South Carolina House of Representatives
Robert W. Harrell, Jr., Speaker of the House
OFFICE OF RESEARCH
Room 213, Blatt Building, P.O. Box 11867, Columbia, S.C. 29211, (803) 734-3230
NOTE: THESE SUMMARIES 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. THEY 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 South Carolina House of Representatives convened on Tuesday January 9, 2007, to commence the first regular legislative session of the 117th General Assembly. The House adopted and sent to the Senate Concurrent Resolution H.3213 to provide that the Senate and the House of Representatives meet in joint assembly on Wednesday, February 7, 2007, at 12:00 noon for the purpose of conducting JUDICIAL ELECTIONS. The House gave second reading approval to H.3209, a bill that extends to April 1, 2007, the deadline for the CHRONIC KIDNEY DISEASE TASK FORCE to submit its report and recommendations to the Chairmen of the House Medical, Military, Public and Municipal Affairs Committee and the Senate Medical Affairs Committee and the Governor.
There were no full committee meetings that addressed legislation, which is covered by the Legislative Update, this week.
Current law provides that a person arrested for driving under the influence must have his conduct videotaped. This legislation provides that the failure to capture any portion of the conduct required to be videotaped is not grounds to dismiss a charge or suppress the videotape, if (1) the court determines that the arresting officer made a good faith attempt to comply with the requirements, and (2) the failure to capture was the result of the subject's actions or the inadvertent actions of the arresting officer.
H.3197 AMENDMENTS TO ELECTION LAWS Rep. Herbkersman
As defined by South Carolina election law, the term "club district" means the territory of the general election voting place or precinct in which the political party club is formed, whether a ward or township or a subdivision. This legislation deletes the definition of the term "club district" as well as deletes references to this term from the election laws.
This legislation also provides that all elected precinct committeemen may vote on questions before the county committee and that the chairman may vote in the case of a tie. An elected officer of the county committee who is not a precinct committeeman may vote de facto.
H.3199 "ATM SAFETY ACT" Rep. G.M. Smith
Relating to entering a bank, depository, or building and loan association with intent to steal, this bill creates various ATM criminal offenses and outlines penalties for these offenses. Additionally, the bill requires the posting of a warning sign on ATMS and similar devices. H.3201 RECREATIONAL POKER GAMES Rep. Scarborough
Relating to unlawful games and betting, this bill creates an exception for certain poker card games engaged in for the sole purpose of recreational activity. H.3202 PROPOSED CONSTITUTIONAL AMENDMENT PERTAINING TO HUNTING, TRAPPING, AND FISHING Rep. White
This joint resolution proposes to amend the constitution so as to provide that hunting, trapping, and fishing, and the taking of wild animals, birds, and fish are a valued part of our heritage and shall be forever preserved for the people. The joint resolution further provides that fish and wildlife shall be managed by laws and regulations that provide persons with the continued opportunity to take, by traditional means and methods, species traditionally pursued by hunters, anglers, and trappers. Any person who is licensed to hunt, fish, or trap and who is adversely affected by a failure to comply with this legislation shall have a private cause of action to enforce this constitutional amendment. The joint resolution further provides that the right of the people to hunt, fish, trap, and harvest game shall be subject only to such regulations and restrictions as the General Assembly may prescribe by general law. H.3212 ISSUANCE OF CONCEALABLE WEAPONS PERMITS Rep. Delleney
This bill requires that valid out-of-state permits to carry concealable weapons held by a resident of another state be honored by South Carolina. The legislation deletes the current provision that South Carolina will only honor out-of-state permits issued by a state with which South Carolina has reciprocity. H.3214 PRESCRIBED FIRES Rep. Witherspoon
This legislation provides that gross negligence rather than negligence must be proven before a property owner or lessee or his agent or employee conducting a prescribed burn is liable for damages, injury, or loss. H.3215 "BORN ALIVE INFANT PROTECTION ACT" Rep. Davenport
