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This issue of the Legislative Update is a comprehensive review of all legislation passed by the General Assembly during the 2008 session. It is a report intended to provide a brief synopsis of newly enacted legislation and is generally categorized for ease of review. Please refer to the actual text of the legislation for detailed provisions.

Requests for Legislation

When requesting legislation, please refer to the Act number. Please direct requests for legislation to Katie Staden, South Carolina Bar, P.O. Box 608, Columbia SC 29202. (803) 799-6653. Fax: (803) 799-4118. Bar members can also request legislation by e-mailing kstaden@scbar.org. There will be a charge for any requests exceeding 30 pages ($.10 per page).

Any other questions relating to legislation can be directed to Kali Campbell Turner, South Carolina Bar, P.O. Box 608, Columbia, SC 29202. (803) 799-6653. Fax: (803) 799-4118 kturner@scbar.org.

General Assembly & South Carolina Code of Laws

Online legislation and regulations are available at www.scstatehouse.net. The South Carolina Code of Laws is available at this site as well.


Administration of the Government

Administrative Law Court Hearings and Proceedings. Act 188 (R215, H3219) amends § 1-23-600, Code of Laws of South Carolina, 1976, relating to Administrative Law Court hearings and proceedings, so as to delete the exception providing that contested cases arising under the Occupational Safety and Health Act are not to be heard by an Administrative Law Judge; amends § 41-15-310, relating to the Department of Labor, Licensing and Regulation hearing occupational health and safety contested cases, so as to provide that a party aggrieved by a citation, penalty, or abatement issued by the Department of Labor, Licensing and Regulation, Division of Labor may request a contested case hearing before the Administrative Law Court in accordance with the Administrative Procedures Act and to provide procedures for appearing in and appealing such cases; and repeals Article 6, Chapter 15, Title 41 relating to the South Carolina Occupational Health and Safety Review Board. Effective January 1, 2009.

Commission on Women. Act 249 (R302, S903) amends § 1-15-10, Code of Laws of South Carolina, 1976, relating to the creation of and appointment of members to the Commission on Women, so as to increase the members from seven to fifteen and to provide that one member must be appointed from each Congressional District and the remaining members from the State at-large. Effective June 5, 2008.

Department of Transportation. Act 334 (R413, H3575) amends the Code of Laws of South Carolina, 1976, by adding § 1-23-505 so as to define certain terms; adds § 1-23-535 so as to provide that the Administrative Law Court shall have an official seal; amends § 1-23-310, relating to definitions for purposes of administrative procedures, so as to change a reference to the Administrative Law Judge Division to the Administrative Law Court; amends § 1-23-320, relating to contested case hearings, so as to delete a provision regarding the handling of attendance and testimony of witnesses, production of books, papers, and records, and other procedural matters and provide for enforcement or relief from an agency subpoena before the Court; amends § 1-23-380, relating to judicial review after exhaustion of administrative remedies, so as to delete references to the Administrative Law Court and to review by an administrative law judge of a final decision in a contested case to conform the procedures to other procedural provisions regarding the Court; amends § 1-23-560, relating to the application of the Code of Judicial Conduct to the Administrative Law Court, so as to provide that the Code of Judicial Conduct serves as the sole grounds for discipline of administrative law judges and to allow administrative law judges and spouses to accept invitations to certain judicial-related functions; amends § 1-23-600, relating to hearings and proceedings of the Administrative Law Court, so as to conform the procedures to other procedural provisions regarding the Court and to prohibit the hearing of certain inmate appeals by the Court; amends § 1-23-610, relating to review of decisions of the Administrative Law Court, so as to conform the procedures to other procedural provisions regarding the Court and delete the provision requiring appropriated monies to be used for the same purpose indefinitely; and amends § 1-23-640, relating to the venue where Administrative Law Court cases are heard, so as to provide that contested cases will be heard at the principal offices or at another suitable location under certain circumstances. Effective June 16, 2008.

Fleet Management Program. Act 203 (R230, S368) amends § 1-11-220, Code of Laws of South Carolina, 1976, relating to the Fleet Management Program, so as to provide that the Program shall seek to improve environmental quality by decreasing the discharge of pollutants; and amends § 1-11-310, relating to the acquisition of the State Fleet, so as to provide that preference must be given to hybrid, plug-in hybrid, bio-diesel, hydrogen, fuel cell, or flex-fuel vehicles when performance, quality, and life cycle costs are comparable to other available vehicles. Effective April 17, 2008.

Motion Picture Incentive Act of 2008. Act 359 (R392, H4815) amends § 1-30-25, Code of Laws of South Carolina, 1976, relating to the Department of Commerce and § 1-30-80, relating to the Department of Parks, Recreation and Tourism, so as to move the South Carolina Film Commission from the Department of Commerce to the Department of Parks, Recreation and Tourism and provide transition provisions; and amends Chapter 62 of Title 12, relating to the South Carolina Motion Picture Incentive Act, so as to make conforming amendments reflecting the transfer of the South Carolina Film Commission. Effective July 1, 2008.

Official State Color. Act 200 (R229, S1033) amends Article 9, Chapter 1, Title 1, Code of Laws of South Carolina, 1976, by adding § 1-1-710 to designate the color indigo blue as the official color of the State of South Carolina. Effective April 16, 2008.

Retiree Health Insurance Trust Fund. Act 195 (R218, H3789) retitles Article 5, Chapter 11, Title 1, Code of Laws of South Carolina, 1976, relating to employees and retirement insurance as "Employees and Retirees Insurance-Accounting for Post-Employment Benefits," to make findings with respect to the State's compliance with new requirements of the Governmental Accounting Standards Board for Post-Employment Benefits by adding §§ 1-11-703, 1-11-705, and 1-11-707 so as to establish the South Carolina Retiree Health Insurance Trust Fund (SCRHI Trust Fund) and the South Carolina Long Term Disability Insurance Trust Fund as the method of paying and accounting for retiree health insurance premiums and basic long term disability income benefit plan premiums in compliance with new accounting standards, to provide for the actuarial funding and investment of the assets of these trust funds, and to provide definitions; amends § 1-11-710, relating to the State Health and Dental Plans, so as to eliminate a specific requirement to use excess reserves to reduce premiums or improve benefits and express the intent of the General Assembly to make progress in meeting or maintaining annual contributions to the SCRHI Trust Fund to meet new accounting standards; and amends § 1-11-730, relating to persons eligible for post-employment participation in the State health and dental plans and eligibility for employer paid premiums for retirees, so as to conform the payment of employer premiums for retirees to the revised method provided in this Act, prospectively to revise the eligibility requirements for employer paid premiums for retirees, and to delete an obsolete provision. Effective May 1, 2008.

State Boundaries. Act 264 (R304, S955) amends § 1-1-10, Code of Laws of South Carolina, 1976, relating to the jurisdiction and boundaries of the State, so as to revise a portion of the boundaries between North Carolina and South Carolina, and Georgia and South Carolina. Effective June 4, 2008.

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Alcohol & Alcoholic Beverages

Alcohol. Act 320 (R400, S96) amends the Code of Laws of South Carolina, 1976, by adding § 61-6-4155 so as to provide that it is unlawful for a person to use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess an alcohol without liquid device and to provide penalties and exceptions; amends § 61-6-20, relating to definitions of the Alcoholic Beverage Control Act, so as to amend the definition of "bona fide engaged primarily and substantially in the preparation and serving of meals;" and amends § 61-6-1610, relating to the sale and consumption of alcoholic liquors by the drink in food-service establishments or places of lodging, so as to define the terms "kitchen," "meal," and "primarily" for purposes of the section. Effective June 16, 2008.

Wine. Act 243 (R284, S1048) amends § 61-4-120, Code of Laws of South Carolina, 1976, relating to the Sunday sale of wine or beer in this State, so as to provide an exception for wine that is harvested, processed, fermented, bottled, and sold at the same contiguous location, provided that licensing and taxing requirements are met, and provided that the county or municipal governing body adopts an ordinance permitting wine sales on Sunday. Effective May 27, 2008.

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Animals, Livestock & Poultry

Animal Cruelty. Act 259 (R334, H4921) amends § 47-1-10, Code of Laws of South Carolina, 1976, relating to definitions in regard to cruelty to animals, so as to revise the definition of "animal;" amends § 47-1-40, relating to ill-treatment of animals, so as to further provide for exceptions to the section; and amends § 47-3-630, relating to penalties in regard to teasing, maltreating, or injuring police dogs or horses, so as to revise the penalties for violations including making a particular offense a felony. Effective June 5, 2008.

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Appropriations & Budget

Appropriations Bill, 2008-2009. Act 310 (R293, H4800) makes appropriations and provides revenues to meet the ordinary expenses of State Government for the fiscal year beginning July 1, 2008, regulates the expenditure of such funds, and further provides for the operation of State Government during this fiscal year and for other purposes. Effective July 1, 2008.

Capital Reserve Bill. Act 363 (R294, H4801), a joint resolution, appropriates monies from the Capital Reserve Fund for fiscal year 2007-2008. Effective July 1, 2008.

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Banks, Financial Institutions & Money

Banks. Act 181 (R191, S964) amends § 34-3-10, Code of Laws of South Carolina, 1976, relating to prohibition of the use of the word "bank" in connection with a pursuit other than banking, so as to prohibit the use of a banking entity's logo or name in connection with a financial transaction without its written consent, and to provide for remedies, including reimbursement of attorney's fees and costs. Effective February 19, 2008.

Uniform Prudent Management of Institutional Funds Act. Act 289 (R349, S1007) amends Chapter 6 of Title 34, Code of Laws of South Carolina, 1976, relating to the South Carolina Uniform Management of Institutional Funds Act, so as to revise its name to the "South Carolina Uniform Prudent Management of Institutional Funds Act" and provide updated articulations of the prudence standards for the management and investment of charitable funds and for endowment spending, apply principles of management and investment of institutional funds to charities organized as a trust, a nonprofit corporation, or other entity, impose additional duties on those who manage and invest charitable funds, and update rules governing expenditures from endowment funds and provisions governing the release and modification of restrictions on charitable funds. Effective July 1, 2008.

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Civil Remedies & Procedures

Property. Act 225 (R252, H3816) amends § 15‑41‑30, Code of Laws of South Carolina, 1976, relating to property exempt from attachment, levy, and sale, so as to increase the amount of debtor's interest in certain delineated properties that are exempt from attachment, levy, and sale under order of a court or as a result of a bankruptcy proceeding. Effective May 22, 2008 and is immediately applicable to all attachments, levies, and sales under any mesne or final process issued by a court or bankruptcy proceeding.

State Mental Health. Act 266 (R312, S1168) amends § 15‑9‑510, Code of Laws of South Carolina, 1976, relating to service of process on the superintendent of a state mental hospital, so as to substitute "director" for "superintendent" of such hospital; amends § 44‑9‑50, relating to dividing the Department of Mental Health into divisions, so as to delete the provision requiring a medical division to be headed by a medical doctor; amends § 44‑9‑60, relating to the appointment and qualifications of the superintendent of each hospital under the Department of Mental Health, so as to substitute "director" for "superintendent" of such hospitals; amends § 44‑9‑90, relating to the powers and duties of the Mental Health Commission, so as to delete references to epilepsy and to certain obsolete terms, to make technical corrections, and to substitute "director" for "superintendent" of a mental health hospital; amends § 44‑9‑100, relating to areas of responsibility over which the Mental Health Commission may exercise its authority, so as to delete obsolete terms, make technical corrections, and substitute "director" for "superintendent" of a mental health hospital; amends § 44‑22‑220, relating to patient rights grievance procedures, so as to provide that a grievance must be reviewed by the Department and that a determination must be made whether corrective action is warranted; amends § 44‑23‑10, relating to definition of terms used in connection with the Department of Mental Health and the care and treatment of persons with mental illness, so as to revise certain definitions; amends § 44‑23‑210, relating to the transfer of patients between public and private mental health and mental retardation facilities, so as to make technical corrections and to substitute "director" for "superintendent" of a mental health institution or facility; amends § 44‑23‑250, relating to the signature of a "superintendent of any institution" of the Department of Mental Health, so as to provide that it means the "director" of such institutions; repeals § 44‑11‑80 relating to the Mental Health Commission setting the salaries of officers and employees of state mental health facilities; and repeals § 44‑23‑30 relating to a nonresident physician examining an institutionalized patient out of state. Effective June 4, 2008.

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Commercial Code

UCC-Negotiable Instruments and UCC-Bank Deposits and Collections. Act 204 (R233, S936) amends Chapter 3 of Title 36, Code of Laws of South Carolina, 1976, relating to the Uniform Commercial Code—negotiable instruments, and Chapter 4 of Title 36, relating to the Uniform Commercial Code—bank deposits and collections, so as to, inter alia, accommodate the law to technological advances in the processes of collection and payment of checks by providing for electronic presentment of instruments, retention warranties, and encoding warranties, and by defining a bank's duty of ordinary care in collection and payment of checks to follow the commercially reasonable and accepted practice that processing checks by automated means does not normally result in a breach of the bank's duty to exercise ordinary care by failing to examine a check; to reform the rules allocating losses resulting from check fraud by applying the doctrine of comparative fault in determining a bank's liability for losses resulting from the bank's improper payment of a check bearing an unauthorized signature or alteration and the rules applicable in imposter and fictitious payee cases, employers' responsibility for fraudulent endorsements by employees, and issues that arise in conversion claims; protect consumers by preserving the rights of a consumer issuing a note to assert against a transferee of the instrument claims and defenses that the consumer has against the original payee, regulate remotely created consumer items and provide that a person who transfers or presents the item warrants that the consumer on whose account the item is drawn authorized the issuance and amount of the item, and to protect the maker of a note that has been assigned who pays the assignor, unless the maker has received adequate notification of the assignment; to provide that variable interest rate notes qualify as instruments that can be negotiated to holders in due course; and to address cashier's checks, teller's checks, and certified checks including delineation of the rights of the owner of a check that has been lost, destroyed, or stolen and the liability of a bank that wrongfully refuses to pay the check. Effective July 1, 2008.

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Constitutional

Post-Employment Benefits Funds. Act 362 (R300, S463), a joint resolution,  proposes an amendment to Section 16, Article X of the Constitution of South Carolina, 1895, relating to benefits and funding of public employee pension plans in this State and the investments allowed for funds of the various state-operated retirement systems, so as to provide that the funds of any trust fund established by law for the funding of post-employment benefits for state employees and public school teachers may be invested and reinvested in equity securities subject to the same limitations on such investments applicable for the funds of the various state-operated retirement systems and to provide that funds of a political subdivision of this State set aside for the funding of post-employment benefits of employees of the political subdivision, including funds invested in an independent trust established for that purpose, may be similarly invested. Effective May 29, 2008.

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Consumer Protection Code

Consumer Credit Sales. Act 187 (R214, H3140) amends § 37‑5‑103, Code of Laws of South Carolina, 1976, relating to restrictions on deficiency judgments in consumer credit sales, so as to correct cross-references to the Uniform Commercial Code. Effective March 31, 2008.

Contact Lenses. Act 281 (R328, H4529) amends § 37‑25‑70, Code of Laws of South Carolina, 1976, relating to penalties for illegally dispensing contact lenses, so as to provide relief in the Administrative Law Court for a contested case, and delete certain notice provisions imposed on the Department of Consumer Affairs. Effective June 5, 2008.

Continuing Care Facilities. Act 244 (R292, H4750) amends § 37‑11‑100 of the Code of Laws of South Carolina, 1976, relating to disciplinary procedures for those who manage continuing care facilities, so as to delete obsolete provisions, provide grounds for which disciplinary action may be taken, provide types of disciplinary action that may be taken, require that disciplinary action occur subject to the Administrative Procedures Act, and require a person who has undertaken unlawful conduct to repay costs of enforcement of the Chapter; adds § 37‑11‑125 so as to provide that the Attorney General may file an action in the Administrative Law Court or Civil Court to enforce provisions of this Chapter; amends § 37‑11‑135, relating to exemptions from disciplinary procedures, so as to provide that exempt communities must obtain a letter of nonapplicability; adds § 37‑11‑137 so as to provide that funds collected by the Department must be used to implement the provisions of this Chapter; and amends § 37‑11‑140, relating to the effective date of the Chapter, so as to delete obsolete provisions. Effective May 27, 2008.   

Financial Identity Fraud and Identity Theft Protection Act. Act 190 (R202, S453) amends the Code of Laws of South Carolina, 1976, so as to enact the "Financial Identity Fraud and Identity Theft Protection Act," by adding Chapter 20 to Title 37 providing for protections in connection with consumer credit‑reporting agencies and with the use and communication of a consumer's social security number, imposition of a security freeze on a consumer's credit report, prescription of measures for disposal of personal identifying information, procedure for resolution of disputed credit information and civil damages, including attorney's fees and costs and injunctive relief; by redesignating the Family Privacy Protection Act of Chapter 2, Title 30, as Article 1 and by adding Article 3 providing for protection of personal identifying information privacy in connection with a public body and its use and communication of a resident's social security number, prescription for disclosure of social security information and identifying information by and to certain public bodies, prohibition of requiring the use of personal identifying information on a mortgage and in preparation of documents for public filing, and procedure for redacting certain personal identifying information from public records; by adding § 1‑11‑490 so as to provide for disclosure by an agency of this State of unauthorized access to or acquisition of the personal identifying information of a resident whose information the agency owns or licenses and to provide for civil damages, attorney's fees, and injunctive relief; by adding § 16‑11‑725 so as to make it unlawful to use another person's household garbage for the purpose of committing financial or identity fraud; by adding § 16‑13‑512 so as to regulate the use of a cardholder's social security number on a credit or debit card receipt; by adding § 39‑1‑90 so as to provide for disclosure by a person conducting business in this state of unauthorized access to or acquisition of the personal identifying information of a resident whose information the person owns or licenses and to provide for civil damages, attorney's fees, and injunctive relief; by amending § 16‑13‑510, relating to the offense of financial identity fraud, so as to add the elements of willfulness and knowledge and to include the offense of identity fraud as the use of another's information to avoid legal consequences or to obtain employment and to further define "identifying information"; and repeals § 16‑13‑515, relating to identity fraud.  Except as otherwise provided herein, this Act is effective December 31, 2008.

PalmettoPride. Act 324 (R419, H4344) amends the Code of Laws of South Carolina, 1976, by adding Chapter 29 to Title 37 so as to establish the PalmettoPride Nonprofit Corporation, to provide for its membership and duties, and to require that funds appropriated to the program pass through the Department of Parks, Recreation and Tourism and be used for litter control and other authorized purposes. Effective June 16, 2008.

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Corrections

Day Reporting Centers. Act 284 (R341, S274) amends Chapter 21, Title 24, Code of Laws of South Carolina, 1976, relating to the Department of Probation, Parole and Pardon Services, by adding Article 13 so as to allow the Department to develop and operate day reporting centers for certain inmates and offenders, to provide definitions for certain terms, to provide that the terms and conditions of an inmate's placement and participation in a day reporting program is at the joint discretion of the Department of Corrections and the Department of Probation, Parole and Pardon Services, to provide the procedure for the removal of a participant from the program, and to provide the conditions upon which the Pilot Project Day Reporting Center Program terminates; and amends § 22‑5‑110, relating to a magistrate's responsibilities, so as to provide that a person charged with certain misdemeanor offenses must be given a courtesy summons. Effective June 11, 2008 and must be implemented upon the appropriations of sufficient funds by the General Assembly.

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Courts

Jury Lists. Act 270 (R325, H4229) amends the Code of Laws of South Carolina, 1976, by adding § 14‑25‑130 so as to require the preparation of jury lists from the electronic file of persons holding a valid state driver's license or identification card to be furnished by the State Election Commission to Municipal Jury Commissioners; amends § 14‑25‑125 and § 14‑25‑155, both relating to the composition of Municipal Court jury lists, both so as to provide that the jury list to be used by the municipality is the list prepared by the Jury Commissioners from the latest official list provided by the State Election Commission; and amends § 14‑7‑130, relating to the preparation of jury lists of persons holding a valid state driver's license or identification card, so as to require the preparation of jury lists from the electronic file of persons holding a valid state driver's license or identification card to be furnished by the State Election Commission to County Jury Commissioners. Effective June 4, 2008.

