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This issue of the Legislative Update is a comprehensive review of all legislation passed by the General Assembly during the 2010 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.gov. The South Carolina Code of Laws is available at this site as well.


Administration of the Government

Marsh Tacky. Act 240 (R307, S. 1030) amends the Code of Laws of South Carolina, 1976, by adding § 1‑1‑714 so as to designate the marsh tacky as the Official State Heritage Horse of South Carolina, and by adding § 1‑1‑714(a) so as to designate the mule as the Official State Heritage Work Animal of South Carolina. Effective June 11, 2010.

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Aeronautics

Airports and Landing Fields. Act 288 (R323, H. 4187) amends § 55‑9‑190, as amended, Code of Laws of South Carolina, 1976, relating to the powers of an entityto establish an airport or landing field or to acquire, lease, or set apart property for that purpose, so as to delete a provision that limits the term of a lease of airports or landing fields to private parties for operation and a provision that limits the term that an entity may assign to private parties the operation space, area, improvements and equipment on an airport or landing field. Effective July 19, 2010.

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Agriculture

Agritourism. Act 236 (R294, S. 104) amends Title 46 of the 1976 Code, relating to agriculture, by adding Chapter 53, so as to provide that an agritourism professional is not liable for an injury to or death of a participant resulting from an inherent risk of an agritourism activity or loss or damages to the participant resulting there from, under certain conditions, to provide for the extent of the liability provided and the defenses which may be pled, to provide that an agritourism professional must post a warning notice where the agritourism activities are conducted, provide that warning notices must be included in contracts the agritourism professional enters into with participants, and provide that the agritourism professional's liability is not limited if the proper warning notices are not provided to participants or warning signs posted. This Act takes effect September 1, 2010, and shall only apply to causes of action arising after that date.

Animal facility waste management training and certification program. Act 262 (R332, H. 4589) amends § 46‑7‑110, Code of Laws of South Carolina, 1976, relating to animal facility waste management training and certification programs, so as to exempt cattle stockyard owners and operators from these training and certification requirements. Effective June 10, 2010.

Seed Arbitration. Act 288 (R275, H. 3964) amends the Code of Laws of South Carolina, 1976, by adding Article 13 to Chapter 21, Title 46 so as to update and clarify seed arbitration procedures; amends Article 1, Chapter 21, Title 46, relating to general provisions of seed and plant certification, so as to replace obsolete definitions, to revise enforcement mechanisms, to clarify licensing procedures, and to provide exemptions; amends Article 3, Chapter 21, Title 46, relating to labels and tags regarding seeds and plants, so as to revise the labeling requirements for seed products, and to impose additional prohibitions; amends Article 5, Chapter 21, Title 46, relating to analysis and tests regarding seeds and plants, so as to delete redundant provisions, to provide that Department of Agriculture officials shall have access to seed records and samples, to provide that seed records shall be maintained for two years, and to clarify who is entitled to free seed testing at the state seed laboratory; amends Article 7, Chapter 21, Title 46, relating to withdrawal, confiscation, and sale of seeds and plants, so as to increase penalties for violations from a maximum of one hundred dollars for each violation to one thousand dollars for each violation, to clarify the role of the Attorney General in prosecuting violations, and to provide for injunctive relief to prevent violations; amends Article 9, Chapter 21, Title 46, relating to seed and plant certification, so as to clarify Clemson University's seed and plant certification authority; and repeals Article 11, Chapter 21, Title 46 relating to seed Irish potatoes in Charleston County. This Act takes effect upon approval by the Governor and applies to all claims or actions arising after that date.

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Alcohol & Alcoholic Beverages

Beer and Wine. Act 259 (R328, H. 4516) amends § 61‑4‑550, Code of Laws of South Carolina, 1976, relating to special permits for the sale of beer and wine, so as to allow nonprofit organizations to acquire permits for a limited duration under certain circumstances and limitations; amends § 61‑4‑240, relating to temporary permits for the possession, consumption, or sale of beer or wine, so as to remove a reference to § 61‑6‑510; amends § 61‑6‑2000, relating to special permits for the sale of alcoholic liquors, so as to allow nonprofit organizations to acquire permits for a limited duration under certain circumstances and limitations; and repeals § 61‑6‑510 relating to temporary permits for the sale of alcoholic liquors for nonprofit organizations. This Act takes effect upon approval by the Governor and applies to applications for special functions beginning on January 1, 2011.

Beer Tasting. Act 231 (R281, H. 4572) amends § 61‑4‑940, Code of Laws of South Carolina, 1976, relating to practices between manufacturers, wholesalers, and retailers of beer and other malt beverages, so as to allow wholesalers of beer to temporarily store equipment used in delivery of beer with the retailer with his consent and to authorize wholesalers of beer to supply retail dealers of beer with displays that are allowed by federal regulations; adds § 61‑4‑1515 so as to allow a brewery to offer beer tastings under certain conditions and to provide for the payment of appropriate taxes; and adds § 61‑4‑960 so as to allow holders of retail permits that authorize the sale of beer or wine for off-premises consumption to hold a limited number of beer tastings at the retail location each year under certain circumstances. Effective June 7, 2010.

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Animals, Livestock & Poultry

Pet Inoculating. Act 173 (R206, S. 328) amends § 47‑5‑60, Code of Laws of South Carolina, 1976, relating to inoculating pets against rabies, so as to provide that these inoculations must be administered by a licensed veterinarian or someone under the direct supervision of a licensed veterinarian. Effective May 20, 2010.

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Appeals

Appeals from Magistrates Court. Act 269 (R347, H. 4215) amends § 18‑3‑30, Code of Laws of South Carolina, 1976, relating to the appeal of a decision of a magistrate, so as to provide that an appellant must file a notice of appeal with the clerk of the circuit court and serve notice upon the designated agent for the prosecuting agency or attorney who prosecuted the charge in addition to the magistrate who tried the case. Effective June 24, 2010.

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Children's Code

Adoption. Act 160 (R187, S. 1172) makes comprehensive revisions relating to family preservation, termination of parental rights, placement plans, permanency planning and adoption so as to expedite the reunification of families or the placement of children in permanent adoptive homes. Effective May 12, 2010.

Child Abuse. Act 252 (R316, H. 3779) amends § 63‑7‑1620, Code of Laws of South Carolina, 1976, relating to the legal representation of children and the appointment of guardians ad litem in abuse and neglect proceedings, so as to provide that children must be appointed a guardian ad litem and may be appointed legal counsel, that attorneys must be appointed for guardians ad litem in the South Carolina Guardians Ad Litem Program and in Richland County CASA, and that legal counsel appointed for a child must not be the same counsel as counsel for the child's guardian ad litem. Effective June 11, 2010.

Child Abuse Allegations. Act 227 (R273, H. 3800) amends § 63‑7‑310, Code of Laws of South Carolina, 1976, relating to persons required to report abuse or neglect of a child, so as to include a school attendance officer, foster parent, juvenile justice worker, and volunteer non-attorney guardian ad litem serving on behalf of the South Carolina Guardian Ad Litem Program or on behalf of Richland County CASA as among the people who must report certain allegations of child abuse or neglect, and to encourage other people, including but not limited to a volunteer non-attorney guardian ad litem serving on behalf of the South Carolina Guardian Ad Litem Program or on behalf of Richland County CASA, to report this abuse. Effective June 8, 2010.

Childcare Operators and Caregivers. Act 292 (R353, S. 348) amend the Code of Laws of South Carolina, 1976, by adding § 63‑13‑825 so as to require family childcare operators and caregivers annually to complete a minimum of two hours of training approved by the Department of Social Services and to require the Department to post on its website homes that are in compliance with this training requirement and those that are not; and amends § 16‑3‑740, as amended, relating to testing criminal offenders for sexually transmitted diseases when a crime victim has been exposed to bodily fluids during the commission of the crime, so as to establish a forty-eight hour time frame within which the solicitor must petition the court to have the offender tested when the victim has made such request. Effective August 27, 2010.

Family Court. Act 154 (R180, S. 170) amends the Code of Laws of South Carolina, 1976, by adding § 63‑17‑385 so as to require the family court to issue a rule to show cause upon the filing of a petition and an affidavit that a parent has failed to pay court-ordered support, other than periodic child support payments, for a child; to provide for the contents of the affidavit and to require Court Administration to prepare and make the affidavit form available to petitioners; to specify other documents and information that may accompany the affidavit; to establish the burden of proof; to require the petitioner to be present at the hearing; and to provide circumstances under which attorney's fees and litigation costs may be awarded. Effective July 22, 2010.

Grandparent Visitation. Act 267 (R342, S. 981) amends § 63‑3‑530, Code of Laws of South Carolina, 1976, relating to the jurisdiction of the family court, to order visitation for grandparents, so as to provide that the court may order grandparent visitation if the court finds that the child's parents are unreasonably depriving the grandparent visitation with the child and have denied visitation for more than ninety days, that the grandparent maintained a relationship with the child similar to a parent-child relationship, that awarding visitation would not interfere with the parent-child relationship, and that the parents are unfit or that there are compelling circumstances to overcome the presumption that the parental decision is in the child's best interest; to authorize the judge to award attorney's fees to the prevailing party; and to define "grandparent". Effective June 24, 2010.

Guardian Ad Litem Program. Act 202 (R235, S. 1379) amends § 63‑11‑500, Code of Laws of South Carolina, 1976, relating to the South Carolina Guardian Ad Litem Program, so as to honor the memory of Cass Elias McCarter by naming the program the Cass Elias McCarter Guardian Ad Litem Program. Effective June 3, 2010.

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Civil Remedies & Procedures

Attorney Fees. Act 125 (R124, S. 186) amends § 15‑77‑300, Code of Laws of South Carolina, 1976, relating to allowance of attorney's fees in state-initiated actions, so as to limit attorney's fees to a reasonable time expended at a reasonable rate and to provide factors that must be considered in making this determination. Effective February 24, 2010.

Gas. Act 155 (R181, S. 196) amends the Code of Laws of South Carolina, 1976, by adding § 15‑3‑690 so as to provide a liquefied petroleum gas dealer is immune from civil liability for an injury or damage proximately caused by a liquefied petroleum gas system or gas burning appliance in certain circumstances, to provide certain definitions, and to limit applicability of the section; and amends § 40‑82‑270, relating to the requirement to notify a propane supplier before beginning work on a system supplied by a liquefied petroleum gas supplier, so as to provide a consumer, owner, end user, or person who alters or modifies his liquefied petroleum gas equipment, gas burning appliance, or system installed by a licensed dealer must notify the licensed dealer who next fills or otherwise services his liquefied petroleum gas system that this work has been performed, to provide the licensed dealer must notify their customers in writing at least once annually of the customer's statutory obligation of notification in regard to modifications to their propane appliances or systems, and to provide this notice to customers should be provided in a separate and distinct disclosure and not a part of other safety literature given to customers. This Act takes effect upon approval by the Governor, and applies to any cause of action arising on or after the effective date.

Mortgage Foreclosure Actions. Act 164 (R194, H. 3720) amends § 15‑9‑720, Code of Laws of South Carolina, 1976, relating to service on unknown parties by publication in certain actions concerning real property, so as to provide for service of all court-required documents by publication and, further, in an action involving multiple units in a single horizontal property regime, for service by publication by consolidating the services into a single service that identifies each apartment included in the action based on the apartment's description in the master deed. Effective May 12, 2010.

Uniform Interstate Depositions and Discovery Act. Act 132 (R138, S. 21) amends the Code of Laws of South Carolina, 1976, by adding Chapter 47 to Title 15 so as to enact the "Uniform Interstate Depositions and Discovery Act", to provide an efficient and inexpensive procedure for litigants to depose out-of-state individuals and for the production of discoverable materials that may be located out of state. Effective March 30, 2010 and applies to requests for discovery in cases pending on that date.

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Constitutional

Amendment Ratification. Act 208 (R285, S. 144) ratifies an amendment to Section 33, Article III of the Constitution of South Carolina, 1895, relating to the provision providing that no unmarried woman under the age of fourteen years old may legally consent to sexual intercourse, so as to delete that provision. Effective June 2, 2010.

General Reserve Fund. (R172, H. 3396), a joint resolution, proposes an amendment to Section 36, Article III of the Constitution of South Carolina, 1895, relating to the General Reserve Fund and the Capital Reserve Fund, so as to increase from three to five percent in increments of one-half of one percent over four fiscal years the amount of State General Fund revenue in the latest completed fiscal year required to be held in the General Reserve Fund and the manner the five percent requirement shall be maintained; and proposes another amendment to Section 36, Article III of the Constitution of this State, relating to the General Reserve Fund and the Capital Reserve Fund, so as to provide that monies in the Capital Reserve Fund in any year the General Reserve Fund does not have the required percentage of General Fund Revenue first must be used to fully replenish the applicable percentage amount in the General Reserve Fund before being used for other authorized purposes which does not include offsetting midyear budget reductions. Effective April 20, 2010.

Secret Ballots. (R157, H. 3305), a joint resolution, proposes an amendment to Article II of the Constitution of South Carolina, 1895, relating to the right of suffrage, by adding Section 12 so as to guarantee the right of an individual to vote by secret ballot for a designation, a selection, or an authorization for employee representation by a labor organization. Effective March 25, 2010.

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Consumer Protection Code

Motor Vehicle Dealers. Act 172 (R203, H. 4607) amends the Code of Laws of South Carolina, 1976, by adding § 37‑2‑308 so as to define necessary terms and provide procedures that must be followed by motor vehicle dealers in advertisements made in the course of soliciting for the sale or lease of motor vehicles; and amends § 37‑6‑108, as amended, relating to administrative enforcement orders, so as to provide penalties for motor vehicle dealers who violate the provisions of § 37‑2‑308. Effective January 1, 2011.

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Contracts & Agents

Cremation. Act 221 (R289, S. 1028) amends § 32‑8‑320, Code of Laws of South Carolina, 1976, relating to persons who may serve as a decedent's agent to authorize cremation, so as also to permit a person named in the decedent's Department of Defense record of emergency data form (DD Form 93), or its successor form, to authorize cremation if the decedent died while serving in any branch of the United States Armed Services and there is no known designation in the will or other verified and attested document of the decedent; and amends § 40‑19‑280, as amended, relating to, among other provisions, the requirement of contact with the next-of-kin or other persons responsible for funeral arrangements before a decedent's remains may be removed to a funeral establishment, so as to include a person named by the decedent in his DD Form 93 as a person required to be contacted if the decedent died while serving in any branch of the United States Armed Services. Effective June 8, 2010.

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Corporations, Partnerships & Associations

Nonprofit Organizations. Act 220 (R288, S. 1014) amends § 33‑31‑1402, Code of Laws of South Carolina, 1976, relating to dissolution of nonprofit corporations by directors, members, and third persons, so as to provide that before the Secretary of State may accept for filing articles of dissolution of an existing nonprofit organization executed by a person authorized by this section to take such action, the Secretary of State shall require this person to attach an affidavit to the filing where the person under oath subject to a penalty of perjury certifies that he holds the requisite authority to take such action; and amends § 33‑31‑1403, relating to notices to the attorney general in regard to the dissolution of specified nonprofit corporations, so as to revise certain references and provide that the nonprofit organization shall submit to the Secretary of State copies of all documents provided to the attorney general at the time of the filing of the articles of dissolution. Effective June 8, 2010.

Professional Fundraising Counsel. Act 156 (R183, S. 652) amends the Code of Laws of South Carolina, 1976, by adding § 33‑56‑75 so as to provide that a list of contributors to a solicitation campaign conducted by a professional fundraising counsel or solicitor is the property of the charitable organization for whom the campaign is conducted; to require a professional fundraising counsel or solicitor receiving contributions on behalf of the charitable organization to deliver the list of contributors following the campaign to the charitable organization; to prohibit the professional fundraising counsel or solicitor from withholding the list, restricting the charitable organization's use of the list, or providing the list or use of the list to anyone other than the charitable organization; to provide administrative fines and sanctions to be imposed by the Secretary of State against a professional fundraising counsel or solicitor in violation of this Act; and to provide an exemption for certain political campaigns; and to amend § 33‑56‑160, relating to administrative fines and fees collected under the South Carolina Solicitation of Charitable Funds Act, so as to provide that fines collected pursuant to § 33‑56‑75 may not be retained by the Secretary of State but must be deposited with the State Treasurer in a separate fund to be used to administer § 33‑56‑75. This act takes effect upon approval by the Governor and applies to all transactions or contracts entered into on or after that date.

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Corrections, Jails, Probations, Paroles & Pardons

Execution Team. Act 203 (R249, S. 329) amends the Code of Laws of South Carolina, 1976, by adding § 24‑3‑580 so as to prohibit the disclosure under certain circumstances of the identity of members of an execution team and to allow for civil penalties for a violation of the section, and by adding § 24‑3‑590 so as to prohibit licensing agencies from taking any action to revoke, suspend, or deny a license to any person solely for his participation on an execution team. Effective June 7, 2010.

Local Detention Facility Mutual Aid and Assistance Act. Act 237 (R295, S. 217), comprehensive legislation, makes technical changes to Title 24 of the South Carolina Code of Laws, relating to the detention of persons in local detention facilities. Substantive changes are made to local detention facility procedure, including, but not limited to: necessary consent as to the decisions of when and where to house a prisoner, authority within the Department of Corrections to suppress riots and investigate misconduct, examinations by medical personnel, and when local detention facilities are allowed to charge to house and inmate. Effective June 11, 2010.

