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Senate and House Bills and Resolutions
1st session of the 118th
SOUTH CAROLINA GENERAL ASSEMBLY
Beginning Tuesday, January 13, 2009
______________________________
(Corrected through February 5, 2009)
The Legislative Digest is prepared utilizing state-of-the-art computer
equipment and printing techniques. It is an adjunct of the total program of
Legislative Printing, Information and Technology Systems (LPITS),
which provides current information about legislation being considered by
the General Assembly. The body of data from which the Digest is derived
consists of real-time computer database and terminals located in the State
House and Capitol Complex. The Digest Index has been prepared
through a joint effort of LPITS and Legislative Council. Information
about legislation can be accessed through the website of LPITS at
www.scstatehouse.gov.
Your comments regarding content and format of the Digest are
always welcome. Please address comments to:
LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS
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TABLE OF CONTENTS
1. SENATE BILLS
2. HOUSE BILLS
3. SUBJECT INDEX
4. SPONSOR REPORT
5. CROSS REFERENCE
THIS PAGE INTENTIONALLY LEFT BLANK
LEGISLATIVE PRINTING, INFORMATION
AND TECHNOLOGY SYSTEMS
AND TEST IN AN ENGLISH-ONLY FORMAT, UNLESS OTHERWISE
REQUIRED BY FEDERAL LAW OR REGULATION, AND TO PROVIDE
EXCEPTIONS.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-73
01/13/09 Senate Referred to Committee on Judiciary SJ-73
SENATE - Session 118 (2009-2010)
S 0001 Joint Resolution, By McConnell, Peeler, Leatherman, Sheheen, Rose,
Courson, Elliott, Massey, Hayes, Davis, Bright, Campsen, Campbell, L.
Martin, Knotts and Alexander
Similar (H 3037)
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7,
ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO THE REQUIREMENT FOR THE STATE AND ITS POLITICAL SUBDIVISIONS TO HAVE BUDGET PROCESSES DESIGNED TO
KEEP REVENUES AND EXPENDITURES IN BALANCE, THE LIMITATION
ON STATE APPROPRIATIONS, AND THE LIMITATIONS ON STATE
EMPLOYEES, SO AS TO DELETE THE EXISTING STATE SPENDING LIMITATION AND REQUIRE THE GENERAL ASSEMBLY TO REPLACE IT BY
A LAW IMPOSING AN ANNUAL LIMIT ON THE APPROPRIATION OF
STATE GENERAL FUND REVENUES BY ADJUSTING SUCH REVENUES
BY A ROLLING TEN-YEAR AVERAGE IN ANNUAL CHANGES IN GENERAL FUND REVENUES; TO ALLOW THE CREATION OF A BUDGET
STABILIZATION FUND IN THE STATE TREASURY TO WHICH MUST BE
CREDITED ALL GENERAL FUND REVENUES IN EXCESS OF THE
ANNUAL LIMIT; AND TO PROVIDE BY GENERAL LAW FOR THE
APPROPRIATIONS TO WHICH THE LIMIT APPLIES, THE METHOD OF
AND SOURCES FOR CALCULATING THE LIMIT; AND TO PROVIDE FOR
THE DISBURSEMENTS FROM THE BUDGET STABILIZATION FUND.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-72
01/13/09 Senate Referred to Committee on Judiciary SJ-72
01/28/09 Senate Committee report: Favorable Judiciary SJ-12
01/29/09
Scrivener’s error corrected
S 0004 General Bill, By McConnell, Campsen, Rose, Bryant, Elliott, Peeler,
Bright, Campbell, Ford, Knotts, Davis and Setzler
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
TO ENACT THE “SOUTH CAROLINA TEACHER PROTECTION ACT OF
2009”, BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A
TEACHER MAY BRING A CIVIL ACTION AGAINST A STUDENT WHO
COMMITS A CRIMINAL OFFENSE AGAINST THE TEACHER IF THE
OFFENSE OCCURS ON SCHOOL GROUNDS OR AT A SCHOOL-RELATED
EVENT, OR IF THE OFFENSE IS DIRECTLY RELATED TO THE
TEACHER’S PROFESSIONAL RESPONSIBILITIES, AND TO PROVIDE
THAT NO TEACHER HAS CIVIL LIABILITY TO A STUDENT OR TO A
PARTY ACTING IN THE INTEREST OF THE STUDENT FOR AN ACT OR
OMISSION BY THE TEACHER THAT OCCURS WHILE THE TEACHER IS
ACTING ON BEHALF OF THE SCHOOL; AND TO AMEND SECTION 16-3612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING
ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A
SCHOOL IN AN OFFICIAL CAPACITY, SO AS TO REDEFINE INTO THREE
OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING
ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-73
01/13/09 Senate Referred to Committee on Judiciary SJ-73
01/28/09 Senate Committee report: Favorable Judiciary SJ-13
01/29/09 Senate Amended SJ-20
01/30/09
Scrivener’s error corrected
02/03/09 Senate Amended SJ-18
02/03/09 Senate Read second time SJ-18
S 0002 General Bill, By McConnell, Peeler, Leatherman, Sheheen, Rose,
Courson, Elliott, Massey, Hayes, Davis, Bright and L. Martin
A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO IMPLEMENTATION OF THE LIMIT ON
STATE SPENDING IMPOSED PURSUANT TO SECTION 7(C), ARTICLE X
OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO REVISE
THIS LIMIT BY IMPOSING AN ANNUAL LIMIT ON THE APPROPRIATION OF STATE GENERAL FUND REVENUES BY ADJUSTING SUCH
REVENUES BY A ROLLING TEN-YEAR AVERAGE IN ANNUAL
CHANGES IN GENERAL FUND REVENUES AND THE CREATION OF A
SEPARATE BUDGET STABILIZATION FUND IN THE STATE TREASURY
TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN
EXCESS OF THE ANNUAL LIMIT, THE REVENUES OF WHICH MUCH
FIRST BE USED TO STABILIZE GENERAL FUND REVENUES AVAILABLE FOR APPROPRIATION, TO DEFINE EMERGENCIES AND TO PROVIDE FOR SUSPENSION OF THIS APPROPRIATIONS LIMIT IN
EMERGENCIES, TO PROVIDE THAT A CASH BALANCE IN THE BUDGET STABILIZATION FUND IN EXCESS OF FIFTEEN PERCENT OF GENERAL FUND REVENUES OF THE MOST RECENT COMPLETED FISCAL
YEAR MAY BE APPROPRIATED IN SEPARATE LEGISLATION FOR VARIOUS NONRECURRING PURPOSES, AND TO DEFINE SURPLUS GENERAL FUND REVENUES.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Finance
01/13/09 Senate Introduced and read first time SJ-72
01/13/09 Senate Referred to Committee on Finance SJ-72
S 0005 Joint Resolution, By McConnell, Campsen, Elliott, Sheheen, Ford
and Lourie
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15,
ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO THE RIGHT OF BAIL, SO AS TO AUTHORIZE THE
DENIAL OF BAIL TO A PERSON WHO IS RELEASED ON BAIL PENDING
TRIAL AND WHOSE BAIL IS REVOKED OR FORFEITED FOR VIOLATING A CONDITION OF RELEASE.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-74
01/13/09 Senate Referred to Committee on Judiciary SJ-74
S 0006 General Bill, By McConnell, Campsen, Rose, Elliott and Lourie
A BILL TO AMEND SECTION 17-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF RELEASE, SO AS TO PROVIDE THAT A
PERSON WHO IS RELEASED ON BAIL PENDING TRIAL, AND IS SUBSEQUENTLY CHARGED WITH A VIOLENT OFFENSE, SHALL BE DENIED
BAIL WHEN THE PROSECUTOR PROVES BY A PREPONDERANCE OF
THE EVIDENCE THAT NO CONDITION OR COMBINATION OF CONDITIONS REASONABLY ASSURES THE SAFETY OF ANY OTHER PERSON
OR THE SAFETY OF THE COMMUNITY IF THE PERSON IS RELEASED;
AND TO AMEND SECTION 22-5-510, RELATING TO BOND HEARINGS IN
MAGISTRATES COURTS, SO AS TO REQUIRE THAT PENDING CHARGES
AGAINST A PERSON REQUESTING BAIL SHALL BE CONSIDERED BY
THE MAGISTRATE IN DETERMINING IF BAIL IS GRANTED OR DENIED.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-74
S 0003 General Bill, By McConnell, Rose, O’Dell, Bryant, Shoopman,
Elliott, S. Martin and Bright
A BILL TO AMEND SECTION 1-1-696, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE’S OFFICIAL LANGUAGE, SO AS
TO PROVIDE THAT AFTER JULY 1, 2009, ALL STATE AGENCIES AND
POLITICAL SUBDIVISIONS OF THE STATE SHALL OFFER ALL SERVICES, PUBLICATIONS, PRINTED, AUDIO AND VIDEO MATERIALS,
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LEGISLATIVE PRINTING, INFORMATION
AND TECHNOLOGY SYSTEMS
01/13/09 Senate
S 0011 General Bill, By Peeler, Cromer, Massey, Bryant, Fair, Ryberg,
Hayes, Campbell, Mulvaney, Rose, Rankin, Davis, Courson, Thomas,
Alexander, Cleary, Bright, Campsen, Shoopman, S. Martin, Sheheen, Elliott
and Lourie
A BILL TO ENACT THE “SPENDING ACCOUNTABILITY ACT OF 2009”;
AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING SECTION 2-7-125 SO AS TO REQUIRE CERTAIN BILLS AND
JOINT RESOLUTIONS TO RECEIVE A RECORDED ROLL CALL VOTE AT
