This Document Is Prepared and Compiled by the South Carolina Legislative Council As a Reference

FOREWORD

This document is prepared and compiled by the South Carolina Legislative Council as a reference to all Acts passed during the 2003 Legislative Session of the General Assembly of the State of South Carolina. Legislative Council, which prepares the Acts for ratification and publishes the Code of Laws for the State of South Carolina, offers this summary of the statewide legislation acted on by the General Assembly. For your convenience and ease of use, we have included a subject matter index to the enacted legislation, and a cross-reference to specific sections of the Code of Laws and how they are affected by the latest legislation. In all instances, users of this document are urged to examine as well the full text of the Act itself and any existing judicial opinions interpreting the effects of the Act. Text for local and temporary legislation can be found via the internet at

As of the date of this publication approximately three Acts of the General Assembly were still awaiting action by the Governor and these are reflected in this publication without an act number.

Also included with the summary is an index and synopsis of regulations passed by the General Assembly.

We welcome your comments as to how we can best serve you, and look forward to the upcoming legislative session.

SOUTH CAROLINA GENERAL ASSEMBLY

LEGISLATIVE COUNCIL

TABLE OF CONTENTS

Foreword

I.2003 Statewide Acts...... Page 1

II.Local and Temporary Acts and Joint Resolutions...... Page 87

III.Regulations...... Page 89

Contents

Synopses

IV.Index...... Page 111

2003 ANALYSIS

OF STATEWIDE LEGISLATION

SOUTH CAROLINA GENERAL ASSEMBLY

LEGISLATIVE COUNCIL

(A6, R11, H3344)Effective: 3/12/03

Public Service Commission; Telephone companies, Broadband service

TO AMEND SECTION 58910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTINENT TO THE REGULATION OF TELEPHONE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR “BROADBAND SERVICE”; AND TO AMEND SECTION 589280, AS AMENDED, RELATING TO THE CIRCUMSTANCES REQUIRING A TELEPHONE COMPANY TO OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO EXEMPT BROADBAND SERVICE FROM REGULATION BY THE PUBLIC SERVICE COMMISSION AND TO PROVIDE AN EXCEPTION FOR FACILITIES USED BY RURAL TELEPHONE COMPANIES FOR THE PROVISION OF BROADBAND SERVICE, TO CLARIFY THAT THIS ACT DOES NOT AFFECT THE COMMISSION’S AUTHORITY WITH RESPECT TO SERVICES OTHER THAN BROADBAND SERVICE AND DOES NOT RELIEVE AN INCUMBENT LOCAL EXCHANGE CARRIER OF ITS OBLIGATIONS UNDER FEDERAL LAW TO PROVIDE NEW LOCAL EXCHANGE CARRIERS WITH UNBUNDLED ACCESS TO NETWORK ELEMENTS OR INTERCONNECTION, TO SPECIFY INFORMATION THAT THE COMMISSION MUST COMPILE IN ORDER TO MONITOR THE STATUS OF LOCAL TELEPHONE COMPETITION IN THE STATE, AND TO PROVIDE THAT THIS ACT DOES NOT PRECLUDE THE COMMISSION FROM ASSESSING BROADBAND SERVICE REVENUES FOR PURPOSES OF CONTRIBUTIONS TO THE USF.

ANALYSIS: Self explanatory

(A7, R20, S167)Effective: 3/20/03

Sharks, limits and other provisions which apply to taking

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5051707 SO AS TO PROVIDE FOR LIMITS ON SPECIFIED SHARKS; AND TO AMEND SECTION 5052725, AS AMENDED, RELATING TO SHARK CATCH LIMITS, SO AS TO FURTHER PROVIDE FOR CERTAIN FEDERAL PROVISIONS WHICH APPLY TO THE TAKING OF SHARKS.

ANALYSIS: This act first provides for catch limits on specific types of sharks in state waters when taken for other than a commercial purpose. This act further provides for those federal laws and regulations which apply to shark catch limits.

