February 17, 2015
Vol. 32, No. 06
South Carolina House of Representatives
James H. "Jay" Lucas, Speaker of the House
OFFICE OF RESEARCH AND CONSTITUENT SERVICES
Room 212, Blatt Building, P.O. Box 11867, Columbia, S.C.
29211, (803) 734-3230
NOTE: THESE SUMMARIES ARE PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND ARE NOT THE EXPRESSION OF THE LEGISLATION'S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. THEY ARE STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND ARE NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.
Legislative Update, February 17, 2015
HOUSE WEEK IN REVIEW
The House of Representatives approved and sent the Senate H.3114, the "SOUTH CAROLINA PAIN-CAPABLE UNBORN CHILD PROTECTION ACT" which establishes a prohibition on the performance of abortions beginning at twenty weeks following fertilization. The bill includes legislative findings regarding substantial medical evidence indicating that an unborn child has developed sufficiently to be capable of experiencing pain by twenty weeks after fertilization and the state's interest in protecting the lives of unborn children beginning at the stage at which substantial medical evidence indicates that they are capable of feeling pain. This legislation provides that, except in the case of a medical emergency, no abortion must be performed, induced, or attempted unless a physician has first made a determination of the probable post-fertilization age of the unborn child or relied upon such a determination made by another physician. Any person who intentionally or knowingly fails to conform to this requirement is guilty of a misdemeanor subject to a fine of not less than two thousand dollars nor more than ten thousand dollars and/or imprisonment for not more than three years. No part of the minimum fine may be suspended. For conviction of a third or subsequent offense, the sentence must be imprisonment for not less than sixty days nor more than three years, no part of which may be suspended. Failure by any physician to comply constitutes unprofessional conduct. The legislation prohibits abortions from being performed, induced, or attempted when the determination has been made that the probable post-fertilization age is twenty or more weeks. An exception is allowed for cases in which the mother has a condition that so complicates her medical condition as to necessitate the abortion to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. When an abortion must be performed where the probable age of the fetus is twenty or more weeks, the legislation requires the physician to proceed in a manner which provides the best opportunity for the unborn child to survive, unless terminating the pregnancy in this manner would pose a greater risk of either death or substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the woman than would other available methods. Physicians performing abortions must provide certain information, including post-fertilization age, on required reports to the state registrar, Department of Health and Environmental Control. The legislation includes provisions for reports made by physicians to protect individual patient information as well as for the reporting of abortion statistics to the public by the department. The legislation includes penalty provisions for any physician who fails to submit reports within certain timeframes. Intentional or reckless falsification of any report by a physician is a misdemeanor. Any woman upon whom an abortion has been performed or induced in violation of these provisions, or the father of the unborn child, or any woman upon whom an abortion has been attempted in violation of these provisions, may maintain an action against the person who performed or inducted the abortion in intentional or reckless violation of these provisions for actual and punitive damages. The legislation allows for a cause of action for injunctive relief against any person who has intentionally or recklessly violated these provisions. If judgment is rendered in favor of the plaintiff in an action, the court shall render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant. No damages or attorney's fee may be assessed against the woman upon whom an abortion was performed or induced or attempted to be performed or induced. The legislation includes provisions requiring the court to rule in every civil or criminal proceeding brought under these provisions whether the anonymity of any woman upon whom an abortion has been performed or induced must be preserved from public disclosure if she does not give her consent to such disclosure.
The House approved and sent the Senate H.3125, legislation enhancing provisions for COMBATTING HUMAN TRAFFICKING. The legislation includes within the jurisdiction of the state grand jury human trafficking offenses that involve more than one county. The legislation provides new requirements for posting National Human Trafficking Resource Center Hotline information that apply to a list of establishments such as adult businesses, massage parlors, hospital emergency rooms, agricultural labor contractors, hotels, motels, airports, train stations, bus stations, rest areas, and truck stops. Penalties are established for failing to comply with the posting requirements.
The House approved and sent the Senate H.3194, a bill ENHANCING CAMPAIGN FINANCE DISCLOSURE REQUIREMENTS. The legislation expands the definition of a candidate who is subject to the requirements of the Ethics, Government Accountability, and Campaign Reform Act so that it also includes someone who maintains an open bank account containing campaign contributions. The legislation also revises requirements for maintaining records of contributions, so as to authorize the appropriate supervisory office to request in writing the disclosure of certain mandatory financial records for the purpose of verifying campaign disclosure forms. A candidate, committee, or ballot measure committee must comply with such written requests within thirty days.
