Legislative Year in Review - Part 2 2010-06-15 Part 2 COMMUNICATION INTERRUPTION BY SLED The bill allows additional reasons for which the South Carolina Law Enforcement Division or authorized law enforcement officer may interrupt phone or internet communications by issuing administrative subpoenas to certain telecommunications providers in order to safeguard the public (which include threats to persons, hostage situations, resisting arrest with weapons, possibility of suicide, and threats to critical infrastructure). This bill authorizes SLED to promulgate regulations regarding issuing administrative subpoenas. The bill expands "good faith" coverage to internet providers under an administrative subpoena. The Senate version establishes that the Attorney General must give approval if a court is unable to give approval. Status: The Senate returned H.4256, with amendments, to the House on June 3, 2010. CONSOLIDATION OF DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES This legislation creates a study committee to study and develop a plan to consolidate the functions of the Department of Corrections and the Department of Probation, Parole and Pardon Services. The plan must include an estimate of cost savings that may be realized from the consolidation of both agencies. In addition, the study committee shall study the feasibility of consolidating the State Law Enforcement Division, Department of Public Safety, and the Department of Natural Resources Enforcement Division into one cabinet level department whose director is appointed by the Governor. In addition, the bill establishes the Environmental Justice Equitable Redevelopment Commission for the fair treatment and meaningful involvement of all people with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies and working toward increasing prosperity of all South Carolinians. It also creates the South Carolina Interagency Working Group on Environmental Justice (IWG), which shall serve as an advisory committee to the commission. The goal of the IWG is to assist the commission and communities selected by the commission by providing resources and support. The IWG members shall act under the direction of the commission and assist the commission in the implementation of and in furtherance of the commission's mission. STATUS: The House returned S.1234 with amendments, to the Senate on June 3, 2010. CRIMINAL PENALTIES FOR TRAFFICKING IN PERSONS FOR FORCED LABOR OR SERVICES This legislation adds human trafficking to the list of violent crimes, to the list of Class A felonies, to the list of aggravating circumstances for murder, as an element to be considered in criminal sexual conduct (CSC) in the first degree, to the list of aggravating circumstances for CSC with a minor, to the list of most serious offenses, to the list of those offenders that must register as sex offenders, to the list of those offenders that are subject to residency restrictions, to the list of offenders who are subject to electronic monitoring for sex offenders, and as an element to be considered in distribution and trafficking of certain drugs. STATUS: Having passed the House of Representatives and the Senate, H.4202 was ratified on June 7, 2010 (R.324) and signed into law by the Governor on June 11. DRIVER’S LICENSE CODE INDICATING A VIOLENT CRIME RECORD The General Assembly approved S.288, a bill requiring markings on driver’s licenses which inform law enforcement officers that a license holder has a violent criminal record. The legislation provides that when a person is convicted of or pleads guilty or no contest to certain violent crimes, the person must surrender his license or special identification card to the Department of Motor Vehicles by mail or in person. If the person fails to do so, the driver’s license or special identification card is considered cancelled. Under this legislation, a person convicted of these crimes must have a special code affixed to the reverse side of his driver's license or special identification card that identifies the person as having been convicted of a violent crime. The bill provides a fee to be charged for affixing the code, and it provides a process for removing the code in the event of a reversal of the conviction, a pardon is obtained, or after a certain period of time has elapsed. The presence of a special identifying code on a person’s driver’s license or special identification card may not be used as a grounds to extend the detention of a person by law enforcement officer or grounds for a search of the person or his vehicle. STATUS: Having passed the General Assembly, S.288 was ratified on June 7, 2010 (R.296). On June 11, the Governor vetoed the bill. "ELECTRONIC SECURING AND TARGETING OF ONLINE PREDATORS ACT (E-STOP)" This legislation requires a sex offender who is required to register with the sex offender registry to provide information regarding the offender’s Internet accounts and Internet access providers and Internet identifiers. If any changes to this information occur, the sex offender must notify the sheriff’s office in writing within three business days. The sheriff must notify the South Carolina Law Enforcement Division (SLED) within three business days of the changes. There are penalties for failing to provide the information or knowingly and willfully giving false information regarding an Internet account or Internet identifier. The legislation allows an interactive computer service to request from SLED a list of all registered sex offenders or information regarding specific sex offenders. SLED may charge a reasonable fee to cover the cost of copying and distributing this information. The legislation outlines how an interactive computer service may use the information. The legislation includes provisions pertaining to the liability of SLED and interactive computer services. For certain sex offenders, the legislation requires a judge to order as a condition of probation or parole that the person is prohibited from using the Internet for certain reasons, including accessing social networking sites. S.973 also makes other changes to the sex offender registry. Among other things, the legislation requires a person classified as a Tier III offender by Title I of the federal Adam Walsh Child Protection and Safety Act of 2006, the Sex Offender Registration and Notification Act (SORNA) to register every 90 days. For changes in address, the legislation reduces the time frame for notifying the sheriff’s office from ten to three business days. The legislation defines a ‘temporary residence’ or ‘residence’ as the location of the individual’s home or other place where the person habitually lives or resides, or where the person lives or resides for a period of ten or more consecutively days. The legislation requires additional information to be provided about vehicles, trailers, mobile homes and manufactured homes, and aircraft. The legislation also requires registration in counties where an offender is employed or volunteers or interns or carries on a vocation in schools. The legislation requires palm prints, Internet identifiers, and passport and immigration status. The legislation increases penalties for failing to provide required