South Carolina House of Representatives
Robert W. Harrell, Jr., Speaker of the House
OFFICE OF RESEARCH AND CONSTITUENT SERVICES
Room 212, Blatt Building, P.O. Box 11867, Columbia, S.C.
29211, (803) 734-3230
House Committee Action
Bills Introduced in the House This Week
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 full committee met on Wednesday, May 12, 2010. S.1340, the WILDLIFE bill, was given a favorable recommendation by the full committee. This bill makes comprehensive revisions with regards to wildlife. It adds new definitions of certain wildlife, fish and plant species. The bill revises and clearly defines birds, game animals and fish classifications. It also defines individual rivers, creeks, lakes, bays, sounds, harbors, and reservoirs. It further repeals several sections of the statute that are no longer applicable. S.1296, regarding COYOTES AND NIGHT HUNTING, was given a favorable with amendment recommendation by the full committee. The bill outlines that coyotes and armadillos may be hunted at night with an artificial light that is carried on the hunter's person attached to a helmet or hat, or part of a belt system worn by the hunter, along with specific weaponry. Any weapon used to hunt coyotes may not be equipped with a butt-stock, scope, laser site, or light emitting or light enhancing device. It is unlawful to possess any shot size larger than a BB while legally hunting coyotes and armadillos at night with a shotgun. Coyotes and armadillos may not be hunted at night from a vehicle, unless specifically permitted by the department. A person who violates this item is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both. The full committee gave a favorable with amendment recommendation to S.1294, dealing with the trapping of COYOTES. The bill establishes that coyote hunting is from December first of each year to March first of the succeeding year. In addition, there is no closed season for hunting coyotes with weapons. The full committee gave a favorable with amendment recommendation to S.1051, addressing PRIVATE ISLAND descriptions. The bill exempts Fripp Island from the Beach Front Management Act.
The Judiciary Committee met on Tuesday, May 11, 2010. S.134, the "RELIGIOUS VIEWPOINTS ANTIDISCRIMINATION ACT," received a favorable report from the full committee. 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 noncurricular groups. The Judiciary Committee gave a favorable recommendation to S.1190, pertaining to the STATE FARMERS’ MARKET SITE LITIGATION. This joint resolution outlines certain findings by the General Assembly in regard to the settlement of litigation involving a site acquired by the state of South Carolina in Richland County for the proposed State Farmers' Market. The joint resolution confirms and validates the use of specific tracts of land received by the South Carolina Research Authority, and Richland County as part of the settlement, and the use of certain revenues to meet obligations continuing under the settlement. The full committee gave a favorable recommendation to S.901, which relates to ABSENCE BY THE GOVERNOR. Whenever the Governor leaves the State, this bill requires that he notify the Lieutenant Governor, whether or not the power of the Governor’s Office is transferred to the Lieutenant Governor. The bill 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 bill 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. S.1300, relating to JURY SERVICE BY EDUCATORS, received a favorable report. This bill 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. The full committee gave a favorable with amendment report to S.1348, pertaining to the ESTATE TAX. This bill allows the personal representative, trustee, or any affected beneficiary under the will, trust, or other instrument of a will, trust, or other instrument of a decedent who dies after December 31, 2009, and before January 1, 2011, to bring a proceeding to determine whether the decedent intended that formulae under the instrument be construed with respect to the law as it existed after December 31, 2009. The proceeding must be commenced within twelve months following the death of the decedent. S.1187 received a favorable report from the Judiciary Committee. Relating to REIMBURSEMENT OF PROPERTY OWNERS FOR THE TAKING OF LAND FOR PUBLIC USE, this bill provides that reestablishment expenses related to the moving of a small business, farm, or nonprofit organization payable for transportation projects pursuant to federal guidelines and regulations may be paid in an amount up to $50,000, notwithstanding a lower limitation imposed by federal regulations. S.783, relating to PATRIOTS POINT DEVELOPMENT AUTHORITY, received a favorable with amendment report from the Judiciary Committee. This bill provides there shall be three additional members of the board appointed by the Governor, one appointed upon recommendation of the President Pro Tempore of the Senate, one appointed upon recommendation of the Speaker of the House of Representatives, and one appointed upon recommendation of the State Adjutant General. These three members shall serve for four years and until their successors are appointed and qualify, and vacancies must be filled in the manner of original appointment for the remainder of the unexpired term. The bill further provides that the General Assembly shall appoint a six