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This issue of the Legislative Update is a comprehensive review of all legislation passed by the General Assembly during the 2009 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

Summer Duck. Act 58 (R94, H3131) amends the Code of Laws of South Carolina, 1976, by adding § 1-1-711 so as to designate the "wood duck" as the official state duck; by adding § 1-1-712 so as to designate the "bottlenose dolphin" as the official state marine mammal; by adding § 1-1-713 so as to designate the "northern right whale" as the official state migratory marine mammal; and amends § 50-11-840, relating to protection of wild bird nests and eggs, so as to define a wild bird nest as a nest with birds or eggs present and to provide for the issuance of a permit to possess such nest or eggs or to remove an active nest or eggs that constitute a public safety threat or when causing property damage. Effective June 3, 2009.

Treasurer.  Act 93 (R68, S388), a joint resolution, directs the State Treasurer's Office to provide financing arrangements through the master lease program for any agency that has not paid in full for its South Carolina Enterprise Information System (SCEIS) implementation costs and has not utilized the agency's set-aside account to meet its obligations, to provide that the amounts and timing of lease payments by an agency shall be determined by the State Treasurer's Office in cooperation with the SCEIS Executive Oversight Committee, to require an agency to meet all of its SCEIS financial obligations, and to provide when an agency may withdraw funds from its SCEIS set-aside account. Effective June 2, 2009.

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Agriculture

State Farmer’s Market. Act 82 (R240 of 2008, S1066 of 2008), a joint resolution, authorizes the Department of Agriculture to relocate the Columbia State Farmers' Market from its current location in Richland County to Lexington County; authorizes the allocation of certain funds to be used to complete the project; terminates the pending project that relocates the farmers' market to the Walker Tract in Richland County; authorizes the sale of the Columbia Metrology Laboratory as part of the relocation project; and creates and implements a Statewide Farmers' Market System. Effective May 14, 2008.

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Alcohol & Alcoholic Beverages

Beer Keg Registration. Act 44 (R102, H3413) amends § 61‑4‑1910, Code of Laws of South Carolina, 1976, relating to definitions regarding beer keg registration requirements, so as to revise the definition of "keg". Effective June 2, 2009.

Micro-Distillers. Act 11 (R36, H3452) amends Subarticle 11, Article 3, Chapter 6, Title 61, Code of Laws of South Carolina, 1976, relating to the regulation of manufacturers of alcoholic liquors, so as to authorize the establishment of micro-distilleries of alcoholic liquors, to set forth regulations and limitations of the micro-distilleries, to provide for biennial licenses and fees for manufacturers and micro-distilleries of alcoholic liquors, to provide procedures for tastings at manufacturers and micro-distilleries of alcoholic liquors, to provide for limited retail sale at micro-distilleries of their products, and to provide penalties for violations; and amends § 12‑33‑210, as amended, relating to taxes on licenses granted pursuant to the Alcoholic Beverage Control Act, so as to increase the manufacturer license fee and add a license fee for a micro-distillery. Effective May 6, 2009.

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Animals, Livestock & Poultry

Livestock and Poultry. Act 75 (R70, S453) amends the Code of Laws of South Carolina, 1976, by adding § 47‑4‑160 so as to provide that units of local government may not enact ordinances, orders, or other regulations concerning the care and handling of livestock and poultry, to provide that it is the intent of the General Assembly to occupy the field concerning the regulation of the care and handling of livestock and poultry, to provide that local laws and ordinances pertaining to the regulation of and enforcement of the care and handling of livestock and poultry are preempted and superseded by state law and state agency regulations, and to provide exceptions; amends § 6‑1‑330, relating to local fee imposition limitations, so as to provide that the governing body of a county may not impose a fee on agricultural lands, forestlands, or undeveloped lands for a stormwater, sediment, or erosion control program unless Chapter 14 of Title 48 allows for the imposition of this fee on these lands, and to provide certain exceptions; adds § 47‑9‑60 so as to provide that only property owners and residents within a two-mile radius of a permitted livestock and poultry facility, with the exception of a swine facility, may appeal a permit issued by the Department of Health and Environmental Control pertaining to the facility; and adds § 47‑9‑65 so as to provide the compounding pharmacist who fills an order for performance enhancing mineral or drug compounds which are not FDA approved for polo horses prior to a polo match must certify the compound with his signature accompanied by a complete listing of the components contained in the compound and to provide penalties for violations. Effective June 16, 2009.

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Appropriations

American Recovery and Reinvestment Act. Act 89 (R52, H3730), a joint resolution, provides that all funds received under the American Recovery and Reinvestment Act of 2009 (Recovery Act) for the Clean Water State Revolving Fund and Drinking Water State Revolving Fund may be received and expended pursuant to provisions of the Recovery Act for so long as monies are available under the Recovery Act. Effective May 19, 2009.

Appropriation Bill. Act 23 (R49, H3560) makes appropriations and provides revenues to meet the ordinary expenses of state government for the fiscal year beginning July 1, 2009, to regulate the expenditure of such funds, and to further provide for this operation of state government during this fiscal year and for other purposes.

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Banking, Financial Institutions & Money

Deferred Presentment. Act 78 (R98, H33o1) amends the Code of Laws of South Carolina, 1976, by adding § 34‑39‑175 so as to require the Consumer Finance Division of the Board of Financial Institutions to implement a real-time internet accessible database for deferred presentment providers to verify if deferred presentment transactions are outstanding for a particular person; by adding § 34‑39‑270 so as to prohibit a deferred presentment provider from entering into a deferred presentment transaction with a person who has an outstanding deferred presentment transaction or who has entered into an extended payment plan agreement and to require a deferred presentment provider to verify whether an individual is eligible to enter into a deferred presentment transaction; by adding § 34‑39‑280 so as to allow a deferred presentment transaction customer who is unable to repay a transaction when due to enter one extended payment plan during a twelve month period; amends § 34‑39‑130, relating to licensure requirements for deferred presentment providers, so as to prohibit a person from engaging in the business of deferred presentment services with a resident of South Carolina except in accordance with the provisions of Chapter 39, Title 34; amends § 34‑39‑180, relating to deferred presentment restrictions and requirements, so as to provide that the total amount advanced to a customer for deferred presentment or deposit, exclusive of permissible fees, may not exceed five hundred dollars; amends § 24‑39‑150, relating to the application for licensure, so as to increase the application and renewal fees and to designate the recipients and permitted uses of renewal fee collections; by adding § 34‑39‑290 so as to require the Board of Financial Advisors to submit an annual report to the General Assembly detailing certain deferred presentment transaction data provided by the database vendor; amends § 34‑39‑200, relating to limitations on activities by persons required to be licensed, so as to identify certain limited exceptions; amends § 34‑39‑180, relating to deferred presentment restrictions and requirements, so as to provide that a licensee shall not charge a fee in excess of fifteen percent of the principal amount of the transaction for accepting a check for deferred presentment or deposit; and amends § 34‑39‑180, relating to deferred presentment restrictions and requirements, so as to identify a licensee's civil remedies if a check is returned due to insufficient funds, closed account, or stop payment order. Sections 2, 3, and 4 of this Act take effect upon implementation of the common database as required in Section 1. The remaining Sections take effect June 16, 2009.

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Children's Code

Guardian Ad Litem. Act 37 (R92, H3118) amends § 63‑11‑530, Code of Laws of South Carolina, 1976, relating to the powers and duties of guardians ad litem in child abuse and neglect cases, so as to provide that the South Carolina Guardian Ad Litem Program, or a county guardian ad litem program, has the right to intervene in a proceeding to petition to have the volunteer guardian ad litem removed and to specify grounds for removal; and amends § 63‑11‑550, relating to confidentiality of reports and information maintained by the guardian ad litem program, so as to also provide that reports and information maintained by a guardian ad litem is confidential. Effective June 2, 2009.

Responsible Father Registry. Act 41 (R99, H3311) amends the Code of Laws of South Carolina, 1976, by adding Subarticle 8 to Article 1, Chapter 9, Title 63 so as to establish the Responsible Father Registry within the Department of Social Services and to provide that an unmarried biological father of a child, or a male claiming to be the unmarried biological father of a child, must file a claim of paternity with this registry in order to receive notice of a termination of parental rights action or an adoption action pertaining to this child; to provide that failure to file a claim constitutes an implied irrevocable waiver of the father's right to notice of proceedings for the termination of his parental rights and for the child's adoption; to provide that certain conduct by an unmarried biological father is deemed to be notice to this father of the biological mother's pregnancy; and to further establish filing procedures and procedures for the operation of the Registry; amends § 63‑9‑730, relating to persons and entities entitled to notice of adoption actions, so as to include a person who has registered with the Responsible Father Registry; amends § 63‑7‑2530, relating to the filing of a petition for termination of parental rights, so as to require a termination of parental rights action to be heard within one hundred twenty days of the date the petition is filed and to provide conditions under which a continuance may be granted; amends § 63‑7‑2550, relating to persons and entities entitled to be served with a petition for termination of parental rights, so as to further specify the age as fourteen for serving a child, to provide service on the guardian ad litem of a child under fourteen years of age, and to specify the notice provisions applicable to an unmarried biological father of a child whose parental rights are being terminated. Effective  July 1, 2009, except that those provisions of Section 1 of this Act pertaining to the establishment of the Responsible Father Registry and the receipt of claims of paternity by the registry take effect January 1, 2010, and those provisions of Section 1 of this Act and § 36‑9‑730 of the 1976 Code, as amended by Section 2 of this Act, affecting an unmarried biological father's right to receive notice in a termination of parental rights or an adoption action by filing a claim of paternity and § 63‑7‑2550(B) of the 1976 Code, as added by Section 4 of this Act, apply to termination of parental rights actions and adoption actions filed on or after July 1, 2010.