VARIOUS STAGES OF THEIR PASSAGE BY THE HOUSE OF REPRESENTATIVES AND THE SENATE.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-76
01/13/09 Senate Referred to Committee on Judiciary SJ-76
01/23/09 Senate Referred to Subcommittee: L.Martin (ch), Ford, Knotts
Referred to Committee on Judiciary SJ-74
S 0007 General Bill, By McConnell and Elliott
A BILL TO AMEND CHAPTER 1, TITLE 16, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO FELONIES AND MISDEMEANORS, BY
ADDING SECTION 16-1-60, SO AS TO INCLUDE MANUFACTURING, DISTRIBUTING, OR POSSESSION WITH THE INTENT TO DISTRIBUTE A
CONTROLLED SUBSTANCE AND MANUFACTURING, DISTRIBUTING,
OR POSSESSION WITH THE INTENT TO DISTRIBUTE METHAMPHETAMINE, COCAINE BASE, AND OTHER CONTROLLED SUBSTANCES AS
VIOLENT CRIMES.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-75
01/13/09 Senate Referred to Committee on Judiciary SJ-75
01/23/09 Senate Referred to Subcommittee: Hutto (ch), Rose, Shoopman
S 0012 General Bill, By Leatherman, Alexander, O’Dell, Cleary, Leventis,
Elliott and Lourie
Similar (H 3415)
A BILL TO ESTABLISH THE SOUTH CAROLINA TAXATION REALIGNMENT COMMISSION, TO PROVIDE FOR THE COMMISSION’S MEMBERSHIP, POWERS, DUTIES, AND RESPONSIBILITIES, TO PROVIDE THAT
THE COMMISSION MUST CONDUCT A COMPREHENSIVE STUDY OF
THE STATE’S TAX SYSTEM AND SUBMIT A REPORT OF ITS RECOMMENDED CHANGES TO FURTHER THE GOAL OF MAINTAINING AND
ENHANCING THE STATE AS AN OPTIMUM COMPETITOR IN THE
EFFORT TO ATTRACT BUSINESSES AND INDIVIDUALS TO LOCATE,
LIVE, WORK, AND INVEST IN THE STATE, AND TO PROVIDE FOR PROCEDURES GOVERNING THE CONSIDERATION OF LEGISLATION
RESULTING FROM THE COMMISSION’S RECOMMENDATIONS.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Finance
01/13/09 Senate Introduced and read first time SJ-77
01/13/09 Senate Referred to Committee on Finance SJ-77
02/04/09 Senate Committee report: Favorable with amendment Finance SJ2
S 0008 General Bill, By McConnell, Rose, Elliott, Massey, Ford and Knotts
Similar (H 3441)
A BILL TO AMEND CHAPTER 4, TITLE 58, CODE OF LAWS OF SOUTH
CAROLINA, RELATING TO THE OFFICE OF REGULATORY STAFF, BY
ADDING SECTION 58-4-140 SO AS TO CREATE A NON-PROFIT ENTITY
NAMED OPERATION EMPOWERED IN ORDER TO PROVIDE FINANCIAL
ASSISTANCE TO LOW-INCOME HOUSEHOLDS TO IMPLEMENT
ENERGY EFFICIENCY AND CONSERVATION MEASURES.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-75
01/13/09 Senate Referred to Committee on Judiciary SJ-75
S 0009 General Bill, By McConnell, Leventis, Rose, Elliott, Massey, Peeler
and Bright
A BILL TO AMEND CHAPTER 52, TITLE 48, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO ENERGY EFFICIENCY, BY ADDING
ARTICLE 12, SO AS TO ESTABLISH ENERGY EFFICIENCY AND RENEWABLE ENERGY GOALS FOR STATE GOVERNMENT, TO DIRECT STATE
AGENCIES TO PROCURE ENERGY EFFICIENT PRODUCTS, AND TO
DIRECT EVERY STATE AGENCY HEAD TO REQUIRE THE REPLACEMENT OF ALL INCANDESCENT LIGHT BULBS WITH COMPACT FLUORESCENT LIGHT BULBS IN EACH STATE AGENCY BY JULY 1, 2011.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Agriculture and Natural
Resources
01/13/09 Senate Introduced and read first time SJ-75
01/13/09 Senate Referred to Committee on Agriculture and Natural
Resources SJ-75
S 0013 General Bill, By Leatherman, Elliott and Campbell
A BILL TO AMEND SECTION 56-3-910 OF THE 1976 CODE, RELATING
TO MOTOR VEHICLE FEES, TO PROVIDE THAT FEES BE PLACED IN
THE STATE HIGHWAY ACCOUNT OF THE TRANSPORTATION INFRASTRUCTURE BANK INSTEAD OF THE DEPARTMENT OF TRANSPORTATION.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Transportation
01/13/09 Senate Introduced and read first time SJ-77
01/13/09 Senate Referred to Committee on Transportation SJ-77
01/28/09 Senate Committee report: Favorable Transportation SJ-14
01/29/09
Scrivener’s error corrected
S 0010 General Bill, By McConnell, Leventis, Rose, Elliott, Massey and
Peeler
Similar (H 3290)
A BILL TO AMEND CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO STATE INCOME TAX CREDITS, BY
ADDING SECTION 12-6-3588, SO AS TO ALLOW A STATE INCOME TAX
CREDIT EQUAL TO TWENTY PERCENT OF THE CREDIT ALLOWED
AGAINST A TAXPAYER’S FEDERAL INCOME TAX LIABILITY FOR
QUALIFIED EXPENDITURES ON PHOTOVOLTAIC, SOLAR, AND FUEL
CELL PROPERTY; AND TO AMEND SECTION 12-36-2120, RELATING TO
EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO INCLUDE AN
EXEMPTION FOR THE PURCHASE OF MACHINERY, MACHINE TOOLS,
AND ANY PART THEREOF THAT IS USED IN THE PRODUCTION OF
ELECTRICITY FROM A RENEWABLE ENERGY SOURCE.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Finance
01/13/09 Senate Introduced and read first time SJ-76
01/13/09 Senate Referred to Committee on Finance SJ-76
S 0014 Resolution, By Courson, Peeler, Land, Setzler, Leatherman, Leventis,
Matthews, Thomas, McGill, Elliott, Hayes and Rose
A SENATE RESOLUTION TO AUTHORIZE THE COMMISSIONING OF A
PORTRAIT OF THE HONORABLE GLENN FANT McCONNELL OF
CHARLESTON TO BE PLACED IN THE SENATE CHAMBER, PRESIDENT
PRO TEMPORE OF THE SENATE, LONGTIME AND BELOVED SENATOR
FROM THE FORTY-FIRST SENATORIAL DISTRICT, A LOYAL AND COMPASSIONATE PUBLIC SERVANT, AND A DISTINGUISHED STATESMAN.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Operations and Management
01/13/09 Senate Introduced SJ-77
01/13/09 Senate Referred to Committee on Operations and Management
SJ-77
S 0015 General Bill, By Lourie, Elliott and Massey
Similar (S 0047, S 0087, S 0113, H 3159)
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LEGISLATIVE PRINTING, INFORMATION
AND TECHNOLOGY SYSTEMS
12/10/08
12/10/08
01/13/09
01/13/09
A BILL TO AMEND CHAPTER 39 OF TITLE 34 OF THE 1976 CODE,
RELATING TO DEFERRED PRESENTMENT SERVICES, BY ADDING SECTION 34-39-175 TO PROVIDE THAT THE CONSUMER FINANCE DIVISION OF THE BOARD OF FINANCIAL INSTITUTIONS MUST
IMPLEMENT A DEFERRED PRESENTMENT LOAN TRACKING DATABASE AND TO PROVIDE FOR INFORMATION REQUIRED IN THE DATABASE; TO ADD SECTION 34-39-270 TO LIMIT CONSUMERS TO ONE
DEFERRED PRESENTMENT LOAN AT A TIME, TO PROVIDE FOR A
SEVEN DAY WAITING PERIOD BETWEEN LOANS, TO REQUIRE
DEFERRED PRESENTMENT PROVIDERS TO VERIFY A CONSUMERS
ELIGIBILITY FOR A LOAN PRIOR TO ENTERING A DEFERRED PRESENTMENT TRANSACTION, TO PROVIDE FOR THE PROCESS TO
DETERMINE ELIGIBILITY; TO ADD SECTION 34-39-280 TO PROVIDE
THAT UNDER CERTAIN CIRCUMSTANCES A CONSUMER MAY UTILIZE
A PAYMENT PLAN TO SATISFY AN OUTSTANDING LOAN, TO PROVIDE
FOR THE CIRCUMSTANCES UNDER WHICH A PAYMENT PLAN MAY BE
USED, AND THE REQUIREMENTS FOR A PAYMENT PLAN; TO ADD
SECTION 34-39-290 TO PROVIDE THAT THE BOARD MUST MAKE
ANNUAL REPORTS AND TO PROVIDE FOR THE CONTENTS OF THOSE
REPORTS; TO AMEND SECTION 34-39-130 TO PROVIDE FOR THE
APPLICABILITY OF CHAPTER 39 OF TITLE 34; TO AMEND SECTION 3439-150 TO PROVIDE THAT THE APPLICATION FEE FOR NEW LICENSES
AND LICENSE RENEWAL FEES ARE INCREASED FROM TWO HUNDRED FIFTY DOLLARS TO FIVE HUNDRED DOLLARS; TO AMEND SECTION 34-39-180 TO PROVIDE FOR A MAXIMUM LOAN AMOUNT BASED
UPON THE CONSUMER’S GROSS INCOME OR FIVE HUNDRED DOLLARS, TO PROVIDE FOR CONSUMER WARNING STATEMENTS, TO PROVIDE THAT DEFERRED PRESENTMENT PROVIDERS MAY NOT ENTER
INTO A LOAN WITH A CONSUMER SATISFYING ANOTHER LOAN PURSUANT TO AN EXTENDED PAYMENT PLAN, AND TO PROVIDE THAT
THE BOARD MUST DEVELOP A FORM TO BE USED BY DEFERRED
PRESENTMENT PROVIDERS TO CALCULATE THE MAXIMUM
AMOUNT THAT MAY BE LENT TO A CONSUMER; TO AMEND SECTION
34-39-200 TO PROVIDE ADDITIONAL LIMITATIONS ON THE ACTIVITIES OF LICENSED DEFERRED PRESENTMENT PROVIDERS; TO
AMEND CHAPTER 39 OF TITLE 34 BY ADDING SECTION 39-34-205 TO
PLACE ON-PREMISES ADVERTISING LIMITATIONS; AND TO AMEND
SECTION 34-39-170 TO PROVIDE THAT CONSUMERS AND DEFERRED
PRESENTMENT PROVIDERS MAY NOT ENTER INTO AGREEMENTS
THAT ALLOW FOR AUTOMATIC DEBITED LOAN PAYMENTS.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Banking and Insurance
01/13/09 Senate Introduced and read first time SJ-78
01/13/09 Senate Referred to Committee on Banking and Insurance SJ-78
Senate
Senate
Senate
Senate
Prefiled
Referred to Committee on General
