(Published by the Office of Research of the House of Representatives)

February 22,2013

The House of Representatives amended, approved, and sent the Senate H.3360 , a bill establishing a revised procedure for TRANSFERRING ROADS TO AND FROM THE STATE HIGHWAY SYSTEM that facilitates such transfers in cases where the state is in agreement with local authorities or other parties by removing such restrictions as the current requirement that roads transferred out of the state highway system must involve a swap of mileage into the system. Under the legislation’s revised procedures, a county or municipality and the state Department of Transportation may, by mutual consent, agree to a transfer from the local road system to the state highway system of a road, either ‘as is’, without further improvements, or with mutually agreed upon terms and conditions. If DOT determines that a road in the county or municipal road system is necessary for the interconnectivity of the state highway system, and the county or municipality does not consent to the transfer, DOT may initiate a condemnation action to acquire the road, or a portion of it, and the local government is not required to make any further improvements to it. The legislation authorizes DOT to transfer from the state highway secondary system any road determined to be of low traffic importance to a county or municipality, a school, a governmental agency, a nongovernmental entity, or a person, with mutual consent. The legislation establishes special conditions that must be met to assure that all parties are in agreement in all instances where a road is to be transferred to a private individual or other nongovernmental entity. Notification of a road transfer must be given to the county’s legislative delegation.

The House amended, approved, and sent the Senate H.3184 , a bill revising eligibility criteria for the EXPUNGEMENT OF CRIMINAL RECORDS. The legislation provides that a person may be eligible for expungement of a first offense crime which carries a maximum fine of $1,000, rather than $500 as current law provides, including a conviction in magistrates or general sessions court. The legislation also includes instances where a person has been issued a courtesy summons within the provisions that require the destruction of arrest and booking records, files, mug shots, and fingerprints and disallow law enforcement from retaining pertinent evidence when proceedings against the person are dismissed, or the person is found not guilty of the charge.

The House amended, approved, and sent the Senate H.3459 , a bill providing for INSPECTORS AT THE SOUTH CAROLINA BOARD OF ACCOUNTANCY. The legislation provides authorization for two new full-time certified public accountant staff positions for the Board of Accountancy at the Department of Labor, Licensing and Regulation, one an administrator, the other an inspector-investigator, so that the board will have the capability of conducting periodic inspections of licensees and firms rather than simply performing audits in response to complaints.

The House amended, approved, and sent the Senate H.3423 , a bill establishing CONTINUING EDUCATION REQUIREMENTS FOR THOSE LICENSED BY THE MANUFACTURED HOUSING BOARD. The legislation establishes requirements for six hours of continuing education every two years for licensed manufactured home retail dealers, retail salesmen, installers, contractors, and repairers as a prerequisite for license renewal.

The House approved S.91 , relating to DEER BAITING in the hunting and taking of antlered deer, and enrolled the bill for ratification. By making it lawful to bait for deer in the Upstate’s Game Zones 1 and 2, the legislation authorizes deer baiting statewide.

The House approved S.165 , legislation EXTENDING THE HUNTING SEASON FOR ALLIGATORS ON PRIVATE LAND, and enrolled the bill for ratification. The legislation extends the season so that it will run from September through May, rather than its current duration of September through mid-October .

The House amended, approved, and sent the Senate H.3047 , a bill regarding GIGGING FOR FLOUNDER. The bill provides that it is unlawful for a person to gig for flounder in salt waters during the daylight hours. The prohibition does not apply to spear fishing. A violator is subject to a fine of up to one hundred dollars or imprisonment for not more than thirty days.

The House approved S.244 and enrolled the bill for ratification. The legislation revises the status of the BELLE W. BARUCH FOUNDATION in Georgetown County so that it will no longer be subject to bird and game refuge restrictions.