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Constitutional

Wildlife and Fish. Act 83 (R104, H3483), a joint resolution, proposes an amendment to Article I of the Constitution of South Carolina, 1895, relating to the declaration of rights under the state's Constitution, by adding Section 25 so as to provide that hunting and fishing are valuable parts of the state's heritage, important for conservation, and a protected means of managing nonthreatened wildlife; to provide that the citizens of South Carolina shall have the right to hunt, fish, and harvest wildlife traditionally pursued, subject to laws and regulations promoting sound wildlife conservation and management as prescribed by the General Assembly; and to specify that this section must not be construed to abrogate any private property rights, existing state laws or regulations, or the state's sovereignty over its natural resources.

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Consumer Protection Code

Mortgage Lending Act. Act 67 (R77, S673) amends the Code of Laws of South Carolina, 1976, so as to enact the "South Carolina Mortgage Lending Act", by adding Chapter 22 to Title 37 so as to require the licensing of a mortgage lender, loan originator, or someone acting as a mortgage lender; provide definitions; establish qualifications for licensure and grounds for revocation, suspension, renewal, and termination; describe prohibited activities; provide for record-keeping, trust and escrow accounts, and annual reports; provide for enforcement through administrative action by the commissioner of the Consumer Finance Division of the Board of Financial Institutions and through criminal penalties, and to provide for participation in a national mortgage registry; amends § 34‑1‑20, as amended, relating to appointment of members of the State Board of Financial Institutions, so as to provide for a representative of the Mortgage Bankers Association; amends § 34‑1‑110, as amended, relating to authority of certain financial institutions to engage in business, so as to provide for mortgage lenders and loan originators; amends §§ 37‑1‑301, 37‑3‑105, 37‑3‑501, and 37‑23‑20, all relating to definitions in connection with mortgage lending and brokering and high-cost and consumer home loans, so as to conform definitions, and to add a definition for "adjustable rate mortgage"; amends §§ 37‑23‑40, 37‑23‑45, and 37‑23‑75, all relating to protections for the borrower in a high-cost or consumer home loan transaction, so as to require certain disclosures in connection with an adjustable rate mortgage; amends § 29‑4‑20, relating to the definition of "reverse mortgage", so as to conform the definition; and amends Chapter 58, Title 40, relating to the registration of mortgage loan brokers, so as to change the registration requirements to licensing requirements, to conform definitions to those set forth in the South Carolina Mortgage Lending Act, require certain professional courses, an additional year of experience, and a fingerprint check for mortgage brokers and loan originators, require certain records be kept and made accessible, add certain prohibitions in connection with a real estate appraisal, require and prescribe mortgage broker agreements, authorize enforcement by the Department of Consumer Affairs and prescribe administrative penalties including fines and injunctions and a criminal penalty, require certain reports and filings, and provide for participation in a nationwide mortgage registry. Except as otherwise provided herein, this Act is effective January 1, 2010, except that the definition of 'mortgage loan originator' does not include an individual servicing a mortgage loan as that term is defined in § 37‑22‑110(22) and § 40‑58‑20(20) until July 31, 2011.

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Contracts & Agents

Preneed Funeral Contracts. Act 70 (R108, H3615) amends Chapter 7 of Title 32, Code of Laws of South Carolina, 1976, relating to preneed funeral contracts, so as to transfer the powers and duties for the regulation of preneed funeral contracts from the State Board of Financial Institutions to the Department of Consumer Affairs and to conform the provisions of this chapter to this transfer of authority, to increase criminal fines for violations, to provide for administrative penalties, to provide for a contested case hearing from an order of the Department, and to make technical corrections; and amends § 40‑19‑290, as amended, relating to licensed embalmers and funeral directors placing payments received for funeral merchandise in a trust account, so as to change "State Board of Financial Institutions" to "South Carolina Department of Consumer Affairs" and to provide that these payments must be held until the merchandise is delivered for use or in the possession of the purchaser. Effective July 1, 2009.

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Corrections, Jails, Probations, Paroles & Pardons

Sentencing Reform Commission. Act 120 (R8, S432), a joint resolution, extends the time in which the Sentencing Reform Commission, as established by Act 407 of 2008, shall submit its report to the Chairman of the Senate Judiciary Committee and the Chairman of the House Judiciary Committee from June 1, 2009, to February 1, 2010, at which time the Commission shall be dissolved. Effective April 7, 2009.

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Counties

Sales and Use Tax. Act 49 (R65, S360) amends § 4‑10‑310, Code of Laws of South Carolina, 1976, relating to the imposition of a one percent capital project sales and use tax by a county governing body, so as to delete a requirement that the tax is to collect a limited amount of money; amends § 4‑10‑330, as amended, relating to the county ordinance and ballot question for the referendum required, so as to further provide for the contents of the ordinance and the dates and purposes of the referendum; amends § 4‑10‑340, as amended, relating to the imposition and termination of the tax, so as to further provide for the termination of a newly imposed and a reimposed tax, and to provide for the use of the funds remaining after the project is completed if the tax is reimposed and if the tax is not reimposed; amends § 4‑10‑350, relating to the administration and collection of the tax by the department of revenue, so as to provide that unprepared food eligible for purchase with USDA food coupons is exempt from the tax, and to provide for when these provisions take effect. Effective  June 3, 2009; provided, that the amendments to § 4‑10‑330 (A)(1)(b) of the 1976 Code, as contained in Section 2, apply with respect to Capital Project Sales and Use Tax Act taxes imposed or reimposed pursuant to a referendum held after the effective date of this Act.

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Courts

Municipal Court Jury Lists. Act 95 (R110, H3653), a joint resolution, delays implementation of the provisions of Act 270 of 2008, relating to the requirement that municipal court jury lists include otherwise qualified residents of the municipality who hold a valid South Carolina driver's license or identification card, so as to postpone this expansion of the municipal court jury list until December 31, 2009. Effective June 2, 2009.

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Crimes & Offenses

Animal Enclosures. Act 56 (R87, H3013) amends § 16‑11‑650, Code of Laws of South Carolina, 1976, relating to the offense of removing or destroying fences, gates, or other barriers enclosing animals, crops, or uncultivated lands, so as to revise the elements of the offense, increase penalties for violations, provide for the rights of easement holders, and to vest jurisdiction to hear and dispose of this offense in magistrates court. Effective June 3, 2009.

Criminal Domestic Violence Study Committee. Act 119 (R7, S289), a joint resolution,  allows the Criminal Domestic Violence Study Committee, as established by Act 402 of 2008, additional time to review the criminal domestic violence laws of the state and make recommendations to the General Assembly concerning any proposed changes. Effective April 7, 2009.

Junk Dealer. Act 26 (R59, S184) amends § 16‑11‑523, Code of Laws of South Carolina, 1976, relating to causing injury to real property for the purpose of obtaining nonferrous metals, so as to revise the definition of "nonferrous metals" to include the term "copper clad steel wire" and "catalytic converters", to provide that this provision also applies to causing injury to personal property for the purpose of obtaining nonferrous metals, and to make technical changes; amends § 16‑17‑680, as amended, relating to the unlawful purchase of nonferrous metals, so as to revise the definition of the term "nonferrous metals" to include "copper clad steel wire" and "catalytic converters"; adds § 16‑17‑685 so as to provide that it is unlawful for a person to transport or have in his possession certain quantities of nonferrous metals under certain circumstances, and to provide penalties for violations of this provision; amends § 40‑27‑10, relating to a person who buys junk, so as to provide that a person who buys junk that consists of nonferrous metals must comply with the provisions contained in § 16‑17‑680; repeals § 40‑27‑30 relating to the purchase of junk outside of the county in which the place of business of its buyer is located; amends § 40‑27‑40, relating to penalties associated with the unlawful purchase of junk, so as to increase the penalty and provide that each violation of the provisions relating to the unlawful purchase of junk constitutes a separate offense; amends § 56‑5‑5670, relating to the duties of a demolisher who acquires a vehicle for the purpose of wrecking, dismantling, or demolition, so as to provide that a demolisher who acquires nonferrous metals is subject to the provisions contained in § 16‑17‑680, to provide that a demolisher must keep records of all vehicle parts that weigh more than twenty-five pounds, to revise the type of information that must be recorded regarding the seller of vehicles and vehicles purchased by a demolisher, and to provide penalties for violations of this section; amends § 56‑5‑5850, relating to the placement of a colored tag on an unattended vehicle as notice that the vehicle is subject to forfeiture to the state, so as to provide that a vehicle that has at least two colored tags previously placed on it is an abandoned vehicle and may be removed by a law enforcement agency and sold; amends § 56‑5‑5945, relating to the duties of a demolisher who acquires a vehicle for the purpose of wrecking, dismantling, or demolition, so as to provide that a demolisher who acquires nonferrous metal is subject to the provisions contained in § 16‑17‑680, to provide that a demolisher must keep records of all vehicle parts that weigh more than twenty-five pounds, to revise the type of information that must be recorded regarding the seller of vehicles and vehicle parts purchased by a demolisher, and to provide penalties for violations of this section; amends § 57‑27‑20, relating to definition of terms contained in the junkyard control act, so as to revise the definition of the term "junk"; and adds§ 57‑27‑57 so as to provide that it is unlawful for a junkyard owner to allow motor vehicles to be parked on a highway adjacent to its property. Effective June 2, 2009.

Violence Against Women Federal Compliance Act. Act 59 (R111, H3677) amends the Code of Laws of South Carolina, 1976, by enacting the "Violence Against Women Federal Compliance Act" so as to conform state law to federal requirements; amends § 16‑3‑740, relating to testing certain criminals for Hepatitis B and the Human Immunodeficiency Virus (HIV) at the request of a victim, so as to revise the definition of "offender" to include adults and juveniles, to revise procedures for disclosing test results, to provide that the Department of Health and Environmental Control shall advise the victim of available treatment options and, upon request of the victim, test the victim and provide post-testing counseling; by adding § 16‑3‑750 so as to provide that law enforcement and prosecuting officers may request a victim of an alleged criminal sexual conduct offense to submit to a polygraph examination if the credibility of the victim is at issue and to prohibit law enforcement or such officers from requiring a victim to submit to such examination as a condition of proceeding with the investigation, charging, or prosecution of the offense; to amend § 16‑3‑1350, relating to medicolegal examinations of victims of criminal sexual conduct or child sex abuse, so as to delete the provision requiring such a victim to file an incident report with a law enforcement agency in order to receive a medicolegal examination without charge; and by adding § 16‑25‑30 so as to provide that a person convicted of criminal domestic violence or criminal domestic violence of a high and aggravated nature must be notified in writing that pursuant to federal law it is unlawful for such an offender to ship, transport, or possess a firearm. Effective June 2, 2009.