Introduced and read first time SJ-79
Referred to Committee on General SJ-79
S 0018 General Bill, By Elliott
Similar (S 0338)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING ARTICLE 108 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE
FOR THE ISSUANCE OF DISTINGUISHED SERVICE MEDAL SPECIAL
LICENSE PLATES.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Transportation
01/13/09 Senate Introduced and read first time SJ-80
01/13/09 Senate Referred to Committee on Transportation SJ-80
S 0019 General Bill, By Fair
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 59-116-45 SO AS TO PROVIDE THAT EVERY
POLICE/SECURITY DEPARTMENT SHALL IMPLEMENT POLICIES AND
PROCEDURES TO GOVERN THEIR OPERATIONS; TO AMEND SECTIONS 59-116-10, 59-116-20, 59-116-30, 59-116-50, 59-116-60, 59-116-80, 59116-100, AND 59-116-120, RELATING TO THE ESTABLISHMENT, POWERS, AND OPERATION OF CAMPUS SECURITY DEPARTMENTS, SO AS
TO REVISE THE DEFINITION OF THE TERMS “CAMPUS” AND “CAMPUS POLICE OFFICER”, AND TO DEFINE THE TERM “CAMPUS SECURITY OFFICER”, TO MAKE TECHNICAL CHANGES, TO REVISE THE
JURISDICTIONAL BOUNDARY OF A CONSTABLE AND SECURITY
OFFICER, AND TO REVISE THE MARKINGS THAT MAY APPEAR ON A
CAMPUS POLICE OFFICER’S VEHICLE AND TO PROVIDE FOR THE USE
OF CAMPUS UNMARKED VEHICLES; AND TO REPEAL SECTION 59116-70, RELATING TO THE POSTING OF A BOND BY A CAMPUS POLICE
OFFICER BEFORE THE ASSUMPTION OF THEIR DUTIES.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Education
01/13/09 Senate Introduced and read first time SJ-80
01/13/09 Senate Referred to Committee on Education SJ-80
S 0020 General Bill, By Fair and Shoopman
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 61-4-280 SO AS TO PROVIDE THAT A PERSON
APPLYING FOR A LICENSE TO SELL BEER AND WINE OR ALCOHOLIC
LIQUORS MUST BE A RESIDENT OF THE STATE FOR ONE YEAR; BY
ADDING SECTION 61-4-290 SO AS TO STATE THAT THE SHERIFF OR
CHIEF OF POLICE OF THE APPROPRIATE MUNICIPALITY OR COUNTY
MAY MAKE A RECOMMENDATION IN WRITING FOR DENIAL OF A
BEER AND WINE OR ALCOHOLIC LIQUORS LICENSE; TO AMEND SECTIONS 61-2-135 AND 61-2-136, RELATING TO RETAINING AN ALCOHOLIC LIQUOR OR BEER AND WINE LICENSE WHEN A BUSINESS IS
RELOCATED, AND TO AMEND SECTION 61-2-160, AS AMENDED,
RELATING TO THE ISSUANCE, RENEWAL, OR TRANSFER OF A
LICENSE WHEN DELINQUENT TAXES ARE DUE, ALL SO AS TO PROVIDE THAT THE APPROPRIATE PERSON MUST REAPPLY FOR THE
LICENSE, THAT RENEWAL OR TRANSFER OF A LICENSE IS NOT AUTOMATIC, AND THE PROVISIONS OF THE APPLICATION PROCESS MUST
BE COMPLIED WITH INCLUDING ALLOWING PERSONS AND MUNICIPAL AND COUNTY GOVERNING BODIES TO PROTEST THE ISSUANCE
OF THE LICENSE; TO AMEND SECTION 61-4-520, AS AMENDED,
RELATING TO REQUIREMENTS FOR RETAIL BEER AND WINE PERMITS, SO AS TO REQUIRE THE DEPARTMENT TO SEND AN AUTHORIZED REPRESENTATIVE TO THE PREMISES TO ASCERTAIN
WHETHER THE LOCATION IS UNSUITABLE DUE TO THE PROXIMITY
TO RESIDENCES, SCHOOLS, PLAYGROUNDS, OR CHURCHES BEFORE
A FINAL DETERMINATION ON WHETHER TO ISSUE A LICENSE IS
MADE, TO INCREASE THE SIZE REQUIREMENTS OF THE REQUIRED
NOTICE WHICH MUST BE DISPLAYED AT THE SITE OF THE PROPOSED
BUSINESS, AND TO PROVIDE THE REQUIRED LEGAL NOTICE MUST
S 0016 General Bill, By Lourie and Elliott
Similar (S 0140)
A BILL TO AMEND SECTION 59-39-100 OF THE 1976 CODE, RELATING
TO THE ISSUANCE OF UNIFORM DIPLOMAS, TO REQUIRE THE ISSUANCE OF HIGH SCHOOL DIPLOMAS FOR QUALIFYING VETERANS
WHO SERVED IN THE UNITED STATES ARMED FORCES DURING A
WAR PERIOD AS DEFINED BY THE UNITED STATES DEPARTMENT OF
VETERAN AFFAIRS.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Education
01/13/09 Senate Introduced and read first time SJ-79
01/13/09 Senate Referred to Committee on Education SJ-79
S 0017 General Bill, By Leventis
A BILL TO AMEND SECTION 43-5-1190, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR FAMILY
INDEPENDENCE BENEFITS, SO AS TO CLARIFY THE CONDITIONS FOR
RECEIVING SUCH BENEFITS WHEN A PERSON IS CONVICTED OF AN
ALCOHOL OR DRUG RELATED OFFENSES AND TO PROVIDE THAT
THE PERSON IS ELIGIBLE FOR SUCH BENEFITS IF THE PERSON IS NOT
CONVICTED OF ANOTHER ALCOHOL OR DRUG-RELATED OFFENSE IN
THE YEAR FOLLOWING RELEASE FROM INCARCERATION.
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LEGISLATIVE PRINTING, INFORMATION
AND TECHNOLOGY SYSTEMS
PROVISIONS OF SECTION 30-4-80; AND TO AMEND SECTION 7-15-330,
AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN
ABSENTEE BALLOT, SO AS TO DELETE THE AUTHORIZATION THAT
AN APPLICATION MAY BE REQUESTED IN PERSON FOUR DAYS
BEFORE AN ELECTION AND AUTHORIZING AN ABSENTEE APPLICATION MAY BE REQUESTED ONLY ON THE DAY BEFORE THE ELECTION.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-83
01/13/09 Senate Referred to Committee on Judiciary SJ-83
BE IN THE NEWSPAPER WITH THE LARGEST CIRCULATION; TO
AMEND SECTION 61-6-20, AS AMENDED, RELATING TO DEFINITIONS
FOR THE PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT,
SO AS TO REVISE THE DEFINITION OF “ALCOHOLIC LIQUORS” OR
“ALCOHOLIC BEVERAGES” SO AS TO INCLUDE CERTAIN FLAVORED
ALCOHOLIC BEVERAGES; TO AMEND SECTION 61-6-120, AS
AMENDED, RELATING TO PROHIBITIONS ON ISSUING ALCOHOLIC
LIQUOR LICENSES TO PLACES OF BUSINESS WITHIN A CERTAIN
PROXIMITY TO A CHURCH, SCHOOL, OR PLAYGROUND, SO AS TO
AMEND THE METHOD OF COMPUTATION, REMOVE THE EXEMPTION
FOR RENEWAL OF LICENSES, AND TO REQUIRE THE DEPARTMENT TO
SEND AN AUTHORIZED REPRESENTATIVE TO THE PREMISES TO
MAKE THE APPROPRIATE MEASUREMENTS BEFORE A FINAL DETERMINATION ON WHETHER TO ISSUE A LICENSE IS MADE; TO AMEND
SECTION 61-6-180, AS AMENDED, RELATING TO NOTICE OF APPLICATION FOR AN ALCOHOLIC LIQUOR LICENSE, SO AS TO INCREASE
THE SIZE REQUIREMENTS OF THE REQUIRED NOTICE WHICH MUST
BE DISPLAYED AT THE SITE OF THE PROPOSED BUSINESS, TO APPLY
THE NOTICE REQUIREMENTS TO RENEWALS OF LICENSES, AND TO
PROVIDE THE REQUIRED LEGAL NOTICE MUST BE IN THE NEWSPAPER WITH THE LARGEST CIRCULATION; TO AMEND SECTION 61-61820, AS AMENDED, RELATING TO NOTICE FOR A LICENSE TO SELL
MINIBOTTLES, SO AS TO INCREASE THE SIZE REQUIREMENTS OF
THE REQUIRED NOTICE WHICH MUST BE DISPLAYED AT THE SITE OF
THE PROPOSED BUSINESS AND TO PROVIDE THE REQUIRED LEGAL
NOTICE MUST BE IN THE NEWSPAPER WITH THE LARGEST CIRCULATION; TO AMEND SECTIONS 61-4-525, 61-6-185, AND 61-6-1825, ALL AS
AMENDED, ALL RELATING TO PROTESTS OF CERTAIN BEER AND
WINE, ALCOHOLIC LIQUORS, AND MINIBOTTLE LICENSES, ALL SO
AS TO AUTHORIZE MUNICIPAL AND COUNTY GOVERNING BODIES
TO PROTEST THE ISSUANCE OF THE LICENSES UNDER SIMILAR CIRCUMSTANCES AS PERSONS ALREADY AUTHORIZED TO FILE A PROTEST AND TO ALLOW PERSONS TO COME BEFORE THE APPROPRIATE
GOVERNING BODY TO ASK THE BODY TO FILE A WRITTEN PROTEST.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-80
01/13/09 Senate Referred to Committee on Judiciary SJ-80
01/23/09 Senate Referred to Subcommittee: Campbell (ch), Cleary, Williams, Mulvaney, Nicholson
S 0023 General Bill, By Jackson
A BILL TO AMEND ARTICLE 47, CHAPTER 5, TITLE 56, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO CHILD PASSENGER
RESTRAINT SYSTEMS, SO AS TO DELETE THE TERM “THIS ARTICLE”
AND REPLACE IT WITH “SECTION 56-5-6410”, AND TO PROVIDE THAT
IT IS UNLAWFUL FOR A DRIVER OR OCCUPANT OF A MOTOR VEHICLE TO SMOKE A TOBACCO PRODUCT WHILE A CHILD WHO IS LESS
THAN TEN YEARS OLD IS ALSO AN OCCUPANT OF THE MOTOR VEHICLE, AND TO PROVIDE A PENALTY.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Transportation
01/13/09 Senate Introduced and read first time SJ-83
01/13/09 Senate Referred to Committee on Transportation SJ-83
S 0024 General Bill, By Jackson
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 56-5-3845 SO AS TO PROVIDE THAT A MUNICIPAL GOVERNING BODY BY ORDINANCE MAY RESTRICT THE OPERATOR OF A MOTOR VEHICLE WHO IS COMMUNICATING WITH
ANOTHER PERSON BY WAY OF A WIRELESS COMMUNICATION
DEVICE TO THE USE OF A HANDS-FREE DEVICE WHILE THE VEHICLE
IS IN MOTION.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Transportation