Misdemeanor Traffic Violations. Act 283 (R338, S88) amends § 14‑1‑207 and § 14-1-208, Code of Laws of South Carolina, 1976, relating to assessments on Magistrates Court offenses and Municipal Court offenses, respectively, so as to provide these assessments may not be imposed on misdemeanor traffic violations including prohibited area parking violations and violations for parking in places clearly designated for handicapped persons; amends § 14‑1‑211, relating to surcharges on General Sessions, Magistrates, and Municipal Court offenses, so as to further provide that misdemeanor traffic violations exempted from the surcharge include prohibited area parking violations and violations for parking in places clearly designated for handicapped persons; and adds § 56‑5‑2600 so as to prohibit a local governing body from increasing a fine of a parking violation before thirty days. Effective June 11, 2008.

Proviso Codification Act of 2007. Act 353 (R402, S530), a comprehensive bill, enacts the Budget Proviso Codification Act of 2008, so as to provide for the codification in the Code of Laws of South Carolina, 1976, of certain provisos contained in the annual General Appropriations Act. The Act, among other things, amends § 14‑1‑204, relating to distribution of the filing fee for complaints and petitions in Civil Court, so as to impose and additional fee of fifty dollars and to provide for its allocation; amends by adding § 14‑1‑210 so as to provide a procedure by which the State Auditor shall audit at random treasurers, courts, and clerks of court authorized to collect assessments in Family, Circuit, Magistrates, and Municipal Courts, to impose reporting requirements, and to provide for training for the collection and distribution of such assessments; amends § 14‑1‑206, relating to additional assessments imposed by General Sessions Courts, so as to revise the amount of an assessment imposed by a General Sessions Court that a person must pay, and to revise the method by which the balance of the assessments is allocated; amends § 14‑1‑207, relating to additional assessments imposed by Magistrates Courts, so as to revise the amount of an assessment imposed by a Magistrates Court that a person must pay, and to revise the method by which the balance of the assessments is allocated; amends § 14‑1‑208, relating to additional assessments imposed by Municipal Courts, so as to revise the amount of an assessment imposed by a Municipal Court that a person must pay, and to revise the method by which the balance of the assessments is allocated; and amends by adding § 14‑1‑218 so as to allocate three million two hundred thousand dollars to specified agencies in specified amounts from deposits made from assessments from General Sessions, Magistrates, and Municipal Courts. Effective July 1, 2009.

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Crimes & Offenses

Crime Victims Ombudsman. Act 271 (R329, H4601) amends § 16‑3‑1180, Code of Laws of South Carolina, 1976, relating to victims' compensation awards, so as to allow the Director of the State Office of Victim Assistance to authorize additional mental health counseling for victims; amends § 16‑3‑1230, relating to crime victims' compensation claims, so as to allow claim submission via facsimile or other electronic means; amends Article 14, Chapter 3 of Title 16, relating to the Victim/Witness Assistance Program, so as to restructure the Program to empower the State Office of Victim Assistance to provide certain services currently provided by the Victim Compensation Fund, to restructure the victims' services to be provided, and to create the Victim Services Coordinating Council and provide for its membership; amends § 16‑3‑1620, relating to the Crime Victims' Ombudsman of the Office of the Governor, so as to create the Office of Victim Services Education and Certification within the Office of the Crime Victims' Ombudsman and establish certification and continuing education requirements for victim service providers; and adds § 16‑3‑1680 so as to authorize the Crime Victims' Ombudsman to promulgate necessary regulations. Effective January 1, 2009.

Criminal Domestic Violence. Act 255 (R320, H3058) amends § 16‑25‑20, Code of Laws of South Carolina, 1976, relating to the offense of criminal domestic violence, so as to restructure the penalty provisions, increase certain penalties, and add that criminal domestic violence convictions in other states are to be considered when determining a previous conviction for purposes of enhancing the penalty. Effective June 4, 2008.

Criminal Domestic Violence Study Committee. Act 402 (R210, S1099), a joint resolution, creates a Study Committee to review the Criminal Domestic Violence laws of the State and make recommendations to the General Assembly concerning any proposed changes; and further requires the Study Committee to report its recommendations to the General Assembly no later than January 31, 2009, at which time the Study Committee must be dissolved. Effective April 2, 2008.

Domestic Violence Shelter. Act 319 (R396, H5001) amends the Code of Laws of South Carolina, 1976, by adding § 16‑25‑125 so as to define certain terms, to create the offense of trespass upon the grounds or structure of a domestic violence shelter, and to provide a penalty; amends § 16‑3‑1770, relating to the form and content of a temporary restraining order, so as to reference the offense of trespass upon the grounds or structure of a domestic violence shelter when the trespasser is subject to a restraining order or order of protection and to provide a penalty; amends § 16‑25‑70, relating to a warrantless arrest or search when a person is believed to have committed a criminal domestic violence offense, so as to clarify a warrantless arrest or search may be undertaken by law enforcement when there is probable cause to believe a violation has occurred; amends § 16‑25‑120, relating to conditions of release on bond of persons subject to a restraining order or an order of protection, so as to require the court to give the person notice of the offense of trespass on the grounds or structure of a domestic violence shelter; and amends § 20‑4‑60, relating to orders of protection regarding domestic abuse, so as to reference the offense of trespass upon the grounds or structure of a domestic violence shelter when the trespasser is subject to a restraining order or order of protection and to provide a penalty. Effective June 11, 2008.

False Information. Act 191 (R213, H3059) amends § 16‑17‑725, Code of Laws of South Carolina, 1976, relating to giving false information to a law enforcement officer or a member of the fire department or rescue squad, so as to add that it is unlawful during a traffic stop for a person to misrepresent his identification to a law enforcement officer for the purpose of avoiding arrest or criminal charges. Effective April 2, 2008.

Gang Prevention Study Committee. Act 401 (R201, H4630), a joint resolution, creates a new Gang Prevention Study Committee to continue the work of the initial Gang Prevention Study Committee to assess and combat the State's ongoing gang problem by assisting state agencies in coordinating gang reduction plans and make further recommendations addressing gang-related activity in the State.  Effective February 27, 2008. 

Handguns. Act 192 (R219, H4364) amends § 16‑23‑30, Code of Laws of South Carolina, 1976, relating to the unlawful sale of handguns to certain persons, so as to prohibit the sale of a handgun to persons under eighteen years of age rather than under twenty-one years of age.  Effective April 2, 2008.

Illegal Aliens. Act 280 (R327, H4400), comprehensive legislation, amends the Code of Laws of South Carolina, 1976, so as to enact the South Carolina Illegal Immigration Reform Act. Highlights of the legislation include changes to the following areas: harboring and transporting illegal aliens; prohibition of “sanctuary cities,” preemption language; penalties for fraudulent documents; public sector employment; private sector employment; public benefits; registration of immigration assistance; restitution for identity fraud; higher education; recording and reporting immigration law violations; cooperation between state and federal law enforcement; bond consideration; detention of illegal aliens; state grand juries; firearms; and wrongful termination. Effective June 4, 2008. 

Law Enforcement Personnel. Act 226 (R253, H4437) amends § 16‑15‑410, Code of Laws of South Carolina, 1976, relating to the offense of third degree sexual exploitation of a minor, so as to provide an exception for certain State and Law Enforcement Personnel who are in possession of material containing visual representations of minors engaging in sexual activity during the course of an investigation. Effective May 14, 2008.

Metals. Act 260 (R335, H4930) amends § 16‑17‑680, Code of Laws of South Carolina, 1976, relating to unlawful purchase of copper, so as to provide that it is unlawful to purchase nonferrous metals from a person who is not an authorized retailer or wholesaler unless the person is a secondary metals recycler and verifies the seller's name and address, and certain other identification requirements are met, to provide the secondary metals recycler may only purchase nonferrous metals for cash consideration, to provide procedures for written hold notices that are created when law enforcement has reasonable cause to believe the nonferrous metal is stolen, to define certain necessary terms; to provide an exception for aluminum cans, and to provide for preemption of local ordinances under certain circumstances, and adds § 16‑11‑523 so as to provide that it is unlawful to willfully and maliciously cut, mutilate, or deface real property for the purpose of obtaining nonferrous metals, to provide penalties, and to provide civil liability for the victims of the attempted theft of nonferrous metals. Effective June 4, 2008.

Sentencing Guidelines Commission. Act 407 (R339, S144), a joint resolution, establishes the South Carolina Sentencing Reform Commission to review, study, and recommend legislation regarding sentencing guidelines for certain offenses, the parole system, and alternative sentencing procedures for offenders for whom traditional imprisonment is not appropriate; provides for the membership, powers, and duties of the Commission; and provides for the staffing of the Commission and for the termination of the Commission no later than June 1, 2009. Effective June 11, 2008.  

Weapons. Act 337 (R346, S968) amends § 16‑23‑405, Code of Laws of South Carolina, 1976, relating to the definition of "weapon" and the handling of weapons used in the commission of a crime, so as to remove "knife with a blade over two inches long" from the definition; amends § 16‑23‑460, relating to carrying concealed weapons, so as to provide for the exclusion of knives within the purview of the offense unless they are used with the intent to commit a crime; amends § 10‑11‑320, relating to the unlawful carrying or discharging of a firearm on capitol grounds and within the capitol building, so as to provide an exception for a person who possesses a concealable weapons permit and who is authorized to park on the capitol grounds or the garage under certain circumstances. Effective June 25, 2008.

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Criminal Procedures

Coroner’s Office. Act 314 (R360, S1172) amends § 17‑5‑50, Code of Laws of South Carolina, 1976, relating to filling of vacancies in the Office of the Coroner, so as to provide for the manner in which these vacancies shall be filled and for the person who shall act in the Coroner's place if a vacancy or suspension in the office exists. Effective June 11, 2008.

Traffic Diversion Program Act. Act 176 (R186, H3572) amends Chapter 22, Title 17, Code of Laws of South Carolina, 1976, relating to the Pretrial Intervention Program by designating the existing sections as Article 1 and by adding Article 3 so as to create the "Traffic Education Program Act," to provide that each solicitor has the authority to establish a program for persons who commit traffic-related offenses punishable by a fine or loss of four points or less, to provide that the solicitor is authorized to contract for services with the appropriate municipality or county, and to provide procedures for the operation of a traffic education program and the requirements for persons desiring to enter a program. Effective May, 4 2008. All circuit solicitors shall have a traffic education program in effect by July 1, 2009, and no person has the right to apply to the program until the program is established.

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Domestic Relations

Childcare Homes. Act 262 (R299, S311) amends the Code of Laws of South Carolina, 1976, by adding § 20‑7‑2723 so as to require all childcare centers, group childcare homes, and family childcare homes that do not carry liability insurance, or whose liability insurance lapses or is canceled and not replaced, to obtain statements from the parent or guardian of a child enrolled in the childcare facility indicating that the parent or guardian has received notice from the facility that the facility does not carry liability insurance or that the insurance lapsed or was canceled, to require the Department of Social Services to inform each childcare center, group childcare home, and family childcare home of this requirement, and to provide that compliance with this section is a condition of licensure; amends § 20‑7‑2725, relating to the requirement that childcare center employees undergo criminal background checks and that persons who have been convicted of certain offenses are prohibited from being employed by a childcare center, so as to also require a Central Registry of Child Abuse and Neglect check to be conducted on the person seeking childcare center employment, to provide additional provisional employment requirements relative to the Central Registry checks, to establish criminal penalties when a director of a childcare facility violates the provisional employment requirements, and to require the Department of Social Services to complete a Central Registry check within two days of receiving the request; and adds § 20‑7‑2727 so as to require the owner or operator of a childcare center, group childcare home, or family childcare home to notify and obtain statements from the parent or guardian of a child enrolled in the childcare facility that the facility may provisionally employ a person when an unexpected vacancy occurs. Effective June 30, 2008. 

Children’s Code. Act 361 (R423, H4747) amends the Code of Laws of South Carolina, 1976, by adding Title 63 entitled "South Carolina Children's Code" so as to transfer provisions from Chapter 7, Title 20 to Title 63, to include the state policy on children, family court and family court judges, legal status of children, child protection and permanency, adoptions, children's service agencies, childcare facilities, custody and visitation, paternity and child support, and juvenile justice; adds Article 5 to Chapter 3, Title 20, relating to divorce, so as to transfer the provisions of Article 6, Chapter 7, Title 20, relating to equitable apportionment of property, to this Article; adds Article 4 to Chapter 5, Title 43, relating to public aid to children, so as to transfer the provisions of Subarticle 7, Article 13, Chapter 7, Title 20, relating to public aid, to this Article; adds § 44‑53‑378 so as to transfer the provisions of § 20-7-105, which creates a criminal offense for exposing a child to methamphetamines, to this section; and repeals Chapter 7, Title 20, relating to the Children's Code; repeals § 43‑5‑585, relating to reporting child support arrearages to credit reporting agencies, which was transferred to Article 21, Chapter 17, Title 63; and repeals §§ 43‑5‑595, 43‑5‑596, and 43‑5‑597, relating to child support enforcement through financial institution data matches, which were transferred to Article 17, Chapter 17, Title 63. Effective June 16, 2008.  

Child Support. Act 332 (R373, H3478) amends the Code of Laws of South Carolina, 1976, by adding § 20‑7‑851 so as to provide that the Department of Social Services shall establish a federally required State Disbursement Unit for the collection and disbursement of child, spousal, or child and spousal support; amends § 20‑7‑1140, relating to providing notice to the nonregistering party under the Uniform Interstate Family Support Act when an order of support is registered in another state, so as to provide that notice must be given by first-class, certified, or registered mail or by other authorized forms of personal service; adds §§ 20‑7‑1300 and 20‑7‑1310 so as to provide that the Centralized State Disbursement Unit for the collection and disbursement of support is to be implemented on a county-by-county basis, to provide that statutory changes to accomplish this implementation take effect on a county-by-county basis, and to require the Department of Social Services to notify each affected support payor of the date on which these changes take effect; amends § 20‑7‑1315, relating to procedures for income withholding to secure payment of support obligations, so as to revise these procedures to conform to the federally required State Disbursement Unit for the collection and disbursement of support and to provide that if a person ordered to pay support is in arrearage in an amount equaling three months support, the person's wages must be withheld for the collection of the person's support obligation; amends §§ 20‑7‑1326 and 20‑7‑1328, relating, respectively, to procedures for the receipt and disbursement of support payments by the Clerk of Court pursuant to income withholding procedures and to voluntary income withholding procedures, so as to revise these procedures to conform with the federally required State Disbursement Unit for the collection and disbursement of support; and amends § 20‑7‑420, relating to the jurisdiction of the Family Court in domestic matters, including the authority to issue orders for the payment of support, so as to clarify provisions relating to the obligation to pay child support up to and after age eighteen. Effective June 11, 2008. The State Disbursement Unit is to be implemented in accordance with § 20‑7‑1300 and § 20‑7‑1310 as contained in Section 3 of this Act.

Guardian Ad Litem Program. Act 288 (R348, S980) amends § 20‑7‑121, Code of Laws of South Carolina, 1976, relating to the creation, purpose, and administration of the South Carolina Guardian Ad Litem Program, so as to provide that a county providing guardian ad litem services on this Act's effective date may continue to provide these services if the county's program is a member of the National Court Appointed Special Advocate Association and to provide that such programs must comply with all state and federal laws; amends §§ 20‑7‑126 and 20‑7‑127, relating, respectively, to confidentiality of records and immunity from liability, so as to further specify that these provisions apply to county guardian ad litem programs; and amends § 20‑7‑129, relating to funding provided by the General Assembly for the South Carolina Guardian Ad Litem Program, so as to provide that such funding must not be provided by the General Assembly for a county guardian ad litem program. Effective June 11, 2008.

Joint Citizens and Legislative Committee on Children. Act 251 (R306, S1011) amends the Code of Laws of South Carolina, 1976, by adding § 20‑7‑25 so as to establish the Joint Citizens and Legislative Committee on Children, to provide for its membership, powers, and duties, to direct the Committee to study issues relating to children as it may undertake or as directed or requested by the General Assembly, to require the Committee to report annually to the Governor and General Assembly, to provide that the Children's Law Center at the University of South Carolina School of Law shall provide staffing for the Committee, to provide that funding may be provided in the annual General Appropriations Act and from other sources, and to terminate the Committee December 31, 2015, unless reauthorized by the General Assembly. Effective June 4, 2008.

Legal Representation of Children. Act 199 (R225, S9) amends § 20‑7‑110, Code of Laws of South Carolina, 1976, relating to the legal representation of children and the appointment of guardians ad litem, so as to provide that an attorney guardian ad litem who is appointed by the Court shall serve as both the guardian ad litem and legal counsel; and amends § 15‑78‑30, relating to definitions for purposes of the Tort Claims Act, so as to amend the definition of the term "employee" to include a court appointed representative. Effective April 16, 2008.

Marriage. Act 291 (R372, H3359) amends the Code of Laws of South Carolina, 1976, by adding § 20‑3‑135 so as to provide that a marriage, otherwise lawful, that is declared void ab initio by reason of fraud does not relieve the party committing the fraud of the duty to provide spousal support that would have otherwise existed. Effective June 11, 2008.

Marriage Ceremonies. Act 322 (R415, H3798) amends § 20‑1‑20, Code of Laws of South Carolina, 1976, relating to persons authorized to perform marriage ceremonies, so as to also authorize a chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs to perform marriage ceremonies. Effective June 16, 2008.

South Carolina Children’s Trust Fund. Act 273 (R308, S1058) amends Article 17, Chapter 7, Title 20, Code of Laws of South Carolina, 1976, relating to the establishment of the South Carolina Children's Trust Fund, so as to eliminate duplicative duties of the organization and revise its governance by reconstituting the Board of Trustees as a Board of Directors consisting of seventeen members, including eleven at-large members appointed by the Governor from nominees made by the current Board members plus one member from each of the State's Congressional Districts, to delete the requirement of the Senate's advice and consent to these appointments, and to delete various qualifications for service on the Board of Directors and term limits on service; amends §§ 6‑29‑1330, 13‑7‑840, 16‑3‑1160, 40‑25‑40, 40‑30‑40, 43‑21‑10, 48‑21‑20, 48‑45‑80, 49‑23‑60, 51‑18‑40, 51‑18‑60, and 57‑23‑50, all of the 1976 Code and Act 597 of 1980, relating respectively to the State Advisory Committee on Educational Requirements for local government planning or zoning officials and employees, the Governor's Nuclear Advisory Council, the South Carolina Crime Victim's Advisory Board, the Commission of Hearing Aid Specialists, the Advisory Panel for Massage/Bodywork, the Advisory Council on Aging, the Mining Council, Advisory Committee to the Sea Grant Consortium Director, Local Drought Response Committee, the War Between the States Heritage Trust Commission, War Between the States Heritage Trust Advisory Board, the Scenic Highways Committee, and the Old Jacksonborough Historic District authority, so as to eliminate the requirement for the Senate's advice and consent for gubernatorial appointments to these entities, and to provide transition provisions for the Governing Board of the South Carolina Children's Trust Fund. Effective June 4, 2008.  

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Education

Charter Schools. Act 239 (R280, H4980) amends § 59‑40‑110 and § 59‑40‑115, Code of Laws of South Carolina, 1976, relating to the approval, renewal, revocation, termination of charters for charter schools and termination of a charter school's contract with its sponsor, and appeal of a decision to revoke or not renew a charter school, so as to increase the charter period from five to ten years and provide that appeals are taken to the Administrative Law Court rather than the State Board of Education; amends § 59‑40‑70, relating to the Charter School Advisory Committee and its role in the review of charter school applications, so as to provide that appeals by an applicant or a local school Board of Trustees with respect to an application are to the Administrative Law Court rather than the State Board of Education; amends § 59‑40‑90 and § 59‑40‑180, relating to appeals by the State Board of Education with respect to actions by a local school Board of Trustees with respect to a charter school application and regulations and guidelines promulgated or developed by the State Board of Education, so as to conform the appellate process to changes made by this Act; and amends § 59‑40‑50, relating to the exemption from public school law and regulations allowed charter schools and separate requirements imposed on charter schools, so as to revise enrollment priority provisions.  Effective May 21, 2008.

Coastal Carolina University—Board of Trustees. Act 381 (R181, S793) provides that the Board of Trustees of Coastal Carolina University may meet in locations other than Conway and provides that all property, real and personal, and rights of every description vested in Coastal Carolina University located in Horry County shall be vested in "Coastal Carolina University." Effective February 4, 2008.