Reduction of Recidivism Act. Act 151 (R140, S. 191) amends the Code of Laws of South Carolina, 1976, by enacting the "South Carolina Reduction of Recidivism Act of 2010" so as to provide law enforcement officers with the statutory authority to reduce recidivism rates, apprehend criminals and protect potential victims from criminal enterprises by authorizing warrantless searches and seizures of probationers and parolees; amends § 63‑19‑1820, relating to the Board of Juvenile Parole, so as to provide that before a juvenile may be conditionally released, the juvenile must agree to be subject to search or seizure with or without a search warrant and with or without cause; amends § 63‑19‑1850, relating to conditional release, so as to provide that before a juvenile may be conditionally released, the juvenile must agree to be subject to search or seizure with or without a search warrant and with or without cause; amends § 24‑19‑110, relating to the procedure for conditional release of youthful offenders, so as to provide that before a youthful offender may be conditionally released, the youthful offender must agree to be subject to search or seizure with or without a search warrant and with or without cause; amends § 24‑13‑710, relating to the guidelines, eligibility criteria, and implementation of a supervised furlough program, so as to provide that before an inmate may be released on supervised furlough, the inmate must agree to be subject to search or seizure with or without a search warrant and with or without cause; amends § 24‑13‑720, relating to inmates who may be placed within certain programs, so as to provide that before an inmate may be released on supervised furlough, the inmate must agree to be subject to search or seizure with or without a search warrant and with or without cause; amend § 24‑13‑1330, relating to an eligible inmate's agreement to terms and conditions, so as to provide that before an inmate may be released on parole, the inmate must agree to be subject to search or seizure with or without a search warrant and with or without cause; amends § 24‑21‑410, relating to the court being authorized to suspend imposition of sentence for probation after conviction, so as to provide that before a defendant may be placed on probation, the defendant must agree to be subject to search or seizure with or without a search warrant based on reasonable suspicions; amends § 24‑21‑430, relating to the conditions of probation, so as to provide that the conditions imposed must include the requirement that the probationer must permit search or seizure with or without a search warrant based on reasonable suspicions; amends § 24‑21‑560, relating to community supervision programs, so as to provide that the conditions of participation must include the requirement that the offender must permit search or seizure with or without a search warrant; amends § 24‑21‑640, relating to the circumstances warranting parole, so as to provide that before an inmate may be released on parole, the inmate must agree to search and seizure with or without a search warrant and with or without cause; and amends § 24‑21‑645, relating to the order authorizing parole, so as to provide that the conditions of parole must include the requirement that the parolee must permit search or seizure with or without a search warrant and with or without cause. Effective April 28, 2010.

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Counties

Employee Furlough Program. Act 283 (R322, H. 4172) amends the Code of Laws of South Carolina, 1976, by adding § 4‑1‑180 so as to provide for the manner in which a county governing body may institute an employee furlough program, and to provide that the provisions of this section do not preclude a county from implementing other furlough programs not in conformity with the requirements of this section. Effective June 16, 2010.

Industrial Development Projects. Act 191 (R188, S. 1131) amends § 4‑29‑67, as amended, Code of Laws of South Carolina, 1976, relating to industrial development projects requiring a fee in lieu of property taxes agreement, so as to add certain definitions, to further provide for the minimum level of investment for a qualified nuclear plant facility, to provide for the timeline when the sponsor must enter into an initial lease agreement with the county in regard to a qualified nuclear plant facility, and the timelines when the sponsor must meet minimum investment requirements in the case of a qualified nuclear plant facility and place the project into service; amends § 12‑44‑30, as amended, relating to definitions in regard to the fee in lieu of tax simplification act, so as to revise certain definitions and add certain definitions; and amends § 12‑44‑40, as amended, relating to the required fee agreement between the sponsor and the county under the fee in lieu of Tax Simplification Act, so as to provide the time within which a sponsor has to enter into a fee agreement in regard to a qualified nuclear plant facility. Effective May 12, 2010.

Local Option Tourism Development Fee. Act 130 (R133, H. 4310) amends § 4‑10‑970, Code of Laws of South Carolina, 1976, relating to uses allowed for revenues of the local option tourism development fee, so as to allow amounts up to twenty percent of the revenue to be used for property tax relief for owner-occupied residential property and for tourism-related capital projects beginning in the second rather than the third year of imposition of the fee, to require the amounts used for these purposes to be retained by the municipality with at least twenty percent of the amount retained used as a credit against the property tax liability of owner-occupied residential property and provide for the calculation of the credit, to provide for the use of credits in excess of the municipal property tax liability, and to provide reporting requirements. Effective February 25, 2010.

South Carolina Economic Development Competitiveness Act of 2010. Act 290 (R351, H. 4478) implements a number of private sector recommendations for fostering an economic development climate in the state to attract global business and industry development. Among numerous other revisions, this Act brings greater uniformity to jobs tax credits, investment tax credits, revitalization agreements, and numerous other economic development incentive tools. Unless otherwise provided specifically herein, this Act takes effect on January 1, 2011, except for SECTION 6, SECTION 8, SECTION 9, SECTION 15, SECTION 25, SECTION 26, SECTION 27, SECTION 28, and SECTIONS 37 and 38 which take effect upon approval by the Governor.

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Courts

Jury Service. Act 187 (R230, S. 1300) amends § 14‑7‑845, as amended, Code of Laws of South Carolina, 1976, relating to postponement of jury service for students and school employees, so as to provide that public or private school employees and other delineated persons responsible for the education or instruction of a child may request a postponement of jury service; and amends § 14‑7‑860, as amended, relating to excusal of jurors for good cause, so as to clarify that the application for excusal from jury service be in the form of an affidavit. Effective May 28, 2010.

Register of Deeds. Act 229 (R279, H. 4505) amends § 14‑1‑214, Code of Laws of South Carolina, 1976, relating to payment of fines, fees, and court costs by credit or debit card, so as to include registers of deeds in the list of persons associated with the courts who may accept payment by credit or debit card. Effective June 7, 2010.

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Crimes & Offenses

Archaeological Resource. Act 255 (R321, H. 4129) amends the Code of Laws of South Carolina, 1976, by adding § 16‑11‑780 so as to provide it is unlawful for a person to willfully, knowingly, or maliciously enter upon the lands of another or the posted lands of the state and disturb or excavate a prehistoric or historic site for the purpose of discovering, uncovering, moving, removing, or attempting to remove an archeological resource, and to provide each such entry and act of disturbance or excavation constitutes a separate and distinct violation, to provide certain related definitions, to provide a court may call upon the state archeologist to provide certain evidence related to the value of an archaeological resource, to provide misdemeanor penalties and a felony penalty for violations, to provide certain equipment and conveyances used in connection with a felony violation of this section are subject to forfeiture, and to provide equipment and conveyances subject to this forfeiture may be forfeited by any law enforcement officer as provided in this section, subject to certain requirements, to provide a civil cause of action to an affected landowner for a violation, and to provide exceptions; amends § 16‑17‑600, as amended, relating to the destruction or desecration of human remains or repositories of human remains, so as to apply the section to Native American burial grounds or burial mounds, and to provide a person who owns or has an interest in caring for the property, in the case of private lands, or the state, in the case of state lands, may bring a civil cause of action for a violation of this section to recovery damages, the cost of restoration and repair of the property, attorney's fees, and court costs. Effective June 11, 2010.

Criminal Sexual Conduct. Act 265 (R339, S. 107) amends the Code of Laws of South Carolina, 1976, by adding § 16‑3‑755 so as to define necessary terms, create levels of sexual battery with a student offenses, provide penalties, and provide an exception for persons lawfully married. Effective June 24, 2010.

Health Care Providers. Act 241 (R308, S. 1120) amends the Code of Laws of South Carolina, 1976, by adding § 16‑3‑1360 so as to prohibit health care providers from engaging in debt collection activities relating to medical and psychological treatment received in connection with a claim for compensation of a victim of crime until an award is made or a claim is denied or ninety days have passed since the health care provider received notice of the claim and to stay the statute of limitations for the collection of this debt under certain circumstances. Effective June 11, 2010.

Omnibus Crime Reduction and Sentencing Reform Act of 2010. Act 273 (R262, S. 1154), comprehensive legislation, provides for consistency in sentencing classifications, proportional punishments for the offenses committed, reduction of recidivism, cost-effective prison release and incentive-based strategies for alternatives to incarceration, evidence-based practices in which to make better use of the Department of Probation, Parole and Pardon Services, oversight revisions to fiscal impact statements, and a committee to provide oversight of the implementation of the Sentencing Reform Commission recommendations. See Act for effective date.

Solicitors. (R301, S. 692), a joint resolution, extends the deadline requiring all circuit solicitors to have a traffic education program in effect from July 1, 2009, as provided in Act 176 of 2008, to July 1, 2011. Effective June 11, 2010.

Trafficking in Persons. Act 289 (R324, H. 4202) amends § 16‑1‑60, as amended, Code of Laws of South Carolina, 1976, relating to violent crimes, so as to add certain offenses to the list of violent crimes including trafficking in persons; amends § 16‑1‑90, relating to crime classification, so as to add trafficking in persons to the list of Class A felonies and deletes § 16‑3‑930 from the list of Class D felonies; amends § 16‑3‑20, as amended, relating to murder, so as to add trafficking in persons to list of statutory aggravating circumstances for which a person may receive the death penalty; amends § 16‑3‑652 and § 16‑3‑655, as amended, relating to criminal sexual conduct in the first degree and criminal sexual conduct with a minor, respectively, both so as to add trafficking in persons to the purview of the statute; amends § 17‑25‑45, as amended, relating to two strikes/three strikes for repeat offenders of most serious and serious offenses, so as to add certain crimes to the delineated list of most serious offenses including trafficking in persons; amends § 23‑3‑430, as amended, and § 23‑3‑490, relating to the Sex Offender Registry and public inspection of the Sex Offender Registry, respectively, both so as to add trafficking in persons to the delineated list of offenses under certain circumstances; amends § 23‑3‑535 and § 23‑3‑540, both as amended, relating to limitations on sex offenders and electronic monitoring of sex offenders, respectively, both so as to add trafficking in persons to the delineated list of offenses under certain circumstances; and amends § 44‑53‑370, as amended, relating to distribution and trafficking in certain drugs, so as to add trafficking in persons to the delineated list of offenses. Effective June 11, 2010.

Victim Assistance Program. Act 293 (R354, H. 4225) amends § 16‑3‑1400, as amended, Code of Laws of South Carolina, 1976, relating to definitions for purposes of the article on the victim assistance program, so as to provide that the term "victim service provider" does not include a municipal court judge, magistrates court judge, circuit court judge, special circuit court judge, or family court judge. Effective August 27, 2010.

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Criminal Procedures

Criminal Records. Act 167 (R197, H. 4205) amends § 17‑1‑40, as amended, Code of Laws of South Carolina, 1976, relating to destruction of criminal records when a charge is dismissed or the person is found innocent, so as to provide that the provisions of the section do not apply to certain offenses involving violations of boating and driving laws, certain enactments pursuant to the authority of counties and municipalities, and other state criminal offenses if the violator is not fingerprinted; and to allow for the electronic transmission of information with regard to this section. Effective May 12, 2010.

Coroners. Act 222 (R238, H. 3536) amends § 17‑5‑130, Code of Laws of South Carolina, 1976, relating to the qualifications of coroners, so as to increase those qualifications by requiring those persons to have obtained certain levels of education combined with varying degrees of experience in the field, to require that a candidate for coroner file a sworn affidavit with the county executive committee of the person's political party under specified time frames, to provide for the filing of the affidavit by petition candidates, and to delineate the information that the affidavit must contain; and adds § 17‑15‑115 so as to provide conditions upon which a deputy coroner may be trained to enforce the laws and retain his law enforcement status. Effective March 1, 2011.

Law Enforcement. Act 270 (R348, H. 4256) amends § 17‑30‑125, Code of Laws of South Carolina, 1976, relating to incidences when the supervising agent of a law enforcement agency may order certain persons to cut, reroute, or divert telephone lines for certain purposes, so as to define "attorney general" and "SLED", to include threatening a critical infrastructure as an incident covered by this section, and to provide that certain SLED employees may issue an administrative subpoena to a telephone company, internet service provider, or another communications entity when there is reasonable cause to believe that an active emergency situation exists; amends § 17‑30‑20, relating to unlawful interception of wire, electronic, and oral communications, so as to provide that it is unlawful to use, attempt to use, or procure a person to use an electronic, mechanical or other device or service to display a misleading telephone number on a phone call recipient's caller identification display under certain circumstances. Effective June 24, 2010.

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Education

College of Charleston. Act 257 (R326, H. 4244) amends § 59‑130‑10, Code of Laws of South Carolina, 1976, relating to the College of Charleston Board of Trustees, so as to add an additional trustee to be appointed by the Governor upon the recommendation of the College of Charleston Alumni Association Board of Directors, to set his term, and to provide criteria for his selection. Effective June 14, 2010.

Education Bill of Rights for Children in Foster Care. Act 214 (R261, S. 1134) amends the Code of Laws of South Carolina, 1976, by adding Chapter 38 to Title 59 so as to enact the "South Carolina Education Bill of Rights for Children in Foster Care" to provide that school districts shall take certain measures to help ensure that the educational needs of children in foster care are met by assisting with enrollment, school records and credit transfers, access to resources and activities, and excused absence make-up requirements; to provide that school districts shall allow an authorized representative of the Department of Social Services to have access to school records of children in foster care; and to require the Department of Social Services to provide an educational advocate for children in foster care. Effective June 7, 2010.

Interstate Compact on Educational Opportunity for Military Children. Act 246 (R297, S. 319) amends Title 59, Code of Laws of South Carolina, 1976, by adding Chapter 46 so as to enact the "Interstate Compact on Educational Opportunity for Military Children", to provide that the Governor may execute the compact with other compact states, to provide that the State Superintendent of Education is the Compact Commissioner of this state, to establish a Council on Educational Opportunity for Military Children, to provide for the Council's membership, appointments, terms, quorum, leadership, filling of vacancies, and powers and duties, and to provide the terms of the Compact; by adding § 59‑5‑160 so as to provide ways in which the State Board of Education may facilitate the graduation of certain students; to provide that rules adopted pursuant to the Compact are only binding upon certain conditions; and amends § 59‑112‑50, as amended, relating to tuition rates for military personnel and their dependents, so as to allow the rates to continue upon transfer to another institution within a specified time period. This Act takes effect July 1, 2010, contingent upon available funding and agreement by the Interstate Commission to SECTION 3 of this Act.

Local School Districts. (R199, H. 4299), a joint resolution, requires local school districts to decide and notify teachers of their employment for the 2010‑2011 school year by May 15, 2010; requires teachers who are reemployed by written notification to notify the district board of their acceptance within ten days of receipt of written notification of employment; and allows districts to uniformly negotiate salaries of certain retired teachers below the district salary schedule. Effective May 11, 2010.

Religion. Act 180 (R219, S. 134) amends the Code of Laws of South Carolina, 1976, by adding § 59‑1‑435 so as to enact the "Religious Viewpoints Antidiscrimination Act", which prohibits a school district from discriminating against a student based on religious viewpoint, allows a student to express his religious beliefs in homework and classroom assignments without penalty or reward, and allows students to organize and participate in religious student gatherings to the same extent as secular noncurricular groups. Effective May 28, 2010.

Report Cards. (R205, H. 4823), a joint resolution, suspends the requirement that the Department of Education provide printed copies of 2010 district and school report cards; requires a school district or school within the district to provide parents with a link to the report cards via email or other communication methods upon certain conditions; requires the Department to suspend writing assessments for certain grades, and provides that writing assessments may not be used in growth calculations; suspends the requirement that schools advertise the district and school 2010 report card, but requires results to be provided to an area newspaper of general circulation; allows high schools to offer state-funded WorkKey assessments to certain students; provides for a one-year grace period for certain recipients of a South Carolina Teacher Loan, and to require the South Carolina Student Loan Corporation to develop forms and procedures to implement the grace period; to direct savings from certain provisions of this Act; and to require the Department to convene a task force to consider end-of-course assessments for federal assessment purposes. Effective May 13, 2010.

Substitute Teachers. Act 168 (R198, H. 4248) amends the Code of Laws of South Carolina, 1976, by adding § 59‑19‑117 so as to require an individual hired to serve in any capacity in a public school district to undergo a criminal record search by the South Carolina Law Enforcement Division, to require the district board to adopt a written policy on the criminal record searches, and to provide for training for appropriate district personnel on the criminal record searches; to require each school district to perform a national Sex Offender Registry check on all district employees and on certain volunteers, to provide for training for appropriate district personnel on appropriate uses of the database, and to require each district board to adopt a written policy on the Sex Offender Registry check; and amends § 23‑3‑115, relating to fees for criminal record searches, so as to provide for waiver of the fee imposed for a criminal record search when it is conducted on a substitute teacher on behalf of a school district. Effective May 11, 2010.

Teachers. Act 201 (R234, S. 1363) amends § 59‑26‑85, Code of Laws of South Carolina, 1976, relating to National Board Recertification and pay increases relating to National Board Certification, so as to provide that teachers who receive National Board Certification before July 1, 2010, shall enter into a recertification cycle consistent with the recertification cycle for National Board Certification, and to provide that National Board certified teachers who receive the certification before July 1, 2010, shall receive a pay increase for the initial ten-year certification period and no more than one ten-year renewal period. Effective June 3, 2010.

Teachers. (R247, H. 4838), a joint resolution,  provides that a local school district may pay teachers based on the years of experience the teachers possessed in FY 2009-2010 without negative impact to their experience credit; provides voting and notice requirements for this decision; requires that payment according to the 2009-2010 data be applied uniformly; provides that a local school district may not pay district or school administrators more than they received in fiscal year 2009-2010; requires a local school district to pay teachers and school and district administrators for changes in their education level; and defines certain terms. Effective May 28, 2010.

Technical College of the Lowcountry Enterprise Campus Authority. Act 148 (R145, S. 964) amends § 59‑53‑2410, Code of Laws of South Carolina, 1976, so as to create the Technical College of the Lowcountry Enterprise Campus Authority. Effective April 20, 2010.

Technical College of the Lowcountry Enterprise Campus Authority. Act 276 (R278, H. 4250) amends § 59‑53‑2410, as amended, Code of Laws of South Carolina, 1976, so as to create the Technical College of the Lowcountry Enterprise Campus Authority and the Horry-Georgetown Technical College Enterprise Campus Authority. Effective June 16, 2010.  

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Elections

Aiken County Voting Precincts. Act 136 (R169, H. 4698) amends § 7‑7‑40, as amended, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Aiken County, so as to revise and rename certain precincts and 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 March 31, 2010.

Canvassers. Act 205 (R252, S. 418) amends § 7‑17‑220, as amended, Code of Laws of South Carolina, 1976, relating to meetings of the Board of State Canvassers, so as to provide that a meeting may be convened by telephone or electronic communication instead of in person at the Office of the State Election Commission; and amends § 7‑17‑510, as amended, relating to the convening of the County Commissioners of Election as County Boards of Canvassers, so as to provide that any required meetings may be convened by telephone or electronic communication. Effective June 8, 2010.

