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February 1, 2011
Vol. 28, No. 04

South Carolina House of Representatives
Robert W. Harrell, Jr., Speaker of the House

OFFICE OF RESEARCH AND CONSTITUENT SERVICES
Room 212, Blatt Building, P.O. Box 11867, Columbia, S.C. 29211, (803) 734-3230

CONTENTS

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


Legislative Update, February 1, 2011

HOUSE WEEK IN REVIEW

The House of Representatives amended, approved, and sent to the Senate H.3003, a bill establishing aPHOTOGRAPH IDENTIFICATION REQUIREMENT FOR VOTING. This legislation requires the State Elections Commission to implement a system for issuing voter registration cards with a photograph of the elector; this voter registration card may be used for voting purposes only. Under the legislation, when a person presents himself to vote, he shall produce a valid South Carolina driver’s license, or other form of identification containing a photograph issued by the Department of Motor Vehicles (DMV), or a passport, or a military photo identification issued by the federal government, or a South Carolina voter registration card containing a photograph. The legislation requires one of the managers to compare the photograph contained on the required identification with the person presenting himself to vote and verify that the photograph is that of the person seeking to vote. If the elector cannot produce a valid South Carolina driver’s license or other approved form of identification, the elector may cast a provisional ballot that is counted only if the elector brings a valid photo identification to the board of voter registration prior to certification by the county board of canvassers. If the manager disputes that the photograph contained on the required identification is the person presenting himself to vote, the legislation establishes a process allowing the elector to cast a provisional ballot. The legislation provides an alternate process of affirming identity through completing an affidavit under penalty of perjury at the polling place and casting a provisional ballot in situations where an elector has a religious objection to being photographed or suffers from a reasonable impediment that prevents the elector from obtaining photograph identification. The State Election Commission is directed to create a list of all registered voters that do not have a form of identification with a photograph issued by the DMV. This list must be made available to registered voters upon request. The commission may charge a reasonable fee for the provision of the list in order to recover costs of producing the list. The DMV shall provide a list of persons issued identification with a photograph at no cost to the commission. The legislation requires the DMV to issue a special identification card to a person who is at least seventeen years old at no charge; currently, there is a fee for the issuance of this special identification card. The DMV may resume charging the fee once the State Election Commission certifies it has implemented statewide the issuance of voter registration cards with a photograph. Currently, the DMV may issue special identification cards to a person ten years or older; this bill allows DMV to issue special identification cards to a person five years of age or older. Among other duties, the legislation requires the executive director of the State Election Commission to enter into the master file a separate designation each for voters casting absentee ballots in a general election. If an elector loses or defaces his registration, he may obtain a duplicate notification from his county board of registration upon request. Also, the legislation includes factors to consider in determining a person’s intention regarding domicile. The State Election Commission is required to establish a voter education program concerning the new provisions and to implement necessary accommodations to allow voting in each county to comply with the Help America Vote Act.

The House approved and sent to the Senate H.3285, a PROPOSED STATE CONSTITUTIONAL AMENDMENT TO REQUIRE MORE EXTENSIVE ROLL CALL VOTES IN THE CONSIDERATION OF LEGISLATION BY THE GENERAL ASSEMBLY. This legislation proposes to amend the State Constitution so as to require the respective Houses of the General Assembly to conduct recorded roll call votes for the Annual General Appropriations Bill and certain other bills and joint resolutions whenever the pending question is adoption of a Conference Report or Free Conference Report, passage of a bill or joint resolution on second reading, either the House of Representatives or the Senate concurs or nonconcurs in the other body's amendment, or a bill or joint resolution is amended subsequent to second reading and the pending question is the passage of a bill or joint resolution on third reading. The proposed amendment must be submitted to the qualified electors at the next general election for representatives.

The House approved and sent to the Senate H.3192, a bill EXEMPTING SCHOOL FACILITY CONSTRUCTION, RENOVATION AND REPAIR FROM DEVELOPMENT IMPACT FEES. This bill exempts from impact fees authorized to be levied under the South Carolina Development Impact Fee Act construction of an elementary, middle, or secondary school facility, or replacing, renovating, or repairing an elementary, middle, or secondary school facility, designed and used primarily for the instruction of students. The legislation makes these provisions retroactive to July 1, 2008.