Commission for Technical and Community Education. Act 215 (R259, H4680) amends Act 906 of 1962, relating to the Spartanburg County Commission for Technical and Community Education, so as to provide for representation on the Commission of a member from Cherokee County School District One and a member from the School District of Union County, to reduce from four to two the at-large members from Spartanburg County and to provide transition provisions. Effective May 13, 2008.

Critical Needs Nursing Initiative Act. Act 276 (R307, S1022) amends the Code of Laws of South Carolina, 1976, by adding Chapter 110 to Title 59 so as to enact the "South Carolina Critical Needs Nursing Initiative Act" to establish the Critical Needs Nursing Initiative Fund, to improve the number of qualified nurses in this State by providing nursing faculty salary enhancements, to create new faculty positions, to provide additional nursing student scholarships, loans, and grants, to establish the Office for Health Care Workforce Research to analyze health care workforce supply and demand, and to provide for the use of simulation technology and equipment in the education of nurses; and provides the Chapter's provisions are subject to appropriation by the General Assembly. Effective June 5, 2008. 

Denmark Technical College Area Commission. Act 275 (R303, S950) amends § 59‑53‑630, Code of Laws of South Carolina, 1976, relating to the powers of the Denmark Technical College Area Commission, so as to allow the Commission to enter into ground lease agreements with private entities upon approval by the State Budget and Control Board; amends §§ 59‑53‑740, 59‑117‑65, 59‑125‑130, 59‑127‑85, 59‑130‑60, and 59‑133‑60, all relating to the authority to enter into ground lease agreements, so as to provide that transactions entered into pursuant to the respective sections are not exempt from compliance with Chapter 35 of Title 11; and adds § 59‑53‑290 so as to allow the Area Commission of Tri-County College to enter into ground lease agreements with private entities upon approval by the State Budget and Control Board. Effective June 5, 2008.

Education Accountability Act. Act 282 (R330, H4662) amends Chapter 18, Title 59, Code of Laws of South Carolina, 1976, relating to the Education Accountability Act, so as to revise the manner in which students are assessed and schools and districts are assessed and accredited, to provide for designation to signify varying levels of school academic performance, and to revise and further provide for other related provisions regarding education accountability; provides that the Palmetto Achievement Challenge Test does not meet the requirements of Chapter 18 of Title 59 as of July 1, 2008; and amends § 59‑67‑270, relating to inspection of school buses, so as to provide that school buses may be inspected by either the State Department of Education or the Federal Department of Transportation, and provide for the use of the monetary savings from the revised inspection provisions of this Section. Effective June 5, 2008.

External Defibrillator Program. Act 278 (R322, H3723) amends the Code of Laws of South Carolina, 1976, by adding § 59‑17‑155 so as to require, subject to appropriations by the General Assembly, each school district in this State to develop and implement an automated external defibrillator program for each high school in the district which requires that such a defibrillator is provided on the grounds of each high school, that district employees and volunteers reasonably expected to use the device, as determined by the District Superintendent or the Superintendent's designee, are trained in its use, and that these devices are periodically inspected and maintained, to provide the District shall define the program and the manner in which it operates, to provide immunity from civil liability with respect to this program except for grossly negligent acts, and to authorize the State Budget and Control Board to establish a state contract for the procurement of automated external defibrillators. Effective June 5, 2008 and first applies to the 2008-2009 school year. 

Higher Education Revenue Bond Act. Act 366 (R256, H4520) authorizes the University of South Carolina to issue revenue bonds to provide funds for the acquisition, construction, and equipping of a new business school facility and for the renovation of the Close-Hipp building for lease and occupancy by an agency of the Federal Government, provides that the revenue bonds shall be secured by and payable from a pledge of the lease payments, and provides the process, procedures, and provisions under which the revenue bonds may be issued and circumstances under which the bonds may be refinanced.  Effective May 22, 2008.

Higher Education Task Force. Act 399 (R193, S1034), a joint resolution, extends the date by which the Higher Education Task Force must submit recommendations for the Higher Education Statewide Strategic Plan to the General Assembly from February 1, 2008 until September 15, 2008.  Effective February 19, 2008.

High School Student Transfers. Act 293 (R387, H4758) amends the Code of Laws of South Carolina, 1976, by adding § 59‑63‑425 so as to provide that a high school student who is the victim of physical abuse, harassment, or stalking by a classmate during school hours or otherwise resulting in a restraining order being granted against the classmate by a court of competent jurisdiction may transfer with the consent of the student's school district to another high school within or out of the district within thirty school days of the restraining order being violated, without any loss of eligibility to participate in interscholastic activities at the school to which the student transfers. Effective June 11, 2008.

LightRail Consortium. Act 330 (R428, H4953) amends Title 59, Code of Laws of South Carolina, 1976, relating to higher education, by adding Chapter 151 so as to establish the South Carolina LightRail Consortium, to provide for the governance of the Consortium, and for its funding, duties, and powers. Effective June 16, 2008.   

Military Personnel and Dependents. Act 299 (R353, S1115) amends § 59‑112‑50, Code of Laws of South Carolina, 1976, relating to in-state tuition at public colleges and universities for military personnel and their dependents, so as to further provide for the manner in which and conditions under which these personnel and their dependents are eligible to receive and retain in-state tuition rates; and adds § 40‑1‑75 so as to provide that a person whose profession or occupation is regulated by Title 40 is exempt from completing continuing education requirements for his profession or occupation while serving on active military duty. Effective June 11, 2008.

Palmetto Fellows Scholarship and LIFE Scholarship. Act 178 (R185, H3379) amends § 59‑104‑20 and § 59‑149‑50, Code of Laws of South Carolina, 1976, relating to the Palmetto Fellows Scholarship and the Life Scholarship, respectively, so as to provide that for purposes of meeting the high school rank criteria for these scholarships the existing high school rank of a South Carolina resident attending an out-of-state high school may be used if it is calculated pursuant to a state‑approved standardized grading scale at the respective out‑of‑state high school. Effective February 13, 2008.

Palmetto Fellows Scholarship and LIFE Scholarship. Act 235 (R276, H4408) amends § 59‑104‑25 and § 59‑149‑15, Code of Laws of South Carolina, 1976, relating to the Palmetto Fellows Scholarship stipend for students majoring in mathematics or sciences and the LIFE Scholarship stipend for students majoring in mathematics or sciences, respectively, both so as to revise the course requirements necessary to receive the stipend during a student's freshman year. Effective May 22, 2008.

School District Residence Qualifications. Act 323 (R418, H4320) amends § 59‑63‑31, Code of Laws of South Carolina, 1976, relating to qualifications for attendance at public schools, so as to add the residence of a child in a particular school district as a result of a parent's or legal guardian's military deployment; adds § 59‑63‑35 so as to allow nonresident military personnel to enroll in a program to award a South Carolina high school diploma, to provide that neither the State nor the local school district shall bear the cost of enrollment, and to provide that a nonresident member of the armed forces who has maintained certain significant contacts with the State is considered a resident for purposes of Title 59. Effective June 16, 2008.

Tuition Prepayment Program. Act 246 (R296, S75) amends the Code of Laws of South Carolina, 1976, by adding § 59‑4‑110 so as to provide that the South Carolina Tuition Prepayment Program may not accept new participants until authorized by the General Assembly and that the Program remains in operation for existing participants; and by adding § 59‑4‑120 so as to provide that an annual increase in tuition for an institution cannot exceed seven percent per year from fiscal year 2006-2007, and to the extent that it does, the institution shall grant a waiver of the difference to the designated beneficiary. Effective July 1, 2008.

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Elections

Boards of Registration and Election CommissionsAct 312 (R352, S1106) amends the Code of Laws of South Carolina, 1976, by adding Chapter 27 to Title 7 so as to codify the provisions of law that created and combined various County Boards of Registration and Election Commissions into a single entity and to provide that those counties that do not have combined Boards of Registration and Election Commissions must have their separate Boards and Commissions appointed pursuant to the provisions of §§ 7‑5‑10 and 7‑13‑70. Effective June 12, 2008.

Children and Voting Booths. Act 205 (R236, S14) amends § 7‑13‑770, Code of Laws of South Carolina, 1976, relating to an unauthorized person not allowed within the guard rail of a voting booth, so as to authorize a dependent child of a qualified elector to accompany the qualified elector in the voting booth while he is casting his ballot. Effective May 14, 2008.

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Environmental Protection & Conservation

Energy Conservation Plans. Act 318 (R389, H4766) amends § 48‑52‑620, Code of Laws of South Carolina, 1976, relating to energy conservation plans for state agencies, so as to provide specific energy reduction and reporting requirements, to provide an exemption from annual reporting requirements for an agency implementing all available cost-effective energy conservation measures, and to provide certain definitions; amends § 48‑52‑640, relating to purchase of energy conservation products by a state agency, so as to provide that the State Energy Office may certify for procurement only a product that meets or exceeds federal energy star standards, to require replacement of an incandescent light bulb used by a state agency with a compact fluorescent bulb when the incandescent bulb needs replacing, and to establish the Wind Energy Production Farms Feasibility Study Committee, to specify the Committee's composition and responsibilities, and to provide, among other things, the Committee is abolished on the submission of its report to the General Assembly no later than January 1, 2010. Effective June 11, 2008.

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Fish, Game & Watercraft

Alligator Control Programs. Act 179 (R188, S452) amends § 50‑15‑50, Code of Laws of South Carolina, 1976, relating to management of nongame and endangered wildlife, so as to delete a provision permitting the Department of Natural Resources to issue permits by adding certain persons allowing the removal and disposition of alligators; adds § 50‑15‑65 so as to provide that the Department shall establish an Alligator Management Program for the hunting and for the selective removal of alligators, to provide for the terms, conditions, and fees and costs of this program, to establish the Private Lands Alligator Program under which landowners or lessees of private property may apply for permits that allow alligators to be taken with firearms under specified conditions, and to provide penalties for certain violations; amends § 50‑15‑80, relating to penalties for certain violations of the Nongame and Endangered Species Conservation Act and the disposition of confiscated property, so as to further provide for what actions give rise to the penalty provisions; and repeals § 50‑15‑60 relating to cost of specified programs and alligator products permits.  Effective February 19, 2008.

American Indian Artists. Act 300 (R354, S1122) amends the Code of Laws of South Carolina, 1976, by adding § 50‑11‑515 so as to permit an American Indian artist who meets certain conditions to advertise and sell his arts and crafts containing wild turkey feathers if he produces from his person his authorization pursuant to the Indian Arts and Crafts Board Act and to prohibit the sale of all other parts of wild turkeys.  Effective June 11, 2008.

Antlered Deer. Act 175 (R183, S999) amends § 50‑11‑335,  Code of Laws of South Carolina, 1976, relating to the bag limit on antlered deer, so as to provide that in Game Zone 5 there is no daily or season limit on antlered deer. Effective February 4, 2008.

Arrests. Act 213 (R257, H4534) amends § 50‑3‑410, Code of Laws of South Carolina, 1976, relating to procedures for making arrests for natural resources violations and other specified offenses, so as to further provide for these procedures, the use of summons, and the receipt of monetary bonds. Effective May 13, 2008.

Boating Laws. Act 321 (R406, S987) amends § 50‑21‑80, Code of Laws of South Carolina, 1976, relating to enforcement of boating laws, so as to further provide for this enforcement and the authority of all law enforcement officers to enforce these provisions; amends § 50‑21‑130, relating to duties of a vessel operator involved in a collision, so as to further provide for these duties including when an accident report is required and stipulate the persons and entities who may obtain a copy of the report; amends § 50‑21‑175, relating to watercraft required to heave, so as to provide that the Magistrates Court retains jurisdiction over violations of this section; adds § 50‑21‑190 so as to provide that it is unlawful to abandon a watercraft or outboard motor on the public lands or waters of this State or on private property without permission of the property owner and to also provide penalties for violations; amends § 50‑21‑710, relating to aids to navigation and regulatory markers, so as to provide that all no wake zones heretofore established are considered established pursuant to the authority of this section; repeals §§ 50‑21‑132, 50‑21‑133, 50‑21‑135, 50‑21‑136, 50‑21‑137, 50‑21‑138, 50‑21‑139, 50‑21‑142, 50‑21‑143, 50‑21‑144, 50‑21‑145, 50‑21‑147, and 50‑21‑149 relating to no wake zones or other regulation of watercraft activities; and amends § 23‑28‑100, relating to uniforms and equipment of reserve police officers, so as to provide that, in the discretion of the Chief, a reserve officer may wear plain clothes or another uniform that is consistent with his duties. Effective December 16, 2008.

Department of Natural Resources. Act 344 (R388, H4764) amends § 49‑3‑50, Code of Laws of South Carolina, 1976, relating to matters to be considered by the Department of Natural Resources in regard to water resources planning and coordinating, so as to revise these considerations; amends § 50‑21‑10, relating to definitions in regard to equipment and operation of watercraft, so as to revise certain definitions; amends § 50‑21‑30, relating to the scope of certain provisions of law relating to the operation of vessels on the waters of this State, so as to change certain references and further provide for the scope of these provisions; adds § 50‑23‑10 so as to provide for the issuance, terms, and conditions of marine dealers' permits; adds § 50‑23‑11 so as to provide for the use of dealer demonstration numbers and conditions related to their use; amends § 50‑23‑20, relating to certificates of title required for watercraft and outboard motors, so as to require the owner of a watercraft or outboard motor to notify the Department within thirty days of its transfer; amends § 50‑23‑30, relating to exemptions from the titling requirements of watercraft and outboard motors, so as to further provide for watercraft and other devices which are not required to be titled; adds § 50‑23‑55 so as to provide for the issuance of certificates of title to a watercraft or outboard motor and provide for the manner of their use and issuance; amends § 50‑23‑60, relating to applications for a certificate of title for a watercraft or outboard motor, so as to further provide for the contents of the applications; amends § 50‑23‑70, relating to an application for a watercraft certificate of title, so as to authorize the Department to issue a duplicate and provide a fee for providing the certificate and a duplicate; amends § 50‑23‑90, relating to the contents of certificates of title, so as to further provide for these contents; amends § 50‑23‑110, relating to a manufacturer or importer's certificate of origin, so as to revise the term "certificate of origin" to "statement of origin" and further provide for when the statements of origin must be provided; amends § 50‑23‑120, relating to the assignment and warranty of title to watercraft or outboard motors, so as to revise the time within which a title or duplicate title must be applied for and to delete certain provisions relating to the rights and duties of a lienholder; amends § 50‑23‑130, relating to transfer of ownership of a watercraft on an outboard motor by operation of law, so as to revise a reference; amends § 50‑23‑140, relating to the priority and validity of liens and other encumbrances on watercraft, so as to provide for specific circumstances under which the Department must issue a title clear of a lien and to revise the time in which a security interest is perfected; amends § 50‑23‑180, relating to a report of stolen watercraft and outboard motors to the Department, so as to provide that law enforcement agencies shall notify the Department immediately of the recovery of any stolen watercraft or outboard motor and to provide for other procedural requirements of this section; amends § 50‑23‑190, relating to unlawful acts and other matters relating to the possession, operation, or transfer of a watercraft or an outboard motor, so as to provide for other prohibited acts; amends § 50‑23‑200, relating to unlawful acts in regard to watercraft and outboard motors, so as to revise a reference; adds § 50‑23‑201 so as to provide that it is unlawful for any person to attempt to obtain a certificate of title, certificate of number or decals by fraud or misrepresentation or obtain a certificate of title or certificate of number or decals by fraud or misrepresentation, and provide penalties for violation; amends § 50‑23‑205, relating to seizure of watercraft, so as to require certain notice to holders of a perfected security interest before the watercraft may be used or disposed of according to law; amends § 50‑23‑270, relating to when boat titling provisions apply, so as to further provide for this applicability and revise when certain penalty provisions apply; amends § 50‑23‑280, relating to penalties for violating certain watercraft provisions, so as to revise a specific penalty provision; amends § 50‑23‑290, relating to conditional titles, so as to further provide for the circumstances under which the Department may issue a title when a person comes into possession of a watercraft without proper proof of ownership; amends § 50‑23‑320, relating to exceptions to the requirement that vessels be numbered, so as to revise the circumstances when a vessel is not required to be numbered; amends § 50‑23‑345, relating to temporary certificates of boat number, so as to further provide for when the Department may issue temporary certificates; amends § 50‑23‑370, relating to terms and renewal of certificates of boat number issued by the Department, so as to further provide for their expiration and renewal and the circumstances when these certificates may be issued; adds § 50‑23‑375 so as to provide that it is unlawful to display a registration number or validation decal or an outboard motor title decal on any watercraft or outboard motor except on those for which it was issued; amends § 50‑23‑380, relating to transfer of registration upon change of ownership, so as to revise a reference; amends § 50‑23‑400, relating to notice of change of address of a holder of a certificate of boat number, so as to revise the time within which this notice must be provided; repeals § 50‑21‑35 relating to the use of dealer demonstration numbers for watercraft, § 50-21-60 relating to personnel, expenses and salaries of Department employees, §§ 50‑23‑15, 50‑23‑40, 50‑23‑50, 50‑23‑65, 50‑23‑100, and 50‑23‑160 all relating to certificates of title or marine dealer permits, and § 50‑23‑135 relating to notice of possession of an abandoned or junked watercraft. Effective December 11, 2008.

Fertility Control Agents. Act 238 (R279, H4952) amends the Code of Laws of South Carolina, 1976, by adding § 50‑11‑96 so as to prohibit the introduction of a fertility control agent or chemical substance into wildlife without a permit from the Department of Natural Resources, to provide exceptions, to provide the manner and circumstances under which the Department may issue a permit, and to provide penalties for violations.  Effective May 22, 2008.

Fishing Violations. Act 237 (R278, H4548) amends the Code of Laws of South Carolina, 1976, by adding § 50‑13‑5 so as to provide for definitions for purposes of Chapter 13 of Title 50, relating to the protection of fish; by adding § 50‑13‑221 so as to provide for catch limits, length limits, and other regulations pertaining to striped bass taken in the lower Santee River and Cooper River systems during specified periods; amends § 50‑9‑1120, relating to the point system for hunting and fishing violations, so as to add additional points for other fishing violations; amends § 50‑13‑285, relating to penalties for exceeding certain limits, so as to further provide for the manner in which these penalties apply; amends § 50‑13‑236, relating to creel and size limits on striped bass and black bass taken from Lake Murray or portions of the Saluda River, so as to permit not more than two striped bass to be taken and retained from Lake Murray which are less than the legal size limit during a specified period; provides that the Department of Natural Resources shall review the high mortality rates of fingerlings and make a report to the Chairmen of the Senate Fish, Game and Forestry Committee and the House Agriculture, Natural Resources and Environmental Affairs Committee on its recommendations and actions to improve these rates within eighteen months after the effective date of this Act; and repeals §§ 50‑13‑220, 50‑13‑230, and 50‑13‑235 relating to striped bass catch and taking requirements. Effective May 21, 2008.

Game Fish. Act 227 (R255, H4497) amends § 50‑1‑30, Code of Laws of South Carolina, 1976, relating to the classifications of birds, animals, and fish, so as to remove white perch from the list of game fish in this State.  Effective May 15, 2008.

Hunting Licenses for Small Game. Act 263 (R301, S873) amends the Code of Laws of South Carolina, 1976, by adding § 50‑9‑515 so as to provide that a member of the Armed Forces of the United States who is a resident of South Carolina stationed outside of this State, upon presentation of his official furlough or leave papers, shall be allowed to fish or hunt in this State without purchasing any type of State fishing or hunting license; amends § 50‑9‑510, relating to hunting and fishing licenses generally, so as to further provide for the manner in which and terms and conditions under which disability licenses are issued; and amends § 50‑9‑910, relating to the use of the revenue from certain fines, forfeitures, and licenses, so as to provide for the allocation of revenue of nonresident licenses sold through nontraditional means such as the internet, call centers, or mass mailings. Effective June 5, 2008.

Venison. Act 218 (R268, H5021) amends § 50‑11‑1920, Code of Laws of South Carolina, 1976, relating to the sale under certain conditions of exotic farm-raised venison and penalties for violating the provisions of this Section, so as to provide that the prohibitions of this section do not apply to the sale or purchase of already processed and packaged pet foods or pet treats containing imported exotic farm-raised venison, and to provide for certain registration and labeling requirements of this exception.  Effective May 13, 2008.

