South Carolina House of Representatives
David H. Wilkins, Speaker of the House
OFFICE OF RESEARCH
Room 213, Blatt Building, P.O. Box 11867, Columbia, S.C. 29211, (803) 734-3230
NOTE: Bill summaries included in this document are prepared by the staff of the South Carolina House of Representatives and are not the expression of the legislation's sponsor(s) or the House of Representatives. The summaries are strictly for the internal use and benefit of members of the House of Representatives and are not to be construed by a court of law as an expression of legislative intent.
The House of Representatives approved and sent to the Senate two measures to shorten sessions of the General Assembly. H.3380 is a PROPOSED CONSTITUTIONAL AMENDMENT TO SHORTEN THE LEGISLATIVE SESSION BY REVISING ANNUAL COMMENCEMENT. This joint resolution proposes an amendment to the Constitution of South Carolina, relating to sessions of the General Assembly, so as to provide for annual sessions of the General Assembly commencing at varying times in even-numbered years and odd-numbered years. The proposed amendment provides that the annual session of the General Assembly shall convene at the State Capitol in the City of Columbia on the second Tuesday of January in even-numbered years and on the second Tuesday in February in odd-numbered years. The proposed amendment provides for an organizational session for the Senate in certain years. The proposed amendment provides for other revisions regarding the elimination of certain obsolete language, provisions for the election of officers of the General Assembly, provisions for certain meetings for the introduction and referral to committee of legislation, and provisions for certain committee meetings. H.3378 SHORTENS THE LEGISLATIVE SESSION BY REVISING THE TIME OF ANNUAL ADJOURNMENT. The bill changes the date for the mandatory adjournment of the General Assembly from the first Thursday in June to the second Thursday in May. The bill also provides that in any year that the House of Representatives fails to give third reading to the appropriations bill by March 15th, rather than March 31st, the date of adjournment is extended by one statewide day for each statewide day after March 15th, rather than March 31st, that the House fails to give the bill third reading. The House approved and sent to the Senate H.3320, a bill that PROHIBITS NAMING A STATE ROAD, HIGHWAY, OR INTERSTATE, OR ANY PORTION THEREOF, FOR A PERSON WHO IS LIVING. The provisions of the bill take effect upon approval of the Governor and apply to such roadways not yet officially named for a living person as of the bill's effective date. The House approved and sent to the Senate H.3355, which enacts the "SOUTH CAROLINA DAIRY STABILIZATION ACT." This bill creates a 13 member South Carolina Milk Board (the Board), whose duties, among other things, are to ensure that dairy producers receive fair market breakeven prices, to monitor the consumption and distribution of South Carolina produced milk, and to mediate differences between milk producers and buyers. The bill provides for the membership of the Board. The bill provides for the Board to appoint an executive director who shall serve ex-officio as a non-voting Board member. Principal offices of the Board will be within the South Carolina Department of Agriculture building. H.3355 provides that the Board is an instrumentality of the State and is authorized to make, adopt, and enforce regulations and issue and enforce orders necessary to carry out the purposes of the bill.
The bill requires and provides for buyer fees to be collected on all fluid milk produced in this State, and the bill requires that funds from these fees must be deposited into a special fund (the Dairy Producers Settlement Fund) and disbursed, as provided in the bill, to all producers in the State who sold or shipped milk in the month when prices fell below the fair market breakeven amount as determined by the Board. H.3355 prohibits a milk buyer from engaging in the purchase of South Carolina milk until having obtained a license from the Board. The Board is authorized, among other actions, to invoke a monetary penalty for buyers who violate the provisions of the bill. Funds from such penalties would be deposited into the Dairy Producers Settlement Fund.
The bill requires and provides for the Board to develop an accounting system designed to show for each buyer of fluid milk under the Board's supervision, the total purchases of South Carolina milk by the buyer and the sales of milk sold in this State. The bill further requires that buyers under the supervision of the Board use this system of accounting. H.3355 provides that violations of the provisions of the bill are a misdemeanor punishable by fine or imprisonment, and multiple violations may result in license or permit revocation.