information and for willfully and knowingly providing false information. The legislation also makes changes to what the SLED protocol manual should include. STATUS: Having passed the General Assembly, S.973 was ratified on June 1, 2010 (R.258) and was signed into law by the Governor on June 7. EXCEPTIONS TO THE REQUIREMENT FOR DESTRUCTION OF CRIMINAL RECORDS WHEN A CHARGE IS DISMISSED OR THE PERSON IS FOUND INNOCENT Under this Act, these provisions do not apply to a person who is charged with a violation of Title 50, Title 56, an enactment pursuant to the authority of counties and municipalities provided in Titles 4 and 5, or any other state criminal offense if the person is not fingerprinted for the violation. The legislation also authorizes the State Law Enforcement Division to promulgate regulations that allow for the electronic transmission of information. Status: Having passed the General Assembly, H. 4205 was ratified on May 6, 2010 (R.197) and signed into law by the Governor May 12 (Act No. 167). EXPUNGEMENTS OF CRIMINAL RECORDS This bill provides exceptions to the requirement for destruction of criminal records when a charge is dismissed or the person is found innocent. Under this bill, these provisions do not apply to a person who is charged with a violation of Title 50, Title 56, an enactment pursuant to the authority of counties and municipalities provided in Titles 4 and 5, or any other state criminal offense if the person is not fingerprinted for the violation. The bill authorizes the State Law Enforcement Division to promulgate regulations that allow for the electronic transmission of information. The bill allows certain persons who have a report or complaint filed against them with law enforcement but no charges are brought within three years of the report being filed and with the consent of the appropriate solicitor’s office to have their records expunged. The bill allows certain persons who have received a pardon to have their records expunged. Applicants that have received a pardon must pay a nonrefundable administrative fee of $300 and any other applicable fees. This legislation takes effect upon approval by the Governor and applies retroactively. The House version allows for someone to request an expungement simply if the person has a police report filed against him, and it allows for certain individuals who have received pardons to apply for expungements. The Senate version took out that language, and it adds a change to the traffic education program and a slight change to the original bill dealing with those violations that do not have to be expunged. STATUS: S.912 passed the House of Representatives and Senate in different versions. On June 3, 2010, the Senate appointed a conference committee. JURISDICTION OF THE PROBATE COURT This legislation amends numerous statutes relating to the various actions and proceedings concerning the affairs of decedents, protected persons, minors, and incapacitated persons falling under the subject matter jurisdiction of the probate court, so as to differentiate between a formal proceeding and an application to the court and the procedural rules governing each. Among other things, the legislation requires the filing and service of a summons and petition to commence a formal proceeding, distinguishes the requirement of summons and petition from the notice requirements for a hearing on a petition. The legislation also amends statutes relating to the South Carolina Trust Code, so as to substitute "person" for "parent" and "issue" for "child", delete the requirement of a taxpayer identification number on a certificate of trust, allow certain reimbursements to a prospective trustee, and make technical changes. STATUS: Having passed the House of Representatives and the Senate, H.3803 was ratified on June 1, 2010 (R.274) and signed into law by the Governor June 7. LIMITATIONS ON ATTORNEY’S FEES IN STATE-INITIATED ACTIONS This bill limits attorney's fees in state-initiated actions to a reasonable time expended at a reasonable rate. The bill outlines factors to be applied in determining a reasonable rate. The judge must make specific written findings regarding each factor in making the award of attorney's fees. However, in no event shall a prevailing party be allowed to shift attorney's fees that exceed the fees the party has contracted to pay counsel personally for work on the litigation. The bill also provides that in civil actions, an agency is presumed to be substantially justified in pressing its claim against the party if the agency follows a statutory or constitutional mandate that has not been invalidated by a court of competent jurisdiction. STATUS: Having passed the General Assembly, S.186 was ratified on February 18, 2010 (R.124) and signed by into law by the Governor on February 24 (Act No. 125). LOCAL DETENTION FACILITY MUTUAL AID AND ASSISTANCE ACT This legislation makes technical changes to Title 24, of the South Carolina Code of Laws, relating to the detention of persons in local detention facilities. The bill deletes archaic provisions that do not reflect current practice and also codifies language that does reflect current practice. Major substantive changes to the bill include the following: A municipal or county jail administrator must consent, rather than the sheriff alone, when deciding where to house a prisoner. Local detention facilities are added to the list of facilities where conjugal visits are not allowed. Local detention center directors are given the same authority as a prison director within the Department of Corrections to suppress riots and investigate misconduct. Any person received by the jail who appears to be in a stupor must be examined by medical personnel before being admitted into the jail. A sheriff is authorized to devolve their powers over a jail to a county governing body who may then employ a jail administrator, and a county governing body may devolve the power back to the sheriff. Local detention facilities are allowed to charge to house an inmate. Local detention facilities that are contiguous to each other can enter into agreements for the safe detention of inmates in the case where one facility is unable to safely house their inmates. The Senate amended the bill to modify the way in which medical bills are paid in regards to local jails and to allow Corrections to retain certain funds to run a statewide notification program. Status: Having passed the General Assembly, S.217 was ratified on June 7, 2010 (R.295) and signed into law by the Governor on June 11. "THE OMNIBUS CRIME REDUCTION AND SENTENCING REFORM ACT OF 2010" The stated purpose of this comprehensive legislation is to reduce recidivism, provide fair and effective sentencing options, employ evidence-based practices for smarter use of correctional funding, and improve public safety. The stated intent of Part I of this legislation is to provide consistency in sentencing classifications, provide proportional punishments for the offenses committed, and reduce the risk of recidivism. Part I of the legislation makes numerous and various revisions to criminal offenses. Many of the changes add levels to the various degrees of an offense, increase maximum penalties, or