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2005 Summary of New State Laws - South Carolina

(Preliminary List of 2005 Approved/Pending Legislation)

Issue

Bill #

Bill Description

Miscellaneous

(Modifications to Building Code)

HB 3026

Allows that certain modifications do not require re-adoption for subsequent editions of the building code. Effective: 3/22/2005. P.L. 28 (2005).

(Safety Requirements for Amusement, Carnival Devices)

HB 3130

Requires riders of amusement and carnival devices to comply with certain safety requirements, report injuries in a timely manner, post sign relating to rider safety and establish a misdemeanor for violations. Effective: 1/1/2006. P.L. 30 (2005).

(Fire Protections Systems Act)

HB 3383

Enacts the Fire Protection Sprinkler Systems Act, which includes provisions to license and regulate the fire sprinkler systems industry. Vetoed by governor on 6/7/2005.

(DMV to Report Fees, Penalties)

SB 424

Provides that the DMV annually must provide the SC Transportation Bank a report for the previous fiscal year that lists the total amount of fees and penalties it collected pursuant to the provisions that assess registration and licensing fees for self-propelled property carrying vehicles and licensing fees for farm trucks; provides that a portion of the fees shall no longer be placed in a special restricted account to be used by the DMV for costs associated with the production and issuance of new license plates. Effective: 5/17/2005. P. L. 57 (2005).

(Construction Contract Performance Provisions)

SB 365

Relates to bond and security for construction contract performance and payment. Effective: 6/1/2005. P. L. 117 (2005).

(Accessibility Committee for Building Codes Council)

SB 580

Creates an Accessibility Committee for the Building Codes Council to advise the Council on matters of accessibility to buildings, structures, and facilities by persons with disabilities. Effective: 5/23/2005. P.L. 67 (2005).

(Boiler Regulations)

SB 581

Relates to the promulgation of regulations for the safe installation and inspection of boilers in the state. Effective: 5/18/2005. P. L. 59 (2005).

(Professional Employer Organization Requirements)

SB 637

Changes the term “staff leasing services” to “professional employer organizations” and specifies the insurance information that an organization must provide to employees and the Department of Consumer Affairs. Effective: 6/2/2005. Became law without Governor’s signature.

(Amusement Ride Safety Requirements)

SB 803

Defines terms and makes changes related to safety of amusement rides. Effective: 5/18/2005. P.L. 60 (2005).

Motor Vehicle Insurance

(Vehicle Registration Cards)

HB 3126

Relates to the issuance, content, possession, and display of a vehicle registration card. Effective: 3/22/2005. P. L. 29 (2005).

(Farm Trucks Defined)

HB 3312

Revises the definition of “farm truck.” Effective: 5/16/2005. P.L. 62 (2005).

(Seat Belt Guidelines)

SB 1

Establishes guidelines for drivers to wear a seat belt and having a restraint system for children and provides $25 penalty for any violation. Become law without governor’s signature.

(Motor Carrier Transportation Contracts)

SB 106

Provides that a provision affecting a motor carrier transportation contract that indemnifies, defends, or hold harmless the contract’s promise from or against liability or loss or damage resulting from the negligence or intentional acts. Effective: 4/19/2005. P.L. 35 (2005).

(Violations for Driving in Left Lane)

SB 307

Provides the circumstance when it is lawful to drive a vehicle in the left lane of an interstate highway, and to provide the circumstance under which a traffic ticket may be issued for the violation of this provision. Vetoed by governor on 6/7/2005.

(Commercial Driver’s License Changes)

SB 406

Makes several changes to the commercial driver’s license program to comply with Federal Motor Carrier Safety Regulations. Effective: 5/3/2005. P. L. 42 (2005).

(Low Speed Vehicles)

SB 737

Provides for the operation, titling and sale of low speed vehicles and makes other changes to driver’s licenses. Effective: Six months from date of Governor’s signature. Gov. signed 6/7/2005.

Tort Reform

(Civil Justice Reforms)

HB 3008

The South Carolina Economic Development, Citizens, and Small Business Protection Act of 2005 include a number of civil justice reforms. Effective: Varies by Act. P.L. 27 (2005).

(Medical Malpractice Reforms)

SB 83

Creates several medical malpractice reforms. Effective: 4/6/2005. P.L. 32 (2005).

Workers’ Compensation

(Law Enforcement Officer Disability Determination)

SB 75

Provides that a cardiac-related incident resulting in impairment or injury to a law enforcement officer resulting in total or partial disability, or death, is presumed to have arisen out of and in the course of employment if this impairment or injury developed while actively engaged in, or within twenty-four hours from the date of, a law enforcement incident involving unusual or extraordinary physical exertion, unless the contrary is shown by competent evidence. Effective: 6/2/2005. Became law without Governor’s signature. P. L. 108 (2005).

(Code of Judicial Conduct for Commissioners)

SB 127

Provides that Workers’ Compensation Commissioners be bound to a code of judicial conduct and they and their administrative assistants attend yearly workshops on ethics and the administrative procedures act. Effective: 4/15/2005. P.L. 36 (2005).

(Constable Premium Payments)

SB 135

Deletes the requirements that the governing body of the entity using a voluntary state constable’s services must approve and fund the premiums for his participation in the workers’ comp system and instead provide that the workers’ comp premiums for these constables must be paid from the state general fund upon warrant of the chief of the state law enforcement division. Effective: 5/31/2005. Became law without Governor’s signature. P.L. 80 (2005).

(Salary of Administrative Director)

SB 491

Ties the maximum salary paid to the administrative director to the salary paid to commissioners instead of circuit judges. Effective: 5/26/2005. P.L. 99 (2005).

(Benefits for Prisoners Working for Municipality)

SB 557

Authorizes a municipality to provide workers’ compensation benefits to prisoners working for the municipality. Effective: 6/1/2005. P.L. 118 (2005).

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.

Posted: Thursday, June 09, 2005 12:00:00 AM. Modified: Thursday, January 12, 2006 4:07:55 PM.

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