Weapons. Act 32 (R74, S593) amends § 16‑23‑430, Code of Laws of South Carolina, 1976, relating to the prohibition on the carrying of weapons on school property, so as to provide an exception for persons who are authorized to carry a concealed weapon when the weapon is inside a motor vehicle and secured; and amends § 16‑23‑420, as amended, relating to the prohibition on the carrying or displaying of firearms in public buildings and adjacent areas, so as to provide an exception on school property for persons who are authorized to carry a concealed weapon when the weapon is inside a motor vehicle and secured. Effective June 2, 2009.

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Criminal Procedures

Criminal Records. Act 36 (R89, H3022) amends the Code of Laws of South Carolina, 1976, so as to enact the "Uniform Expungement of Criminal Records Act" by adding Article 9 to Chapter 22, Title 17 so as to provide a procedure for the uniform expungement of criminal records, to provide that applications for expungement of criminal records must be administered by the solicitor's office in each circuit, to provide for the development of an expungement form, and to create a uniform fee for expungment; amends § 17‑1‑40, as amended, relating to the requirement for the destruction of criminal records when a charge is dismissed or the person is found not guilty of the charge, so as to allow certain detention and correctional facilities to retain those records under certain circumstances, to provide the circumstances under which those records may be released, and to provide a penalty for the unlawful release of those records; by adding § 17‑1‑45 so as to require South Carolina Court Administration to include notice on all bond paperwork and courtesy summons when a person may have his record expunged; amends § 22‑5‑910, relating to the expungement of criminal records, so as to clarify that first offense crimes carrying a penalty of not more than thirty days imprisonment or a fine of five hundred dollars, or both, are eligible to be expunged; amends § 22‑5‑920, relating to conviction as a youthful offender, so as to change the waiting period before a youthful offender may apply to have his criminal arrest and conviction expunged from fifteen years of the conviction to five years from the completion of the sentence; amends § 44‑53‑450, relating to conditional discharge of a person found guilty of certain first offense controlled substances offenses, so as to delete the requirement that the person may not be over the age of twenty-five to have his record expunged pursuant to this section; and delays the implementation of the Traffic Education Program as provided in Act 176 of 2008. Effective June 2, 2009.

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Domestic Relations

Military Parent Equal Protection Act. Act 25 (R57, S155) amends Chapter 7, Title 20 of the 1976 Code by adding Article 33 to enact the "Military Parent Equal Protection Act", to provide that a military parent's military service shall not be considered a change in circumstance for purposes of child custody and visitation, to provide that the custodial non-military parent must reasonably accommodate the military parent's leave schedule, to provide that the family court may hold an expedited temporary hearing to ensure that the military parent has access to a minor child, and to provide that any increase or decrease in earning capacity due to military service is not considered a permanent change; and would amend Chapter 1, Title 15, by adding § 15‑1‑340, to provide that a service member entitled to a stay pursuant to the Service Members Civil Relief Act may seek relief and provide testimony by electronic means under certain conditions. Effective June 2, 2009.

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Education

Anderson County Board of Education. Act 96 (R37, H3589) amends Act 269 of 1989, as amended, relating to Anderson County school district budgets and tax millages, so as to provide that the budget that a school district in Anderson County must provide to the Anderson County Board of Education must reflect on a line item basis the manner in which all funds in the budget must be expended during the fiscal year, and to require the County Board to obtain from each school district and post on the County Board website the compensation of all district administrative employees receiving compensation of more than fifty thousand dollars annually. Effective May 7, 2009.

Boats. Act 17 (R38, H3627) amends § 59‑67‑535, Code of Laws of South Carolina, 1976, relating to the use of boats operated by the State Department of Education for the transportation of school children from islands to mainland schools by certain other persons, so as to further provide for the operation of these boats by the Department on Sandy Island, for use of these boats by specified persons, and the procedures applicable for use. Effective May 14, 2009.

Central Carolina Technical College Commission Act 13 (R23, S97) amends § 59‑53‑1410, Code of Laws of South Carolina, 1976, relating to the creation of the Central Carolina Technical College Commission, so as to provide that the Commission must consist of eleven total members, with an additional member appointed from Clarendon County and an additional member appointed from Kershaw County. Effective May 7, 2009.

Clemson University.  Act 91 (R48, S711), a joint resolution, directs the Clemson University Regulatory and Public Service Programs Division to establish a quarantine for citrus greening, also known as Huanglongbing (candidatus liberibacter asiaticus) a disease of citrus plants, and to provide requirements for and the duration of the quarantine and penalties for violation. Effective May 19, 2009.

Dorchester County. Act 98 (R1, S234) requires the superintendent of Dorchester County School District No. 2 to prepare and submit to the county and the municipalities within Dorchester School District No. 2 an annual report detailing information regarding the impact of development on schools within the district, requires the superintendent to request from the county and all municipalities with land encompassed by the district applications and accompanying residential housing materials for land development projects that meet certain criteria, requires the superintendent and the Board of Trustees to determine whether a particular project will result in a substantial impact on the district's ability to provide services to the additional student population and to prepare and submit a report to the county and all municipalities within the district detailing the impact and need for additional resources. Effective February 26, 2009.

Dorchester County. Act 99 (R2, S235) authorizes the Board of Trustees for Dorchester School District No. 2 to impose an impact fee on any developer for each new residential dwelling unit constructed by the developer within the school district, to provide that the funds only may be used for the construction of public education facilities for grades k-12 within the district and for the payment of principal and interest on existing or new bonds issued by the district, and to provide that the impact fee shall be set at an amount not to exceed the cost that each additional dwelling unit imposes on the school district for public education facilities. Effective February 26, 2009 and applies to any new residential construction which has not been issued a certificate of occupancy.

Higher Education Revenue Bond Act. Act 2 (R21, H3664) amends § 59‑147‑30, Code of Laws of South Carolina, 1976, relating to the issuance of revenue bonds under the provisions of the Higher Education Revenue Bond Act, so as to clarify those eligible facilities which may be financed under the Act; and to repeal § 59‑147‑120 relating to limitations on the issuance of certain revenue bonds. Effective April 9, 2009.

Horry County Board of Education. Act 106 (R17, H3575) amends Act 287 of 1989, as amended, relating to the membership of the Horry County Board of Education, so as to provide that the term of office of a newly elected member of the Horry County Board of Education must commence upon the date of the first meeting of the board in January following the November election. Effective April 8, 2009.

Make Up Days. Act 104 (R13, H3295), a joint resolution, provides that the school day missed on January 8, 2009, by the students of Paris Elementary School, Taylors Elementary School, and Sevier Middle School when the schools were closed due to a power outage is exempt from the make-up requirement that full school days missed due to snow, extreme weather, or other disruptions be made up. Effective April 8, 2009.

Make Up Snow Days. Act 108 (R18, H3583), a joint resolution, provides that the school day missed on February 4, 2009, by the students of Midway Elementary, Bethune Elementary, Mount Pisgah Elementary, Baron Dekalb Elementary, North Central Middle, and North Central High Schools when the schools were closed due to snow is exempt from the make-up requirement that full school days missed due to snow, extreme weather, or other disruptions be made up; and to provide that school districts may close for up to three days of the school district's choosing during the 2008-2009 school year and that make-up requirements are waived. Effective April 23, 2009.

Mauldin High School. Act 105 (R86, S795), a joint resolution, provides that the school days missed on April 30, 2009, and May 1, 2009, by the students of Mauldin High School when the school was closed due to potential flu-like illness are exempt from the make-up requirement that full school days missed due to snow, extreme weather, or other disruptions be made up. Effective June 2, 2009.

Rural Infrastructure Act. Act 68 (R96, H3178) enacts the "Federal Educational Tax-Credit Bond Implementation Act", including provisions to amend the Code of Laws of South Carolina, 1976, by adding § 59‑3‑100 so as to provide for the manner in which and conditions under which allocations of qualified school construction bonds authorized by the provisions of the American Recovery and Reinvestment Act of 2009 shall be made among the school districts of this state, and to provide for other related matters in regard to these allocations; amends § 11‑15‑460, as amended, relating to the interest rate on refunding bond obligations of political subdivisions, so as to exempt qualified school construction bonds from this provision; and amends § 11‑27‑50, as amended, relating to the effect of the provisions of Article X of the Constitution of this state on bonds of school districts, so as to provide that qualified school construction bonds up to a certain amount may be sold at public or private sale at such price as determined by the governing body of the issuer. Effective June 3, 2009.

School Districts. Act 86 (R14, H3352), a joint resolution, allows local school districts and special schools to transfer certain funds among appropriated revenues, Education Improvement Act funds, Education Lottery Act funds, and funds received from the Children's Education Endowment Fund in order to ensure the delivery of academic and arts instruction during the 2008-2009 and 2009-2010 fiscal years, and to provide that a school district may not transfer funds required for debt service or bonded indebtedness; to allow school districts for fiscal years 2008-2009 and 2009-2010 to suspend certain professional staffing ratios and expenditure regulations, to delay the date that teacher contracts are issued, to negotiate salaries for certain retired teachers below the school district salary schedule, and to furlough teachers for up to five noninstructional days, provided that district administrators are furloughed for twice the number of days; to provide further measures school districts and education-related entities are encouraged to take to maximize resources; to provide district reporting requirements for cost-saving measures undertaken by the district; to require school districts to provide to public charter schools pupil allocation for each categorical program before implementing these flexibility provisions; to suspend certain formative assessments, to allow school districts to suspend textbook adoptions, and to allow school districts to purchase the most economical type of bus fuel for the 2008-2009 and 2009-2010 fiscal years; to require school districts for the 2009-2010 fiscal year to utilize at least sixty-five percent of its per pupil expenditures within provided categories of instruction with certain conditions, and to provide reporting requirements; to require school districts for the 2009-2010 fiscal year to maintain a transaction register that records certain expended funds, to provide what the register must include, to require school districts to publish their credit card statements on their websites, and to require the comptroller general to publish on its website credit card information of school districts that do not maintain their own websites; and to suspend § 59‑21‑1030 of the 1976 Code for the 2008-2009 and 2009-2010 fiscal years. Effective April 7, 2009.  

