Under the Dome 2014 – February 21

Law Offices of

Riley Pope & Laney, LLC

UNDER THE DOME

UPDATE 06-14

State Budget

The full House Ways and Means Committee completed its work on the FY 2014-15 state budget this week, and the appropriations bill moves to the House floor for debate the week of March 11 th . Overall, the state appropriation base for the new fiscal year is $6.375 billion dollars plus an additional $265M in new recurring revenue. Click here to review combined allocation spreadsheet.

Healthcare

Healthcare Budget Subcommittee Chairman Murrell Smith (R – Sumter) explained to the full Committee that the Subcommittee recommended refusal a $7.2M request from the Department of Social Services (“DSS”) for child support enforcement technology due to contentious ongoing implementation issues. The Department of

Mental Health (“DMH”) was allocated $186.9M, which is more than recommended by Governor Haley. Other allocations include:

Proviso 33.26, a revised Healthy Outcomes Program (known as HOP), which includes language allowing the Department of Health and Human Services to pilot “health interventions targeting diabetes, smoking cessation, weight management, heart disease and other health conditions. HOP also expands the use of

Telemedicne and allocates $10M, up from $4M in the current budget, to the MUSC Hospital Authority for telemedicine. A complete copy of the HOP Proviso is attached to this email.

$1.5M nonrecurring funds through DHEC to the Best Chance Network and Colon Cancer Network for cancer screenings;

$10.5M recurring dollars to DMH for electronic medical records;

$600,000 under MUSC for mobile cancer screenings. MUSC shall collaborate with the Clemson Sullivan

Health Center’s mobile unit to provide services;

$1.150M nonrecurring funds to Autism Services under the Department of Disabilities and Special Needs; and

As noted above - $0 for the Child Support Enforcement System under DSS.

February 21, 2014

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K-12 Public Education

Public Education and Special Schools Budget Subcommittee Chairman Kenny Bingham (R – Lexington) noted the Subcommittee used Governor Haley’s recommendations as a starting base but adjusted the numbers due to “flawed budgeting.” Allocations include:

$7M nonrecurring funds under the Department of Education (“DOE”) for Digital Instructional Materials;

$4M nonrecurring funds to Teacher Training for Technology under DOE;

$24.5M from Lottery funding for K-5 Reading, Math, Science and Social Studies programs; and

$29.2M from Lottery funding for the K-12 Technology Initiative.

Economic Development

Economic Development and Natural Resources Budget Subcommittee Chairman Gary Simrill (R - York) said the

Department of Revenue (“DOR”) was the largest expenditure due to continuing security / identity theft issues stemming from the 2012 DOR security breach. Allocations include:

$8.7M under the Budget and Control Board to implement Statewide IT Security recommendations; and

$6.5M under the Department of Revenue to continue Identity and Credit Protection services.

Legislative, Executive and Local Government

Regarding the state’s electronic voting machines, Subcommittee Chairman Jim Merrill (R - Berkeley) noted they have not been majorly updated since installation years ago, and $5M was allocated for this purpose.

Representative Merrill recommended that the General Assembly set aside money to deal with this issue in the future as well. Under the Ways and Means adopted budget, state employees would receive a 1.5% pay raise, and Merrill explained the Subcommittee struggled with how fund raises due to the limited amount of money available for benefit packages and salaries, and the state cannot accommodate both at this time.

Deliberations resulted in the state paying for the annual increase in health insurance premiums and a 1.5% pay raise.

February 21, 2014

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Senate Budget Subcommittees Begin Work

This week, Senate Budget Subcommittees heard presentations from the following state agencies:

State Attorney General

Secretary of State

Comptroller General

-

-

-

Department of Corrections

Department of Public Safety

State Law Enforcement Division (SLED)

Ethics Commission Administrative Law Court

The new Senate Finance Budget Subcommittee assignments and the Senate Budget Schedule for this session can be viewed by clicking on the links.

Ethics Reform

The Senate set a course of action on H.3945

Thursday afternoon with 61 amendments on the desk. President

Pro Tempore John Courson (R – Richland) asked for a recess, and when the Senate returned, an explanation on where they were with the bill was given by Senate Judiciary Chairman Larry Martin (R – Pickens). Chairman

Martin said H.3945 was blocking the Senate from moving on to other business and that a resolution had to be reached. Comments and questions from Senators included the balance of power, notes that constituents do not care about this issue and other areas of concern. The Senate receded for three hours before Senate

Banking and Insurance Committee Chairman Wes Hayes (R – Rock Hill) took the podium to explain compromise amendment 62’s four key factors.

Chairman Hayes said the first provision abolishes Leadership Political Action Committees (PACs) because they are “clearly a way to get around ethics.” The second provision, and the main sticking point of the bill, deals with the disclosure of income and the third with independent expenditures. These two provisions remain the same as the House version. The fourth provision provides independent investigation of House and Senate ethics issues. While there is no consensus on how to structure this, Chairman Hayes said the Senate would have to take that issue up another day. The final motion of the day was to adopt the amendment and allow the desk to make technical revisions while carrying over all other amendments (61 still to be debated) to third reading. H.3945 received second reading by a vote of 37-3.