The House amended, approved, and sent the Senate H.3189, a bill establishing REPORTING REQUIREMENTS FOR INDEPENDENT EXPENDITURES AND ELECTIONEERING COMMUNICATIONS that are made to influence the outcome of an election or ballot measure question. The legislation requires reports to be made to the State Ethics Commission by those individuals and groups, not already subject to the campaign finance requirements imposed upon committees, who make an independent expenditure in excess of five hundred dollars during a year or who engage in electioneering communications. Electioneering communications are mass communications making use of broadcast television, cable, satellite communication, mass postal mailing, or telephone banks during set periods before elections and primaries that refer to a clearly identified candidate for elected office or ballot measure. Such things as online activity through social media, news coverage, and candidate debates are not considered electioneering communications. The required reports must include such matters as detailed descriptions of expenditures, identifying and contact information for those filing the report, and identification of contributors who have made donations exceeding one hundred dollars.
The House amended, approved, and sent the Senate H.3195, a bill revising campaign finance provisions for candidates and elected officeholders that relate to the USE OF CAMPAIGN FUNDS. The legislation prohibits campaign funds from being used to pay penalties, fees, or fines imposed by the State Ethics Commission or other supervisory body or by a court in a criminal matter. The legislation provides clarification on what qualifies as reasonable and necessary expenses that may be paid for with campaign funds. Any campaign account payments or reimbursements of mileage for travel associated with the campaign or office must be at the rate established for the year by the Internal Revenue Service. Payment or reimbursement for any lodging, food and beverage, or travel expenses, other than mileage, for the candidate, a member of the candidate's immediate family or staff must be for travel for the purpose of campaigning for office or otherwise a part of the official responsibilities of an officeholder. Official responsibilities of the officeholder include such things as political party events, official appearances or meetings for which reimbursement is not offered by a governmental entity, and educational forums or conventions to which an officeholder is invited in his official capacity. The legislation eliminates the specific authorization for American Legislative Exchange Council conventions and conferences from the exceptions of allowed functions paid for by a lobbyist’s principal that legislators may attend. Communication equipment or other office equipment, such as cell phones, computers, printers, and copiers, purchased with campaign funds is considered the sole property of the campaign and must be disclosed as a campaign asset at the time of purchase. This equipment must be accounted for upon the final disbursement of a campaign account. Any payments to campaign or office staff must be made contemporaneously with the work provided. A campaign may not compensate an immediate family member of the candidate. The legislation disallows cash payments from campaign accounts by eliminating petty cash provisions and providing instead that all expenditures, regardless of amount, must be made by a check, a debit or credit card, or an online transfer.
The House approved and sent the Senate H. 3199, a bill relating to RETIRING CAMPAIGN DEBT. This legislation requires that funds raised under Ethics Act provisions that allow a candidate to accept contributions in order to retire campaign debt must be used for the sole purpose of retiring campaign debt.
The House amended, approved, and sent the Senate H.3006, a bill providing for a FIVE-YEAR DURATION FOR STATE AGENCY REGULATIONS. The legislation provides that every new regulation promulgated under the Administrative Procedures Act expires five years from the date on which it becomes effective. The legislation eliminates current requirements for agencies to review their regulations every five years.
The House amended, approved, and sent the Senate H.3202, the "SOUTH CAROLINA WHISTLEBLOWER AND PUBLIC EMPLOYEE PROTECTION ACT". The legislation adds the Inspector General to the list of appropriate authorities who can receive a public employee’s report of alleged government wrongdoing. The legislation specifies that these reports must be filed in written form in order for a public employee to receive the legal protections afforded whistleblowers. The legislation enhances the rewards that are available for public employees whose reports of government waste or fraud result in savings of public money by removing the current cap of two thousand dollars and allowing a reward in the full amount of twenty-five percent of the first year’s estimated net savings. The legislation enhances what can be recovered through civil actions brought by public employees who are dismissed, demoted, or otherwise retaliated against because of their reports of alleged government misconduct by including such things as lost health care or retirement benefits. A more expansive statute of limitations is provided to allow whistleblowers more time to avail themselves of the law’s protections.
The House approved and sent the Senate H.3168, the "SOUTH CAROLINA EMERGENCY MANAGEMENT LAW ENFORCEMENT ACT". The legislation establishes procedures for the use of out-of-state law enforcement officers who are deployed to this state during declared emergencies or disasters under the provisions of the Emergency Management Assistance Compact that South Carolina has entered into with its fellow states.