The bill requires the Board to prepare an annual budget and requires the Board to collect funds required for operation of the bill's provisions from the State's dairy producers. Expenses of the Board must be met by an assessment of up to one cent per gallon of milk produced in this State. The provisions of H.3355 are repealed on July 1, 2012. The House and Senate voted to override the Governor's veto on Joint Resolution H.5136 of 2004, which provides for a MORATORIUM ON THE ISSUANCE OF NEW AMBULANCE SERVICE LICENSES. The joint resolution directs the Department of Health and Environmental Control to cease issuing new ambulance licenses for more than one hundred twenty days or until the department has the necessary personnel to enforce existing licensure requirements. The legislation provides an exception if a demonstrated need exists. The legislation provides licensure renewal requirements.
The full Committee did not meet this week.
The Education and Public Works Committee reported out three bills this week. The Committee reported favorable with amendment on S.1, a bill which DELETES THE CURRENT PROVISION WHICH PROHIBITS A LAW ENFORCEMENT OFFICER FROM STOPPING A DRIVER FOR A VIOLATION OF SAFETY BELT REQUIREMENTS IN THE ABSENCE OF ANOTHER VIOLATION OF THE MOTOR VEHICLE LAWS. As amended by the Committee, the bill authorizes such a stop when the officer has probable cause that a violation has occurred based on his clear and unobstructed view of a driver or an occupant of the vehicle who is not wearing a safety belt (or is not secured in a child restraint system). The bill prohibits searching the driver or his passengers if the vehicle is stopped solely for a violation of these provisions unless the search is for a separate and distinct offense based upon probable cause. The bill prohibits custodial arrest for violation of safety belt or child passenger restraint system provisions.
The bill requires a fine of up to twenty-five dollars, no part of which may be suspended, for persons adjudicated to be in violation of safety belt or child restraint system provisions, and prohibits assessment against such a person for court costs, assessments, or surcharges. Proceeds of fines collected would be placed in the State Amber Alert Fund.
The bill prohibits reporting violation of safety belt requirements to the offender's motor vehicle insurer. The bill removes the exemption from seat belt requirements for occupants of the back seat of certain vehicles. The Committee reported favorable with amendment on H.3155, the SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT. As reported by the Committee, this bill:
The full Judiciary Committee met on Tuesday, February 22, 2005. The Committee gave a favorable report to H.3133, a PROPOSED CONSTITUTIONAL AMENDMENT RELATING TO THE DEFINITION OF MARRIAGE. This joint resolution proposes to submit to the electors at the next general election whether or not the State Constitution should be amended to provide that marriage is exclusively defined as the union between one man and one woman and that all other attempted unions, including those recognized by other jurisdictions, are void. H.3378, which SHORTENS THE LEGISLATIVE SESSION BY REVISING THE TIME OF ANNUAL ADJOURNMENT, received a favorable report from the full Judiciary Committee. The bill changes the date for the mandatory adjournment of the General Assembly from the first Thursday in June to the second Thursday in May. The bill also provides that in any year that the House of Representatives fails to give third reading to the appropriations bill by March 15th, rather than March 31st, the date of adjournment is extended by one statewide day for each statewide day after March 15th, rather than March 31st, that the House fails to give the bill third reading. H.3380, a PROPOSED CONSTITUTIONAL AMENDMENT TO SHORTEN THE LEGISLATIVE SESSION BY REVISING ANNUAL COMMENCEMENT, received a favorable report from the full Committee. This joint resolution proposes an amendment to the Constitution of South Carolina, relating to sessions of the General Assembly, so as to provide for annual sessions of the General Assembly commencing at varying times in even-numbered years and odd-numbered years. The proposed amendment provides that the annual session of the General Assembly shall convene at the State Capitol in the City of Columbia on the second Tuesday of January in even-numbered years and on the second Tuesday in February in odd-numbered years. The proposed amendment provides for an organizational session for the Senate in certain years. The proposed amendment provides for other revisions regarding the elimination of certain obsolete language, provisions for the election of officers of the General Assembly, provisions for certain meetings for the introduction and referral to committee of legislation, and provisions for certain committee meetings. The Judiciary Committee tabled H.3177. This bill provides that a person who UNINTENTIONALLY CAUSES THE DEATH OF ANOTHER PERSON WHILE VIOLATING CERTAIN TRAFFIC LAWS is guilty of a misdemeanor. The full Committee adjourned debate on H.3110, a bill pertaining to CONCEALABLE WEAPONS PERMITS. H.3414, pertaining to ABSENTEE BALLOTS, was recommitted to the Election Laws Subcommittee. H.3084, relating to PROBATE JUDGE QUALIFICATIONS, received a favorable with amendment report from the full Judiciary Committee. This bill adds the requirement that a probate judge must not have been convicted of a felony offense or an offense involving moral turpitude. The bill requires that a probate judge must have obtained a four-year bachelor's degree from an accredited post-secondary institution or, if he/she has no degree, have four years' experience as a full-time probate judge, deputy probate judge, or associate probate judge in a probate judge's office in this State. There are grandfather provisions for individuals currently serving in office. The full Committee adjourned debate on H.3141, a bill relating to AGENCY PROCEDURES FOR PROMULGATING REGULATIONS.