01/13/09 Senate Introduced and read first time SJ-83
01/13/09 Senate Referred to Committee on Transportation SJ-83
S 0025 General Bill, By Jackson
A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE
EMPLOYEES AND RETIREES ARE ALLOWED TO PARTICIPATE IN THE
STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO UPDATE
REFERENCES RELATING TO THE SOUTH CAROLINA DEPARTMENT OF
DISABILITIES AND SPECIAL NEEDS AND TO ALLOW EMPLOYEES OF
BERKELEY CITIZENS, BABCOCK CENTER, CHARLES LEA CENTER,
AND TRI DEVELOPMENT CENTER OF AIKEN COUNTY TO PARTICIPATE IN THESE PLANS; AND TO AMEND SECTION 9-1-10, AS
AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE
SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO UPDATE REFERENCES RELATING TO THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES IN THE DEFINITIONS OF “EMPLOYEE” AND “EMPLOYER”
AND TO INCLUDE WITHIN THOSE DEFINITIONS BERKELEY CITIZENS,
BABCOCK CENTER, CHARLES LEA CENTER, AND TRI DEVELOPMENT
CENTER OF AIKEN COUNTY.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Finance
01/13/09 Senate Introduced and read first time SJ-84
01/13/09 Senate Referred to Committee on Finance SJ-84
S 0021 General Bill, By Hayes
A BILL TO AMEND 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.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-82
01/13/09 Senate Referred to Committee on Judiciary SJ-82
01/23/09 Senate Referred to Subcommittee: L.Martin (ch), Rankin, Hutto,
Bright, Davis
S 0022 General Bill, By Jackson, Leventis and Bright
Similar (S 0252, H 3060, H 3068)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 7-13-25 SO AS TO PROVIDE THAT THE STATE
ELECTION COMMISSION SHALL ESTABLISH A PROCEDURE BY
WHICH A QUALIFIED ELECTOR MAY CAST HIS BALLOT IN PERSON
WITHOUT EXCUSE DURING AN EARLY VOTING PERIOD; TO ESTABLISH EARLY VOTING CENTERS TO ALLOW A REGISTERED COUNTY
RESIDENT TO VOTE OUTSIDE THEIR PRECINCT; TO PROVIDE FOR
THE ESTABLISHMENT OF EARLY VOTING LOCATIONS, AND REQUIRE
THESE LOCATIONS AND TIMES TO BE IN COMPLIANCE WITH THE
S 0026 Joint Resolution, By Jackson and Rose
Similar (H 3372)
A JOINT RESOLUTION TO ESTABLISH THE STROKE SYSTEMS OF
CARE STUDY COMMITTEE TO DEVELOP RECOMMENDATIONS FOR A
STATE STROKE SYSTEMS OF CARE COMPREHENSIVE SERVICE DELIV-
8
LEGISLATIVE PRINTING, INFORMATION
AND TECHNOLOGY SYSTEMS
01/13/09 Senate
ERY SYSTEM AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND
RESPONSIBILITIES OF THE STUDY COMMITTEE.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Medical Affairs
01/13/09 Senate Introduced and read first time SJ-84
01/13/09 Senate Referred to Committee on Medical Affairs SJ-84
Referred to Committee on Education SJ-86
S 0030 General Bill, By Jackson
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 52 TO TITLE 27 SO AS TO ENACT THE SOUTH
CAROLINA HOMEOWNERSí ASSOCIATION ACT.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-86
01/13/09 Senate Referred to Committee on Judiciary SJ-86
01/23/09 Senate Referred to Subcommittee: Malloy (ch), Ford, Massey,
S.Martin, Mulvaney
S 0027 General Bill, By Jackson
A BILL TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO FACILITIES EXEMPT FROM
THE CERTIFICATE OF NEED REQUIREMENTS AND HEALTH FACILITY
LICENSURE, SO AS TO EXEMPT FROM THE CERTIFICATE OF NEED
REQUIREMENTS A FACILITY USED ONLY FOR ENDOSCOPY IF THE
FACILITY IS LOCATED IN A PRIMARY CARE HEALTH PROFESSIONAL
SHORTAGE AREA (HPSA).
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Medical Affairs
01/13/09 Senate Introduced and read first time SJ-85
01/13/09 Senate Referred to Committee on Medical Affairs SJ-85
S 0031 General Bill, By Jackson
A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLEAN INDOOR AIR ACT, INCLUDING
EXCEPTIONS TO PLACES WHERE SMOKING IS PROHIBITED, SO AS TO
DELETE PROVISIONS ALLOWING SMOKING IN CERTAIN PRIVATE
OFFICES AND TEACHER LOUNGES AT SCHOOLS; AND BY ADDING
SECTION 59-1-485 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A
PERSON TO SMOKE OR POSSESS LIGHTED SMOKING MATERIAL IN
OUTDOOR AREAS OF PUBLIC SCHOOLS AND PRESCHOOLS AND TO
PROVIDE A PENALTY.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Medical Affairs
01/13/09 Senate Introduced and read first time SJ-86
01/13/09 Senate Referred to Committee on Medical Affairs SJ-86
S 0028 General Bill, By Jackson
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 41-10-35 SO AS TO PROVIDE THAT THE MINIMUM WAGE IN THIS STATE IS THE GREATER VALUE OF EITHER SIX
DOLLARS AND FIFTEEN CENTS OR THE MINIMUM WAGE SET BY THE
FAIR LABOR STANDARDS ACT; TO AMEND SECTION 6-1-130, RELATING TO THE SCOPE OF AUTHORITY TO SET MINIMUM WAGE, SO AS
TO PROVIDE THAT A POLITICAL SUBDIVISION OF THIS STATE MAY
NOT REQUIRE A MINIMUM WAGE THAT EXCEEDS THE ONE PROVIDED IN SECTION 41-10-35; TO AMEND SECTION 41-21-70, RELATING
TO TERMS OF APPRENTICESHIP AGREEMENTS, SO AS TO PROVIDE
THAT AN APPRENTICE MUST BE PAID THE MINIMUM WAGE PROVIDED IN SECTION 41-10-35; TO AMEND SECTION 44-22-160, RELATING
TO THERAPEUTIC PATIENT EMPLOYMENT, SO AS TO PROVIDE THAT
A PATIENT EMPLOYEE MUST BE PAID THE MINIMUM WAGE PROVIDED IN 41-10-35; AND TO AMEND SECTIONS 53-1-100 AND 53-1-110,
RELATING TO SUNDAY WORK IN MACHINE SHOPS AND SUNDAY
WORK IN MANUFACTURING OR FINISHING OF TEXTILE PRODUCTS,
RESPECTIVELY, BOTH SO AS TO PROVIDE THAT SUNDAY WORK
MUST BE COMPENSATED AT A RATE NO LESS THAN THE MINIMUM
WAGE PROVIDED IN SECTION 41-10-35.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Labor, Commerce and Industry
01/13/09 Senate Introduced and read first time SJ-85
01/13/09 Senate Referred to Committee on Labor, Commerce and Industry
SJ-85
S 0032 General Bill, By Ford
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 35-1-615 SO AS TO IMPOSE A ONE-DOLLAR SURCHARGE ON A SALE OF A SECURITY BY A BROKER-DEALER REGISTERED IN THIS STATE, AND TO PROVIDE THAT THE MONIES DERIVED
FROM THE SURCHARGE BE DEPOSITED IN THE GENERAL FUND.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Banking and Insurance
01/13/09 Senate Introduced and read first time SJ-87
01/13/09 Senate Referred to Committee on Banking and Insurance SJ-87
S 0033 General Bill, By Ford
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 24-21-435 SO AS TO PROVIDE THAT CERTAIN
SEX OFFENDERS WHO ARE SERVING A PROBATIONARY SENTENCE
MUST BE PLACED UNDER GLOBAL POSITIONING SYSTEM SATELLITE
SURVEILLANCE CONTINUOUSLY FOR THE DURATION OF THEIR PROBATIONARY SENTENCES BY THE DEPARTMENT OF PROBATION,
PAROLE AND PARDON SERVICES.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-87
01/13/09 Senate Referred to Committee on Judiciary SJ-87
01/27/09 Senate Recalled from Committee on Judiciary SJ-11
01/27/09 Senate Committed to Committee on Corrections and Penology
SJ-11
S 0029 General Bill, By Jackson
A BILL TO AMEND SECTION 59-65-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY SCHOOL ATTENDANCE, SO
AS TO PROVIDE THAT A CHILD MUST ATTEND SCHOOL UNTIL HE
ATTAINS THE AGE OF EIGHTEEN, GRADUATES FROM HIGH SCHOOL,
OR RECEIVES A HIGH SCHOOL EQUIVALENCY DIPLOMA; TO AMEND
SECTION 63-19-20, RELATING TO DEFINITIONS, SO AS TO DEFINE
“CHILD” FOR THE PURPOSES OF TRUANCY; TO AMEND SECTION 6319-1030, RELATING TO PREHEARING INQUIRY, SO AS TO INCLUDE
TITLES FOR TRUANCY PETITIONS; TO AMEND SECTION 63-19-1420,
RELATING TO DRIVERS LICENSE SUSPENSION AND RESTRICTION, SO
AS TO PROVIDE FOR THE COURT SUSPENSION OR RESTRICTION OF A
CHILD’S DRIVERS LICENSE UPON THE FINDING OF VIOLATION OF
COURT TRUANCY ORDER; AND TO AMEND SECTION 63-19-1440,
RELATING TO COMMITMENT TO THE DEPARTMENT OF JUVENILE
JUSTICE, SO AS TO PROVIDE FOR THE COMMITMENT OF A CHILD
WHO VIOLATES A COURT ORDER TO ATTEND SCHOOL.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Education
01/13/09 Senate Introduced and read first time SJ-86
S 0034 General Bill, By Ford
A BILL TO AMEND SECTION 24-13-1530, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO CORRECTIONAL PROGRAMS FOR
WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO PROVIDE THAT A COURT MAY SENTENCE CERTAIN OFFENDERS TO A