The House amended, approved, and sent the Senate H.3179, a bill relating to the REGULATION AND OVERSIGHT OF CERTIFIED PUBLIC ACCOUNTANTS. The legislation revises the composition of the South Carolina Board of Accountancy by expanding its membership from nine to eleven, providing for each congressional district to be represented by one certified public accountant board member, and by requiring that one of the two at-large members selected from the general public be a licensed attorney. The legislation revises certified public accountant licensure requirements by providing authorization for applicants to undergo state and federal criminal records checks and by requiring continuing education or additional experience, as applicable, for applicants who delay submitting an application for a substantial period of time after passing the certified public accounting examination or obtaining accounting experience. The legislation revises qualifications for registration of a certified public accounting firm, so as to provide that a simple majority, rather than a supermajority, of the firm ownership must be certified public accountants. The legislation further provides qualifications and continuing professional education requirements for noncertified public accountant owners of these firms. In conducting investigation of complaints and disciplinary proceedings, the Department of Labor, Licensing and Regulation may require state and federal criminal records checks. The legislation establishes deadlines for filings applications for obtaining and renewing licenses and registration.
The House approved and sent the Senate H.3519, a bill to provide for the RATIFICATION OF THE AMENDMENT TO THE SOUTH CAROLINA CONSTITUTION AUTHORIZING CHARITABLE RAFFLES CONDUCTED BY NONPROFIT ORGANIZATIONS that was approved by the state's voters at the last general election.
The House approved and sent the Senate H.3247, a joint resolution to provide for the CONTINUATION OF THE STUDY COMMITTEE ON THE EXPUNGEMENT OF CRIMINAL OFFENSES until December 31, 2015.
HOUSE COMMITTEE ACTION
EDUCATION AND PUBLIC WORKS
H. 3037 received a favorable report. This bill regards TUITION FOR IN-STATE VETERANS and revises the criteria under which veterans who are honorably discharged and their dependents may receive in-state tuition rates by removing the minimum "twelve month residency period immediately preceding their discharge" and states they and their dependents are "entitled to receive in-state tuition and fees at state institutions without the requirement of one year of physical presence in this State."
H. 3265 received a favorable report, as amended. This bill provides that each student must receive INSTRUCTION IN CARDIOPULMONARY RESUSCITATION (CPR) at least once during the entire four years of grades nine through twelve, which must include, but not be limited to, hands-only CPR and the use of an automated external defibrillator (AED). The bill requires application of certain standards, a waiver for students, grand-fathers students who have fulfilled certain health requirements and notes that school districts must comply with the provisions of this Act no later than the 2017-2018 school year.
H. 3044 received a favorable report, as amended. The bill involves SCHOOL TERMS and revises the requirement regarding school terms, alternatives and give local school boards discretion in structuring their academic calendar. The bill provides school districts with the option of basing their school calendars on the traditional 190 day method or allowing them to use an equivalent number of hours. The bill allows local school districts to decide "how best to structure the instructional day and how many days of instruction comprise the school year" which accommodates that the local school district calendar includes instructional days to coincide with official testing dates as set by the South Carolina Department of Education for the administration of the statewide testing program. The number of instructional hours in an instructional day may vary according to local board policy and does not have to be uniform among schools in the district. The opening date for students may not be before the third Monday in August, except for schools that operate on a year-round modified school calendar. Several sections entail a cleanup of the South Carolina Code.
H. 3432 received a favorable report, as amended. This bill provides that MARTIN LUTHER KING, JR. DAY AND MEMORIAL DAY MUST BE RECOGNIZED AS HOLIDAYS FOR ALL LOCAL SCHOOL DISTRICTS of the state and that the schools and offices of the districts must be closed on those dates. This addition begins with the 2016-2017 school year and districts may not schedule make-up days on either day.
H. 3142 received a favorable report. This bill regarding MOPEDS holds that it is unlawful for a person to operate a moped on the public roads in this State that have a speed limit of greater than forty-five miles per hour; that a person, while operating a moped, and his passenger must each wear a reflective vest and that the operator of a moped must have a rear red tail light that flashes continually.
H. 3165 received a favorable report. This bill establishes that MOPEDS ARE MOTOR VEHICLES AND NOT MOTORCYCLES.
H. 3264, passed favorable with an amendment, provides for the issuance of "AMERICAN RED CROSS SPECIAL LICENSE" plates.
H. 3213 received a favorable report. This bill concerns DRIVER SAFETY and provides that a law enforcement officer who suspects that a motor vehicle accident was the result of a driver’s loss of consciousness due to a medical condition must notify the Department of Motor Vehicles of this determination.