For the purposes of relocating and reconstructing a nonconforming off-premises outdoor advertising sign under an agreement with the sign's owner, a local governing body, consistent with the welfare and safety of the community as a whole, may adopt a resolution or adopt or modify its ordinances to provide for the issuance of a permit or other approval, including conditions as appropriate, or to provide for dimensional, spacing, setback, or use variances as it considers appropriate as long as it does not affect the federal provisions for the relocation of outdoor advertising signs affected by state highway projects.
If a local governing body has offered to enter into an agreement to relocate a nonconforming off-premises outdoor advertising sign, and within one hundred twenty days after the initial notice by the local governing body, the parties have not been able to agree that the site or sites offered by the local governing body for relocation of the sign are reasonably comparable to or better than the existing site, the parties, by mutual agreement, may enter into binding arbitration to determine the comparability of the site offered for relocation. If this arbitration proceeding results in a determination that the proposed relocation site(s) are not comparable to or better than the existing site, and the local governing body elects to proceed with the removal of the sign, the parties shall determine just compensation to be paid to the sign owner. If the parties are unable to reach an agreement regarding just compensation within thirty days of the receipt of the arbitrators' determination regarding relocation, and the local governing body elects to proceed with the removal of the sign, the parties, by mutual agreement, may enter into binding arbitration to determine the amount of just compensation to be paid. If the parties choose not to enter into binding arbitration for the purposes of either relocation or just compensation and the local governing body elects to proceed with the removal of the sign, the local governing body shall bring an action in circuit court for a determination of the just compensation to be paid by the local governing body to the sign owner for the removal of the sign.
A local governing body shall not prevent the repositioning of a nonconforming sign on the same parcel of land to facilitate the development of the parcel so long as the repositioning of the sign does not increase the degree of the sign's nonconformity.
The requirement by a local governing body that the issuance or continued effectiveness of a zoning ordinance or issuance of a license or permit is conditional upon the removal or alteration of a lawfully erected sign constitutes a compelled removal that is prohibited without prior payment of just compensation.
An off-premises outdoor advertising sign may not be removed until the owner of the property on which it is located has been compensated fully by the local governing body requiring the sign's removal for a loss which may be suffered as a result of the removal of the sign through the termination of a lease or other financial arrangement with the sign owner. The compensation must include damage to the landowner's property occasioned by removal of the sign.
The provisions of this legislation may not be used to interpret, construe, alter, or otherwise modify the exercise of the power of eminent domain by an entity under the Highway Advertising Control Act or the manner in which outdoor advertising is valued by the South Carolina Department of Transportation.
This act takes effect upon approval by the Governor. Nothing in this legislation preempts or otherwise alters or modifies an ordinance or regulation enacted by a local governing body before the effective date of this legislation.