HOME DETENTION PROGRAM AS AN ALTERNATIVE TO INCARCERATION.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Corrections and Penology
01/13/09 Senate Introduced and read first time SJ-87
01/13/09 Senate Referred to Committee on Corrections and Penology SJ87
9
LEGISLATIVE PRINTING, INFORMATION
AND TECHNOLOGY SYSTEMS
RECREATIONAL FACILITIES; TO SPECIFY THAT SMOKING IS PERMITTED IN PRIVATE HOMES AND AUTOMOBILES, HOME-BASED BUSINESSES, PRIVATE FUNCTIONS IN INDOOR AREAS, HOTEL ROOMS
DESIGNATED AS SMOKING ROOMS, SPECIALTY TOBACCO STORES,
TOBACCO MANUFACTURERS, CIGAR BARS, AND PRIVATE CLUBS
AND TO PROVIDE THAT A PROPRIETOR OF AN ESTABLISHMENT HAS
THE RIGHT TO PROHIBIT SMOKING IN HIS ESTABLISHMENT WHICH
WOULD OTHERWISE BE PERMITTED BY THIS CHAPTER; TO PROVIDE
THAT THE POSTING OF DESIGNATED SMOKING AREA SIGNS IS NOT
REQUIRED FOR PRIVATE HOMES AND AUTOMOBILES OR HOMEBASED BUSINESSES AND TO PROVIDE AN EXCEPTION; TO DELETE
THE MAXIMUM CRIMINAL PENALTY FROM A FINE OF TWENTY-FIVE
DOLLARS AND TO PROVIDE A MINIMUM CRIMINAL PENALTY OF A
FINE OF NOT LESS THAN FIFTY DOLLARS; TO PROVIDE THAT A PERSON SMOKING IN A RESTAURANT, BAR, OR LOUNGE MUST BE ASKED
TO EXTINGUISH ALL LIGHTED TOBACCO PRODUCTS AND IF THE
PERSON REFUSES TO DO SO, THE PERSON MUST BE ASKED TO LEAVE
THE PREMISES; TO PROHIBIT A PERSON OR EMPLOYER FROM RETALIATING AGAINST ANOTHER PERSON OR AN EMPLOYEE OR CUSTOMER FOR FILING A COMPLAINT FOR OR SEEKING PROSECUTION
OF A VIOLATION OF THIS CHAPTER; AND TO PROVIDE THAT THE
CLEAN INDOOR AIR ACT MUST NOT BE CONSTRUED TO PERMIT
SMOKING WHERE IT IS OTHERWISE PROHIBITED BY REGULATION OF
A STATE OR LOCAL AGENCY, INCLUDING A LOCAL ORDINANCE.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Medical Affairs
01/13/09 Senate Introduced and read first time SJ-89
01/13/09 Senate Referred to Committee on Medical Affairs SJ-89
S 0035 Joint Resolution, By Ford
A JOINT RESOLUTION TO ACKNOWLEDGE THE FUNDAMENTAL
INJUSTICES, CRUELTY, AND INHUMANITY INFLECTED UPON THE
VICTIMS OF THE “ORANGEBURG MASSACRE” IN LIGHT OF GOVERNOR MARK SANFORD’S RECENT FORMAL APOLOGY FOR THE MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL WHO GUNNED
DOWN THREE STUDENTS AND INJURED TWENTY-SEVEN OTHER STUDENTS DURING THIS INCIDENT, AND TO CREATE A COMMISSION TO
MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY TO COMPENSATE THE VICTIMS AND FAMILIES OF THE VICTIMS OF THIS
TRAGEDY.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-88
01/13/09 Senate Referred to Committee on Judiciary SJ-88
S 0036 General Bill, By Ford and Bright
A BILL TO AMEND SECTIONS 44-74-20 AND 44-74-30, CODE OF LAWS
OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE CERTIFICATION
AND SCOPE OF PRACTICE OF RADIOLOGIC TECHNOLOGISTS, SO AS
TO ALSO PROVIDE FOR THE CERTIFICATION AND SCOPE OF PRACTICE OF RADIOLOGIST ASSISTANTS; TO AMEND SECTION 44-74-40,
RELATING TO QUALIFICATIONS TO BE CERTIFIED AS A RADIOLOGIC
TECHNOLOGIST, SO AS TO ALSO PROVIDE QUALIFICATIONS FOR AN
INITIAL CERTIFICATION AS A RADIOLOGIST ASSISTANT AND FOR
LICENSURE AS A RADIOLOGIST ASSISTANT; AND TO AMEND SECTION 44-74-60, RELATING TO THE SOUTH CAROLINA RADIATION
QUALITY STANDARDS ASSOCIATION BOARD, ITS MEMBERS, POWERS, AND DUTIES, SO AS TO PROVIDE FOR TWO RADIOLOGIST ASSISTANT MEMBERS ON THE BOARD, TO PROVIDE THAT MEMBERS MUST
BE APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH
AND ENVIRONMENTAL CONTROL UPON THE RECOMMENDATION OF
ENUMERATED RADIOLOGIC HEALTH PROFESSIONAL ORGANIZATIONS, AND TO PROVIDE THAT MEMBERS SHALL SERVE TERMS OF
FOUR YEARS.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Medical Affairs
01/13/09 Senate Introduced and read first time SJ-88
01/13/09 Senate Referred to Committee on Medical Affairs SJ-88
S 0039 General Bill, By Ford
Similar (S 0040, S 0073, S 0075, S 0076)
A BILL TO AMEND SECTIONS 45-2-20, 45-2-30, AND 45-2-60, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING DISCRIMINATION PURSUANT TO THE LODGING ESTABLISHMENT ACT,
CONCERNING HOTELS AND OTHER SLEEPING ACCOMMODATIONS,
BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN, GENDER,
DISABILITY, OR MARITAL STATUS, SO AS TO ALSO PROHIBIT SUCH
DISCRIMINATION BECAUSE OF SEXUAL ORIENTATION OR GENDER
IDENTITY AND TO DEFINE “SEXUAL ORIENTATION” AND “GENDER
IDENTITY”; AND TO AMEND SECTION 45-9-10, RELATING TO PROHIBITING DISCRIMINATION IN THE FULL AND EQUAL ENJOYMENT OF
THE GOODS, SERVICES, FACILITIES, PRIVILEGES, ADVANTAGES AND
ACCOMMODATIONS OF ANY PLACE OF PUBLIC ACCOMMODATION
BECAUSE OF RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, SO AS
TO PROHIBIT SUCH DISCRIMINATION BECAUSE OF SEXUAL ORIENTATION OR GENDER IDENTITY AND TO DEFINE “SEXUAL ORIENTATION” AND “GENDER IDENTITY”.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Labor, Commerce and Industry
01/13/09 Senate Introduced and read first time SJ-90
01/13/09 Senate Referred to Committee on Labor, Commerce and Industry
SJ-90
S 0037 General Bill, By Ford
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 44-1-295 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST NOT
ISSUE A LICENSE OR PERMIT FOR THE OPERATION OF AN INDUSTRIAL FACILITY IF THE FACILITY IS WITHIN THREE AND ONE HALF
MILES OF A RESIDENCE; TO PROVIDE THAT THE DEPARTMENT MAY
ISSUE A CEASE AND DESIST ORDER AND OTHER SANCTIONS TO AN
EXISTING INDUSTRIAL FACILITY WITHIN THREE AND ONE HALF
MILES OF A RESIDENCE IF THE FACILITY HAS OR HAS HAD AN INCIDENT WITHIN THE PAST FIFTEEN YEARS IN WHICH THE OPERATION
OF THE FACILITY OR ANY PROCESS WITHIN THE FACILITY OR IN
WHICH THE RELEASE OF INDUSTRIAL WASTE OR A BY-PRODUCT
FROM THE FACILITY CAUSED OR CONTRIBUTED TO HUMAN INJURY
OR DEATH.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Medical Affairs
01/13/09 Senate Introduced and read first time SJ-89
01/13/09 Senate Referred to Committee on Medical Affairs SJ-89
S 0040 General Bill, By Ford
Similar (S 0039, S 0073, S 0075, S 0076)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 44-7-65 SO AS TO REQUIRE HEALTH CARE
FACILITIES TO ESTABLISH PROTOCOLS ALLOWING A PATIENT TO
DESIGNATE AN INDIVIDUAL AS AN AUTHORIZED VISITOR REGARDLESS OF THE BLOOD OR LEGAL RELATIONSHIP OF THE PATIENT TO
THE INDIVIDUAL.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Medical Affairs
01/13/09 Senate Introduced and read first time SJ-91
01/13/09 Senate Referred to Committee on Medical Affairs SJ-91
S 0038 General Bill, By Ford
Similar (H 3113)
A BILL TO AMEND CHAPTER 95 OF TITLE 44, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE “CLEAN INDOOR AIR ACT
OF 1990”, SO AS TO EXTEND THE SMOKING PROHIBITION PROVIDED
FOR IN THE ACT TO RESTAURANTS, BARS, LOUNGE AREAS, AND
S 0041 General Bill, By Ford
10
LEGISLATIVE PRINTING, INFORMATION
AND TECHNOLOGY SYSTEMS
ERAL RESTRICTIONS AND SUBJECT TO THE REQUIREMENTS OF THIS
TITLE, AND TO PROVIDE THE SOUTH CAROLINA DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL SHALL EXPEDITE AN
APPLICATION FOR A PERMIT FOR OFFSHORE EXPLORATION, DRILLING, OR PRODUCTION.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Agriculture and Natural
Resources
01/13/09 Senate Introduced and read first time SJ-92
01/13/09 Senate Referred to Committee on Agriculture and Natural
Resources SJ-92
Similar (H 3169)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 16-3-1900 SO AS TO ESTABLISH PENALTIES FOR
NONCAPITAL CRIMINAL OFFENSES AGAINST A PERSON THAT WERE
MOTIVATED BY HATE, WHICH PERTAINS TO SUCH CRIMES BEING
COMMITTED WITH THE INTENT TO COMMIT THE CRIME BECAUSE OF
THE ACTUAL OR PERCEIVED RACE, RELIGION, COLOR, NATIONAL
ORIGIN, ANCESTRY, AGE, DISABILITY, GENDER, SEXUAL ORIENTATION OR GENDER IDENTITY OF A VICTIM, AND TO DEFINE “AGE”,
“BASE OFFENSE”, “GENDER IDENTITY”, “DISABILITY”, “MOTIVATED
BY HATE”, AND “SEXUAL ORIENTATION”.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-91
01/13/09 Senate Referred to Committee on Judiciary SJ-91
01/23/09 Senate Referred to Subcommittee: Knotts (ch), Massey, Coleman
S 0045 General Bill, By Ford