H. 3191, amended, received a favorable report. The bill creates the OFFICE OF FREEDOM OF INFORMATION ACT REVIEW (replete with additional hearing officers and staff) under the Administrative Law Court, particularly the Chief Judge. This process makes specific findings of what information should be disclosed. The Administrative Law Court will hear appeals from the Review’s rulings. The justices could find a party in civil contempt for failure to comply with a court order or with the Freedom of Information Act. The bill gives someone the right to receive electronic transmission of requested records. The bill caps fees not to exceed one hundred dollars per hour and changes the fees that may be charged setting a deposit’s maximum charge at twenty-five percent of the total cost. A fee may be charged for the hourly work of compiling documents, with fees not exceeding commercial copying charges. The bill addresses the time frame a public body has to respond. Initial response time decreases from fifteen business days to ten business days (with exceptions regarding the age of the documents) and sets a thirty calendar day time frame for the provision of the documents. The bill also allows for a citizen or a public body to appear before the Review regarding the FOIA request and the response. The bill removes the misdemeanor penalty and adds a civil action with a three-year statute of limitations with penalties.
H. 3192, as amended, received a favorable report. The bill clarifies that regarding PUBLIC NOTICE REQUIREMENTS an agenda is required for all meetings and that the agenda must be publicly accessible. This bill states that no items may be added to the agenda without twenty-four hour notice in the same manner as the original posting. During a meeting, as the first order of business, an item may be added to an agenda only if two thirds of those present and voting are in favor of adding the item and there must be a finding that irreparable harm to the public will result if the item is not added. This bill also adds the twenty-four hour notice requirement to General Assembly meetings before an item may be added to the agenda.
BILLS INTRODUCED IN THE
HOUSE THIS WEEK
AGRICULTURE, NATURAL RESOURCES AND
H.3563 HUNTING AND TAKING OF DEER Rep. Goldfinch
It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer on tracts of at least seven hundred fifty contiguous acres which are owned by the person pursuing deer with dogs or which the person pursuing deer with dogs has the written permission of the owner or owners thereof to use for such purposes. However, invitees of this person also may engage in the pursuit of deer with dogs.
H.3564 REGISTRATION OF WITHDRAWAL OF SURFACE WATER FOR AGRICULTURAL USES Rep. J. E. Smith
Beginning July 1, 2015, all surface water withdrawers, including those withdrawing surface water for agricultural uses, must apply for a permit to withdraw surface water.
H.3573 WILD TURKEY TRANSPORTATION TAGS Rep. Finlay
The bill outlines that in addition to a hunting license and big game permit, a hunter shall obtain up to three annual individual wild turkey transportation tags issued in his name. A landowner may apply to the Department of Natural Resources for a wild turkey transportation tag permit at a cost of five hundred dollars per application and twenty dollars per one hundred acres over five hundred acres on each permit application. Each application may cover multiple contiguous tracts of land.
The bill also includes that the term "baited area" does not include a field that is planted under normal agricultural practices.
H.3575 "SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT" Rep. Jefferson
The bill revises the definition of "solid waste" to exclude steel slag that is a product of the electric arc furnace steelmaking process; provided, that such steel slag is sold and distributed in the stream of commerce for consumption, use, or further processing into another desired commodity and is managed as an item of commercial value in a controlled manner and not as a discarded material or in a manner constituting disposal.
H.3646 PASSIVE SOIL BASED ON SITE DISPOSAL SYSTEMS Rep. Burns
The bill allows for nongravity based soil based on site disposal systems.
EDUCATION AND PUBLIC WORKS
H. 3542 "COLLEGE FINANCIAL AID EDUCATION ACT OF 2015" Rep. King
This bill enacts the "College Financial Aid Education Act Of 2015" relating to topics included in high school financial literacy programs, so as to include financing secondary education among the topics
H. 3543 SCHOOL START DATES Rep. King
This relates to the authority of each local school district Board Of Trustees to establish annual school calendars for schools under its jurisdiction and the bill provides the authority to establish the opening date for the annual school calendar of the public schools in Chester County, Chesterfield County, Cherokee County, Fairfield County, Lancaster County, Union County, and York County.
H. 3544 SCHOOL START DATES Rep. King
This bill relates to the authority of each local school district Board Of Trustees to establish annual school calendars for schools under its jurisdiction and adds the authority to establish the opening date for the annual school calendar in York County schools.