allow discretion to judges with regards to probation and parole for offenses. The stated intent of Part II of this legislation is to provide cost-effective prison release and community supervision mechanisms and cost-effective and incentive-based strategies for alternatives to incarceration in order to reduce recidivism and improve public safety. Part II of the legislation focuses on evidence-based practices in order to use proven methods that can make smarter use of the Department of Probation, Parole and Pardon Services. Among numerous other things, the legislation provides incentives to persons under supervision to comply with conditions. Part III provides oversight revisions to fiscal impact statements and also a committee to continue oversight of the implementations of the Sentencing Reform Commission recommendations. STATUS: Having passed the General Assembly, S.1154 was ratified on June 1, 2010 (R.262) and signed by into law by the Governor on June 2. PROTECTIONS FOR EXECUTION TEAMS This legislation prohibits a person from disclosing the identity of a current or former member of an execution team or from disclosing a record that would identify a person as being a current or former member of an execution team. An exception is provided to allow disclosure upon a court order under seal for the proper adjudication of pending litigation. Any person whose identity is disclosed shall have a civil cause of action against the person who is in violation of this section and may recover actual damages and, upon a showing of a wilful violation, punitive damages. The bill further provides that no licensing agency, board, commission, or association may file, attempt to file, initiate a proceeding, or take any action to revoke, suspend, or deny a license to any person solely because that person participated in the execution of a sentence of death on a person convicted of a capital crime as authorized by law or the director. Status: Having passed the General Assembly, S.329 was ratified on June 1, 2010 (R.249) and signed into law by the Governor June 7. "RELIGIOUS VIEWPOINTS ANTIDISCRIMINATION ACT" This legislation prohibits a school district from discriminating against a student based on religious viewpoint. The legislation allows a student to express his religious viewpoint, allows a student to express his religious beliefs in homework and classroom assignments, and allows students to organize and participate in religious student gatherings to the same extent as secular non-curricular groups. STATUS: Having passed the General Assembly, S.134 was ratified on May 25, 2010 (R.219) and signed into law by the Governor on May 28 (Act No.180). REVISIONS PERTAINING TO SEXUALLY VIOLENT OFFENDERS This bill makes comprehensive revisions pertaining to sexually violent offenders. The bill provides that the agency with jurisdiction must give written notice to the multidisciplinary team, the victim, and the Attorney General at least 270 days, rather than 180 days as is currently required, before the person’s anticipated release, hearing or parole. If the appropriate department intends to grant parole or conditional release to a person who has been convicted of a sexually violent crime, the parole or the conditional release must be made effective 180 days after the date of the order of parole or conditional release. The previous language provided that the parole or conditional release must be made effective 90 days after the date of the order of parole or conditional release. If the probable cause determination is made, upon completion of the criminal sentence, the court must have the individual transferred to a facility of the Department of Mental Health for an evaluation by a court-appointed expert to determine whether or not the person is a sexually violent predator. The expert must complete the evaluation within 60 days after the probable cause hearing. However, the court may grant one extension upon request of the expert and upon good cause shown. A court must conduct a trial to determine whether a person is a sexually violent predator. Current law requires that the trial must be held within 60 days of the completion of the probable cause hearing. The legislation provides that the trial must now be conducted within 90 days after the court-appointed expert issues an evaluation on the individual. The individual or Attorney General may retain another qualified expert following the evaluation issued by the court-appointed expert. The Director of the Department of Mental Health is required to certify in writing with specific basis thereof, a determination that a person’s mental abnormality has changed to the point to where the person is no longer likely to commit acts of sexual violence and are, therefore, authorized to petition the court for release. The Director is also required to notify the Attorney General of the notification and authorization. The court must order a hearing within 30 days of receiving the petition of release unless the Attorney General requests an evaluation of the individual by a qualified expert or the Attorney General or petitioner request a trial by jury. If the Attorney General’s expert determination is adverse to the petitioner, then the petitioner shall have the right to retain a qualified expert of his or her own choosing. This legislation also provides a procedure for allowing indigent petitioners to obtain a qualified expert if the court finds such an examination necessary. STATUS: Having passed the General Assembly, S.931 was ratified on May 6, 2010 (R.185) and signed into law by the Governor on May 12 (Act No. 158). "SOUTH CAROLINA REDUCTION IN RECIDIVISM ACT OF 2010" In order to reduce recidivism rates and protect potential victims from criminal enterprises, the legislation authorizes law enforcement officers to conduct warrantless searches and seizures on those who are on probation or parole. The legislation provides that, before an individual may be placed on probation, supervised furlough, or parole, he must agree in writing to be subject to a search or seizure, without a search warrant, based on reasonable suspicions, of his person, any vehicle he owns or is driving, and any of his possessions by any probation agent employed by the Department of Probation, Parole and Pardon Services or any other law enforcement officer. The legislation also includes provisions that make written agreement to such warrantless searches and seizures a condition for the release from custody of juveniles and youthful offenders. Agreement to warrantless search and seizure does not apply in situations involving a Class C misdemeanor or an unclassified misdemeanor that carries a term of imprisonment of not more than one year. Before conducting a warrantless search or seizure of an individual, a law enforcement officer must verify the individual’s probation, parole, supervised furlough, or conditional release status. Officers are required to make reports of all warrantless searches or seizures to their law enforcement agencies that include the name, address, age, gender, and race or ethnicity of the person that is the subject of the search or seizure. An officer who fails to make a required report is subject to the disciplinary policy of his agency, but, in the absence of a written agency policy on enforcement, the officer is subject to a one-day suspension without pay. Law enforcement agencies must submit the reported information at the end of each month to the Department of Probation, Parole and Pardon Services for review of abuse. The department must report any finding of abuse to the State Law Enforcement Division for investigation. STATUS: Having passed the General Assembly, S.191 was ratified on March 25, 2010 (R.140) and vetoed by the Governor on March 31. The Senate voted to override the veto on April 14 and the House of Representatives voted to override the veto on April 28 to allow the legislation to become law (Act No. 151).