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 62 TO TITLE 40 SO AS TO ENACT THE ìINTERIOR DESIGN CONSUMER PROTECTION ACTî; TO PROVIDE CERTAIN
DEFINITIONS; TO REQUIRE A PERSON RENDERING AN INTERIOR
DESIGN SERVICE TO REGISTER WITH THE DEPARTMENT OF LABOR,
LICENSING AND REGULATION; TO PROVIDE REQUIREMENTS FOR
REGISTRATION AND RENEWAL OF REGISTRATION; AND TO FURTHER
PROVIDE FOR THE REGISTRATION AND REGULATION OF INTERIOR
DESIGNERS.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Labor, Commerce and Industry
01/13/09 Senate Introduced and read first time SJ-93
01/13/09 Senate Referred to Committee on Labor, Commerce and Industry
SJ-93
S 0042 General Bill, By Ford
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 20-1-18 SO AS TO ENACT THE “CIVIL UNION
EQUALITY ACT”, TO PROVIDE THAT TWO PERSONS MAY FORM A
CIVIL UNION IF THEY ARE OF THE SAME SEX; TO PROVIDE THAT ALL
LAWS APPLICABLE TO MARRIAGE APPLY TO CIVIL UNIONS AND
THAT THE SAME BENEFITS, PROTECTIONS, RIGHTS, AND RESPONSIBILITIES UNDER THE LAW GRANTED TO SPOUSES IN A MARRIAGE
ARE ALSO GRANTED TO THOSE JOINED IN A CIVIL UNION; TO
DIRECT THE OFFICE OF VITAL STATISTICS TO KEEP A RECORD OF
ALL CIVIL UNIONS FORMED AND THE DISSOLUTION OF SUCH
UNIONS; TO PROVIDE THAT THE FAMILY COURT HAS JURISDICTION
OVER ALL PROCEEDINGS RELATING TO THE DISSOLUTION OF A
CIVIL UNION AND THE SAME RULES AND PROCEDURES THAT APPLY
TO THE DISSOLUTION OF A MARRIAGE APPLY TO THE DISSOLUTION
OF A CIVIL UNION; AND TO PROVIDE THAT THIS ACT MUST BE CONSTRUED LIBERALLY TO SECURE TO CIVIL UNIONS THE ATTRIBUTES,
EFFECTS, BENEFITS, AND PROTECTIONS EQUAL TO THOSE
AFFORDED MARRIAGE.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-91
01/13/09 Senate Referred to Committee on Judiciary SJ-91
01/23/09 Senate Referred to Subcommittee: Sheheen (ch), Knotts,
Campsen, Lourie, Campbell
S 0046 General Bill, By Ford
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 44-1-142 SO AS TO PROHIBIT RETAIL FOOD
ESTABLISHMENTS FROM PREPARING, SERVING, OR OTHERWISE PROVIDING FOOD CONTAINING TRANS FATS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ASCERTAIN
THE USE OF TRANS FATS WHEN INSPECTING RETAIL FOOD ESTABLISHMENTS, AND TO PROVIDE A CIVIL FINE FOR VIOLATIONS.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Medical Affairs
01/13/09 Senate Introduced and read first time SJ-93
01/13/09 Senate Referred to Committee on Medical Affairs SJ-93
S 0047 General Bill, By Ford
Similar (S 0015, S 0087, S 0113, H 3159)
A BILL TO AMEND CHAPTER 39 OF TITLE 34 OF THE 1976 CODE,
RELATING TO DEFERRED PRESENTMENT SERVICES, BY ADDING SECTION 34-39-175, TO PROVIDE THAT THE CONSUMER FINANCE DIVISION OF THE BOARD OF FINANCIAL INSTITUTIONS MUST
IMPLEMENT A DEFERRED PRESENTMENT LOAN TRACKING DATABASE AND TO PROVIDE FOR THE INFORMATION REQUIRED IN THE
DATABASE; TO ADD SECTION 34-39-270, TO PLACE A LIMIT ON THE
AMOUNT OF OUTSTANDING PRINCIPAL A BORROWER MAY HAVE, TO
PROVIDE FOR A TWO DAY WAITING PERIOD BETWEEN LOANS, TO
REQUIRE DEFERRED PRESENTMENT LENDERS TO VERIFY A CONSUMER’S ELIGIBILITY FOR A LOAN PRIOR TO ENTERING INTO A
DEFERRED PRESENTMENT TRANSACTION, AND TO PROVIDE FOR
THE PROCESS TO DETERMINE ELIGIBILITY; TO ADD SECTION 34-39280, TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES A BORROWER MAY UTILIZE A PAYMENT PLAN TO SATISFY OUTSTANDING
LOANS, TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A
PAYMENT PLAN MAY BE USED, AND THE REQUIREMENTS FOR A PAYMENT PLAN; TO ADD SECTION 34-39-290, TO PROVIDE THAT THE
BOARD MUST MAKE ANNUAL REPORTS AND TO PROVIDE FOR THE
CONTENTS OF THE REPORTS; TO AMEND SECTION 34-39-130, TO PROVIDE FOR THE APPLICABILITY OF CHAPTER 39; TO AMEND SECTION
34-39-150 TO PROVIDE THAT THE APPLICATION FEE FOR NEW
LICENSES AND THE LICENSE RENEWAL FEES ARE EACH INCREASED
FROM TWO HUNDRED FIFTY DOLLARS TO FIVE HUNDRED DOLLARS
S 0043 General Bill, By Ford
Similar (S 0062)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 59-127-65 SO AS TO PROVIDE THAT BEGINNING
JULY 1, 2009, SOUTH CAROLINA STATE UNIVERSITY SHALL ESTABLISH A LAW SCHOOL AND AN UNDERGRADUATE ENGINEERING
SCHOOL, TO PROVIDE FOR THE MANNER IN WHICH THE LAW
SCHOOL AND ENGINEERING SCHOOL MUST BE ESTABLISHED AND
FUNDED, AND TO PROVIDE FOR FACULTY AT THE UNIVERSITY OF
SOUTH CAROLINA LAW SCHOOL AND THE COLLEGE OF ENGINEERING OF THE UNIVERSITY OF SOUTH CAROLINA, BOTH IN COLUMBIA,
TO TEACH ALSO AT THE COUNTERPART SCHOOLS AT SOUTH CAROLINA STATE UNIVERSITY.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Education
01/13/09 Senate Introduced and read first time SJ-92
01/13/09 Senate Referred to Committee on Education SJ-92
S 0044 General Bill, By Ford
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 48-43-395 SO AS TO PROVIDE OFFSHORE EXPLORATION, DRILLING, OR PRODUCTION OF OIL AND GAS IN THE ATLANTIC OCEAN WITHIN THE TERRITORIAL JURISDICTION OF SOUTH
CAROLINA CONTINGENT ON THE REMOVAL OF APPLICABLE FED-
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LEGISLATIVE PRINTING, INFORMATION
AND TECHNOLOGY SYSTEMS
REMOVE HIS PERSONAL PROPERTY FROM THE PREMISES WITHOUT
INTERFERENCE FROM THE LANDLORD; AND TO AMEND SECTION 2740-710, RELATING TO REMOVAL OF AN EVICTED TENANT’S PERSONAL PROPERTY FROM THE RENTAL PREMISES, SO AS TO PROVIDE
THE PARTY REMOVING THE PERSONAL PROPERTY SHALL RETAIN
POSSESSION OF THE PERSONAL PROPERTY FOR THIRTY DAYS, DURING WHICH TIME THE TENANT MAY RECOVER THE PERSONAL PROPERTY.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-96
01/13/09 Senate Referred to Committee on Judiciary SJ-96
AND TO PROVIDE THAT HALF OF THE FEES MUST BE CREDITED TO
THE ATTORNEY GENERAL’S OFFICE TO ESTABLISH A DIVISION TO
ENFORCE THE PROVISIONS OF THIS ACT; TO AMEND SECTION 34-39180, TO PROVIDE FOR A MAXIMUM LOAN AMOUNT THAT MAY NOT
EXCEED THE LESSER OF TWENTY PERCENT OF THE BORROWER’S
GROSS INCOME DURING THE TERM OF THE LOAN OR FIVE HUNDRED
DOLLARS AND TO PROVIDE FOR CONSUMER WARNING STATEMENTS; AND TO AMEND SECTION 34-39-200 TO PROVIDE ADDITIONAL LIMITATIONS ON THE ACTIVITIES OF LICENSED DEFERRED
PRESENTMENT PROVIDERS.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Banking and Insurance
01/13/09 Senate Introduced and read first time SJ-94
01/13/09 Senate Referred to Committee on Banking and Insurance SJ-94
S 0052 General Bill, By Ford
A BILL TO AMEND SECTION 2-17-110, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN ACTS PROHIBITED OF LOBBYISTS, SO AS TO PROVIDE A LOBBYIST MAY NOT
SERVE ON A LOCAL BOARD OR LOCAL COMMISSION, AND TO PROVIDE A LOBBYIST SERVING ON A LOCAL BOARD OR LOCAL COMMISSION BEFORE JULY 1, 2009, MAY CONTINUE TO SERVE ON THAT
BOARD OR COMMISSION UNTIL HIS TERM EXPIRES.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-96
01/13/09 Senate Referred to Committee on Judiciary SJ-96
S 0048 General Bill, By Ford and Elliott
A BILL TO AMEND CHAPTER 17, TITLE 16 OF THE 1976 CODE, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 1617-750 TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO WEAR
PANTS SAGGING MORE THAN THREE INCHES BELOW HIS HIPS; TO
PROVIDE FOR PENALTIES FOR VIOLATIONS; TO PROVIDE THAT A
VIOLATION IS NOT GROUNDS FOR DENYING, SUSPENDING, OR
REVOKING THE VIOLATOR’S PARTICIPATION IN A STATE COLLEGE
OR UNIVERSITY FINANCIAL ASSISTANCE PROGRAM; AND TO PROVIDE FOR JURISDICTION TO HEAR A VIOLATION IS VESTED EXCLUSIVELY IN THE MUNICIPAL COURT AND THE MAGISTRATES COURT.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-95
01/13/09 Senate Referred to Committee on Judiciary SJ-95
S 0053 General Bill, By Ford
A BILL TO REPEAL CHAPTER 7, TITLE 41, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO A PERSONíS RIGHT TO WORK
REGARDLESS OF MEMBERSHIP OR NONMEMBERSHIP IN AN ORGANIZATION OR LABOR UNION.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Labor, Commerce and Industry
01/13/09 Senate Introduced and read first time SJ-97
01/13/09 Senate Referred to Committee on Labor, Commerce and Industry
SJ-97
S 0049 General Bill, By Ford
