HOUSE WEEK IN REVIEW
May 4, 2012

The House of Representatives returned H.3066, the “SOUTH CAROLINA RESTRUCTURING ACT OF 2012”, to the Senate with amendments. This legislation eliminates the State Budget and Control Board, devolving most of its functions upon a newly-created Department of Administration in the executive branch of government and transferring select functions to a newly-created State Contracts and Accountability Authority and Revenue and Fiscal Affairs Office. The legislation establishes the DEPARTMENT OF ADMINISTRATION under the executive branch of government headed by a director who appointed by the Governor with the advice and consent of the Senate. The following offices, divisions or components of the former State Budget and Control Board and other agencies are transferred to and incorporated into the Department of Administration: (1) Division of General Services including Facilities Management, Business Services together with Fleet Management, and Property Services; (2) Office of Human Resources; (3) Office of Executive Policy and Programs; (4) administrative function of the Office of the State Retirement System; (5) administrative functions of the Employee Insurance Program in the Office of Insurance Services; (6) Office of Economic Opportunity; (7) Developmental Disabilities Council; (8) Children’s Foster Care; (9) Veterans Affairs; (10) Commission on Women; (11) Victims Assistance; (12) Division of State Information Technology of the State Budget and Control Board; (13) Division of Procurement Services of the State Budget and Control Board; (14) Guardian Ad Litem program; (15) Children’s Case Resolution System; (16) Division of Small and Minority Business Contracting and Certification; (17) Continuum of Care for Emotionally Disturbed Children, and (18) the South Carolina Confederate Relic Room and Military Museum. The Executive Budget Office is established within the Department of Administration to support the Office of the Governor by conducting analysis, implementing and monitoring the annual general appropriations act, and evaluating program performance.

While H.3066 provides for administrative and operational functions of the State Retirement System to be assigned to the Department of Administration, a STATE CONTRACTS AND ACCOUNTABILITY AUTHORITY is created to make policy decisions regarding the retirement system, the state’s bond authority, State Employee Health Insurance Plan benefits, and other insurance services, including the Insurance Reserve Fund. The legislation creates the seven-member State Contracts and Accountability Authority composed of: (1) the Governor, who shall serve as ex officio as chairman; (2) the Attorney General, who shall serve ex officio; (3) the State Treasurer, who shall serve ex officio; (4) the Comptroller General, who shall serve ex officio; (5) the Lieutenant Governor, who shall serve ex officio; (6) one member of the House of Representatives, ex officio, appointed by the Speaker of the House of Representatives; and (7) one member of the Senate, ex officio, appointed by the President Pro Tempore of the Senate. The new authority also houses the State Auditor and Inspector General. Appointments to the Procurement Review Panel are to be made by members of the authority.

H.3066 create the REVENUE AND FISCAL AFFAIRS OFFICE, governed by the three appointed members of the Board of Economic Advisors, to make revenue projections, produce fiscal impact statements, and perform budget development functions. The office is comprised of the Board of Economic Advisors, the former Budget and Control Board’s Office of Research and Statistics, and the Office of State Budget.

H.3066 transfers the State Budget and Control Board’s Division of Local Government to the South Carolina Rural Infrastructure Authority and transfers the State Budget and Control Board’s State Energy Office to the Office of Regulatory Staff.

As part of its government restructuring, H.3066 eliminates numerous vacant full time employee positions.

H.3066 includes provisions for LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS that authorize committees of the General Assembly to conduct periodic reviews of state government functions and recommend which programs and initiatives should be continued, curtailed, or completely eliminated. The bill provides that all testimony given to an investigating committee of the General Assembly must be under oath. The felony offense of contempt of the General Assembly is created for those who willfully provide false, materially misleading, or materially incomplete testimony to legislative bodies. The legislation also creates the felony offense of criminal contempt for those who are subpoenaed to attend as a witness before a legislative body, but refuse to attend, be sworn, answer questions, or produce required documents. A violator of these new criminal offenses must be fined within the discretion of the court and/or imprisoned for up to five years.

The House adopted the conference committee report on H.3241 and, the Senate having also adopted the report, enrolled the bill for ratification. The legislation revises the governance and operation of the state’s CHARTER SCHOOLS, which are public schools organized in a manner that frees them from many state regulations to pursue innovative educational missions. Notably, the legislation:

• Authorizes the formation of single gender charter schools.

• Provides that a charter school student is eligible to compete for, and if selected, participate in any extracurricular activities not offered by the student’s charter school which are offered at the resident public school he would otherwise attend. A charter school student is eligible to compete for, and if selected, participate in an activity governed by the South Carolina High School League offered at the resident public school he would otherwise attend if the league-governed activity is not offered at the student’s charter school. A charter school is eligible for federally sponsored, state sponsored or district sponsored interscholastic leagues, competitions, awards, scholarships, grants, and recognition programs for students, educators, administrators, staff, and schools to the same extent as all other public schools.

• Affords the state’s public and independent institutions of higher learning the option of sponsoring a charter school.

• Establishes in the State Treasurer’s Office a Charter School Facility Revolving Loan Program for the construction, purchase, renovation, and maintenance of public charter school facilities.

• Revises membership requirements for the boards of directors that govern charter schools. The legislation establishes two-year terms for electing board members and provides that half of a board’s membership must be made up of individuals with K-12 education or business backgrounds, and at least half of the members must be elected by the employees and parents/guardians of students enrolled in the charter school, with parents/guardians having one vote for each child enrolled. Boards must have at least seven members all of whom must be South Carolina residents.

• Establishes new voting requirements that apply when there is a proposal to convert a traditional public school into a charter school and outstanding general obligation bond debt has been approved to construct or improve the facility within the previous ten years.

• Affords a converted charter school the right to occupy the facility and use the equipment, for the duration of its contract with a sponsor, in the same manner as before the school converted with no additional fees or charges.

• Provides that students who reside within the former attendance area of a traditional public school that is converted into a charter school must be given enrollment priority at the charter school.

• Allows a charter school to give enrollment priority to a sibling of a pupil who, within the last six years, attended the school for at least one academic year.

• Prohibits school districts from taking unlawful reprisals, such as pay reduction, dismissal, demotion, or suspension, against employees because of their involvement with an application to establish a charter school.

• Provides that the South Carolina Public Charter School District or public or independent institution of higher learning sponsor shall receive and distribute state funds to the charter school as provided by the General Assembly. The legislation includes other requirements for the timely distribution of funds to charter schools.

• Requires a county’s local legislative delegation to be notified of charter school applications.
• Reduces from eleven to nine the membership of the board of trustees that governs the South Carolina Public Charter School District by eliminating two of the Governor’s appointments.

• Establishes a mechanism that allows a local school district to create a school of choice that operates under exemptions from various state laws and regulations similar to the exemptions enjoyed by charter schools. Exemptions do not apply to: federal and state prohibitions on unlawful discrimination; pertinent health, safety, civil rights, and disability rights requirements; minimum student attendance requirements; state assessment requirements; and teacher certification requirements in the core academic areas, however, up to twenty five percent of the teaching staff of the school may be employed if the individual possesses a baccalaureate or graduate degree in the subject he is hired to teach.

The House returned S.1213, the “SOUTH CAROLINA MEDAL OF VALOR ACT OF 2012”, to the Senate with amendments. The bill creates the South Carolina Medal of Valor to be awarded to a South Carolinian, or an individual with certain ties to South Carolina, who was killed either while serving in or deploying to a combat zone. The South Carolina Medal of Valor is awarded on behalf of the people of the State of South Carolina and is presented to the families of these fallen service members.

The House adopted H.3445, a resolution amending the Rules of the House of Representatives by provide additional duties, complaint procedures, and procedures for findings of probable cause by the HOUSE OF REPRESENTATIVES LEGISLATIVE ETHICS COMMITTEE. Penalties are provided for violations and provisions are added regarding the receipt of documents relating to proceedings in actions taken against a member and the expulsion of a Member of the House of Representatives under certain circumstances.

The House approved and sent to the Senate H.5173, a joint resolution to clarify and affirm that the Savannah River Maritime Commission is the sole authority that may take any action pertaining to the navigability, depth, dredging, wastewater and sludge disposal, and related collateral issues of the South Carolina portion of the Savannah River. Concerning the SAVANNAH HARBOR EXPANSION PROJECT, establishes voting requirements for the South Carolina Delegation to the Joint Project Office and provides that South Carolina appointees to the Joint Project Office are subject to the advice and consent of the Senate. Any expenditure of state funds through the Joint Project Office must be upon the approval of a majority of the South Carolina representatives on the Joint Project Office.

The House amended and gave second reading approval to S.1031, a bill imposing new requirements relating to DEMOLISHING VEHICLES to reduce the likelihood that stolen property is being turned over to junk dealers, vehicle demolishers, and secondary metal recyclers. The legislation imposes new requirements for turning over a valid title certificate with a vehicle to a demolisher in order for the vehicle to be demolished. The legislation establishes alternate means of satisfying proof of ownership to allow a vehicle to be demolished without producing a title to apply in situations where vehicles have been obtained through sheriffs’ sales, public auctions of abandoned vehicles, and similar lawful transactions. The legislation establishes a procedure allowing someone to turn over older derelict vehicles for demolishing without a title or other proof of ownership. Such vehicles, including wrecks abandoned on one’s property, must be at least twelve model years old and must lack an engine or be otherwise totally inoperable. Before completing a transaction on such vehicles, the demolisher or secondary metals recycler shall verify with the Department of Motor Vehicles whether the vehicle has been reported stolen. If a vehicle has been reported stolen, the demolisher or secondary metals recycler shall not complete the transaction and shall notify the appropriate law enforcement agency. The legislation enhances record keeping requirements for businesses and criminal penalty provisions for violations. First offenses remain misdemeanors, and second and subsequent offenses are felonies subject to a fine of up to one thousand dollars and/or imprisonment for up to three years. Falsifying a required application, form or affidavit is a felony offense. In lieu of criminal penalties, the director of the Department of Motor Vehicles may issue an administrative fine of up to one thousand dollars for each unintentional violation. Also, a vehicle used to transport a vehicle or vehicle parts unlawfully may be subject to seizure by law enforcement and forfeiture.