H. 3546 STIPENDS TO STUDENT ATHLETES Rep. Bamberg
This bill provides that participating institutions of higher education in this state shall annually award stipends to student athletes who participate in an intercollegiate sport and maintain a good academic standing during the previous year.
H. 3549 DELTA WATERFOWL Rep. Ott
This bill provides that the Department of Motor Vehicles may issue "Delta Waterfowl" special license plates.
H. 3552 INTERSCHOLASTIC ATHLETIC ASSOCIATIONS Rep. Hayes
This bill provides a public school district supported by state funds may not use any funds or permit any school within the district to use any funds to join, affiliate with, pay dues or fees to, or in any way financially support an interscholastic athletic association unless the constitution, rules, or policies of the association contain certain provisions, and to provide that if an association fails to comply with these requirements, public school districts and schools affiliated with it must end their affiliation with the association before the beginning of the upcoming school year, and are prohibited from paying dues or fees to the association.
H. 3558 MAXIMUM GROSS WEIGHT OF VEHICLES Rep. Ott
This bill provides that cotton modular vehicles are exempt from axle spacing requirements and establishes a maximum weight for these vehicles and deletes the provision that provides that the permit must be carried on these vehicles.
H. 3560 HEARING OFFICERS AND TEACHER DISMISSALS Rep. Limehouse
This bill provides that a school board may designate a hearing officer to conduct a dismissal hearing and issue a report with recommendations, provides related requirements of a hearing officer, provides a hearing must be private unless the teacher requests in writing that the hearing be public, provides that a notice of dismissal must be given by the superintendent or his designee instead of the school board, and specifies use of a court reporter to record the proceedings, and to provide an appeals process.
H. 3572 GOLF CARTS Rep. Goldfinch
This bill requires an owner of a golf cart to obtain a permit decal and registration to operate a golf cart along a public road or highway, increases the fee for the permit and registration and provides that the department of motor vehicles must provide to a law enforcement agency, upon request, the name and address of the owner of a golf cart registered with the department.
H. 3659 VEHICLE REQUIREMENTS SUSPENDED DURING A STATE OF EMERGENCY Rep. Daning
This bill extends the period during which vehicle requirements are suspended during a state of emergency, provides that the suspension requirements apply to commercial and utility vehicles traveling on non-interstate routes, and provides that suspensions of the time of service requirements are for thirty days unless extended by federal regulation for both interstate and non-interstate routes.
H. 3657 SCHOOL BOARD TRUSTEE TERMS Rep. Yow
This provides that the mandatory commencement of elected school Board Trustees' terms one week following certification of election requirement applies except where otherwise provided by law.
H. 3661 DEPARTMENT OF TRANSPORTATION Rep. Pitts
This bill provides that all the commissioners of the Commission of the Department of Transportation must be appointed by the Governor and serve at the pleasure of the Governor, to provide that appointees must be screened by the Joint Transportation Review Committee, and to provide that no person may serve as a Commissioner for more than twelve years and no county may have a resident Commissioner for more than twelve consecutive years; provides that the Commission of the Department of Transportation, instead of the Governor, shall appoint the Secretary; requires the Committee to screen appointees to the Commission of the Department of Transportation in a similar manner as currently elected Commissioners are screened; prohibits the commencement of any new road construction projects in this state until July 1, 2020; increases the board to thirteen members and to set forth the membership, and to provide that no member may serve more than twelve years. This bill also prohibits the bank from providing any loans or other financial assistance to any project unless the eligible costs of the project are at least twenty-five million dollars; requires the Infrastructure Bank to prioritize all projects in accordance with the prioritization criteria established in Act 114 of 2007, provides an exception so as to set forth the optional process by which the Department of Transportation transfers certain state roads to the counties of this state, to increase the amount distributed to the participating counties over time, to provide that each participating county must receive one million dollars before the funds are distributed based on a formula, abolishes the current County Transportation Committees and then reconstitutes them with the addition of municipal representation, and to specify the manner in which "C" funds must be expended. This bill also changes fees on gasoline, increases the maximum tax from three hundred to five hundred dollars on the sale or lease of a motor vehicle, credits amounts for certain purposes, among them the EIA and changes certain property taxes exemptions.
S. 376 AVIATION AUTHORITY Senator Grooms
This bill restores the previous provisions of law concerning aeronautics and provides for increases of the membership on an aviation authority, provides for the appointment of the members and to repeal Act 130 of 2007.