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING ARTICLE 11 TO CHAPTER 111, TITLE 59 SO AS TO EXEMPT
A PERSON WHO IS CALLED TO ACTIVE MILITARY DUTY FROM PAYING TUITION TO A PUBLIC INSTITUTION OF HIGHER LEARNING OR A
TECHNICAL COLLEGE IN THIS STATE WHEN HE RETURNS FROM
SERVING HIS TERM OF ACTIVE DUTY PURSUANT TO CERTAIN CONDITIONS.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Education
01/13/09 Senate Introduced and read first time SJ-95
01/13/09 Senate Referred to Committee on Education SJ-95
S 0054 General Bill, By Ford
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 56-5-850 SO AS TO DEFINE THE TERM
“FUNERAL PROCESSION”, TO PROVIDE FOR THE DUTIES OF OPERATORS OF VEHICLES IN A FUNERAL PROCESSION AND NOT IN A
FUNERAL PROCESSION AND TO PROVIDE FOR A CRIMINAL PENALTY
FOR A VIOLATION OF THOSE DUTIES.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Transportation
01/13/09 Senate Introduced and read first time SJ-97
01/13/09 Senate Referred to Committee on Transportation SJ-97
S 0050 General Bill, By Ford
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 44-1-143 SO AS TO DEFINE A RETAIL FOOD
ESTABLISHMENT, TO REQUIRE A RETAIL FOOD ESTABLISHMENT
THAT SELLS FOOD CONTAINING TRANS FAT OR COOKED IN TRANS
FAT MUST PROVIDE CERTAIN CONSPICUOUS WARNINGS THAT THE
FOOD CONTAINS TRANS FAT OR WAS COOKED IN TRANS FAT, TO PROVIDE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY ADOPT RULES AND REGULATIONS REGARDING THESE
WARNINGS; AND TO PROVIDE A PENALTY FOR A VIOLATION.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Medical Affairs
01/13/09 Senate Introduced and read first time SJ-96
01/13/09 Senate Referred to Committee on Medical Affairs SJ-96
S 0055 Joint Resolution, By Ford and Elliott
Similar (S 0063)
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2,
ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO
INCREASE FROM FIVE TO SEVEN THE NUMBER OF JUSTICES COMPRISING THE SUPREME COURT ON JANUARY 1, 2011.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-97
01/13/09 Senate Referred to Committee on Judiciary SJ-97
S 0051 General Bill, By Ford
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 27-40-810 SO AS TO PROVIDE THE EXECUTION
OF A JUDGMENT FOR EJECTMENT MAY NOT OCCUR UNTIL AT LEAST
SEVEN DAYS LAPSE FROM THE DATE ON WHICH THE MAGISTRATE
ISSUED THE ORDER OR, IF THE JUDGMENT IS STAYED, UNTIL AT
LEAST SEVEN DAYS LAPSE FROM THE DATE ON WHICH THE ORDER
IS LIFTED, AND DURING THE SEVEN DAY PERIOD THE TENANT MAY
S 0056 General Bill, By Ford
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 16-15-370 SO AS TO MAKE IT UNLAWFUL TO
COMMUNICATE PROFANITY IN A PUBLIC FORUM OR PLACE OF PUBLIC ACCOMMODATION; BY ADDING SECTION 16-15-430 SO AS TO
CREATE THE OFFENSE OF DISSEMINATING PROFANITY TO A MINOR
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LEGISLATIVE PRINTING, INFORMATION
AND TECHNOLOGY SYSTEMS
12/10/08 Senate
01/13/09 Senate
01/13/09 Senate
AND PROVIDE A PENALTY FOR THE OFFENSE; TO AMEND SECTION
16-15-305, RELATING TO DISSEMINATING OBSCENITY, SO AS TO SPECIFY BOTH ORAL AND WRITTEN PUBLICATIONS; AND TO AMEND SECTION 16-15-375, RELATING TO DEFINITIONS FOR PURPOSES OF
MORALITY AND DECENCY OFFENSES AGAINST MINORS, SO AS TO
INCLUDE THE OFFENSE OF DISSEMINATING PROFANITY TO A MINOR.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-98
01/13/09 Senate Referred to Committee on Judiciary SJ-98
Referred to Committee on Transportation
Introduced and read first time SJ-99
Referred to Committee on Transportation SJ-99
S 0060 Joint Resolution, By Ford
A JOINT RESOLUTION TO PROVIDE THAT THE IMPOSITION OF THE
MOTOR FUELS USER FEE PURSUANT TO CHAPTER 28, TITLE 12 OF
THE 1976 CODE IS SUSPENDED EFFECTIVE JUNE 1, 2009, THROUGH
SEPTEMBER 1, 2009, AND TO PROVIDE THAT THE OFFSET AMOUNT OF
UNOBLIGATED ENFORCED COLLECTIONS REVENUE MUST BE CREDITED TO THE STATE HIGHWAY FUND, AND TO PROVIDE THAT MOTOR
FUEL WHOLESALERS MUST PASS ON THE SAVINGS REALIZED BY
THIS SUSPENSION OF THE MOTOR FUELS USER FEE TO MOTOR FUEL
RETAILERS WHEN INVOICING THEM FOR THE COST OF MOTOR
FUELS DURING THE SUSPENSION PERIOD.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Finance
01/13/09 Senate Introduced and read first time SJ-100
01/13/09 Senate Referred to Committee on Finance SJ-100
S 0057 General Bill, By Ford
A BILL TO AMEND SECTION 1-7-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE AT CIRCUIT COURT AND
PREPARATION OF THE DOCKET, SO AS TO PROVIDE THAT THE CHIEF
ADMINISTRATIVE JUDGE FOR CIRCUIT COURT RATHER THAN THE
CIRCUIT SOLICITOR IS RESPONSIBLE FOR DETERMINING THE ORDER
OF CASES CALLED FOR TRIAL FOR GENERAL SESSIONS COURT.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-98
01/13/09 Senate Referred to Committee on Judiciary SJ-98
S 0061 General Bill, By Ford
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 16-19-492 SO AS TO ENACT A STATEWIDE CURFEW FOR MINORS AND TO PROVIDE A CIVIL PENALTY FOR A VIOLATION OF THE CURFEW; AND TO PROVIDE A PROCEDURE FOR
MUNICIPALITIES AND COUNTIES TO ìOPT OUTî OF THE CURFEW.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-100
01/13/09 Senate Referred to Committee on Judiciary SJ-100
S 0058 General Bill, By Ford
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 2-19-75 SO AS TO PROHIBIT MEMBERS OF THE
GENERAL ASSEMBLY FROM CAMPAIGNING FOR JUDICIAL CANDIDATES WITHIN TWO YEARS OF THE ELECTION, TO PROVIDE THAT
THE STATE ETHICS COMMISSION SHALL INVESTIGATE COMPLAINTS,
TO PROVIDE A PENALTY, AND TO PROVIDE AN EXCEPTION UNDER
CERTAIN CIRCUMSTANCES FOR LEGISLATIVE MEMBERS OF THE
JUDICIAL MERIT SELECTION COMMISSION.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-98
01/13/09 Senate Referred to Committee on Judiciary SJ-98
S 0062 General Bill, By Ford
Similar (S 0043)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 59-127-65 SO AS TO PROVIDE THAT BEGINNING
WITH THE FALL SEMESTER OF 2011, AN ENGINEERING SCHOOL AND
A LAW SCHOOL MUST BE ESTABLISHED BY THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY AT ITS CAMPUS IN
ORANGEBURG, AND TO PROVIDE THAT FUNDS FOR THE ENGINEERING SCHOOL AND THE LAW SCHOOL MUST BE PROVIDED BY THE
GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS
ACT AND MAY BE SUPPLEMENTED BY THE UNIVERSITY FROM
OTHER FUNDS AND PRIVATE DONATIONS.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Education
01/13/09 Senate Introduced and read first time SJ-100
01/13/09 Senate Referred to Committee on Education SJ-100
S 0059 General Bill, By Ford
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 58-23-1235 SO AS TO PROVIDE THAT A TAXICAB
COMPANY THAT LEASES A TAXICAB THROUGH AN INDEPENDENT
CONTRACTOR AGREEMENT MUST OBTAIN CERTAIN LIABILITY
INSURANCE, PROVIDE THAT A TAXICAB COMPANY IS NOT
REQUIRED TO PROVIDE WORKERS’ COMPENSATION COVERAGE FOR
A DRIVER WHO LEASES THE COMPANY’S TAXICAB AS AN INDEPENDENT CONTRACTOR, AND PROVIDE THAT THE PROVISIONS OF THE
WORKERS’ COMPENSATION LAW DO NOT APPLY TO A DRIVER WHO
LEASES A TAXICAB UNDER AN INDEPENDENT CONTRACTOR LEASE
AGREEMENT; BY ADDING SECTION 42-1-376 SO AS TO EXEMPT FROM
THE SOUTH CAROLINA WORKER’S COMPENSATION LAW A DRIVER
WHO LEASES A TAXICAB UNDER AN INDEPENDENT CONTRACTOR
LEASE AGREEMENT WITH A TAXICAB COMPANY FROM THE WORKERS’ COMPENSATION LAW; TO AMEND SECTION 58-23-1220, AS
AMENDED, RELATING TO LIABILITY INSURANCE REQUIRED FOR A
TAXI, SO AS TO DELETE SPECIFIC DOLLAR AMOUNTS OF LIABILITY
INSURANCE REQUIRED FOR A TAXI FROM THIS SECTION, AND PROVIDE THAT THE MINIMUM STATUTORY LIMITS OF INSURANCE
REQUIRED FOR A VEHICLE, OR CERTAIN ALTERNATIVE SELFINSURER PROVISIONS, APPLY TO A TAXI; TO AMEND SECTION 58-231230, RELATING TO FILING A BOND INSTEAD OF LIABILITY INSURANCE FOR A TAXI, SO AS TO ALLOW A TAXI COMPANY TO COMPLY
WITH CERTAIN SELF-INSURER PROVISIONS, OR DEPOSIT A BOND
INSTEAD OF INSURANCE IN THE AMOUNT OF THE MINIMUM STATUTORY LIMITS OF INSURANCE REQUIRED FOR A VEHICLE; AND TO
CHANGE THE TITLE OF ARTICLE 13, CHAPTER 23, TITLE 58 FROM
“TAXIS IN COUNTIES WITH CITIES OVER 70,000” TO “TAXIS”.