Waterfowl. Act 214 (R258, H4547) amends § 50‑9‑530, Code of Laws of South Carolina, 1976, relating to migratory waterfowl stamps, so as to provide for the cost of required migratory waterfowl permits, the manner in which they are sold, and for production and sale of commemorative stamps; amends § 50‑9‑535, relating to migratory game bird permits, fees, and integration with other hunting licenses, so as to provide that state residents who are at least sixty-four and who hold a lifetime hunting and fishing license are not required to have a migratory game bird permit; amends § 50‑11‑20, relating to the Migratory Waterfowl Committee, so as to further define the responsibilities and duties of the Migratory Waterfowl Committee and to delete per diem authorizations; and adds § 50‑11‑22 so as to make it unlawful to harm, disturb, or take actively nesting waterfowl or to disturb or damage a waterfowl nest box, and to provide penalties for violation.  Effective May 13, 2008.

White Amur and Carp Hybrids. Act 301 (R357, S1150) amends § 50‑13‑1630, Code of Laws of South Carolina, 1976, relating to unlawful importation, possession, or selling of certain fish and special permits for research, so as to provide that the Department of Natural Resources may issue special permits for the stocking of sterile white amur or grass carp hybrids in the waters of this State, provide that the special permits must certify that the permitee's white amur or grass carp hybrids have been tested and determined to be sterile, authorize the Department to charge fees for the white amur or grass carp hybrids provided based on size, and to provide that subject to certain conditions the Department may issue special permits for the importation, breeding, and possession of nonsterile white amur or grass carp hybrids. Effective June 11, 2008.

Wild Game. Act 286 (R343, S691) amends the Code of Laws of South Carolina, 1976, by adding § 50‑11‑300 so as to designate which species constitute big game; amends § 50‑11‑335, relating to bag limits on antlered deer, so as to provide bag limits for Game Zones 1 and 2; amends § 50‑11‑520, relating to wild turkey season, so as to provide the Department of Natural Resources may declare certain other open or closed seasons; amends § 50‑11‑565, relating to certain definitions, so as to change the definition of archery equipment; amends § 50‑11‑708, relating to use of artificial lights, so as to provide certain exemptions; amends § 50‑13‑385, relating to minimum size for largemouth bass in certain lakes, including Lake Wylie, so as to remove language specifying that the section only applies to portions of Lake Wylie located in York County; amends § 50‑21‑125, relating to restrictions on swimming near public boat landings, so as to delete requirements on signage requirements imposed on the Department; adds § 50‑11‑515 so as to provide certain American Indian artists may use wild turkey feathers in certain arts and crafts; amends § 50‑11‑310, relating to open season on antlered deer, so as to provide the Department may promulgate regulations on WMA lands to establish methods for hunting and taking deer, and define primitive weapons; amends § 50‑11‑335, relating to bag limits on antlered deer, so as to provide limits on Game Zones 1, 2, 3, 4, 5, and 6; and repeals § 50‑3‑360 relating to additional deputy enforcement officers for Game Zone 2, § 50‑11‑30 relating to extension of hunting season when season opens or closes on Sunday, § 50‑11‑170 relating to penalties for buying, selling, or displaying for sale carcasses or parts of wild rabbits in Game zones 2 and 4, § 50‑11‑550 relating to unlawfulness of discharging a weapon other than a shotgun during certain times of year in certain areas of the Catawba River and India Hook Dam, § 50‑13‑20 relating to lawful methods of catching fish in certain lakes and Boyd's Mill Pond in Game Zone 2, § 50‑13‑90 relating to closed season on trout, § 50‑13‑980 relating to the presumption from possession of fish in excess of legal limits, § 50‑13‑1010 relating to application of Article to certain bottom fishing, § 50‑13‑1020 relating to certain penalties for violations, § 50‑19‑2220 relating to fishing regulations for certain waters of the Savannah River, § 50‑19‑2230 relating to amendments and additions to fishing regulations, and § 50‑19‑3010 relating to lawful methods of catching fish in Fairforest Creek in Union and Spartanburg Counties. Effective June 11, 2008.

Wildlife Endowment Fund. Act 268 (R315, S1244) amends § 50‑3‑730, Code of Laws of South Carolina, 1976, relating to the source of assets of the Wildlife Endowment Fund, so as to provide that all lifetime privilege fees shall be part of the assets of the Fund; amends § 50‑9‑510, relating to hunting and fishing licenses authorized for sale, so as to provide that a lifetime statewide hunting license may be obtained from the Department at designated licensing locations rather than at the Department's Columbia headquarters; amends § 50‑9‑520, relating to lifetime combination licenses, so as to revise the type of licenses offered, the fees for these licenses, the locations at which they may be obtained, and the process for converting certain lifetime licenses into senior lifetime licenses; amends § 50‑9‑540, relating to fishing licenses, so as to clarify that certain licenses are for recreational freshwater fishing and to provide the procedure and fee for obtaining a lifetime saltwater recreational fisheries license; amends § 50‑13‑1130, relating to when commercial freshwater fishing licenses are required, so as to further provide for when these licenses are required; and amends § 50‑13‑1135, relating to when commercial or recreational freshwater fishing licenses are required when using certain devices, so as to further provide for the circumstances requiring each license. Effective June 4, 2008.

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General Assembly

Centers for Excellence Matching Endowment. Act 355 (R363, S1252) amends § 2‑75‑5, Code of Laws of South Carolina, 1976, relating to legislative findings concerning research centers of economic excellence, so as to revise references as to sources of funds for endowed professorships; amends § 2‑7‑10, relating to the Research Centers of Excellence Review Board, so as to add two members to the Board, provide for their appointment, provide that Board members receive no compensation and revise the Board's reporting duties; amends § 2‑75‑30, relating to the centers of excellence matching endowment, so as to provide endowment funding of thirty million dollars annually from the South Carolina Education Lottery Act, establish requirements for the funding of these appropriations, provide what funds, including interest earnings, constitute the total funds appropriated, and provide for the review process for the awarding of endowed chair proposals; amends § 2‑75‑50, relating to application requirements, so as to encourage eligible research universities to partner with other South Carolina colleges and universities to develop proposals to enhance this State's economic competitiveness and to enhance science and engineering; amends § 2‑75‑90, relating to meeting matching requirement with private or federal funds, so as to delete obsolete language; adds § 2‑75‑100 so as to allow senior research universities to utilize a portion of nonstate matching funds to pay for initial operating costs; adds § 2‑75‑110 so as to allow these universities to accept and apply cash equivalent and in-kind donations from nonstate sources; and amends Chapter 133 of Title 59, relating to Francis Marion University by designating existing provisions for Francis Marion University as Article 1, titled "General Provisions" and adding Article 3 so as to allow the Francis Marion Board of Trustees to issue revenue bonds for the construction of athletic facilities by resolution, provide the manner and terms by which the bonds are issued, and define certain terms. Effective June 25, 2008.

Code of Laws. Act 409 (R208, S1023), a joint resolution,  adopts revised Code Volumes 16A and 17 of the Code of Laws of South Carolina, 1976, to the extent of their contents, as the only general permanent statutory law of the State as of January 1, 2008. Effective March 31, 2008.

Public Hearings. Act 219 (R206, S990) amends  § 2‑19‑30, Code of Laws of South Carolina, 1976, relating to public hearings before the Judicial Merit Selection Commission, so as to require that written statements of proposed testimony of anyone wishing to testify before the Judicial Merit Selection Commission hearing be furnished by the person wishing to testify no less than two weeks instead of forty-eight hours prior to the date and time set for the hearing unless sufficient cause is shown by the submitting individual.  Effective May 15, 2008.

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Health

Abortion. Act 222 (R246, H3355) amends § 44‑41‑330, Code of Laws of South Carolina, 1976, relating to, among other things, prerequisites to performing an abortion, so as to provide that if an ultrasound is performed, an abortion must not be performed sooner than sixty minutes following the completion of the ultrasound, to require the woman to be informed that she has the right to view the ultrasound image, and to provide that the statement to be signed by the physician and woman must include that the woman has the right to view her ultrasound. Effective May 15, 2008.

Automated External Defibrillator. Act 206 (R237, S71)  amends § 44‑76‑40, Code of Laws of South Carolina, 1976, relating to immunity from civil liability for persons administering, using, acquiring, or prescribing an automated external defibrillator (AED), so as to provide immunity for persons providing training for cardiopulmonary resuscitation that includes training in the use of an AED under certain circumstances; amends § 44‑32‑50, relating to body piercing technician requirements, so as to allow other suitable certifications in place of the Red Cross first aid certification requirement; and amends § 44‑76‑30, relating to training and use of an AED, so as to allow other suitable methods of training by additional organizations. Effective May 14, 2008.

Behavioral Health Care Services Committee. Act 408 (R426, H4899), a joint resolution, creates a committee to examine the delivery of behavioral health care services in South Carolina and requires the Committee to report its findings and recommendations to the General Assembly no later than February 15, 2010. Effective June 16, 2008.

Blood Donors. Act 186 (R207, S1005) amends § 44‑43‑20, Code of Laws of South Carolina, 1976, relating to age restrictions for blood donors, so as to provide that a person at least sixteen years of age may donate blood with the consent of his parent or guardian and a person at least seventeen years of age may donate blood without the consent of his parent or guardian, and to provide a person under eighteen years of age may not sell his blood. Effective March 31, 2008.

Board of Diabetes Initiative. Act 256 (R323, H3957) amends § 44‑39‑20, Code of Laws of South Carolina, 1976, relating to the Board of the Diabetes Initiative of South Carolina, so as to delete the requirement that the President of the South Carolina affiliate of the American Diabetes Association be a member of the Board, to provide that the Vice President of the Southeastern Division of the American Diabetes Association be a member of the Board, and to delete the requirement that the Board's membership include an appointee from the Joint Legislative Committee on health care planning and oversight. Effective June 4, 2008.

Brownfields/Voluntary Cleanup Program. Act 342 (R376, H3880) amends Article 7, Chapter 56 of Title 44, Code of Laws of South Carolina, 1976, relating to the Brownfields/Voluntary Cleanup Program, so as, among other things, to revise the liability protection provided as an incentive to parties to conduct response actions when they are not responsible for environmental contamination of property, to further specify the scope of a covenant not to sue provided to parties who are responsible for environmental contamination of property, to provide that contamination of property includes impact by petroleum or a petroleum product, to specify that property on which a release of petroleum products occurred is property eligible for participation in the Voluntary Cleanup Program, to further provide that eligibility for a nonresponsible party to participate in the Program requires the party to undertake to expand, redevelop, or return to use the property, to further specify grounds for terminating a voluntary cleanup contract and a contract covenant not to sue, to further specify requirements that must be met before a nonresponsible party enters into a voluntary cleanup contract, to  require the Department of Health and Environmental Control to report to the General Assembly on the activities of this Program, and to conform provisions in this Article to the revisions made pursuant to this Act; and amends § 12-6-3550, relating to voluntary cleanup activity tax credits, so as to delete a reference to taxes due under corporate income tax. Effective June 11, 2008 and applies to party voluntary cleanup contracts entered into pursuant to Section 44-56-750 on or after this Act's effective date.

Emergency Medical Technician Certification. Act 304 (R381 H4334) amends § 44‑61‑80, Code of Laws of South Carolina, 1976, relating to requirements to be certified as an emergency medical technician, so as to also require an applicant to undergo a criminal records check for certification and for renewal of certification. Effective July 1, 2008.

Health Facility Licensure. Act 233 (R273, S1174) amends § 44‑7‑260, Code of Laws of South Carolina, 1976, relating to facilities exempt from health facility licensure, so as to exempt homeshare programs designated by the Department of Mental Health under certain conditions. Effective May 21, 2008.

Health Personnel Licensing. Act 341 (R375, H3852) amends § 44‑4‑130, Code of Laws of South Carolina, 1976, relating to the definition of terms used in the Department of Health and Environmental Control's emergency health powers, so as to revise the definition of "qualifying health condition" and "trial court"; amends § 44‑4‑320, relating to powers and duties regarding safe disposal of human remains, so as to specify that existing provisions in the state emergency operations plan govern the disposal of remains and if the plan is not sufficient, measures may be adopted relating to, among other things, death certificate and autopsy procedures; amends § 44‑4‑530, relating to isolation and quarantine of individuals or groups and penalties for noncompliance, so as to change a misdemeanor offense to a felony offense for failing to comply with the Department's isolation and quarantine rules and orders and to prohibit an employer from firing, demoting, or discriminating against an employee complying with an isolation or quarantine order; amends § 44‑4‑540, relating to isolation and quarantine procedures, so as to provide that the isolation and quarantining of individuals and groups under other provisions of law must be carried out pursuant to this section; and amends § 44‑4‑570, relating to additional emergency health powers and procedures regarding licensing of health personnel, so as to further specify the use of in-state and out-of-state volunteer health care providers, to provide that immunity from liability for volunteer health care providers in a state of public health emergency applies if the volunteer does not receive payment from the State for the appointed services and duties, and  to provide immunity to emergency assistant medical examiners or coroners. Effective June 11, 2008.

Multiple Sclerosis Health Care Access Study Committee. Act 398 (R190, S775), a joint resolution, establishes the Multiple Sclerosis Health Care Access Study Committee, to provide for its members, powers, and duties, and to direct the Committee to study the availability of health care services to multiple sclerosis patients in this State and report its findings and recommendations to the General Assembly by January 1, 2009, at which time the Study Committee must be abolished.  Effective February 20, 2008.

Physical Fitness Services. Act 298 (R351, S1059) amends § 44‑79‑40, Code of Laws of South Carolina, 1976, relating to prohibited contractual provisions in contracts for physical fitness services, so as to make technical language and reference changes; and amends § 44‑79‑60, relating to permissible contractual provisions in contracts for physical fitness services, so as to further provide for contractual provisions pertaining to renewal options and automatic renewal options including duration, enforceability, notice to customers, pricing, opt-in rights, and cancellation.  Effective June 12, 2008.

Trauma Advisory Council. Act 230 (R264, H4845) amends § 44‑61‑530, Code of Laws of South Carolina, 1976, relating to the Trauma Advisory Council, its members, powers, and duties, so as to add an orthopedic physician and a pediatric physician to the Council. Effective May 15, 2008.

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Highways, Bridges & Ferries

Department of Transportation. Act 236 (R277, H4450) amends the Code of Laws of South Carolina, 1976, by adding § 57‑23‑840 so as to provide that the Department of Transportation shall maintain and mow beyond thirty feet from the pavement roadside vegetation adjacent to Interstate Highway 77 in York County between mile marker 89 and the North Carolina state line and may allow persons who own land adjacent to this property to assist the Department in meeting the requirements of this section; and by adding § 57‑23‑850 so as to provide that the Department of Transportation maintain and mow roadside vegetation beyond thirty feet from the pavement within the city of Greenville along several interstate interchanges. Effective May 21, 2008.

Ferries. Act 250 (R305, S996) amends Chapter 15 of Title 57, Code of Laws of South Carolina, 1976, relating to the establishment and operation of ferries, so as to delete the provisions that allow a county to grant charters for ferries and all provisions relating to the chartering and operation of ferries by a county, to provide that the Department of Transportation may provide for the establishment, operation, maintenance, and supervision of certain public ferries, to provide that counties may provide for the establishment, operation, maintenance, and supervision of certain public ferries, to provide that the Department of Transportation and counties may enter into agreements with private entities to finance, acquire, construct, equip, maintain, or operate private ferries, to provide that private citizens, and public and private entities may assist a ferry operator in defraying the operational and maintenance expenses of a ferry, to provide that on July 1, 2009, the Department of Transportation is no longer required to operate its ferry in Georgetown County and may transfer its ferry vessel to the Department of Natural Resources. Effective June 4, 2008.   

Mobility Development Authority. Act 403 (R245, H3279) creates a Study Committee to examine certain mass transit and human services transportation programs throughout the State; to provide that it shall issue a report that contains the status of these programs, their level of usage, funding, and efficiency; to provide that the Committee shall study and make recommendations on ways to promote the increased use of existing multimodal transportation options and strategies to increase access, mobility, and safety for the State's citizens; and to provide for the Committee's membership, compensation, staffing, and dissolution.  Effective May 14, 2008.

Transportation Infrastructure Study Committee. Act 406 (R313, S1182), a joint resolution, establishes a Study Committee to study the feasibility and benefits of the construction, operation, and maintenance of roads, streets, highways, bridges, and tunnels through the utilization of public-private partnerships and ventures, and provides for the operations of the Study Committee. Effective June 4, 2008.  

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Housing & Development

Tax Increment Financing. Act 358 (R386, H4743) amends § 31‑6‑30, Code of Laws of South Carolina, 1976, relating to definitions in regard to the Tax Increment Financing Act for municipalities and amends § 31‑7‑30, relating to definitions in regard to the Tax Increment Financing Act for counties, so as to provide that the term "redevelopment project" also includes affordable housing projects where all or a part of new property tax revenues generated in the tax increment financing district are used to provide or support publicly-owned affordable housing in the district or is used to provide infrastructure projects to support privately-owned affordable housing in the district; adds § 6‑11‑175 so as to require a district to advertise and hold a public meeting prior to beginning a project to construct, expand, or materially alter a distribution system for the distribution water or a system for the collection of sewage; amends § 6‑11‑1220, relating to the definitions for provisions concerning additional powers of districts providing sewage collection and disposal, so as to add rural water district to the definition of district; adds § 6‑13‑15 so as to authorize a rural community water district to provide sewer service to the area within its boundaries and legal service area if the district has met certain requirements; and repeals Chapter 33, Title 6 of the 1976 Code relating to tax increment financing for counties. Effective June 25, 2008.

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Insurance

Health Care Financial Recovery and Protection Act. Act 356 (R374, H3674) amends the Code of Laws of South Carolina, 1976, by adding Article 2, Chapter 59 to Title 38 so as to enact the "South Carolina Health Care Financial Recovery and Protection Act;" so as to require an insurer, upon request, to provide the fee schedule that is contracted with the requesting physician and to provide that the fee schedule must be kept confidential, to provide that clean claims submitted by paper must be paid within forty business days of receipt or of the date all necessary information has been received and twenty business days for claims submitted electronically, to require insurers to maintain a system for tracking receipt and disposition of claims, to provide acknowledgement of claims received and notice of defect or errors in claims, and to establish timeframes for providing such information, to provide that claims that are not timely paid in accordance with this article accrue interest at the legal rate of interest, as provided for in law, to specify circumstances under which interest payments are not required, to establish procedures and timeframes for conducting overpayment recovery efforts; to provide that this article does not apply to claims processed under any national account delivery program, and to provide that the Department of Insurance shall enforce the provisions of this Article and to further specify sanctions the Department may impose for violations; and amends § 38‑71‑230, relating to written notice of health insurance claims policies and procedures and the adoption of standardized claim forms, so as to make technical corrections. Effective June 11, 2009.

Interstate Insurance Product Regulation Commission. Act 339 (R369, H3023) amends the Code of Laws of South Carolina, 1976, by adding Chapter 95 to Title 38 so as to enact the "Interstate Insurance Product Regulation Compact" to regulate certain designated insurance products and advertisement of those products uniformly among the states that are Compact members, and to authorize this State to join the Compact. Effective January 1, 2009, and expires June 1, 2014, unless extended by the General Assembly.

Insurance Policies. Act 265 (R311, S1104) amends the Code of Laws of South Carolina, 1976, by adding § 38‑71‑242 so as to provide that when used in individual or group specified disease insurance policies, and unless otherwise defined in the policy, the terms "actual charge", "actual charges", "actual fee", or "actual fees" means the amount the health care provider agreed to accept or is obligated by law to accept as payment for goods or services provided and to require that no insurer or issuer of any individual or group specified disease insurance policy pay any claim or benefit under the applicable policy in an amount in excess of the actual charge, actual charges, actual fee, or actual fees. Effective June 4, 2008.