H. 3545 ARSON Rep. Gambrell
This bill restructures the elements of the degrees of arson.
H. 3548 NOTIFICATION AND TRANSFER OF REPORTS OF CHILD ABUSE OR NEGLECT Rep. J. E. Smith
This bill provides that if the alleged abused or neglected child is a member of an active duty military family, the county Department of Social Services shall notify certain designated military officials at the installation where the active duty service member, who is the sponsor of the alleged abused or neglected child, is assigned. The bill also provides for the collection and granting of access of information and the confidentiality and release of records and information.
H. 3559 EXECUTION OF BOND Rep. G. M. Smith
This bill repeals certain laws relating to the execution of bond by the Director of the Department of Corrections and his officers, employees, and agents.
H. 3565 DATA VERIFICATION Rep. Loftis
This bill requires all state agencies to use a single third party original source compiler and publisher of unencumbered address data for purposes of validating and verifying state residents, households, and businesses, and to direct the Chief Information Officer of the State Budget And Control Board, with the input of affected agencies, to procure such a compiler and publisher in the manner required by the South Carolina consolidated procurement code.
H. 3566 DEPARTMENT OF TRANSPORTATION Rep. Atwater
This bill deletes the provision that provides that the governing body of the Department of Transportation is a seven-member commission; provides that the governing authority of the Department of Transportation is the Secretary of Transportation; deletes the provision that provides the Department of Transportation Commissioners may be removed from office by the Governor under certain circumstances; removes the Chairman of the Department of Transportation Commission as a Director, and to provide that the Secretary of Transportation is a member of the Board; eliminates the Department of Transportation Commission and its responsibilities, allows the Governor to appoint the Secretary of Transportation and requires the Department of Transportation submit to the General Assembly an itemized project list to be funded for the fiscal year in which the General Assembly would enact its annual general appropriations act.
H. 3567 CORONER Rep. Rutherford
This bill provides that a person who is elected as coroner and completes necessary training is qualified to serve as coroner.
H. 3576 NONPROFIT YOUTH SPORTS ORGANIZATIONS Rep. Bannister
This bill provides that certain written agreements between nonprofit youth sports organizations and coaches provide conclusive evidence that the coach is an independent contractor rather than an employee of the organization and that the organization is exempt from certain obligations concerning workers' compensation coverage, unemployment insurance coverage, and income tax withholdings.
H. 3581 DIVERSITY IN the STATE WORKFORCE Rep. M. S. McLeod
This bill establishes a coordinated statewide initiative to promote diversity and inclusion in the state workforce and to define the responsibilities of state agencies under this initiative.
H. 3583 ANTI-BOYCOTT Rep. Clemmons
This bill prohibits the state or a political subdivision of the state from accepting a proposal from or procuring goods or services from a business which engages in the boycott of a person or an entity based on race, color, religion, or national origin.
H. 3645 GOLF CARTS Rep. Norman
This bill provides that a political subdivision may allow a golf cart to be operated along its highways and streets during nighttime hours.
H. 3648 CHILD ABUSE RECORDS Rep. Weeks
This bill provides for the release of certain photographs and x-rays taken without parental consent and other records to South Carolina Children's Advocacy medical response system of child abuse health care providers without parental consent; allows South Carolina Children's Advocacy medical response system of child abuse health care providers to have access to information about indicated cases, to authorize the Department to provide these providers summaries of referrals made to contracted agencies for services and related referral outcomes, and to require the Department to share information relating to an indicated case with a child's primary or specialty health care provider; and authorizes the Department to release a summary of the allegations and investigation outcome to South Carolina Children's Advocacy medical response system of child abuse health care providers.
H.3649 ETHICS TRAINING Rep. Hayes
This bill requires the State Ethics Commission to develop, disseminate, and publish on the commission's internet website a comprehensive ethics training curriculum for local government public employees, public members, and public officials.
H.3653 MUTUAL AID AGREEMENTS Rep. Pope
This authorizes a law enforcement agency to enter into mutual aid agreements or multijurisdictional task force agreements with other law enforcement providers for any length of time.
H.3660 BOATS Rep. Goldfinch
This bill provides for the eviction of a lessor of a boat slip and provides that this provision also applies to boats docked at a marina.
S.10 AUTOPSIES AND FOIA Senator L. Martin
This bill removes the cause of death by a person examined by an autopsy from the autopsy exclusions of information subject to public release in the Freedom of Information Act.