12/10/08 Senate Prefiled
S 0063 Joint Resolution, By Ford
Similar (S 0055)
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2 OF
ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO
INCREASE FROM FIVE TO SEVEN THE NUMBER OF JUSTICES COMPRISING THE SUPREME COURT ON JANUARY 1, 2013; TO SECTION 3,
ARTICLE V, RELATING TO THE ELECTION OF MEMBERS OF THE
SUPREME COURT, SO AS TO PROVIDE THAT ASSOCIATE JUSTICES OF
THE SUPREME COURT SHALL BE POPULARLY ELECTED FROM CONGRESSIONAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT BEGINNING IN 2012 AND THAT THE CHIEF JUSTICE OF THE
SUPREME COURT SHALL BE ELECTED FROM THE STATE AT-LARGE;
TO SECTION 8, ARTICLE V, RELATING TO ELECTION OF MEMBERS OF
THE COURT OF APPEALS, SO AS TO PROVIDE THAT JUDGES OF THE
COURT OF APPEALS BEGINNING IN 2012 SHALL BE POPULARLY
ELECTED FROM CONGRESSIONAL DISTRICTS BY THE QUALIFIED
VOTERS OF EACH DISTRICT; AND TO SECTION 13, ARTICLE V, RELATING TO JUDICIAL CIRCUIT JUDGES, SO AS TO PROVIDE THAT BEGIN-
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LEGISLATIVE PRINTING, INFORMATION
AND TECHNOLOGY SYSTEMS
S 0068 General Bill, By Ford
A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO LICENSE TAXES ON
LICENSES ISSUED PURSUANT TO THE PROVISIONS OF TITLE 61, THE
ALCOHOL BEVERAGE CONTROL ACT, SO AS TO REQUIRE A LICENSE
WITH A LICENSE TAX OF FIVE THOUSAND DOLLARS FOR A RETAIL
DEALER HOLDING A WHOLESALER’S BASIC PERMIT UNDER FEDERAL LAW; TO AMEND SECTION 12-33-245, AS AMENDED, RELATING
TO THE EXCISE TAX ON THE GROSS PROCEEDS OF THE SALE OF
ALCOHOLIC LIQUORS BY THE DRINK, SO AS TO REPLACE THE
EXCISE TAX WITH A LICENSE TAX ON WHOLESALERS IMPOSED AT
THE RATE OF SIXTY-SIX CENTS A LITER; AND TO AMEND SECTION
12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF “GROSS
PROCEEDS OF SALES” FOR PURPOSES OF THE SOUTH CAROLINA
SALES TAX ACT, SO AS TO DELETE AN OBSOLETE REFERENCE TO
THE FORMER EXCISE TAX ON THE GROSS PROCEEDS OF THE SALE
OF ALCOHOLIC LIQUORS BY THE DRINK.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Finance
01/13/09 Senate Introduced and read first time SJ-103
01/13/09 Senate Referred to Committee on Finance SJ-103
NING IN 2012 CIRCUIT COURT JUDGES SHALL BE POPULARLY
ELECTED FROM STATE SENATORIAL DISTRICTS BY THE QUALIFIED
VOTERS OF EACH DISTRICT AND THAT THE CHIEF JUSTICE SHALL
ASSIGN CIRCUIT JUDGES TO THE JUDICIAL CIRCUITS WITH REASONABLE EFFORTS MADE TO ACCOUNT FOR GEOGRAPHICAL LOCATION.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-101
01/13/09 Senate Referred to Committee on Judiciary SJ-101
S 0064 General Bill, By Ford
A BILL TO AMEND SECTION 63-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT FAMILY COURT JUDGES
SHALL BE POPULARLY ELECTED FROM STATE SENATORIAL DISTRICTS BY THE QUALIFIED VOTERS OF EACH DISTRICT, AND TO
PROVIDE THAT JUDICIAL SCREENING PROCEDURES IN CHAPTER 19,
TITLE 2 DO NOT APPLY TO THESE POPULARLY ELECTED JUDGES;
AND TO REPEAL SECTION 63-3-40 RELATING TO THE NUMBER OF
FAMILY COURT JUDGES ASSIGNED TO EACH JUDICIAL CIRCUIT.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-101
01/13/09 Senate Referred to Committee on Judiciary SJ-101
S 0069 General Bill, By Ford
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 12-6-3540 SO AS TO ENACT THE “SOUTH CAROLINA LOW INCOME HOUSING TAX CREDIT ACT” WHICH PROVIDES
AN INCOME OR INSURANCE PREMIUM TAX CREDIT FOR EXPENDITURES TO DEVELOP RENTAL HOUSING UNITS FOR LOW INCOME
TENANTS, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THIS INCOME TAX CREDIT IS AUTHORIZED,
AND TO PERMIT THE HOUSING FINANCE AND DEVELOPMENT
AUTHORITY AND THE DEPARTMENT OF REVENUE TO PROMULGATE
REGULATIONS TO ADMINISTER THIS PROGRAM AND THE TAX CREDITS UNDER THE PROGRAM.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Finance
01/13/09 Senate Introduced and read first time SJ-103
01/13/09 Senate Referred to Committee on Finance SJ-103
S 0065 Joint Resolution, By Ford
Similar (S 0078)
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 34,
ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO THE PROHIBITION AGAINST THE GENERAL ASSEMBLY
FROM ENACTING LOCAL OR SPECIAL LAWS, SO AS TO AUTHORIZE
THE OPERATION OR POSSESSION OF ANY TYPE OF COIN-OPERATED
AMUSEMENT OR GAMING MACHINE OR DEVICE IN A COUNTY UPON
THE ENACTMENT OF AN ORDINANCE AUTHORIZING SUCH OPERATION OR POSSESSION, UPON THE FAVORABLE VOTE OF A MAJORITY
OF THE MEMBERS OF THE COUNTY’S LEGISLATIVE DELEGATION, OR
BY A PETITION SIGNED BY FIVE PERCENT OF THE COUNTY’S REGISTERED ELECTORS SUBJECT TO A FAVORABLE REFERENDUM.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-102
01/13/09 Senate Referred to Committee on Judiciary SJ-102
S 0070 General Bill, By Ford
A BILL TO AMEND SECTION 61-2-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION AND ENFORCEMENT OF
THE ALCOHOLIC BEVERAGE CONTROL ACT AND THE ADMINISTRATION AND ENFORCEMENT OF LAWS AND REGULATIONS RELATING
TO BEER, ALE, PORTER, AND WINE, SO AS TO PROVIDE THAT THE
ADMINISTRATION AND ENFORCEMENT OF THESE LAWS IS
RESERVED TO THE STATE AND TO PROVIDE THAT LOCAL ORDINANCES ATTEMPTING TO REGULATE THESE MATTERS ARE UNENFORCEABLE; AND TO AMEND SECTION 61-4-120, AS AMENDED,
RELATING TO THE PROHIBITION ON SUNDAY BEER AND WINE SALES
AND THE EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE
THAT BEER AND WINE MAY BE SOLD OR OFFERED FOR SALE AT ALL
HOURS EXCEPT THOSE HOURS WHEN SUCH SALES ARE PROHIBITED
BY STATE LAW AND TO PROVIDE THAT CONFLICTING MUNICIPAL
AND COUNTY ORDINANCES ARE UNENFORCEABLE.
12/10/08 Senate Prefiled
12/10/08 Senate Referred to Committee on Judiciary
01/13/09 Senate Introduced and read first time SJ-104
01/13/09 Senate Referred to Committee on Judiciary SJ-104
S 0066 General Bill, By Ford
A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE REMOVAL OF OFFICERS
BY THE GOVERNOR, SO AS TO ADD THE SOUTH CAROLINA PUBLIC
SERVICE AUTHORITY BOARD OF DIRECTORS TO THE OFFICERS WHO
MAY BE REMOVED BY THE GOVERNOR.
12/10/08 Senate Prefiled
12/10/08 Sen