The House amended and gave second reading approval to S.391, a bill REVISING ELECTION SCHEDULES. The legislation makes revisions to timelines established under election law provisions. Notably, the legislation revises the requirement for scheduling special elections to fill vacancies that occur late in a term of office. Under the bill, such special elections would be required to fill a vacancy that occurs no more than one hundred twenty days (rather than the current sixty days) prior to the general election.

The House approved S.6, a bill providing for the RATIFICATION OF THE STATE CONSTITUTIONAL AMENDMENT ENHANCING THE RESERVE FUNDS, and enrolled the legislation for ratification. The legislation provides for the ratification of the amendment to the South Carolina Constitution approved by voters at the last general election to increase the holdings requirement of the General Reserve Fund and revise the use of the Capital Reserve Fund.

The House concurred in Senate amendments to H.4787, the “PORTABLE ELECTRONICS INSURANCE ACT”. The legislation provides for the licensure and regulation of vendors of insurance covering the repair or replacement of portable electronic devices. The legislation provides requirements relating to the sale of portable electronics insurance under a limited lines license, establishes disclosure requirements for vendors of such insurance to prospective consumers, provides licensure fees and surcharges, and establishes penalties for violations.

The House concurred in Senate amendments to H.3083 and enrolled the bill for ratification. The legislation provides a five-year EXTENSION FOR THE SOUTH CAROLINA CONSERVATION BANK ACT. The legislation extends the July 1, 2013, sunset date for the South Carolina Conservation Bank until July 1, 2018.

The House approved S.1351, a bill revising LIFEGUARD REQUIREMENTS FOR PUBLIC SWIMMING POOLS, and enrolled the legislation for ratification. The legislation replaces current requirements for lifeguards at state and local government pools that strictly tie lifeguard staffing requirements to pool size with new requirements that allow for more flexibility in that they also take into account the number of patrons using the pool.

The House concurred in Senate amendments to H.5028 and enrolled the legislation for ratification. This joint resolution directs the Department of Health and Environmental Control for fiscal year 2012 2013 to temporarily suspend enforcement of certain provisions of the MEDICAID NURSING HOME PERMIT LAW and to set certain nursing home staffing standards in order to meet appropriations.

The House concurred in Senate amendments to H.3059, a bill REVISING THE INCOME TAX CREDIT FOR PLUG-IN HYBRID VEHICLES, and enrolled the legislation for ratification. The legislation establishes technical criteria for qualifying vehicles, adjusts amounts of claims and provides that claims are available on a first come, first serve basis as determined by the Department of Revenue until the total allowable credits for that fiscal year are exhausted. The legislation provides for the tax credit to sunset as of December 31, 2016.

The House concurred in Senate amendments to H.4906, a joint resolution EXTENDING THE DEADLINE FOR THE VETERANS’ ISSUES STUDY COMMITTEE to submit its written report from January 31, 2012, to January 31, 2016, and enrolled the legislation for ratification.

The House approved S.271 and enrolled the bill for ratification. This legislation pertains to DEBTOR’S PROPERTY EXEMPT FROM ATTACHMENT, LEVY AND SALE, and in particular it relates to the EXEMPTION FOR INDIVIDUAL RETIREMENT ACCOUNTS. Current law provides an exemption for individual retirement accounts only to the extent reasonably necessary for the support of the debtor or his dependents. This legislation deletes this limitation. The legislation provides that the interest of an individual under a retirement plan is exempt from creditor process to the same extent permitted under federal bankruptcy law. The exemption is available whether such individual has an interest in the retirement plan as a participant, beneficiary, contingent annuitant, alternate payee, or otherwise.

The House concurred in Senate amendments to H.4205 and enrolled the bill for ratification. The legislation authorizes the CONVERSION TO A PUBLIC SERVICE DISTRICT for the Kershaw County and Lee County Regional Water Company so that it can take advantage of a more favorable tax status and financing terms than are now available under its present organization as a nonprofit corporation.

The House amended, approved, and sent to the Senate H.3257. This bill allows the Department of Motor Vehicles to issue UNITED STATES MARINE CORPS SPECIAL LICENSE PLATES.

The House amended Senate amendments to H.3720, a bill revising ECONOMIC DEVELOPMENT INCENTIVES, and returned the legislation to the Senate.

The House returned S.1307 to the Senate with amendments. This bill EXPANDS THE MEMBERSHIP OF VARIOUS EDUCATIONAL BOARDS AND COMMISSIONS to include representation for the South Carolina’s new seventh congressional district.

The House returned S.220, a bill PROHIBITING THE RESALE OF RETURNED MEAT, to the Senate with amendments. The legislation provides that fresh meat or fresh meat products sold to a consumer may not be offered to the public for resale for human consumption if they have been returned by the consumer.

The House amended, approved, and sent to the Senate H.4487. This legislation establishes a thirteen-member UTILITIES RELOCATION STUDY COMMITTEE to review, study, and make recommendations concerning the need for improved coordination and funding of the relocation of water and sewer facilities located within the public rights-of-way when such relocation is required due to the construction or improvement of roads and bridges in the state. The members of the study committee shall serve without compensation and may not receive mileage or per diem. The committee shall make a report of its findings and recommendations to the General Assembly no later than January 15, 2013, at which time the study committee terminates.

The House amended Senate amendments to H.4726, legislation relating to the powers of public service district and special purpose district commissions, including the power to assess the cost of the ESTABLISHMENT AND CONSTRUCTION OF A SEWER LATERAL COLLECTION LINE, and returned the bill to the Senate.

The House approved and sent to the Senate H.4798. Relating to the trial of a person in a MUNICIPAL COURT, this legislation revises the period of time in which a person must be tried after the date of his arrest to make it consistent with the timeframe established in other provisions.

The House approved and sent to the Senate H.4995, a bill revising SALES TAX EXEMPTIONS.

The House approved and sent to the Senate H.3235, a bill making revisions to the FREEDOM OF INFORMATION ACT (FOIA) which establishes an individual’s rights to inspect or obtain copies of public records and other government documents.

The House approved and sent to the Senate H.4610, a bill establishing a SCHOOL BUS DECENTRALIZATION STUDY COMMITTEE.

The House approved and sent to the Senate H.3079, a bill providing for CHARITABLE BINGO REVISIONS.

HOUSE WEEK IN REVIEW
May 11, 2012

The House of Representatives amended and returned to the Senate S.1031, a bill imposing new requirements relating to DEMOLISHING VEHICLES to reduce the likelihood that stolen property is being turned over to junk dealers, vehicle demolishers, and secondary metal recyclers. The legislation imposes new requirements for turning over a valid title certificate with a vehicle to a demolisher in order for the vehicle to be demolished. The legislation establishes alternate means of satisfying proof of ownership to allow a vehicle to be demolished without producing a title to apply in situations where vehicles have been obtained through sheriffs’ sales, public auctions of abandoned vehicles, and similar lawful transactions. The legislation establishes a procedure allowing someone to turn over older derelict vehicles for demolishing without a title or other proof of ownership. Such vehicles, including wrecks abandoned on one’s property, must be at least twelve model years old and must lack an engine or be otherwise totally inoperable. Before completing a transaction on such older vehicles, the demolisher or secondary metals recycler must verify with the Department of Motor Vehicles whether the vehicle has been reported stolen. If a vehicle has been reported stolen, the transaction must not be completed and the demolisher or secondary metals recycler must notify the appropriate law enforcement agency. The legislation enhances record keeping requirements for businesses and criminal penalty provisions for violations. First offenses remain misdemeanors, and second and subsequent offenses are felonies subject to a fine of up to one thousand dollars and/or imprisonment for up to three years. Falsifying a required application, form or affidavit is a felony offense. In lieu of criminal penalties, the director of the Department of Motor Vehicles may issue an administrative fine of up to one thousand dollars for each unintentional violation. Also, a vehicle used to transport a vehicle or vehicle parts unlawfully may be subject to seizure by law enforcement and forfeiture.

S.1031 also includes revisions to the legislation that the General Assembly approved last year to address the problem of COPPER THEFT by enhancing penalties for unlawfully obtaining copper and other nonferrous metals and imposing new restrictions on the sales of such metals that require recyclers and others who sell, purchase and transport nonferrous metals to obtain permits from the sheriff. Notably, the legislation revises the criminal offense established for unlawfully obtaining metals so that it includes lead-acid batteries and steel propane gas tanks, but excludes aluminum cans. The legislation makes revisions regarding required permits. A statewide permit is authorized for transporting nonferrous metals that is valid for a period of two years, rather than one year. The legislation provides for the revocation of permits for violations. To strengthen the existing prohibition on cash transactions for the sale of copper, catalytic converters and beer kegs that requires recyclers to pay for such purchases by check alone, the legislation prohibits a recycler from cashing checks or making use of an automated teller machine (ATM) or other cash card system instead of a check. The legislation prohibits a recycler from purchasing or otherwise acquiring an iron or steel manhole cover or drainage grate. The restrictions placed on metal purchases are revised to establish several exemptions for governments, businesses and charities that have lawful reasons for dealing with scrap metal.

The House amended, approved, and sent to the Senate H.4944, the “SOUTH CAROLINA TELEMEDICINE INSURANCE REIMBURSEMENT ACT”. The legislation provides that a physician or other health care provider who performs telemedicine services in an approved manner must be reimbursed by an insurer for those services in the same manner as health care services provided through an in person consultation. Under the legislation, telemedicine means the delivery of health care, including diagnosis, treatment, or transfer of medical data, by means of interactive audio, video, or data communications by a licensed physician or other health care provider at a consultant site to a patient at a referring site. Interactive audio and video telecommunications must be used between the consultant site and the referring site. The legislation specifies the responsibilities of the telemedicine provider to promptly and electronically communicate the details of an encounter to the patient’s medical home, or, when a patient has no medical home, to either perform or arrange a face to face encounter between the patient and a physician within one week. The South Carolina Board of Medical Examiners has the authority to authorize other specific programs that use standard telephone, facsimile transmissions, unsecured electronic mail, or a combination of them to render health care services, but services rendered through such means do not constitute telemedicine under the legislation.