The full Medical, Military, Public and Municipal Affairs Committee met on Tuesday, February 22, 2005, and gave consideration to two bills. H.3108, which INCREASES MEMBERSHIP ON THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, received a favorable with amendment report. The Medical Disciplinary Commission of the State Board of Medical Examiners investigates formal complaints filed against physicians. Currently, the Commission is composed of 36 members, all of whom are physicians. As passed by the full Committee, this bill would increase the size of the Commission to 48 members by adding two lay members from each congressional district. The Governor would appoint the lay members. Each disciplinary panel would be required to have at least one lay member. (Note: the February 1 Legislative Update incorrectly reported the full Committee's action on this bill, which was recommitted to subcommittee that week.) The full Committee adjourned debate on H.3249, which pertains to the LICENSURE AND REGULATION OF OPTOMETRISTS.
The Ways and Means Committee met on Tuesday, Wednesday, and Thursday and completed its work on a recommended spending plan for the 2005-2006 STATE BUDGET. Highlights of the Committee's recommendations include:
The caps do not apply if the jury or court determines that a defendant was grossly negligent, willful, wanton, or reckless and such conduct was the proximate cause of the claimant's noneconomic damages, or if the defendant has engaged in fraud or misrepresentation related to the claim. The caps do not apply if the defendant altered or destroyed medical records with the purpose of avoiding a claim or liability to the claimant.
The provisions of this section do not limit the amount of compensation for economic damages suffered by each claimant in a medical malpractice claim. The term 'economic damages' means pecuniary damages arising from medical expenses and medical care, rehabilitation services, costs associated with education, custodial care, loss of earnings and earning capacity, loss of income, burial costs, loss of use of property, costs of repair or replacement of property, costs of obtaining substitute domestic services, a claim for loss of spousal services, loss of employment, loss of business or employment opportunities, loss of retirement income, and other monetary losses.
The provisions of this section do not limit the amount of punitive damages in cases where the plaintiff is able to prove an entitlement to an award of punitive damages as required by law.
The legislation adds certain procedural provisions with regards to an offer of judgment and the consequences of non-acceptance. Except in domestic relations actions, after commencement of any civil action based upon contract or seeking the recovery of money damages, whether or not other relief is sought, any party may, at any time more than 20 days before the actual trial date, file with the clerk of the court a written offer of judgment signed by the offeror or his/her attorney, directed to the opposing party, offering to take judgment in the offeror's favor, or as the case may be, to allow judgment to be taken against the offeror, for a sum stated therein, for property, or to the effect specified in the offer. There are provisions detailing how notice of the offer should be made and when the offer is deemed rejected. If an offer of judgment is not accepted and the offeror obtains a verdict or determination at least as favorable as the rejected offer, the offeror shall be allowed to recover from the offeree: (1) any administrative, filing, or other court costs from the date of the offer until judgment; (2) if the offeror is a plaintiff, eight percent interest computed on the amount of the verdict or award from the date of the offer; or (3) if the offeror is a defendant, a reduction from the judgment or award of eight percent interest computed on the amount of the verdict or award from the date of the offer. The bill further provides that this section does not abrogate the contractual rights of any party concerning the recovery of attorneys fees or other monies in accordance with the provisions of any written contract between the parties to the action.
The legislation has provisions relating to expert witnesses. When an expert witness is qualified as to the acceptable conduct of the professional whose conduct is at issue, the expert must be licensed and either board certified or have actual professional knowledge and experience in the area of practice in which the opinion is to be given. In an action alleging professional malpractice, the plaintiff must file with the complaint, an affidavit of an expert witness specifying at least one negligent act or omission claimed to exist and the factual basis for each claim. The legislation does provide for an exception to the contemporaneous filing requirement in cases where the statute of limitations will expire within 10 days of the date of filing. A plaintiff's claim is subject to dismissal if the plaintiff fails to file the required affidavit. The legislation applies to numerous professions.
If a judge finds that an expert health care provider or health care institution in a medical malpractice action has offered testimony or evidence in bad faith or without a reasonable basis in fact or otherwise acted unethically in conjunction with testifying as an expert, the judge must report the expert to the state entity that licenses and regulates the profession of the expert or the type of health care entity represented by the expert.
In medical malpractice actions, the legislation requires the parties to participate in mediation governed by procedures established in the South Carolina Circuit Court Alternative Dispute Resolution Rules. The bill allows the parties to agree to participate in binding arbitration.