S.145

Insurance Trade Practices

Bill Updates

S.145 remains in Senate Banking and Insurance Subcommittee awaiting a third hearing.

February 21, 2014

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S.290

S.308

S.334

S.568

S.618

S.828

H.3101

Telemedicine / Insurance

Reimbursement for Services

Concealed Weapons in Bars

*Signed into law on February

11 th

Cyber Security Breach – Identity

Theft Protection Plan

Certificate of Need –

Recommendations by the DHEC

CON Review Panel

Prohibit Employer Contributions to the State Health Plan from being used to pay for Abortions

Convention Center Bond Issue

*Carried over on the Senate

Calendar

S.290 resides in the House Labor, Commerce and Industry Health Insurance

Subcommittee awaiting a second hearing.

Signed into law by Governor Haley on February 11th.

S.334 resides in the House Ways and Means Committee awaiting a subcommittee hearing.

S.568 continues to reside on the Senate contested calendar with Senator Kent

Williams’ (D – Marion) name listed in opposition to the bill.

S.618 continues to reside on the Senate contested calendar with Senator Larry

Grooms’ (R – Berkeley) name listed in opposition to the bill.

S.864

/

H.4347

S.912

Codification of the SC Children’s

Advocacy Medical Response

System

*Favorable report by respective

Judiciary Subcommittees

Hospitality Tax – Can be Used for Roads

*Favorable report by Senate

Finance Committee

The Senate this week carried over second reading consideration of S.828 each day during session. The bill will again be up for second reading consideration next Tuesday.

The Senate Judiciary Subcommittee on S.864 gave the bill a favorable report

Thursday morning. Also on Thursday, the House Judiciary Constitutional Laws

Subcommittee gave H.4347 a favorable report as amended. The amendment made a deleted an unneeded clause to bring H.4347 to mirror the language of

S.864. S.864 will be considered by the full Senate Judiciary Committee next

Tuesday, February 25 th at 3:00 p.m., and H.4347 will be considered by the full

House Judiciary Committee the same day an hour and a half after the House adjourns.

These companion bills would move the SC Children’s Advocacy Medical

Response System into permanent law instead of a yearly budget proviso.

Received a favorable report by the full Senate Finance Committee on Tuesday and will be up for second reading in the Senate next week. In the meeting,

Senator Harvey Peeler (R – Gaffney) explained that hospitality tax revenue is mostly allocated to tourism and cultural activities, and this bill would give local governments the flexibility to use a portion for roads and improvements to infrastructure.

H.3024 has passed the House and was given a favorable report by a Senate

Judiciary Subcommittee Thursday morning. The bill is on the full Judiciary

Committee agenda for next Tuesday, February 25 th at 3:00 p.m.

H.3024

Mandated Reporting of Child

Abuse

*Favorable report by Senate

Judiciary Subcommittee

Nullification of the Affordable

Care Act / Fines

H.3101 resides on the Senate calendar in Special Order status to be debated after the Ethics Reform bill – H.3945

.

On Thursday, the Senate Judiciary Subcommittee on S.416 and S.459 amended H.3121

Texting While Driving

February 21, 2014

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H.3858

H.4386

S.416

S.459

H.3145

H.3161

H.3163

H.3372

H.3412

H.3444

H.3567

H.3265

H.3102

February 21, 2014

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*S.416 and S.459 favorable report as amended

Expedited Ejectment for

Tenants for Specific Reasons

Pharmacies / Compounding

Revisions to the Freedom of

Information Act (FOIA)

Handicapped Placards and gave a favorable report to both bills. They are on the full Judiciary

Committee agenda set for next Tuesday, February 25 th at 3:00 p.m.

Regarding S.416 (texting), Subcommittee Chairman Shane Massey (R –

Edgefield) said the Subcommittee wants to focus on all drivers but keep this as narrow and focused as possible. The amendment exempts parked or stopped vehicles, hands-free devices and GPS use among others. Penalties include driver’s education training for a first offense and a fine of up to $500 and 30 days in jail for a second offense.

Regarding S.459 (mobile telephone while operating a vehicle), Chairman

Massey offered an amendment to restrict those with beginner’s permits from using mobile telephones at any time unless it is an emergency situation. The school zone provision was deleted, and $25 of the fine will be allocated to the

Hospital Trauma Fund which brings a first offense fine to $125, and a second offense fine to $525.

H.4386 will be considered by the House Education and Public Works

Transportation Subcommittee next Wednesday, February 26 th at 9:00 a.m.

H. 3121 and H.3858 reside in the House Judiciary Committee awaiting a subcommittee hearing.

H.3145 has been assigned to a Senate Judiciary Subcommittee consisting of

Senators Gerald Malloy (D – Darlington, Chairman), Shane Martin (R –

Spartanburg) and Tom Young (R – Aiken).

Resides on the Senate calendar with Senator Kevin Bryant’s (R – Anderson) name listed on the bill in opposition.

H.3163 currently resides in the House Judiciary Committee awaiting a subcommittee hearing after being recommitted to Judiciary from the floor of the House.

H.3372 was assigned to the Senate Transportation Committee and awaits a subcommittee hearing.

H.3412 currently resides in the Senate Finance Committee awaiting a subcommittee hearing.