The House amended, approved, and sent to the Senate H.3258. This bill provides that a UNITED STATES NAVAL ACADEMY SPECIAL LICENSE PLATES MAY BE ISSUED TO A SURVIVING SPOUSE OF A GRADUATE. This bill also allows the Department of Motor Vehicles to issue a UNITED STATES NAVY CHIEF PETTY OFFICER SPECIAL LICENCE PLATE.

The House approved S.1268 and enrolled the legislation for ratification. This joint resolution provides that, in 2013 and 2014, the annual FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE for vehicles in the manufacturer’s employee benefit program and for the testing, distribution, evaluation, and promotion of its vehicles is seven hundred two dollars. The legislation provides that twenty dollars of each fee is credited to the General Fund of the state and the balance to local governments. In the case of employees participating in the benefit program who reside outside of this State, the entire fee must be credited to the General Fund of the state.

HOUSE WEEK IN REVIEW
April 27, 2012

The House of Representatives amended, approved, and sent to the Senate H.4997, a bill providing for INDIVIDUAL INCOME TAX RELIEF. This bill revises individual income tax provisions by eliminating the current four, five, and six percent income brackets and providing instead for incomes to be taxed through a revised and consolidated structure consisting of only three brackets of 0%, 3.75%, and 7%. The legislation includes provisions to ensure that no individual income tax burden increases as a result of these changes. The revised bracket structure applies for taxable years beginning after 2012.

The House amended, approved, and sent to the Senate H.4996, which provides for SMALL BUSINESS INCOME TAX RELIEF. This bill reduces from five percent to three percent the tax rate for income derived from pass through trade and business arrangements, such as sole proprietorships, partnerships, and “S” corporations. The reduction is to be phased in over the course of four years under a gradual schedule that reduces the tax rate by 0.5% per year.

The House amended and gave second reading approval to H.4995, a bill revising SALES TAX EXEMPTIONS. The legislation eliminates the sales tax exemptions provided for the following items: railroad cars, locomotives, monorail cars, and the engines or motors that propel them, and their parts; vessels and barges of more than fifty tons burden; motor vehicles (excluding trucks) or motorcycles sold to someone who is a resident of another state, but who is located in South Carolina by reason of orders of the United States Armed Forces; plants and animals sold to any publicly supported zoological park or garden; office supplies or other commodities and services resold by the State Budget and Control Board to state government departments and agencies, if the tax was paid on the original purchase; petroleum asphalt products used in paving, purchased in-state, but exported for out-of-state use; depreciable assets, used in the operation of a business when the entire business is sold by the owner under a written contract and the purchaser continues operation of the business; solid waste disposal collection bags that a local government specifically requires its residents to buy; postage purchased by those selling direct mailing advertising services; parts and supplies used by persons engaged in the business of repairing or reconditioning aircraft owned by or leased to the federal government or commercial air carriers; motor vehicle extended service contracts and motor vehicle extended warranty contracts; clothing and other attire required for working in high tech clean room environments; audiovisual masters; cooperative direct mail promotional advertising materials and promotional maps, brochures, pamphlets, or discount coupons by nonprofit chambers of commerce or convention and visitor bureaus; copies of or access to legislation or other informational documents provided to the general public or any other person by a legislative agency when a charge for these copies is made to cover the cost of the copies; seventy percent of the gross proceeds of the rental or lease of portable toilets; property sold to the public through a sheriff’s sale; amusement park rides and their parts, machinery, and equipment located in a qualifying park; energy efficient appliances and products purchased for noncommercial home or personal use with a sales price of two thousand five hundred dollars or less; and, machinery and equipment, building and other raw materials, and electricity used in the operation of a facility owned by an nonprofit organization that is principally used for researching and testing the impact of such natural hazards as wind, fire, water, earthquake, and hail on building materials used in residential, commercial, and agricultural buildings. The revenue generated by the elimination of these exemptions must be used to reduce the overall sales tax rate. The Joint Committee on Taxation is re-established under the legislation and charged with conducting a cost benefit analysis of the sales tax exemptions and reviewing their feasibility every five years, if not more frequently.

The House amended, approved, and sent to the Senate H.5025, a bill revising the GOVERNANCE OF SOUTH CAROLINA STATE UNIVERSITY. The legislation immediately terminates the current terms of all present members of the South Carolina State University board of trustees and establishes an interim board to govern the university until June 30, 2014. The legislation provides for the composition and qualifications of the seven-member interim governing board, with three of its members to be appointed by the Speaker of the House of Representatives, three to be appointed the President Pro Tempore of the Senate, and one appointed by the Governor. The interim governing board is instructed to immediately terminate any individual serving as president of the university and is authorized to select another president or designate someone to serve as acting president. Beginning July 1, 2014, South Carolina State University is to be governed by a revised board of trustees, composed of eleven members (a reduction from the current total of thirteen members). The General Assembly elects one member from each of the state’s seven congressional districts (an increase reflecting the addition of a congressional district), and one at-large member (a decrease from the current total of six at-large members). The legislation adds one alumni member of the board elected by the university’s alumni association. The president of the student body or the university’s student government association is to serve ex officio as the tenth member of the board with full privileges, including the right to vote. Provisions for a designee are included should this individual not be a qualified elector. The Governor, or a designee, continues to serve as an ex officio board member.

The House amended and gave second reading approval to H.4610, a bill establishing a SCHOOL BUS DECENTRALIZATION STUDY COMMITTEE. The legislation creates a committee to produce a study on the decentralization of the provision of school transportation services in this state by the public sector, private sector, or combination of both that must address the most cost effective, efficient, and safe way to provide school transportation services to students in grades K 12 utilizing available state and local resources and funding. The committee shall consist of eleven members, four members to be appointed by the Speaker of the House of Representatives, one of whom must be a school finance officer, four members to be appointed by the President Pro Tempore of the Senate, one of whom must be a school finance officer, and three members to be appointed by the Governor. With legislative and gubernatorial staff supplying needed assistance, the committee is required to submit its report by January 1, 2013, at which time the committee shall be abolished. The legislation also provides that a school district may not require or charge a fee to a parent or guardian of a child for access to school bus transportation to and from school.

The House amended, approved, and sent to the Senate H.4497, the “CERVICAL CANCER PREVENTION ACT”. The legislation provides that, beginning with the 2012-2013 school year, the Department of Health and Environmental Control (DHEC) shall offer the cervical cancer vaccination for adolescent students enrolling in the seventh grade in any public or private school in the state. This cervical cancer vaccination, the human papillomavirus vaccination series, is not mandatory. DHEC is charged with developing and providing schools with informational brochures concerning adolescent vaccinations, including the cervical cancer vaccination series, which must specifically mention the optional nature of the cancer vaccination series and encourage the student’s parent or guardian to take the child to their own health care provider to be vaccinated. Each school district must provide these informational brochures to the parents or guardians of all students in the sixth grade at the beginning of the school year. Implementation of this legislation is contingent upon the appropriation of state and federal funding to DHEC to fully cover the costs of providing this vaccine to eligible students as well as the availability of funds to produce the informational materials.

The House approved and sent to the Senate H.4626. This bill creates the BREAST CANCER AND COLORECTAL CANCER SCREENING AND TREATMENT TRUST FUND and redirects to this new fund half of the annual five million dollars of cigarette surtax revenues that current law assigns to the Smoking Prevention and Cessation Trust Fund. This annual fund deposit of two and one half million dollars in cigarette surtax revenues must be used by the South Carolina Department of Health and Environmental Control for the sole purpose of establishing a statewide breast cancer and colorectal cancer screening and treatment program.

The House amended, approved, and sent to the Senate H.4943, a bill providing expansive authority for NIGHTTIME HUNTING OF COYOTES, ARMADILLOS, AND FERAL HOGS ON PRIVATE PROPERTY in an effort to control growing populations of these destructive animals. The legislation allows someone with a valid hunting license and the landowner’s permission to take coyotes, armadillos, and feral hogs on private property during the nighttime hours from one hour after official sunset on the last day of February to one hour before official sunrise the first day of July of that same year. The legislation allows for hunting with any legal firearm or arrow shooting device with or without the aid of bait, electronic calls, artificial light, infrared, thermal or laser sighting devices, night vision devices, or any device aiding the identification or targeting of species.

The House approved and sent to the Senate H.5104, relating to SWORN TESTIMONY BEFORE THE GENERAL ASSEMBLY. The bill provides that all testimony given to a committee or subcommittee of either house of the General Assembly must be under oath. The felony offense of contempt of the General Assembly is created for those who willfully provide false, materially misleading, or materially incomplete testimony to legislative bodies. The legislation also creates the felony offense of criminal contempt for those who are subpoenaed to attend as a witness before a legislative body, but refuse to attend, be sworn, answer questions, or produce required documents. A violator of these new criminal offenses must be fined within the discretion of the court and/or imprisoned for up to five years.

The House amended and gave second reading approval to H.3235, a bill making revisions to the FREEDOM OF INFORMATION ACT (FOIA) which establishes an individual’s rights to inspect or obtain copies of public records and other government documents. The legislation includes provisions for the electronic transmission and online posting of public records. Documents from meetings during the previous six-month period are included among the records a public body must make available for public inspection and copying. The legislation revises the required timeline for complying with a FOIA request and provides that records must be furnished or made available no later than thirty days (except Saturdays, Sundays, and legal public holidays) from the date of the original request. If, however, the records are more than twenty four months old, the public body is allowed up to forty five additional calendar days to comply with the request. The legislation revises the fees that a public body is allowed to charge for complying with FOIA requests by: disallowing copy charges for records that are stored or transmitted in an electronic format; capping fees at the prevailing commercial rate for producing copies; and, prohibiting a public body from charging for staff time associated with gathering or reproducing the records. The legislation allows a deposit of up to 25% of the total cost for reproduction of the records to be required prior to the public body searching for or making copies of records. The legislation eliminates the current FOIA exemption provided for memoranda, correspondence, and working papers in the possession of individual members of the General Assembly and their immediate staff.