Under the bill, a person who serves on the Board of the Joint Underwriting Association or the Board of Governors of the Patients' Compensation Fund is prohibited from being employed in any manner or compensated by the Joint Underwriting Association or the Patients' Compensation Fund, and this prohibition continues for one year after the person ceases to be a member of the board.
With regards to the Patients' Compensation Fund for Benefit of Licensed Health Care Providers, the bill provides that the fund and any income from it must be managed by the board according to its plan of operation. The bill further provides that monies may be withdrawn from the fund only upon the signature of the chairman of the Board of Governors or his/her designee.
The Medical Disciplinary Commission of the State Board of Medical Examiners investigates formal complaints filed against physicians. Currently, the Commission is composed of 36 members, all of whom are physicians. This bill would increase the size of the Commission to 42 members by adding six lay members. The lay commissioners must have at a minimum, a baccalaureate degree or the equivalent and have no ascertainable ties to the health care industry. Each disciplinary panel would be required to have at least one lay member.
The bill has provisions for the Department of Insurance to review data and report to the General Assembly whether this and other related enactments have resulted in reductions in premiums in the health care community and as to any other trends of significance which might impact premium cost.
H.3599 COMMERCIAL DRIVER'S LICENSES Rep. Stewart
This bill provides that a commercial driver's license must be suspended if its holder is arrested for or found guilty of certain criminal activity. H.3603 ELIGIBILITY FOR PRETRIAL INTERVENTION PROGRAMS Rep. Rutherford
This bill provides that a person who has been accepted into a pretrial intervention program previously may be accepted into an intervention program for one additional time, if the person obtains the approval of both the solicitor and the chief administrative judge of the court of general sessions. H.3613 "COMMON SENSE CONSUMPTION ACT" Rep. Kirsh
Under this legislation, a manufacturer, packer, distributor, carrier, holder, marketer, seller, or an association of one or more of these entities is not subject to civil liability in an action based on a person's purchase or consumption of food or nonalcoholic beverages when liability is based on weight gain, obesity, or a health condition associated with weight gain or obesity resulting from the person's long-term consumption of food or nonalcoholic beverages. H.3614 INCOME WITHHOLDING TO ENFORCE SUPPORT OBLIGATIONS Rep. Wilkins
This bill relates to procedures for withholding wages to secure payment of support obligations, including collection and disbursement of the withheld wages, so as to make technical corrections. This bill also amends S.C. Code Ann. §20-7-144, relating to family court fees, costs, and allowances, including the five percent additional fee added to child support payments for court costs. The bill provides that the payor of this additional five percent agrees, by paying through the court or a centralized system, (1) that this payment is for satisfaction of court costs, (2) that it is not child support, as defined in federal law, and (3) to the distribution of this payment to the State for court costs. H.3621 PROPOSED CONSTITUTIONAL AMENDMENT TO ALLOW CERTAIN CHARITABLE ORGANIZATIONS TO CONDUCT RAFFLES Rep. Altman
This joint resolution proposes to submit to the electors at the next general election whether or not a raffle conducted by certain charitable organizations is a lottery prohibited by the State Constitution. All raffle proceeds, except for the costs of the prizes and the costs of printing tickets, would have to be used exclusively for the organization's tax-exempt purposes. A charitable organization would be limited to holding a raffle not more than four times in a calendar year. H.3623 MARITIME TRANSPORTATION SECURITY ACT REGULATED FACILITY STANDARDS FOR EMPLOYMENT Rep. Limehouse
This bill provides standards for the employment of persons who have access to a Maritime Transportation Security Act (MTSA) facility. The bill requires fingerprint and criminal history background checks for employment and prohibits certain individuals from access to MTSA facilities. To operate a yard hostler on a MTSA regulated facility, the bill provides that a person must possess a valid driver's license; the bill further provides that the person must possess a commercial driver's license (CDL) on and after January 1, 2006. The bill provides that an employer must notify a MTSA regulated facility when an employee who has access to a MTSA regulated facility loses or has his/her driver's license or CDL suspended. H.3624 CRIMINAL OFFENSE OF RUMMAGING THROUGH OR STEALING ANOTHER PERSON'S HOUSEHOLD GARBAGE OR LITTER Rep. Rutherford