School Report Cards. Act 34 (R78, S696) amends § 59‑18‑930 of the 1976 Code, relating to the required advertisement of the results of a school's report card in a local newspaper, to allow required advertisement to be waived if an audited newspaper of general circulation in a school district's geographic area has previously published the entire school report card results as a news item. Effective June 2, 2009.

School Snow Days. Act 110 (R19, H3649), a joint resolution, provides that the school day missed on March 2, 2009, by the students of the school district of Pickens County when the schools were closed due to snow is exempt from the make-up requirement that full school days missed due to snow, extreme weather, or other disruptions be made up. Effective April 23, 2009.

School Snow Days. Act  109 (R26, S540), a joint resolution, provides that the school day missed by the students of the school district of Oconee County on March 2, 2009, due to snow, is exempt from the make-up requirement that full school days missed due to snow, extreme weather, or other disruptions be made up. Effective May 20, 2009.

Spartanburg County School District Board of Trustees. Act 111 (R29, S703), amends Act 612 of 1984, as amended, relating to the method of conducting elections for members of the school district boards of trustees in Spartanburg County, to reduce the number of qualified electors that must sign a petition for a person to place his name as an at-large candidate on the ballot and to provide for the manner in which a school district board of trustee candidate from a single-member district in one of Spartanburg County's school districts may place his name on the ballot. Effective May 6, 2009.

Sumter County. Act 112 (R10, S473) amends Act 387 of 2008, relating to the Sumter County Consolidated School District, so as to provide that a member of the Sumter Consolidation Transition Committee who has been dismissed, suspended from his position, or demoted, or forced to accept a change in the terms and conditions at his current employment, or receives any direct or indirect threats in connection with his decisions or actions on behalf of the Committee may institute a nonjury civil action against Sumter School District 2 or Sumter School District 17 or their successors for certain damages. Effective April 2, 2009 and applies to any action taken during a member's term of service on the Committee.

Teacher Hiring. Act 85 (R12, S588), a joint resolution, extends the date by which a school district must decide whether to employ a teacher for the 2009-2010 school year from April fifteenth to May fifteenth, provides that a teacher has ten days following receipt of written notification of an offer to accept the contract, and provides that a school district may uniformly negotiate salaries below the school district salary schedule for the 2009-2010 school year for retired teachers who are not participants in the Teacher and Employee Retention Incentive Program. Effective April 7, 2009.

University of South Carolina. Act 94 (R79, S700), a joint resolution, authorizes the University of South Carolina to develop and construct a new facility for the Moore School of Business in the Innovista District on its Columbia Campus. Effective June 3, 2009.

York Technical College Enterprise Campus. Act 71 (R51, H3616) amends the Code of Laws of South Carolina, 1976, by adding Article 27 to Chapter 53, Title 59 so as to enact the "State Board for Technical and Comprehensive Education Act"; to create the Aiken Technical College Enterprise Campus Authority, the Greenville Technical College Enterprise Campus Authority, the Orangeburg-Calhoun Technical College Enterprise Campus Authority, the Spartanburg Community College Enterprise Campus Authority, and the York Technical College Enterprise Campus Authority; to provide that each authority must be governed by a board, and to provide for the powers and duties of the Board; to provide for lease and lease purchase agreement approval; to provide that the powers granted to an authority must comply with the procurement code; to provide for the issuance of bonds, notes, and other obligations or indebtedness by an authority; to provide reporting requirements; to provide that an authority is not required to pay taxes and assessments, and that bonds, notes, and other obligations or indebtedness issued by an authority may not be taxed; to require a commission to designate the area that comprises the enterprise campus, and to further provide commission powers and duties with respect to enterprise campus property. Effective June 16, 2009.

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Elections

Georgetown County—Voting Precincts. Act 35 (R80, S704) amends § 7‑7‑270, as amended, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Georgetown 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 and to correct archaic references. Effective June 2, 2009.

Greenville County—Voting Precincts. Act 64 (R117, H3804) amends § 7‑7‑280, as amended, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Greenville County, so as to revise and rename certain voting precincts of Greenville County and 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 2, 2009 and is effective for all elections conducted after December 31, 2009.

Greenwood County—Voting Precincts. Act 21 (R47, S639) amends § 7‑7‑290, as amended, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Greenwood County, so as to revise and rename certain voting precincts of Greenwood County and 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 19, 2009.

Kershaw County—Voting Precincts. Act 9 (R34, H3380) amends § 7‑7‑340, as amended, 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 6, 2009.

Spartanburg County—Voting Districts. Act 54 (R84, S774) amends § 7‑7‑490, as amended, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Spartanburg County, so as to revise and rename certain voting precincts of Spartanburg County and 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 2, 2009.

York County—Voting Precincts. Act 53 (R82, S756) amends § 7‑7‑530, as amended, 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 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 2, 2009 and applies to all elections conducted after January 1, 2010.

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Environmental Protection & Conservation

Forestry. Act 48 (R109, H3651) amends the Code of Laws of South Carolina, 1976, by adding § 48‑23‑205 so as to provide certain definitions, to limit the authority of counties and municipalities to restrict or regulate certain forestry activities, to provide the terms and conditions of certain permitted regulations, and to provide exemptions. Effective June 2, 2009.

Rivers. Act 22 (R54, H3957) amend the Code of Laws of South Carolina, 1976, by adding § 48‑1‑55 so as to provide that on any navigable river in this State where an oyster factory is located, the Department of Health and Environmental Control may utilize qualified personnel of the county or municipality in whose jurisdiction the factory operates to assist with the monitoring of water quality and other environmental standards the Department is required to enforce. Effective May 19, 2009.

State Energy Policy. Act 19 (R45, S232) amends the Code of Laws of South Carolina, 1976, by adding § 48‑52‑220 so as to define "renewable energy resources" for purposes of the South Carolina Energy Efficiency Act; by adding Article 12 to Chapter 52, Title 48 so as to require state agencies to consider and implement cost effective energy, water, and wastewater conservation measures, to provide for audits, and to provide for reports to the State Energy Office; amends §§ 48‑52‑210, 48‑52‑420, and 48‑52‑430, relating to the policies and purposes underlying the plan for energy policy, the duties of the State Energy Office, and the annual state energy action plan, so as to provide additional purposes and policies applicable to the plan for energy policy, provide that strategies of the State Energy Office promoting clean energy must include nuclear energy, renewable energy sources, and conservation and efficiency measures, and provide for additional reporting by that agency; and amends § 58‑3‑530, as amended, relating to the powers and duties of the State Regulation of Public Utilities Review Committee, so as to require an annual review of the state energy action plan for submission to the General Assembly. Effective May 19, 2009.

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Estates, Trusts, Guardians & Fiduciaries

Revised Code Volume 21. Act 122 (R6, H3353), a joint resolution, adopts revised Code volume 21 of the Code of Laws of South Carolina, 1976, to the extent of its contents, as the only general permanent statutory law of the State as of January 1, 2009. Effective February 25, 2009.

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Fish, Game & Watercraft

Saltwater Fishing Licenses. Act 15 (R39, H3635) amends the Code of Laws of South Carolina, 1976, by adding § 50‑9‑560 so as to specify applicable fees for recreational saltwater fishing licenses; by adding § 50‑9‑715 so as to specify recreational saltwater fishing license exemptions; by adding § 50‑9‑925 so as to specify how the revenue from the sale of stamps, licenses, prints, and related articles must be distributed; amends § 50‑5‑15, relating to the definitions applicable to the South Carolina Marine Resources Act, so as to define the terms "drop net" and "fold up trap"; amends § 50‑5‑955, relating to the designation and maintenance of public shellfish grounds, so as to substitute reference to the recreational saltwater fishing license for the marine recreational fishing stamp; amends § 50‑5‑1915, relating to charter fishing vessel logs, so as to require monthly submissions to the South Carolina Department of Natural Resources; amends § 50‑9‑20, relating to the duration of hunting and fishing licenses, so as to remove references to resident and nonresident licenses; amends § 50‑9‑40, relating to licenses for freshwater fishing, so as to specify recreational freshwater fishing; amends § 50‑9‑540, as amended, relating to freshwater and saltwater fishing licenses, so as to make technical corrections; and repeals §§ 50‑5‑1905, 50‑5‑1910, 50‑5‑1920, 50‑5‑1925, and 50‑5‑1945 all relating to recreational saltwater fisheries licenses and stamps. Effective July 1, 2009.

Shark Catching Limits. Act 47 (R107, H3572) amends the Code of Laws of South Carolina, 1976, by repealing § 50‑5‑1707 relating to shark catch limits; by adding § 50‑13‑400 so as to establish creel and size limits for crappie taken in Lake Murray; and by adding § 50‑5‑2017 so as to establish the Flounder Population Study Program to be administered by the Department of Natural Resources, to set flounder catch limits and prohibit the use of artificial illumination powered by generators, and to establish the duration of the program. Effective June 2, 2009.

Turtles. Act 6 (R30, H3121) amends the Code of Laws of South Carolina, 1976, by adding § 50‑15‑75 so as to provide that it is unlawful for a person or a group of individuals traveling in one vehicle to remove, or attempt to remove, from this state more than a specified number of certain named species of turtles, to provide exceptions, and to provide penalties for violations. Effective May 6, 2009.