COST SAVING MEASURES IN K-12 EDUCATION The General Assembly approved joint resolution H.4823, which authorizes certain temporary cost saving measures in K-12 education. Under the resolution, the State Department of Education is not required to provide printed copies of 2010 district and school report cards. The district or school shall email parents a link to the report cards if the school maintains parent email addresses in its student information system database. The district or school shall notify parents about the report cards through its newsletters and other regular communication channels. A parent must be provided a printed copy of such a report card at no cost only upon request. For the 2010-2011 school year, the State Department of Education shall suspend the writing assessments in grades three, four, six, and seven. Writing assessments may be administered only to students in grades five and eight. The writing assessments may not be used in Education Accountability Act growth calculations. The savings generated from the suspension of these activities must be distributed to school districts based on the Education Finance Act formula. A public school or district board is not required to inform the community of the school’s and district’s 2010 report card by advertising the results in at least one South Carolina daily newspaper of general circulation in the area. However, the results must 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. The selection of the test for each student should be informed by the student’s individual graduation plan, cluster selection, guidance counselor advisement, and parent or legal guardian consent. The legislation provides that. for Fiscal Year 2010-2011, an individual who received a South Carolina Teacher Loan, who completed an undergraduate or graduate degree in education in calendar year 2009 or 2010, and who was not employed in a public school in South Carolina by September 1, 2010 or the 2010-2011 school year may elect to receive a one-year grace period that allows the individual to defer making loan repayments for one calendar year. Interest must be accrued during this deferral period. The legislation requires the State Department of Education, in collaboration with the Education Oversight Committee, to convene a task force, including district level instructional and assessment personnel, to examine the feasibility of shifting from the use of HSAP to end-of-course assessments for meeting federal assessment requirements. The task force must submit its findings to the Senate Finance Committee, Senate Education Committee, House Ways and Means Committee, House Education and Public Works Committee, the State Board of Education, and the Education Oversight Committee by January 15, 2011. STATUS: Having passed the General Assembly, H.4823 was ratified on May 6, 2010 (R.205) and became law without the Governor’s signature on May 13. NATIONAL BOARD TEACHER CERTIFICATION PROGRAM LIMITATIONS The General Assembly approved S.1363, a bill that places new limitations on the national board certification program for teachers with its state salary stipends for nationally certified teachers. The legislation provides that teachers who are certified by the National Board for Professional Teaching Standards (NBPTS) prior to July 1, 2010, shall receive an increase in pay for the initial ten-year National Board certification and no more than one ten-year renewal of National Board certification. Teachers receiving national certification from the NBPTS on or after July 1, 2010, shall only receive an annual increase in pay for the initial ten years of the certification. Only teachers who apply for certification prior to July 1, 2010, may receive a loan for the application fee. STATUS: Having passed the General Assembly, S.1363 was ratified on May 25, 2010 (R.234). On May 28, the Governor vetoed the bill and, on June 3, legislators voted to override the veto and allow the bill to become law. REQUIREMENT FOR CRIMINAL BACKGROUND CHECKS OF SUBSTITUTE TEACHERS AND OTHERS WORKING IN SCHOOLS The legislation requires an individual hired by a local school district board of trustees to serve in any capacity in a public school in this State to undergo a name-based South Carolina State Law Enforcement Division (SLED) criminal record search. The legislation requires school districts to perform a National Sex Offender Registry check on all district employees hired to serve in any capacity in a public school and all volunteers who work in a school on an interim or regular basis as mentors, coaches, or any other capacity, or volunteers who serve as student chaperones or any other capacity having direct interaction with students. School district boards are required to adopt written policies on background searches, but policies must, at minimum, prohibit hiring those convicted of violent crimes and individuals required to register as sex offenders and must include hiring recommendations regarding felony convictions. SLED fees for a background search are waived if it is conducted on a substitute teacher on behalf of a school district. SLED is to provide training for school districts on the use of criminal record information. STATUS: Having passed the General Assembly, H.4248 was ratified on May 6, 2010 (R.198) and signed into law by the Governor on May 11 (Act No. 168). "SOUTH CAROLINA EDUCATION BILL OF RIGHTS FOR CHILDREN IN FOSTER CARE ACT" This legislation requires school districts to ensure that the educational needs of children in foster care are met by having procedures in place to ensure prompt and seamless transitions between schools and districts. To help with a foster child’s school transitions, school districts shall: (1) consider keeping the child in the same school if it is in the child’s best interest; (2) facilitate immediate school enrollment, and within two school days request or send necessary school records; (3) excuse absences for court-ordered activities; allow opportunity to make up all assignments and required seat time if these absences exceed statutory limits; (4) accept for credit full or partial coursework satisfactorily completed; if the child changes schools, calculate grades and credits as of the date the child left school and not lower the child’s grades as a result of these circumstances; (5) subject to federal law, permit an authorized Department of Social Services (DSS) representative access to the child’s school records for purposes of educational