(A8, R25, S9)Effective: 4/21/03

Local government, special purpose district, public finance, joint agency

TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE “JOINT AGENCY ACT” AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE, AND SPECIFICALLY THOSE CREATED AND ESTABLISHED FOR THE PURPOSE OF FURNISHING NATURAL GAS THROUGHOUT THEIR RESPECTIVE AREAS, JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS OR OTHER UNDERTAKINGS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.

ANALYSIS: This act provides for the joint pursuit by natural gas authorities of projects and other undertakings.

(A9, R26, S71)Effective: 4/21/03

Taxation, property extensions on returns, and payment for certain service personnel

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1239360 SO AS TO PERMIT A COUNTY TO EXTEND THE DATE FOR FILING RETURNS AND PAYMENT OF PROPERTY TAXES FOR UNITED STATES ARMED FORCES OR NATIONAL GUARD PERSONNEL SERVING IN OR NEAR A HAZARD DUTY ZONE.

ANALYSIS: Self explanatory

(A10, R28, S165)Effective: 4/23/03

Migratory birds to be hunted consistent with federal law; prohibitions; penalties

TO AMEND SECTION 501110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

ANALYSIS: Revision of provisions requiring that migratory birds be hunted consistent with federal law; prohibitions; penalties

(A11, R29, S168)Effective: 4/23/03 without the signature of the Governor

Migratory birds to be hunted consistent with federal law; prohibitions; penalties

ANALYSIS: Revision of provisions requiring that migratory birds be hunted consistent with federal law; prohibitions; penalties

(A12, R33, S340)Effective: 4/21/03

State Retirement Systems, South Carolina Retirement Systems Claim Procedure Act, Additional definitions for “peace officer”

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 9 ENACTING THE SOUTH CAROLINA RETIREMENT SYSTEMS CLAIMS PROCEDURES ACT SO AS TO PROVIDE THE REMEDIES AVAILABLE IN A DISPUTE OR CONTROVERSY BETWEEN THE SOUTH CAROLINA RETIREMENT SYSTEMS AND A MEMBER OR DESIGNATED BENEFICIARY OF A MEMBER OF ANY OF THE RETIREMENT SYSTEMS ESTABLISHED IN TITLE 9; TO AMEND SECTION 91125, AS AMENDED, RELATING TO DEFINITIONS OF “POLICE OFFICER” FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCLUDE WITHIN THE DEFINITION AN EMPLOYEE AFTER JANUARY 1, 2000, OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH HIRED AS A PEACE OFFICER, AND TO AMEND SECTION 241280, AS AMENDED, RELATING TO THE STATUS AS A PEACE OFFICER OF EMPLOYEES OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS AND SOUTH CAROLINA DEPARTMENT OF JUVENILE JUSTICE WHO ARE HIRED TO PERFORM DUTIES RELATING TO CUSTODY, CONTROL, TRANSPORTATION, AND RECAPTURE, SO AS TO INCLUDE IN THAT STATUS AN EMPLOYEE OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH HIRED TO PERFORM SIMILAR DUTIES.

ANALYSIS: This act adds a new Chapter 21 in Title 9 of the 1976 Code enacting “The South Carolina Retirement Systems Claims Procedures Act.” This new chapter, when it takes effect, will be the exclusive remedy for resolving claims between the retirement systems and its members. The act establishes the method of disputing a retirement system decision in both an administrative and judicial setting. A claim must:

(1)be brought by the member or the member’s designated beneficiary;

(2)be in writing and filed with the director within one year of the adverse decision; and

(3)include the basis for the claim.