Wildlife Management Areas. Act 63 (R116, H3794) amends § 50‑11‑2200, as amended, Code of Laws of South Carolina, 1976, relating to the establishment of wildlife management areas, so as to specify additional prohibited activities; amends § 50‑11‑2210, relating to abuse of wildlife management area lands, so as to include heritage trust and Department owned lands; amends § 50‑11‑2220, as amended, relating to additional penalties for abusing wildlife management area lands, so as to include heritage trust and Department owned lands; by adding § 50‑11‑2225 so as to create a misdemeanor criminal offense for entering or remaining on a closed area contrary to the instructions of a law enforcement officer, manager, or Department custodial personnel; and by adding § 50‑11‑2215 so as to provide that nothing contained in §§ 50‑11‑2200 or 50‑11‑2210 shall interfere with agency duties or landowner rights. Effective June 2, 2009.

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General Assembly

Acts and Joint Resolutions. Act 10 (R35, H3428) amends § 2‑7‑80, Code of Laws of South Carolina, 1976, relating to the printing and distribution of acts, so as to provide for the mailing of acts not placed on the desks of members of the General Assembly when the member requests the services, require the clerks of the General Assembly to make all acts available to the public after approval by the Governor, and generally restructure the distribution of acts; amends § 2‑13‑190, relating to printing in signatures and distribution of page proofs or advance sheets, so as to delete the requirement that the Code Commissioner send a copy of each advance sheet to a delineated list of persons, provide for printing by the Office of Legislative Printing, Information and Technology Systems (LPITS) of not more than twenty-five copies of the advance sheets as the Code Commissioner orders, and to direct LPITS to publish the advance sheets online as directed by the Code Commissioner; amends § 8‑15‑40, relating to the delivery of the Code and supplements to successors in office, so as to allow the Code Commissioner to determine the value of the set; amends § 11‑25‑640, as amended, relating to persons entitled to receive acts and joint resolutions, so as to narrow the list of those persons receiving the acts and joint resolutions; and amends § 11‑25‑650, relating to distribution of copies and publications to the University of South Carolina law library, so as to decrease the number of copies provided of the acts and joint resolutions, the code, and the reports of the Supreme Court. Effective May 6, 2009.

Housing Commission. Act 80 (R118, H3919) amends the Code of Laws of South Carolina, 1976, by adding § 2‑1‑250 so as to establish the South Carolina Housing Commission to provide recommendations on an annual basis to ensure and foster the availability of safe, sound, and affordable housing and workforce housing for every South Carolinian, to provide for the membership of the Commission, and for other procedural matters. Effective July 1, 2009.

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Health

Alzheimer’s Disease Registry. Act 31 (R71, S463) amends § 44‑36‑10 of the 1976 Code, relating to the purpose and functions of the Alzheimer's Disease Registry, to expand the types of data collected by the Alzheimer's Disease Registry, and to provide for the authorization of studies about Alzheimer’s disease and the caregivers of persons with Alzheimer’s disease. Effective June 2, 2009.

Drug Proceeds. Act 62 (R114, H3761) amends § 44‑53‑530, as amended, Code of Laws of South Carolina, 1976, relating to forfeiture procedures related to drug proceeds, so as to allow the use of forfeited monies and proceeds from the sale of property for training and education by law enforcement in addition to other uses previously delineated. Effective June 3, 2009.

Drycleaning Facility Restoration Trust Fund. Act 14 (R31, H3203) amends Article 4, Chapter 56, Title 44 of the Code of Laws of South Carolina, 1976, relating to the Drycleaning Facility Restoration Trust Fund, so as to, among other things, further specify that wholesale drycleaning facilities are subject to the provisions of this Article and are eligible to seek restoration assistance under this Article; to authorize the Department of Health and Environmental Control to use funds, other than funds from the Drycleaning Facility Restoration Trust Fund, if an emergency exists and funds are not available from the Trust Fund and to further provide that these funds must be repaid from the Trust Fund; to provide exemptions from the environmental surcharge imposed on the gross proceeds of sales of retail drycleaning facilities, including an exemption for wholesale sales of drycleaning services; to further provide for eligibility requirements and procedures for requesting and issuing restoration assistance, including providing criteria for deductibles and conducting secondary assessments; to provide initial and annual registration fees for drycleaning facilities established after October 1, 1995, and to authorize the property owner to register a facility if the owner or operator of the facility does not; to provide for the issuance of certificates of registration, to require presentation of certificates in order to purchase drycleaning solvent, to prohibit a supply facility, or other drycleaning facility, from selling drycleaning solvent to a drycleaning facility if the facility does not possess a certificate, and to provide civil penalties for violations; to specify requirements for a drycleaning facility exemption certificate; to authorize a drycleaning facility previously registered under this article to opt out if the facility has been in operation before January 1, 1940, and only has used nonhalogenated cleaners; and to revise the membership of the Drycleaning Advisory Council. Effective May 6, 2009; however, the amendments to the impositions of the surcharges and fees imposed pursuant to §§ 44‑56‑430(A), 44‑56‑470(A), 44‑56‑480(A), and 44‑56‑480(D) of the 1976 Code, as amended in Section 1 of this Act, take effect March 1, 2010.

Kershaw County Medical Center. Act 107 (R42, H3818) provides that on the effective date of this Act, the name of the Kershaw County Medical Center is hereby changed to KershawHealth. Effective May 6, 2009.

Revised Uniform Anatomical Gift Act. Act 4 (R24, S407) amends Article 1, Chapter 43, Title 44, Code of Laws of South Carolina, 1976, relating to the donation of human bodies, parts of the human body and human tissue, so as to conform cross references to the revised Uniform Anatomical Gift Act, to delete the provision stating that a donor designation on a driver's license does not constitute execution of gift under the Uniform Anatomical Gift Act; amends Article 5, Chapter 43, Title 44, relating to the Uniform Anatomical Gift Act, so as to change the act name to the revised Uniform Anatomical Gift Act, and, among other things, to revise definitions, donor eligibility, donation amendment and revocation procedures, the priority order to give consent, substitute donor procedures, donee qualifications, and alternative donee procedures; establishes procedures for refusal to make an anatomical gift; provides that a person who is in possession of a document of an anatomical gift, or refusal of a gift, shall send the document to the hospital if the individual executing or refusing the gift is believed to be deceased or near death; provides that a procurement agency receiving a referral of an individual at or near death shall search the South Carolina Organ and Tissue Donor Registry to ascertain if an anatomical gift was made; provides that a physician who attended a person at death or who determines the time of death may not participate in removal or transplantation procedures; establishes criminal penalties for selling or purchasing organs and for obtaining financial gain by falsifying or defacing a donation document; establishes criteria for the validity of an organ donation; establishes procedures to resolve issues when certain conflicts exist between a declaration of an organ donation and the medical suitability of the organ donation; requires coroners to cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts and to provide that a body part may not be removed during a post-mortem examination for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift; and amends Article 11, Chapter 43, Title 44, relating to hospital policy and protocol for organ and tissue donation, so as to revise definitions and procedures for contacting persons authorized to consent to organ donation. Effective May 6, 2009.

Stroke Systems of Care Study Committee. Act 121 (R22, S26), a joint resolution, establishes the Stroke Systems of Care Study Committee to develop a plan for a statewide stroke system of care, which must include, among other things, an urgent response system, public awareness programs for stroke education, prevention, and rehabilitation, methods for evaluating the impact of strokes in this state, recognition and implementation of a standardized stroke triage assessment tool, a strategy to reduce stroke disparities among minorities and underserved populations, policy changes that may be needed, coordination of treatment, and designation of acute stroke hospitals; and to provide that the Study Committee is abolished upon submission of its report to the General Assembly no later than December 1, 2010. Effective May 7, 2009.

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Highways, Bridges & Ferries

Department of Transportation. Act 66 (R120, H4023) amends the Code of Laws of South Carolina, 1976, by adding § 57‑23‑815 so as to provide that the Department of Transportation may mow beyond thirty feet from the pavement roadside vegetation adjacent to Interstate Highway 26 at Exit 199 in Berkeley County. Effective June 2, 2009.

Western York County—Scenic Byway. Act 51 (R72, S491) amends the Code of Laws of South Carolina, 1976, by adding Article 18 to Chapter 23, Title 57 so as to designate certain highways in western York County as the Western York County Scenic Byway, and to make it subject to the regulations of the South Carolina Department of Transportation and the South Carolina Scenic Highways Committee. Effective June 3, 2009.

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Insurance

Captive Insurance Companies. Act 28 (R62, S323) amends § 38‑90‑20, as amended, Code of Laws of South Carolina, 1976, relating to licensing of a captive insurance company, so as to prohibit a captive insurance company from writing workers’ compensation insurance on a direct basis, and to authorize an additional processing fee for an application to be charged as determined appropriate by the director or his designee given the nature of the application being investigated; amends § 38‑90‑40, as amended, relating to capitalization requirements for captive insurance companies, so as to authorize a reduction in required trust funds for a branch captive insurance company that posts security for loss reserves on branch business to a front company; amends § 38‑90‑55, relating to incorporation of a captive reinsurance company, so as to change mandatory to precatory consideration by the director of factors in arriving at a finding; amends § 38‑90‑60, as amended, relating to incorporation options and requirements of certain type of captive insurance companies, so as to change mandatory to precatory consideration by the director of factors in arriving at a finding; amends § 38‑90‑70, as amended, relating to reports required to be submitted by a captive insurance company to the director, so as to authorize the director to grant an extension or waive the requirements of this section; amends § 38‑90‑75, relating to discounting of loss and loss adjustment expense reserves, so as to provide the section applies to a captive insurance company, delete the manner in which the reserves were discounted, and provide that this process may be accomplished with prior written approval by the director; amends § 38‑90‑80, as amended, relating to inspections and examinations of a captive insurance company, so as to increase from three to five years the interval of the inspections and examinations and authorize the director to waive the requirement for a visit to certain companies; amends § 38‑90‑90, relating to suspension or revocation of the license of a captive insurance company, so as to authorize the director to impose a fine instead of revoking or suspending a license; amends § 38‑90‑130, relating to the prohibition of a captive insurance company from participating in a plan, pool, association, or guaranty or insolvency fund, so as to authorize a company to participate in a pool for the purpose of commercial risk sharing under certain circumstances; amends § 38‑90‑180, as amended, relating to the applicability of certain provisions to captive insurance companies, so as to make the provisions of Chapters 26 and 27 applicable to captive insurance companies; amends § 38‑90‑440, as amended, relating to licensing of a special purpose financial captive insurance company, so as to provide the basis for calculating a processing fee, and clarify that six thousand dollars based on a minimum fee of twelve thousand dollars is payable upon filing of the application; amends § 38‑90‑450, as amended, relating to the organization requirements of a special purpose financial captive, so as to change from mandatory to precatory consideration by the director when issuing a certificate; and amends § 38‑90‑560, relating to examinations by the director of a special purpose financial captive insurance company, so as to increase from three to five years the interval that a company must be inspected and delete the authority of the director to enlarge the period of inspection under certain circumstances. Effective June 2, 2009.