case management and assistance with school transfer or placement of the child; and (6) make school placement decisions to ensure a foster child is placed immediately in the least restrictive educational program and has access to all academic resources, services and extracurricular activities available to other students. DSS shall: (1) immediately enroll the child in school, and maintain in the same school if possible; (2) provide a copy of the court order to the school district, and (3) provide an adult educational advocate for the child. STATUS: Having passed the General Assembly, S.1134 was ratified on June 1, 2010 (R.261) and signed into law by the Governor on June 7, 2010. SUSPENSION OF SALARY STEP INCREASES FOR TEACHERS AND ADMINISTRATORS The General Assembly approved H.4838, a joint resolution which authorizes the temporary suspension of automatic salary step increases for teachers and salary increases for administrators. The joint resolution provides that, for Fiscal Year 2010-2011, a local school district board of trustees may determine that all teachers employed by the district must be paid based on the years of experience on the school district salary schedule they possessed in Fiscal Year 2009-2010, without a negative impact resulting to their experience credit. This decision must be voted on by the local school district board of trustees in a public school board meeting with public notice posted on the school district website. Application of this provision must be applied uniformly for all teachers within the school district. The local school district board of trustees may not provide for an increase in salary for district administrators and school administrators and their compensation may not be higher than the actual amount received in Fiscal Year 2009-2010. A local school district board of trustees shall, however, continue to pay teachers and school and district administrators for changes in their education level. STATUS: Having passed the General Assembly, H.4838 was ratified on May 25, 2010 (R.247) and signed into law by the Governor on May 28. TEACHER CONTRACT AND SALARY PROVISIONS The General Assembly approved and the Governor signed into law H.4299, a joint resolution authorizing certain teacher contract and salary provisions effective for the upcoming school year. The legislation provides that the boards of trustees of the several school districts shall decide and provide the required written notification to the teachers in their employ concerning their employment for the 2010-2011 school year by May 15, 2010. Any teacher who is reemployed by this written notification shall notify the board of trustees in writing of his acceptance of the contract for the 2010-2011 school year no later than ten days following receipt of written notification. Failure on the part of the teacher to notify the board of acceptance within the specified time limit shall be conclusive evidence of the teacher’s rejection of the contract. The legislation also provides that school districts may uniformly negotiate salaries below the school district salary schedule for the 2010-2011 school year for retired teachers who are not participants in the Teacher and Employee Retention Incentive Program. STATUS: Having passed the General Assembly, H.4299 was ratified on May 6, 2010 (R.199) and signed into law by the Governor on May 11.
This legislation provides for early voting centers. Each county board of registration and elections is required to establish one early voting center which must be supervised by election commission employees serving as poll managers where a qualified elector may cast no more than one ballot, without excuse, during an early voting period for all elections. The early voting period begins on the Thursday before a statewide primary or general election and ends the following Saturday. The county board of registration and elections shall open the early voting center from 7:00 a.m. until 7:00 p.m. on Thursday and Friday and 9:00 a.m. to 5:00 p.m. on Saturday. Additionally, the legislation specifies factors to consider in determining a person’s intention regarding his domicile for voting purposes. The Senate version of the legislation differs as to the timeframe of the early voting period. It also differs as to provisions relating to absentee ballots and the effective date of the legislation. The legislation also includes technical differences. STATUS: H.3418 passed the House of Representatives and Senate in different versions, a conference committee has been appointed for the bodies to work out their differences. PHOTOGRAPH IDENTIFICATION REQUIREMENT FOR VOTING The legislation establishes a photograph identification requirement for voting. Under the legislation, when a person presents himself to vote, he shall produce a valid South Carolina driver’s license, other form of identification containing a photograph issued by the Department of Motor Vehicles (DMV), a passport, a military photo identification issued by the federal government, or a South Carolina voter registration card containing a photograph. The legislation requires one of the managers to compare the photograph contained on the required identification with the person presenting himself to vote and verify that the photograph is that of the person seeking to vote. If the elector cannot produce a valid South Carolina driver’s license or other approved form of identification, the elector may cast a provisional ballot that is counted only if the elector brings a valid photo identification to the board of voter registration prior to certification by the county board of canvassers. If the manager disputes that the photograph contained on the required identification is the person presenting himself to vote, the legislation establishes a process allowing the elector to cast a provisional ballot. The legislation provides an alternate process of affirming identity through completing an affidavit under penalty of perjury at the polling place and casting a provisional ballot in situations where an elector has a religious objection to being photographed or suffers from a reasonable impediment that prevents the elector from obtaining photograph identification. The legislation provides that the DMV shall issue a special identification card to a person who is at least seventeen years old at no charge; currently, there is a fee for the issuance of this special identification card. The State Elections Commission is required to implement a system for issuing voter registration cards with a photograph of the elector and establish an aggressive voter education program concerning the new provisions. The Senate version of the legislation differs as to the acceptable forms of photograph identification. It also differs as to provisions relating to absentee ballots and the effective date of the legislation. The legislation also includes technical differences. STATUS: H.3418 passed the House of Representatives and Senate in different versions, and on May 12, 2010, a conference committee was appointed.