The House concurred in Senate amendments to H.3278 and enrolled the joint resolution for ratification. The legislation provides that, until June 30, 2011, there are no restrictions on the TYPES OF APPLICANTS OR ORGANIZATIONS THAT MAY APPLY FOR A SPECIAL FIFTEEN-DAY BEER AND WINE PERMIT if the applicant meets all other requirements of law as determined by the Department of Revenue. The joint resolution is offered to provide a temporary and immediate correction until the General Assembly has an opportunity to approve a permanent law change to correct an inadvertent 2010 enactment restricting the issuance of special fifteen-day beer and wine sales permits to nonprofit organizations alone.

The House approved and sent to the Senate H.3399, a bill EXPANDING THE CONCURRENT FEDERAL LAW ENFORCEMENT JURISDICTION OVER THE NATIONAL ADVOCACY CENTER located on the Columbia campus of the University of South Carolina to include adjacent federally occupied property and to the Inn at USC and the Kirkland Apartment Building located on Pendleton Street in Columbia.


HOUSE COMMITTEE ACTION

AGRICULTURE, NATURAL RESOURCES, AND
ENVIRONMENTAL AFFAIRS

The Agriculture, Natural Resources, and Environmental Affairs Committee met on Tuesday, January 25, 2011; however the committee did not report out any bills.

EDUCATION AND PUBLIC WORKS

The Education and Public Works Committee met on Tuesday, January 25, and reported out four items.

The full committee gave a favorable recommendation to H.3185, the "SOUTH CAROLINA HIGHER EDUCATION TRANSPARENCY ACT OF 2011". This legislation requires each public institution of higher learning to maintain a detailed transaction register of all funds expended each month and post that register online. The register must be searchable and updated once a month. The legislation outlines requirements for implementation and provides certain exceptions. Also, each public institution of higher learning must post online all of its monthly credit card statements and the credit card statements for credit cards issued to its officers and employees for official use. If the Comptroller General's office posts the same credit card information on its website, the institution may provide information on how to access its credit card information on the Comptroller General's website in lieu of complying with the these requirements.

H.3410, the "SOUTH CAROLINA HIGHER EDUCATION EFFICIENCY AND ADMINISTRATIVE POLICIES ACT OF 2011,"also received a favorable report from the Education and Public Works Committee. This bill grants administrative relief to the state’s public institutions of higher learning from certain legislatively required procedures. The administrative areas addressed in the bill include facilities and capital expenditures, leasing, real property transactions, financing and administration, procurement, legal counsel employment, fee waivers and tuition board actions.

H.3112 received a favorable with amendment recommendation. This bill pertains to PLACARDS ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES FOR HANDICAPPED PARKING. This legislation permits the user of the handicapped placard to cover the photograph; an exception is provided for requests by law enforcement agents to view the photograph.

The Education and Public Works Committee gave a favorable report to H.3122, which relates to theDEPARTMENT OF MOTOR VEHICLES ISSUANCE OF SPECIAL PERMITS TO MOVE VEHICLES during an emergency. This bill expands the use of these permits. This bill deletes the term "move" and replaces it with the term "operate". The bill deletes the provision that restricts the issuance of the permits to emergency situations, removes the restriction placed on the number of permits that may be issued for a vehicle, and revises the information that must be specified on the permit.

JUDICIARY

The Judiciary Committee met on Tuesday, January 25, and reported out two items.

H.3295, which allows certain HOMEOWNERS ASSOCIATIONS TO OBTAIN A LICENSE TO SELL ALCOHOLIC LIQUORS BY THE DRINK, received a favorable report from the full committee. Specifically, this legislation allows a homeowner's association, chartered as a nonprofit organization by the Secretary of State, whose membership is limited to individuals who own property in the residential community and whose affairs are governed by a board of directors elected by the membership, to be eligible for a license to sell alcoholic liquors by the drink. No member, officer, agent, or employee of the association may be paid a salary or other form of compensation from any of the profit of the sale of alcoholic beverages, except as may be voted on at a meeting of the governing body nor shall the salaries or compensation be in excess of reasonable compensation for the services actually performed. Upon dissolution of the homeowner's association, the remaining assets, if any, may be distributed to its members.