Insurance. Act 69 (R106, H3562) amends § 38‑1‑20, as amended, Code of Laws of South Carolina, 1976, relating to definitions used in Title 38 pertaining to insurance, so as to add the definitions of "general appointment", "local appointment", "special appointment", "crop insurance", and "travel insurance", correct archaic language, and make conforming amendments; amends § 38‑39‑20, relating to premium service companies, so as to provide that the fee for licensure to engage in servicing insurance premiums in this state is due on a biennial basis rather than on an annual basis; amends § 38‑43‑80, as amended, relating to license fees for insurance producers and agencies, so as to provide for a biennial producer license renewal fee of twenty-five dollars, increase the initial producer license renewal fee from twenty dollars to twenty-five dollars, and provide for the requirements relating to the payment of appointment fees; amends § 38‑43‑106, as amended, relating to continuing education requirements for insurance producers, so as to provide that the biennial compliance period is based on the licensee's month and year of birth; amends § 38‑43‑110, as amended, relating to the duration of an insurance producer's license, so as to provide that individual licenses must be renewed biennially based on the licensee's month and year of birth and provide for the requirements relating to renewal; amends § 38‑43‑200, as amended, relating to the prohibition on splitting commissions with an unlicensed person by an insurance producer, so as to delete the existing provisions and provide for the requirements relating to the splitting and sharing of commissions; amends § 38‑45‑10, relating to the definitions of an insurance broker, so as to provide for the qualifying duties and provide for exceptions; and amends § 38‑45‑20, as amended, relating to the requirements for licensure as an insurance broker, so as to delete the requirements that a broker hold at least one appointment. Effective June 2, 2009.

Insurer. Act 27 (R61, S301) amends the Code of Laws of South Carolina, 1976, by adding §§ 38‑9‑225 and 38‑9‑230 so as to enact provisions requiring certain insurers to file a statement of actuarial opinion and actuarial opinion summary annually and provide for the confidentiality of these documents; amends § 38‑5‑120, relating to the revocation or suspension of license of an insurer and its officers and agents for the publication of the notice, so as to provide a procedure for an aggrieved insurer to request a hearing before the director or his designee and provide recourse through judicial review; amends § 38‑9‑330, relating to the definition of "company action level event", so as to redefine the term; and amends § 38‑21‑95, relating to approval for acquisition of a domestic insurer by a controlling producer in another state, so as to delete the applicability to foreign producers and correct incorrect references. Effective June 2, 2009.

Mental Health Parity and Addiction Act. Act 50 (R69, S390) enacts the "Mental Health Parity and Addiction Equity Act of 2009"; amends § 38‑71‑880, as amended, Code of Laws of South Carolina, 1976, relating to medical and surgical benefits and mental benefits coverage, so as to add provisions relating to substance use disorder coverage, financial requirements, and treatment limitations and to provide for definitions; and amends § 38‑71‑290, relating to coverage for a mental health insurance plan, so as to change the definition of "health insurance plan", to provide for the exclusion of a health insurance plan that is individually underwritten or a plan provided to a small employer from the provisions of this section, and to provide how this section applies to the provisions of § 38‑71‑880. Effective June 3, 2009 and applies to group health plans for plan years beginning after October 2, 2009.

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Law Enforcement & Public Safety

National Park Service Rangers. Act 43 (R101, H3377) amends § 23‑1‑212, Code of Laws of South Carolina, 1976, relating to the enforcement of state criminal laws by federal law enforcement officers, so as to provide that national park service rangers are federal law enforcement officers who are authorized to enforce the state's criminal laws. Effective June 2, 2009.

Public Safety Officials. Act 30 (R66, S363) amends § 23‑41‑20, Code of Laws of South Carolina, 1976, relating to definitions for purposes of the Arson Reporting-Immunity Act, so as to add certain public safety officials to the list of agencies authorized to receive information from an insurance company. Effective June 2, 2009.

Sex Offenders. Act 77 (R91, H3087) amends § 23‑3‑535, Code of Laws of South Carolina, 1976, relating to limitations on places of residence for sex offenders, so as to provide that a local government may not enact an ordinance that expands or contracts the boundaries of the areas in which a sex offender may or may not reside that are contained in this section; and amends Act 333 of 2008, relating to limitations on places of residence for sex offenders and penalties for failure to register as a sex offender, so as to provide an effective date for various portions of this Act. Effective June 16, 2009.

V-SAFE. Act 74 (R67, S364) amends Chapter 9, Title 23 of the 1976 Code, by adding § 23‑9‑25 to enact the "Volunteer Strategic Assistance and Fire Equipment Program" (V-SAFE) whose purpose, contingent upon the General Assembly appropriating appropriate funds, is to offer grants to eligible volunteer and combination fire departments for the purpose of protecting local communities and regional response areas from incidents of fire, hazardous materials, terrorism, and to provide for the safety of volunteer firefighters, to provide definitions of certain terms, and to provide for the administration of the grants. Effective June 16, 2009.

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Local Government

Beaufort Jasper Water and Sewer Authority. Act 55 (R85, S793) amends the Code of Laws of South Carolina, 1976, by adding Chapter 37 to Title 6, so as to provide for the Beaufort Jasper Water and Sewer Authority to remove certain restrictions on the areas in which the authority provides services, to further prescribe the authority's functions and powers regarding water and waste water services, to prescribe the conditions and terms upon which municipal corporations and other public bodies or agencies operating water distribution and waste water systems in Beaufort, Jasper, Hampton, and Colleton Counties may acquire services from the authority, and to change the name of the authority to the Beaufort Jasper Water and Sewer Authority. Effective June 2, 2009.

Building Code Enforcement Officers. Act 20 (R46, S268) amends Chapter 8, Title 6, Code of Laws of South Carolina, 1976, relating to building codes enforcement officers, so as to establish a "special inspector" to perform building inspections in one or more construction trade disciplines, and to provide the licensing procedure to require authorization for performing these inspections from the South Carolina Building Codes Council and the Department of Labor, Licensing and Regulation. Effective May 20, 2009.

County Board or Commission. Act 101 (R41, H3776) authorizes Dorchester County to pay per diem, travel, or other expenses to a member of a county board or commission when the member travels and incurs expenses relating to his duties while serving on the board. Effective May 14, 2009.

Energy Standard Act. Act 46 (R105, H3550) amends Chapter 10, Title 6, Code of Laws of South Carolina, 1976, relating to the Building Energy Efficiency Standard Act, so as to revise the title of the act to the "Energy Standard Act"; to revise definitions; to adopt the 2006 edition International Energy Conservation Code as the energy standard and to provide that all new and renovated buildings and additions must comply with this standard, to provide that local building officials shall enforce the energy standard and to provide alternative enforcers in areas without a building official; to provide that building officials shall issue and revoke building permits and inspect construction of buildings pursuant to the permits issued, to require local jurisdictions to provide an appeals board and process for granting of certain variances, to provide an exception, and to allow certain appeals to be heard by the South Carolina Building Codes Council; and to provide that the building official may obtain injunctive relief; and amends § 6‑9‑50, as amended, relating to the mandatory adoption of certain national building codes, building envelope requirements of the energy code, free access to code documents, and three story homes, so as to delete provisions relating to what constitutes compliance with the building envelope requirements of the energy code, free access to documents containing codes adopted by the building codes council, and building permits for three story homes. Effective July 1, 2009.

Local Government Matters. Act 87 (R50, H3581), a joint resolution, provides that the provisions of § 6‑27‑50, Code of Laws of South Carolina, 1976, relating to restrictions on amending or repealing provisions in the State Aid to Subdivisions Act are suspended for fiscal year 2009-2010, and to provide that for fiscal years 2008-2009 and 2009-2010 counties may transfer among appropriated state revenues as needed to ensure the delivery of services. Effective May 19, 2009.

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Military, Civil Defense & Veteran Affairs

Adjutant General. Act 61 (R113, H3749) amends § 25‑1‑380, as amended, Code of Laws of South Carolina, 1976, relating to the assistant adjutant general for the Army, so as to provide upon National Guard Bureau authorization, an additional assistant adjutant general with the rank of major general. Effective June 2, 2009.

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Mortgages & Other Liens

Landscape Service. Act 40 (R97, H3187) amends the Code of Laws of South Carolina, 1976, by adding § 29‑5‑26 so as to provide a person who provides certain landscape services may have a mechanics' lien on the real estate where the landscape services were provided, and to define landscape services; by adding § 29‑5‑15 so as to provide the manner by which a contractor must file a mechanics' lien and a penalty for filing a frivolous mechanics' lien; amends § 29‑5‑120, relating to the dissolution of liens not timely brought, so as to provide circumstances in which a mechanics' lien may be released by a court; and amends § 40‑59‑30, as amended, relating to license requirements, enforcement of contracts, and restraining orders, so as to provide a penalty for failing to register with the commission before engaging or offering to engage in the business of residential building, among other things. Effective June 2, 2009.

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Motor Vehicles

Ambulance. Act 5 (R25, S420) amends the Code of Laws of South Carolina, 1976, by adding § 56‑5‑4975 so as to provide that it is unlawful for certain persons to operate a vehicle that is upfitted as an ambulance or no longer permitted and licensed as an ambulance unless certain exterior items that distinguish it as an ambulance are removed, to provide penalties for various violations of this provision. Effective May 6, 2009.