Sales tax on motor vehicle purchases to revert to the State

Non-Federal Aid Highway Fund

Out of State Facilities dealing with Prescription Drugs

Residential Treatment Facilities

– Revise age limit to “under 21”

Manufacturing Property Tax

Exemptions

Enact “Jaidon’s Law”

H.3444 was assigned to the Senate Medical Affairs Committee and awaits a subcommittee hearing.

Resides in the Senate Medical Affairs Committee awaiting a subcommittee hearing.

Resides in the House Ways and Means Property Tax Subcommittee awaiting a third subcommittee hearing.

H.3102 was assigned to a Senate Judiciary Subcommittee consisting of

Copyright 2014 © Riley Pope & Laney, LLC. All rights reserved.

H.3522

H.3847

H.3853

H.3897

H.3908

H.3983

H.4074

H.4095

H.4225

Repeal of Various Sales Tax

Exemptions

Revisions to the SC Information

Technology Equipment

Collection and Recovery Act of

2010 (E-Waste)

*To be enrolled for ratification

Alternative Education Campus

*Carried over on the Senate

Calendar

Parking Violations

Senators Vincent Sheheen (D – Kershaw, Chairman), Tom Corbin (R –

Greenville), Thomas McElveen (D – Sumter), Katrina Shealy (R – Lexington) and

Paul Thurmond (R – Charleston).

Resides in the full House Ways and Means Committee after members adjourned debate on the bill.

After the question of concurrence in the House technical amendments was carried over numerous times in recent weeks, the Senate on Thursday concurred in the House amendments to H.3847. Senator Danny Verdin (R –

Laurens) explained the amendments were technical in nature and only changed the dates to move back a year. The vote for concurrence was 35 – 3, and the bill will be enrolled for ratification next week.

Continues to be carried over on the Senate calendar.

Motor Vehicle License Plates

South Carolina Rural County

Access to Emergency Health

Care Act – Certificate of Need

Taxation of Electronic Cigarettes

Truth in Health Financing and

Responsible Consumer Health

Care Act

Hospital Costs Disparity Study

Committee

Resides in the House Education and Public Works Motor Vehicles

Subcommittee awaiting a second hearing.

Resides in the House Education and Public Works Motor Vehicles

Subcommittee awaiting a second hearing.

This week, the House adjourned debate on H.3983 until Thursday, February

27 th .

Resides in the House Ways and Means Committee after members adjourned debate on the bill last session.

Resides in the Ways and Means Committee awaiting a subcommittee hearing.

Resides in the House Medical, Military, Public and Municipal Affairs Committee awaiting a second subcommittee hearing.

Meetings Next Week

*Additional Meetings May be Posted*

Tuesday, February 25 th

Senate convenes at 12:00 noon

House convenes at 12:00 noon

February 21, 2014

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Click here

Click here

to view the live stream

to view the live stream

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House Education and Public Works K-12

Subcommittee – H.3532, Childcare facilities definition revision and prohibition of ABC vouchers by certain facilities / other bills

Full House Judiciary Committee – H.4347, Codify the SC Children’s Advocacy Medical Response

System Act / other bills

Full House 3M Committee – Proposed DHEC Reg

4434, Vaccination, Screening and Immunization re: Contagious Diseases / other bills

Full Senate Judiciary Committee – S.416 and

S.459, Texting while driving / S.864, Codify the SC

Children’s Advocacy Medical Response System

Act / S.872, Establish the Joint Citizens and

Legislative Committee on Children as a permanent Joint Committee / H.3024, Mandated reporting of child abuse

Full Senate Finance Committee – FY 14-15

Budget Outlook presented by Les Boles, Director

– Office of State Budget / H.3561,

Accommodations Tax / other bills

Wednesday, February 26 th

Senate to convene at 2:00 p.m.

1.5 hours after adjournment of the House

433 Blatt

2:30 p.m. or 1.5 hours after adjournment of the House

516 Blatt

2:30 or 1.5 hours after adjournment of the House

427 Blatt

3:00 p.m. – Live stream available

105 Gressette

3:00 p.m. – Live stream available

308 Gressette

House convenes at 10:00 a.m.

Senate Finance Health and Human Services

Budget Subcommittee – Department of Health and Environmental Control, Voc Rehab and

DAODAS to present budget requests

House Education and Public Works

Transportation Subcommittee – H.4386, Texting while driving

Click here to view the live stream

Click here to view the live stream

9:00 a.m.

407 Gressette

9:00 a.m.

433 Blatt

February 21, 2014

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Senate Judiciary Subcommittee – S.375,

Dilapidated Buildings Act

Senate Transportation Subcommittee – Local

Ordinances Regulating Speeding

Full Senate Banking and Insurance Committee –

S.908, Risk Based Capital / S.909, Captive

Insurance Companies / other bills

House Education and Public Works Motor

Vehicles Subcommittee – H.4073, Municipal ordinance allowed for fire department members to direct and control traffic at the scene of any fire in the municipality / other bills

Thursday, February 27 th

Senate to convene at 11:00 a.m.

9:00 a.m.

307 Gressette

10:00 a.m.

209 Gressette

11:00 a.m.

308 Gressette

3:00 p.m.