This legislation provides that any infant who survives an abortion resulting in his live birth must be given reasonable and immediate medical care. Before an abortion may be performed, the physician must certify that the abortion is necessary to preserve the life or health of the woman and that the abortion method to be used must be the method most likely to preserve the life and health of the unborn child. When performing an abortion of a viable unborn child a physician, other than the physician performing the abortion, must be present and must provide immediate medical care to the infant at birth. There are exceptions in the case of a medical emergency that threatens the life or permanent physical health of the women. H.3219 ADMINISTRATIVE LAW COURT HEARINGS AND PROCEEDINGS Rep. Harrison
Currently contested cases arising under the Occupational Safety and Health Act are not heard by an administrative law judge; this bill deletes this exception. Relating to the Department of Labor, Licensing and Regulation (LLR) hearing occupational health and safety contested cases, this bill provides that a party aggrieved by a citation, penalty, or abatement issued by LLR may request a contested case hearing before the administrative law court in accordance with the Administrative Procedures Act. H.3225 FORFEITURE OF BOND AND RECOGNIZANCE PROCEEDINGS Rep. Hart
When a condition of bond or recognizance is violated by the person's failure to appear in court as required by law, this bill provides that the State has the right to full estreatment of the bond or recognizance 180 days after the person failed to appear in court as required by law. H.3226 PUBLIC OFFICIALS Rep. Clemmons
Relating to representation of a person by a public official before a governmental body, this bill requires a State, county, or municipal public official involved in a conflict of interest to comply with recusal requirements. The bill allows a public official to remain in office, if the recusal requirements are met. Additionally, the bill prohibits a governmental body from removing or disallowing a person to serve in office or employment based on race, color, national origin, religion, sex, familial status, disability, or legal occupation. H.3227 THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER, OR PRINCIPAL Rep. J.E. Smith
Relating to threatening the life, person, or family of a public official, teacher, or principal, this bill includes direct or indirect threats. Currently only direct threats are provided for in the statute. H.3228 TIME OFF TO VOTE Rep. J.E. Smith
This bill requires employers to give employees reasonable time off from work to vote in elections. H.3229 PRAYER AT THE CITADEL Rep. Scarborough
This bill authorizes prayer at the Citadel. H.3230 MORE THAN ONE NOMINATION FOR THE SAME OFFICE Rep. Scarborough
This bill provides that a person may not accept more than one nomination for the same office. H.3231 PROPERTY OWNERS NOT LIABLE FOR INJURIES TO TRESPASSERS Rep. Scarborough
This bill provides that the owner of real property is not liable in a civil action for acts or omissions causing injury to a person who trespasses on his property to commit a crime or when reasonable force is used to remove a person who is trespassing on his property. H.3235 AMENDMENTS TO THE SOUTH CAROLINA TORT CLAIMS ACT Rep. J.E. Smith
Relating to definitions used in the South Carolina Tort Claims Act, this bill includes the South Carolina National Guard and the South Carolina State Guard in certain definitions. The bill further provides that an employee includes members of the South Carolina National Guard, members of the South Carolina State Guard, and persons acting on behalf or in service of a governmental unit without pay or compensation. Relating to exemptions to the waiver of immunity in the state tort claims act, this bill includes certain home security and counter-terrorist activities in the exemption relating to activities of the South Carolina National Guard and the South Carolina State Guard. H.3236 USE OF CORPORAL PUNISHMENT IN CHILDCARE FACILITIES Rep. J.E. Smith
This bill bans the use of corporal punishment in childcare facilities that are required to be licensed, registered, or approved except in certain cases. H.3241 DIRECTOR OF THE DEPARTMENT OF INSURANCE Rep. Viers
Currently the Director of the Department of Insurance is appointed by the Governor with the advice and consent of the Senate. Among other things, this bill provides that the Director of the Department of Insurance must be elected to office by the qualified electors of the state in the general election.
The Legislative Update is on the Worldwide Web. Visit the South Carolina General Assembly Home Page (http://www.scstatehouse.net) and click on "Publications," then click on "Legislative Update." This will list all of the Legislative Updates by date. Click on the date you need. Also available on the website is a bill summary index, where bills referenced in one or more issues of the Legislative Update are listed in numeric order. Links to the specific text of the Legislative Update issue are provided in the bill summary index.
NOTE: THE LEGISLATIVE UPDATE IS AVAILABLE TO LEGISLATIVE TRACKING SUBSCRIBERS. YOU MAY REGISTER FOR THIS FREE SERVICE ON THE SOUTH CAROLINA GENERAL ASSEMBLY HOME PAGE BY CLICKING ON "BILL TRACKING & REPORTS" (UNDER "LEGISLATIVE RESOURCES").