Club Districts. Act 245 (R292, H. 3059) amends § 7‑1‑20, Code of Laws of South Carolina, 1976, relating to definitions used in South Carolina election law, so as to delete the definition "club district"; amends § 7‑5‑460, relating to custody of books and their return after an election, so as to delete a reference to a "club" as an entity to whom the books are responsible; amends § 7‑9‑20, relating to qualifications for membership in a certified party and for voting at a party primary election, so as to delete references to party clubs; amends § 7‑9‑70, relating to clubs in party organizations, so as to delete provisions requiring delegates at party conventions to be comprised of delegates elected from the clubs in the county; amends § 7‑13‑170, relating to the procedure when a manager fails to attend the place which has been scheduled for holding a poll, so as to delete the term "club" from the qualifying member to become a manager in the place of absent managers; repeals §§ 7‑9‑30, 7‑9‑40, 7‑9‑50, and 7‑9‑60 all relating to clubs in party organizations; and delays the effective date of Act 138 of 2010, relating to Lexington County precincts. Effective June 2, 2010.

Horry County Voting Precincts. Act 129 (R131, H. 4055) amends § 7‑7‑320, as amended, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Horry County, so as to revise and rename certain voting precincts of Horry 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 February 24, 2010.

Kershaw County Voting Precincts. Act 131 (R134, H. 4406) 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 February 24, 2010.  

Lexington County Election Commission. Act 189 (R236, S. 1417) amends § 7‑27‑365, Code of Laws of South Carolina, 1976, relating to the Registration and Elections Commission for Lexington County, to change the number of its members from seven to nine. Effective May 28, 2010.

Lexington County Voting Precincts. Act 138 (R144, S. 963) amends § 7‑7‑380, as amended, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Lexington County, so as to revise and rename certain voting precincts of Lexington 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 March 31, 2010.

Sumter County Voting Precincts. Act 128 (R127, S. 705) amends § 7‑7‑501, as amended, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Sumter County, so as to revise and rename certain voting precincts of Sumter 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 February 24, 2010.

Voting Precincts. Act 163 (R190, S. 1351) amends § 7‑7‑120, as amended, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Berkeley County, so as to create new precincts, redesignate and rename certain precincts, and change the map designation on which the lines of those precincts are delineated. This Act takes effect upon approval by the Governor and is effective for all elections conducted after the primary election of 2010.

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Eminent Domain

Land. Act 184 (R226, S. 1187) amends § 28‑11‑30, Code of Laws of South Carolina, 1976, relating to reimbursement of property owners for certain expenses related to the taking of land for public use, so as to provide that reestablishment expenses pertaining to moving a small business, farm, or nonprofit organization payable for transportation projects pursuant to federal guidelines and regulations may be paid in an amount up to fifty thousand dollars, notwithstanding a lower limitation imposed by federal regulations. Effective May 28, 2010.

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Environmental Protection & Conservation

Clean Water Fund. Act 185 (R228, S. 1204) amends § 48‑5‑50, Code of Laws of South Carolina, 1976, relating to uses of the Clean Water Fund, so as to allow any use prescribed by any federal law governing or appropriating funds for the Clean Water Fund; and amends § 48‑5‑55, relating to uses of the drinking water revolving loan fund, so as to allow any use prescribed by any federal law governing or appropriating funds for the Drinking Water Fund. Effective May 28, 2010.

Manufacturer Responsibility and Consumer Convenience Information Technology Equipment Collection and Recovery Act.  Act 178 (R212, H. 4093) amends the Code of Laws of South Carolina, 1976, by adding Chapter 60 to Title 48 so as to enact the "South Carolina Manufacturer Responsibility and Consumer Convenience Information Technology Equipment Collection and Recovery Act"; to provide findings by the General Assembly; to provide definitions; to require a certain label on a computer or television device sold by a manufacturer; to provide a computer manufacturer may not sell or offer to sell a covered computer device unless the manufacturer offers a certain recovery program, and to describe requirements for this program; to provide a television manufacturer may not sell or offer to sell a covered television device unless the manufacturer offers a certain recovery program, and to describe requirements for this program; to provide a computer or television manufacturer may not be liable for damages arising from information stored on a covered device collected from a consumer under the manufacturer's recovery program; to provide a retailer may only sell a covered device that meets certain requirements; to provide after July 1, 2011, a consumer may not dispose of a covered device in a certain manner; to provide an owner or operator of a solid waste landfill may not knowingly accept covered devices, among other things; to require the Department of Health and Environmental Control provide certain information about the disposal of covered devices; to provide the Department may conduct audits and inspections of a computer or television manufacturer, retailer, or recoverer to determine compliance with this chapter; to exempt financial and proprietary information submitted to the Department pursuant to this chapter from the Freedom of Information Act; to require the Department include in its annual solid waste report information provided by manufacturers on recovery programs; to provide covered devices must be recovered in a manner that complies with all applicable federal, state, and local requirements, and certain responsible recycling practices; and to provide the Department shall promulgate certain regulations. This Act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this Act.

Oxygen. Act 134 (R152, S. 1127) amends § 48‑1‑83 of the 1976 Code, relating to dissolved oxygen concentration depression, so as to provide that the standard for dissolved oxygen is 0.1 mg/l. Effective March 30, 2010.

Private Island Description. Act 285 (R343, S. 1051) amends § 48‑39‑290, Code of Laws of South Carolina, 1976, relating to restrictions, exceptions, and special permits concerning construction and reconstruction seaward of the baseline or between the baseline and the setback line, so as to revise the description of a private island with an Atlantic shoreline, which is exempt from the provisions that do not allow new erosion control structures seaward of the setback line and to provide that the baseline of this island is at the landward edge of the erosion control device and that the setback line is twenty feet landward of the baseline; and by adding § 48‑39‑45 so as to create the Coastal Zone Management Advisory Council to the Department of Health and Environmental Control's Office of Ocean and Coastal Resources Management and to provide for its members, powers, and duties in implementing the South Carolina Coastal Zone Management Act. Effective June 28, 2010.

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Fish, Game & Watercraft

Alligators. Act 183 (R225, S. 1130) amends § 50‑15‑65, Code of Laws of South Carolina, 1976, relating to the Alligator Management Program and conditions under which alligators may be hunted or taken, so as to prohibit a depredation permit holder to sell, barter, or trade the privilege to take an alligator; amends § 50‑9‑30, relating to the requirements for obtaining a resident hunting or fishing license, so as to further specify residency requirements; amends § 50‑9‑920, relating to the depositing of revenue generated by the sale of licenses into certain funds, so as to change the name of the Game Protection Fund to the Fish and Wildlife Protection Fund and to provide that revenue generated from application fees, permits, and tags for the privilege of taking alligators must be used to support the Alligator Management Program; and adds Article 6 to Chapter 9, Title 50 so as to provide application requirements and fees for the privilege of taking alligators. Effective May 28, 2010.

Bird Dogs. Act 139 (R146, S. 975) amends § 50‑11‑65, Code of Laws of South Carolina, 1976, relating to the training of bird dogs, so as to define "training birds", to provide for the use of training birds during the closed season, and to provide that training must have minimal disturbance on wild birds. Effective March 31, 2010.

Black Bass. Act 144 (R142, S. 914) amends the Code of Laws of South Carolina, 1976, by adding § 50‑13‑120 so as to set size limits, catch limits, and other catch requirements for black bass (largemouth) in Lake Marion, Lake Moultrie, and the Upper Santee River, and to amend § 50‑13‑385, as amended, relating to size limits for black bass (largemouth) in certain specified lakes, so as to delete Lake Marion and Lake Moultrie. Effective March 31, 2010.

Catch Limits. Act 169 (R201, H. 4444) amends § 50‑5‑1705, as amended, Code of Laws of South Carolina, 1976, relating to catch limits for estuarine and saltwater finfish, including weakfish cynoscion, so as to provide that a person only may take or possess one, rather than ten, such weakfish in any one day. Effective July 1, 2010.

Coyote Trapping. Act 218 (R266, S. 1294) amends § 50‑11‑2540, Code of Laws of South Carolina, 1976, relating to the trapping season of furbearing animals, so as to change from January to December as the beginning of the trapping season, to delete the maximum sixty-one day season limitation, to authorize the trapping of coyotes from December first of each year to March first of the succeeding year, and authorize the taking of coyotes by other lawful means at any time during the year. Effective June 7, 2010.

Coyotes. Act 243 (R311, S. 1296) amends § 50‑11‑710, Code of Laws of South Carolina, 1976, relating to night hunting, so as to provide that coyotes and armadillos may be hunted at night under specified conditions, to provide exceptions, and to provide penalties for violation. Effective June 11, 2010.

Department of Natural Resources. Act 209 (R242, H. 3996) amends § 50‑9‑1130, Code of Laws of South Carolina, 1976, relating to the deduction of accumulated points, so as to require the Department of Natural Resources to deduct four accumulated points from a person's record upon a showing that the person successfully completed a Department program of instruction established pursuant to § 50‑9‑310, and to provide exceptions. Effective July 1, 2010.

Field Trials. Act 174 (R208, S. 495) amends § 50‑11‑2100, Code of Laws of South Carolina, 1976, relating to field trials, so as to provide that a participant in a field trial permitted by the Department of Natural Resources is not required to obtain a hunting license if he is not carrying a firearm and game is not taken, to provide that a field trial may not be held outside of the regular season except as permitted by the Department; and amends § 50‑9‑1130, relating to the deduction of accumulated points for certain violations associated with hunting and fishing privileges, so as to provide the Department shall deduct four accumulated points from a person's record upon showing he successfully completed a firearm safety program established by the Department, to provide a person is not eligible for this deduction in certain circumstances, and to provide the Department may promulgate regulations to effectuate the provisions of this section. Effective July 1, 2010.

Flounder. Act 140. (R147, S. 1043) amends the Code of Laws of South Carolina, 1976, by adding § 50‑5‑17 to establish the Flounder Population Study Program to be administered by the Department of Natural Resources to clarify the location in which the program will operate, to clarify that prohibited artificial illumination is generated by motor fuel powered generators, and to provide that the Program will end on June 30, 2014; repeals the provisions of this section six years after the effective date; and repeals § 50‑5‑2017 relating to the Flounder Population Study Program and catch limits. Effective March 31, 2010.

Hogs. Act 211 (R255, S. 932) amends § 50‑16‑25, Code of Laws of South Carolina, 1976, relating to the release of pigs for hunting purposes, so as to provide that it is unlawful to possess, buy, sell, offer for sale, transfer, release, or transport for the purpose of release a member of the suidae family into the wild, except that a captured free roaming pig may be released under certain conditions upon a permit issued by the Department of Natural Resources; amends § 50‑11‑710, relating to the prohibition against night hunting, so as to permit the night hunting of hogs under specified conditions; amends § 50‑16‑70, relating to punishment for violations of Chapter 16, Title 50, so as to include violations of permit conditions; adds § 50‑9‑655 so as to require permits for taking, transporting, and releasing a pig from a free roaming population and for maintaining a pig hunting enclosure; and repeals § 5‑11‑380 relating to unlawful possession of certain ammunition and firearms in Game Zone 1. Effective June 8, 2010.

Hunting. Act 286 (R346, H. 3541) amends the Code of Laws of South Carolina, 1976, by adding § 50‑9‑665 so as to provide that a hunter must obtain a bear tag in order to take a bear and to provide the procedures and fees for obtaining these tags; by adding § 50‑11‑435 so as to prohibit taking or attempting to take a bear weighing less than one hundred pounds and provide criminal penalties; amends § 50‑9‑920, as amended, relating to revenue from the sale of lifetime licenses, so as to designate the uses for revenue generated from the sale of bear tags; amends § 50‑11‑310, as amended, relating to the open season for antlered deer, so as to designate when archery and firearms may be used in Game Zone 1; amends § 50‑11‑430, relating to the open season for taking bear in Game Zone 1 and penalties for violations, so as to revise the dates of this season and provide requirements for party hunts; to authorize the Department of Natural Resources to establish requirements for the taking and hunting of bear in all other game zones; to require bear tags; and to revise various bear taking requirements and prohibitions; and repeals § 50‑11‑380 relating to the taking of antlerless deer. Effective June 29, 2010.

Hunting and Fishing License. Act 233 (R287, S. 974) makes revisions to hunting and fishing license provisions, by providing for requirements, costs, and exemptions. Effective July 1, 2010.

Renegade Hunter Act. Act 239 (R306, S. 1027) amends the Code of Laws of South Carolina, 1976, by adding § 50‑11‑770 so as to enact the "Renegade Hunter Act", to provide it is unlawful for a person to hunt from a road, right of way, property line, boundary, or property upon which he does not have hunting rights with the aid or use of a dog when the dog has entered upon the land of another without written permission or over which the person does not have hunting rights; to provide the provisions of this section apply whether the person in control of the dog intentionally or unintentionally releases, allows, or otherwise causes the dog to enter upon the land of another without permission of the landowner; to provide certain definitions; to provide exceptions; and to provide penalties. Effective June 11, 2010.

Striped Bass. Act 193 (R241, H. 3913) amends the Code of Laws of South Carolina, 1976, by adding § 50‑5‑1556 so as to establish seasonal creel and size limits for striped bass in the inshore waters and the territorial sea, excluding certain portions of the Savannah River; amends § 50‑13‑221, relating to striped bass in the Lower Santee and Cooper Rivers, so as to establish seasonal creel and size limits for striped bass in certain freshwater bodies; and adds § 50‑13‑222 so as to establish creel and size limits for striped bass in Lake Russell, including its tributaries. Effective May 28, 2010.

Timber. Act 186 (R229, S. 1261) amends Article 5, Chapter 3, Title 50, Code of Laws of South Carolina, 1976, relating to the cutting of timber on lands held by the Department of Natural Resources, so as to make technical corrections; to delete obsolete references; to require the Department to coordinate the cutting and sale of such timber with the State Forester, rather than submit the matter to the State Forester; to provide that land used by the Department for agriculture or managed forest land before acquisition by the Department must be managed and timber harvested to provide optimum fish and wildlife habitats; to revise procedures for advertising for bids on the timber; to provide that the State Forester must approve the immediate harvest of timber if an ecological or silviculture emergency or natural disaster occurs necessitating such harvest of timber; to authorize the Director of the Department, rather than the Board, to execute deeds and contracts required in carrying out this Article; to delete the provision requiring the State Forester to have trees marked before cutting begins; and to provide that, unless otherwise provided for, the proceeds of these timber sales must continue to be credited to the Fish and Wildlife Protection Fund. Effective May 28, 2010.

Wildlife. Act 200 (R232, S. 1340) amends § 50‑1‑5, Code of Laws of South Carolina, 1976, relating to the definition of terms used in Title 50, so as to define certain wildlife, fish, and plant species; amends § 50‑1‑30, as amended, relating to bird, game animals, and fish classifications recognized in Title 50, so as to revise these classifications; adds § 50‑1‑50 so as to define the boundaries for certain rivers, creeks, lakes, bays, sounds, harbors, and reservoirs referenced in Title 50; amends § 50‑5‑1500, relating to anadromous and catadromous fisheries in freshwaters and salt waters, so as to delete provisions relating to licenses for taking sturgeon and to add eel and to delete penalties for certain shad, herring, and sturgeon violations; adds § 50‑5‑1556 so as to provide that a commercial fisherman who sells shad, herring, or eels must sell to a wholesale seafood dealer or licensed bait dealer or be licensed as such; amends § 50‑9‑30, relating to residency requirements for obtaining recreational or commercial licenses, so as to further specify these requirements; amends § 50‑9‑80, relating to requirements for issuance of duplicate licenses, so as to further specify these requirements; adds Article 4 to Chapter 9, Title 50 so as to provide requirements for freshwater commercial fishing licenses and bait dealer licenses and to provide licensure requirements for taking shad, herring, or eels for commercial purposes; adds § 50‑9‑545 so as to provide licensure requirements when taking shad, herring, or eels for recreational purposes; adds § 50‑9‑610 so as to provide tag and permit requirements when using certain devices to take nongame freshwater fish; adds § 50‑13‑1615 so as to require a person selling or possessing for sale freshwater nongame fish to have certain documentation verifying the origin of the fish; adds § 50‑19‑250 so as to prohibit night fishing in Bridge Lake in Dorchester County and to provide criminal penalties for violations; adds § 50‑19‑251 so as to provide for certain fishing and recreational activities on Slade Lake and to provide criminal penalties for violations; adds § 50‑19‑1190 so as to establish a fish sanctuary in Marion County and to provide criminal penalties for fishing or entering upon the sanctuary; and repeals §§ 50‑1‑100, 50‑13‑1130, 50‑13‑1135, 50‑13‑1150, 50‑13‑1155, 50‑13‑1160, 50‑19‑1910, 50‑19‑1920, 50‑19‑1930, Article 39, Chapter 19, Title 50, 50‑19‑2620, and 50‑19‑2630 all relating to various fishing regulations and licensure requirements. Effective May 28, 2010.

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General Assembly

Revised Code Volume 22. (R149, S. 1099), a joint resolution, adopts revised Code Volume 22 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, 2010. Effective March 31, 2010.

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Health

Abortion. Act 268 (R345, H. 3245) amends § 44‑41‑330, as amended, Code of Laws of South Carolina, 1976, relating to, among other things, prerequisites to performing an abortion, so as to provide that no abortion may be performed sooner than twenty-four hours after a woman receives and verifies she has received certain information that must be provided to her by law; amends § 44‑41‑340, relating to the publication of information that must be provided to a woman before undergoing an abortion, so as to provide that the information must include a list of health care providers, facilities, and clinics that perform ultrasounds free of charge, a plainly worded explanation of how a woman may calculate the gestational age of her embryo or fetus, a scientifically accurate statement concerning the contribution that each parent makes to the genetic constitution of their biological child, and forms for notifications, certifications, and verifications required by law; to require the Department of Health and Environmental Control to post this information on its internet website and to require the Department's website to provide a link to the internet websites maintained by health care providers, facilities, and clinics that perform ultrasounds free of charge and that have requested to be listed by the Department; and amends § 44‑41‑380, relating to severability provisions concerning the "Women's Right to Know Act", so as to make a technical correction. Effective June 24, 2010.