The House amended, approved, and sent to the Senate H.4484, a bill providing authority for CLAIMING THE OWNER-OCCUPIED PROPERTY TAX ASSESSMENT RATIO ON A SECOND RESIDENCE THAT IS A VACANT HOME UP FOR SALE. The legislation establishes provisions that allow a taxpayer to claim the four percent property tax assessment ratio for two residential properties located in the state so long as the taxpayer is attempting to sell the first acquired residence and this residence that is for sale remains vacant and unused. The four percent assessment ratio may not be claimed on both residences for more than one property tax year.

The House amended, approved, and sent to the Senate H.5049, a bill revising the APPEAL OF A PROPERTY TAX ASSESSMENT VALUE. The legislation provides that the appeal must be based on the market values of real property as of December thirty first of the tax year under appeal. The legislation revises property tax assessment notice provisions, so as to provide that in a year in which an assessable transfer of interest occurs due to a conveyance, if the assessor determines that fair market value is more than the purchase price, the assessor shall state with particularity, the basis for the increase in fair market value. The legislation provides that the taxpayer at least has thirty days of receipt of the tax notice to appeal, and requires the assessor to include a property tax refund assignment contract in certain cases. The legislation provides that the county assessor shall have the burden of proof in a property tax appeal. The legislation allows a taxpayer to appeal the value once every five years, with certain exceptions.

The House amended, approved, and sent to the Senate H.4640, a bill revising RESIDENT VENDOR PREFERENCES UNDER THE STATE’S CONSOLIDATED PROCUREMENT CODE. Current laws governing the award of government contracts for goods and services do not allow resident vendor preferences to apply in contracts that exceed five hundred thousand dollars. The legislation allows in-state businesses and all others that qualify for resident vendor status to receive their preferences, up to the allowed maximum, on these larger contracts. The legislation makes other procurement code revisions, eliminating certain provisions that tie preferences to South Carolina and United States end products, and enhancing the preference allowed on bids by certain large employers, manufacturers, and other business located in South Carolina by providing for such bids to be decreased by nine rather than seven percent.

The House approved and sent to the Senate H.4802, the “SOUTH CAROLINA ABANDONED BUILDINGS REVITALIZATION ACT”. The legislation establishes incentives for the renovation and redevelopment of abandoned buildings located in South Carolina by providing conditions under which a taxpayer making qualifying investments in a building abandoned for at least five years can receive a tax credit equal to twenty five percent of actual rehabilitation expenses against income tax and/or property tax liability.

The House approved and sent to the Senate H.4675, relating to PROHIBITED GAMBLING DEVICES. This legislation specifies that those who are licensed to hold and advertise special events such as bingo, raffles, and other similar activities intended to raise money for charitable purposes do not have the authority to make use of video poker machines, slot machines, or other coin-operated gambling machines and similar statutorily prohibited devices. The legislation also specifies that these prohibited gambling devices are not authorized for use in the sweepstakes and promotional games that beer and wine sales permit holders are allowed to conduct.

The House amended, approved, and sent to the Senate H.4082, a bill addressing FUNDING FOR FORESTRY COMMISSION FIREFIGHTING ACTIVITIES AND EQUIPMENT. The legislation provides that, from July 1, 2012, through June 30, 2017, two and one quarter percent of insurance premium tax revenue must be transferred to the South Carolina Forestry Commission and used by that agency for firefighting and firefighting equipment replacement.

The House amended, approved, and sent to the Senate H.4697, a bill relating to SOUTH CAROLINA ARTS COMMISSION FUNDING. The legislation provides that eight and one half percent of the balance remaining of the general fund portion of state admissions tax revenues for the previous fiscal year, after required transfers have been, made must be transferred annually to the South Carolina Arts Commission. The South Carolina Arts Commission shall expend at least seventy percent of funds from the admissions tax on grants to support the statewide improvement of learning and enrichment opportunities for children and communities through educational and cultural programs with proven research based strategies.

The House amended, approved, and sent to the Senate H.3209, a bill authorizing PROTECTIONS FOR PETS IN COURT ORDERS OF PROTECTION FROM DOMESTIC ABUSE in order to prevent the mistreatment of an animal from being used as a means of threatening or coercing a domestic abuse victim. This legislation authorizes a court to prohibit harm or harassment of a pet animal in an order of protection from domestic abuse. The court may also order the temporary possession of pets when providing for the temporary possession of personal property.

The House approved and sent to the Senate H.4516, relating to the INVESTIGATION OF ABUSE, NEGLECT, AND EXPLOITATION OF RESIDENTS IN CERTAIN FACILITIES OPERATED BY THE STATE. This legislation provides that noncriminal reports of abuse, neglect, and exploitation of persons committed to the Department of Mental Health pursuant to the Sexually Violent Predator Act must be referred by the Vulnerable Adults Investigations Unit of the State Law Enforcement Division to the Client Advocacy Program of the Department of Mental Health for investigation.

The House approved and sent to the Senate H.3987, legislation authorizing CHILD SUPPORT ENFORCEMENT ASSISTANCE TO BE PROVIDED BY CLERKS OF COURT in cases not being administered pursuant to federal law by the South Carolina Department of Social Services. This legislation allows clerks of court to attempt to locate individuals for the purpose of establishing, modifying, and enforcing child support obligations, and it allows clerks of court access to certain enforcement information.

The House amended, approved, and sent to the Senate H.3274, a bill establishing a procedure for a landlord in a residential rental agreement to apply for the EXPEDITED EJECTMENT OF A TENANT FOR CAUSING MALICIOUS PROPERTY DAMAGE OR A SIGNIFICANT THREAT TO SAFETY.

The House amended, approved, and sent to the Senate H.4672, a PROPOSED AMENDMENT TO THE STATE CONSTITUTION RELATING TO THE ELIGIBILITY TO HOLD A POPULARLY ELECTED OFFICE IN THIS STATE. This legislation proposes to amend the State Constitution relating to the eligibility to hold a popularly elected office in this state, specifically so as to eliminate the exception that allows a person to hold elective office if it has been fifteen or more years after the completion date of the person’s sentence, including probation and parole time. 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.4128, legislation authorizing GOLD AND SILVER AS LEGAL TENDER. To the full extent allowed by the United States Constitution, this legislation allows minted gold and silver coins as legal tender for payment of any debt public or private. The legislation further provides that no person may be compelled to accept or tender gold or silver coin, minted or otherwise. A transaction for the purchase of gold or silver coin is not subject to ad valorem or sales tax imposed by South Carolina. H.4128 also establishes a nine-member JOINT COMMITTEE FOR THE ADOPTION OF AN ALTERNATIVE FORM OF CURRENCY. This committee is composed of three Senators appointed by the Chairman of the Senate Finance Committee; three members of the House of Representatives appointed by the Chairman of the Ways and Means Committee; and three representatives of the business community, one being a certified public accountant, appointed by the Governor. The committee must make a detailed and careful study of the need, means and schedule for establishing an alternative currency within the State of South Carolina. The committee must report its findings to the General Assembly and Governor by June 30, 2012, at which time the committee will be dissolved. These findings and recommendations must be published and made available to the public.

The House amended, approved, and sent to the Senate H.5051. This legislation provides that the MISSION OF FOUR YEAR COLLEGES AND UNIVERSITIES INCLUDES HIGHLY FOCUSED DOCTORAL DEGREES that are not unnecessarily duplicative of any university doctoral program; reflect the unique research expertise of a cadre of faculty in the discipline sufficient to sustain doctoral level research at the four-year institution; and meet the needs of the State.

The House amended, approved, and sent to the Senate H.3710, a bill providing authority for the ISSUANCE OF TEMPORARY PROFESSIONAL AND OCCUPATIONAL LICENSES TO SPOUSES OF ACTIVE DUTY MILITARY PERSONNEL stationed in South Carolina. The legislation establishes the conditions under which a board or commission that regulates the licensure of a profession or occupation may issue a six-month temporary license to the spouse of an active duty member of the United States Armed Forces assigned to a duty station in this state. In order to obtain a temporary license, an applicant must meet the legislation’s requirements, including holding a valid license issued in another jurisdiction and passing applicable criminal background checks.

The House approved and sent to the Senate H.4637. This bill requires each regional transportation authority to develop and implement a program within its service area that makes PUBLIC TRANSPORTATION AVAILABLE AT NO CHARGE TO DISABLED VETERANS and former prisoners of war.

The House approved and sent to the Senate H.5150. Responding to an opinion recently issued by the South Carolina Supreme Court, this bill reenacts a code provision to assert that the LIMITED LIABILITY COMPANY ACT WAS INTENDED BY THE GENERAL ASSEMBLY TO SHIELD A MEMBER OF A LIMITED LIABILITY COMPANY FROM PERSONAL LIABILITY for actions taken in the ordinary course of business of the LLC.

The House approved and sent to the Senate H.4766 the “SOUTH CAROLINA BENEFIT CORPORATION ACT”. The legislation establishes a mechanism for organizing as, or converting to, a benefit corporation, a domestic corporation arrangement that involves not only accountability to the interests of corporate shareholders but also adherence to third-party standards for benefiting the public welfare through environmental, religious, charitable, scientific, literary, or educational missions and similar pursuits. With regard to accountability, benefit corporations are required to consider the impact of their decisions not only on shareholders but also on workers, community, and the environment. Additionally, benefit corporations must publicly report annually on overall social or environmental performance against a third party standard. A benefit corporation may include in its governing documents other corporate purposes, including engaging in any lawful business. This status has no tax implication for the corporation. A benefit corporation may terminate its status by amending its governing documents.

The House approved and sent to the Senate H.4956, a joint resolution by which the South Carolina General Assembly requests the President of the United States of America to issue an executive order to the Department of Interior to lift the 2010 ban on all OFFSHORE DRILLING EXPLORATION within the outer continental shelf lands and expedite all permitting requirements for the development of the nation’s abundant oil and natural gas energy resources.