Coosaw Pointe. Act 100 (R3, H3061) designates a certain portion of Dorchester County as Coosaw Pointe, requests the South Carolina Department of Transportation to erect signs indicating this area designated as Coosaw Pointe, and authorizes the Department of Transportation to seek reimbursement from the local county transportation committee for any incurred costs to manufacture, install, or maintain these requested signs. Effective February 25, 2009.

Donate Life South Carolina. Act 42 (R100, H3347) amends § 56‑1‑143, Code of Laws of South Carolina, 1976, relating to the Department of Motor Vehicles giving applicants for certain services the option to make a voluntary contribution to Donate Life of South Carolina, so as to increase the amount that may be donated; and amends § 56‑1‑130, as amended, relating to the Department of Motor Vehicles' examination to obtain a driver's license, so as to delete the provisions that relate to the three-wheel vehicle examination and the noncommercial endorsement to the motorcycle classification, and to provide that a basic driver's license authorizes the licensee to operate certain motorcycle three-wheel vehicles. Effective June 2, 2009.

Highway Beautification Pilot Project. Act 92 (R58, S166), a joint resolution, authorizes the Department of Transportation to design and implement an outdoor advertising control pilot project to reduce the number of nonconforming billboards throughout the state, and allows the Department to charge certain fees for the implementation and maintenance of this program. Effective June 2, 2009.

Motor Vehicle Dealers. Act 52 (R75, S630) amends the Code of Laws of South Carolina, 1976, by adding § 56‑15‑65 so as to provide that it is unlawful for a motor vehicle manufacturer, distributor, factory representative, or distributor representative to require or coerce a motor vehicle dealer to change the location of his dealership or make substantial alterations to the dealer's premises under certain circumstances; adds § 56‑15‑75 so as to provide that it is unlawful for a motor vehicle manufacturer, factory branch, distributor branch, factory representative or distributor representative to require or coerce a motor vehicle dealer to refrain from participation in the management of, investment in, or acquisition of another make or line of new motor vehicles or related products under certain circumstances; and amends § 56‑15‑90, relating to a manufacturer's, wholesaler's, distributor's or franchisor's unlawful failure to renew, terminate, or restrict the transfer of a franchise, so as to make technical changes, and to provide the factors to be considered in calculating the fair and reasonable compensation for the value of a dealership franchise. Effective June 3, 2009.

Motor Vehicle Fees. Act 19 (R44, S13) amends § 56‑3‑910, as amended, Code of Laws of South Carolina, 1976, relating to motor vehicle fees and penalties, so as to provide that all fees and penalties must be placed in the State Highway Account of the Transportation Infrastructure Bank without crediting any to the Department of Transportation or the General Fund of the State. Effective May 19, 2009.

Special License Plates. Act 39 (R95, H3134) amends § 56‑3‑9910, as amended, Code of Laws of South Carolina, 1976, relating to the issuance of gold star family special license plates, so as to revise the provisions that relate to the issuance, production and fee for this special license plate. Effective June 2, 2009.

Special License Plates. Act 65 (R119, H3944) amends § 56‑3‑8710, as amended, Code of Laws of South Carolina, 1976, relating to the issuance of NASCAR special license plates by the Department of Motor Vehicles, so as to provide that a portion of the fees collected from the sale of these license plates must be distributed to the South Carolina Association of Children's Homes and Family Services and no longer to the South Carolina Children's Emergency Shelter Foundation. Effective June 2, 2009.

Special License Plates. Act 79 (R115, H3762) amends the Code of Laws of South Carolina, 1976, by adding Article 77 to Chapter 3, Title 56 so as to provide that the Department of Motor Vehicles may issue "Our Farms-Our Future" special license plates; amends Article 45, Chapter 3, Title 56, relating to the Department of Motor Vehicles issuance of "special commemorative license plates", so as to change the name of these license plates to the "South Carolina Wildlife License Plates", to provide the procedures whereby the Department shall issue these license plates, and to provide that the "Game Protection Fund" is renamed the "Fish and Wildlife Protection Fund"; amends § 56‑3‑9910, as amended, relating to the issuance of "gold star family special license plates", so as to revise the procedures regarding the issuance and cost of these special license plates; and by adding Article 79 to Chapter 3, Title 56 so as to provide that the Department of Motor Vehicles may issue "recycling special license plates". Effective June 16, 2009.

Special License Tags. Act 24 (R56, S126) amends § 56‑3‑1910, Code of Laws of South Carolina, 1976, relating to the issuance of special license tags to certain handicapped persons, so as to define the term "handicapped", delete the term "license tag" and replace it with the term "license plate", and to revise the criteria for the issuance of the license plate; amends § 56‑3‑1950, relating to the definition of the term "handicapped", and the requirement that a licensed physician shall certify that a person's total and permanent disability substantially impairs his ability to walk, so as to revise the definition of the term "handicapped" and to delete the provision relating to the certification of a person who is totally and permanently disabled; amends § 56‑3‑1960, relating to free parking for handicapped persons, and the issuance and display of handicapped license plates and placards, so as to delete the provision that provides for the issuance of handicapped license plates, and to revise the provisions regarding the content, issuance procedure, and display of handicapped placards; amends § 56‑3‑1965, relating to municipalities designating parking spaces for handicapped persons, so as to revise the procedures that allow a handicapped person to park in metered or timed parking places without being subject to parking fees or fines; and amends § 56‑3‑2010, relating to the issuance of personalized license plates, so as to provide that a person who also qualifies is qualified to receive this license plate and a handicapped license plate may be issued a personalized license plate that includes a decal that contains the international symbol of access. Effective December 2, 2009.

Traffic Tickets. Act 1 (R15, H3463) amends § 56‑7‑20, as amended, Code of Laws of South Carolina, 1976, relating to handwritten and electronic traffic tickets, so as to delete the provisions that require electronic traffic tickets to be printed in specific colors. Effective April 7, 2009.

Vehicles. Act 60 (R112, H3678) amends § 56‑5‑4140, as amended, Code of Laws of South Carolina, 1976, relating to the maximum allowable gross weights of vehicles that may be operated along the state's highways, so as to make a technical change. Effective June 2, 2009.

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Parks, Recreation & Tourism

Heritage Trust Property. Act 12 (R43, H3856) amends § 51‑17‑85, Code of Laws of South Carolina, 1976, relating to limitations on disposition of heritage trust property, so as to exclude public infrastructure projects from the limitation. Effective May 6, 2009.

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Ports & Maritime Matters

Ports Authority. Act 73 (R64, S351) amends Article 1, Chapter 3, Title 54, Code of Laws of South Carolina, 1976, relating to the creation and organization of the South Carolina State Ports Authority, so as to further provide for its establishment and organization including provisions to clarify that the powers and duties of the authority are exercised by a board of directors, to provide that candidates for appointment must possess certain qualifications, to provide that candidates must be screened to determine whether they possess the required qualifications before they may serve on the board, to provide that members of the board may be removed from office only for certain reasons, to provide that the board must perform an annual performance review of the executive director, to establish that directors have a duty of good faith and ordinary care when discharging their duties as a director, and to prohibit conflict of interest transactions; adds Article 2 to Chapter 3, Title 54 so as to provide that the board of directors must employ an executive director of port operations and to establish the director's duty to operate the ports in a manner consistent with the mission, policies, and direction of the board;  amends § 54‑3‑140, relating to powers of the ports authority, so as to provide that the board of directors must adopt an organizational structure for authority operations, to require a long-range port development and capital financing plan, to provide that the authority must consider public-private partnerships for current and future operations, and to provide that the authority shall take reasonable steps to establish rail access to port facilities; amends § 54‑3‑1040, relating to the annual financial statement, so as to provide for the furnishing of the statement to certain officials and entities and its posting on the authority's website; adds § 54‑3‑1060 so as to provide that the authority must maintain a transaction register of all funds expended over one hundred dollars and for other requirements in regard to the register; adds Article 13 to Chapter 3, Title 54 so as to establish a review and oversight commission on the state ports authority and provide for its membership, duties, and powers; adds § 54‑3‑155 so as to provide that without prior approval from the State Budget and Control Board, the authority may not sell any real property or any buildings, terminals, or other permanent structures, excluding equipment, appurtenant to real property that are or may be used to carry out the purposes of the authority; amend § 54‑3‑110, relating to state harbors and seaports operated by the authority, so as to delete a reference to port royal and add a reference to Jasper; amends § 54‑3‑130, relating to the purposes of the authority, so as to revise references to the ports it is required to develop; adds § 54‑3‑115 so as to direct the authority to take all action necessary to expeditiously develop a port in Jasper County in a specified manner; adds § 54‑3‑117 so as to provide that the authority shall take all action necessary to expeditiously complete construction of a container terminal in North Charleston; adds § 54‑3‑118 so as to provide that it is the intent of the General Assembly that the State Ports Authority Board consider public-private partnerships with private investors that increase capital investments in port facilities and in the state of South Carolina; adds § 13‑1‑1355 so as to provide that all railroad tracks, spurs, equipment, and other specified property which are necessary for the operation of any railroad located on any 'applicable federal military installation' or 'applicable federal facility' as defined in § 12‑6‑3450 may not be transferred without the prior approval of the State Budget and Control Board; amends § 1‑3‑240, relating to the removal of officers by the Governor, so as to add the State Ports Authority to the list of entities the governing board of which may be removed by the governor only for certain reasons constituting cause; amends § 54‑3‑700, relating to cessation of marine terminal operations at Port Royal, so as to further provide for its cessation and the manner in which the Port Royal real property shall be sold; adds § 54‑3‑119 so as to provide that the State Ports Authority Board is directed to sell under those terms and conditions it considers most advantageous to the Authority and the state of South Carolina all real property it owns on Daniel Island and Thomas (St. Thomas) Island, to provide for the manner of such sale and disposition, and to provide exceptions; and to provide that the general assembly encourages discussions between interested parties and the town of Port Royal concerning the building of a boat landing north of the Broad River in Beaufort County, and to provide that funds negotiated between the town of Port Royal and the South Carolina State Ports Authority pursuant to § 54‑3‑700 should be used to build the boat landing. Effective June 16, 2009.