Ann S. Perdue Independent Autopsy Fairness Act of 2010. Act 226 (R271, H. 3735) amends the Code of Laws of South Carolina, 1976, to enact the "Ann S. Perdue Independent Autopsy Fairness Act of 2010", by adding § 44‑43‑730 so as to provide that if a person dies in a hospital or health care facility where invasive procedures are performed, the person authorized to consent has the right to have an autopsy performed; the hospital or health care facility shall inform in writing the person authorized to consent of the right to have an autopsy performed and that it must be paid for by a private source; and amends § 17‑5‑530, relating to circumstances requiring the coroner or medical examiner to be notified of certain deaths, so as to require such notification when a person dies in a health care facility, other than a nursing home, within twenty four hours of entering the health care facility or within twenty-four hours of having an invasive surgical procedure performed at the health care facility, and to provide that the autopsy must not be performed at the health care facility or by a physician at the health care facility. Effective July 1, 2010.

Dental Health Education. Act 235 (R286, S. 286) amends the Code of Laws of South Carolina, 1976, by adding Chapter 8 to Title 44 so as to require the Department of Health and Environmental Control to implement a targeted community health program in three to five counties of need for dental health education, screening, and treatment referrals in public schools for children in kindergarten, third, seventh, and tenth grades or upon entry into public schools; to require program guidelines to be promulgated in regulations; to provide for a community oral health coordinator to assist county health departments and school districts to strengthen oral health in their communities; to require an acknowledgment of dental screening to be issued upon completion of the screening and to require this acknowledgment to be presented to the child's school; to require notification to the child's parent if professional attention is indicated by the screening and if authorized by the child's parents; to provide notification to the community health coordinator to facilitate further attention if needed; to provide that a screening must be completed unless a child's parent completes an exemption form; to provide that implementation of this program is contingent upon the appropriation of adequate funding; and to repeal § 44‑1‑240 relating to a pilot program for dental health screenings of children. This Act takes effect July 1, 2010, and applies to students in the grade levels specified in § 44‑8‑30 of the 1976 Code, as added by Section 1 of this Act, no later than the 2011-2012 school year, contingent upon regulations authorized in § 44‑8‑10 of the 1976 Code, as added by Section 1 of this Act, being effective and funding for this program being available to the Department of Health and Environmental Control.

DHEC. Act 278 (R298, S. 337) amends § 44‑1‑60, Code of Laws of South Carolina, 1976, relating to appeals from Department of Health and Environmental Control decisions giving rise to contested cases, so as to revise and clarify procedures for review of Certificate of Need decisions and contested case hearings, including notice requirements, filing fees for requesting a final review, and times within which a contested case hearing must be requested; amends § 44‑7‑130, relating to the definition of terms used in the State Certificate of Need and Health Facility Licensure Act, so as to revise the definitions of "health care facility", "person", "residential treatment facility for children and adolescents", and "like equipment with similar capabilities", to delete the definition of "chiropractic inpatient facility", and to define "birthing center" and "freestanding emergency service"; amends § 44‑7‑150, relating to duties of the Department in carrying out the purposes of the Certificate of Need Program, so as to further specify the establishment and collection of fees for this Program in regulation, including the Department retaining fees in excess of seven hundred fifty thousand dollars for the administrative costs of this Program; amends § 44‑7‑160, relating to activities and services required to obtain a Certificate of Need, so as to delete obsolete provisions and to delete provisions relating to acquisition or change in ownership of a health care facility, acquisition of a health care facility before an agreement to acquire the facility is reached, and expenditures for preparing to develop a project requiring a Certificate of Need; amends § 44‑7‑170, as amended, relating to exemptions from Certificate of Need, so as to further specify exemption requirements for research purposes, to provide that replacement of like equipment is exempt if certain conditions are met and to delete from exemption purchases of real estate for development requiring a Certificate of Need; amends § 44‑7‑180, relating to the composition of the Health Planning Committee, so as to include an administrator of a for-profit nursing home among groups that must be represented on the Committee and to provide for a chairman and vice chairman of the Committee; amends § 44‑7‑190, relating to project review criteria used in the Certificate of Need process, so as to prescribe the use of weighted criteria; amends § 44‑7‑200, relating to the application process for a Certificate of Need, so as to delete fee provisions that are otherwise provided for in this Act, to clarify Certificate of Need application procedures and communications, to prohibit state and federal officials from communicating with the Department once a Certificate of Need application has been filed and to provide an exception; amends § 44‑7‑210, relating to Certificate of Need review procedures, so as to further specify these procedures, including initiation of the review period, duration of the review process, and time frames for issuing decisions and rendering final agency decisions, and to further specify review and contested case procedures for Certificate of Need cases, including limitations on the number of witnesses that may be called and the number of interrogatories and requests for admissions that may be served and who may be deposed; amends § 44‑7‑220, relating to judicial review of the Department of Health and Environmental Control Board decisions, so as to correct that Certificate of Need appeals are heard by the Administrative Law Court rather than the Department of Health and Environmental Control Board and to further provide for judicial review of Administrative Law Court Certificate of Need decisions; amends § 44‑7‑230, relating to various requirements for and limitations of a Certificate of Need, so as to provide that a Certificate of Need is valid for one year from issuance, rather than for six months, and to provide that extensions may be granted for nine months, rather than for six months; amends § 44‑7‑260, as amended, relating to certain facilities and services required to be licensed by the Department of Health and Environmental Control, so as to delete chiropractic inpatient facilities and to add birthing centers; amends § 44‑7‑270, relating to annual health facility licensure procedures, so as to authorize the Department to prescribe in regulation periods for licensure and renewal and to authorize imposing a fee for inspections; amends § 44‑7‑280, relating to the issuance of health facility licenses, so as to authorize the Department to provide in regulation for periods of licensure; amends § 44‑7‑315, as amended, relating to the disclosure of information obtained by the Department through health licensing, so as to include licensing of activities and to delete obsolete language; amends § 44‑7‑320, relating to grounds for the denial, suspension, or revocation of licenses and the imposition of fines, so as to allow both sanctions against a license and the imposition of a fine; adds § 44‑7‑225 so as to provide that the Administrative Law Court shall consider the South Carolina Health Plan in effect when a Certificate of Need application was filed and may consider the Plan in effect when making a decision on the Certificate of Need; adds § 44‑7‑285 so as to require health care facilities to notify the Department of a change in facility ownership or controlling interest; adds § 44‑7‑295 so as to authorize the Department to enter all licensed and unlicensed health care facilities to inspect for compliance with health licensure and Certificate of Need requirements; amends  § 1‑23‑600, as amended, relating to Administrative Law Court hearings and proceedings, so as to provide that if an attorney is called to appear in another court in this State, the action in the Administrative Law Court has priority as appropriate; and repeals § 44‑7‑185 relating to a task force under the Health Care Planning and Oversight Committee, to study heart surgery and therapeutic heart catheterizations. This Act takes effect July 1, 2010; provided, the provisions of this Act do not apply to any matter pending before a court of this State prior to June 1, 2010.

Diabetes Initiative Board. Act 195 (R245, H. 4621) amends § 44‑39‑20, as amended, Code of Laws of South Carolina, 1976, relating to the Diabetes Initiative of South Carolina Board, so as to modify the Board's membership composition and terms of its members. Effective May 28, 2010.

Emergency Medical Services. Act 157 (R184, S. 907) amends Article 1, Chapter 61, Title 44, Code of Laws of South Carolina, 1976, relating to emergency medical services (EMS), so as to revise definitions and add new definitions including, but not limited to, the "state medical control physician", with whom the Department of Health and Environmental Control contracts to oversee the medical aspects of the EMS program, and the "investigative review committee" which will conduct investigations of licensees; to provide that the state medical control physician shall advise the Department on the development of standards and promulgation of regulations for the EMS program; to provide that the EMS program must include the establishment of an electronic patient care reporting system to provide data to the national EMS information system database; to provide that members of the Emergency Medical Services Advisory Council serve without compensation, mileage, per diem, or subsistence; to specify that a business providing EMS or ambulance services or an ambulance attendant providing patient care without the applicable license or permit subjects the business or person to civil penalties; to require an EMS and an ambulance service to retain a medical control physician to maintain quality control of patient care and to provide immunity from civil liability for such physicians acting in good faith in carrying out these responsibilities; to provide that an emergency medical technician (EMT) certificate is valid for four years, rather than three years; to delete the requirement that upon certificate renewal an EMT must complete a refresher course and an examination and instead to require the EMT to provide documentation of current national registration and renewal for the appropriate level of certification and to provide an exemption for EMT's certified before October 2006; to specify that the identity of an EMT contained in information collected by EMS is confidential unless requested by a patient; to provide that upon request a patient may obtain information collected by EMS; to delete provisions pertaining to the confidentiality of the identity of physicians and hospitals and the confidentiality of official investigations conducted by the EMS section of the Department of Health and Environmental Control and to provide that investigations must be conducted by the Investigative Review Committee and that action taken by the Committee on a license is public information after issuance of an administrative order; to further specify to whom patient information may be released; and to require the Department and a person or entity licensed or certified pursuant to this article to disclose to the solicitor information that could aid in the investigation or prosecution of criminal activity; to repeal § 44‑61‑105 authorizing the governing body of a county to exempt ambulances used primarily as convalescent transport units from size requirements and to also delete other requirements for certain vehicles used as convalescent transport units, and § 44‑61‑150 requiring regulations promulgated by the Department of Health and Environmental Control to be filed with the Secretary of State; and to amend Article 3, Chapter 61, Title 44, relating to emergency medical services for children (EMSC), so as to revise certain definitions and to add, among others, the definition of "emergency medical technician" (EMT); to change the EMSC program name to the "Emergency Medical Services and Trauma for Children Program" and to provide that this Program must include guidelines for voluntary designation of pediatric emergency departments, disaster response guidelines, pediatric disaster preparedness training, and assistance with the development of disaster plan strategies relating to children; to specify that the identity of an EMT contained in information collected by EMS is confidential unless requested by a patient; to provide that upon request a patient may obtain information collected by EMS to delete provisions pertaining to the confidentiality of the identity of physicians and hospitals; to further specify to whom patient information may be released; to require the Department and a person or entity licensed or certified pursuant to this article to disclose to the solicitor information that could aid in the investigation or prosecution of criminal activity; and to establish the Emergency Medical Services for Children Advisory Committee, to provide for its members and duties, and to provide that members on the Committee serve without compensation, mileage, per diem, or subsistence. Effective May 11, 2010.

Hospitals. Act 165 (R195, H. 3778) amends § 44‑7‑2430, Code of Laws of South Carolina, 1976, relating to the collection of data pursuant to the "Hospital Infections Disclosure Act", so as to authorize the Department of Health and Environmental Control to combine data from multiple reporting periods when compiling the Department's reports on hospital acquired infections and to require the Board of Health and Environmental Control, rather than the Commissioner of the Department, to appoint an advisory committee on hospital acquired infections; amends § 44‑7‑2440, as amended, relating to reports compiled by the Department on Hospital Acquired Infections, so as to require reports to the General Assembly to be submitted before April sixteenth of each year; and amends § 44‑7‑2460, relating to the requirement that compliance with the Hospital Infections Disclosure Act is a condition of hospital licensure and permitting, so as to also authorize the imposition of civil monetary penalties for noncompliance. Effective May 11, 2010.

Laboratories. Act 166 (R196, H. 3871) amends the Code of Laws of South Carolina, 1976, by adding § 44‑29‑15 so as to specify reporting requirements for laboratories that test for infectious or other diseases required by the Department of Health and Environmental Control to be reported and to provide a civil monetary penalty for violations. Effective May 12, 2010.

Mass Immunization Projects. Act 210 (R244, H. 4446) amends § 44‑29‑210, Code of Laws of South Carolina, 1976, relating to mass immunization projects approved by the Department of Health and Environmental Control and the participation of medical personnel in these projects, so as to provide that licensed nurses, rather than registered nurses, are included in the personnel who may participate in these projects and who are exempt from liability; and amends § 44‑29‑40, relating to the Department of Health and Environmental Control having general supervision over vaccination, screening and immunization, so as to require the Department to establish a statewide immunization registry, to require health care providers to report the administration of immunizations to the Department, and to provide civil penalties for violations. Effective June 1, 2010.

Residential Care Facility. Act 207 (R260, S. 1078) amends the Code of Laws of South Carolina, 1976, by adding § 44‑7‑264 so as to require the owner of a nursing home or a community residential care facility to undergo state and national criminal records checks as a requirement of licensure and to enumerate those crimes that preclude licensure; and amends § 44‑7‑2910, as amended, relating to the definition of "direct care entity" as used in connection with conducting criminal record checks of direct care staff. Effective June 7, 2010.

Sexually Violent Predator. Act 158 (R185, S. 931) amends § 44‑48‑40, as amended, Code of Laws of South Carolina, 1976, relating to the effective date of parole or conditional release of sexually violent predators, so as to provide that written notice of the release of a sexually violent predator from prison must be given to the multidisciplinary team at least two hundred seventy days rather than one hundred days before his release from total confinement with certain exceptions, or certain anticipated hearings, and to provide that the parole or conditional release order does not take effect for one hundred eighty days, rather than ninety days, after issuance of the order; amends § 44‑48‑80, as amended, relating to the facility in which a person must be held after probable cause is found to exist that the person is a sexually violent predator, so as to require that the person only be held in a local or regional detention facility pending conclusion of the proceedings in this Chapter and that the court must direct the person to be transported to an appropriate facility of the South Carolina Department of Mental Health, and to provide that the expert that conducts the evaluation of a person to determine whether he is a sexually violent predator must complete the evaluation within sixty days after the probable cause hearing unless extraordinary circumstances exist; amends § 44‑48‑90, as amended, relating to the time within which a jury trial must be requested and held to determine if a person is a sexually violent predator, so as to delete the provision that requires that the trial must be conducted within sixty days of the hearing held pursuant to § 44‑48‑80, to provide that the trial must be held within ninety days of issuance of the court appointed evaluator's opinion, and to provide that upon receipt of the issuance of the opinion, either party may retain an expert to conduct a subsequent evaluation; amends § 44‑48‑100, as amended, relating to the facility in which a person must be held upon a mistrial in determining whether the person is a sexually violent predator, so as to require that the person only be held in a local or regional detention facility; and amends § 44‑48‑120, as amended, relating to procedures required when the Director of the Department of Mental Health determines a person committed to the Department as a sexually violent predator is no longer likely to commit acts of sexual violence, so as to require the Director to certify this determination in writing and to notify the Attorney General of this certification and of the patient's authorization to petition the court for release, to provide that the Attorney General may request an examination before a hearing on the release is held, and to provide that either party may request that the hearing be held before a jury, and to provide that if the Attorney General's qualified expert concludes that the petitioner, if released may commit acts of sexual violence, the petitioner may retain a qualified expert to perform a subsequent evaluation. SECTION 1 of this Act takes effect one hundred eighty days after approval by the Governor. The remaining sections of this Act take effect upon approval by the Governor.

Tattoos. Act 133 (S139, S. 188) amends §§ 44‑34‑60 and 44‑34‑100, Code of Laws of South Carolina, 1976, relating to age restrictions on tattooing, so as to provide that persons eighteen or older are eligible to receive a tattoo. Effective March 30, 2010.

Underground Storage Tanks. Act 177 (R211, H. 3270) amends § 44‑2‑60, Code of Laws of South Carolina, 1976, relating to the registration of underground storage tanks, so as to establish new annual renewal fees that will be in effect for the years 2012 through 2015 or until the superb account is credited with an additional thirty-six million dollars from the increase in it sources of income, to require that the additional revenue generated from the tank fee increases be deposited into the superb account, to restrict the uses for the additional revenue, and to revise the maximum amount that may be used for administrative purposes. Effective May 19, 2010.

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Highways, Bridges & Ferries

Commission of the Department of Transportation. Act 253 (R317, H. 3814) amends § 57‑1‑740, as amended, Code of Laws of South Carolina, 1976, relating to vacancies on the Commission of the Department of Transportation, so as to provide that the Joint Transportation Review Committee shall submit to the Congressional District Delegation for election only the names and qualifications of persons who it considers to be qualified, to provide that the Delegation shall not elect a person who is not nominated by the Review Committee, to provide that the Delegation may reject all persons nominated by the Review Committee, to provide that further nominations must be made until the office is filled if the Delegation rejects the Review Committee's nominees, to provide that no candidate may directly or indirectly seek the pledge of a vote from a member of the candidate's congressional delegation or, directly or indirectly, contact a statewide constitutional officer, a member of the General Assembly, or the Joint Transportation Review Committee regarding screening for the Commission until the Review Committee has formally released its report as to the qualifications of all candidates in a particular congressional district, and make technical changes. Effective June 11, 2010.

Division of Railroad Transportation. Act 206 (R253, S. 749) amends §§ 57‑1‑20 and 57‑1‑30, both as amended, Code of Laws of South Carolina, 1976, relating to the establishment of the Department of Transportation and its constituent divisions, so as to reconstitute the Division of Mass Transit as the Division of Intermodal and Freight Programs and revise the responsibilities of this Division; amends §§ 57‑3‑10 and 57‑3‑20, relating to the divisions comprising the Department of Transportation and the responsibilities of the various division deputy directors, so as to reflect the new Division of Intermodal and Freight Programs and the responsibilities of the new Division's deputy director; adds § 57‑3‑30 so as to establish the Office of Railroads within the Division of Intermodal and Freight Programs and provide the responsibilities and functions of the Office of Railroads; amends § 57‑3‑40, relating to the functions of the former Division of Mass Transit, so as to establish the Office of Public Transit within the Division of Intermodal and Freight Programs and provide for the responsibilities and functions of the Office of Public Transit; adds §§ 57‑3‑210, 57‑3‑220, and 57‑3‑230 so as to provide for the functions and responsibilities of the Department of Transportation with respect to public transit programs, provide for the temporary use of railroad right-of-way corridors, and provide for a special advisory committee to assist the Department of Transportation on freight transportation issues; and amends § 13‑1‑1710, as amended, relating to the Coordinating Council for Economic Development, so as to add the Secretary of the Department of Transportation as an ex officio member of the Council. Effective June 7, 2010.