The House amended, approved, and sent to the Senate H.4687, regarding the ELECTRONIC TRANSMITTAL OF DEATH CERTIFICATES. The bill requires death certificates to be electronically filed with the Bureau of Vital Statistics. Death certificates must be transmitted electronically between the funeral home director and the physician, coroner, or medical examiner certifying the cause of death in order to document the death certificate information. Required signatures on death certificates must be provided by electronic signature. An individual who acts, without compensation, as a funeral director on behalf of a deceased family member or friend; physicians certifying fewer than twelve deaths per year; or funeral homes that perform fewer than twelve funerals per year are exempt from the requirement.

The House approved and sent to the Senate H.4821, a bill authorizing the collection of a fee for FILING COURT DOCUMENTS BY ELECTRONIC MEANS from a South Carolina Judicial Department integrated electronic filing (e filing) system. The amount of the fee is to be set by the Chief Justice of the South Carolina Supreme Court and all fees collected must be dedicated to the support of court technology.

The House approved and sent to the Senate H.4758. The legislation eliminates provisions relating to the role of jury commissioners in SUMMONING JURORS IN CIRCUIT COURT and instead allows the clerk of court or the deputy clerk to perform the function of drawing and summoning jurors.

The House amended and gave second reading approval to H.3079, a bill providing for CHARITABLE BINGO REVISIONS. The legislation creates the Charitable Bingo Advisory Committee to address, in an advisory capacity, issues arising in the charitable bingo industry including, modernization of the industry, expansion of products, streamlining the regulatory process, and improvement of communication toward the ends of conformance and compliance with the Bingo Tax Act. The legislation provides for the committee’s membership and requires a Department of Revenue employee, who is knowledgeable about the provisions of the Bingo Tax Act, to serve as liaison with the committee. The legislation provides for the establishment of an informational charitable bingo website by the Department of Revenue to serve as a clearinghouse for information and requires the department’s response to inquiries as permanently accessible advisory opinions. The legislation provides for various revisions to bingo provisions. Notably, the legislation broadens provisions for a bingo gaming session to include several types of instant bingo games.

The House amended, approved, and sent to the Senate H.5029, a bill establishing conditions for the OFF SITE DISPLAY OF AUTOMOBILES AND TRUCKS by vehicle dealers at charitable functions, school or church fundraising events, town festivals, and similar occasions.

The House approved and sent to Senate H.4957. This joint resolution provides that, in 2013 and 2014, the annual FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE for vehicles in the manufacturer’s employee benefit program and for the testing, distribution, evaluation, and promotion of its vehicles is seven hundred two dollars. The legislation provides that twenty dollars of each fee is credited to the General Fund of the state and the balance to local governments. In the case of employees participating in the benefit program who reside outside of this State, the entire fee must be credited to the General Fund of the state.

The House approved and sent to the Senate H.4824, a joint resolution relating to the REPEAL OF DRIVER’S LICENSE SUSPENSIONS FOR CONTROLLED SUBSTANCE VIOLATIONS. This joint resolution makes revisions pertaining to the repeal of Section 56-1-754, which relates to the suspension of a driver’s license of a person convicted of a controlled substance violation. This particular code section was repealed by the General Assembly last year by Act 13 of 2011. This legislation enacts language in order to carry out the intentions of the General Assembly when it enacted this legislation to discontinue the suspension of the driver’s license of a person who was charged with a controlled substance violation before April 12, 2011, but whose conviction occurred on or after April 12, 2011.

The House approved and sent to the Senate H.5098, a bill revising provisions that relate to TEMPORARY PERMITS FOR THE POSSESSION, SALE, AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK IN A COUNTY OR MUNICIPALITY UPON A FAVORABLE REFERENDUM VOTE, so as to further provide for those elections which constitute general elections for purposes of the referendums required.

The House approved and sent to the Senate H.4054, a bill providing that it is UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON LAKE KEOWEE WITHIN TWO HUNDRED YARDS OF A DWELLING.

Following the Senate’s rejection of the conference committee report that the House adopted on H.3241, a bill revising provisions for CHARTER SCHOOLS, the House made appointments to a new conference committee to address its differences with the Senate on this legislation.

The award was announced months ago; but tonight I joined Representative Huggins to present a House Resolution to The Mungo Companies at an event held at Gallery 701. There were several realtors in attendance as well as many contractors and subcontractors who continue to help our economy rebound. As many understand, the housing industry is a key driver of the overall economy.

From their December press release:

The Mungo Companies are pleased to announce that they have been named America’s Best Builder for 2012 by Builder magazine.

The America’s Best Builder award honors the best new home builders in the country, based on overall achievement in new home construction and excellence in finance/operations, design/construction, customer service/quality, community/industry service and marketing. There are four winners for 2012, based on number of closings; and the Mungo Companies has been selected as America’s Best Builder in the category with the highest number of closings.

According to Denise Dersin, Builder magazine Editor-in-chief, “You now share a great honor with a select group of the nation’s foremost new home builders. The program drew a strong field of candidates, of which Mungo was determined to be the best in its class.”

CEO Steven Mungo praised his staff, saying “Stewart (Mungo) and I are really proud of our team and appreciate what they do to make us such a great company. These past few years have not been easy on our industry but this somehow makes the journey and the award even more gratifying. We will forge ahead with the same spirit and determination that got us here.”

America’s Best Builders are selected from an open call of entries and reviewed by a panel of industry experts. The winners will be highlighted in the March issue of Builder magazine, the official trade publication of the home building industry.

About The Mungo Companies

The Mungo family started building new homes in Columbia in 1954. With a track record of success based on quality, value and integrity, the Mungo family of building companies – Mungo Homes, Sovereign Homes and Harbor Homes — builds new homes in seven markets in North Carolina, South Carolina, and Georgia, and enjoys financial security and stability that has eluded many home builders in today’s tenuous economic climate. The Mungo family of companies was recognized as the winner of the 2008 National Housing Quality Award – the home building industry’s highest national honor – and is the only South Carolina-based builder ever honored with this prestigious award. The Mungo family of companies was recently named the 35th largest builder in the country by Builder magazine.

For additional information, click here: Builder Online

This morning, I joined Representative Huggins and Governor Haley as she shared exciting news about the improving SC economy. It was an honor to have her showcase, Stier Supply , located on Lake Murray Boulevard just down the street from the Irmo Chamber of Commerce .

To see Mr. Steir’s comments and the Governor’s announcement, click here.

Below is the News Release from the SC Department of Employment and Workforce

South Carolina’s Employment Situation
March 2012

Unemployment Rate Below 9.0 Percent for the First Time in More Than Three Years

The state’s unemployment rate dropped to 8.9 percent in March, down from 9.1 percent in February. This is the eighth consecutive month the rate has declined and is the first time in more than three years that the rate has been below 9.0 percent.

Employment continues to rise to a level not seen since the end of 2008. Employment for March was 1,964,617, and the number of unemployed persons declined 4,345 to 193,024. The total labor force for March was estimated at 2,157,641. Nationally, the unemployment rate fell slightly from 8.3 percent in February to 8.2 percent in March.

When compared to March 2011, employment has improved (+32,871), while the level of the unemployed in the state has declined (-30,950).

South Carolina’s non-farm employment saw an increase of 17,100 jobs over the month with notable gains in most major sectors. The arrival of spring brought an uptick in Leisure and Hospitality (+8,400), which was concentrated in the Food Services and Drinking subsector. Trade, Transportation and Utilities was up by 3,800, mostly in the Retail Trade subsector. Increases in Professional and Business Services (+2,600), Government (+1,400, mostly in Local Government), Manufacturing (+600), and Construction (+200) were responsible for the gains. Education and Health Services declined by 900 with most of the downward movement in Health Care and Social Assistance.

The Conference Board Help Wanted OnLine® data series reported that the number of online job ads in South Carolina increased by about 1,600 (to 52,500) from February to March. The number of jobseekers per opening fell from 3.9 to 3.7 this past month. The number of online job ads in the U.S. saw a significant increase (+246,300).

The Trident Workforce Area (Berkeley, Charleston, and Dorchester counties) had the most ads (12,935), with the Midlands Workforce Area (Fairfield, Lexington, and Richland counties) coming in next (11,154). Of all online ads, Healthcare Practitioners and Technical Occupations had the highest number in the state (10,174).

“We are pleased with the unemployment rate’s continued decline. Our state hasn’t experienced an unemployment rate less than 9 percent since 2008, and we are excited that this means unemployed South Carolinians are finding jobs.” said SC Department of Employment and Workforce Executive Director Abraham J. Turner. “There is still much work to be done in our great state, but today’s drop indicates that businesses in South Carolina along with the Department of Employment and Workforce are keenly focused on putting South Carolinians to work.”

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I look forward to speaking with these group of leaders and Mrs. Dickerson on Monday!

From District Five’s website:

The Student Council of Dutch Fork Middle School garnered several honors during the South Carolina Association of Student Council State Convention this year. The convention, which was held at Wade Hampton High School in Greenville, SC, was attended by over 500 middle and high school delegates from throughout the state.

Representing DFMS were: Jesse T. (President), Aliza M. (Historian), Carlyle P. and Veronica B. (Committee Chairpersons), and Class Representatives—-Sydney B., Isaac C., Karrington I. and Allen W. During the SCASC State Convention, student leaders attended workshops, held district meetings, and heard presentations from nationally acclaimed speakers. Jesse T. And Aliza M. presented two workshop sessions to teach successful fund-raising skills.

During the Awards Banquet, the Student Council of Dutch Fork Middle School received the following honors: • Gold Honor Council Award (sixth consecutive year) • Bronze Gavel Award (3rd Place—Council of the Year for Jr. High/Middle Schools) • Outstanding Project Award “Community Service” (“Think Pink Dance” to benefit Breast Cancer patients) • Outstanding Project Award “Recognition” (Food for the Soul” highlights our recognition/support programs for volunteers, teachers and community veterans)

Mrs. Trina Dickerson was named SCASC Middle Level Advisor of the Year. This the first year SCASC has given this award. Mrs. Dickerson has also been selected as the 2012 Warren E. Shull Region Three Middle Level Student Council Advisor of the Year by the National Association of Student Councils. She will represent South Carolina, North Carolina, Virginia Tennessee, Kentucky and the District of Columbia at the 2012 NASC National Conference in Oklahoma City, Oklahoma in June. Mrs. Dickerson is a finalist for the Warren E. Shull National Middle Level Adviser of the Year.