430 Blatt

Click here to view the live stream

Click here to view the live stream House convenes at 10:00 a.m.

House Judiciary Special Laws Subcommittee –

H.3400, DSS reporting re: SC Family

Independence Act of 1995 / H.4094, FOIA exemptions for children, etc. / other bills

9:00 a.m.

515A Blatt

House 2014 Budget Schedule – tentative

Senate 2014 Budget Schedule – tentative

Future Dates of Interest

*Feb 25-27 – FY 2014-15 Appropriations bill printed

*March 4-6 – Bill placed desks

*March 11-13 – House floor debate

*Budget Subcommittees begin meeting in February

*March 18-20 – Budget Subcommittee meetings

*March 25-27 – Budget Subcommittee meetings

*April 1-3 – Budget Subcommittee meetings

*April 8-10 – Full Senate Finance Deliberations

*April 15-17 – Finalize Senate Finance Committee

Action on Appropriations bill

February 21, 2014

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House Furlough Weeks

Senate Furlough Weeks

Thursday, June 5 th

*April 29-May 1 – Bill placed desks

*May 6-8 – Senate floor debate

*May 13-15 – Senate floor debate

*May 20-22 – Conference Committee

*May 27-29 – Conference Report Delivered to Governor

*June 3-5 – Vetoes

*April 14 – 18 (week before Easter)

*April 21 – 25 (week after Easter)

*April 21 – 25 (week after Easter)

Final day of the 2014 regular legislative session. This is the second year of a two-year session, which means any legislation not achieving passage by 5:00 p.m. will be null and void.

Newly Introduced Legislation

Week of February 18 - 20

Please take a moment to review the bills listed below and let us know if there are any you would like to track and receive updates on as they move through the legislative process. Feel free to call Ted, Hobart or Tara at

(803) 799-9993 or email tboone@rplfirm.com

with questions or comments.

Childcare

H. 4665 ( Word version) -- Reps. H. A. Crawford, Erickson, Atwater, Allison, Clemmons, Gagnon, Goldfinch,

Hardee, Hardwick, Harrell, Henderson, Horne, Nanney, Putnam, Quinn and Ryhal: A BILL TO AMEND THE CODE

OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-13-185 SO AS TO PROHIBIT THE

ADMINISTRATION OF MEDICATION TO A MINOR CHILD BY AN EMPLOYEE OR VOLUNTEER OF A CHILDCARE

FACILITY WITHOUT PARENTAL PERMISSION, TO INCLUDE EXCEPTIONS IN CIRCUMSTANCES OF EMERGENCIES,

TO REQUIRE CHILDCARE FACILITIES TO MAINTAIN RECORDS THAT DOCUMENT RECEIPT OF PARENTAL

PERMISSION, AND TO PROVIDE CRIMINAL PENALTIES. Referred to Committee on Medical, Military, Public and Municipal Affairs

Firearms

S. 1045 ( Word version) -- Senators Bright, Shealy and Corbin: A BILL TO AMEND SECTION 23-31-215, RELATING

TO THE ISSUANCE OF A CONCEALED WEAPONS PERMIT, TO REMOVE THE APPLICATION FEE OF FIFTY DOLLARS,

THE REPLACEMENT FEE OF FIVE DOLLARS, AND THE RENEWAL FEE OF FIFTY DOLLARS; TO REPEAL SECTION 23-

31-216, RELATING TO THE COLLECTION AND RETENTION OF FEES BY THE STATE LAW ENFORCEMENT DIVISION;

February 21, 2014

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AND TO AMEND SECTION 23-31-600, RELATING TO THE ISSUANCE OF AN IDENTIFICATION CARD TO A RETIRED

LAW ENFORCEMENT OFFICER, TO REMOVE THE COLLECTION OF ANY FEE. Senator BRIGHT spoke on the Bill.

Read the first time and referred to the Committee on Judiciary

Healthcare

S. 1035 ( Word version) -- Senators Davis, Rankin, Shealy, Cleary, L. Martin, Grooms, Bright, Pinckney, Coleman and Bryant: A BILL TO AMEND ARTICLE 4, CHAPTER 53, TITLE 44 OF THE 1976 CODE, RELATING TO THE

CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT OF 1980, TO ENACT THE MEDICAL CANNABIS

THERAPEUTIC TREATMENT RESEARCH ACT; TO ESTABLISH THE MEDICAL CANNABIS THERAPEUTIC TREATMENT

RESEARCH PROGRAM AT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE FOR

PATIENTS ELIGIBLE TO PARTICIPATE IN THE PROGRAM; TO PROVIDE WHO AND UNDER WHAT

CIRCUMSTANCES MEDICAL CANNABIS CAN BE ADMINISTERED TO A PATIENT; TO PROVIDE FOR NOTICE TO A

PARTICIPATING PATIENT THAT THE PATIENT WILL BE PARTICIPATING IN A RESEARCH STUDY AND OF THE

EXPERIMENTAL NATURE OF THE MEDICAL CANNABIS PROGRAM; TO PROVIDE FOR THE PROTECTION OF A

PARTICIPATING PATIENT'S PERSONAL INFORMATION; TO PROVIDE FOR THE OPERATION OF THE PROGRAM BY

THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE REPORTING

REQUIREMENTS BY ACADEMIC MEDICAL CENTERS THAT SUPERVISE OR ADMINISTER MEDICAL CANNABIS

TREATMENTS; AND TO PROVIDE CRIMINAL AND CIVIL IMMUNITY FROM STATE ACTIONS OR SUITS ARISING

FROM THE PROPER IMPLEMENTATION OF THIS ACT; AND TO PROVIDE THAT THE STATE SHALL DEFEND STATE

EMPLOYEES WHO, IN GOOD FAITH, CARRY OUT THE PROVISIONS OF THIS ACT; AND TO REQUIRE THE

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO COLLABORATE WITH ACADEMIC MEDICAL