Oconee County. Act 145 (R162, H. 4340) amends the Code of Laws of South Carolina, 1976, by adding Article 19 to Chapter 23, Title 57 so as to designate certain highways in Oconee County as the Falling Waters 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 March 31, 2010.

Transportation Committee. (R130, H. 3624) provides that each member of the Dorchester County Transportation Committee is allowed and must be paid from Dorchester County "C" fund revenues seventy-five dollars for each meeting at which the member is in attendance. Effective March 9, 2010.

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Insurance

Health Care Insurance. Act 143 (R158, H. 3371) amends the Code of Laws of South Carolina, 1976, by adding § 38‑71‑243 so as provide for definitions and to regulate a provider of health care contracts and issuers of certain individual health insurance when a provider contract for health care services is terminated or nonrenewed; and by adding §§ 38‑71‑246 and 38‑71‑247 so as to require each provider contract to contain continuation of care provisions with a plain language description. Effective upon approval by the Governor and applies to an individual health plan, a group health plan, or a health benefit plan, including the state health plan, issued, renewed, delivered, or entered into after December 31, 2010.

Medical Malpractice Insurance. Act 153 (R179, S. 168) amends § 38‑79‑30, Code of Laws of South Carolina, 1976, relating to medical malpractice insurance, so as to provide that a licensed health care provider who renders medical services voluntarily and without compensation, and seeks no reimbursement from charitable and governmental sources, and provides notice to the patient or patient's provider in a nonemergency, is not liable for any civil damages for any act or omission unless the act or omission was the result of the health care provider's gross negligence or willful misconduct. Effective May 11, 2010.

Michelle’s Law. Act 217 (R265, S. 1224) amends the Code of Laws of South Carolina, 1976, so as to enact "Michelle's Law" by adding §§ 38‑71‑355 and 38‑71‑785 so as to require health insurance issuers to permit a dependent child on a medically necessary leave of absence from a postsecondary educational institution to continue dependent coverage and to provide for the requirements related to that coverage; amends § 38‑71‑850, relating to the definition of "creditable coverage" for group health insurance coverage and special enrollment in group health insurance coverage, both under the Health Insurance Portability and Accountability Act of 1996, so as to add coverage of an individual under the state Children's Health Insurance Program and to enact federal requirements set forth in the Children's Health Insurance Program Reauthorization Act of 2009 to provide for special enrollment of an employee or an employee's dependent in the case of termination of Medicaid coverage or coverage under a State Children's Health Insurance Program or the individual becoming eligible for assistance in the purchase of employment-based coverage; amends § 38‑74‑10, as amended, relating to the definition of "creditable coverage" for the South Carolina Health Insurance Pool, so as to add coverage of an individual under the State Children's Health Insurance Program; amends §§ 38‑90‑40, as amended, 38‑90‑45, and 38‑90‑50, as amended, relating to capitalization requirements for captive insurance companies, so as to provide that the Director of Insurance may consider the net amount of risk retained for an individual risk when arriving at a finding relating to additional capital or net assets requirements; amends § 38‑90‑70, as amended, relating to reports required to be submitted by a captive insurance company to the Director, so as to require an association captive insurance company and industrial insured group to submit its report in the manner required by § 38‑13‑80; amends § 38‑90‑80, as amended, relating to inspections and examinations of a captive insurance company, so as to permit the Director to grant access to, use, and make public certain information discovered or developed during the course of an examination; amends § 38‑90‑160, as amended, relating to the application of the provisions of Title 38 to captive insurance companies, so as to specify that regulations promulgated pursuant to applicable statutes also apply to captive insurance companies and to provide a listing of those provisions of Title 38 that apply to certain captive insurance companies; amends § 38‑90‑430, as amended, relating to the application of the provisions of Title 38 to special purpose financial captives, so as to specify that regulations promulgated pursuant to applicable statutes also apply to special purpose financial captives; and amends Chapter 93, Title 38, relating to the privacy of genetic information, so as to enact federal requirements set forth in the Genetic Information Nondiscrimination Act of 2008 to prohibit discrimination on the basis of genetic information, to provide for the requirements relating to the collection of genetic information, and to further provide for the scope of the Chapter. Effective June 7, 2010.

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Labor & Employment

Department of Employment and Workforce. Act 146. (R159, H. 3442), comprehensive legislation, creates the Department of Employment and Workforce, a cabinet level agency, to replace the Employment Security Commission. The Department of Employment and Workforce will administer unemployment compensation and perform workforce development functions. The legislation provides for a nine member Department of Workforce Review Committee to perform oversight duties and provides for its composition. The legislation further provides for the creation of a Department of Employment and Workforce Appellate Panel with the purpose of hearing appeals from Department divisions. See Act for effective date.

Department of Workforce. Act 234 (R250, S. 391) amends Chapter 31, Title 41, Code of Laws of South Carolina, 1976, relating to contributions and payments to the Unemployment Trust Fund, so as to provide certain definitions, to change the employer's minimum base rate, to revise the method of determining the base rate of an employer eligible for a rate computation, to impose certain surcharges on employers to pay outstanding debt of Unemployment Insurance Trust Fund in years when the fund is insolvent, to delete language providing a statewide reserve ratio, to delete the definition of a nonprofit organization, to make conforming changes reflecting the creation of the Department of Employment and Workforce, and to correct arcane language, among other things; amends § 41‑27‑310, relating to the definition of the term "insured worker", so as to increase the threshold amount of earnings a person must have to qualify as an insured worker, and to provide that this section does not apply to an individual found qualified to receive unemployment benefits prior to the section's enactment; amends § 41‑27‑380, as amended, relating to the definition of the term "wages", so as to provide an exception to the term; amends § 41‑35‑40, relating to weekly benefits, so as to increase the minimum weekly benefit amount; by adding § 41‑27‑760 so as to provide the candidates may not directly or indirectly seek the pledge of a member of the General Assembly for their election to the panel, and to provide penalties for a violation, among other things; amends § 41‑29‑40, as amended, relating to Unemployment Compensation and Employment Service Divisions of the Department of Employment and Workforce, so as to delete language requiring directors appointed to these divisions must be made on a nonpartisan merit basis in accordance with certain statutory provisions; by adding § 41‑27‑525 so as to provide if the majority of weeks in a person's base period includes part-time work, he may not be denied unemployment benefits under a provision related to availability of work, active search for work, or failure to accept work solely because he only seeks part-time work, and to define the term "seeking only part-time work"; amends § 41‑27‑150, as amended, relating to the definition of the term "base period", so as to define the term "alternate base period", and to provide wages that fall within the base period for a claim established under this section must not be available for use in qualifying for a subsequent benefit year; amends § 41‑29‑300, relating to the creation and composition of the Department of Employment and Workforce, so as to impose a mandatory retirement age on members of the appellate panel; and amends § 41‑35‑125, as amended, so as to provide certain definitions, and to provide an individual is eligible for waiting week credit and unemployment compensation if the Department finds he was separated from employment due to compelling family circumstances. Effective January 1, 2011.

Employment. Act 137 (R143, S. 929) amends § 41‑1‑10, as amended, Code of Laws of South Carolina, 1976, relating to posting certain employment notices in the workplace, so as to remove a provision requiring notice be posted in a room where five or more people are employed; to amend § 41‑3‑10, as amended, relating to the Division of Labor within the Department of Labor, Licensing and Regulation and duties of the Director of the Department, so as to remove the provision establishing the Division; to amend § 41‑3‑40, as amended, relating to the Director of the Department, so as to remove references to the Division of Labor; to amend §§ 41‑3‑50, as amended, 41‑3‑60, as amended, 41‑3‑100, as amended, and 41‑3‑120, as amended, all relating to various labor and employment laws, so as to make conforming changes; and to repeal § 41‑1‑40 relating to requiring an employer who requires notice from an employee quitting work to post notice of a shutdown, § 41‑1‑50 relating to the acceptance of payment from a relief fund not barring a damages action, § 41‑3‑80 relating to enforcement of the Fair Labor Standards Act of 1938, § 41‑15‑10 relating to locking of employees in buildings, § 41‑15‑50 relating to requiring a light at an elevator shaft entrance when the elevator is in operation, Article 5, Chapter 3, Title 41 relating to the Migrant Labor Subdivision of the Department, Chapter 21, Title 41 relating to voluntary apprenticeships, and Chapter 23, Title 41 relating to agricultural labor contracts. Effective March 31, 2010.

Future Volunteer Firefighters Act. Act 159 (R186, S. 1097) amends the Code of Laws of South Carolina, 1976, by adding § 41‑21‑110 so as to enact the "Future Volunteer Firefighters Act of South Carolina" and to provide that the Director of the Department of Labor, Licensing and Regulations in cooperation with the State Firefighters Association may establish a Junior Firefighters Program. Effective May 12, 2010.

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Law Enforcement & Public Safety

911. Act 135 (R166, H. 4551) amends § 23‑47‑10, Code of Laws of South Carolina, 1976, relating to definition of terms associated with the Public Safety Communications Center, so as to revise the definition of several existing terms and to provide definitions for several new terms; amends § 23‑47‑20, as amended, relating to 911 system service requirements, so as to delete "a capability to have cellular phones routed to 911" as a system requirement and to add "routing and capabilities to receive and process CMRS service and VOIP service capable of making 911 calls" as a system requirement; amends § 23‑47‑50, relating to subscriber billing for 911 service, so as to provide that for the billing of 911 charges for local exchange access facilities that are capable of simultaneously carrying multiple voice and data transmissions or to revise the 911 charge that a prepaid wireless telecommunications service is subject to, and to make technical changes; adds § 23‑47‑55 so as to provide that a subscriber is not liable for a different number of 911 charges than the subscriber has been billed for any facility, and that no service supplier is liable to any person for billing, collecting, or remitting certain 911 charges for service which are billed for before the effective date of this Act; amend § 23‑47‑65, relating to the CMRS Emergency Telephone Advisory Committee, so as to revise the name of the Committee and its membership, to make technical changes, and to provide that the Committee and the State Budget and Control Board are authorized to regulate prepaid wireless sellers; adds § 23‑47‑67 so as to impose a VOIP 911 charge on each local exchange access facility, and to provide for the collection of the charge and its distribution; adds § 23‑47‑68 so as to impose a prepaid wireless 911 charge, and to provide for its collection and distribution; adds § 23‑47‑69 so as to limit the charges that may be imposed for 911 service; and amends § 23‑47‑70, relating to liability for damages that may occur from a governmental agency providing 911 service, so as to provide for liability when 911 service is provided and when it is not provided pursuant to tariffs on file with the Public Service Commission, and to make a technical change. SECTIONS    1, 2, 3, 5, 6, and 7 of this Act take effect on July 1, 2011. The remaining sections of this Act take effect upon approval by the Governor.

Electronic Securing and Targeting of Online Predators Act (E-Stop). Act 212 (R258, S. 973) amends Article 7, Chapter 3, Title 23, Code of Laws of South Carolina, 1976, to enact the "Electronic Securing and Targeting of Online Predators Act (E-STOP)", by adding § 23‑3‑555 so as to provide that a sex offender who is required to register with the Sex Offender Registry must provide information regarding the offender's internet accounts with internet access providers and the offender's internet identifiers, to provide that an authorized internet entity may request certain Sex Offender Registry information from SLED, to provide that SLED must provide certain Sex Offender Registry information to an authorized internet entity, to provide that certain sex offenders must, as a condition of probation or parole, be prohibited from using the internet to access social networking websites, communicate with other persons or groups for the purpose of promoting sexual relations with persons under the age of eighteen, and to provide penalties for violations of this provision; amends § 23‑3‑430, as amended, relating to the Sex Offender Registry, so as to provide that a person convicted of an offense specified by the Sex Offender Registration and Notification Act must be referred to as a sex offender; amends § 23‑3‑450,  so as to provide that a sex offender also must register with the sheriff in each county in which he is employed or enrolled, volunteers, interns, or carries on a vocation at a school, to revise the period of time in which a sheriff shall forward registration information to SLED, and provide that a sheriff in the county in which an offender is employed, is enrolled, volunteers, interns, or carries on a vocation at a school shall notify certain entities within three days of the offender's presence within the law enforcement agency's jurisdiction; amends § 23‑3‑460, as amended, relating to lifetime registration for sex offenders, so as to revise the list of counties in which an offender must register, to provide that a person classified as a Tier III offender must register every ninety days, to revise the period in which an offender must register, and to revise the circumstances upon which an offender must register; amends § 23‑3‑470, as amended, relating to a sex offender's failure to register, so as to revise the information that a sex offender must provide to a sheriff when he registers, to revise the penalty that must be imposed upon an offender who fails to register, and to provide that a first offense may be tried in Magistrates Court; amends § 23‑3‑475, relating to penalties imposed upon a sex offender who provides false information when registering, so as to revise the penalties and provide that a first offense may be tried in Magistrates Court; and amends § 23‑3‑530, as amended, relating to SLED's protocol manual for its administration of the Sex Offender Registry, so as to revise the provisions in the manual relating to the registering and reregistering of sex offenders. Effective June 7, 2010.

Hydrogen Permitting Act. Act 254 (R318, H. 3835) amends the Code of Laws of South Carolina, 1976, by adding Article 5 to Chapter 9, Title 23 to enact the "South Carolina Hydrogen Permitting Act" so as to create the State Hydrogen Permitting Program and to state the purpose of the program; to provide certain definitions; to provide that only the State Fire Marshal may permit a hydrogen facility in this State, but may delegate this authority to a county or municipal official in specific circumstances; to provide the duties and obligations of the State Fire Marshal under the Act; to provide requirements for a party seeking to renovate or construct a hydrogen facility; to provide the State Fire Marshal may impose certain fees related to permitting, licensing, and inspecting under the Act; to provide penalties for a person who conveys or attempts to convey hydrogen in violation of the Act; and amends § 23‑9‑20, so as to provide the State Fire Marshal shall supervise enforcement of the South Carolina Hydrogen Permitting Program. Effective June 14, 2010.

Missing Persons Reports. Act 192 (R240, H. 3719) amends § 23‑3‑240, Code of Laws of South Carolina, 1976, relating to the submission of a missing person report to the missing person information center, so as to provide that any person responsible for a missing person may submit a missing person report; amends § 23‑3‑250, relating to the dissemination of missing person report data, so as to provide that any person responsible for a missing person shall make arrangements for entry of data about the person into the national missing person file and provide that law enforcement agencies shall share this information with local media outlets; amends § 23‑3‑270, relating to the duty of a person who submits a missing person report to a law enforcement agency or the missing person information center to notify both entities of the location of an individual contained in the report whose location has been determined, so as to provide that any person responsible for a missing person may submit a missing person report to a law enforcement agency or to the Missing Person Information Center; and adds § 23‑3‑330 so as to establish the Endangered Person Notification System within the Missing Person Information Center, and to provide for its purpose and procedures. Effective May 28, 2010.

SLED. Act 242 (R309, S. 1137) amends § 44‑53‑398, Code of Laws of South Carolina, 1976, relating to monitoring the sale of products containing ephedrine or pseudoephedrine, so as to also monitor phenylpropanolamine and the sale and purchase of these products; to also make it illegal to purchase certain amounts of these products in certain time periods; to provide that information gathered from the purchaser at the time of the sale of these products must be entered in an electronic log, rather than a written log; to provide that the information must be transmitted to a data collection system that must collect this data in real time and that must generate a stop sale alert if the sale would result in a violation; to provide that a retailer who receives a stop sale alert must not complete the sale unless bodily harm is feared; to require all sales to be reported to the collection system unless the system is not operational and to provide immunity and procedures for delayed submission of this data; to provide an exemption from the electronic log requirement for certain retailers; to provide procedures and penalties for noncompliance for those keeping written logs, and to require the sheriff or chief of police to monitor retailers for compliance with sale and purchase reporting requirements; and by adding Article 14 to Chapter 3, Title 23 so as to provide that the State Law Enforcement Division (SLED) shall have an electronic monitoring system which will serve as the repository for information the data collection system gathers and transfers to SLED pertaining to the sale and purchase of products containing ephedrine, pseudoephedrine, and phenylpropanolamine; to provide that SLED's system must have certain capabilities, to prohibit imposing fees on retailers and law enforcement for access to the data reporting and collection system; to provide that the information in SLED's system is confidential; to authorize SLED and retailers to participate in other data collection systems; and to require SLED to enter into a memorandum of agreement with the national association of drug diversion investigators, as the data collection system; and to provide procedures, certain contents of the memorandum, and roles and responsibilities of the parties. Except as otherwise provided for in this Act, this Act takes effect July 1, 2010.

SLED. Act 271 (R349, H. 4261) amends the Code of Laws of South Carolina, 1976, by adding § 23‑3‑75 so as to provide that an officer of the court who is employed by the South Carolina Law Enforcement Division may issue an administrative subpoena to a financial institution, public or private utility, or communications provider for the production of records during the investigation of certain criminal cases that involve financial crimes. Effective June 24, 2010.

Subversive Activities Registration Act. Act 215 (R263, S. 1167) amends the Code of Laws of South Carolina, 1976, by repealing Chapter 29, Title 23 relating to the Subversive Activities Registration Act. Effective June 7, 2010.

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Local

Aiken County—Board of Education. (R141, S. 442) amends Act 503 of 1982, as amended, relating to the Aiken County School District and the Aiken County Board of Education, so as to revise the authority of area advisory councils established by the Board and to revise the requirement that administrative areas have area superintendents. Effective March 31, 2010.

Aiken County—Valley Public Service Authority. (R257, S. 1021) amends Act 476 of 1969, as amended, relating to the Valley Public Service Authority in Aiken County, so as to add two members to the governing board of the Authority and to provide for their terms and manner of appointment. June 7, 2010.

Anderson County—School District 5. (R320, H. 4107), a joint resolution, requires all road, sewer, and water improvements necessitated by school construction projects in Anderson County School District Five funded by the District's April 2007 one hundred forty million dollar bond issue referendum to be paid for solely from proceeds of that bond issue.

Bamburg—Board of Commissioners of Public Works.  (R167, H. 4635) authorizes the city of Bamberg to add two additional commissioners to the Board of Commissioners of Public Works of the city of Bamberg. Effective March 31, 2010.