From District Five’s website

Finalists for District Teacher of the Year and Support Employee of the Year Named

Congratulations to Tracy Dempsey, clerical assistant at Chapin Middle; Cheryl Denton, instructional assistant at Lake Murray Elementary; and Kathy Forrester, kindergarten assistant at Ballentine Elementary for being named finalists in the 2012-13 Michael J. Mungo District Support Employee of the Year program. These ladies were selected by a pool of community judges who reviewed applications of Support Employees of the Year from each school, the district office and the transportation office.

Amy Carter, English/language arts teacher at Chapin High; Ashley Metz, kindergarten teacher at Ballentine Elementary; and Merritt Pace, special education resource teacher at Irmo Elementary were named finalists in the Mary Meech Mungo District Teacher of the Year program. They were selected as finalists based on written applications and a 10-minute video.

The district Support Employee of the Year and district Teacher of the Year will be announced on Thursday, May 24. Both the teacher of the year and the support employee of the year will receive a $1,000 bonus from The Mungo Company.

HOUSE WEEK IN REVIEW
April 20, 2012

The House of Representatives approved and sent to the Senate H.5063, which provides ENHANCED PENALTIES FOR UNEMPLOYMENT INSURANCE FRAUD. This bill revises unemployment insurance fraud provisions for both employers and for those collecting jobless benefits by imposing a new range of criminal penalties for violations. More serious felony offenses are reserved for repeat violations and fraud that involves larger dollar amounts. Offenders are also required to make full restitution to the Department of Employment and Workforce for any economic advantages or benefits fraudulently obtained. In addition to these criminal penalties, the legislation includes enhanced civil penalties for unemployment insurance fraud that makes a violator subject to a fine of up to five thousand dollars for a first offense, a five thousand to ten thousand dollar fine for a second offense, and a ten thousand to fifteen thousand dollar fine for a third or subsequent offense. Revenue from these civil penalties must be used to provide funds for the costs of enforcing and administering unemployment insurance fraud provisions and the Omnibus Insurance Fraud and Reporting Immunity Act.

The House amended, approved and sent to the Senate H.3757, a bill that expands and enhances penalties for HUMAN TRAFFICKING and implements other measures to combat the practice of trafficking in persons where victims are subjected to involuntary servitude, sex trafficking, forced labor or services, or debt bondage by means of physical restraint, extortion, control of immigration documents, drug dependency, or other forms of coercion. The legislation provides expanded and enhanced felony offenses that apply to someone who knowingly attempts or actually recruits, entices, solicits, isolates, harbors, transports, provides, or obtains a victim for human trafficking purposes. These criminal offenses also apply to those who benefit financially from human trafficking ventures. Repeat offenses carry longer terms of imprisonment with a third or subsequent offense subjecting the offender to imprisonment for up to forty five years. Additional penalties are provided if a victim is under the age of eighteen. A person who aids, abets, or conspires with another person to commit human trafficking violations is considered a trafficker under the legislation and must be punished accordingly. The legislation provides for criminal liability and loss of business licenses for business owners that use their businesses to participate in or aid in human trafficking. The legislation provides for prosecution by the State Grand Jury when a trafficking in persons offense involves more than one county. The legislation provides mandatory restitution for victims of human trafficking and includes these crime victims under the provisions of the Victims’ Bill of Rights so that they are entitled to compensation through the State Crime Victim’s Compensation Fund. Confidentiality provisions are included for such victims. Victims of human trafficking are afforded an affirmative defense in certain criminal prosecutions and are authorized to bring civil actions. The legislation establishes provisions to safeguard a trafficking shelter, or domestic violence shelter by prohibiting the presence of human traffickers at shelters and creating a criminal offense for publishing or otherwise disclosing the location of a shelter or the whereabouts of a trafficking victim. The legislation establishes an interagency task force to develop and implement a State Plan for the Prevention of Trafficking in Persons and provides for the creation of public awareness programs on human trafficking issues.

The House approved and sent to the Senate H.4945, a bill authorizing ONLINE ELECTRONIC VOTER REGISTRATION. This legislation authorizes a person who is qualified to register to vote and who has a valid South Carolina driver’s license or state identification card issued by the South Carolina Department of Motor Vehicles (DMV) to submit an application for voter registration electronically on the website of the State Election Commission. An application is effective upon receipt by the commission if it is received 30 days before an election to be held in the precinct of the person submitting the application. The applicant shall attest to the truth of the information provided and assent to the use of his signature from his driver’s license or state identification card issued by the DMV. A person who submits an application electronically must include his: driver’s license or state identification card number; date of birth; last four digits of his social security number; name and address; and any other information the commission considers necessary to establish the identity of the applicant. Upon submission of an application, the electronic voter registration system must provide immediate verification of the data with information on file with the DMV. Should there be a failure to match any of the required information with the DMV, the commission shall immediately notify the applicant of the failure and inform the applicant that his application for registration was not accepted. The legislation further provides that the commission shall establish and maintain a voter registration database that shall be made continuously available to each board of elections and to other agencies. State agencies shall provide any information and data to the commission that it considers necessary in order to maintain the database, except where prohibited by federal law or regulation. The commission shall ensure the confidentiality of database information. The name or address of a registered elector shall only be updated upon the elector’s filing of a notice of change of name and/or address. A county board of registration shall contact a registered elector by mail at the address on file to verify the accuracy of the database information when there is a discrepancy with information on the elector maintained by a state agency. The commission may enter into agreements to share the information or data with other states or groups of states.

The House approved and sent to the Senate H.4200, a bill creating the SOUTH CAROLINA FRESH ON THE CAMPUS PROGRAM within the South Carolina Department of Agriculture for the purpose of fostering direct relationships among South Carolina farms, schools, and other institutions that facilitate student consumption of fresh and minimally processed foods. The program must: identify and promote local farms to school programs and advise agencies on needed statewide actions; establish a partnership with public and nonprofit resources to implement a public engagement campaign and establish a structure to facilitate communication among schools, school districts, similar institutions, farmers, and produce distributors; encourage school districts to develop and implement school nutrition plans which purchase and use locally grown farm fresh products; conduct workshops, training sessions, and provide technical assistance for school food service directors, farmers, produce distributors, and others regarding the availability of South Carolina farm products and the benefits of purchasing and consuming this state’s fresh food products; regularly consult with the staff of the Department of Agriculture, the Department of Health and Environmental Control, the State Department of Education, and Clemson University about program implementation; and seek appropriate grants and private funding. A program website must be established by the Department of Agriculture and the State Department of Education must maintain a direct link to it.

The House concurred in Senate amendments to S.710 and enrolled the bill for ratification. The legislation provides that, upon an individual’s request, proof of eligibility and payment of a one dollar fee, the Department of Motor Vehicles is authorized to include a VETERAN STATUS DESIGNATION ON THE FRONT OF A DRIVER’S LICENSE or special identification card. The legislation authorizes the department to include a HEARING IMPAIRED NOTATION ON A DRIVER’S LICENSE upon request and submission of medical documentation that the applicant has a permanent, uncorrectable hearing loss of forty decibels or more in one or both ears. The legislation also provides for the issuance of hearing impaired driver placards. A fee not to exceed five dollars may be charged to each applicant issued a placard.

The House approved S.872, regarding the RETIREMENT OF SOUTH CAROLINA NATIONAL GUARD OFFICERS AND ENLISTED MEN, and enrolled the bill for ratification. The legislation extends the retirement honorary promotion provisions to honorably discharged service members who are removed from the National Guard due to medical conditions.

The House concurred in Senate amendments to H.4595 and enrolled the bill for ratification. The legislation revises a 2011 2012 General Appropriations Act proviso that directs the Department of Education to transfer certain funds to meet federal MAINTENANCE OF EFFORT REQUIREMENTS FOR THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA). The legislation also addresses RETIRED TEACHER SALARIES by providing that school districts uniformly may negotiate salaries below the school district salary schedule for the 2012 2013 school year for retired teachers.

The House concurred in Senate amendments to H.4664, relating to the GOVERNANCE OF THE SOUTH CAROLINA RURAL INFRASTRUCTURE AUTHORITY, and enrolled the bill for ratification. The legislation revises the membership of the board of directors of the South Carolina Rural Infrastructure Authority by providing that the members appointed by the Speaker of the House of Representatives and the Chairman of the House Ways and Means Committee may be members of the General Assembly. Such members must reside in or represent all or some portion of the counties designated as distressed or least developed, and if appointed, must serve on the board in an ex officio capacity. The legislation also provides that the authority, by a majority vote of the board of directors, may hire a director so long as at least one of the gubernatorial appointees and at least three of the legislative appointees vote in favor of the hiring.

The House approved and sent to the Senate H.4705, a bill REQUIRING HOSPITALS TO PROVIDE EDUCATIONAL INFORMATION ON PERTUSSIS DISEASE TO PARENTS OF NEWBORNS. Responding to the recent comeback of pertussis, the highly contagious bacterial disease that causes uncontrollable, violent coughing, also known as whooping cough, the legislation requires a hospital to provide parents of newborns information on pertussis and the availability of a protective vaccine, including the Center for Disease Control’s recommendation that parents receive the tetanus, diphtheria, and pertussis vaccine during the post partum period to protect their newborns from the transmission of pertussis. Hospitals are not required to provide or pay for a vaccination against pertussis.

The House amended, approved, and sent to the Senate H.4717, legislation allowing for the EXPEDITED PLACEMENT OF A CHILD WITH GRANDPARENTS AND CERTAIN OTHER RELATIVES WHEN A CHILD REMAINS IN THE LEGAL CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES. If the family court makes a finding that continuing the child in the home would be contrary to the welfare of the child and a child remains in the legal custody of the Department of Social Services following the probable cause hearing in a child abuse or neglect case, this legislation provides that the family court may order expedited placement with a relative of the first or second degree, which includes a grandparent. The legislation further provides that the court shall consider the totality of the circumstances and certain characteristics of the relative and how these would impact the child. If the court places a child with a relative of the first or second degree, the relative must be named as a party for the duration of the case or upon further order by the court.