CENTERS TO ASSIST INTERESTED PATIENTS WITH THE APPLICATION PROCESS TO PARTICIPATE IN EXISTING

UNITED STATES FOOD AND DRUG ADMINISTRATION APPROVED INVESTIGATIONAL NEW DRUG STUDIES

CONCERNING MEDICAL CANNABIS. Read the first time and referred to the Committee on Medical Affairs

S. 1036 ( Word version) -- Senator Cleary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,

BY ADDING ARTICLE 3 TO CHAPTER 15, TITLE 40 SO AS TO ENACT THE "DENTAL SEDATION ACT", TO PROVIDE

REQUIREMENTS CONCERNING THE PROVISION OF VARYING LEVELS OF SEDATION TO DENTAL PATIENTS; TO

AMEND SECTION 40-15-85, RELATING TO DEFINITIONS IN THE DENTISTRY PRACTICE ACT, SO AS TO ADD

NECESSARY DEFINITIONS; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 15, TITLE 40 AS ARTICLE 1

"GENERAL PROVISIONS". Read the first time and referred to the Committee on Medical Affairs

S. 1040 ( Word version) -- Senators Alexander, Peeler, Jackson, Lourie, Williams, Setzler, Grooms, Nicholson,

Bennett, Scott, Shealy, Kimpson, Rankin, Leatherman, Fair, Hayes, Courson, Campbell, McGill and McElveen: A

BILL TO AMEND ARTICLE 1, CHAPTER 35, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO

THE PROTECTION OF VULNERABLE ADULTS FROM ABUSE, NEGLECT, OR EXPLOITATION, SO AS TO DEFINE A

SENIOR CITIZEN AS A PERSON SIXTY YEARS OR OLDER AND TO EXTEND APPLICATION OF THE PROTECTIONS OF

THE ARTICLE TO SENIOR CITIZENS; TO ADD HUMAN TRAFFICKING AS A CRIME SUBJECT TO FINES AND

IMPRISONMENT; TO CHANGE EXISTING CRIMINAL PENALTIES; TO CREATE DUTIES RELATED TO DISCHARGING

VULNERABLE ADULTS AND SENIOR CITIZENS FROM CERTAIN SETTINGS; TO CREATE AN AFFIRMATIVE DEFENSE

TO COMMITTING OFFENSES PROVIDED FOR IN THE ARTICLE; AND FOR OTHER PURPOSES. Senator ALEXANDER spoke on the Bill. Read the first time and referred to the General Committee

February 21, 2014

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H. 4737 ( Word version) -- Rep. Spires: A BILL TO AMEND SECTION 44-53-398, AS AMENDED, CODE OF LAWS OF

SOUTH CAROLINA, 1976, RELATING TO THE SALE AND REGULATION OF PRODUCTS CONTAINING EPHEDRINE,

PSEUDOEPHEDRINE, OR PHENYLPROPANOLAMINE, SO AS TO PROVIDE THAT THESE MEDICATIONS ONLY MAY

BE SOLD UPON THE PRESCRIPTION OF A PHYSICIAN OR OTHER LICENSED PERSON WHO HAS PRESCRIPTIVE

AUTHORITY. Referred to Committee on Medical, Military, Public and Municipal Affairs

Healthcare – Affordable Care Act

H. 4752 ( Word version) -- Reps. Cobb-Hunter, Howard, Mitchell, Clyburn, King and Neal: A BILL TO AMEND THE

CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-1-40 SO AS TO REQUIRE PERSONS WITH

CERTAIN POOR HEALTH BEHAVIORS TO PARTICIPATE IN WELLNESS PROGRAMS AND IMPOSE A PREMIUM

INCREASE FOR FAILURE TO IMPROVE; TO REQUIRE SCDHHS TO REQUEST A RELATED WAIVER FROM THE

FEDERAL GOVERNMENT FOR PERSONS WITHIN A CERTAIN PERCENTAGE OF THE FEDERAL POVERTY LEVEL AND

TO ESTABLISH RELATIONSHIPS WITH QUALIFIED HEALTH PLANS TO PROVIDE ACCESS TO FEDERAL FUNDS

UNDER THE FEDERAL AFFORDABLE HEALTH CARE ACT TO COVER LOW INCOME FAMILIES. Referred to

Committee on Ways and Means

Healthcare – Mental Health

H. 4667 ( Word version) -- Reps. Robinson-Simpson, Govan, R. L. Brown, Hodges and Sabb: A BILL TO AMEND

SECTION 63-19-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY SERVICES

PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE

JUSTICE TO PROVIDE MENTAL HEALTH AND ALCOHOL AND DRUG SERVICES FOR YOUTHFUL OFFENDERS.