S.196 TRAFFICKING PERSONS Senator Hutto
This bill includes crimes involving trafficking persons in the purview the statewide grand jury.
LABOR, COMMERCE AND INDUSTRY
H.3570 RESOLUTION ON PRESERVING ENVIRONMENTAL QUALITY UNDER THE CLEAN AIR ACT WITHOUT A CLEAN POWER STATE IMPLEMENTATION PLAN Rep. Putnam
This concurrent resolution memorializes the Department of Health and Environmental Control and the South Carolina Public Service Commission to adopt policies that preserve environmental quality under the Clean Air Act while refusing to implement a Clean Power State Implementation Plan.
H.3647 AUTOMOBILE INSURANCE RATE REDUCTIONS FOR NONYOUTHFUL OPERATORS Rep. Norman
This bill revises provisions for automobile insurance rate reductions for nonyouthful operators, so as to eliminate references to approved driver training refresher courses and to reduce from six hours to four hours the amount of classroom training required for approved driver training courses.
H.3654 DEBIT CARDS CONSIDERED THE SAME AS CASH FOR MOTOR FUEL PURCHASES Rep. Williams
This bill provides that a retail seller of motor fuels in this state who charges different prices for the purchase of motor fuel based on the form of payment, must consider a debit card the same as cash, and charge the purchaser the same as if the purchaser paid with cash
H.3662 ENFORCEMENT DATE OF INTERNATIONAL RESIDENTIAL CODE PROVISION Rep. Atwater
This bill changes the enforcement date of Section 501.3 of the 2012 International Residential Code from July 1, 2015 to July 1, 2016.
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
S.136 "ACCESS TO EMERGENCY MEDICAL CARE ACT" Sen. Clearly
This bill revises the definition of "emergency medical provider" to include oral surgeons and dentists licensed by the State Board of Dentistry.
H.3547 NATIONAL AND STATE GUARD REEMPLOYMENT RIGHTS Rep. J. E. Smith
The legislation outlines that the reemployment rights that are granted to members of South Carolina National Guard and members of South Carolina State Guard also applies to a person who is employed in South Carolina but is a member of another state’s national or state guard who, at the discretion of the other state’s Governor or by his authority, enters into state duty and is honorably released from that duty.
H.3578 PUBLICATION OF ASSISTANCE FOR THE HOMELESS Rep. Gilliard
Each year, each county must publish and distribute a document that identifies locations within the county where a homeless or needy person may go to receive shelter, health care, food, and other humanitarian assistance. The document must be made available in county offices that are frequently visited by homeless and needy persons, as determined by the county. Publishing and distribution costs must be borne by the county.
WAYS AND MEANS
H.3551 HOMESTEAD PROPERTY TAX EXEMPTION INCREASE Rep. Hayes
This bill revises the homestead property tax exemption allowed for persons who are over the age of sixty-five years, disabled, or legally blind, so as to increase the exemption amount from the first fifty thousand dollars to the first fifty-two thousand five hundred dollars of the fair market value of the homestead.
H.3561 ASSESSED VALUE OF A VEHICLE Rep. McKnight
This bill revises provisions for the determination of the assessed value of a vehicle for taxation purposes by requiring the Department of Revenue to post its value guides and manuals on its website. If the department derives its vehicle values from a nationally recognized publication that prohibits its public publishing, then the department may determine vehicle values using other available information.
H.3562 "LOCAL OPTION SCHOOL OPERATING MILLAGE PROPERTY TAX CREDIT ACT" Rep. Herbkersman
This bill enacts the "Local Option School Operating Millage Property Tax Credit Act" to provide authority for a county governing body, with referendum approval, to impose a one percent sales tax the revenue of which is used to provide a credit against property tax levied in the county for school operations. The legislation provides that the tax may be rescinded by referendum initiated by a petition of fifteen percent of the qualified electors of the county or by ordinance if the governing body of the county determines that changes in state law providing for the financing of school operations make the original purpose of the tax impossible to accomplish under the existing law.
H.3568 SALES TAX EXEMPTION FOR CONSTRUCTION MATERIALS USED IN HOMES FOR THE NEEDY BY NONPROFIT ORGANIZATIONS Rep. G. R. Smith
This bill provides a state sales tax exemption for construction materials used by a nonprofit organization to build, rehabilitate, or repair a home for the benefit of an individual or family in need.