Barnwell County—School District Board of Trustees. (R191, H. 3108) amends Act 201 of 1993, relating to payment for services rendered by members of the Williston School District 29 Board of Trustees in Barnwell County, so as to delete the provision that no more than twelve special meetings may be held in one calendar year. Effective May 12, 2010.

Chester County—Student Transfers. Act 294(R291, S. 1405) provides for the transfer of qualifying students from Fairfield County School District to Chester County School District; requires the treasurer of Fairfield County to remit certain funds per transferring pupil to Chester County School District on behalf of Fairfield County School District; provides for the timing of the payment, and to require the State Department of Education to pay the amount due to Chester County School District out of funds otherwise allocated to the Fairfield County School District pursuant to the Education Finance Act if the treasurer of Fairfield County fails to pay Chester County School District; allows the Chester County School District to consider these payments anticipated ad valorem taxation; requires the State Superintendent of Education to settle any dispute that arises between the districts upon the implementation and administration of the provisions of this Act; and provides for the payment of monies previously owed to Chester County School District. Effective June 8, 2010.

Darlington County—School Make Up Days. (R248, H. 4916), a joint resolution, provides that the school day missed on April 26, 2010, by the students of Darlington County School District when the schools were closed due to a tornado 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 25, 2010.

Dillon County—Board of Education. (R204, H. 4700), a joint resolution, provides for an advisory referendum to be held at the same time as the 2010 General Election to determine whether or not the qualified electors of Dillon County favor having the Dillon County Board of Education elected. Effective May 11, 2010.

Fairfield County—Board of Trustees. (R136, H. 4432) amends Act 191 of 1991, as amended, relating to the Fairfield County School District, so as to revise the membership of the Board of Trustees, to revise compensation of Board members, to provide for the filling of vacancies, to provide for the abolition of certain board seats upon certain conditions, and to require the school district board and superintendent to cooperate with newly approved board members. Effective March 4, 2010.

Fairfield County—School District. (R135, H. 4431) amends Act 191 of 1991, as amended, relating to the Fairfield County School District, so as to require the finance committee established by this Act to prepare the district budget and to submit it for Board review, to require the Board to submit the budget to the Fairfield County Council for approval, to authorize the Fairfield County Council to notify the county auditor of the amount of the levy needed to operate schools in the district, to create a finance committee to oversee the financial operations of the district and to provide its membership, duties, and goals, to provide for the hiring of a finance director for the district and to provide his responsibilities and duties, to provide for the abolition of the finance committee and the position of finance director upon certain conditions, and to define the duties of both the board and the district superintendent. Effective March 4, 2010.

Greenville County—Hospital System. (R313, S. 1338) amends Act 432 of 1947, as amended, relating to the Greenville Hospital System, its creation, board, powers, and duties, so as to provide that the Greenville Hospital System Board of Trustees may establish a police department, employ police and security officers, and to provide for the police department's duties, responsibilities, powers, functions, and jurisdiction. Effective June 14, 2010.

Greenville County—Greenville Technical College Area Commission. (R161, H. 4087) amends Act 743 of 1962, as amended, relating to the Greenville County Commission for Technical Education, so as to create the Greenville Technical College Area Commission and to provide for its membership, powers, and duties; and deletes Sections 2 and 3 of Act 743 of 1962. Effective March 31, 2010.

Greenville County—Renewable Water Resources. (R163, H. 4416) expands the authority of the renewable water resources of Greenville County, originally created as the Greater Greenville Sewer District pursuant to the provisions of Act 362 of 1925, to use the by-products of waste treatment facilities for alternate energy production. Effective March 31, 2010.

Greenwood County—Property. (R352, H. 5047) vests title in Greenwood County of certain property formerly belonging to the Greenwood Recreation Commission which was created by Act 338 of 1949 and dissolved by Act 1352 of 1968, and to direct the Clerk of Court for Greenwood County to execute deeds of conveyance on behalf of the Greenwood Recreation Commission. Effective June 28, 2010.

Greenwood County—School District 52. (R319, H. 4051) authorizes the transfer from the Sinking Fund of Greenwood School District 52 to its General Fund a specified sum of money to reimburse the District for amounts paid by it from its General Fund for debt service on a general obligation bond of the District. Effective June 11, 2010.

Irmo Fire District. (R246, H. 4828) amends Act 387 of 1963, as amended, relating to the Irmo Fire District, so as to authorize the Board of Fire Control to adopt rules and regulations to ensure that a building within the District is maintained properly and does not present a fire or safety hazard; and conveys to a fire chief or his designee the same authority that a peace officer has to enforce regulations and other laws promulgated or adopted by the District. Effective June 2, 2010.

Kershaw County—School District. (R336, H. 4966) authorizes the Board of Trustees of the School District of Kershaw County to issue general obligation bonds of the school district within its constitutional debt limit, in one or more series, in a total amount not to exceed two million five hundred thousand dollars, to defray the loss of Education Finance Act funds to the school district, to prescribe the conditions under which the bonds may be issued and the purposes for which the proceeds may be expended, and to make provision for the payment of the bonds. Effective June 16, 2010.

Laurens County—School Districts. (R284, H. 4945) amends Act 779 of 1988, as amended, relating to Laurens County School Districts 55 and 56, so as to revise and redefine the single-member districts from which trustees are elected, to redesignate map numbers on which these districts are delineated, to authorize a nonresident student attending a school in either school district to choose to attend the school he is attending or another school in either school district until his secondary education is completed, and to provide for the payment of transportation costs affected by certain provisions of this Act. Effective June 7, 2010.

Marion County—Board of Education. (R132, H. 4169) amends Act 607 of 1986, as amended, relating to the elections of members of the Marion County Board of Education, so as to provide that a person desiring to qualify as a candidate shall file written notice of candidacy at least sixty days before the date set for the election but not earlier than ninety days before the election, to provide that the county commissioners of election shall publish notices of the election as provided in § 7-13-35, Code of Laws of South Carolina, 1976, and to provide the nonpartisan plurality method as codified in § 5‑15‑61, Code of Laws of South Carolina, 1976, be required to determine the outcome of the election instead of pursuant to Act 81 of 1977. Effective February 24, 2010.

Orangeburg County—School District 4. (R218, H. 4923) authorizes the Board of Trustees of Orangeburg Consolidated School District No. 4 of Orangeburg County to issue general obligation bonds of the District up to its constitutional debt limit in an amount not to exceed seven hundred fifty thousand dollars to defray the loss of Education Finance Act funds to the District, to prescribe the conditions under which the bonds may be issued and the purposes for which the proceeds may be expended, and to make provision for the payment of the bonds. Effective June 2, 2010.

Richland County—State Farmers’ Market. (R227, S. 1190), a joint resolution, makes certain findings by the General Assembly in regard to the settlement of litigation involving a site acquired by the State of South Carolina in Richland County for the proposed state farmers' market, and to confirm and validate the use of specific tracts of land received by the South Carolina Research Authority and Richland County as part of the settlement, and the use of certain revenues to meet obligations continuing under the settlement.

Summerville National Guard Armory. (R164, H. 4485), a joint resolution, authorizes the State Budget and Control Board to transfer ownership of Summerville National Guard Armory in Summerville, South Carolina, to the town of Summerville. Effective April 1, 2010.

Sumter County—School Districts. (R338, S. 1372) amends Act 387 of 2008, as amended, relating to the consolidation of Sumter School Districts 2 and 17, so as to provide that the Chairman and other officers of the Board of the Consolidated District shall serve two-year terms; to provide that the Superintendent of the Consolidated School District shall select and appoint an Assistant Superintendent; to authorize the Boards of Trustees of Sumter School Districts 2 and 17 to issue general obligation bonds of the respective districts for school operating purposes up to the constitutional debt limit of the respective districts for school operating purposes, to provide conditions under which the bonds may be issued and the purposes for which the proceeds may be expended, and to make provision for the payment of bonds; and to provide that funding for the Board before the individual school districts are abolished must be provided from operating funds available to the individual school districts. Effective June 29, 2010.

Union County—Hospital District. (R168, H. 4684) amends Act 848 of 1946, as amended, relating to the creation of the Union Hospital District, so as to add three advisory members to the District's Board of Trustees; and to delete provisions making the Union County treasurer the Board's treasurer, prohibiting a trustee from receiving compensation, allowing reimbursement to a trustee for actual cash expenditures made by him as a trustee, and concerning a seal and certain office procedures of the District. Effective March 31, 2010.  

York County—Fort Mill School District No. 4. (R170, H. 4728) authorizes the Board of Trustees of Fort Mill school District No. 4 of York County to issue general obligation bonds of the District up to its constitutional debt limit in an amount not to exceed two million dollars to defray the loss of Education Finance Act funds to the District, to prescribe the conditions under which the bonds may be issued and the purposes for which the proceeds may be expended, and to make provision for the payment of the bonds. Effective April 15, 2010.

York County—Natural Gas Authority. (R128, S. 1022) amends Act 959 of 1954, as amended, relating to the creation of the York County Natural Gas Authority, so as to allow it to connect to any source of natural gas and to increase its powers to allow, among other things, the purchase and sale of the town of Blacksburg's natural gas system. Effective February 24, 2010.

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Local Government

Revenue Bonds. Act 284 (R340, S. 304) amends § 6‑1‑760, Code of Laws of South Carolina, 1976, relating to municipal or county ordinances imposing an accommodations fee and the use of the revenue from the fees including the issuance of certain bonds so as to provide that the proceeds of local accommodations fees, hospitality fees, and state accommodations fees may be pledged as security for the payment of bonds for capital projects used to attract and support tourists; and amends § 6‑4‑10, relating to state accommodations taxes, so as to provide that revenues allocated for tourism advertising and promotion may not be pledged as security for certain bonds or to retire such bonds. Effective June 28, 2010.

Special Purpose Districts. Act 199 (R224, S. 910) amends § 6‑21‑185, Code of Laws of South Carolina, 1976, relating to a special purpose district mortgage to secure certain bonds or loans when the special purpose district provides hospital, nursing home, or care facilities, so as to remove limitations regarding accommodations tax collections from the authority of a district to mortgage its property under the revenue bond act for utilities; by adding § 6‑17‑95 so as to authorize a municipality providing hospital, nursing home, or care facilities to borrow money in a manner that is consistent with § 44‑7‑60; and by adding § 6‑11‑101 so as to clarify the powers of hospital districts including owning, leasing, operating, maintaining, conveying, selling, or mortgaging of hospital facilities. Effective June 1, 2010.

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Magistrates & Constables

Kershaw County. Act 179 (R213, H. 4302) amends § 22‑2‑190, Code of Laws of South Carolina, 1976, relating to the county jury area designations for use in magistrates courts, so as to revise the jury areas for Kershaw County to provide for one jury area countywide. Effective May 19, 2010.

Laurens County. Act 149 (R173, H. 4048) amends § 22‑2‑190, Code of Laws of South Carolina, 1976, relating to the county jury area designations for use in magistrates courts, so as to revise the jury areas for Laurens County to provide for one jury area countywide. Effective April 26, 2010.

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Motor Vehicles

Driver’s License. Act 277 (R296, S. 288) amends Article 1, Chapter 1, Title 56, Code of Laws of South Carolina, 1976, by adding § 56‑1‑146 so as to require a clerk of court to notify the Department of Motor Vehicles of a person who is convicted of a violent crime; to require the Department of Motor Vehicles to notify the convicted person that he shall surrender his driver's license or special identification card to the Department; by adding § 56‑1‑148 so as to provide that a person convicted of a violent crime shall have a special code affixed to the reverse side of his driver's license or special identification card that identifies the person as having been convicted of a violent crime, to provide a fee to be charged for affixing the code and for its distribution, and to provide a process for removing the code; amends § 56‑1‑80, as amended, relating to the contents of a driver's license application, so as to make technical changes; amends § 56‑1‑3350, as amended, relating to the issuance of a special identification card by the Department of Motor Vehicles, so as to make technical changes; and provides that the provisions of § 56‑1‑80 must be met upon the renewal of an existing driver's license or special identification card. This Act takes effect July 1, 2011, and applies to all persons convicted of a crime of violence as defined in § 16‑23‑10(3).

Driver’s Licenses. Act 216 (R264, S. 1171) amends § 56‑1‑10, as amended, Code of Laws of South Carolina, 1976, relating to definitions pertaining to driver's licenses, so as to change certain existing definitions and to define "home jurisdiction"; amends § 56‑1‑640, relating to reciprocity in reporting certain convictions to other party jurisdictions, so as to include Canada and Mexico as party jurisdictions; amends § 56‑1‑2030, as amended, relating to certain definitions pertaining to commercial driver's licenses, so as to modify the definition of hazardous material; amends § 56‑1‑2100, relating to commercial driver's license classifications, so as to modify the description of a class c vehicle; and amends § 56‑1‑2070, relating to violations for out-of-service orders, so as to provide graduated fines for these violations. Effective June 7, 2010.

Highways. Act 250 (R312, S. 1298) amends § 56‑5‑70, Code of Laws of South Carolina, 1976, relating to the regulation of commercial and utility vehicles on the highways during a state of emergency declared by the Governor, so as to provide that when certain federal regulations trigger relief from federal motor carrier regulations in North Carolina or Georgia, the Governor must declare that emergency in this State for the same purposes, to further provide for the enforcement and termination of the state emergency, to provide that citations for speeding and disregarding traffic control devices, except toll collection enforcement, based solely on photographic evidence only may be issued for violations that occur while relief from these federal regulations are in force due to an emergency, and to require service of the citation within one hour of the violation. Effective June 11, 2010.

License Plates. (R290, S. 1330), a joint resolution, provides that in 2011 and 2012, the annual fee for the automobile manufacturer standard license plate for vehicles in such manufacturer's employee benefit program and for the testing, distribution, evaluation, and promotion of its vehicles is six hundred ninety-nine dollars; to provide that twenty dollars of each fee is credited to the General Fund of the State and the balance to local governments; and to provide that the entire fee amount be credited to the General Fund of the State for nonresident participants in the employee benefit program. Effective January 1, 2011.

Manufactured License Plates. Act 188 (R231, S. 1328) amends § 56‑3‑2330, as amended, Code of Laws of South Carolina, 1976, relating to manufacturer license plates for motor vehicles, so as to increase from four to five hundred the number of these plates that may be issued to a manufacturer and to increase from ten to twenty days the maximum number of consecutive days that vehicles with these plates may be used in connection with civic and sporting events. Effective May 28, 2010.

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Municipal Corporations

Election Commissioners and Staff. Act 191 (R239, H. 3630) amends § 5‑15‑90, Code of Laws of South Carolina, 1976, relating to appointment of a Municipal Election Commission in each municipality to conduct municipal elections, so as to require all election commissioners and staff to complete a training and certification program conducted by the State Election Commission. Effective May 28, 2010.

Municipal Improvement District Act. Act 282 (R305, S. 950) amends §§ 5‑37‑20, 5‑37‑35, 5‑37‑40, as amended, 5‑37‑50, as amended, and 5‑37‑100, Code of Laws of South Carolina, 1976, all relating to the Municipal Improvement District Act, so as to clarify that an easement for maintenance in channels, canals, or waterways is sufficient property interest to proceed with an assessed district; to authorize some portion of the bonds issued to fund assessments may be backed by the taxing power of a municipality; and to provide an exception of an owner of residential property to be required to consent to inclusion in an improvement district when the sole improvements are the widening and dredging of canals. Effective June 16, 2010.

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Parks, Recreation & Tourism

Patriot Point Development Authority Board. Act 281 (R303, S. 783) amends § 51‑13‑720, as amended, Code of Laws of South Carolina, 1976, relating to members of the Governing Board of the Patriots Point Development Authority, so as to provide for three additional members of the Board and the manner of their terms and appointment. Effective June 16, 2010.

Riverbanks Park Commission. Act 197 (R222, S. 836) amends § 51‑13‑80, Code of Laws of South Carolina, 1976, relating to rules and regulations of the Riverbanks Parks Commission, so as to delete provisions that authorize the Riverbanks Parks Commission to adopt rules and regulations regarding park property and authorize the Commission to employ police officers, to prohibit certain activities while on park property, and to delete the provision that fines and forfeitures collected pursuant to §§ 51‑13‑50 through 51‑13‑80 be forwarded to the Riverbanks Parks Commission. Effective June 3, 2010.  

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Probate Code

Personal Property. Act 266 (R341, S. 382) amends § 62‑2‑804, Code of Laws of South Carolina, 1976, relating to the effect of provision for survivorship on succession to joint tenancy, so as to make such provisions applicable to real property held in joint tenancy; and by adding § 62‑2‑805 so as to provide for a presumption that a decedent and the decedent's spouse held tangible personal property in a joint tenancy with right of survivorship, for exceptions to the presumption, and for the standard of proof to overcome the presumption. Effective June 24, 2010.

Probate Court. Act 244 (R274, H. 3803) amends multiple sections of the Code of Laws of South Carolina, 1976, all relating to the various actions and proceedings concerning the affairs of decedents, protected persons, minors, and incapacitated persons falling under the subject matter jurisdiction of the probate court, so as to differentiate between a formal proceeding and an application to the court and the procedural rules governing each, to require the filing and service of a summons and petition to commence a formal proceeding, and to distinguish that requirement of a summons and petition from the notice requirements for a hearing on a petition; and amends multiple sections of Title 62, all relating to the South Carolina Trust Code, so as to substitute "person" for "parent" and "issue" for "child", to delete the requirement of a taxpayer identification number on a certificate of trust, allow certain reimbursements to a prospective trustee, and to make technical changes. Effective June 7, 2010.

Trusts. Act 181 (R220, S. 372) amends § 62‑2‑207, Code of Laws of South Carolina, 1976, relating to the determination of an elective share of a spouse, so as to clarify that an interest as a beneficiary in a testamentary trust or in property passing to an inter vivos trust through the decedent's will is a beneficial interest chargeable to the elective share; and amends § 62‑7‑401, relating to creation of a trust, so as to provide for the inclusion of a surviving spouse's beneficial interests in trust property in calculating the elective share. Effective May 28, 2010.

Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Act 213 (R259, S. 1070) amends the Code of Laws of South Carolina, 1976, by adding Part 7 to Article 5, Title 62 so as to enact the "South Carolina Adult Guardianship and Protective Proceedings Jurisdiction Act", to define necessary terms, and to provide a uniform procedure for jurisdiction over adult guardianships, conservatorships, and other protective proceedings to ensure only one state has jurisdiction at a given time. The provisions of this act take effect on January 1, 2011, and apply to guardianship and protective proceedings begun on or after that date.

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Professions & Occupations

Alcohol and Other Drug Abuse Services. Act 194 (R243, H. 4405) amends the Code of Laws of South Carolina, 1976, by adding § 40‑43‑70 so as to define certain terms, and to provide for the dispensing of certain drugs or devices at a federally qualified health center. Effective May 28, 2010.
Assessors. Act 204 (R251, S. 406) amends § 40‑60‑35, Code of Laws of South Carolina, 1976, relating to continuing education requirements for assessors, so as to reduce the number of hours of instruction each year for assessors with an active license or certification from nine hours to seven hours, and to make technical changes. Effective June 7, 2010.

Chiropractors. Act 230 (R280, H. 4508) amends § 40‑9‑10, Code of Laws of South Carolina, 1976, relating to chiropractors and chiropractic practice, so as to add certain definitions; amends § 40‑9‑20, relating to licenses required for persons practicing chiropractic procedures, so as to exclude students participating in a preceptorship or residency training program under specified conditions, to revise the circumstances when specific charges may be made, and to delete the exception for senior students at a chiropractic college chartered by the state; and adds § 40‑9‑25 so as to provide the circumstances when a student enrolled in a preceptorship or residency training program may perform chiropractic procedures.

Manufactured Homes. Act 272 (R350, H. 4350) amends § 40‑29‑340, Code of Laws of South Carolina, 1976, relating to criteria required for a manufactured home, so as to provide that for a sale of a previously owned manufactured home, the buyer and seller must certify that at least two functioning smoke detectors are in the home. Effective June 28, 2010.

Mortgage Lending Act. Act 287 (R272, H. 3790) amends § 40‑58‑20, as amended, Code of Laws of South Carolina, 1976, relating to certain definitions pertaining to the licensure of mortgage brokers, so as to define a "qualified loan originator"; amends § 40‑58‑50, as amended, so as to require licensure for a qualified loan originator, to provide applications procedures and qualification requirements; amends § 37‑3‑501, as amended, relating to the definition of a supervised loan, so as to provide exceptions to this definition; and amends § 37‑3‑503, relating to a license to make a supervised loan, so as to prohibit a person licensed to make a supervised loan from engaging in certain closed-end credit transactions, and to provide graduated penalties for violations. Effective June 29, 2010.

Pharmacists. Act 224 (R269, H. 3393) amends the Code of Laws of South Carolina, 1976, by adding § 40‑43‑190 so as to require the Board of Medical Examiners to issue a written protocol authorizing pharmacists to administer influenza vaccines and certain medications without an order of a practitioner and to provide for the contents of the protocol; and by adding § 40‑43‑200 so as to create a Joint Pharmacist Administered Influenza Vaccines Committee under the Board of Medical Examiners and to provide for its members, powers, and duties, including assisting the Board in establishing a written protocol authorizing pharmacists to administer influenza vaccines without an order of a practitioner. Effective July 1, 2010.

Soil Classifiers. Act 249 (R310, S. 1148) amends Chapter 28, Title 40, Code of Laws of South Carolina, 1976, relating to the regulation of landscape architects, so as to conform the Chapter to the statutory organizational framework of Chapter 1, Title 40 for Professions and Occupations under the administration of the Department of Labor, Licensing and Regulation; and, among other things, to transfer the oversight and regulation of landscape architects from the Department of Natural Resources to the Department of Labor, Licensing and Regulation; to create the Board of Landscape Architectural Examiners, to provide for its members, powers, and duties, and to transfer the powers and duties of the Department of Natural Resources to the Board; to provide that landscape architects must be licensed rather than registered, to provide for an emeritus landscape architect, and to further provide that the Department of Labor, Licensing and Regulation shall administer the program for licensure of landscape architects; to revise certain licensure requirements; to further provide for a firm to obtain a certificate of authorization to allow an individual landscape architect to practice through a firm offering landscape architect services; and to amend Chapter 65, Title 40, relating to the regulation of professional soil classifiers, so as to conform this Chapter to the statutory organizational framework of Chapter 1, Title 40 for professions and occupations under the administration of the Department of Labor, Licensing and Regulation; and, among other things, to provide that persons engaging in professional soil classification must be licensed, rather than registered; to revise qualifications for licensure; to provide grandfathering provisions for registered professional soil classifiers to become licensed professional soil classifiers upon the next renewal of their registration; and to further provide for the licensure and regulation of professional soil classifiers; and to require the Department of Labor, Licensing and Regulation to provide the General Assembly with certain financial information and administrative costs on each profession and occupation under the Department. Effective June 11, 2010.

State Board of Pyrotechnic Safety. Act 196 (R207, S. 454) amends Chapter 56, Title 40, Code of Laws of South Carolina, 1976, relating to the State Board of Pyrotechnic Regulations, so as to revise the chapter title, to provide state policy concerning pyrotechnics; to increase the State Board of Pyrotechnic Safety from six to seven members; to provide procedures for filling a Board seat that is vacant for sixty days; to provide that mileage, per diem, and subsistence for board members must be paid by the Board rather than from the State General Fund; to provide that the Office of State Fire Marshal will provide administrative support to the Board and that the Department of Labor, Licensing and Regulation, among other functions, will provide administrative, fiscal, investigative, and inspection operations and activities of the Board; to define terms, to require licensure for the manufacturing, sale, or storage of fireworks and to provide licensure qualifications and requirements, to authorize the Department, fire chiefs, and law enforcement officers to investigate complaints and take necessary action to maintain public safety, to provide grounds for disciplinary action and sanctions that may be imposed; to provide procedures for hearings and appeals, to establish requirements for facilities for the manufacturing, sale, or storage of fireworks, to provide requirements for a retail fireworks sales license, including the requirement to have liability insurance; to require a wholesale license to store display fireworks, to require the reporting of fires and explosions; to provide criminal and civil penalties for violations; and to further provide for the licensure and regulation of persons manufacturing, selling, or storing fireworks; and to repeal §§ 23‑35‑10, 23‑35‑20, 23‑35‑30, 23‑35‑40, 23‑35‑50, 23‑35‑60, 23‑35‑70, 23‑35‑80, 23‑35‑90, 23‑35‑100, 23‑35‑110, 23‑35‑120, 23‑35‑140, and 23‑35‑160 relating to the regulation, licensure, and permitting of fireworks and explosives. Effective June 1, 2010.

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Property & Conveyances

Property. (R215, H. 4445), a joint resolution, extends certain government approvals affecting the development of real property within the state. Effective May 19, 2010.

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Public Finance

Appropriations Bill, 2010-2011. Act 291 (R293, H. 4657) makes appropriations and provides revenues to meet the ordinary expenses of state government for the fiscal year beginning July 1, 2010, regulates the expenditure of such funds, and further provides for this operation of state government during this fiscal year and for other purposes.

General Reserve Fund. Act 152 (R171, H. 3395) amends § 11‑11‑310, as amended, Code of Laws of South Carolina, 1976, relating to the General Reserve Fund, so as to make conforming amendments to reflect any change in the amount required to be held in the General Reserve Fund pursuant to the Constitution of this State and the rate and manner of replenishment of that amount; amends § 11‑11‑320, as amended, relating to the Capital Reserve Fund, so as to further provide for the manner in which revenues in the Fund must be used in each fiscal year including a requirement that the Capital Reserve Fund may not be used to offset a midyear budget reduction; amends § 11‑9‑890, relating to the delineation of fiscal year revenue estimates by quarters and actions required to avoid year-end deficits, so as to revise procedures required to reduce General Fund appropriations and expenditures and the criteria which requires such reductions; amends § 1‑11‑495, relating to monitoring revenues and expenditures to determine year-end deficits, so as to further provide for when reductions by the State Budget and Control Board may be ordered, to provide that the reductions are subject to any bill or resolution enacted by the General Assembly, and to add a requirement that to recognize a deficit requires four votes of the members of the State Budget and Control Board; repeals § 11‑11‑325 relating to budget shortfalls and the requirement that the State Budget and Control Board first must reduce the Capital Reserve Fund before mandating cuts to operating appropriations if a revenue shortfall is projected; and provides for the manner in which and conditions under which these provisions take effect. Except where otherwise stated, this act takes effect upon approval by the Governor.  

Rural Infrastructure Act. Act 171 (R202, H. 4511) amends the Code of Laws of South Carolina, 1976, by adding Chapter 50 to Title 11 so as to enact the "South Carolina Rural Infrastructure Act", to establish the South Carolina Rural Infrastructure Authority, and to provide for its governance, powers, and duties; to authorize the authority to provide loans and other financial assistance to a municipality, county, special purpose or public service district, and a public works commission to finance rural infrastructure facilities; to allow state appropriations, grants, loan repayments, and other available amounts to be credited to the fund of the authority; to authorize lending to and borrowing by eligible entities through the authority. Effective May 26, 2010.

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Public Officers & Employees

Campaign Disclosures and Reports. Act 190 (R237, H. 3066) amends § 8‑13‑365, Code of Laws of South Carolina, 1976, relating to electronic filing of campaign disclosures and reports, so as to make it applicable to all disclosures and reports required by the provisions of Chapter 13, Title 8 and Chapter 17, Title 2. Effective May 28, 2010.

Campaign Funds. Act 225 (R270, H. 3706) amends § 8‑13‑1348, Code of Laws of South Carolina, 1976, relating to the use of campaign funds for personal expenses, so as to authorize a debit card or online transfer on a campaign account may be used on expenditures more than twenty-five dollars in addition to a written instrument, and provide conditions on these banking transactions. Effective June 7, 2010.

Power of Attorney. Act 256 (R325, H. 4239) amends § 8‑21‑310, as amended, Code of Laws of South Carolina, 1976, relating to the schedule of fees and costs collected by county clerks of court and registers of deeds, so as to waive the recording fee otherwise required for a power of attorney filed by a member of the Armed Forces of the United States preparatory to deployment to a combat zone upon presentation of copies of the deployment order, to waive the recording fee for a revocation of a power of attorney filed by or on behalf of a member of the Armed Forces and to provide the circumstances under which the revocation fee is waived, and to define "combat zone". Effective June 11, 2010.

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Public Records

Register of Deeds. Act 127 (R126, S. 654) amends § 30‑5‑10, as amended, Code of Laws of South Carolina, 1976, relating to the performance of the register of deeds' duties by the clerk of court in certain counties, so as to provide Lancaster County has a separate clerk of court and register of deeds; to amend § 30‑5‑12, as amended, relating to the appointment of the register of deeds in certain counties, so as to provide the governing body of Lancaster County shall appoint the register of deeds for Lancaster County; and to repeal Act 454 of 2000 relating to the transfer of the duties of the register of deeds in Lancaster County to the records management director of Lancaster County. Effective February 24, 2010.

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Public Utilities, Services & Carriers

Electric Cooperatives. Act 141 (R148, S. 1096) amends the Code of Laws of South Carolina, 1976, by adding § 58‑37‑50, so as to authorize electricity providers and natural gas providers to implement financing agreements for the installation of energy efficiency and conservation improvements; to provide for the recovery of the financing through charges paid for by the customers benefiting from the installation of the energy efficiency and conservation measures; to protect the entities from liability for the installation, operation, and maintenance of the measures; to provide for the installation of energy efficiency and conservation measures in rental properties; to provide for an energy audit before entering into a financing agreement; to provide a mechanism for recovery of the costs of the measures installed in rental properties; to provide that this section applies to certain energy efficiency and conservation measures; to provide that an electricity provider or natural gas provider may not obtain funding from certain federal programs; to amend § 8‑21‑310, as amended, relating to the schedule of fees and costs to be collected by clerks of court and registers of deeds, so as to allow them to charge a fee for filing a notice of a meter conservation charge; and to amend § 27‑50‑40, relating to disclosure statements to a purchaser of real estate, so as to require the disclosure of a meter conservation charge by sellers of real property. Effective March 31, 2010.

Electric Cooperatives. Act 258 (R327, H. 4448) amends § 58‑5‑380, Code of Laws of South Carolina, 1976, relating to restrictions on interruption of electric and gas services to residential customer for nonpayment of bill, so as to authorize gas utilities to implement prepayment programs for residential customers in such a manner that will promote energy efficiency and conservation by facilitating consumer awareness of energy use and the conservation of energy resources and to allow the gas utilities to interrupt service when the prepaid account balance is zero if certain conditions are met, and allow alternative compliance; by adding § 58‑27‑250 so as to authorize electric utilities to implement prepayment programs for residential customers in such a manner that will promote energy efficiency and conservation by facilitating consumer awareness of energy use and the conservation of energy resources and to allow the utilities to interrupt service when the prepaid account balance is zero if certain conditions are met, and allow alternative compliance; by adding § 58‑31‑460 so as to authorize the South Carolina Public Service Authority to implement prepayment programs for residential customers in such a manner that will promote energy efficiency and conservation by facilitating consumer awareness of energy use and the conservation of energy resources and to allow the Public Service Authority to interrupt service when the prepaid account balance is zero; by adding § 33‑49‑255 so as to authorize electric cooperatives to implement prepayment programs for residential customers in such a manner that will promote energy efficiency and conservation by facilitating consumer awareness of energy use and the conservation of energy resources and to allow the electric cooperatives to interrupt service when the prepaid account balance is zero; and by adding § 5‑31‑690 so as to authorize municipal electric and gas systems to implement prepayment programs for residential customers in such a manner that will promote energy efficiency and conservation by facilitating consumer awareness of energy use and the conservation of energy resources and to allow the systems to interrupt service when the prepaid account balance is zero. Effective June 11, 2010.

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Retirement Systems

Judges and Solicitors. Act 198 (R223, S. 906) amends § 9‑8‑50, as amended, Code of Laws of South Carolina, 1976, relating to service credit in the retirement system for judges and solicitors, so as to provide that a member upon termination who does not qualify for a monthly benefit may transfer his service credit to the South Carolina Retirement System, and to clarify provisions related to the transfer of earned service credit in retirement plans administered by the South Carolina Retirement Systems. Effective June 3, 2010.

SC Retirement System. Act 162 (R189, S. 1145) amends §§ 9‑1‑1540, as amended, 9‑9‑65, and 9‑11‑80, as amended, Code of Laws of South Carolina, 1976, relating to the date upon which an application for disability retirement must be filed with the South Carolina Retirement System, so as to provide that a member is considered to be in service on the date the application is filed if the member is not retired and the last day the member was employed by a covered employer in the system occurred not more than ninety days prior to the date of filing. This Act takes effect upon approval by the Governor and applies to any application for disability retirement filed with the South Carolina Retirement Systems on or after May 12, 2008.

SC Retirement System. Act 176 (R210, S. 1146) amends §§ 9‑1‑1770, as amended, 9‑1‑1775, 9‑8‑110, as amended, 9‑9‑100, as amended, 9‑11‑120, as amended, 9‑11‑125, and 9‑11‑140, as amended, Code of Laws of South Carolina, 1976, relating respectively to, among other things, life insurance benefits paid beneficiaries of deceased retirees of the South Carolina Retirement System, the South Carolina Retirement System for members of the General Assembly, the Retirement System for Judges and Solicitors, and the South Carolina Police Officers Retirement System, and benefits paid pursuant to the accidental death benefit program of the South Carolina Police Officers Retirement System, so as to maintain compliance with the Internal Revenue Code of 1986 by providing for these benefits to be paid in the form of death benefits rather than insurance and to correct a reference. This Act takes effect upon approval by the Governor and applies for death benefits payable based on member deaths occurring after June 30, 2010.

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Social Services

Adult Abuse. Act 223 (R268, H. 3358) amends § 43‑35‑10, as amended, Code of Laws of South Carolina, 1976, relating to the definition of terms used in the Omnibus Adult Protection Act, so as to revise the definition of "investigative entity" by including the Vulnerable Adults Investigations Unit and the Medicaid Fraud Control Unit, to revise the definition of "neglect", and to define "operated facility" and "contracted facility"; amends § 43‑35‑15, as amended, relating to responsibilities of investigative entities upon receipt of a report, so as to clarify that referral of a case to a prosecutor must be made when further action is necessary; amends § 43‑35‑35, as amended, relating to reporting deaths when abuse or neglect is suspected, so as to provide that deaths in a facility referred to the Vulnerable Adults Investigations Unit must be investigated pursuant to § 43‑35‑520; amends § 43‑35‑40, as amended, relating to requirements of an investigative entity upon receiving a report of adult abuse, so as to further specify and clarify procedures for reporting cases in which there is a reasonable suspicion of criminal conduct; amends § 43‑35‑85, as amended, relating to criminal penalties for failing to report adult abuse when required to report and penalties for committing abuse, so as to delete provisions requiring actual knowledge of abuse, neglect, or exploitation and to delete provisions authorizing disciplinary action to be taken by a person's licensing board when the person is required to report and fails to make a report when the person has reason to believe that abuse occurred; amends § 43‑35‑520, relating to the responsibility of the Vulnerable Adults Investigations Unit to investigate fatalities occurring in facilities operated by, or contracted for operations by, the Department of Mental Health or the Department of Disabilities and Special Needs, so as to require the Unit to also investigate fatalities occurring in a nursing home contracted for operation by the Department of Mental Health when abuse or neglect or certain other circumstances of the death are present; adds § 44‑7‑295 so as to authorize the Department of Health and Environmental Control to enter facilities at all times to inspect conditions relating to the State Certification of Need and Health Licensure Act, to copy records, and to obtain a warrant for these purposes when entry is denied or no emergency exists; amends § 44‑7‑315, as amended, relating to information received by the Department of Health and Environmental Control when conducting inspections, so as to provide that the Department's authority includes inspections of activities licensed by the Department and to delete references to group homes; amends § 44‑7‑320, relating to sanctions that the Department of Health and Environmental Control may impose on a person or facility for violations of the State Certification of Need and Health Licensure Act, so as to provide that the Department may impose both a monetary penalty and suspension or revocation of a license; and amends § 23‑3‑810, relating to responsibilities of the Vulnerable Adults Investigations Unit, so as to clarify that referral of a case to a prosecutor must be made when further action is necessary. Effective June 7, 2010.