Insurance Producers and Agencies. Act 326 (R407, S1131) amends §§ 38‑43‑20, 38‑43‑70, 38‑43‑75, 38‑43‑80, 38‑43‑100, 38‑43‑101, 38‑43‑102, 38‑43‑106, 38‑43‑107, 38‑43‑110, 38‑43‑130, Code of Laws of South Carolina, 1976, all relating to insurance producers and agencies, so as to clarify language that an employee of a licensed producer who performs only clerical duties may not sign an application for insurance, to provide that unless denied licensure a nonresident person shall receive a nonresident producer's license with the same lines of authority held in the producer's home state, to delete limited line credit insurance as a line of insurance which an insurance producer may receive qualification for a license, to provide that limited line insurance includes credit insurance, to provide for the definition of "biennial appointment fee," to provide for the payment of the fee if rejected by a bank, delete the administrative fee, and authorize payment of fees by a credit or debit card, to require all applicants for a producer's license take an examination and delete the waiver or exemption for certain applicants, to provide that a producer may not take the same continuing education course and casualty-licensed insurance producer course for continuing education credit more than one time in a biennial compliance period and provide for the nonwaiver of continuing education requirements, to provide that individual licenses continue on a biennial basis on the licensee's month of birth, and to redefine the elements of "deceive or dealt unjustly with the citizens of the state;" amends §§ 38‑45‑20, 38‑45‑30, and 38‑45‑90, all relating to brokers and surplus lines, so as to require a property and casualty-licensed insurance producer to pass the South Carolina broker licensing examination in order to be licensed as a broker and provide payment of the broker's premium tax; adds § 38‑73‑1097 so as to provide that the provisions of §§ 38‑73‑1095(c) and 38‑75‑755 do not apply under certain circumstances; and repeals § 38‑43‑105 relating to education requirements for local and general producers. Effective June 16, 2008.

Insurers Rehabilitation and Liquidation Act. Act 193 (R223, H4759) amends § 38‑27‑40, Code of Laws of South Carolina, 1976, relating to the persons covered under the provisions of the "Insurers Rehabilitation and Liquidation Act," so as to provide that Chapter 27, Title 38 does not apply to certain associations defined in § 38‑38‑730; amends § 38‑38‑430, relating to the governance of fraternal benefit societies by Chapter 38, Title 38, so as to provide that certain associations in which members are active or retired military officers or enlisted personnel are exempted from the provisions of Chapter 38; and amends § 38‑38‑730, relating to exemption from the regulation of certain associations and societies by the Department of Insurance, so as to add a certain association in which members are active or retired military officers or enlisted personnel. Effective April 2, 2008.

Long Term Care Insurance Policies. Act 274 (R309, S1082) amends the Code of Laws of South Carolina, 1976, by adding §§ 38‑72‑65, 38‑72‑67, and 38‑72‑69 to provide for rescinding and issuing long term care insurance policies, and to require the licensing and training of a producer of these policies; amends § 38‑72‑40, relating to definitions contained in the Long Term Care Insurance Act, so as to further define "long term care insurance", and to define the term "qualified long term care insurance contract" or "federally tax-qualified long term care insurance contract"; amends § 38‑72‑60, relating to the approval of regulations, terms, and conditions applicable to a long term care insurance policy and group policy, and advertising restrictions, so as to provide the elements of what these policies may include and the conditions that must be met, and additional items that must be furnished to a policyholder in a monthly report; amends § 38‑72‑70, relating to the adoption of regulations, so as to authorize the Director of Insurance to issue certain regulations to protect a policyholder if there is a substantial rate increase and establish minimum standards for producer education, marketing practices, penalties, and reporting practices for long term care; and amends § 38‑72‑80, relating to the application of this Chapter, so as to provide a severability provision. Effective June 4, 2008.

Small Employer Health Group Cooperative. Act 180 (R189, S588) amends the Code of Laws of South Carolina, 1976, by adding §§ 38‑71‑1345, 38‑71‑1355, 38‑71‑1365, and 38‑71‑1445 so as to provide requirements, powers, duties, and restrictions of a small employer health group cooperative, and to provide that the South Carolina Department of Insurance and Office of Research and Statistics of the State Budget and Control Board shall submit a report to the Office of the Governor and the General Assembly by January 1, 2010, on the effectiveness of the health group cooperative in expanding the availability of health insurance coverage for small employers; and amends §§ 38‑71‑1320, 38‑71‑1330, 38‑71‑1340, and 38‑71‑1350, relating to small employer health insurance availability, so as to provide that small employers may form a cooperative for the purpose of providing health insurance to their employees, redefine "eligible employee" and to provide for the definition of "health group cooperative", and to provide for the group size for a health group cooperative.  Effective February 19, 2008.

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Law Enforcement & Public Safety

Concealable Weapons Permits—Reciprocity. Act 202 (R235, H3528) amends § 23‑31‑215, Code of Laws of South Carolina, 1976, relating to the issuance of concealable weapon permits, so as to restrict the circumstances upon which the State Law Enforcement Division (SLED) may release its list of permit holders, to provide that a person who possesses a list of permit holders obtained from SLED must destroy the list, and to provide that during the first month of each year, SLED must publish a report that contains certain information regarding permits issued, renewed, denied, suspended, and revoked during the previous year. Effective April 16, 2008.

Concealable Weapons Permits. Act 349 (R411, H3212) amends § 23‑31‑215, Code of Laws of South Carolina, 1976, relating to the issuance of concealable weapons permits, so as to provide that valid out-of-state permits to carry concealable weapons by a resident of a reciprocal state must be honored if the reciprocal state requires a criminal background check and a firearm training and safety course and to delete the requirement that SLED determine which states meet this standard. Effective June 16, 2008.

Firearms. Act 220 (R239, S1039) amends § 23‑31‑510, Code of Laws of South Carolina, 1976, relating to the prohibition against regulation of certain matters, so as to provide that a local governing body may not enact regulations or ordinances that regulate a landowner from discharging a firearm on a parcel of land comprised of at least twenty-five contiguous acres to protect his family, employees, the general public, or the property from animals posing a direct threat or danger. Effective May 21, 2008.

Law Enforcement Officer. Act 269 (R321, H3326) amends the Code of Laws of South Carolina, 1976, by adding § 23‑23‑120 so as to provide a procedure whereby a governmental entity which has assumed the cost of training a law enforcement officer may be reimbursed for these costs by a governmental entity that subsequently hires the law enforcement officer. Effective June 4, 2008.

Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act. Act 331 (R333, H4900) amends the Code of Laws of South Carolina, 1976, by adding Chapter 51 to Title 23 so as to enact the "Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act", to provide definitions for terms contained in this Act, provide that cigarettes may not be sold or offered for sale in this State unless they have been tested in accordance with certain test methods, met certain performance standards, received certain certifications, have been properly marked, and to specify the testing methods and performance standards that must be met. Section 1 of this Act takes effect January 1, 2010. Section 2 of this Act takes effect June 5, 2008.

Sex Offenders. Act 333 (R410, H3094) amends the Code of Laws of South Carolina, 1976, by adding § 23‑3‑535 so as to provide definitions for certain terms, to provide that it is unlawful for a sex offender who has been convicted of certain crimes to reside in certain areas, to provide that if a local law enforcement agency determines that a sex offender has violated this provision, the agency must provide the sex offender with a list of areas in which he is not permitted to reside and that he must vacate his residence, to provide penalties for violations of this provision, to provide that a local government may not enact an ordinance whose penalties exceed or are less lenient than the penalties contained in this section, to require each school district to provide certain information regarding sex offenders or the Sex Offender Registry to the parents or guardians of its students or on the school district's web site, to provide that local law enforcement agencies must determine whether each school district complies with this provision, and to provide a penalty for school districts that fail to comply with this provision; and amends § 23‑3‑470, relating to a sex offender's failure to register as a sex offender, so as to revise the penalty for a first offense violation of this provision. Effective June 16, 2008 ninety days after the State Law Enforcement Division has certified that sex offender mapping software has been implemented.

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Libraries, Archives, Museums & Arts

Civil War Sesquicentennial Advisory Board. Act 247 (R297, S104) amends Chapter 11, Title 60, Code of Laws of South Carolina, 1976, relating to the Archives Act, by adding Article 3 to create the South Carolina Civil War Sesquicentennial Advisory Board, and by redesignating §§ 60‑11‑10 through 60‑11‑100, relating to the South Carolina Department of Archives and History, as Article One.  Effective June 5, 2008.

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Local Government

Abbeville County—Memorial Hospital. Act 369 (R365, S1322) amends Act 780 of 1928, relating to the Abbeville County Memorial Hospital, so as to change the name of the hospital to the "Abbeville Area Medical Center" and revise the manner of selection of members of the hospital's Board of Trustees. Effective June 11, 2008.   

Aiken County—Board of Education. Act 370 (R182, S826) amends Act 503 of 1982, so as to conform the petition filing deadline for School Board candidates for the Aiken County Board of Education with the uniform statewide filing deadline for petition candidates provided for in § 7‑13‑351; and to further conform the statement of candidacy filing deadline with the uniform statewide filing deadline set forth in § 7‑13‑352. Effective February 4, 2008.

Allendale County—Aeronautics and Development Commission Act 372 (R205, S771) creates the Allendale County Aeronautics and Development Commission and provides for the appointment of members, their terms, powers, duties, and responsibilities; and repeals Act 721 of 1962 relating to the creation of the Allendale County Development Board and Act 842 of 1973 relating to the Allendale County Aeronautics Commission. Effective July 1, 2008.

Allendale County—School District School Bond-Property Tax Relief Act. Act 371 (R192, S993) enacts the "Allendale County School District School Bond-Property Tax Relief Act" so as to authorize the implementation following referendum approval of a sales and use tax in Allendale County. The tax is not to exceed one percent and is to be used for debt service on general obligation bonds issued for school construction and renovation or for direct payments for school construction and renovations.  Effective February 20, 2008.

Anderson County—Voting Precincts. Act 217 (R267, H5015) amends § 7‑7‑80, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Anderson County, so as to revise certain voting precincts in Anderson County, to redesignate a map number for the map on which lines of these precincts are delineated and maintained by the Office of Research and Statistics of the State Budget and Control Board. Effective May 13, 2008.

Berkeley County—Voting Precincts. Act 198 (R228, S1047) amends § 7‑7‑120, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Berkeley County, so as to create new precincts, redesignate and rename certain precincts, and change the map designation on which the lines of those precincts are delineated. Effective April 15, 2008 and is effective for all elections conducted after the General Election of 2008.

Charleston County—Constituent School District Board of Trustees. Act 373 (R262, H4775) amends Act 340 of 1967, creating the Charleston County School District, so as to change the dates for filing of Constituent School District Board of Trustees to not later than twelve o'clock noon on August fifteenth or, if August fifteenth falls on Saturday or Sunday, not later than twelve o'clock noon of the following Monday of each election year; and consolidates the School Board to conform to provisions of State law. Effective May 13, 2008.

Chester County—Mowing. Act 183 (R198, S1092) amends the Code of Laws of South Carolina, 1976, by adding § 57‑23‑835 so as to provide that the Department of Transportation may mow roadside vegetation beyond thirty feet from the pavement on Interstate Highway 77 at Exit 65 in Chester County. Effective February 27, 2008.

Chesterfield County—Voting Precincts. Act 294 (R399, H5090) amends § 7‑7‑180, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Chesterfield County, so as to revise and name certain voting precincts of Chesterfield County, designate a map number on which lines of these precincts are delineated and maintained by the Office of Research and Statistics of the State Budget and Control Board, and to provide that polling places for these precincts must be established by the Chesterfield County Board of Elections and Registration subject to approval of a majority of the Chesterfield County Legislative Delegation. Effective January 1, 2009.

Clarendon County—Register of Deeds. Act 221 (R242, S1227) amends §§ 30‑5‑10 and 30‑5‑12, Code of Laws of South Carolina, 1976, relating to the Register of Deeds, so as to add Clarendon County to the list of counties which have both a Register of Deeds and a Clerk of Court and to provide that the governing body of Clarendon County shall appoint the Register of Deeds. Effective May 15, 2008.

Clarendon County—School Districts 1 and 2. Act 374 (R318, S1372) designates map document numbers for maps delineating the boundary between School Districts No. 1 and No. 2 in Clarendon County and provides that the maps delineating this boundary be filed and maintained in the Office of Research and Statistics of the State Budget and Control Board. Effective June 4, 2008. 

Clarendon County—Voting Precincts. Act 254 (R317, S1366) amends § 7‑7‑190, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Clarendon County, so as to redesignate a map number for the map on which lines of these precincts are delineated and maintained by the Office of Research and Statistics of the State Budget and Control Board, and correct certain references. Effective June 4, 2008.

Colleton County—Board of Trustees. Act 375 (R187, H4315) amends Act 190 of 1991, relating to the Board of Trustees of the School District of Colleton County, so as to change the time for filing the statement of candidacy to be elected to the Board of Trustees to not later than twelve o'clock noon on August fifteenth or, if August fifteenth falls on Saturday, Sunday or legal holiday, not later than twelve o'clock noon on the following business day and to correct incorrect references. Effective February 4, 2008.

Dillon County—Board of Education. Act 376 (R263, H4844) amends Act 137 of 2007, relating to acquisition agreements for school buildings and other school facilities, so as to provide that no acquisition agreement may be entered into until the Dillon County Board of Education projects that all sales tax revenue, bond revenue, and all other sources of available revenue are sufficient to pay amounts owed under the acquisition agreement. Effective May 22, 2008.

Dorchester County—Voting Precincts. Act 212 (R254, H4492) amends § 7‑7‑230, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Dorchester County, so as to revise and rename certain voting precincts in Dorchester County, redesignate a map number for the map on which lines of these precincts are delineated and maintained by the Office of Research and Statistics of the State Budget and Control Board, and correct certain references. Effective January 1, 2009.

Employment Security Commission. Act 368 (R390, H4773), a joint resolution, authorizes the South Carolina Employment Security Commission to expend up to eight million six hundred thousand dollars of the funds made available to the State under Section 903 of the Social Security Act, for the purpose of erecting and furnishing a building for use by the South Carolina Employment Security Commission in Spartanburg County, for furnishings and information technology upgrades for the Gaffney and Union Workforce Centers, expanding the Lancaster Workforce Center, improving the Seneca Workforce Center parking lot, assisting in the erection and furnishing a building for use by the Commission in Dorchester County, automating the Trade Readjustment Allowances Payment System, developing an Automated Disaster Unemployment Assistance Payment System, providing computer and information technology upgrades for employment and training and administrative divisions, and providing administrative funding for the Unemployment Compensation Program. Effective June 25, 2008.

Greenview Elementary School. Act 380 (R232, S1209), a joint resolution, provides that the school day missed on December 10, 2007, by the students of Greenview Elementary School when the school was closed due to a collapsed ceiling, is exempt from the make-up requirement of the defined minimum plan that full school days missed due to extreme weather or other disruptions be made up. Effective April 17, 2008.

Greenville Hospital. Act 379 (R196, H4514) amends Act 432 of 1947, relating to the Greenville Hospital System, its creation, Board, powers, and duties, so as to increase the Board from seven to twelve members, to revise the Districts from which the members must be appointed, to revise the nominating procedures, and to provide transitional procedures; and repeals Section 1 of Act 432 of 1947 relating to the legislative findings concerning the need for Greenville County to take over the hospital operated by the City of Greenville in order to serve all the residents of Greenville County and to provide for the assurances necessary to implement this plan.  Effective February 15, 2008.

Holly Springs Volunteer Fire District. Act 386 (R364, S1297) amends Act 890 of 1976, relating to the Holly Springs Volunteer Fire District in Spartanburg County, so as to change the name of the District to the "Holly Springs Fire-Rescue District." Effective June 11, 2008.

Kershaw County—Voting Precincts. Act 216 (R265, H4926) amends § 7‑7‑340, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Kershaw County, so as to redesignate a map number on which lines of these precincts are delineated and maintained by the Office of Research and Statistics of the State Budget and Control Board. Effective May 13, 2008.  

Lexington County—School District Property Tax Relief Act. Act 382 (R393, H4816) amends Act 378 of 2004, relating to the Lexington County School District Property Tax Relief Act, so as to revise the method by which the property tax credit allowed pursuant to this Act applies with respect to the nonschool-related property tax liability of an owner-occupied residence. Effective June 11, 2008 and applies for property tax years beginning after 2007.

Loris Community Hospital Commission. Act 383 (R366, S1367) amends Act 742 of 1946, relating to the Loris Community Hospital Commission, its members, powers, and duties, so as to provide that terms of all members expire on the first day of October of the year in which their terms expire. Effective June 11, 2008.

Lower Florence County Hospital District. Act 378 (R287, S1339) amends Act 1095 of 1962, relating to the Lower Florence County Hospital District, to provide that the District shall be comprised of that portion of Florence County that is south of the Lynches River. Effective May 28, 2008.   

Marion Court Library Commission. Act 384 (R286, S1161) amends Act 254 of 1981, relating to the Marion Court Library Commission and the Marion Court Library, to provide that funds remaining in the Marion Court Library Fund after purchasing books, legal periodicals, and other necessary library supplies may be used for the court system in Marion County. Effective May 29, 2008.   

Public Prayer and Invocation Act. Act 241 (R282, S638) amends the Code of Laws of South Carolina, 1976, by adding § 6‑1‑160 so as to enact the "South Carolina Public Invocation Act" to allow a governing body of a state or local government body to adopt, by ordinance, resolution, or policy statement, a policy that preserves the tradition of solemnizing public proceedings by allowing for an opening invocation using one of three methods and to define "public invocation" and "deliberative public body". Effective May 27, 2008.

Residential Improvement District Act. Act 350 (R422, H4745) amends the Code of Laws of South Carolina, 1976, by adding Chapter 35 to Title 6 so as to enact the "South Carolina Residential Improvement District Act," to provide that a county and municipality may create an improvement district comprised of noncontiguous parcels of land, to provide that a county and municipality may use assessments to fund improvements located outside the boundaries of an improvement district, to allow an assessment to be used for the construction and operation of improvements, and to fund construction and maintenance of infrastructure and improvements related to new development; and adds § 6‑21‑185 so as to provide for a special purpose district to give a mortgage to secure a bond or loan under specific circumstances. Effective June 16, 2008.

Richland-Lexington—Airport District and Commission. Act 306 (R384, H4448) amends § 55‑11‑330, Code of Laws of South Carolina, 1976, relating to the appointment of officers of the Richland-Lexington Airport Commission, so as to provide that the Chairmanship must be rotated among the three public member entities represented on the Commission and that the frequency of a member of each entity serving as Chairman must be based upon the percentage that each public body's membership on the Commission is to the total membership of the Commission. Effective June 11, 2008.

Special Purpose Districts. Act 325 (R424, H4754) amends the Code of Laws of South Carolina, 1976, by adding § 6‑11‑2027 so as to allow the governing body of a special purpose district created by act of the General Assembly, that provides recreational services and has as its boundary the same as the county in which it is located, to voluntarily dissolve itself and transfer its assets and liabilities to a county if accepted by resolution of its governing body, to require a public hearing to be conducted before taking a supermajority vote of its governing body, the governing body of the county, and the legislative delegation of the county, to require the governing body of the county to comply with the provisions of § 6‑11‑2140, to provide for calculating the millage limitation for a county when a special purpose district transfers its assets and liabilities to a county, and to provide that this section does not apply to a special purpose district that provides both recreational and aging services. Effective June 16, 2008.

Special Purpose Districts. Act 335 (R414, H3623), a comprehensive bill, amends  § 6‑11‑340, Code of Laws of South Carolina, 1976, relating to the protection of special purpose districts, so as to make a technical change; updates various statutes by referencing the “South Carolina Criminal Justice Academy;” and amends § 23‑3‑540, relating to the electronic monitoring of certain sex offenders by the Department of Probation, Parole and Pardon Services, so as to delete the provision that allows certain information gathered by a probation agent pursuant to his duties as a community control center to be admissible in a criminal prosecution. Effective June 16, 2008.

Sumter County—School District. Act 387 (R180, S639) provides that on July 1, 2011, Sumter County on July 1, 2011, shall consist of one school district to be known as the Sumter County Consolidated School District and abolish the existing two school districts in Sumter County, provides that the Consolidated School District be governed by a Board of Trustees elected in nonpartisan elections on specified dates and provides for the composition and manner of election of the Board, provides for a Superintendent for the District to be appointed by the Board and outlines the powers and duties of the Board and Superintendent, provides for the manner in which school budgets must be presented and the school tax millage be imposed and calculated, provides for the transfer of the assets and liabilities of the two present school districts to the Consolidated District with certain exceptions and provides the manner in which the constitutional debt limitation of the Consolidated School District for the issuance of general obligation bonds must be determined, and provides for a transition team, the manner of its appointment, and its duties and functions, and for other related matters regarding the consolidation of the two districts. Effective February 4, 2008.