ADMINISTRATION OF INFLUENZA VACCINES BY PHARMACISTS WITHOUT A DOCTOR’S PRESCRIPTION The legislation requires the Board of Medical Examiners to issue a written protocol for the administration of influenza vaccines to adults aged eighteen and over by pharmacists without an order of a practitioner no later than January 1, 2011. The written protocol must include provisions authorizing pharmacists to administer without an order of a practitioner those medications necessary in the treatment of adverse events. In order to assist and advise the Board of Medical Examiners in establishing this written protocol, the legislation establishes a Joint Pharmacist Administered Influenza Vaccines Committee to consist of seven members with experience regarding influenza vaccines. The committee is comprised of two physicians selected by the Board of Medical Examiners, two pharmacists selected by the Board of Pharmacy, and two advanced practice nurse practitioners selected by the Board of Nursing. One member of the Department of Health and Environmental Control designated by the Commissioner of the Department also shall serve on the committee. STATUS: Having passed the General Assembly, H.3393 was ratified on June 1, 2010 (R.269) and signed into law by the Governor on June 7. "ANN S. PERDUE INDEPENDENT AUTOPSY FAIRNESS ACT OF 2010" The legislation provides that if a patient dies in a hospital or a health care facility where invasive surgical procedures are performed, the person authorized to consent, has the right to have an autopsy performed. The hospital or health care facility must inform the person authorized to consent of this right in writing. The notification must inform the person that if there is a charge for the autopsy the cost is to be paid by a private source. This bill also requires a coroner or medical examiner to be notified if a person dies in a health care facility, excluding nursing homes, within 24 hours of entering the health care facility or within 24 hours after having undergone an invasive surgical procedure at the health care facility. If an autopsy is ordered by a coroner or medical examiner upon review of a death, the autopsy must not be performed at the health care facility where the death occurred or by a physician who treated the patient or is employed by the health care facility in which the death occurred. STATUS: Having passed the General Assembly, H.3735 was ratified on June 1, 2010 (R.271) and was signed into law by the Governor on June 2. AUTISM SPECTRUM DISORDER STUDY COMMITTEE ON EARLY INTERVENTION The legislation establishes the Autism Spectrum Disorder Study Committee on Early Intervention. Autism spectrum disorder is a bio-neurological developmental disability that generally appears before the age of three. The committee’s study will include, but is not limited to, researching the age children are screened and diagnosed; evaluating the ability of parents and professionals to recognize signs and to access screening, diagnostic, and intervention services; and evaluating the presence and effectiveness of education, training and program resources available to assist families and professionals in early recognition. The task force shall consist of fifteen voting members; composed of seven members to be appointed by the President Pro Tempore of the Senate. Of these members, one must be a member of the Senate; one must be a parent of a child with autism under six years of age; one must be a parent of a child with autism six through twenty-one years of age; one must be a pediatrician; one must be a developmental pediatrician; one must be a representative of an organization providing residential services for individuals with autism; and one must be a representative of the South Carolina Autism Society. Seven members must be appointed by the Speaker of the House of Representatives. Of these members, one must be a member of the House of Representatives; one must be a parent of a child with autism spectrum disorder over twenty-two years of age; one must be a parent of a child with autism spectrum disorder of any age; one must be a board certified behavior analyst; one must be a special education teacher; one must be a member of a county disabilities and special needs board; and one must be a representative of Autism Speaks. One member must be appointed by the Governor. In addition eleven persons representing state agencies that develop health care policies shall serve ex officio, as nonvoting members, and shall work together in a collaborative manner to serve as a resource to the task force. The study committee will convene no later than 60 days after the effective date of this joint resolution. Staffing for the committee must be provided by the Department of Disabilities and Special Needs and the appropriate committees of the Senate and the House of Representatives. Members of the study committee may not receive compensation and are not entitled to receive mileage, subsistence, and per diem. The study committee must submit its findings and recommendations no later than December 1, 2011, at which time the study committee is abolished. STATUS: The Senate returned H.4341, with amendments, to the House on June 2, 2010. ‘BORN-ALIVE’ LEGISLATION The House of Representatives approved legislation which provides that, in determining the meaning of any act or joint resolution of the General Assembly or in a regulation promulgated pursuant to Article 1, Chapter 23, Title 1, the words 'person', 'human being', 'child', and 'individual', must include every infant member of the species homo sapiens who is born alive at any stage of development. The term 'born alive', with respect to a member of the species homo sapiens, means the complete expulsion or extraction from the mother of that member, at any stage of development, who after the expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion. Nothing in this legislation may be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point before being 'born alive' as defined in this legislation. As passed by the Senate, the legislation includes two additional provisions: "Nothing in this subsection shall be construed to affect existing federal or state law regarding abortion." "Nothing in this subsection shall be construed to alter generally accepted medical standards." STATUS: Having passed the House of Representative and Senate in different versions, a conference committee has been appointed for the bodies to work out their differences with regards to H.3342. COMPREHENSIVE REVISIONS PERTAINING TO DEPARTMENT OF SOCIAL SERVICES (DSS) ABUSE AND NEGLECT PROCEEDINGS AS WELL AS ADOPTION Highlights of the legislation include the following: Family Preservation Pertaining to reasonable efforts made by DSS to preserve or reunify a family, this legislation allows a separate proceeding for this purpose. The court may consider the issue on the motion of a named party, the child’s guardian ad litem, or the foster care review board in certain circumstances. Among the list of reasons a court may authorize DSS to terminate or forego reasonable efforts to reunify the family, the bill allows the court to consider (1) actions the parent may have done to another child residing in the parent’s home and (2) the fact that the parent has a diagnosable condition unlikely to change within a reasonable time and the condition makes the parent unlikely