The House amended, approved, and sent to the Senate H.4738, a bill relating to the COURT’S CONSIDERATION OF THE RETIREMENT OF SUPPORTING SPOUSE WHEN DETERMINING ALIMONY. The legislation includes among the factors that the court must consider in making an award of alimony or separate maintenance and support the likelihood of retirement, whether that retirement would be voluntary or mandatory, and whether the retirement would result in a decrease in the supporting spouse’s income. The legislation provides that retirement by the supporting spouse is sufficient grounds to warrant a hearing, if so moved by a party, to evaluate whether there has been a change of circumstances for alimony. In its evaluation of alimony, the court shall consider such factors as: whether the retirement was contemplated when the alimony was awarded; the age of the supporting spouse; the health of the supporting spouse; whether the retirement was mandatory or voluntary; whether retirement would result in a decrease in the supporting spouse’s income.

The House approved and sent to the Senate H.4043, a bill that provides for the DISQUALIFICATION FROM UNEMPLOYMENT COMPENSATION FOR FAILING TO PASS A PROSPECTIVE EMPLOYER’S DRUG SCREENING.

The House approved and sent to the Senate H.4092, which relates to SMOKING PROHIBITIONS AND PUBLIC INSTITUTIONS OF HIGHER LEARNING. This legislation amends the state’s Clean Indoor Air Act to provide that smoking is prohibited in buildings, or portions of buildings, and the outside areas immediately contiguous to these buildings owned, leased, operated, or maintained by a public institution of higher learning that the governing board of the institution has designated as nonsmoking.

The House amended and gave second reading approval to H.5025, a bill revising the membership and election of the SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES.

The House gave second reading approval to H.4054, a bill providing that it is UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON LAKE KEOWEE WITHIN TWO HUNDRED YARDS OF A DWELLING.

The House amended and rejected H.4269. This bill revises provisions relating to additional CHARGES ASSOCIATED WITH CONSUMER LOANS, so as to include a five dollar charge for the cost incurred by a licensee for processing automated clearing house payments and for processing payments that consumers make through credit or debit cards.

Karen and I have never gotten away with the kids on “Spring Break”; but after a busy first few months of 2012, we’ve decided THIS is the year!

You may have noticed there haven’t been many posts this year on Nathan’s News. The posts that have been written are mainly the generic information from legislative staff. I apologize for not writing much of my own this year and I hope to be able to do more in the coming months.

Between a busy legislative session, Wells Fargo keeping me busy, the kids sports and Karen’s meetings, I need to get away and recharge the batteries!

Gonna take the next several days off from politics and work and just spend time with the family. Hope everyone on break (Lexington/Richland School District Five) has a good one and that everyone also has a wonderful Easter next week!

HOUSE WEEK IN REVIEW
March 30, 2012

The House of Representatives amended, approved, and sent to the Senate H.4894, a bill providing TAX DEDUCTIONS AND TAX CREDITS FOR K-12 SCHOOL CHOICE INITIATIVES. The legislation authorizes a yearly income tax deduction for parents or legal guardians who teach their children or wards at home in an amount of up to two thousand dollars per home school student for instruction related expenditures. The legislation authorizes a yearly income tax deduction for parents or legal guardians of up to one thousand dollars paid on behalf of their child or ward to attend a public school outside the student’s resident school district. The legislation authorizes a yearly income tax deduction for parents or legal guardians of up to four thousand dollars for tuition they pay for a child or ward to attend a private school within this state.

H.4894 also provides tax credits for contributions made to a nonprofit scholarship funding organization that awards scholarship grants towards tuition at private schools to expand K-12 educational opportunities for children of families that have limited financial resources or exceptional needs. Grants may be awarded by the nonprofit scholarship funding organization in an amount not exceeding five thousand dollars per year or seventy five percent of the cost of tuition, whichever is less, for children who are eligible for the federal free or reduced school lunch program or whose families meet the requirements for federal Medicaid benefits to attend a private school in this state. Additionally, grants may be awarded by a scholarship funding organization in an amount not exceeding ten thousand dollars or seventy five percent of the cost of tuition, whichever is less, for students with significant cognitive, mental, physical, or emotional disabilities to attend a private school in this state. Maximum limits are placed upon yearly totals of scholarship contribution tax credits. The tax credit allowed for contributions to nonprofit scholarship funding organizations may be used against income taxes, insurance premium taxes, or bank license fees so long as the tax credit does not offset more than sixty percent of the taxpayer’s liability for a particular year. In order to participate in the scholarship grant program, an independent school in the state, including those religious in nature, must meet eligibility criteria, such as: complying with the state’s compulsory attendance requirements; not discriminating on the basis of race, color, or national origin; being a member in good standing of the Southern Association of Colleges and Schools, the South Carolina Association of Christian Schools or the South Carolina Independent Schools Association; and, having an educational curriculum that includes courses set forth in the state’s diploma requirements and where the students attending are administered national achievement and/or state standardized tests at progressive grade levels to determine student progress. The Education Oversight Committee is charged with determining independent school eligibility. Each year the EOC must post on its website a list with addresses and telephone numbers of nonprofit scholarship funding organizations in good standing which provide grants, and a list of approved independent schools which it has determined to be in compliance that accept grants for eligible students. Each year the EOC must also publish on its website student test scores, by category, on national achievement and/or state standardized tests for all grades tested administered by an eligible independent school receiving or entitled to receive scholarship grants. The legislation also provides that the state’s public schools may offer the same tests as those the independent schools use for scholarship grant program eligibility purposes.

H.4894 requires the Education Oversight Committee to make a periodic report to the Governor and the General Assembly on the effectiveness these provisions. Current Members of the General Assembly are not eligible to take these tax deductions.

The House amended and gave second reading approval to H.4043, a bill that provides for the DISQUALIFICATION FROM UNEMPLOYMENT COMPENSATION FOR FAILING TO PASS A PROSPECTIVE EMPLOYER’S DRUG SCREENING. The legislation expands the criteria under which an individual is disqualified from receiving unemployment benefits for failure to seek work so that they include situations where an individual tests positive for illicit drugs in a screening required by a prospective employer as a condition of employment, refuses to take the drug test, or provides an adulterated specimen. The legislation disallows the use of blood, hair, or urine specimens collected for these screenings to be used to detect something other than illicit drug use, such as pregnancy or disease, by providing that it is unlawful for any biologic material obtained to be used for any other purpose than the specific testing required by these provisions. Misuse of this biologic material is a misdemeanor punished by a fine of ten thousand dollars for a first offense and fifty thousand dollars for a second or subsequent offense. An employer complying with legal requirements is not liable for any acts or omissions arising out of disclosure of test results to the Department of Employment and Workforce. Additionally, the legislation removes the word “criminal” from two of the provisions for disallowing jobless benefits for workers fired for cause, thereby lowering the burden of proof from a criminal burden to preponderance of the evidence burden. Also, the legislation revises provisions for disallowing jobless benefits for workers fired for insubordination so that the employee insubordination need not be limited to behavior specifically described in a written job description.

The House adopted the conference committee report on H.3241, a bill that revises the governance and operation of the state’s CHARTER SCHOOLS, which are public schools organized in a manner that frees them from many state regulations to pursue innovative educational missions. Notably, the legislation:

• Authorizes the formation of single gender charter schools.

• Provides that charter school students are eligible to compete for and, if selected, participate in extracurricular activities not offered by the charter school at their resident public school. However, charter school students are eligible to compete for participation in activities governed by the South Carolina High School League at their resident public school if the charter school they attend is not a member of the High School League. A charter school is eligible for federally sponsored, state sponsored or district sponsored interscholastic leagues, competitions, awards, scholarships, grants, and recognition programs for students, educators, administrators, staff, and schools to the same extent as all other public schools.

• Affords the state’s public and independent institutions of higher learning the option of sponsoring a charter school.

• Establishes in the State Treasurer’s Office a Charter School Facility Revolving Loan Program for the construction, purchase, renovation, and maintenance of public charter school facilities.

• Revises membership requirements for the boards of directors that govern charter schools. The legislation establishes two-year terms for electing board members and provides that half of a board’s membership must be made up of individuals with K-12 education or business backgrounds, and at least half of the members must be elected by the employees and parents/guardians of students enrolled in the charter school, with parents/guardians having one vote for each child enrolled. Boards must have at least seven members all of whom must be South Carolina residents.

• Establishes new voting requirements that apply when there is a proposal to convert a traditional public school into a charter school and outstanding general obligation bond debt has been approved to construct or improve the facility within the previous ten years.

• Affords a converted charter school the right to occupy the facility and use the equipment, for the duration of its contract with a sponsor, in the same manner as before the school converted with no additional fees or charges.

• Provides that students who reside within the former attendance area of a traditional public school that is converted into a charter school must be given enrollment priority at the charter school.

• Allows a charter school to give enrollment priority to a sibling of a pupil who, within the last six years, attended the school for at least one academic year.

• Prohibits school districts from taking unlawful reprisals, such as pay reduction, dismissal, demotion, or suspension, against employees because of their involvement with an application to establish a charter school.

• Provides that the South Carolina Public Charter School District or public or independent institution of higher learning sponsor shall receive and distribute state funds to the charter school as provided by the General Assembly. The legislation includes other requirements for the timely distribution of funds to charter schools.

• Requires a county’s local legislative delegation to be notified of charter school applications.

• Reduces from eleven to nine the membership of the board of trustees that governs the South Carolina Public Charter School District by eliminating two of the Governor’s appointments.

• Establishes a mechanism that allows a local school district to create a school of choice that operates under exemptions from various state laws and regulations similar to the exemptions enjoyed by charter schools. Exemptions do not apply to: federal and state prohibitions on unlawful discrimination; pertinent health, safety, civil rights, and disability rights requirements; minimum student attendance requirements; state assessment requirements; and teacher certification requirements in the core academic areas, however, up to twenty five percent of the teaching staff of the school may be employed if the individual possesses a baccalaureate or graduate degree in the subject he is hired to teach.