Sumter County—School Districts. Act 388 (R231, S1229), a joint resolution, provides that until July 1, 2011, the Boards of Trustees of Sumter County School Districts 2 and 17 may not enter into contracts to construct buildings or otherwise improve real property at a cost of five hundred thousand dollars or more without the approval of the Sumter Consolidation Transition Committee. Effective April 11, 2008.

Surplus Operations and Maintenance Shop. Act 385 (R222, H4686), a joint resolution, provides for the transfer of a surplus operations and maintenance shop in Newberry to the County of Newberry. Effective April 9, 2008.

Uninsured Funds on Deposit. Act 231 (R271, S642) amends § 6‑5‑10 and § 6‑5‑15, Code of Laws of South Carolina, 1976, relating to authorized investments by political subdivisions and the collateral required to secure the uninsured funds on deposit of a local government entity, so as to define a financial institution in which these funds are deposited as a qualified public depository, to allow such a depository to secure these funds using the dedicated method or, under the direction and monitoring of the State Treasurer, the pooling method, to provide that the local government entity may require such a depository to use the dedicated method, and to provide for and define terms relating to the treatment of defeased obligations; and amends § 11‑13‑60 and § 11‑14‑110, relating to the collateral required to secure the uninsured funds on deposit of the State and the defeasance of outstanding obligations of the State and political subdivisions, so as to define a financial institution in which these funds are deposited as a qualified public depository, to allow such a depository to secure these funds using the dedicated method or, under the direction and monitoring of the State Treasurer, the pooling method, to provide that the State Treasurer may require such a depository to use the dedicated method, to provide that the State Treasurer may assess and retain a fee against funds invested by the State Treasurer to defray management costs, and to provide for those obligations which may constitute the trust fund for defeased obligations. Effective May 22, 2008.

Union County—School District. Act 389 (R194, H4399) amends Act 469 of 2002, relating to the Union County Board of School Trustees and the Union County School District, so as to revise the time period when candidates for election to the Board must file statements of candidacy so as to open at noon on August first and to end at noon on August fifteenth, Saturdays and Sundays excepted.  Effective February 19, 2008.

York County—Voting Precincts. Act 209 (R243, S1257) amends § 7‑7‑530, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in York County, so as to revise and rename certain voting precincts of York County, and to redesignate a map number for the map on which lines of these precincts are delineated and maintained by the Office of Research and Statistics of the State Budget and Control Board. Effective May 13, 2008.

York County—Voting Precincts. Act 327 (R408, S1376) amends § 7‑7‑530, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in York County, so as to revise and add certain voting precincts of York County, and to redesignate a map number for the map on which lines of these precincts are delineated and maintained by the Office of Research and Statistics of the State Budget and Control Board. Effective June 16, 2008.

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Magistrates & Constables

Jurisdiction of Magistrates. Act 346 (R403, S577) amends § 22‑3‑560, Code of Laws of South Carolina, 1976, relating to jurisdiction and procedure in magistrates courts in assault and battery and other breach of the peace offenses, so as to increase the magistrates courts' jurisdiction for all assault and battery offenses against sports officials and coaches to provide for a fine not exceeding one thousand dollars or imprisonment for a term not exceeding sixty days, or both; adds § 17‑15‑90 so as to create the offense of willful failure to appear and provide penalties based on the underlying charge; amends § 38‑53‑50, relating to surety relieved on bond and surrender of a defendant, so as to provide procedures when a bench warrant may be issued for arrest of a defendant and to provide that nonpayment of fees alone does not warrant immediate incarceration of the defendant; amends § 38‑53‑70, relating to the issuance of a bench warrant and the remission of judgment, so as to increase the period of time before the bond is forfeited for failure to appear from thirty to ninety days from the issuance of the bench warrant and to provide that the bench warrant must be available for pickup by the surety within seven days of issuance; and amends § 22‑5‑110, relating to magistrates' powers to cause the arrest of certain offenders, so as to require the issuance of a courtesy summons to persons charged with a misdemeanor offense requiring a warrant signed by non law enforcement personnel. Effective June 25, 2008.

Magistrates Court. Act 267 (R314, S1221) amends Article 3, Chapter 3, Title 22, Code of Laws of South Carolina, 1976, relating to civil procedure in Magistrates Court, so as to revise the Article substantially in order to delete provisions that have been provided by the South Carolina Rules of Magistrates Court and to rename the Article to conform with the revisions, among other things; amends § 5‑7‑12, relating to the designation of school resource officers, so as to provide a student arrested for a misdemeanor by a school resource officer must receive a bond hearing within twenty-four hours of his arrest and may receive a courtesy summons. Effective June 4, 2008.

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Military, Civil Defense & Veteran Affairs

Assistant Adjutant General for the Army. Act 252 (R310, S1095) amends § 25‑1‑380, Code of Laws of South Carolina, 1976, relating to an Assistant Adjutant General for the Army, so as to increase the number of Assistant Adjutant Generals to two. Effective June 4, 2008.

Emergency Management Division. Act 296 (R340, S218) amends Article 5, Chapter 9, Title 25, Code of Laws of South Carolina, 1976, relating to the Southern Regional Emergency Management Assistance Compact, so as to rename the Compact the "Emergency Management Assistance Compact" and to conform cross references; amends Article 4, Chapter 1, Title 25, relating to the South Carolina Emergency Management Division within the office of the Adjutant General, so as to provide that the Division is responsible for implementing an incident management system that provides for mitigation, preparedness, response to, and recovery from all man-made and natural hazards and to provide that when an emergency has been declared, the Governor, among other responsibilities, shall authorize a party to exceed the terms of curfew under certain circumstances and may authorize solid waste disposal facilities to extend operating hours; adds § 23‑3‑70 so as to require emergency, fire, and law enforcement agencies to adopt plain language communications; and amends § 38‑77‑123, relating to prohibited grounds for refusing to renew an automobile insurance policy, so as to also prohibit such refusal to renew due to use of a personal automobile for volunteer emergency services; and renames Article 4, Chapter 1, Title 25 as the "South Carolina Emergency Management Division." Effective June 11, 2008.

Veterans’ Cemetery. Act 258 (R331, H4713) amends § 25‑11‑80, Code of Laws of South Carolina, 1976, relating to State Veterans' Cemeteries and qualifications to receive a plot in a State Veterans' Cemetery, so as to reduce from twenty years to five years the time a veteran must have been a resident of this State in order to meet one of the qualifications, and to further provide for other qualification requirements of the section as to when the veteran was required to be a resident of this State.  Effective June 4, 2008.

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Mortgages & Other Liens

Mortgages or Other Liens. Act 328 (R409, H3033) amends the Code of Laws of South Carolina, 1976, by adding § 29‑3‑345 so as to provide for a document of rescission to correct an erroneous recording of a satisfaction of a mortgage or other lien affecting real property, to protect a priority creditor who records after the erroneous recording, to provide a civil cause of action for a person injured by a wrongful recording of a document of rescission, to establish a recording fee, and to provide a form for the document. Effective June 16, 2008.

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Motor Vehicles

Abandoned Vehicles. Act 308 (R394, H4847) amends § 56‑5‑5810, Code of Laws of South Carolina, 1976, relating to definitions of certain terms that relate to the disposition of certain abandoned or derelict vehicles on public or private property, so as to provide that these definitions also apply to these terms as they appear in Article 39, Chapter 5, Title 56, and to provide that the definition of the term "officer" includes code enforcement officers. Effective June 12, 2008.

Bicycle Road Provisions. Act 317 (R367, H3006) amends §§ 56‑5‑160 and 56‑19‑10, Code of Laws of South Carolina, 1976, both relating to the definition of the term "bicycle", so as to clarify the definition and to exclude childrens' tricycles; amends Article 27, Chapter 5, Title 56, relating to bicyclists and users of play vehicles, so as to define "bicycle lane" and to, among other things, provide that motor vehicles may not block bicycle lanes and must yield to bicyclists in such lanes, to provide that bicyclists may, but are not required to ride on the shoulder of a roadway, to delete the provision requiring a bicyclist to use a bike path when provided, rather than the roadway, requires a motorist to maintain a safe distance between the motor vehicle and a bicycle, and to create a misdemeanor offense for harassing, taunting, or maliciously throwing an object at a bicyclist, to delete provisions requiring bicycles to have a bell or other audible device, specifies the form and extent of arm signals that bicyclists must use, to provide a fine for failing to have a brake on a bicycle, and to further provide civil fines for violation of this Article, including fines when a person driving a motor vehicle causes an injury to a bicyclist. Effective June 11, 2008.

Department of Motor Vehicles—Humanitarian Relief. Act 189 (R220, H4560) amends the Code of Laws of South Carolina, 1976, by adding § 56‑1‑2025 so as to provide that the Department of Motor Vehicles may issue emergency waivers of the registration and licensing requirements of motor carriers that provide humanitarian relief during the time of an emergency. Effective March 31, 2008.

Department of Motor Vehicles—DUI. Act 201 (R234, H3496), comprehensive legislation which, among other things, enhances through a tiered system the penalties for driving under the influence (DUI) and driving with an unlawful alcohol concentration (DWUAC); increases the length of automatic license suspensions; and makes changes to law enforcement provisions. Effective 12:00 p.m. on February 10, 2009.

Department of Motor Vehicles. Act 279 (R326, H4363) amends § 1‑23‑660, Code of Laws of South Carolina, 1976, relating to the establishment of the Division of Motor Vehicle Hearings within the Administrative Law Court, so as to make technical changes, delete the provision that requires the Administrative Law Court to hire and supervise a law clerk to assist the judges who hear Department of Motor Vehicle Hearing appeals with the administration of those appeals, provide the procedure that the Department of Motor Vehicles must follow to appeal a decision when it elects to not appear at certain hearings, delete the provision that requires the Department of Motor Vehicles to provide facilities for certain administrative hearings, provide that the State Ethics Commission is responsible for the enforcement and administration of certain Appellate Court rules and for the issuance of certain advisory opinions, provide that certain persons may attend certain judicial-related or bar-related functions, and delete the provision that allows the Chief Administrative Law Judge to adjudicate cases under § 1‑23‑600; amends § 56‑1‑10, relating to the definition of terms relating to motor vehicles, so as to make technical changes; amends § 56‑1‑170, relating to the issuance of restricted driver's license, so as to delete the provision that provides that a holder of a restricted driver's license is entitled to a hearing upon a suspension or revocation of his license, and provide that a holder of the license may request a hearing before the Office of Motor Vehicle Hearings under certain circumstances; amends § 56‑1‑820, relating to a driver's license holder's request for a hearing after having received a notice of suspension, so as to make technical changes; amends § 56‑1‑1030, relating to the revocation of the license of an habitual offender, so as to make technical changes, and provide that the Office of Motor Vehicle Hearings has exclusive jurisdiction to conduct an habitual offender driver's license revocation hearing; amends § 56‑1‑1090, relating to the issuance of a driver's license to an habitual offender, so as to make technical changes, and to revise the circumstances upon which an habitual offender may be issued a driver's license or allowed to operate a motor vehicle; amends § 56‑5‑2952, relating to the filing fee to request an administrative hearing, so as to make technical changes; amends § 56‑9‑60, relating to self-insurer's for motor vehicles, so as to make technical changes relating to the cancellation of a self-insurer's status; amends § 56‑9‑363, relating to certain forms prescribed by the Department of Motor Vehicles, so as to make technical changes; amends § 56‑10‑510, relating to the registration of an uninsured motor vehicle, so as to make technical changes; amends § 56‑10‑530, relating to an uninsured vehicle involved in certain accidents, so as to make technical changes; amends § 56‑15‑350 and § 56‑16‑180, relating to the denial of, the issuance of, suspension, and revocation of a driver's license, so as to make technical changes; adds § 27‑21‑22 so as to provide that a sheriff, police chief, or a designee may sell at public auction certain recovered property; and amends § 27‑21‑20, relating to the disposition of property recovered by a sheriff or police chief, so as to revise the procedure whereby an owner of recovered property must be provided notice that his property has been recovered and that the property may be sold at auction. Effective October 1, 2008.

Drug Free Trucking Act. Act 232 (R272, S880) amends the Code of Laws of South Carolina, 1976, by adding Article 14 to Chapter 1, Title 56 so as to enact the "South Carolina Commercial Driver's License Drug Testing Act" which provides definitions for certain terms; requires certain employers to provide reports to the Department of Motor Vehicles that contain the names of certain employees and applicants for employment who refuse to provide a specimen for a drug or alcohol test, test positive for an illegal substance, or have submitted a fraudulent drug test specimen; requires certain medical review officers and breath alcohol technicians to report to their employers the results of certain drug tests, an employee's refusal to submit to a drug or alcohol test, and an employee's submission of a fraudulent drug test specimen; provides that certain reports that are generated pursuant to this Article are subject to inspection by the Department of Public Safety; provides that evidence included in a person's motor vehicle record that indicates that he tested positive on a drug or alcohol confirmation test, refused to submit to a drug or alcohol confirmation test, or submitted a diluted or adulterated specimen is not admissible in a judicial action unless probative to demonstrate that he was under the influence of drugs or alcohol at the time of an accident that is the subject of the action; provides a penalty for the failure to supply certain reports to the Department of Motor Vehicles and a penalty for an employer who employs a person in a safety sensitive function when the employer knows the employee is disqualified from driving a commercial motor vehicle; provides that these penalties do not apply to the State or its political subdivisions; provides that a person is immune from liability for the good faith performance of any duty imposed by this Article; and provides that fines collected pursuant to this Article must be credited to the Department of Public Safety's Transport Police Division; and additionally amends § 56‑1‑2110, relating to certain conduct that disqualifies a person from driving a commercial motor vehicle, which provides that a person is disqualified from driving a commercial motor vehicle if the Department of Motor Vehicles has received a report that shows the person has received a verified positive drug test, a positive alcohol confirmation test, or refused to take a drug or alcohol test, and provides for the period of disqualification for engaging in this conduct. Effective May 21, 2008. 

Ignition Interlock Device. Act 285 (R342, S472) amends § 56‑5‑2941, Code of Laws of South Carolina, 1976, relating to the installation of interlock devices on vehicles operated by a person who has been convicted of committing certain offenses that make it illegal to operate a vehicle while under the influence of alcohol or drugs, so as to increase the number of offenses that this provision covers, to make technical changes, provide the Department of Motor Vehicles shall enforce the provisions contained in this Section instead of the Court, provide penalties for a person who is a resident of this State that is subject to an ignition interlock device requirement in another state and penalties for a person from another state who becomes a resident of this State while subject to an ignition interlock device requirement in another state, provide that the Department of Motor Vehicles instead of the Department of Probation, Parole and Pardon Services must be notified of an individual's completion and compliance with certain education and treatment programs, delete the provision that requires the Department of Probation, Parole and Pardon Services to notify the Department of Motor Vehicles of any suspensions or reinstatements due to an individual's compliance with certain substance abuse programs, revise the procedure whereby an indigent offender may have the cost of the installation and use of an ignition interlock device paid for by the Interlock Device Fund, provide a definition for the term "indigent", to provide for the preparation of periodic interlock device inspection reports, to revise the reports' content, provide that an administrative hearing officer's decision on an appeal of interlock points received is final and may not be appealed, delete the provision that requires that a court order that imposes the requirements of this Section be transmitted to the Department of Motor Vehicles, to impose additional requirements upon a person who seeks to have an ignition interlock device removed from his vehicle and have this restriction on his driver's license removed, provide that the installation of an ignition interlock device may be installed on a vehicle driven by certain offenders who are self-employed or employed by certain businesses owned in whole or in part by the offender or a member of the offender's household or immediate family; amends § 56‑1‑400, relating to the surrender of, renewal of, and return of a driver's license by the Department of Motor Vehicles and the placement of an ignition interlock device restriction on a driver's license, so as to make technical changes, and provide circumstances upon which certain persons who are subject to having ignition interlock devices installed on their vehicles may obtain a driver's license without having to show that the device has been installed; and amends § 56‑5‑4440, relating to the operation of a vehicle equipped with a television viewer, screen, or another means of visually receiving a television broadcast, so as to provide definitions for certain terms, make technical changes, and provide the circumstances in which an image display device intended to be visible to a driver while a vehicle is in motion may be installed in a vehicle.  Sections 1 and 2 of this Act take effect January 1, 2009. Sections 3 and 4 of this Act take effect June 11, 2008.

License Plates—Elected Officials. Act 177 (R184, H3131) amends Article 22, Chapter 3, Title 56, relating to the issuance of special motor vehicle license plates to certain current and retired elected officials, so as to provide for the issuance of special license plates to former members of the South Carolina Delegation of the United States Congress, and retired judicial officers elected by the General Assembly or confirmed by the United States Senate respectively, and to make technical changes. Effective February 7, 2008.

License Plates. Act 365 (R224, H4830), a joint resolution, provides that notwithstanding the annual fee prescribed for the standard license plate issued to an automobile manufacturer for vehicles used in a benefit program for the manufacturer’s employees or for testing, distribution, evaluation, and promotion, the registration fee for applications filed in 2009 and 2010 is seven hundred twenty-six dollars. In accounting for the revenue of this fee for applications filed in 2009 and 2010, twenty dollars is credited to the general fund of the State and the balance to local governments. Effective January 1, 2009.

Moped Driver’s License. Act 336 (R420, H4511) amends the Code of Laws of South Carolina, 1976, by adding § 56‑1‑187 so as to enact "Tyler's Law", to provide a civil penalty for a parent or guardian who knowingly and willfully permits his dependent to operate a motor vehicle without a learner's permit or in violation of permit restrictions, provide related enforcement procedures, exemptions, and limits on admissibility of a fine imposed under this section for certain other purposes; and repeals § 56‑1‑1750, relating to a photograph of an applicant for a moped driver's license. Effective June 16, 2008.

Motorcycles or Mopeds. Act 240 (R281, S111) amends § 56‑5‑970, Code of Laws of South Carolina, 1976, relating to traffic-control signals, to provide the circumstances in which a driver of a motorcycle or moped, or a bicycle rider may proceed through a highway intersection controlled by a traffic-control device that is displaying a steady red light.  Effective May 27, 2008.

Motorcycle License Plates. Act 347 (R404, S605) amend § 56‑3‑1240, Code of Laws of South Carolina, 1976, relating to the display of a motor vehicle license plate, so as to provide that if a motorcycle is equipped with vertically mounted license plate brackets, its license plate must be mounted vertically with its top fastened along its right vertical edge. Effective June 16, 2008.  

Motor Vehicle Load. Act 234 (R275, H3853) amends § 56‑5‑4630, Code of Laws of South Carolina, 1976, relating to the placement of a red light, lantern, or flag upon a load that extends four feet or more beyond the bed or body of a vehicle, so as to revise the circumstances upon which the red light, lantern, or flag must be placed upon the load, and to provide that under certain circumstances an amber strobe light must be affixed to the load; amends § 56‑5‑4160, relating to the operation of certain vehicles, and vehicle combinations with lawful gross weights and loads, so as to provide that the maximum gross vehicle weight and axle weight limit for certain vehicles equipped with an idle reduction system may be increased by an amount that does not exceed four hundred pounds; amends § 56‑5‑4140, relating to the gross weight of certain vehicles, so as to establish enforcement tolerances for vehicles transporting certain forest products and sod; amends § 56‑5‑4060, relating to the maximum height of certain vehicles, and the passage of vehicles under an overhead obstruction, so as to revise the types of vehicles that may not exceed the existing maximum height, to establish a new height restriction for certain vehicles, to provide a procedure to obtain an exemption from compliance with a particular height restriction, and to delete the provision that provides that an automobile transporter is responsible for certain personal injuries and property damage resulting from operating a unit in excess of a certain height; adds Chapter 35 to Title 56 so as to establish idling restrictions for commercial diesel vehicles, to provide penalties for vehicles that violate the provisions of this Chapter, to provide that the State Transport Police Division of the Department of Public Safety shall enforce the provisions contained in this Chapter, to provide that fines collected pursuant to this Chapter must be placed in the Diesel Idling Reduction Fund administered by the State Treasury and used to develop and operate an idling awareness program, and to provide that the Department of Health and Environmental Control shall promulgate regulations to administer and enforce the provisions of this Chapter; and  amends § 56‑5‑4160, relating to the operation of certain vehicles and vehicle combinations with lawful gross weights and loads, so as to provide that the uniform citation used by the State Transport Police Division also must be used for idling violations, and to revise certain language contained on the citation. Effective May 22, 2008.