This bill creates the criminal offense of rummaging through or stealing another person's household garbage or litter. The offense is a misdemeanor punishable by a maximum sentence of 30 days in jail or a fine of $100. The bill further provides that a conviction of this offense and the possession of identifying information as defined in S.C. Code Ann. §16-13-510 is prima facie evidence of financial identity theft. H.3625 FRESH PURSUIT OF A PERSON WHO IS IN IMMEDIATE AND CONTINUOUS FLIGHT FROM THE COMMISSION OF A CRIMINAL OFFENSE Rep. Simrill
This bill allows a law enforcement officer employed by a neighboring state to enter South Carolina in fresh pursuit of a person who is in flight from the commission of a criminal offense in the neighboring state and to arrest the person. The bill provides for procedures to (1) determine the lawfulness of the arrest, (2) the release of the person arrested, and (3) the extradition of the arrested person. This provision applies only to law enforcement officers employed by a neighboring state when the neighboring state has enacted a provision similar to this section relating to the arrest and custody of a person pursued into a neighboring state. H.3626 LEGAL NOTICES IN NEWSPAPERS Rep. Loftis
Notwithstanding another provision of law, when it is required that legal notice be published in a newspaper, this bill provides that the legal notice may be abbreviated in the newspaper along with information to direct the reader to a website or the local library where the detailed legal notice is available for review. H.3631 HATE CRIMES Rep. Whipper
This bill provides penalties for persons convicted of certain crimes with the intent to assault, intimidate, or threaten a person because of his/her race, religion, color, sex, age, national origin, or sexual orientation. A conviction for a hate crime is a felony with a maximum sentence of 15 years imprisonment and a $20,000 fine. H.3632 STATUTE OF LIMITATIONS ON ACTIONS AGAINST REGISTERED SURVEYORS OR THEIR EMPLOYEES ENGAGED IN THE PRACTICE OF LAND SURVEYING Rep. Sandifer
This bill creates a six-year statute of limitations on actions against registered surveyors or their employees engaged in the practice of land surveying. The statute of limitations may not be used as a defense when a person is guilty of fraud, gross negligence, or recklessness in performing or furnishing the survey or plat or to a person who conceals this cause of action. The bill also amend S.C. Code Ann. §15-3-670, relating to when certain statutes of limitations concerning actions based on defective or unsafe conditions of an improvement to real property are not available as a defense, so as to make this defense available in connection with surveying and land surveying and to provide exceptions. H.3635 REGULATION OF STAFF LEASING SERVICES Rep. Harrison
This bill provides that effective July 1, 2005, the duties, functions, and responsibilities of the Department of Consumer Affairs, and the Administrator of the Department of Consumer Affairs, in regard to the regulation of staff leasing services are devolved upon the Department of Labor, Licensing And Regulation and the director of the department, respectively. H.3636 INTEREST ON FUNDS DEPOSITED WITH THE CLERK OF COURT BY A CONDEMNOR PURSUANT TO THE EMINENT DOMAIN PROCEDURE ACT Rep. Harrison
This bill relates to the interest on funds deposited with the clerk of court by a condemnor pursuant to the Eminent Domain Procedure Act. The bill changes the interest rate from eight percent to interest at the rate paid for six month United States Treasury Bills on the day the notice of condemnation was filed. The bill provides that interest accrue from the date of the notice filing to the date of order or judgment. This bill provides that 30 days after the order or judgment is filed, interest accrues at the rate provided by law for interest on judgments. The bill also amends S.C. Code Ann. §28-2-480, relating to a condemnee's right to deposited funds upon possession of the subject property, so as to provide for the clerk of court to pay up to the full amount upon application and to notify the condemnor of amounts paid. H.3641 CHANGE OF VENUE FOR CERTAIN CRIMINAL OFFENSES Rep. Jennings
When an offender incarcerated in a correctional institution in this State commits a criminal offense while incarcerated, this bill provides that the solicitor, in his/her discretion, may request and the court must grant a change in venue to the county where the offender's original offense for which he/she is incarcerated occurred. H.3647 WORKING ON SUNDAYS AND "SUNDAY BLUE LAWS" Rep. E.H. Pitts
This bill relates to the right of an employee of a business to refuse to work on Sunday. The bill provides that an employee has the option of refusing to work on Sunday if the employee is conscientiously opposed to Sunday work. This provision does not apply to employees, including support, maintenance, repair, and other service personnel, of a manufacturing establishment or a research and development operation that by its nature or for economic reasons involves processes requiring continuous and uninterrupted operation.