Referred to Committee on Judiciary

Kindergarten – 4K

H. 4749 ( Word version) -- Reps. Bingham, Allison, Anthony and Hayes: A JOINT RESOLUTION TO REQUIRE THAT

THE STATE BOARD OF EDUCATION IMMEDIATELY SHALL, IN CONSULTATION WITH THE DEPARTMENT OF

EDUCATION, THE OFFICE OF FIRST STEPS TO SCHOOL READINESS, THE EDUCATION OVERSIGHT COMMITTEE,

AND OTHER STAKEHOLDERS AS APPROPRIATE, BEGIN TO CONSIDER WHICH ASSESSMENT MUST BE USED TO

ANALYZE THE EARLY LITERACY COMPETENCIES OF CHILDREN IN STATE-FUNDED FULL-DAY AND HALF-DAY

FOUR-YEAR-OLD KINDERGARTEN PROGRAMS AND OF ALL CHILDREN ENTERING KINDERGARTEN PROGRAMS

IN PUBLIC SCHOOLS DURING THE 2014-2015 SCHOOL YEAR; TO PROVIDE THE ASSESSMENT MUST BE THE

SAME OR ALIGNED TO ASSESSMENTS INTENDED TO PROVIDE DIAGNOSTIC INFORMATION TO TEACHERS AND

MEASURE STUDENT GROWTH OVER TIME; TO REQUIRE THE BOARD TO PROVIDE A REPORT SUMMARIZING

THE ASSESSMENT IT HAS SELECTED TO THE GENERAL ASSEMBLY BEFORE JUNE 1, 2015; AND TO PROVIDE

SPECIFIC REQUIREMENTS FOR THE EARLY LITERACY MEASURE SELECTED BY THE BOARD. Referred to

Committee on Education and Public Works

Local Government

H. 4676 ( Word version) -- Reps. Vick and Munnerlyn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH

CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH

February 21, 2014

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CERTAIN COUNTY OFFICES AND THE GOVERNING BODY OF A COUNTY IN THOSE COUNTIES, WHICH HAVE A

COUNCIL/ADMINISTRATOR FORM OF GOVERNMENT AND ALSO HAVE WITHIN THE COUNTY AREA AT LEAST

FORTY THOUSAND ACRES OF STATE AND FEDERAL FOREST LAND, MAY BE ELECTED IN NONPARTISAN

ELECTIONS. Referred to Committee on Judiciary

H. 4733 ( Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,

BY ADDING SECTION 6-9-125 SO AS TO PROVIDE THAT ALL MUNICIPALITIES AND COUNTIES SHALL INSPECT

EACH EXTERIOR BALCONY IN CERTAIN RESIDENTIAL PROPERTIES WITHIN ITS JURISDICTION TO DETERMINE

WHETHER THE BALCONY SATISFIES THE REQUIREMENTS OF THE INTERNATIONAL BUILDING CODE, TO

PROVIDE THAT THE MUNICIPALITY OF THE COUNTY MUST PROHIBIT USE OF AN UNSATISFACTORY BALCONY

UNTIL THE BALCONY MEETS THE APPLICABLE STANDARDS, TO PROVIDE THE BUILDING CODES COUNCIL SHALL

DEVELOP AND ADMINISTER A DATABASE OF BALCONY INSPECTION DATA, TO PROVIDE FOR THE IMPOSITION

OF INSPECTION FEES AND FOR THEIR USES, TO PROVIDE A PENALTY FOR A VIOLATION, AND TO PROVIDE

DEFINITIONS. Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4758 ( Word version) -- Reps. H. A. Crawford, Clemmons, Goldfinch, Hardwick, Hardee, Ryhal and Barfield: A

BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 1, TITLE

6, TO ENACT THE "FAIRNESS IN LODGING ACT" SO AS TO ALLOW MUNICIPALITIES AND COUNTIES BY

ORDINANCE TO IMPLEMENT ADDITIONAL ENFORCEMENT PROVISIONS FOR THE BUSINESS LICENSE TAX AND

THE LOCAL ACCOMMODATIONS TAX AS THOSE PROVISIONS APPLY TO THE OWNERS OF RESIDENTIAL REAL

PROPERTY WHO RENT THE PROPERTY TO TOURISTS, INCLUDING DATA SHARING WITH THE SOUTH CAROLINA

DEPARTMENT OF REVENUE, SPECIFIC NOTICE TO PROPERTY OWNERS INCLUDED IN PROPERTY TAX BILLS, AN

ADDITIONAL PENALTY THAT MAY BE IMPOSED FOR NONCOMPLIANCE AFTER THE RECEIPT OF SUCH A NOTICE,

AND DIRECTIONS TO THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IDENTIFY "RENTAL BY OWNER"

WEBSITES ADVERTISING TOURISTS RENTALS AND REQUEST THEM TO POST ON THE WEBSITES A STATEMENT

REGARDING THE LEGAL OBLIGATIONS OF THE OWNERS OF PROPERTY IN THIS STATE LISTED ON THE WEBSITE,

TO PAY ALL APPLICABLE LOCAL AND STATE TAXES AND FEES WITH RESPECT TO SUCH RENTALS; AND TO

AMEND SECTIONS 6-1-120, 12-54-240, AS AMENDED, AND 12-4-310, RELATING RESPECTIVELY TO THE

CONFIDENTIALITY OF LOCAL AND STATE TAX DATA AND EXCEPTIONS THERETO, AND THE DUTIES OF THE

SOUTH CAROLINA DEPARTMENT OF REVENUE, SO AS TO CONFORM THEM TO THE PROVISIONS OF THIS ACT.