The State Budget and Control Board, under this new act, shall establish procedures for resolving claims that allow a member to make a claim in writing or in conference before the system makes a final decision. The act prohibits any retroactive benefits or other relief for a period of more than one year before the claim is filed. A final adverse decision of the retirement system must be in writing, explain the basis for the decision, and advise the claimant of the right to appeal the decision to the Administrative Law Judge Division. Review by the Administrative Law Judge Division is de novo. Appeal beyond the Administrative Law Judge Division lies with the Richland County Court of Common Pleas.

Unrelated to the new claims procedures, this act extends the definitions necessary to allow peace officers employed by the Department of Mental Health to participate in the South Carolina Police Officers Retirement System.

(A13, R34, S341)Effective: 4/21/03

State Budget and Control Board, State Retirement System Investment Panel, Indemnification

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 111440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD, THE BOARD’S OFFICERS AND MANAGEMENT EMPLOYEES, AND LEGISLATIVE EMPLOYEES PERFORMING DUTIES FOR BOARD MEMBERS AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD OR LEAVE LEGISLATIVE EMPLOYMENT IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.

ANALYSIS: Self explanatory

(A14, R35, S344)Effective: 4/23/03 without the signature of the Governor

Teacher Recruitment Center name changed

TO AMEND SECTION 592555, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEACHERS, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA CENTER FOR TEACHER RECRUITMENT TO THE CENTER FOR EDUCATOR RECRUITMENT, RETENTION, AND ADVANCEMENT OF SOUTHCAROLINA (CERRASOUTH CAROLINA).

ANALYSIS: Self explanatory

(A15, R36, S361)Effective: 4/23/03 without the signature of the Governor

Illegal sale or possession of the eggs of certain fish and snakehead fish and their eggs

TO AMEND SECTION 50131630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND TRAFFIC IN FISH, SO AS TO PROHIBIT THE SALE, POSSESSION, OR IMPORTATION OF THE EGGS OF CERTAIN FISH, AND THE SALE, POSSESSION, OR IMPORTATION OF SNAKEHEAD FISH.

ANALYSIS: This act provides that it is illegal to possess or sell the eggs of certain fish and snakehead fish and their eggs.

(A16, R39, S448)Effective: 4/21/03

Liquid petroleum gas, storage capacity requirements and storage agreement provisions

TO AMEND SECTION 4082240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIQUID PETROLEUM GAS DEALER STORAGE CAPACITY REQUIREMENTS SO AS TO PROVIDE THAT A DEALER MUST HAVE OR HAVE ACCESS TO FACILITIES WITH A CAPACITY OF A MINIMUM 30,000 WATER GALLONS WITHIN CLOSE PROXIMITY TO THE AREA TO BE SERVED, TO PROVIDE FOR REQUIREMENTS OF SUCH AN AGREEMENT TO ACCESS, AND TO DELETE THE PROVISION REQUIRING LEASED STORAGE CAPACITY TO BE DEDICATED TO THE EXCLUSIVE USE OF THE LESSEE.

ANALYSIS: This act revises the requirement for a liquid petroleum gas dealer to have a storage capacity of 30,000 gallons by allowing a dealer to lease such storage space, by deleting the provision that such rental must be for the exclusive use of one dealer, and by providing that if the storage space is leased, the term of the contract must coincide with the dealer’s licensing period.

(A17, R42, S508)Effective: 4/21/03

Continuance required when active duty reservist is a party or attorney to a case

TO AMEND SECTION 2512260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A JUDGE’S DUTY TO GRANT A CONTINUANCE IN A COURT CASE WHEN A PARTY OR HIS ATTORNEY IS ON ACTIVE DUTY AS A MEMBER OF THE NATIONAL GUARD, SO AS TO ALSO REQUIRE A JUDGE TO GRANT A CONTINUANCE IN A COURT CASE WHEN A PARTY OR HIS ATTORNEY IS ON ACTIVE DUTY AS A MEMBER OF THE RESERVES.

ANALYSIS: This act provides that a member of the reserves on active duty must be granted a continuance by a judge when the reservist is a party or an attorney in a case.