The bill repeals what is popularly known as "Sunday Blue Laws," which relate to the prohibition against the sale of certain items on Sunday except during specified hours of operation. "Sunday Blue Laws" also prohibit the conduct of certain work or events or the operation of certain businesses or manufacturing establishments on Sunday. The bill does not affect the provisions of law prohibiting or otherwise regulating the sale of alcohol on Sunday.
H.3648 "MARANDA'S LAW" Rep. Haskins
This bill requires a court to make written findings of fact concerning the nature and extent of domestic violence committed by a person before releasing the person on bond or suspending the imposition or execution of a sentence. H.3649 DOMESTIC VIOLENCE Rep. Haskins
This bill provides comprehensive revisions regarding the handling of domestic violence by the judicial system and law enforcement.
The bill requires magistrates, family court judges, and circuit court judges to receive continuing education annually on domestic violence.
The bill revises provisions relating to grounds for divorce, so as to further specify that physical cruelty includes physical violence and conduct that endangers one's physical or psychological well-being.
This bill amends S.C. Code Ann. §22-5-530, relating to allowing defendants in certain cases to deposit a sum of money with the magistrate or municipal court in lieu of posting a recognizance bond, so as to require an individualized hearing to be held in cases where the accused may pose a threat to the public or an individual victim. Such cases include, but are not limited to, driving under the influence, criminal domestic violence, and simple assault and battery.
The bill requires the court to make specific findings of fact regarding the nature and extent of a criminal domestic violence offense before releasing the defendant on bond or suspending the sentence.
The bill provides that a criminal domestic violence charge may not be dropped against a person if the victim or victim's attorney was not present at the hearing.
The bill provides revisions regarding petitions for orders of protection from domestic violence and restraining orders.
The bill requires a law enforcement officer employed by the State or a political subdivision of the State who is convicted of criminal domestic violence to be terminated from employment.
The legislation eliminates pretrial intervention and pleading guilty to certain lesser charges for individuals charged with certain criminal domestic violence offenses, unless authorized by the court. The bill prohibits expungement of records for criminal domestic violence for offenders convicted in magistrate's court or municipal court, for such offenses committed by youthful offenders, and for such offenses committed by juveniles.
The bill revises provisions for effecting an arrest for criminal domestic violence, so as to require law enforcement to file an incident report and to prohibit the use of uniform traffic tickets to effect such an arrest.
The bill prohibits the issuance of mutual orders of protection from domestic abuse.
The bill provides for an automatic six-month extension upon the filing of an affidavit seeking an extension of orders of protection from domestic violence and provides for notice and an opportunity for a hearing.
The bill revises fines and terms of imprisonment for criminal domestic violence offenses and requires mandatory minimum sentences, which may be served on weekends or at night.
The bill establishes a felony offense for possession of a firearm by a person who has been convicted of criminal domestic violence.
H.3650 AMENDMENTS TO THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM Rep. W.D. Smith
This bill relates to the Brownfields Voluntary Cleanup Program and contract requirements entered into by or on behalf of a nonresponsible party. The bill provides that a nonresponsible party is not liable for third party claims and further specifies to whom this limitation of liability applies. H.3651 PUBLIC RECORDS Rep. Simrill
This bill requires that identifying financial information be deleted from public records that are accessed electronically after July 1, 2005.
The bill also provides credits for certain taxes and license fees for contributions to scholarship granting organizations and provides for the regulation, registration, and reporting of scholarship granting organizations.
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