to provide minimally acceptable care of the child. If the court authorizes or does not authorize DSS to terminate or forego reasonable efforts to preserve or reunify the family, the court must make certain specific findings. Further in making its determination, the court must not consider the availability or lack of adoptive resources as a reason to deny the request to terminate or forego reasonable efforts. When the court allows reunification efforts to terminate, DSS is required to file a petition for termination of parental rights (TPR) within 60 days unless there are compelling reasons why TPR is not in the child’s best interests. Placement Plans The legislation makes revisions to the placement plan a court must approve if the court orders that a child be removed from the custody of the parent. The first section of the placement plan must set forth changes that must occur in the home and family situation before the child can be returned. This section must also contain a notice to parents that failure to comply within six months may result in TPR. The second section of the plan must include specific actions to be taken by parents and outline what services are to be provided or made available to the parent. The third section of the plan shall set forth the rights and obligations of the parents while the child is in custody. The fourth section of the plan must address matters relating to the placement of the child. Before the court orders the return of a child, the court must find that the changes in the home and family situation have occurred and that the child can be safely returned home. Permanency Planning Hearings Under current law, the court is required to review the status of a child placed in foster care upon motion filed by DSS to determine a permanent plan for the child. This bill requires the DSS summons and petition for a permanency planning hearing to include a statement of whether or not the court has authorized the agency to forego or terminate reasonable efforts to reunify the family. This bill provides that extensions for reunification may not be provided beyond 18 months after the child was placed in foster care. The bill outlines when an extension for reunification may be granted. Adoption Under this bill, no person or entity other than DSS, a child placing agency licensed in this State, or an attorney licensed in this State may advertise that a person or entity will place or accept a child for adoption. A violation of this provision is a misdemeanor. Also, the family court shall enjoin a person or entity from violating this provision. The legislation includes a definition for the term "advertise". With regard to adoption of a spouse’s child or adoption of a child relative, this bill provides that, upon good cause shown, the court may waive the requirement that the adoption proceeding must be finalized in this State. STATUS: Having passed the General Assembly, S.1172 was ratified on May 6, 2010 (R.187) and was signed into law by the Governor on May 12 (Act No. 160). CONTINUITY OF HEALTH INSURANCE CARE FOR A SERIOUS MEDICAL CONDITION The General Assembly approved and the Governor signed into law H.3371. This legislation establishes new requirements for the continuation of care for a serious medical condition when a provider becomes out-of-network for a health insurance plan during the course of treatment. The legislation provides new requirements for health insurers covering such situations that allow the insured to receive continuity of care for ninety days or until the termination of the benefit period, whichever is greater. STATUS: Having passed the General Assembly, H.3371 was ratified on March 25, 2010 (R.158) and signed into law by the Governor on March 31 (Act No. 143). ELECTRONIC HEALTH INFORMATION STUDY COMMITTEE The General Assembly approved and the Governor signed into law H.3170, a joint resolution creating the Joint Electronic Health Information Study Committee to examine factors affecting the adoption of health information technology in this state and make recommendations on how the use of health information technology and electronic personal health records could be expanded in order to reduce medical errors, improve diagnoses, and enhance the quality and efficiency of health care. The committee is composed of: (1) three members appointed by the Governor; (2) three members of the House of Representatives appointed by the Speaker of the House of Representatives; and (3) three members of the Senate appointed by the President Pro Tempore of the Senate. The staffing for the committee must be provided by the Department of Health and Human Services and the appropriate committees of the Senate and House of Representatives that oversee health care policy. The members of the committee may not receive compensation and are not entitled to receive mileage, subsistence, and per diem. The committee shall submit its report to the General Assembly and Governor before February 15, 2011, at which time it is abolished. STATUS: Having passed the General Assembly, H.3170 was ratified on March 25, 2010 (R.156) and signed into law by the Governor on March 31. GRANDPARENT VISITATION This legislation provides that the family court has the jurisdiction to order visitation for the grandparent of a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living separate and apart in different habitats, if the court finds that the child's parents or guardians are depriving the grandparent of the opportunity to visit with the child and: (a) the court finds by clear and convincing evidence that the child's parents or guardians are unfit; or (b) the court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child's best interest. The judge presiding over this matter may award attorney's fees and costs to the prevailing party. Pending Senate amendments added that a grandparent had to have had a prior parent-child relationship established with the child. STATUS: On June 3, 2010, the Senate returned S.981, with amendments, to the House. MASS IMMUNIZATION PROJECTS The bill expands the immunity provision to cover all licensed nurses who participate in a mass immunization project. The bill also requires DHEC to establish a statewide immunization registry. The information will be covered by HIIPA and state health care privacy laws. STATUS: Having passed the General Assembly, H.4446 was ratified on May 25, 2010 (R.244) and became law without the Governor’s signature on June 1. PREREQUISITES FOR PERFORMING AN ABORTION As passed by the House of Representatives, this legislation provides if an ultrasound is performed, an abortion must not be performed sooner than 24 hours, rather than 60 minutes, following the completion of the ultrasound. The legislation provides that a woman also must be informed by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician of the procedure to be involved and by the physician who is to perform the abortion of the probable gestational age of the embryo or fetus, verified by an obstetric ultrasound, if performed, at least twenty-four hours before an abortion is performed. The legislation further provides that an abortion may not be performed sooner than 24 hours, rather than one