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.
HOUSE WEEK IN REVIEW
February 5, 2016
The House of Representatives concurred in Senate amendments to H.3145, a bill SHIELDING FROM LEGAL LIABILITY THOSE WHO TAKE ACTIONS TO PREVENT HOT CAR DEATHS of children and vulnerable adults who are left unattended in locked motor vehicles, and enrolled the legislation for ratification. The legislation provides that a person is immune from civil liability for property damage resulting from his forcible entry into a motor vehicle for the purpose of removing a minor or vulnerable adult from the vehicle if the person has a reasonable good faith belief that forcible entry into the vehicle is necessary because the minor or vulnerable adult is in imminent danger of suffering harm.
The House and Senate adopted the free conference report on S.255 and enrolled the legislation for ratification. The legislation establishes new provisions TARGETING MUGSHOT PUBLICATION EXTORTION PRACTICES where individuals issue publications of booking photographs and other booking records of those arrested in South Carolina or post these records on websites and require payment in order for those records to be removed or revised. A misdemeanor criminal penalty, carrying a maximum fine of one thousand dollars and/or imprisonment for up to sixty days, is provided for those who engage in the extortion and a civil cause of action is established for those harmed by such practices. The legislation revises provisions for the EXPUNGEMENT OF CRIMINAL RECORDS when charges have been dismissed or the accused individual is found not guilty. The legislation revises the protocol governing how and when records should be retained or destroyed following orders of expungement. Revisions and clarifications are included to better allow individuals to avail themselves of expungement provisions. The legislation provides that if a person pleads guilty to a lesser included offense and the solicitor deems it appropriate, the solicitor shall notify the State Law Enforcement Division (SLED) and SLED shall request that the person’s record contained in the National Crime Information Center (NCIC) database or other similar database reflects the lesser included offense rather than the offense originally charged.
The House concurred in Senate amendment to H.3874, a bill providing for RENEWABLE ENERGY INCOME TAX CREDITS, and enrolled the legislation for ratification. The legislation makes provisions for an income tax credit for a taxpayer who constructs, purchases, or leases and places into service large-scale nonresidential solar energy equipment located on property in South Carolina that is included on the Environmental Protection Agency’s National Priority List, National Priority List Equivalent Sites, or on a list of related removal actions, as certified by the Department of Health and Environmental Control. The income tax credit covers twenty five percent of the cost, including the cost of installation, of the property up to a cap of $2.5 million for each installation of solar energy property. A sunset provision is included so that new credits will only be allowed through 2017. The legislation also expands the renewable energy tax credit geared towards residential customers that allows an income tax credit to address a portion of the cost of purchasing and installing solar energy systems or small hydropower systems so that this tax credit also applies to geothermal machinery and equipment. A sunset provision is included so that these income tax credits for geothermal machinery and equipment will only be available through 2018.
The House amended, approved, and sent the Senate H.4579, a bill to implement in statute changes authorized with the adoption of the amendment to the South Carolina Constitution which provides for the JOINT ELECTION OF THE GOVERNOR AND LIEUTENANT GOVERNOR and related matters beginning with the general election of 2018. Under the revised system, a gubernatorial candidate selects a running mate for the post of Lieutenant Governor in a manner comparable to the selection of the President and Vice President at the federal level. The Lieutenant Governor’s legislative duties are eliminated in statute, and provisions are made for the office of the President of the Senate who is elected by the Senate from its membership to preside over the legislative body and perform other prescribed duties. Beginning with the Lieutenant Governor elected in the 2018 General Election, in the case of the removal of the Lieutenant Governor from office by impeachment, death, resignation, disqualification, disability, or removal from the State, the Governor shall appoint, with the advice and consent of the Senate, a successor to fulfill the unexpired term. The legislation revises the order of succession for filling unexpected vacancies that occur in the state’s executive branch.
The House approved and sent the Senate H.4665, a bill that makes provisions for the SCREENING OF MAGISTRATE CANDIDATES by the Judicial Merit Selection Commission to ensure that the candidates meet the qualifications for the office. Under the provisions, the commission submits its reports and recommendations on magistrate candidates to the appropriate Senate delegation and the Senate delegation, with the advice and consent of the Senate, in turn submits the name of the magistrate candidate of choice for appointment by the Governor. A person found not qualified by the Judicial Merit Selection Commission may not be submitted to the Governor for appointment.
The House approved and sent the Senate H.4703, a bill revising the state’s provisions for immunity from criminal prosecution and civil actions for the JUSTIFIABLE USE OF DEADLY FORCE AGAINST INTRUDERS. The legislation establishes a procedure for an evidentiary hearing on a pretrial motion to dismiss based on the justifiable use of deadly force and makes provisions for a court judgment, order, or decree denying legal immunity to be immediately appealable.
The House approved and sent the Senate H.3521, a bill PROHIBITING AN APPLICATION OF SECULAR OR RELIGIOUS FOREIGN LAW THAT VIOLATES RIGHTS GUARANTEED BY THE CONSTITUTION OF THIS STATE OR OF THE UNITED STATES, such as due process, freedom of religion, speech, or press, and privacy rights. This prohibition applies to any ruling or decision of a court, arbitration, tribunal, or administrative agency. The legislation includes provisions specifying that this prohibition does not apply to purely ecclesiastical matters and should not be not be interpreted by any court to conflict with any federal treaty or other international agreement to which the United States is a party to the extent that such treaty or international agreement preempts or is superior to state law on the matter at issue.
The House approved and sent the Senate H.4816, a bill designating June 27th of each year as SOUTH CAROLINA POST TRAUMATIC STRESS INJURY (PTSI) AWARENESS DAY.
The House approved and sent the Senate H.4709, revising fishing limitations imposed in the SOUTHERN COBIA MANAGEMENT ZONE which encompasses all waters of this state south of Jeremy Inlet, Edisto Island. The legislation provides that, subject to the size limit established by federal regulation, possession of cobia caught in the Southern Cobia Management Zone is limited to one person per day, and no more than three per boat per day, from June 1 to April 30. It is unlawful to take and possess cobia in the Southern Cobia Management Zone from May 1 to May 31, and at any time federal regulations provide for the closure of the recreational cobia season in the waters of the South Atlantic Ocean.
The House amended, approved, and sent the Senate H.4708, a bill revising provisions dealing with importing, possessing or selling imported fish, to clarify language in current law that the South Carolina Department of Natural Resources will continue to issue permits for the importation, breeding, and possession of GRASS CARP or grass carp hybrids.