Referred to Committee on Ways and Means

Motorsports Entertainment Complex / Consumption

H. 4661 ( Word version) -- Reps. Lucas, Williams, Munnerlyn, Lowe, Bannister and Finlay: A BILL TO AMEND THE

CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-515 SO AS TO PROVIDE THAT THE

OWNER OF A "MOTORSPORTS ENTERTAINMENT COMPLEX" LOCATED IN THIS STATE OR HIS DESIGNEE MAY

APPLY FOR AND BE ISSUED AN ANNUAL LICENSE WHICH AUTHORIZES THE PURCHASE, SALE, AND

CONSUMPTION OF BEER AND WINE AT ANY OCCASION HELD ON THE GROUNDS OF THE COMPLEX YEAR

ROUND ON ANY DAY OF THE WEEK, TO PROVIDE FOR THE TERMS AND CONDITIONS FOR THIS ANNUAL

LICENSE, INCLUDING THE FEE, AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE ADMINISTRATION OF

THIS LICENSE AND APPLICABLE ALCOHOLIC BEVERAGE CONTROL LAWS IN CONNECTION WITH THE USE OF

THIS LICENSE; AND BY ADDING SECTION 61-6-2016 SO AS TO PROVIDE THAT THE OWNER OF A

"MOTORSPORTS ENTERTAINMENT COMPLEX", OR HIS DESIGNEE, ALSO MAY BE ISSUED, UPON APPLICATION,

February 21, 2014

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AN ANNUAL LICENSE THAT AUTHORIZES THE PURCHASE, SALE, AND CONSUMPTION OF ALCOHOLIC LIQUORS

BY THE DRINK AT ANY OCCASION HELD ON THE GROUNDS OF THE COMPLEX UNDER THE SAME SPECIFIED

TERMS AND CONDITIONS AS PROVIDED FOR BEER AND WINE PERMITS. Referred to Committee on Ways and

Means

State Employees / Public Servants

H. 4648 ( Word version) -- Reps. Toole, Atwater, Huggins, Ballentine, Kennedy, Bingham and Quinn: A BILL TO

AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-115 SO AS TO ESTABLISH A

MANDATORY PUBLIC SERVANT DRUG PREVENTION AND TESTING PROGRAM FOR ALL STATE EMPLOYEES,

OFFICERS, AND ELECTED OFFICIALS; AND BY ADDING SECTION 2-1-155 SO AS TO SPECIFY THAT MEMBERS AND

EMPLOYEES OF THE GENERAL ASSEMBLY ARE SUBJECT TO THE MANDATORY DRUG PREVENTION AND TESTING

PROGRAM. Referred to Committee on Judiciary

State Government

H. 4651 ( Word version) -- Reps. Toole, Atwater, Spires, Quinn, Huggins, G. M. Smith, Kennedy and Bingham: A

BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-250 SO AS TO

REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO MANAGE THE FEDERAL SUPPLEMENTAL NUTRITION

ASSISTANCE PROGRAM AND TO APPLY FOR WAIVERS OF FEDERAL REQUIREMENTS APPLICABLE TO THE

PROGRAM THAT PROMOTE NUTRITIOUS DIETS, INCLUDING WAIVERS TO RESTRICT ALLOWABLE FOOD

CHOICES. Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4652 ( Word version) -- Reps. Toole, Atwater, Kennedy, Spires, Huggins, G. M. Smith, Quinn and Bingham: A

BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-1172 SO AS TO

REQUIRE THE USE OF ELECTRONIC BENEFIT TRANSFERS FOR MONTHLY FAMILY INDEPENDENCE BENEFIT

PAYMENTS EXCEPT IN LIMITED CIRCUMSTANCES, TO PROHIBIT FAMILY INDEPENDENCE RECIPIENTS FROM

MAKING CERTAIN PURCHASES WITH THESE BENEFIT PAYMENTS, AND TO REQUIRE THE DEPARTMENT TO TAKE

STEPS TO PREVENT FAMILY INDEPENDENCE RECIPIENTS FROM USING THESE BENEFIT PAYMENTS TO MAKE

PROHIBITED PURCHASES. Referred to Committee on Ways and Means

H. 4653 ( Word version) -- Reps. Toole, Atwater, Spires, Huggins, Kennedy, Bingham, Quinn and G. M. Smith: A

BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-255 SO AS TO

REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO MANAGE THE FEDERAL SUPPLEMENTAL NUTRITION

ASSISTANCE PROGRAM AND TO ISSUE BENEFIT CARDS THAT INCLUDE A PHOTOGRAPH AND OTHER

IDENTIFYING INFORMATION OF THE PERSON AUTHORIZED TO USE THE CARD. Referred to Committee on