The Judiciary Committee gave a favorable with amendment recommendation to H.3095, pertaining toTRANSFER FEE COVENANTS. The bill provides definitions related to transfer fee covenants, and it includes certain findings related to transfer fee covenants. The bill further provides a transfer fee covenant recorded after the effective date of this legislation, or any lien to the extent that it purports to secure the payment of a transfer fee, is not binding on or enforceable against the affected real property or any subsequent owner, purchaser, or mortgagee of any interest in the property. Nothing in this legislation may imply that a transfer fee covenant recorded before the effective date of this legislation is valid or enforceable.

LABOR, COMMERCE AND INDUSTRY

The full committee did not meet this week.

MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

The Medical, Military, Public and Municipal Affairs Committee did not meet this week.

WAYS AND MEANS

The full committee did not meet this week.


BILLS INTRODUCED IN THE
HOUSE THIS WEEK

AGRICULTURE, NATURAL RESOURCES, AND
ENVIRONMENTAL AFFAIRS

H.3422 SCOUTS Rep. White
A person who has attained the Boy Scouts of America rank of Eagle Scout or has received the Girl Scouts USA Gold Award is not required to obtain a license to hunt or fish throughout this state during his or her lifetime.

H.3423 FISHING OR HUNTING ON FATHER’S DAY Rep. White
This bill adds that a person is not required to possess a license to hunt or fish during Father’s Day weekend or the three days that follow Thanksgiving.

H.3430 HUNTER’S EDUCATION PROGRAM Rep. G. M. Smith
Current law requires the completion of the Hunter’s Education Program prior to being eligible to receive a South Carolina Hunting license. This bill outlines that this provision does not apply to resident active duty, honorably discharged, or retired members of the United States Armed Services who can demonstrate to the department that they successfully have completed rifle marksmanship training during their military career. Persons must apply at a South Carolina Department of Natural Resources regional office or a designated military base for this exemption.

H.3440 SEA GRANT CONSORTIUM Rep. Crawford
This bill makes the South Carolina Sea Grant Consortium a division of the South Carolina Department of Natural Resources. The bill further gives the Department of Natural Resources director the authority to employ a consortium director.

H.3467 CLEANING AGENTS CONTAINING PHOSPHATES Rep. Loftis
This bill adds commercial and household laundry and household dishwashing detergents to the cleaning products included in the restriction on phosphates.

H.3468 DEPARTMENT OF PARKS, RECREATION AND TOURISM Rep. Pitts
Currently, the Department of Parks, Recreation and Tourism has authority of all state parks. This bill transfers the authority of all parks belonging to the state to the Department of Natural Resources.

H.3470 USE, SALE, OR MANUFACTURE OF CLEANING AGENTS CONTAINING PHOSPHATES Rep. Pitts
The bill adds household dishwashing detergent to the cleaning products included in the restriction on phosphates. The provision does not restrict sale by a retailer of a household dishwashing detergent product from inventory existing and in stock at the retailer on July 1, 2011.

H.3478 PETROLEUM PRODUCTS Rep. Young
This bill provides that the requirements relating to petroleum products and diesel fuel suitable for blending for sale of unblended products without necessary additives, recordkeeping and registration, enforcement, wholesaler responsibility, liability and notice, applies to every terminal operator and every supplier in the state.

H.3503 HUNTING LICENSES Rep. Pitts
The Department of Natural Resources shall give preference to licensed resident hunters over licensed nonresident hunters when issuing its special permits for hunting in category one designated waterfowl areas through its annual computerized draw.

H.3510 SPECIAL HUNTING PERMITS Rep. Pitts
The Department of Natural Resources shall allow the substitution of a member of a party that has obtained a special permit to hunt in a category one designated waterfowl area through the department’s annual computerized draw when a member of the party is unable to hunt due to their death or terminal illness.

EDUCATION AND PUBLIC WORKS

H.3410 "SOUTH CAROLINA HIGHER EDUCATION EFFICIENCY AND ADMINISTRATIVE POLICIES ACT OF 2011" Rep. Owens
This bill grants administrative relief to the state’s public institutions of higher learning from certain legislatively required procedures. The administrative areas addressed in the bill include facilities and capital expenditures, leasing, real property transactions, financing and administration, procurement, legal counsel employment, fee waivers and tuition board actions.

