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H. 3594 [R. 121] “South Carolina Constitutional Carry/Second Amendment Preservation Act of 2023”
The House and Senate have concurred in the Conference Committee Report on H. 3594 [R. 121] 4, the “South Carolina Constitutional Carry/Second Amendment Preservation Act of 2023.” The Governor has signed H. 3594.
This legislation declares that our citizens have a constitutional right to carry their firearms any-where in South Carolina except in law enforcement, detention, or correction facilities; court-houses courtrooms, or any venue where court is being held; polling places on election day; in business meetings by, or in the offices of, city, county, public school district, or special purpose district facilities; to school or college events unrelated to firearms; in daycare or preschool fa-cilities; anywhere prohibited by federal law; religious sanctuaries including churches; healthcare facilities of any type unless permission is granted to a gun carrier to have that fire-arm there; anyone else’s residence; and any facility clearly marked with a sign complying with state specifications that disallows firearms on those premises. However, visitors to South Car-olins state parks are able to have their concealable weapons with them there. Gunowners are also able to store their firearms anywhere within their motor vehicles.
However, these prohibitions do not apply to anyone with permission of a property owner –or other authorized entity– to carry on those premises, law enforcement officials, military, mili-tia, and reserve officers while on duty; qualified retired law enforcement officers; and anyone listed under state law as having authority to carry pistols anywhere in South Carolins state, including justices, judges, solicitors, workers compensation commissioners; as well as the South Attorney General and his assistants. Active county clerks of court, active public defend-ers, and active assistant public defenders are on this list now. This legislation prohibits public defenders and assistant public defenders from carrying a firearm into any local or state deten-tion facility.
Anyone openly carrying their firearm in compliance with this proposed legislation does not give any law enforcement officer or official with arrest powers either a reasonable suspicion, or probable cause, to be searched, detained, or arrested for doing so.
First-time violators of these prohibitions face up to five years in jail, second time violators face a minimum of five years up to a maximum of twenty years in jail, and third time, or more, vio-lators face a minimum of ten years up to a maximum of thirty years in jail. Anyone convicted
of a crime punishable by up to one year in jail will be prohibited from possessing firearms or ammunition. Violators convicted of crimes punishable with up to one year in jail who are then convicted of carrying a concealable firearm without a concealed weapon permit face additional criminal penalties.
Firearm owners have to report the loss or theft of their guns to an appropriate law enforce-ment agency within ten days after discovering they are gone. They are encouraged to receive appropriate gun safety training before carrying their firearms. Concealed Weapon Permit holders have to report losing their permits within 48 hours. Any pardons that are granted can ban gun possession, transport, or sales as conditions of the pardon being granted.
H. 5100, H. 5101 Fiscal Year 2024-2025 State Government Budget
H. 5100, the General Appropriation Bill and H. 5101, the joint resolution making appropria-tions from the Capital Reserve Fund, were set for special consideration beginning Monday, March 11, allowing the full House to devote itself to taking up the Fiscal Year 2024-2025 State Government Budget during the week.
H. 4590 Extending Early Voting Hours
Receiving a third reading and passing this House this week was H. 4590 pending legislation to extend the closing times for early voting centers. It has been sent to the Senate for its consid-eration. Under this proposal, closing hours for these centers would be changed from 6 p.m. to 7 p.m. on weekdays for statewide general elections. These hours would also increase from 5 p.m. to 7 p.m. on weekdays for early voting in other elections that are not statewide general, or runoff, elections.
H. 5105 Military Credentials Recognized by Technical Colleges
H. 5105, read a third time and sent to Senate, would formally recognize military training and experiences as educational credits within South Carolina’s technical colleges, guided by a man-dated policy from the State Board for Technical and Comprehensive Education. Courses and experience completed in the military as recommended by the American Council on Education (ACE) may qualify for exemption credit at the state’s technical colleges. It requires clear imple-mentation guidelines and collaboration with the South Carolina Department of Veterans’ Af-fairs to standardize credit review and award processes across colleges.
H. 4552 Redevelopment of Federal Military Installation to Include Affording Housing
The House gave third reading and sent to the Senate H. 4552, a bill that expands projects that can be undertaken in the redevelopment of a Federal military installation to include afforda-ble housing projects. The bill outlines that all or part of the new property tax revenues gener-ated in the tax increment financing(TIF) district will be used to provide or support publicly
and privately owned affordable housing, including supporting infrastructure projects, in the district. The bill also defines “affordable housing “as residential housing for rent or sale that is appropriately priced for rent or sale to a person or family whose income does not exceed 80 percent of the median income for the local area, with adjustments for household size, from the United States Department of Housing and Urban Development.