Ways and Means

Taxation

H. 4660 ( Word version) -- Reps. Forrester, Ballentine, Cole, Allison, Brannon, Patrick, Bingham, Chumley,

Harrell, Stringer, Tallon and Wood: A BILL TO AMEND SECTION 12-36-2691, CODE OF LAWS OF SOUTH

CAROLINA, 1976, RELATING TO SALES TAX NEXUS FOR CERTAIN DISTRIBUTION FACILITIES, SO AS TO PROVIDE

THAT UPON THE INAPPLICABILITY OF THIS SECTION, ANY SALES TAX REVENUE RESULTING FROM THE

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INAPPLICABILITY MUST BE CREDITED TO THE STATE HIGHWAY FUND TO BE USED EXCLUSIVELY FOR ROAD AND

BRIDGE IMPROVEMENT. Referred to Committee on Ways and Means

Taxation - Property

H. 4649 ( Word version) -- Reps. Toole, Atwater, Huggins, Spires, Kennedy, Bingham and Quinn: A BILL TO

AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOUR PERCENT

SPECIAL ASSESSMENT RATIO, SO AS TO PROVIDE THAT, IN CERTAIN SITUATIONS, IF A PERSON RECEIVES THE

FOUR PERCENT ASSESSMENT RATIO WHEN THE PERSON WAS NOT ELIGIBLE, ANY PAYMENT IN ERROR IS

CONSIDERED PARTIAL PAYMENT AND THE PERSON OWES THE BALANCE AT THE CORRECT ASSESSMENT RATIO

PLUS A PENALTY ON THE BALANCE; AND TO AMEND SECTION 12-54-85, RELATING TO THE TIME LIMITATION

ON THE ASSESSMENT OF TAXES AND FEES, SO AS TO DISALLOW ASSESSMENTS AFTER THIRTY-SIX MONTHS,

AND TO PROVIDE THAT A TAXPAYER MAY MAKE A CLAIM FOR A REFUND ON REAL PROPERTY WITHIN THREE

YEARS OF PAYMENT INSTEAD OF TWO YEARS. Referred to Committee on Ways and Means

H. 4741 ( Word version) -- Reps. Daning, Crosby, Bowen, Murphy, Rivers, Patrick, Newton, Jefferson, Long,

Erickson, McCoy, Williams, M. S. McLeod, Forrester, George, Hart, Hayes, Horne, Lowe, Putnam, Riley,

Sandifer and Willis: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH

CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ON TWO

PRIVATE PASSENGER VEHICLES OWNED OR LEASED BY A DISABLED VETERAN TO THE SURVIVING SPOUSE.

Referred to Committee on Ways and Means

Telecommunications

H. 4731 ( Word version) -- Reps. Sandifer and Forrester: A BILL TO AMEND THE CODE OF LAWS OF SOUTH

CAROLINA, 1976, BY ADDING SECTION 58-9-2515 SO AS TO CLARIFY THE JURISDICTION OF THE PUBLIC SERVICE

COMMISSION OVER CERTAIN PROVIDERS WITH RESPECT TO TELEPHONE SERVICE FOR HEARING AND SPEECH

IMPAIRED PEOPLE; BY ADDING SECTION 58-9-2535 SO AS TO PROVIDE FOR THE MANNER OF ASSESSMENT

AND COLLECTION OF DUAL PARTY RELAY CHARGES BY LOCAL EXCHANGE PROVIDERS, COMMERCIAL MOBILE

RADIO SERVICE PROVIDERS, PREPAID WIRELESS SERVICE PROVIDERS, AND VOICE OVER INTERNET PROTOCOL

SERVICE PROVIDERS, AMONG OTHER THINGS; TO AMEND SECTION 58-9-2510, AS AMENDED, RELATING TO

DEFINITIONS CONCERNING TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PEOPLE, SO AS TO

REVISE THESE DEFINITIONS; TO AMEND SECTION 58-9-2530, AS AMENDED, RELATING TO THE OPERATING

FUND FOR A SYSTEM OF DUAL PARTY RELAY DEVICES AND RELATED TELECOMMUNICATIONS DEVICES, SO AS

TO IMPOSE CERTAIN RELATED SURCHARGES ON LOCAL EXCHANGE PROVIDERS, COMMERCIAL MOBILE RADIO

SERVICE PROVIDERS, VOICE OVER INTERNET PROTOCOL SERVICE PROVIDERS, AND PREPAID WIRELESS SERVICE

SALES, AND TO PROVIDE FOR THE REMITTANCE OF THESE FUNDS TO THE DEPARTMENT OF REVENUE FOR

TRANSFER TO THE OPERATING FUND; AND TO REPEAL SECTION 59-9-2540 RELATING TO AN ADVISORY

COMMITTEE TO MONITOR STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE. Referred to

Committee on Labor, Commerce and Industry

February 21, 2014

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ILEY

P

OPE

& L

ANEY

,

LLC

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RPLFIRM .

COM

T HEODORE D.

“T

ED

R ILEY

– triley@rplfirm.com

H OBART O.

T ROTTER , J R .

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T ARA P.

B OONE tboone@rplfirm.com

February 21, 2014

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