H.3418 TERM LIMITATIONS FOR MEMBERS OF THE GOVERNING BOARD OF AN INSTITUTION OF HIGHER LEARNING Rep. Merrill
This legislation prohibits a member of the governing board of an institution of higher learning from serving more than three consecutive terms on the board.

H.3431 "JOHN’S LAW"- RAILROAD CROSSINGS Rep. G. M. Smith
This legislation requires the Department of Transportation to (1) publish its list of railroad crossings at which it plans to install crossing arms, (2) place traffic stop signs at dangerous crossing locations until crossing arms are installed, and (3) increase the number of installations of crossing arms at dangerous railroad crossings.

H.3437 CONSOLIDATION OF THE EDUCATIONAL TELEVISION COMMISSION WITH THE DEPARTMENT OF EDUCATION Rep. Crawford
This legislation dissolves the Board of the South Carolina Educational Television Commission and organizes the commission as a division of the Department of Education. The legislation also makes conforming changes.

H.3495 STUDY COMMITTEE TO STUDY THE FEASIBILITY AND COST EFFECTIVENESS OF CONSOLIDATING SCHOOL DISTRICTS WITHIN THE INDIVIDUAL COUNTIES OF THIS STATE Rep. Alexander
This legislation creates a study committee to study the feasibility and cost effectiveness of consolidating the school districts within the individual counties of this State. In making its determinations, the study committee shall consider potential savings that may occur from the centralization of the administrative and programmatic functions of the several districts. The legislation outlines membership of the committee and provides that the committee shall report its findings to the General Assembly by January 31, 2012, at which time the committee will be abolished.

H.3496 NOTIFICATION REQUIREMENTS IF A STUDENT HAS AIDS OR HIV Rep. Brady
This legislation deletes the provision requiring the Department of Health and Environmental Control to notify the school district superintendent and school nurse if a minor is attending a school in the district and has Acquired Immunodeficiency Syndrome (AIDS) or is infected with the Human Immunodeficiency Virus (HIV). This legislation requires each school district to adopt the Centers for Disease Control and Prevention recommendations on universal precautions for bloodborne disease exposure.

H.3497 WILSON HIGH SCHOOL ALUMNI ASSOCIATION SPECIAL LICENSE PLATESRep. Alexander
This legislation authorizes the Department of Motor Vehicles to issue Wilson High School Alumni Association special license plates.

H.3502 CENTRALIZED PROCUREMENT, PERSONNEL AND FINANCIAL MATTERS FOR COUNTIES WITH MORE THAN ONE SCHOOL DISTRICT Rep. Bowen
If a county is comprised of more than one school district, this legislation provides that the school districts within that county must collaboratively develop and implement a plan to centralize all procurement, personnel, and financial matters into one county office. A county may not have multiple offices to oversee these operations. Each county office must have no more than one administrator to supervise a staff of no more than ten people. If the school districts within a county fail to implement the provisions of this section by July 1, 2012, the State Superintendent of Education shall appoint an administrator and staff to centralize these operations.

H.3511 TOURISM-ORIENTED SIGNAGE PROGRAM Rep. Loftis
This legislation authorizes the Department of Transportation to create and supervise a statewide program related to providing directional signs along major highways and interchanges leading to tourism-oriented facilities engaged in educational or tourism activities.

JUDICIARY

H.3411 "SOUTH CAROLINA CHIEF INFORMATION OFFICER RESTRUCTURING ACT"Rep. Loftis
The stated intent of this legislation is to create an instrumentality that provides leadership and direction for the use of information technology within government in South Carolina. The legislation creates the Department of the State Chief Information Officer to be headed by the State Chief Information Officer who is appointed by the Governor with the advice and consent of the Senate. The State Chief Information Officer serves at the pleasure of the Governor. Among other things, the legislation provides for the powers, duties, and functions of the department.

H.3412 "STATE DEPARTMENT OF ENERGY RESTRUCTURING ACT" Rep. Loftis
This legislation establishes the State Department of Energy to be headed by the State Energy Director who is appointed by the Governor with the advice and consent of the Senate. The State Energy Director serves at the pleasure of the Governor. Among other things, the legislation provides for the powers, duties, and functions of the department. The legislation also repeals provisions relating to the State Energy Office.

H.3417 SPECIAL PUR

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