Motor Vehicle or Mobile Home. Act 290 (R371, H3323) amends § 56‑19‑265, Code of Laws of South Carolina, 1976, relating to the Department of Motor Vehicles' acceptance of electronically filed lien information for newly acquired vehicles, vehicles already titled, and lien releases, and the collection of a transaction fee for the transmission or retrieval of data from the Department pursuant to this section, so as to provide that if there are one or more liens or encumbrances on a motor vehicle or mobile home, the Department shall transmit electronically or by paper certificate the lien to the first lienholder and notify the first lienholder of any additional liens, and lien satisfactions, to provide when electronic transmission of liens and lien satisfactions is used, a certificate of title may be issued when the last lien is satisfied and a clear certificate is issued, to provide that when a motor vehicle or mobile home is subject to an electronic lien, its certificate of title is physically held by the lienholder, to provide that a certified copy of an electronic record of a lien is admissible in court as evidence of the existence of a lien, to provide that the lienholder has the option to receive a paper certificate of title and to receive notices of subsequent liens and satisfaction of liens by the United States Postal Service, and to provide that a transaction fee may be collected by commercial parties and lenders who transmit or retrieve data pursuant to this section. Effective June 11, 2008.

Special License Plates. Act 253 (R316, S1329) amends Chapter 3, Title 56, Code of Laws of South Carolina, 1976, relating to motor vehicle registration and licensing by adding Article 101 so as to provide for the issuance of "I Believe" special license plates and provide the circumstances under which these license plates may be issued. Effective June 5, 2008.

Special License Plates—Veterans. Act 297 (R350, S1050) amends the Code of Laws of South Carolina, 1976, by adding Articles 101, 102, 103, 104, 105, 106, and 107 to Chapter 3, Title 56 so as to provide, respectively, that the Department of Motor Vehicles may issue Operation Desert Storm-Desert Shield Veteran special license plates, Operation Enduring Freedom Veteran special license plates, Operation Iraqi Freedom Veteran special license plates, veteran license plates, "I Believe" special license plates, Silver Star special license plates, and Bronze Star special license plates; amends § 56‑3‑8000, relating to general provisions for the Department of Motor Vehicles to issue special license plates, so as to make a technical correction; and amends § 56‑3‑3310, relating to the issuance of Purple Heart special license plates, by the Department of Motor Vehicles, so as to provide that there is no fee for the license plate. Effective June 12, 2008.

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Probate

Attorney-Client Relationship. Act 211 (R250, H3605) amends the Code of Laws of South Carolina, 1976, by adding § 62‑1‑110 so as to clarify that if an attorney-client relationship exists between a lawyer and a fiduciary, communications between the lawyer and the fiduciary are privileged unless waived by the fiduciary. Effective May 13, 2008.

Elective Share. Act 173 (R178, S94) amends § 62‑2‑204, Code of Laws of South Carolina, 1976, relating to a surviving spouse's rights to an elective share, homestead allowance, and exempt property, so as to provide for the voluntary waiver of those rights upon fair, reasonable, and written disclosure by the other spouse. Effective February 4, 2008 and applies to all waivers executed after that date.

Guardianship, Conservatorship or Other Protective Order. Act 303 (R380, H4312) amends the Code of Laws of South Carolina, 1976, by adding § 62‑5‑106 so as to provide that a guardianship, conservatorship, or other protective order established by reason of incapacity, and not merely minority, does not terminate automatically upon the attainment of the age of majority by the incapacitated person and to define "incapacitated person" for that purpose; and amends § 62‑5‑504, relating to the Health Care Power of Attorney, so as to provide for visitation rights of the health care agent and to make nonsubstantive format changes. Effective June 11, 2008.

Probate Court. Act 257 (R324, H4065) amends § 62‑1‑302, Code of Laws of South Carolina, 1976, relating to jurisdiction of the Probate Court, so as to add the word "general" before "personal representatives" in connection with formal proceedings for their appointment. Effective June 4, 2008.

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Professions & Occupations

Accountants. Act 351 (R425, H4867) amends § 40-2-20, Code of Laws of South Carolina, 1976, relating to the definition of terms used in the licensure and regulation of accountants, so as to revise the definition of "attest" and "substantial equivalency" and to define "home office" and "principal place of business;" amends § 40‑2‑30, relating to the requirement to be licensed to engage in the practice of accountancy, to render certain accounting services, and to use certain accountancy titles, so as to provide that out-of-state licensees who qualify for a practice privilege and out-of-state firms that meet certain requirements may also render specified accounting services and use certain titles without being licensed or registered in this State; amends § 40‑2‑35, relating to requirements for licensure to practice as a certified public accountant, so as to require one year, rather than two years, of accounting experience; amends § 40‑2‑40, relating to registration requirements for accounting firms, so as to provide the conditions under which an out-of-state firm may render certain accounting services without being registered; and additionally amends § 40‑2‑245, relating to requirements for an out-of-state licensee to obtain accountancy practice privileges in this State, so as to revise and further specify these requirements. Effective June 16, 2008.

Architects. Act 307 (R391, H4783) amends § 40‑3‑20, Code of Laws of South Carolina, 1976, relating to the definition of terms in the licensure and regulation of architects, so as to define "intern architect;" amends § 40‑3‑240, relating to licensure requirements, so as to provide that application fees are nonrefundable and that an applicant must be enrolled and participating in the intern development program; amends § 40‑3‑250, relating to license renewal and continuing education requirements, so as to further clarify required continuing education topics and to require registrants to comply with audit deadlines and requirements; and amends § 40‑3‑280, relating to architects and architectural firms having a seal, so as to authorize the use of an electronic seal and signature. Effective June 11, 2008.

Contactors Licensing Act. Act 185 (R204, S668) amends § 40‑11‑360, Code of Laws of South Carolina, 1976, relating to exemptions from the application of Chapter 11, Title 40, Contractors Licensing Act, so as to exempt a project if it is a farm building or portable storage building of less than five thousand square feet of floor space used only for livestock or storage, and to change the language on the posters required to be displayed to reflect the changes in this same section.  Effective March 31, 2008.

Cosmetology. Act 224 (R251, H3803) amends § 40‑13‑360, Code of Laws of South Carolina, 1976, relating to exemptions from the profession of cosmetology, so as to provide that an unlicensed person employed in a cosmetology salon exclusively to shampoo hair under the direct supervision of a cosmetologist is excluded from the requirements for a cosmetologist. Effective May 14, 2008.

Dental Instructor Licenses. Act 207 (R238, S882)  amends § 40‑15‑175, Code of Laws of South Carolina, 1976, relating to issuance of dental instructor licenses, so as to provide that such licenses are restricted licenses, to specify in what educational programs such a licensee may teach, to provide for immediate termination of such a license if the licensee ceases to be a faculty member at one of the specified programs, and to provide that the Board of Dentistry may revoke such a restricted license for violations of the Chapter or regulations promulgated under the Chapter. Effective May 13, 2008.

Dental Technological Work. Act 295 (R289, H3906) amends the Code of Laws of South Carolina, 1976, by adding § 40‑15‑125 so as to require a dental laboratory that performs dental technological work outside of this State to employ a person who is registered by the State Board of Dentistry to authorize such work based on the prescription of a dentist licensed in this State, to require the laboratory to provide information concerning the location in which the work was performed, and to require the laboratory to provide a list of the materials used in the work; and amends § 40‑15‑280, relating to work authorizations for dental technological work, so as to require the invoice for a prescription to include the certificate number of the person employed by the laboratory which is to perform the work. Effective June 4, 2008 and applies to dental technicians and prescriptions for dental technological work issued by a dentist licensed in this State beginning six months after this Act's effective date.

Environmental Certification Board. Act 223 (R249, H3543) amends § 40‑23‑230, Code of Laws of South Carolina, 1976, relating to the issuance, renewal, and reinstatement of a license issued by the Environmental Certification Board, among other things, so as to change the period in which a licensee may file an application to reinstate a lapsed license from ninety days to three hundred sixty-five days, and to require that an applicant seeking reinstatement of a lapsed license meet certain continuing education requirements. Effective May 22, 2008.

Firefighters. Act 309 (R397, H5009) amends § 40‑80‑20, Code of Laws of South Carolina, 1976, relating to a criminal records check for a firefighter, so as to provide no person may volunteer as a firefighter, be employed as a firefighter, or perform firefighting duties if he has been convicted of, pled guilty to, or pled nolo contendere to arson. Effective June 11, 2008.

Manufactured Housing. Act 272 (R332, H4746) amends § 40‑29‑10, Code of Laws of South Carolina, 1976, relating to the South Carolina Manufactured Housing Board, so as to provide that one member of the Board must be a representative of the manufactured housing industry from a list of candidates submitted to the Governor by the Manufactured Housing Institute of South Carolina; amends § 40‑29‑20, relating to the definition of terms used in the licensure and regulation of the manufactured housing industry, so as to define “manufactured home apprentice retail salesperson” and to make technical corrections; and amends § 40‑29‑200, relating to manufactured housing licensure requirements, so as to provide requirements for an apprentice salesperson license. Effective June 4, 2008.

Nursing. Act 345 (R398, H5012) amends the Code of Laws of South Carolina, 1976, by adding § 40‑33‑25 so as to provide that the Department of Labor, Licensing and Regulation may require state and national criminal records checks of an applicant for licensure to practice nursing, provide that the Department may require such criminal records checks in connection with an investigation or disciplinary proceeding of a licensee, and provide that writing a dishonored check is not evidence of moral turpitude for purposes of disciplinary action or disqualification for licensure if prosecution of the offense was dismissed due to proof of payment of restitution; and adds § 40‑33‑39 so as to require a licensed nurse to wear an identification badge bearing the nurse's first or last name, or both, and title. Effective June 25, 2008.

Nursing Licensure Requirements. Act 194 (R216, H3631) amends § 40‑33‑32, Code of Laws of South Carolina, 1976, relating to nursing licensure requirements, so as to revise the type of document that must be submitted for proof of identity and age; amends § 40‑33‑34, relating to the scope of practice authorized for various levels of nursing and requirements for certain specified acts of nursing, so as to clarify information that must be provided by nurses with prescriptive authority when writing prescriptions; amends § 40‑33‑35, relating to licensure by endorsement requirements for out-of-state nurses, so as to revise the type of document that must be submitted for proof of identity and age and to clarify that certain requirements apply to licensure to practice as an advanced practice registered nurse; amends § 40‑33‑36, relating to the issuance of nursing licenses, including requirements for temporary and limited licenses, so as to also apply these requirements to temporary and limited licenses of advanced practice registered nurses; and amends § 40‑33‑40, relating to requirements for demonstrating competency for initial and renewal licensure, so as to clarify certain requirements and to apply certain of these requirements to individuals seeking reinstatement of a lapsed or inactive status and to licensure of a person who is authorized to practice out-of-state. Effective April 3, 2008.

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Property & Conveyances

Uniform Unclaimed Property Act. Act 197 (R227, S741) amends § 27‑18‑110, Code of Laws of South Carolina, 1976, relating to stocks and other intangible ownership interests in a business association evidenced by records available to the association, so as to reduce the dormancy period for stock or other equity interests in the association from seven to three years, and to change the criteria for calculating whether a stock or security interest is unclaimed; amends § 27‑18‑250, relating to the procedure for processing claims to property paid or delivered to the State Treasurer and the method for recovery of interest on property, so as to correct an archaic reference; and amends § 27‑18‑350, relating to interest and penalties for violation of Chapter 18, Title 27, so as to revise the civil penalty for a person who fails to file a report or perform other duties pursuant to this Chapter. Effective April 15, 2008.

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Public Buildings & Property

Religious References. Act 340 (R370, H3159) amends the Code of Laws of South Carolina, 1976, by adding § 10‑1‑168 so as to authorize the posting of the Foundations of American Law and Government display in a public location in public buildings of the State and its political subdivisions, delineate the content of the display, provide a brief history of the documents included in the display, and create an Advisory Committee to make recommendations regarding the display to the General Assembly and Department of Archives and History. Effective June 11, 2008.

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Public Finance

Educational Broadband Service Spectrum. Act 208 (R241, S1077) amends § 11‑35‑40, Code of Laws of South Carolina, 1976, relating to the application of the Procurement Code, so as to exempt licenses granted by the Federal Communication Commission to Greenville Technical College and Trident Technical College that authorize the use of the Educational Broadband Service Spectrum from the Procurement Code, and to provide that lease agreements between the respective colleges and third parties may not include pricing requirements and must result in the receipt of the market rate for the spectrum capacity. Effective May 13, 2008.

Procurement Code. Act 174 (R179, S282), comprehensive legislation, amends the Code of Laws of South Carolina, 1976, relating to infrastructure facilities and services, so as to revise South Carolina’s Procurement Code to conform with recent modifications to the ABA Model Procurement Code for State and Local Governments.  Effective February 4, 2008 and applies to solicitations issued on or after January 1, 2008.

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Public Officers & Employees

Deferred Compensation Commission. Act 305 (R383, H4340) amends § 8‑23‑20, Code of Laws of South Carolina, 1976, relating to the membership, powers, and duties of the Deferred Compensation Commission, so as to add the Chief Investment Officer of the Retirement System Investment Commission as an ex officio member of the Deferred Compensation Commission; and amends § 8‑23‑30, relating to the authority of the State and political subdivisions of the State to defer the compensation of an employee participating in a deferred compensation program, so as to delete an obsolete limit on such deferrals. Effective June 11, 2008.

Ethics. Act 245 (R285, S1085) amends the Code of Laws of South Carolina, 1976, by adding § 8‑13‑1331 so as to provide a corporation or committee of a corporation may solicit contributions from its shareholders and executive or administrative personnel and family members of personnel of the corporation or its subsidiaries, branches, and divisions, among other things; amends § 8‑13‑100 relating to certain definitions related to ethics and government accountability, so as to provide the appropriate supervisory office for the filing of certain ethics and accountability reports by Senate staff members is the Senate Ethics Committee and the appropriate supervisory office for the filing of certain ethics and accountability reports by House of Representatives staff members is the House of Representatives Ethics Committee; amends § 8‑13‑320, relating to duties and powers of the State Ethics Commission, so as to provide exempt Senate and House of Representatives staff members from certain investigatory powers of the State Ethics Commission; amends § 8‑13‑1300, relating to certain definitions related to campaign practices, so as to provide the appropriate supervisory office for the filing of certain ethics and accountability reports by Senate staff members is the Senate Ethics Committee and the appropriate supervisory office for the filing of certain ethics and accountability reports by House of Representatives staff members is the House of Representatives Ethics Committee; amends § 8‑13‑530, relating to additional powers and duties of the State Ethics Commission, so as to include legislative staff; amends § 8‑13‑1306, relating to the requirements of a statement of organization of a committee or ballot measure committee, so as to provide these statements must include the name and address of specific affiliated committees; and amends § 8‑13‑1308, relating to the filing of certified campaign reports by candidates and committees, so as to provide a committee of a corporation that solicits contributions pursuant to § 8‑13‑1331 must certify compliance with that section on a form provided by the State Ethics Commission. Effective May 29, 2008.

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Public Records

Uniform Real Property Recording Act. Act 210 (R248, H3451) amends the Code of Laws of South Carolina, 1976, by adding Chapter 6 to Title 30 so as to enact the "Uniform Real Property Recording Act," providing for the authority of the Register of Mesne Conveyances in a county to receive and record documents and information in electronic form, setting forth certain requirements in acceptance of electronic documents by a register, establishing the Electronic Recording Committee and charging it and the Office of the Secretary of State with the responsibility of implementing the Act and adopting standards for the receipt, recording, and retrieval of electronic documents, and providing definitions. Effective May 13, 2008.

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Public Utilities, Services & Carriers

Energy Office. Act 404 (R247, H3395), a joint resolution, provides that the South Carolina Energy Office and the Office of Regulatory Staff shall provide a report to the General Assembly not later than January 1, 2009, that recommends process and procedures for establishing net metering programs at all distribution electric utilities in South Carolina. Effective May 13, 2008.   

Fire Sprinkler Systems. Act 357 (R385, H4470) amends the Code of Laws of South Carolina, 1976, by adding § 58‑5‑390 so as to provide that a public or private utility may not impose a tap fee, recurring maintenance fee, or other fee, however described for the installation and maintenance of a fire sprinkler system that exceeds the actual costs associated with the water line to the system and to define actual costs; by adding § 12‑6‑3622 so as to allow a property tax credit, at the option of the property-taxing entity for twenty-five percent of the costs of installing a fire sprinkler system in a commercial or residential structure when such installation is not required by law, allow an income tax credit in the amount of the property tax credit, provide the manner in which these credits are used when earned by pass-through entities, and make unused credits transferable by the structure's owner to a tenant; amends § 12‑37‑3130, relating to definitions for purposes of the South Carolina Real Property Valuation Reform Act, so as to provide that the installation of a fire sprinkler system in a commercial or residential structure when the installation is not required by law is not an addition or improvement; adds § 10‑1‑80 so as to prohibit enforcement of that portion of the international fire code or nationally recognized fire code that prohibits the use of natural cut trees in celebrations in houses of worship; and amends § 12‑37‑220, relating to property tax exemptions, so as to exempt the value of fire sprinkler system equipment installed in a commercial or residential structure when the installation is not required by law and to provide that this exemption applies until the property undergoes an assessable transfer of interest. Except as otherwise provided, effective June 25, 2008.

Joint Municipal Electric Power and Energy Act. Act 329 (R412, H3309) amends Code of Laws of South Carolina, 1976, by adding § 58‑27‑415 so as to prohibit the payment, imposition, or collection of a franchise fee with respect to electrical power provided to the state by a utility under the "stateline accounts" and to require a utility to exclude sales revenue accrued from "stateline accounts" when calculating a franchise fee owed to a municipality. Section 58-27-415(A) takes effect upon approval by the June 16, 2008. Section 58-27-415(B) takes effect January 1, 2009.

Natural Gas Exploration. Act 400 (R195, H4447) amends Act 170 of 2007, relating to the creation of a Study Committee to examine the feasibility of natural gas exploration in the Atlantic Ocean off the coast of South Carolina, so as to extend the date by which the Committee is required to make its report to the General Assembly from February 1, 2008, to November 1, 2008.  Effective February 20, 2008.

South Carolina Educational Broadband Service Commission. Act 405 (R291, H4735), a joint resolution, creates the South Carolina Educational Broadband Service Commission for the purpose of obtaining and evaluating proposals from commercial entities for the leasing of spectrum capacity licensed to the South Carolina Educational Television Network, provides a process for approval of the leases, provides that revenue received from the lease of spectrum capacity must be deposited into the State General Fund, exempts the leases from the Consolidated Procurement Code, and provides for the membership, powers, and duties of the Commission. Effective May 27, 2008.

Television Programming Protection Act. Act 182 (R197, S598) amends the Code of Laws of South Carolina, 1976, by adding Article 4 to Chapter 12, Title 58 so as to enact the "Television Programming Protection Act" to require a cable or video service provider to block all video and audio on any channel that a subscriber has not purchased under certain circumstances.  Effective February 28, 2008.

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Retirement Systems

National Guard. Act 343 (R382, H4339) amends the Code of Laws of South Carolina, 1976, by adding § 9‑10‑35 so as to provide that a person who becomes a member of the National Guard after June 30, 1993, if otherwise eligible, also may receive additional National Guard retirement benefits provided by the State National Guard Retirement System under Chapter 10 of Title 9 and to provide that the provisions of this section apply to National Guard pension benefits payable on or after January 1, 2007.  Effective June 25, 2008.