The House approved S.833, which authorizes DISCOUNTED TUITION RATES ON HIGHER EDUCATION DISTANCE LEARNING COURSES FOR ACTIVE DUTY MILITARY PERSONNEL, and enrolled the bill for ratification. This legislation provides that active duty military personnel may be charged less than the undergraduate tuition rate for South Carolina residents for courses that are presented on a distance basis, regardless of residency. Active duty guardsmen and active duty reservists are included among the active duty military personnel eligible to receive special tuition rates.

The House approved S.1227, legislation PROHIBITING CAMPING ON THE STATE HOUSE GROUNDS, and enrolled the bill for ratification. This legislation prohibits a person or group from using the State House grounds or the buildings located on the grounds for camping, sleeping, or conducting various campsite activities such erecting tents, building fires for cooking, and engaging in unauthorized digging. This prohibition applies regardless of the participant’s intent or the nature of other activities in which the participant may be engaged.

The House amended, approved, and sent to the Senate H.3665, a bill revising FIREARMS PROVISIONS. The legislation replaces the current prohibition on carrying a pistol or firearm into a business which sells alcoholic liquor, beer, or wine for on-premises consumption with new provisions that afford concealed weapons permit holders some legal authority to carry their firearms into bars, restaurants, and other establishments that serve beer, wine, or alcoholic liquor. The legislation provides that it is unlawful to: (1) carry a firearm into a business which sells alcoholic liquor, beer, or wine for on-premises consumption and refuse to leave or remove the firearm when requested to do so by the business; (2) consume alcohol while carrying a firearm in any such business; or (3) carry a firearm into any such business in violation of the establishment’s posted policy of not allowing concealable weapons on the premises. The legislation also reduces penalties for a violation by lowering the term of imprisonment for this misdemeanor offense from three years to two years and eliminating the automatic revocation of violator’s concealed weapon permit. Violators are also subject to pertinent penalties for certain trespassing provisions as well as pertinent penalties for violating posted policies disallowing concealable weapons. Additionally, the legislation repeals a statute commonly referred to as a handgun or pistol “melting point law” which designates as contraband a pistol or other handgun which has a die cast, metal alloy frame or receiver which melts at a temperature of less than eight hundred degrees Fahrenheit.

The House approved and sent to the Senate H.4915, a bill REPEALING THE STATUTORY PROHIBITION AGAINST THE TESTIMONY OF A DEFENDANT BEING USED AGAINST HIM IN ANOTHER CRIMINAL CASE.

The House amended, approved, and sent to the Senate H.4919 a bill establishing CONDITIONS UNDER WHICH THE STATE MAY SEEK A MANDATORY SENTENCE OF LIFE IMPRISONMENT FOR MURDER. The legislation authorizes the State to seek a mandatory sentence of life imprisonment in instances when the defendant is convicted of murdering a child eleven years of age or younger, convicted of committing a pattern of multiple murders, or convicted of murder and also found guilty of one or more of the following accompanying crimes: criminal sexual conduct in any degree, kidnapping; burglary in any degree, or robbery while armed with a deadly weapon. These sentencing provisions do not apply if the defendant is less than seventeen years of age. The State shall give written notice to the defendant ten days prior to trial of its intention to seek a mandatory sentence of life imprisonment under these provisions.

The House amended, approved, and sent to the Senate H.4761, a bill revising FARM TRUCK AND COMMERCIAL MOTOR VEHICLE PROVISIONS. The legislation revises definitions and other provisions so that farm trucks and certain smaller, lighter vehicles and trailers will not be subject to the more stringent requirements that new Federal Motor Carrier Safety Regulations impose upon commercial trucks. The legislation specifies that the Transport Police Division of the Department of Public Safety has exclusive authority in this State for enforcement of the commercial motor vehicle carrier laws, which include Federal Motor Carrier Safety Regulations, Hazardous Material Regulations, and size and weight laws and regulations.

The House amended, approved, and sent to the Senate H.4641, a bill relating to IN-STATE TUITION RATE ELIGIBILITY FOR VETERANS AND THEIR DEPENDENTS. This legislation provides that a veteran who has been honorably discharged, and their dependents, who are not otherwise eligible for in-state tuition rates, are entitled to receive in-state tuition rates at state institutions provided that within two years of the date of discharge, they enroll at a state institution and have evidenced an intent to establish domicile in South Carolina. These individuals are eligible for in-state tuition rates as long as they remain continuously enrolled at a state institution or transfer to an eligible institution during the term or semester, excluding summer terms, immediately following their enrollment at the previous institution, subject to certain provisions concerning such transfers.

The House amended, approved, and sent to the Senate H.4572, relating to SURETY FOR BAIL BONDS. Current law provides a procedure through which a surety may be relieved of liability for a bail bond upon filing of an affidavit stating certain information when the defendant is incarcerated by the surety or a law enforcement agency as a result of a bench warrant. This legislation provides that once the affidavit has been filed, the surety is relived of all liability on the bail bond by the court unless otherwise directed by the circuit court.

The House approved and sent to the Senate H.4494, relating to OUT-OF-STATE PURCHASES OF RIFLES OR SHOTGUNS. This legislation revises provisions authorizing purchases of rifles or shotguns in contiguous states under certain conditions by expanding the provisions so that they apply not only to contiguous states, but all other states.

The House amended, approved, and sent to the Senate H.4939, relating to RETAIL DEALERS UNDER THE ALCOHOLIC BEVERAGE CONTROL ACT. This bill revises provisions relating to discounts on alcoholic liquors or nonalcoholic items, so as to allow a retail dealer to offer discounts at the register through the use of premiums, coupons, or stamps, so long as the cost related to the discount is the sole responsibility of the retail dealer. This legislation also provides that a retail dealer may not sell barter, exchange, give, or offer for sale, barter, or permit the sale, barter, exchange or gift of alcoholic liquors without regard to the size of the container to another dealer, except as provided in Section 61-6-950 or between locations owned by the same retail dealer. This legislation further provides that certain violations of restrictions on retail dealers must result in a mandatory suspension of license or permit for a period of at least 30 days.

The House approved and sent to the Senate H.4904, a joint resolution authorizing TEMPORARY COST SAVING PROVISIONS FOR K-12 EDUCATION. The legislation provides that the State Department of Education is not required to provide printed copies of 2012 district and school report cards, providing instead that free printed copies of report cards are to be made available to parents upon request. Districts or schools are to notify parents about the report cards through e-mail links, newsletters, or other regular communication channels. The savings generated from waiving the report card printing requirements are to be distributed to school districts based on weighted pupil units. The legislation suspends the requirement of informing the community of the school’s and district’s 2012 report card results through a paid advertisement, and instead requires results to be provided to the editor of a newspaper of general circulation in the school’s or district’s area. The legislation authorizes high schools to offer state funded WorkKeys to tenth grade students using funds appropriated for the assessment of PSAT or PLAN in the 2012 2013 general appropriations act, or for these purposes in prior years. The legislation provides for fiscal year 2012 2013 a one year grace period for certain recipients of a South Carolina Teacher Loan.

The House approved and sent to the Senate H.4905, a joint resolution establishing DEADLINES FOR SCHOOL DISTRICTS TO NOTIFY TEACHERS OF EMPLOYMENT DECISIONS for the 2012 2013 school year.

The House amended, approved, and sent to the Senate H.4786, a bill relating to SUBSTITUTE TEACHERS EMPLOYED BY TEMPORARY STAFFING AGENCIES. The legislation revises provisions governing the payment of unemployment benefits so that they apply to substitute teachers employed by private temporary employment agencies that have contractual relationships with school districts in the same way that they apply to substitute teachers who are directly employed by school districts.

The House amended and gave second reading approval to H.4092, which relates to SMOKING PROHIBITIONS AND PUBLIC INSTITUTIONS OF HIGHER LEARNING. This legislation amends the Clean Indoor Air Act. Under this legislation smoking is prohibited in buildings, or portions of buildings, and the outside areas immediately contiguous to these buildings owned, leased, operated, or maintained by a public institution of higher learning that the governing board of the institution has designated as nonsmoking.

The House amended, approved, and sent to the Senate H.4739, a bill revising LIFEGUARD REQUIREMENTS FOR PUBLIC SWIMMING POOLS. The legislation replaces current requirements for lifeguards at state and local government pools that strictly tie lifeguard staffing requirements to pool size with new requirements that allow for more flexibility in that they also take into account the number of patrons using the pool.

The House amended, approved, and sent to the Senate H.4888, legislation which makes REVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES. This legislation makes a variety of technical changes pertaining to the Department of Motor Vehicles. Among other things, this legislation updates numerous statutes to reflect that the Department of Motor Vehicles is no longer under the Department of Public Safety; and it repeals Title 56, Article 60, Chapter 3 relating to Shriners License Plates as there is another Shriners License Plate provided for in a different section.

The House approved and sent to the Senate H.4703, a concurrent resolution affirming the AUTHORITY OF THE STATE OF SOUTH CAROLINA IN DETERMINING APPROPRIATE ACTIVITIES AND USES OF RESOURCES IN STATE CONTROLLED WATERS, regardless of any Coastal and Marine Spatial Plans created pursuant to the National Oceans Policy, and recognizing the critical role states and all ocean user groups must play in the creation of any Coastal and Marine Spatial Plans pursuant to the National Oceans Policy in federally controlled waters.

The House approved and sent to the Senate H.4654, a bill relating to the APPLICATION OF THE POLLUTION CONTROL ACT which regulates the discharge of sewage, industrial waste, and other pollutants through permitting programs at the Department of Health and Environmental Control.

The House approved S.1301, a bill relating to the EXPANSION OF THE ELECTED GOVERNING BODY OF CERTAIN PUBLIC SERVICE DISTRICTS. This bill establishes the manner and procedures by which an elected governing body of a public service district located wholly in one county which provides water, sewer, or fire service within its service area may be enlarged by additional members in order to ensure a representative governing body above a size of three.