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Professions & Occupations

Mixed Martial Arts. Act 57 (R90, H3042) amends §§ 40‑81‑20, 40‑81‑50, 40‑81‑70, 40‑81‑230, 40‑81‑280, 40‑81‑430, and 40‑81‑480, Code of Laws of South Carolina, 1976, all relating to regulations of various athletic and sporting activities by the State Athletic Commission, so as to provide for the regulation of mixed martial arts competitions by the State Athletic Commission; adds § 40‑81‑445 so as to make the combative sport of mixed martial arts legal in South Carolina, and to provide for the manner in which the State Athletic Commission shall supervise and regulate mixed martial arts competitions; and repeals § 40‑81‑530 relating to ultimate fighting events as being unlawful. Effective June 3, 2009.

Unauthorized Practice of Law. Act 38 (R93, H3123) amends § 40‑5‑310, Code of Laws of South Carolina, 1976, relating to the prohibition against any person practicing or soliciting the cause of another person in a court of this state unless he has been admitted and sworn as an attorney, so as to provide that a person must be enrolled as a member of the South Carolina Bar pursuant to applicable court rules, or otherwise authorized to perform prescribed legal activities by action of the Supreme Court of South Carolina in order to either practice law or solicit the legal cause of another, and to provide that the type of conduct that is the subject of any charge filed pursuant to this section must have been defined as the unauthorized practice of law by the Supreme Court of South Carolina prior to any charge being filed. Effective June 2, 2009.

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Public Finance

Consolidated Procurement Code. Act 72 (R55, S116) amends § 11‑35‑310, as amended, Code of Laws of South Carolina, 1976, relating to definitions for purposes of the Consolidated Procurement Code, so as to delete the definition for "office"; amends § 11‑35‑1524, as amended, relating to vendor preferences, so as to provide for preferences for end products from South Carolina and from the United States and for contractors and subcontractors who employ individuals domiciled in South Carolina, to define certain terms, provide for eligibility requirements for the preferences, provide for application for the preferences and penalties for false application, and to make exceptions to the preferences; amends § 11‑35‑40, as amended, relating to compliance with federal requirements, so as to provide for compliance with the Consolidated Procurement Code; amends § 11‑35‑3215, relating to contracts for design services, so as to provide for a resident preference; and repeals § 11‑35‑3025 relating to approval of change orders in connection with certain contracts. Effective June 16, 2009 and applies to solicitations issued after that date; except that Sections 1, 2, and 4 of this Act take effect upon and apply to solicitations issued after the first Monday in September following approval.

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Public Officers & Employees

Organ Donors. Act 29 (R63, S345) amends § 8‑11‑65 of the 1976 Code, relating to leaves of absence to be an organ donor, to provide that the number of days a person may miss each year to donate their organs shall be counted in a calendar year instead of a fiscal year; amends § 8‑11‑120, relating to the posting of job vacancies before the vacancy is filled, to revise and simplify the requirements for the notice; adds § 8‑11‑33, so as to provide certain circumstances under which a state employee’s pay may be withheld; amends § 8‑11‑196, as amended, relating to hiring employees to fill temporary grant positions, so as to apply certain provisions of this section to all state agencies rather than only to public institutions or higher education; and authorizes the State Office of Human Resources to amend policies, regulations, and processes as needed to implement and transition to the South Carolina Enterprise Informational System. Effective June 2, 2009.

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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.

State Agency Mandatory Furlough Terms. Act 8 (R33, H3378) amends the Code of Laws of South Carolina, 1976, by adding § 8‑11‑192 so as to provide for the terms and conditions of mandatory state agency furlough programs, to require certain consultation and guidance services by the Office of Human Resources of the State Budget and Control Board, and to delete the provisions of Paragraph 89.120, Part IB, of Act 310 of 2008, relating to state agency furloughs. Effective May 6, 2009.

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Public Utilities, Services & Carriers

Customer Choice and Technology Investment Act. Act 7 (R32, H3299) amends § 58‑9‑576, as amended, Code of Laws of South Carolina, 1976, relating to election by and duties of the local exchange carrier and alternative forms of regulation, so as to enact the "Customer Choice and Technology Investment Act of 2009", and to provide for the continued regulation by the Public Service Commission of certain local exchange carriers when providing certain telecom services, and to allow other local exchange carriers to opt out of regulation when providing certain services. Effective May 6, 2009.

Western Carolina Regional Sewer Authority. Act 102 (R9, S449) changes the name of the Western Carolina Regional Sewer Authority to Renewable Water Resources. Effective April 7, 2009.

Western Carolina Regional Sewer Authority. Act 103 (R16, H3556) changes the name of the Western Carolina Regional Sewer Authority to Renewable Water Resources. Effective April 7, 2009.

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Social Services

Childcare Centers. Act 90 (R53, H3914), a joint resolution, directs the Department of Social Services to keep in effect certain childcare center staff-child ratio regulations. Effective May 19, 2009.

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Sundays & Holidays

Christmas Eve. Act 33 (R76, S668) amends § 53‑5‑10, as amended, Code of Laws of South Carolina, 1976, relating to legal holidays, so as to include the twenty-fourth day of December as a legal holiday; and repeals § 53‑5‑20 relating to Christmas Eve declared as a holiday for state employees. Effective June 2, 2009.

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Taxation

Capital Projects Sales and Use Tax Act. Act 84 (R4, H3232), a joint resolution, to change the certification date for the result of a Capital Projects Sales and Use Tax Act referendum held at the time of the 2008 general election from no later than November 30, 2008, to no later than December 11, 2008. Effective February 25, 2009.

Clarendon County. Act 97 (R83, S758) amends Act 355 of 2004, relating to the one percent sales and use tax within Clarendon County, to allow revenues of the tax to be used to ensure the delivery of academic and art instruction during the 2009-2010 and 2010-2011 school years. Effective June 16, 2009.

Local Option Tourism Development Fee Act. Act 3 (R11, S483) amends the Code of Laws of South Carolina, 1976, by adding Article 9 to Chapter 10, Title 4 enacting the "Local Option Tourism Development Fee Act" so as to allow a municipality located in a county in which at least fourteen million dollars of state accommodations tax revenues have been collected in a fiscal year to impose a fee not to exceed one percent of amounts subject to tax pursuant to Chapter 36, Title 12, the South Carolina Sales and Use Tax Act, for not more than ten years, to provide that the municipality may impose the fee by ordinance or by referendum in the municipality, to provide for the administration of the fee, and to provide uses for which the fee revenue must be applied, including tourism promotion, property tax rollback, and capital projects promoting tourism causes. Effective April 9, 2009.

Internal Revenue Code. Act 16 (R40, H3721)  amends § 12‑6‑40, as amended, Code of Laws of South Carolina, 1976, relating to the application of the Internal Revenue Code to state tax laws, so as to update the reference to the Internal Revenue Code to the year 2008; amends § 12‑6‑50, as amended, relating to Internal Revenue Code sections not adopted by state law, so as to make additions; and provides that a taxpayer who follows Section 3094 of the Federal Housing Economic Recovery Act of 2008, for South Carolina purposes must not be penalized. Effective May 7, 2009.

Property Tax. Act 88 (R60, S278), a joint resolution, allows the governing body of a county by resolution adopted by majority vote to allow county officials charged with collecting taxes on real property for property tax years 2008 and 2009 to waive or reduce the penalties for late payments, and would provide that the resolution must provide the terms and conditions under which the waiver or reduction applies. Effective June 2, 2009.

Property Tax Exemption. Act 45 (R103, H3482) amends § 12‑37‑220, as amended, Code of Laws of South Carolina, 1976, relating to property tax exemptions, so as to exempt from property tax all personal property, including aircraft, of a company engaged in air transport of specialized cargo. Effective June 2, 2009 and applies for property tax years beginning after 2006.

Property Tax Exemptions. Act 76 (R88, H3018) amends § 12‑37‑220, as amended, Code of Laws of South Carolina, 1976, relating to property tax exemptions, so as to exempt from property tax the value of improvements to real property consisting of a newly constructed detached single family home through the earlier of the property tax in which the home is sold or otherwise occupied, or the sixth property tax year ending December thirty-first after the home is completed and a certificate for occupancy issued thereon if required and to provide the method of applying for the exemption; and amends § 12‑43‑220, as amended, relating to classifications and valuation of property for purposes of property tax, so as to revise an eligibility requirement to receive the four percent assessment ratio for owner-occupied residential property. Effective June 16, 2009 and Section 1 applies for single family homes completed and, if requires, a certificate of occupancy issued thereon after 2006. No refunds are allowed for property tax years 2007 and 2008 as a result of the exemption allowed pursuant to this Act.

S.C. Taxation Realignment Commission. Act 81 (R121, S12) establishes the South Carolina Taxation Realignment Commission, to provide for the Commission's membership, powers, duties, and responsibilities, to provide that the Commission shall conduct a comprehensive study of the state's tax system and submit a report of its recommended changes to further the goal of maintaining and enhancing the state as an optimum competitor in the effort to attract businesses and individuals to locate, live, work, and invest in the state, to provide a schedule of reporting and require the Commission to conclude its business by January 1, 2011, unless extended by law, to provide for procedures governing the consideration of legislation resulting from the Commission's recommendations, to limit receipt by the Commission of information from lobbyists to formal presentations to the Commission in a scheduled meeting and provide a penalty for violations; and amends Act 388 of 2006, relating to taxation, so as to delete provisions establishing the Joint Sales Tax Exemptions Review Committee. Effective June 30, 2009.  

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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
Clemson University- State Crop Pest Commission

Light Brown Apple Moth Quarantine 

4052

SR33-5

Phytophthora Ramorum Quarantine

4062

SR33-6

Education, State Board of

Operation of Public Pupil Transportation Services

3209

SR33-3

Use and Dissemination of Test Results

4049

SR33-6

Insurance, Department of

Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values

4035

SR33-4

Pilotage, Commissioners of

Enforcement of Pilot Statutes and Maritime Homeland Security

4053

SR33-5

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