H.3577 FREE AND REDUCED ADMISSION TO STATE PARKS Rep. Gilliard
This bill expands provisions for free admission and reduced charges to state parks, to allow any South Carolina resident who is a veteran to enter into a state park without charge and to grant all state employees a twenty percent discount on admission to all South Carolina state parks.
H.3579 INFRASTRUCTURE OVERSIGHT RESTRUCTURING AND ROAD FUNDING Rep. Simrill
The legislation provides that all the Department of Transportation Commissioners must be appointed by the Governor and serve at the Governor’s pleasure. Appointees must be screened by the Joint Transportation Review Committee. No county may have a resident commissioner for more than twelve consecutive years. The legislation provides for the Department of Transportation’s Secretary to be appointed by the DOT Commission rather than the Governor. The legislation reconstitutes the Board of Directors of the South Carolina Transportation Infrastructure Bank and increases the board’s membership to thirteen members. Twelve-year maximum terms are established for both the DOT Commission and the Board of Directors of the South Carolina Transportation Infrastructure Bank. The Transportation Infrastructure Bank’s minimum project cost threshold is decreased to $25 million from its current level of $100 million. The legislation prohibits the commencement of any new road construction projects in this state until July 1, 2020. The legislation establishes a protocol under which counties may choose to assume responsibility for roads with lower traffic volume. The legislation reduces the user fee on gasoline and other motor fuels, as well as the road tax, to ten cents a gallon. The legislation imposes an excise tax on the wholesale price of motor fuel equal to the cumulative state sales tax rate and provides that the revenue must be credited to the State Highway Fund. The excise tax may not exceed the equivalent of sixteen cents a gallon. The legislation increases the maximum tax from three hundred to five hundred dollars on the sale or lease of a motor vehicle and, except for holding the Education Improvement Act harmless, credits the revenues to the State Highway Fund.
H.3580 "SOUTH CAROLINA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT REFORM ACT" Rep. Stringer
This bill enacts the "South Carolina Infrastructure and Economic Development Reform Act". The legislation devolves the duties of the Commission of the Department of Transportation upon the Secretary of the Department of Transportation, who is appointed by the Governor. The legislation revises tax rates for individuals, estates, and trusts, so as to provide for an annual two tenths of one percent reduction in tax rates beginning in Tax Year 2016 and ceasing after Tax Year 2025, at which time the reduction in each affected tax bracket shall be permanent. The legislation provides for a ten cent increase in the motor fuel user fee for a period of three years beginning on January 1, 2016 and ending on January 1, 2019. The road tax is increased in the same manner. The legislation revises provisions for tax revenues collected from the sale or lease of a motor vehicle, so as to credit the portion of the revenues credited to the General Fund to the State Highway Fund instead.
H.3582 FIVE PERCENT ALLOCATION OF STATE SOURCE HIGHWAY FUNDS TO VETERAN-OWNED BUSINESSES Rep. Finlay
This bill revises provisions for the allocation of state source highway funds for construction and renovation projects to firms owned and controlled by disadvantaged ethnic minorities or women, so as to add a five percent allocation of state source highway funds to veterans who own a business.
H.3650 "SOUTH CAROLINA VOLUNTARY INFRASTRUCTURE FUNDING ACT" Rep. Chumley
This bill enacts the "South Carolina Voluntary Infrastructure Funding Act" to impose an additional user fee equal to twenty-one cents a gallon on certain motor fuels, with the revenue credited to the State Highway Fund, and to provide exemptions, including a voluntary exemption for individual residents. The legislation allows an individual taxpayer to claim an income tax credit equal to ten percent of the additional user fee paid.
H.3655 COMPLETE HOMESTEAD EXEMPTION FOR LOWER INCOME SENIORS WHO ARE AT LEAST EIGHTY-FIVE YEARS OLD Rep. Williams
This bill extends the homestead exemption for the disabled and elderly to all fair market value of the homestead subject to property tax beginning for the property tax year in which the individual attains the age of eighty-five years if the gross household income of that individual is fifty thousand dollars or less.
H.3663 OVERSIGHT OF SOUTH CAROLINA STATE UNIVERSITY Rep. Bingham
This joint resolution removes the current members of the Board of Trustees of South Carolina State University and devolve the board’s powers upon the State Budget and Control Board. The Budget and Control Board is directed to remove the current President of South Carolina State University and employ an interim chief executive officer who shall serve at-will at the pleasure of the board to aid in directing the university in a new direction with an emphasis on addressing and correcting the ongoing financial difficulties of the university in order to keep the university functional and maintain its accreditation.
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