member joint commission, three from the House of Representatives to be appointed by the Speaker of the House and three from the Senate to be appointed by the President Pro Tempore. The joint commission has authority to approve the Patriots Point master plan and any funding associated with the master plan. Each commission member serves a term of four years. S.104, pertaining to AGRITOURISM ACTIVITY LIABILITY, received a favorable with amendment recommendation. Under certain circumstances, this bill limits the liability that an agritourism professional may incur due to an injury or death suffered by a participant in an agritourism activity resulting from an inherent risk of an agritourism activity. Among other things, the legislation defines the terms ‘agritourism activity’ and ‘inherent risks of an agritourism activity’. An agritourism professional must post a warning notice at the agritourism facility, and warning notices must be included in contracts the agritourism professional enters into with participants. The agritourism professional's liability is not limited if the proper warning notices are not provided to participants. The Judiciary Committee gave a favorable recommendation to S.329, which provides PROTECTIONS FOR EXECUTION TEAMS. This bill 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. 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. S.973, "ELECTRONIC SECURING AND TARGETING OF ONLINE PREDATORS ACT (E-STOP)," received a favorable with amendment report. This bill 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 bill 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 bill 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 bill reduces the time frame for notifying the sheriff’s office from ten to three business days. The bill 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 bill requires additional information to be provided about vehicles, trailers, mobile homes and manufactured homes, and aircraft. The bill also requires registration in counties where an offender is employed or volunteers or interns or carries on a vocation in schools. The bill requires palm prints, Internet identifiers, and passport and immigration status. The bill 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. The full committee gave a favorable with amendment recommendation to S.692, pertaining to the SOLICITORS’ TRAFFIC EDUCATION PROGRAM. This joint resolution provides that the deadline requiring all circuit solicitors to have a traffic education program in effect is extended from July 1, 2009, to July 1, 2011. No person has the right to apply to the program until the program is established. The joint resolution further provides that a person may be considered for a traffic education program if he has no significant history of traffic violations. A person may not participate in a traffic education program more than once. S.912, relating to EXPUNGEMENTS, received a favorable with amendment recommendation from the full committee. 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 provides that any person who has successfully completed a juvenile drug court program who applies to the solicitor’s office for an expungement of a family court adjudication is exempt from paying the administrative fee. 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 full committee gave a favorable report to S.418, relating to MEETINGS OF THE BOARD OF STATE CANVASSERS AND MEETINGS OF COUNTY BOARDS OF CANVASSERS. This bill provides that a meeting of the Board of State Canvassers may be convened by telephone or electronic communication instead of in person at the office of the State Election Commission. Relating to the convening of the county commissioners of election as county boards of canvassers, this bill also allows any required meetings to be convened by telephone or electronic communication. S.1070 received a favorable with amendment report from the Judiciary Committee. This bill enacts the "SOUTH CAROLINA ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT". Among other things, it defines necessary terms, provides a procedure for determining jurisdiction over adult guardianships, conservatorships, and other protective proceedings.
The full House Labor, Commerce and Industry Committee met on Thursday, May 13, and reported out two bills. The committee gave a report of favorable with amendment on S.1025, a bill relating to DRIVER TRAINING COURSE CREDITS ON AUTOMOBILE INSURANCE PREMIUMS. This bill revises provisions governing credits allowing for the reduction of premium rates charged for liability coverage and collision coverage under private passenger automobile insurance policies that are awarded upon the successful completion of approved driver training courses. The committee gave a favorable report on H.4829. This bill revises provisions relating to DECEPTIVE OR MISLEADING ADVERTISEMENT OF A LIVE MUSICAL PERFORMANCE, so as to define a sound recording, establish an exemption for those properly registered in the United States Patent and Trademark Office, provide for a temporary or permanent injunction for unauthorized performances, and establish a fine of at least five thousand dollars and not more than fifteen thousand dollars for each violation.
The full committee did not meet this week.
The full committee did not meet this week.
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