hour, after the woman receives certain written materials. As passed by the Senate, the legislation provides that at least 24 hours prior to an abortion, a woman must be notified in writing of her right to review certain materials prepared by the State. The legislation allows for the electronic transfer of this information and for the Internet publication of these materials. If a woman chooses to exercise her right for an ultrasound prior to an abortion, then no abortion procedure may be performed until at least 24 hours have elapsed. The legislation includes provisions as to how the ultrasound may be used, and it includes provisions pertaining to the liability of certain providers of ultrasounds. Whether or not a woman exercises her right to an ultrasound, a physician or an allied health provider who is to perform an abortion may perform any medical procedure necessary for safety. Medical procedures may not subject the woman to any further waiting period. The legislation requires a woman to make certain certifications in writing including that she has been informed of her right to have and ultrasound prior to an abortion and that she has been informed of her right to view images produced during the ultrasound. The certification must also indicate whether the woman chose to exercise her right to an ultrasound. If she did, then the woman must certify that at least 24 hours has elapsed since the ultrasound procedure was completed. The legislation allows the abortion to be performed 24 hours after the time the woman certifies as being when she received all the required information. The legislation requires the Department of Health and Environmental Control (DHEC) to publish information about providers that offer ultrasounds free of charge. DHEC must also publish a plainly worded explanation of how a woman may calculate gestational age. DHEC must publish a scientifically accurate statement concerning the contribution that each parent makes to the genetic constitution of their biological child. DHEC must also publish forms for notification, certifications and verifications. This legislation provides for an exception for medical necessity, and it defines the term. STATUS: Having passed the House of Representatives and Senate in different versions, a conference committee has been appointed for the bodies to work out their differences with regards to H.3245. REPORT CERTAIN ALLEGATIONS OF CHILD ABUSE OR NEGLECT This legislation includes a school attendance officer, foster parent, juvenile justice worker, and a volunteer guardian ad litem among the people who must report certain allegations of abuse or neglect. The bill also encourages other people to report this abuse. Status: Having passed the General Assembly, H. 3800 was ratified on June 1, 2010 (R.273) and became law without the Governor’s signature on June 8.
ABSENCE BY THE GOVERNOR Whenever the Governor leaves the State, this legislation requires that he notify the Lieutenant Governor, whether or not the power of the Governor’s Office is transferred to the Lieutenant Governor. The legislation defines certain terms relating to powers of the Lieutenant Governor during the absence of the Governor; defined terms include: emergency, full authority and temporary absence. The legislation clarifies when a Lieutenant Governor has the full authority to act in an emergency in the event of the temporary absence of the Governor from the State. STATUS: The House non-concurred with Senate amendments for S.901 on June 3, 2010. CONCURRENT RESOLUTION AFFIRMING THE RIGHTS OF SOUTH CAROLINA UNDER PROVISIONS OF THE UNITED STATES CONSTITUTION The resolution provides that the General Assembly claims for the State of South Carolina sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution. The resolution provides that it is the policy of the state that: no law shall interfere with the right of a person to be treated by or receive services from a health care provider of that person’s choice; no law shall restrict a person’s freedom of choice of private health care systems or private health care plans of any type; no law shall interfere with a person’s or an entity’s right to pay directly for lawful medical services; and no law shall impose a tax, penalty, or fine, of any type, for choosing a health care provider, to obtain or decline health care coverage or for participation in any particular health care system or plan. The resolution claims freedom from all laws and mandates that violate the rights granted under the Second, Ninth, and Tenth Amendments to the United States Constitution and serves as notice and demand to the federal government, as South Carolina’s agent, to cease and desist immediately all mandates that are beyond the scope of the federal government’s constitutionally delegated powers. STATUS: S.424 was adopted by the Senate on January 19, 2010. On February 25, 2010, the House of Representatives returned the legislation to the Senate with amendments on February 2, 2010. On February 25, 2010, the Senate returned the legislation to the House on February 25, 2010. On March 9, 2010, the House concurred in the Senate’s amendments. DUTIES AND POWERS OF THE STATE ETHICS COMMISSION This legislation deletes the current prohibition of the release of information by the State Ethics Commission until final disposition of an ethics investigation. This bill authorizes the release of information regarding an ethics investigation once a finding of probable cause or dismissal has been made. Also allows appropriate offices to determine if errors on campaign reports are technical violations. STATUS: Having passed the General Assembly, H.4542 was ratified on June 7, 2010 (R.329) and vetoed by the Governor June 11. ELECTRONIC FILING OF CAMPAIGN DISCLOSURE AND REPORTS This legislation provides that electronic filing of campaign disclosure and reports provisions are applicable to all persons subject to the state’s Ethics and lobbying laws, including candidates for local government offices, lobbyists, and lobbyist principals. STATUS: Having passed the General Assembly, H.3066 was ratified on May 25, 2010 (R.237) and signed into law by the Governor on May 28, 2010 (Act No. 190). JURY SERVICE BY EDUCATORS This legislation allows a public or private school employee, a person primarily responsible for the elementary or secondary education of a child in a home or charter school, or a person who is an instructor at an institution of higher learning including a technical college selected for jury service during the school term to request and have his service postponed to a date that does not conflict with the school term. School term means the instructional school year, generally from September 1 until May 30 or not more than 190 days. The bill provides that a person selected for jury service who requests postponement must provide certain evidence of educational responsibilities during a home or charter school term coinciding with the dates of jury duty. The legislation makes technical changes regarding excusing jurors for good cause. STATUS: Having passed the General Assembly, S.1300 was ratified on May 25, 2010 (R. 230) and signed into law by the Governor May 28 (Act No. 187). Click here for Part 3 |