SC Retirement System. Act 311 (R295, H4876), comprehensive legislation, amends, among other things, § 9‑1‑1810, Code of Laws of South Carolina, 1976, relating to the award of annual cost-of-living increases in benefits paid by the South Carolina Retirement System to reflect increases in the Consumer Price Index, so as to increase from one percent to two percent the guaranteed annual adjustment and revise the criteria, including increased employer contributions, which must be met before further increases may be awarded subject to the current overall four percent limit on annual cost-of-living increases; and amends § 9‑11‑310, relating to the award of an annual cost-of-living increase in benefits paid by the South Carolina Police Officers Retirement System to reflect increases in the consumer price index, so as to provide a guaranteed two percent annual adjustment and revise the criteria, including increased employer contributions, which must be met before further increases may be awarded subject to the current overall four percent limit on annual cost-of-living increases, and additionally provides for the manner in which the above provisions shall read upon certain conditions, and provides the actions required by the State Budget and Control Board for the above provisions to become effective. Please refer to Act for effective date.   

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Social Services

Insurers Responsible for Payment of Claim. Act 348 (R405, S669) amends the Code of Laws of South Carolina, 1976, by adding § 43‑7‑465 so as to provide that an insurer that is responsible for payment of a claim for a health care item or service as a condition of doing business in this State shall provide information to the Department of Health and Human Services on individuals who receive medical assistance under the State plan, shall accept the State's right of recovery of certain payments made under the State plan, shall respond to claims, and shall agree not to deny claims on the basis of the time the claim was filed, if timely filed, the format of the claim form, or failure to present documentation at the point of sale that is the basis of the claim;  amends § 43‑7‑410, relating to the definition of terms used in the assignment and subrogation of claims for reimbursement for Medicaid services, so as to revise certain definitions; amends § 43‑7‑420, relating to the assignment of rights to the Department of Health and Human Services to recover from third parties amounts paid by Medicaid, so as to provide that applying for or receiving Medicaid benefits creates a rebuttable presumption that the person was informed of the assignment of his right to the Department to recover from a third party amounts paid by Medicaid; amends § 43‑7‑430, relating to subrogation to the Department of the right to recover from third parties amounts paid by Medicaid, so as to delete obsolete references and to make technical corrections; amends § 43‑7‑440, relating to enforcement of and superiority of the Department's subrogation rights, so as to delete obsolete references and make technical corrections; amends § 43‑7‑460, relating to recovery from estates of Medicaid recipients amounts paid for services through Medicaid, so as to delete obsolete language, make technical corrections, and to revise the definition of "immediate family member" to include grandchildren; amends § 38‑79‑130, relating to the powers of South Carolina Medical Malpractice Liability Joint Underwriting Association, including the power to issue medical malpractice policies, so as to authorize the Association to increase its policy limits up to one million dollars per claim and three million dollars for all claims in any one year upon approval of the Board; amends § 38‑79‑420, relating to the creation of the Patients' Compensation Fund, including payment of medical malpractice claims in excess of policy limits, so as to authorize this fund to also make payments as otherwise provided for in law; amends § 38‑79‑430, relating to the creation of the Board of Governors of the Patients' Compensation Fund, so as to make a technical correction; amends § 39‑79‑480, relating to actions for damages arising out of the rendering of medical services, so as to provide that the Patients' Compensation Fund also may make payments as otherwise provided for by law; and amends § 38‑29‑40, relating to insurance policies, annuity contracts, and other contracts to which this Chapter, the "South Carolina Life and Accident and Health Insurance Guaranty Association," does or does not apply, so as to provide that this Chapter does not apply to policies or contracts to the extent that required assessments of members of the association are preempted by federal or state law. Effective June 16, 2008.

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Sundays & Holidays

Fibromyalgia Awareness Day. Act 196 (R226, S883) amends the Code of Laws of South Carolina, 1976, by adding § 53‑3‑105 to provide that the twelfth day of May of each year is designated as "Fibromyalgia Awareness Day" to educate employers, physicians, and citizens of South Carolina of the debilitating effects of Fibromyalgia. Effective April 15, 2008.

Juneteenth Celebration of Freedom Day. Act 228 (R260, H4731) amends the Code of Laws of South Carolina, 1976, by adding § 53‑3‑85 so as to provide that the nineteenth day of June of each year is designated as "Juneteenth Celebration of Freedom Day" to commemorate and reflect on the freedom of African Americans and their contributions to this State and Nation. Effective May 14, 2008.

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Taxation

Ad Valorem Tax. Act 313 (R359, S1171) amends § 12‑37‑900, Code of Laws of South Carolina, 1976, relating to property tax returns, so as to provide that a manufacturer taxpayer not operating under a fee in lieu of property tax agreement is not required to return personal property in a facility not in use until the earlier of the personal property becoming operational or four years and to require this property to be listed while not taxed; amends § 12‑6‑3310,  relating to the application of tax credits, so as to provide for the application of tax credits when earned by certain limited liability companies; amends § 12‑6‑3410, relating to the corporate headquarters income tax credit, so as to revise requirements with respect to this credit; amends § 12‑6‑3520, relating to the income credit for habitat management, so as to provide for the application of this credit for pass-through entities; amends § 12‑10‑30, relating to definitions for purposes of the Enterprise Zone Act of 1995, so as to add a definition for a "significant business"; amends § 12‑10‑80, relating to job development credits, so as to revise eligibility for waiver limits of a significant business and revise other eligibility requirements for this credit; amends § 12‑44‑30, relating to definitions for purposes of the Fee in Lieu of Tax Simplification Act, so as to provide for that investment attributed to a sponsor and include an aircraft within the definition of a "project;" amends § 4‑29‑67, relating to the fee in lieu of property tax, so as to provide for that investment attributed to a sponsor, include an aircraft with the definition of a "project" and provide evidence of a county's approval or ratification of a transfer of interest; amends § 12‑20‑105, relating to the corporate license tax infrastructure credit, so as to revise requirements for this credit; amends § 4‑12‑10, relating to definitions for purposes of the fee in lieu of property tax, so as to include an aircraft within the definition of a "project;" amends § 12‑44‑120, relating to transfers of interests for purposes of the fee in lieu of tax simplification act, so as to provide evidence of a county's approval or ratification of a transfer; amends § 4‑12‑30, relating to fees in lieu of taxes, so as to provide evidence of a county's approval or ratification of a transfer of interest; amends § 12‑43‑220,  relating to the classification of property for purposes of the property tax, so as to revise an exclusion for warehousing and distribution facilities from the manufacturing property classification; amends § 12‑14‑80, relating to the economic impact zone tax credit, so as to reconstitute this credit as an investment tax credit, provide for eligibility, and the method of claiming the credit; amends Title 12 by adding Chapter 65 so as to enact a new "South Carolina Textile Communities Revitalization Act" and provide the definitions and eligibility requirements for tax credits allowed by this Chapter; repeals Chapter 32 of Title 6, the former "South Carolina Textiles Communities Revitalization Act;" amends § 12‑10‑88, relating to redevelopment fees, so as to extend the time for remitting redevelopment fees to a redevelopment authority; provides an admissions license tax exemption for ten years beginning July 1, 2008, for one half of the paid admissions to a motorsports entertainment complex; amends § 1‑30‑25, relating to the Department of Commerce and § 1‑30‑80, relating to the Department of Parks, Recreation and Tourism, so as to move the South Carolina Film Commission from the Department of Commerce to the Department of Parks, Recreation and Tourism and provide transition provisions; amends Chapter 62 of Title 12, the South Carolina Motion Picture Incentive Act, so as to make conforming amendments reflecting the transfer of the South Carolina Film Commission; amends § 12‑43‑350, relating to requirements for the standardized property tax bill, so as to revise these requirements to reflect the exemption from millage imposed for school operations for owner-occupied residential property and the amount reimbursed the school district from the homestead exemption fund for that exemption and to reflect any credit against the property tax liability for county operations on owner-occupied residential property attributable to excess balances in the homestead exemption fund; and amends § 12‑37‑714,  relating to the situs of boats for purposes of the property tax, so as to allow a county by ordinance to extend the time limits subjecting a boat to property tax. Effective June 12, 2008 and applies to tax years beginning on or after January 1, 2008.

Charitable Organizations. Act 352 (R368, H3008) amends § 12‑37‑220, Code of Laws of South Carolina, 1976, relating to property tax exemptions, so as to exempt real property owned by a charitable organization which is not used for the organization's meetings or the organization's tax exempt purposes but which is held for future use by the organization in pursuit of its exempt purposes or which is held by the organization for investment in pursuit of the organization's exempt purposes if this real property while held is not rented or leased for a purpose unrelated to the organization's exempt purposes and the use of the real property does not inure to the benefit of any private stockholder or individual, to limit this exemption to three years, and to provide for recapture of amounts exempted if the property is transferred; amends § 12‑6‑3310, relating to the application of tax credits, so as to provide for the application of tax credits when earned by certain limited liability companies; amends § 12‑6‑3410, relating to the corporate headquarters income tax credit, so as to revise requirements with respect to this credit; amends § 12‑6‑3520, relating to the income credit for habitat management, so as to provide for the application of this credit for pass-through entities; amends § 12‑10‑30, relating to definitions for purposes of the Enterprise Zone Act of 1995, so as to add a definition for a "significant business"; amends § 12‑10‑80, relating to job development credits, so as to revise eligibility for waiver limits of a significant business and revise other eligibility requirements for this credit; and amends §§ 12‑44‑30, 4‑29‑67, and 4‑12‑30, relating respectively to definitions for purposes of the fee in lieu of Tax Simplification Act and relating to fees in lieu of taxes, so as to provide for that investment attributed to a sponsor. Effective June 12, 2008.

Deed Recording Fee. Act 292 (R379, H4067) amends § 12‑24‑10, Code of Laws of South Carolina, 1976, relating to the deed recording fee, so as to exempt a deed transferring real property from a trust to a trust distributee upon the death of the settlor upon certain conditions. Effective June 11, 2008.

Education Capital Improvements Sales and Use Tax Act. Act 316 (R362, S1232) amends the Code of Laws of South Carolina, 1976, by adding Article 4 to Chapter 10 of Title 4, enacting the "Education Capital Improvements Sales and Use Tax Act" so as to allow a one percent local sales and use tax to be imposed in a county for not more than fifteen years upon referendum approval with the revenues of the tax used by the county's school district Boards of Trustees to pay for specific public school capital improvements in the county and to provide a method whereby revenue of the tax may be shared for the purposes of specific capital improvements on the campuses of a technical college or other state institutions of higher learning located in the county, to provide for the referendum required for the imposition of the tax, the duration of the tax, not to exceed fifteen years, the criteria providing limits on those counties in which this tax may be imposed, and to provide for the administration of the tax and the distribution of the revenue.  Effective June 12, 2008.

Energy Efficient Manufactured Homes Incentive Program. Act 354 (R355, S1141) amends § 12‑36‑2110, Code of Laws of South Carolina, 1976, relating to the calculation of tax on manufactured homes, so as to refine the definition of a manufactured home that is subject to a maximum sales tax because it meets certain energy efficiency standards; amends Chapter 52, Title 48, by adding Article 10 so as to establish an incentive program providing a nonrefundable income tax credit for the purchase and installation of energy efficient manufactured homes in South Carolina; amends § 12‑6‑3587, relating to a tax credit for purchase and installation of a solar energy system, so as to include the purchase and installation of a small hydropower system and define such a system; and amends § 12‑14‑80, relating to the Economic Impact Zone Tax Credit, so as to restate the credit as an investment tax credit, provide that the credit is available for the placement in service of certain qualified equipment and a commitment to the required capital investment, provide for qualifications for and limitations on the credit, and provide for the process for claiming the credit. Effective July 1, 2009.

Energy Freedom and Rural Development Act. Act 261 (R274, H3649) amends § 12‑63‑20, Code of Laws of South Carolina, 1976, relating to sales tax rebates on ecologically friendly vehicles and incentive payments for alternative fuel purchase and production of electricity or methane gas, so as to delete the sales tax rebate on flexible fuel vehicles, to shorten the time period the alternative fuel purchase incentive is available, to broaden the incentive payment qualifications for the production of electricity or methane gas fuel, to replace "methane gas fuel" with "energy," and to delete the limitations on the incentive amounts; amends § 46‑3‑260, relating to the establishment of the South Carolina Renewable Energy Infrastructure Development Fund and low interest loans and grants, so as to expand the purview of the matching grants for new and future biomass technologies to include solar, geothermal, wind energy, and small hydropower technologies and to provide that the Department of Agriculture rather than the Department of Revenue may administer the fund and coordinate its efforts with the State Energy Office; amends § 12‑6‑3600, relating to tax credits for an ethanol and biodiesel facility, so as to extend the tax credit to 2017, to allow the taxpayer to claim the credit for the first six months it met the requirements in addition to qualifying for the current taxable year; to allow unused credit to be carried forward for ten years, to require approval by the State Energy Office rather than the Department of Revenue, and to require each taxpayer to submit a request to the State Energy Office within a specified time period and subject to certain prescribed conditions; amends § 12‑6‑3610, relating to tax credits for the cost of purchasing and installing property to distribute and dispense renewable fuels, so as to revise the definition of "renewable fuel" for certain taxpayers who purchase or construct qualifying facilities or commercial facilities, to delete the one hundred fifty thousand dollar limit, and to require each taxpayer to submit a request to the State Energy Office within a specified time period and subject to certain prescribed conditions; amends § 12‑6‑3620, relating to tax credits for the cost of methane gas use, so as to delete the provisions related to methane gas, to end the tax credit allowable for the purchase and installation of certain energy-creating fuels with no less than ninety percent biomass resource, to allow the State Energy Office to consult with other specified agencies to certify the costs of the taxpayer, to provide parameters for the tax credit, to redefine "biomass resource", and to require each taxpayer to submit a request to the State Energy Office within a specified time period and subject to certain prescribed conditions; and amends § 12‑6‑3631, relating to the Biodiesel Expenditures Tax Credit, so as to expand the definitions of "qualified expenditures for research and development" and "cellulosic ethanol" and to require each taxpayer to submit a request to the State Energy Office within a specified time period and subject to certain prescribed conditions. Effective May 29, 2008.

Excise Tax. Act 287 (R345, S951) amends § 12‑33‑245, Code of Laws of South Carolina, 1976, relating to the five percent excise tax on the sale of alcoholic liquors for on-premises consumption and the distribution of the revenues of the tax, so as to provide that the minimum distribution to state agencies, counties, and local entities must be based on revenues received in FY 2004-2005, rather than revenues allocated and to impose additional penalties for tax violations; amends § 61‑6‑20, relating to definitions for purposes of the Alcoholic Beverage Control Act, so as to revise the definition for an establishment serving meals; and amends § 61‑6‑1610, relating to food service establishments licensed for on-premises consumption of liquor by the drink, so as to provide additional requirements relating to food service. Effective June 11, 2008.

Homestead Property Tax Exemption. Act 184 (R203, S652) amends § 12‑37‑250, relating to the Homestead Property Tax Exemption for persons who have attained age sixty-five, or who are permanently and totally disabled, or who are legally blind, so as to allow the application for the exemption to be made by mail or by internet and to provide the circumstances when mail or internet applications may be processed. Effective March 31, 2008 and applies to homestead exemption applications filed after 2007.

Index of Taxpaying Ability. Act 364 (R209, S1075), a joint resolution,  supplements the school districts negatively affected by the lack of revision of the 2007 Final Index of Taxpaying Ability, and provides that a school district positively affected by the lack of revision of the 2007 Final Index of Taxpaying Ability shall direct the excess funds toward nonrecurring allowable expenditures. Effective April 2, 2008.

Meat Packers. Act 229 (R261, H4774) amends the Code of Laws of South Carolina, 1976, by adding § 12‑6‑3750 so as to provide for a nonrefundable income tax credit for any meat packer, butcher, or processing plant licensed or permitted by this State or the United States Department of Agriculture that, during the tax year for which the credit is claimed, had a valid contract with a nonprofit organization to process deer for donation to any charitable organization engaged in distributing food to the needy, and to provide that the amount of the credit shall be fifty dollars for each carcass processed and donated. Effective May 22, 2008.

Property Tax Equalization and Reassessment Program. Act 367 (R377, H3975), a joint resolution, allows the governing body of a county to postpone by ordinance for one additional year a countywide property tax equalization and reassessment program otherwise scheduled for implementation beginning for property tax year 2008. Effective June 11, 2008.

Sales and Use Tax. Act 360 (R430, H4355) amends Act 310 of 2008, the General Appropriations Act for FY 2008-2009, so as to establish a separate fund in the State Treasury to which must be credited state agency health insurance premium savings in amounts determined by the employment insurance program of the State Budget and Control Board, to provide that the monies credited to this separate fund are appropriated and must be distributed by the State Treasurer to the State Election Commission for expenses of the 2008 general election up to the amount specified with the balance to the State Department of Education for school bus fuel and parts. Effective July 1, 2008.

Sales Tax Exemptions. Act 338 (R356, S1143) amends § 12‑36‑2120, Code of Laws of South Carolina, 1976, relating to exemptions from the sales tax, so as to provide that energy efficient products purchased for noncommercial home or personal use with a sales price of two thousand five hundred dollars per product or less are exempt from the sales tax under certain conditions, and provide for the duration of the exemption and its applicability during a particular fiscal year based on revenue forecasts; enact the "Second Amendment Recognition Act" by amending § 12‑36‑2120, relating to exemptions from the sales tax, so as to exempt the sales of handguns, rifles, and shotguns during a specified forty-eight hour weekend period; and adds § 12‑28‑340 so as to provide that regardless of other products offered, certain motor fuel terminals located within the State must offer a petroleum product that has not been blended with ethanol and that is suitable for subsequent blending with ethanol, provide that a person or entity must not take any action to deny a motor fuel distributor or motor fuel retailer who is doing business in this State and who has registered with the Internal Revenue Service on form 637(M) from being the blender of record afforded them by the acceptance by the Internal Revenue Service of form 637(M); and provide that a distributor or retailer and a refiner must utilize the renewable identification number (RIN) trading system. See Act for effective date.

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Trade & Commerce

Unfair Trade Practice. Act 277 (R319, H3028) amends the Code of Laws of South Carolina, 1976, by adding § 39‑5‑42 so as to define "food" or "food product" and to make it an unfair trade practice to knowingly and willfully to misrepresent that a food or a food product is a product of the State of South Carolina. Effective June 5, 2008 and applies to all violations after that date.   

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Water, Water Resources & Drainage

Catawba River. Act 302 (R358, S1158) amends § 49‑29‑230, Code of Laws of South Carolina, 1976, relating to scenic river designations, so as to designate a portion of the Catawba River as a scenic river. Effective June 11, 2008.

Lynches River. Act 315 (R361, S1210) amends § 49‑29‑230, Code of Laws of South Carolina, 1976, relating to scenic rivers, so as to expand the portion of Lynches River that is designated as a scenic river. Effective June 11, 2008.  

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Approved Regulations

New administrative laws and procedures are addressed in the form of regulations promulgated by state agencies and offices. Following is a list filed in the office of Legislative Council and processed in accordance with the provisions of Article I, Chapter 23, Title 1, Code of Laws of South Carolina, 1976.

The texts of all regulations listed below have been published in the volume and issue of the South Carolina State Register noted opposite each entry and are available for public inspection in the promulgating agency, the Legislative Council in the State House and the Department of Archives and History. Copies of the South Carolina State Register are also on file in the Office of the Clerk of Court in each county. To subscribe to the South Carolina Register, contact Lynn P. Bartlett, Editor, Office of the Legislative Council, P.O. Box 11489, Columbia SC 29211. (803) 212-4500.

Explanation of abbreviations opposite regulations below
“SR31-5” refers to South Carolina State Register Volume 31, Issue 5. Specific page numbers can be determined from the Table of Contents in each issue.

Regulations are available online at www.scstatehouse.net.

Description
Doc. #
Vol./Issue
Agriculture, Department of

Petroleum Products

3123

SR31-3

Education, Board of

Free Textbooks

3138

SR31-8

School-to-Work Transition Act

3137

SR31-8

Health and Environmental Control, Department of

Critical Areas of the Coastal Zone

3111

SR31-1

Tanning Facilities

3114

SR31-1

Water Classification and Standards

3161

SR31-10

Labor, Licensing and Regulation, Department of

Panel for Dietetics

3193

SR31-12

State Budget and Control Board

South Carolina Hospitals

3179

SR31-11

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