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Study Committees

Joint Electronic Health Information Study Committee. (R156, H. 3170), a joint resolution, creates the Joint Electronic Health Information Study Committee to examine the feasibility of increasing the use of health information technology and electronic personal health records, to provide for the Study Committee's membership, and to require the Study Committee to report its findings and recommendations to the General Assembly before February 15, 2011, at which time the Study Committee is abolished. Effective March 31, 2010.

Microenterprises. (R214, H. 4352), a joint resolution, establishes a study committee to review, study, and make recommendations concerning the need to foster the development of microenterprises in this State, provides for the study committee's membership, and to require the study committee to report its findings and recommendations to the General Assembly no later than January 20, 2011, at which time the study committee is abolished. Effective May 19, 2010.

Veterans. (R129, H. 3488), a joint resolution, establishes a committee to study certain issues affecting veterans and provide for related matters including, but not limited to, committee membership and duties, the filling of vacancies, committee meetings, and staffing. Effective February 24, 2010.

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Taxation

Cigarette Tax. Act 170 (R193, H. 3584) amends the Code of Laws of South Carolina, 1976, by adding § 12‑21‑625 so as to impose a surtax on each cigarette in an amount of two and one-half cents, to provide for the crediting of the revenue from the surtax to the Medical University of South Carolina Hollings Cancer Center for tobacco-related cancer research, the Smoking Prevention and Cessation Trust Fund (SPCTF), and the Medicaid Reserve Fund, to provide for reporting, payment, collection, and enforcement of the surtax, and to define "cigarette"; amends § 12‑21‑620, relating to the original cigarette tax, so as to include the definition of "cigarette"; by adding § 11‑11‑230 so as to create and establish the Smoking Prevention and Cessation Trust Fund and the Medicaid Reserve Fund, both so as to receive deposits of the revenues from the cigarette surtax as specified; and by adding § 11‑49‑55 so as to provide that if funds from the SPCTF are available, and not otherwise committed, the Department of Agriculture shall receive one million dollars annually for five years for marketing and branding state-grown crops and to assist in relief from natural disasters affecting state-grown crops. Except where otherwise provided, this Act takes effect upon approval by the Governor.

Community Economic Development Act. Act 248 (R304, S. 915) amends Act 314 of 2000, relating to the South Carolina Community Economic Development Act (Act) and community development tax credits, so as to terminate the provisions of the Act and tax credits on June 30, 2015. Effective June 14, 2010.

Estate Tax. Act 251 (R314, S. 1348) provides that the personal representative, trustee, or any affected beneficiary of a decedent dying in calendar year 2010 may bring a proceeding in probate court to determine the decedent's intent when the will, trust, or other instrument contains a formula based on federal estate tax or generation-skipping tax and to provide the time in which the proceeding must be commenced. This Act takes effect upon approval by the Governor and applies with respect to decedents dying after December 31, 2009, and before January 1, 2011.

Fire Sprinkler System. Act 232 (R282, H. 4663) amend § 12‑6‑3622, Code of Laws of South Carolina, 1976, relating to fire sprinkler system tax credits, so as to create a study committee to develop new strategies to increase participation in the tax credit program by all local taxing entities, and to review and make recommendations for increasing the installation of interconnected hard-wire smoke alarms; to require a report of the committee's findings no later than January 30, 2011; to provide the committee shall dissolve upon the date of its report, to provide the committee's membership and composition, and to provide the committee members must serve with no compensation for per diem, mileage, or subsistence; adds § 6‑9‑55 so as to provide the Building Codes Council shall promulgate as regulations any provision of or amendment to a building code that would affect construction requirements for one-family or two-family dwellings, and that a building code provision concerning these construction requirements that would otherwise become effective after the effective date of this section may not be enforced until the effective date of the regulation promulgated pursuant to this section; and to provide a regulation mandating the installation of an automatic residential fire sprinkler system in a one-family or two-family dwelling may not become effective before January 1, 2014; amends § 58‑5‑390, relating to fees for the installation of a fire sprinkler system, so as to provide nothing in this section may give the Public Service Commission or the Office of Regulatory staff power to regulate or interfere with public utilities owned or operated by or on behalf of a municipality, county, or regional transportation authority; repeals § 6‑9‑135 relating to certain adopted flood coverage provisions of the 2006 International Residential Code. Except where otherwise provided, this Act takes effect upon approval by the Governor.

Income Tax. Act 150 (R174, H. 4514) amends § 12‑44‑30, as amended, Code of Laws of South Carolina, 1976, relating to the fee in lieu of Tax Simplification Act, so as to revise the definition of "termination date"; and amends § 12‑6‑590, as amended, relating to treatment of "S" corporations for tax purposes, so as to provide that a specified amount of income taxes paid by resident and nonresident shareholders of certain "S" corporations engaged in manufacturing must be deposited into a special fund and distributed by the Coordinating Council for Economic Development as grants for public infrastructure improvements. Provides for guidelines to administer the fund and applications for the grants. Effective April 27, 2010.

Income Tax Return. Act 274 (R254, S. 850) amends § 12‑6‑5060, as amended, Code of Laws of South Carolina, 1976, relating to the designation on a state individual income tax return of a voluntary contribution by the taxpayer to certain funds, so as to provide that a taxpayer may contribute to the South Carolina Forestry Commission for use in the State Forest System and to the South Carolina Department of Natural Resources for use in its programs and operations. Amends § 12‑54‑250, as amended, relating to the authority of the Department of Revenue to require payment with immediately available funds, so as to delete provisions relating to simultaneous acts for purposes of interest and penalties. Effective June 17, 2010.

Internal Revenue Code. Act 142 (R154, S. 1174) amends § 12‑6‑40, as amended, Code of Laws of South Carolina, 1976, relating to the application of the Internal Revenue Code to state income tax laws, so as to update the reference to the Internal Revenue Code to the year 2009; to adopt the provisions of public law 111-126 relating to the timing of deductions for charitable contributions for Haiti relief; amends § 12‑6‑50, as amended, relating to provisions of the Internal Revenue Code not adopted by state law, so as to add provisions to those not adopted; amends § 12‑6‑3910, as amended, relating to estimated state income payments, so as to allow the Department of Revenue to waive penalties on corporate taxpayers who calculate South Carolina estimated tax payments based on federal estimated tax periods that do not conform to state law; and amends Act 110 of 2007 and Act 16 of 2009, relating to miscellaneous revenue provisions and conformity of state income tax law to the Internal Revenue Code, so as to delete obsolete provisions. Effective March 31, 2010.

License Tax. Act 228 (R277, H. 4233) amends § 12‑21‑1010, as amended, Code of Laws of South Carolina, 1976, relating to definitions for purposes of the beer and wine license tax, so as to conform the definition of "beer" for purposes of this license tax to the revised definition for "beer" provided by law for the regulation of beer and wine sales and consumption. Upon approval by the Governor, the revised definition of "beer" in § 12‑21‑1010 (3) of the 1976 Code, as amended by this Act, applies retroactively to May 2, 2007.

Nonprofit Organizations. Act 263 (R333, H. 4837) amends § 12‑21‑3940, as amended, Code of Laws of South Carolina, 1976, relating to the bingo license required for nonprofit organizations, so as to eliminate the prohibition on issuing such a license to a nonprofit organization which holds a license to sell alcoholic liquors by the drink; and amends § 12‑21‑3920, as amended, relating to definitions for purposes of the Bingo Tax Act, so as to revise the definition for "nonprofit organization". Effective June 11, 2010.

Property Tax Exemptions. Act 175 (R209, S. 1024) amends § 12‑37‑220, as amended, Code of Laws of South Carolina, 1976, relating to property tax exemptions, so as to allow the surviving spouse of a decedent who was eligible for the exemption of the dwelling owned by a person with certain specific illnesses causing the same ambulatory difficulties as persons with paraparesis or hemiparesis. This Act takes effect upon approval by the Governor and applies for property tax years beginning after 2009.

Property Tax Exemptions. Act 264 (R334, H. 4839) amends § 12‑37‑220, as amended, Code of Laws of South Carolina, 1976, relating to property tax exemptions, so as to clarify that the property tax exemption for recipients of the Medal of Honor and prisoners of war in certain conflicts applies to Medal of Honor recipients, regardless of when the Medal of Honor was awarded or the conflict involved. Effective June 11, 2010.

Property Tax Exemptions. Act 279 (R299, S. 405) amends § 12‑37‑220, as amended, Code of Laws of South Carolina, 1976, relating to property tax exemptions, so as to clarify that a watercraft and its motor may not receive a forty-two and 75/100 percent exemption if the boat or watercraft is classified for property tax purposes as a primary or secondary residence; amends § 12‑37‑714, as amended, relating to boats with a situs in this state for purposes of property tax, so as to allow a county, by ordinance to revise within specified limits situs requirements based on presence; amends § 12‑37‑224, as amended, relating to watercraft, camper trailers, and recreational vehicles eligible to be a primary or secondary residence for purposes of property tax, so as to provide that a boat or watercraft that contains a cooking area with an onboard power source, a toilet with exterior evacuation, and a sleeping quarter, is considered a primary or secondary residence for purposes of property tax. Provides for those eligible to apply for this classification and the number of such applications allowed. Amends § 50‑23‑295, as amended, relating to restrictions on the transfer of a certificate of title to a watercraft or outboard motor subject to delinquent property taxes and enforcement of these restrictions, so as to make it unlawful knowingly to sell a watercraft subject to delinquent property taxes, provide a penalty for violations, and provide a civil remedy with treble damages to a watercraft buyer against a seller who falsely signed the required certificate that property taxes on the watercraft are current. Effective June 16, 2010.

Real Property. Act 275 (R276, H. 4174) amends § 12‑37‑3150, as amended, Code of Laws of South Carolina, 1976, relating to determining when a parcel of real property must be appraised as a result of an assessable transfer of interest and relating to those transfers that do not constitute an assessable transfer of interest, so as to further provide for those transfers, conveyances, and distributions that do not constitute an assessable transfer of interest in real property, and for the terms, conditions, and requirements of such transactions. Amends § 12‑37‑3140, as amended, relating to the determination of fair market value of real property for property tax purposes, so as to provide that the fifteen percent limitation on the increase in the fair market value of real property as a result of a countywide appraisal and equalization program must be calculated on the land and improvements as a whole. This Act takes effect upon approval by the Governor, and shall apply to real property transfers after 2009. No refund is allowed on account of values adjusted by the changes to the provisions of § 12‑37‑3150.

Sales and Use Tax Exemptions. Act 280 (R302, S. 717) amends § 12‑36‑2120, as amended, Code of Laws of South Carolina, 1976, relating to sales tax exemptions, so as to exempt machinery, equipment, building and other raw materials, and electricity used by a facility owned by a tax exempt organization investing at least twenty million dollars over three years in the facility when that facility is used principally for researching and testing the impact of natural hazards such as wind, fire, earthquake, and hail on building materials used in residential, commercial, and agricultural buildings. Effective June 16, 2010.

Textile Mill Sites. Act 182 (R221, S. 728) amends § 12‑65‑30, Code of Laws of South Carolina, 1976, relating to the entitlement to tax credits under the Textiles Communities Revitalization Act, so as to further provide for the applicability of specific requirements for textile mill sites acquired before and after 2007, to revise the allowable amount of the credits in certain instances, to provide that the tax credits allowed include credits against insurance premium taxes, to make a technical correction, to further provide for the manner in which these credits are vested in a taxpayer and may be allocated to partners or members, and provide when a taxpayer is not eligible for the credits. Adds § 12‑65‑50 so as to provide transition rules applicable to specific mill sites; adds § 12‑65‑60 so as to further provide for the eligibility certification process; amends § 12‑65‑20, relating to definitions under the Textile Communities Revitalization Act, so as to revise the definition of a "textile mill"; and amends § 4‑9‑195, as amended, relating to the grant of special property tax assessments to "rehabilitated historic property" or "low and moderate income rental property", so as to further provide for the circumstances when the property becomes disqualified for the special assessment. Effective May 28, 2010.

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Trade & Commerce

Department of Agriculture Commissioner. Act 261 (R331, H. 4563) amends the Code of Laws of South Carolina, 1976, by adding § 39‑25‑115 so as to require the Commissioner of the Department of Agriculture (Department) to promulgate regulations relating to prescribed conditions for the issuance of permits for the manufacturing, processing, or packaging of foods under certain conditions; and to allow an officer or employee of the commissioner to have access to a factory or establishment owned by a permit holder to ascertain compliance with the permit conditions. Adds § 39‑25‑210 so as to require a person engaged in manufacturing, processing, or packaging foods to first register with the Department and to provide exceptions, to provide for the renewal of permits, and to provide penalties for failure to obtain a permit. Amends § 39‑25‑30, relating to prohibited acts, so as to include operating without registering; amends § 39‑25‑180, relating to promulgation of regulations by the Commissioner, so as to include regulations relating to good manufacturing practices, thermally processed low-acid foods packaged in hermetically sealed containers, acidified foods, fish and fishery products, hazard analysis and critical control point systems, and food allergen and labeling; and amends § 39‑25‑190, relating to authority to enter and inspect a premises, so as to provide that the Department may perform analytical work and laboratory services. Effective June 11, 2010.

Motor Fuel Terminals. Act 147 (R160, H. 3707) amends the Code of Laws of South Carolina, 1976, by adding § 39‑41‑235 so as to require motor fuel terminals to offer for sale all grades of petroleum products suitable for subsequent blending with ethanol; requires motor fuel terminals to offer for sale all grades of diesel fuel suitable for blending to produce biodiesel or biodiesel blends; prohibits the sale of an unblended product without necessary additives; prohibits the denial of a distributor or retailer from being the blender of record; requires the utilization of the Renewable Identification Number System; declares a violation of this section an unfair trade practice and provides a penalty; requires wholesaler purchasers to ensure their activities result in products that meet certain standards; provides for liability for damages arising from the blending of gasoline, gasoline blending stock, or diesel; and requires notice of the entity that performed the blending in certain locations. (A) § 39‑41‑235(A) and § 39‑41‑235(B) as contained in SECTION 2 of this Act take effect sixty days after approval of the Governor. Except as provided in subsection (A) of this SECTION, this Act takes effect upon approval of the Governor.

Weighmasters. Act 260 (R330, H. 4562) amends § 39‑11‑30, Code of Laws of South Carolina, 1976, relating to registration fees of weighmasters and deputy weighmasters, so as to delete the additional fee for deputy public weighmasters and to provide that the Chapter applies to employees designated by a public weighmaster; amends § 39‑11‑60, relating to length of registration and renewal, so as to delete deputy weighmasters from the provision regarding length of registrations and renewals; amends § 39‑11‑80, relating to refusal or revocation of a license, so as to delete the refusal or revocation of a deputy public weighmaster license by the Commissioner of Agriculture; and repeals §§ 39‑11‑40 and 39‑11‑50 relating to employment or designation of deputy weighmasters and renewal of registration, respectively. Effective June 11, 2010.

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Waters, Water Resources & Drainage

Water Withdrawal, Permitting, Use, and Reporting Act. Act 247 (R300, S. 452) amends Chapter 4, Title 49, Code of Laws of South Carolina, 1976, relating to the "South Carolina Surface Water Withdrawal and Reporting Act". This bill makes comprehensive revisions regarding permitting to the Surface Water Withdrawals and Reporting Act. Provides for new definitions; and provides that all surface water withdrawals, with certain exceptions, must be permitted.  Provides that a permit may not be issued to a new applicant unless the Department of Health and Environmental Control determines that the applicant’s proposed use is reasonable to the regulations. Provides for exemptions for emergencies, farm pond, mining, evaporation, hydropower, wildlife management, and special purpose districts.  Continues registrations for agricultural operations and requires permitting for existing users, new users, and inter-basin transfers. Sets 20 to 40 years as the term of permit for a new user and 30 to 40 years as the term of permit for an existing user.  Establishes that public water systems’ term of permit is up to 50 years based on debt recovery.  The Act also addresses “minimum flow” based on mean annual daily flows; provides for nonconsumptive surface water withdrawal and its permitting.  Among numerous other provisions, the Act provides for an application procedure for surface water withdrawers who own and operate a licensed impoundment, or new surface water withdrawers who withdraw water from a licensed impoundment. Effective January 1, 2o11.

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Workers' Compensation

Firefighters. Act 126 (R125, S. 362) amends § 42‑11‑30, as amended, Code of Laws of South Carolina, 1976, relating to firefighters and law enforcement officers covered under workers' compensation law and the presumption regarding impairment or injury from heart disease or respiratory disease, or both, so as to provide that the impairment or injury is considered to have arisen out of and in the course of employment if they have successfully passed a physical exam by July 1, 2012, and before an alleged injury; and to provide an alternative procedure and deadline for submission of physical examination reports when a law enforcement agency cannot produce the report required by this section. Effective February 25, 2010.

Inmates. Act 219 (R267, S. 1303) amends § 42‑7‑65, as amended, Code of Laws of South Carolina, 1976, relating to the average weekly wage designated for certain categories of employees, so as to establish the average weekly wage for an inmate who works in a federally approved Prison Industries Enhancement Certification Program. Effective June 7, 2010.  

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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.gov.

Description Doc. # Vol./Issue
Clemson University-State Crop Pest Commission
Citrus Greening Quarantine 4105 SR34-4
Phytophthora Ramorum Quarantine 4106 SR34-4
Education, State Board of
Regulations for Additional Areas of Certification 4117 SR34-6
South Carolina Virtual School Program 4116 SR34-6
Health and Environmental Control, Department of
Air Pollution Control Regulations and Standards 4070 SR34-5
Air Pollution Control Regulations and Standards 4085 SR34-5
Hazardous Waste Management 4080 SR34-5
Natural Resources, Department of
Property Owned and Leased by the Department 4110 SR34-6
Seasons, Limits, Methods of Taking and Special Use Restrictions on WMA’s; Turkey Hunting Rules and Seasons 4090 SR34-4
Subspecies of Non-game Wildlife 4069 SR34-4
Public Service Commission
Uniform Real Property Recording Act 4078 SR34-4

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