(A18, R44, H3078)Effective: 4/21/03

Local correctional facility defined

TO AMEND SECTION 2413470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, DETAINEE, PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST, SO AS TO PROVIDE THAT THE TERM “LOCAL CORRECTIONAL FACILITY” INCLUDES, BUT IS NOT LIMITED TO, A LOCAL DETENTION FACILITY.

ANALYSIS: This act defines the term “local correctional facility” to include, but not be limited to, a local detention facility.

(A19, R45, H3163)Effective: 4/23/03 without the signature of the Governor

Attorney, appointment of, by judge, court, or court official shall not be made without being authorized by statute; transfer of funds by Commission on Indigent Defense

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 141235 SO AS TO PROHIBIT A JUDGE, COURT, OR COURT OFFICIAL FROM APPOINTING AN ATTORNEY TO REPRESENT A PARTY IN A CIVIL ACTION UNLESS THE AUTHORITY TO MAKE THE APPOINTMENT IS PROVIDED SPECIFICALLY BY STATUTE; AND TO AUTHORIZE THE COMMISSION ON INDIGENT DEFENSE TO TRANSFER UNSPENT FUNDS FROM THE PREVIOUS FISCAL YEAR TO THE OFFICE OF APPELLATE DEFENSE TO HELP THE OFFICE OFFSET BUDGET REDUCTIONS.

ANALYSIS: Self explanatory

(A20, R46, H3198)Effective: 4/21/03

Family Privacy Protection Act; use of “state agency” information prohibited

TO AMEND SECTION 30230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE FAMILY PRIVACY PROTECTION ACT, SO AS TO CLARIFY THE DEFINITION OF “COMMERCIAL SOLICITATION”, WHICH EXCLUDES FROM THE DEFINITION NOTIFICATION OF CONTINUING EDUCATION SPONSORED BY NONPROFIT ASSOCIATIONS, SO AS TO DELETE THE REFERENCE TO NONPROFIT ASSOCIATIONS; AND TO AMEND SECTION 30250, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE “STATE AGENCY” FOR “PUBLIC BODY” AND TO FURTHER PROVIDE THAT THE FAMILY PRIVACY PROTECTION ACT DOES NOT APPLY TO A LOCAL GOVERNMENTAL ENTITY OF A SUBDIVISION OF THIS STATE OR LOCAL GOVERNMENT.

ANALYSIS: Self explanatory

(A21, R47, H3274)Effective: 4/21/03

School trustees, matriculation and incidental fees

TO AMEND SECTION 591990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO REVISE THE MANNER IN WHICH MATRICULATION AND INCIDENTAL FEES MAY BE CHARGED BY SCHOOL DISTRICTS INCLUDING PROVISIONS TO EXEMPT CERTAIN STUDENTS FROM THESE FEES.

ANALYSIS: This act amends Section 591990 which relates to general powers and duties of school trustees. Under this section in item (8), school trustees are authorized to charge matriculation and incidental fees from pupils when allowed by special act of the General Assembly. This act eliminates the requirement that it be allowed by special act of the General Assembly and further provides that regulations or policies adopted by the board regarding charges and collections must take into account the students’ ability to pay and must hold the fee to a minimum reasonable amount. Fees may not be charged to students eligible for free lunches and must be reduced pro rata for students eligible for reduced price lunches.

(A22, R48, H3299)Effective: 4/23/03 without the signature of the Governor

Seasons for hunting raccoon, opossums, or fox, Game Zones 1 through 9

TO AMEND SECTION 5011120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO CHANGE THE HUNTING SEASON FOR RACCOON AND OPOSSUM IN GAME ZONES 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11, AND TO CHANGE THE METHOD OF HUNTING RACCOON AND OPOSSUM IN CERTAIN GAME ZONES; AND TO AMEND SECTION 5011140, AS AMENDED, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOON, OPOSSUM, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE ANIMALS DURING THE PERIOD IN WHICH RACCOONS, OPOSSUMS, OR FOX ARE ALLOWED TO BE HUNTED WITHOUT WEAPONS.

ANALYSIS: Amends Section 5011120 so as to change seasons for hunting raccoon and opossum without weapons and dogs only in certain game zones; to change the season for hunting raccoon and opossum with weapons and dogs in Game Zone 9; and provide that it is unlawful to take or attempt to take animals during a period in which raccoons, opossums, or fox are allowed to be hunted without weapons.

(A23, R49, H3353)Effective: 4/23/03 without the signature of the Governor

Revision of provisions relating to: possession, hunting, and release of fox, coyote, coyotehybrids, and wolves; permitting of certain hunting enclosures; and trapping with commercial fur licenses

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 11, TITLE 50, SO AS TO PROVIDE FOR REGULATION AND PERMITTING OF FOX AND COYOTE HUNTING ENCLOSURES, PROVIDE THAT IT IS UNLAWFUL TO BUY, SELL, TRANSFER, POSSESS, OR RELEASE A LIVE COYOTE, COYOTEHYBRID, OR FOX WITHIN THE STATE EXCEPT AS PERMITTED BY THE DEPARTMENT OF NATURAL RESOURCES PURSUANT TO THIS TITLE, TO REGULATE THE PURCHASE, SALE, POSSESSION, TRAPPING, DESTRUCTION, OR RELEASE OF CERTAIN ANIMALS IN THIS STATE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; TO AMEND SECTION 5011710, AS AMENDED, RELATING TO NIGHT HUNTING BEING UNLAWFUL WITH CERTAIN EXCEPTIONS, SO AS TO INCLUDE COYOTES WITHIN THE EXCEPTIONS TO NIGHT HUNTING; TO AMEND SECTION 50111145, RELATING TO TRAPPING AND RELEASE OF PREDATORY ANIMALS WITHIN ENCLOSURES FOR RUNNING RABBITS, SO AS TO PROVIDE FOR TRAPS THAT MAY BE USED AND FOR THE RELEASE OR DESTRUCTION OF CERTAIN PREDATORY ANIMALS; TO AMEND SECTION 50111765, AS AMENDED, RELATING TO POSSESSION, SALE, OR IMPORTATION OF LIVE WOLVES AND COYOTES, SO AS TO DELETE COYOTES FROM THE SECTION; TO AMEND SECTION 50112480, AS AMENDED, RELATING TO PERSONS NOT REQUIRED TO OBTAIN FUR DEALER, BUYER, OR PROCESSOR’S LICENSE, SO AS TO PROVIDE THAT AN OWNER OR OPERATOR OF A FOX AND COYOTE HUNTING ENCLOSURE WHO PURCHASES LIVE FOXES OR COYOTES FOR RELEASE INTO THE ENCLOSURE IS NOT REQUIRED TO OBTAIN A FUR DEALER, BUYER, OR PROCESSOR’S LICENSE; TO AMEND SECTION 50112460, RELATING TO TRAPS ALLOWED FOR TRAPPING AND BEARING THE OWNER’S NAME AND ADDRESS, SO AS TO PROVIDE FOR WHEN CERTAIN BODY GRIPPING TRAPS AND CERTAIN FOOTHOLD TRAPS MAY BE USED; AND TO REPEAL SECTION 50111760, RELATING TO BRINGING INTO OR RELEASING A COYOTE IN THIS STATE BEING UNLAWFUL, SECTION 50111770, RELATING TO THE SALE OR SHIPMENT OF LIVE FOXES WITHIN THE STATE BEING UNLAWFUL, SECTION 50112410, RELATING TO THE USE OF CERTAIN TRAPS BEING PROHIBITED, AND SECTION 50112415, RELATING TO THE USE OF CERTAIN RUBBER PADDED STEEL FOOTHOLD TRAPS TO CAPTURE FOX.