H. 4218 Restrictions on the Use of Genetic Information
The House amended, approved, and sent the Senate H. 4218, a bill providing restrictions for insurers on the use of genetic information obtained from preventive screenings to detect vari-ations or mutations, including carrier status, in an individual’s genetic material or genes that are scientifically or medically believed to cause, or are associated with a statistically increased risk of developing, a disease, disorder, or syndrome. The legislation revises provisions for health insurance, individual and group life insurance, and long-term care insurance to prohibit these insurers from requiring someone who has insurance coverage or who is applying for coverage to take a genetic test as a precondition of insurability. These insurers are also prohib-ited from requiring the complete genome sequencing of an individual’s DNA. These insurers are not allowed to request, obtain, or use an individual’s genetic information for underwriting purposes without first obtaining the individual’s signed, written consent. Provided that an in-dividual’s signed, written consent is obtained, these insurers are prohibited from cancelling, limiting, or denying coverage based solely on an individual’s genetic information.
H. 5007 Permitted Hook Size in the Lower Saluda River
The House gave third reading and sent to the Senate H. 5007, a bill that restricts permitted hook size in the Lower Saluda River. The bill outlines that when fishing with live or dead bait fish or bait fish parts in the Lower Saluda River between June 16th and September 30th, hook gap, the distance from hook to point to shank, must not exceed three eighths of an inch (#6 hook) for all hook types with exceptions. All sizes of inline, nonoffset, nonstainless steel circle hooks are allowed.
H. 4611 Electronic Dog Control Device
The House gave third reading and sent to the Senate H. 4611, a bill that makes it illegal to re-move an electronic dog control device placed on a dog by its owner. This provision does not apply when an electronic collar or other electronic tracking device is removed or destroyed for the reasonable administration of medical assistance given to the dog. A person who violates this section is guilty of a misdemeanor and the bill provides for penalties.
H. 4612 Taking of Feral Hog by Helicopter
The House gave third reading and sent to the Senate H. 4612, a bill dealing with the taking of feral hog by helicopter. The bill outlines that the Department of Natural Resources may issue permits to private lands for the taking of feral hogs while airborne in a helicopter if it is neces-sary to protect land, water, wildlife, livestock, domesticated animals, human life, crops, or to
meet wildlife management objectives. The bill further states that no feral hog may be taken us-ing a helicopter on any parcel or group of parcels consisting of less than 500 contiguous acres. As a result, the application for permit must provide for the identification of the specific parcel with sufficient detail along with other sufficient details. A permit may not be issued for the purpose of sport hunting.
H. 4333 Mobile Optometry Units
In an effort to help rural areas, the House gave third reading and sent to the Senate H. 4333. Currently mobile optometry units only operate during the school year. This bill allows mobile optometry units to operate during the summer when schools are not in session. The mobile optometry unit must be at a site of an organization serving children from low-income commu-nities if approved by the local community foundation serving the region. For clarification, a “community foundation” means an organization, lawfully organized and in good standing, that typically focuses on supporting a geographical area by addressing community needs and supporting local nonprofits.
H. 4680 Firefighter Cancer Health Care Benefit Plan
The House gave third reading and sent to the Senate H. 4680, a bill that removes the residency requirement for firefighters under the Firefighter Cancer Health Care Benefit Plan.
H. 4365 “Social Work Interstate Compact Act”
The House gave third reading and sent to the Senate H. 4365, a bill allowing the state to enter into a multistate agreement under the “Social Work Interstate Compact Act”. This compact offers South Carolina an opportunity to participate, allowing for access for social work ser-vices. The compact requires member states to recognize licenses for social workers issued by any other member state as well as allow for the practice of telehealth between member states. To be eligible to participate in the compact, a member state must currently meet all of the following criteria to include but not limited to license and regulate the practice of social work; require applicants for licensure to graduate from an approved program of the licensing authority; require applicants for clinical licensure to complete a period of supervised practice; as well as have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees. Among many things, the bill also provides for the structure, function, powers, and duties of the Social Work Licensure Compact Commission.
H. 4113 Ambulance Fee Trust Fund
The House approved and sent the Senate H. 4113, a bill that creates an ambulance assessment fee for private ambulance services charged by the South Carolina Department of Health and Human Services and deposited in a newly established Ambulance Fee Trust Fund where this funding can be augmented with federal matching dollars. The Trust Fund is to be used exclu-sively to supplement Medicaid reimbursements to ambulance services to make the transporta-tion of Medicaid patients more cost effective.
H. 4754 Real Estate Brokers
The House amended, approved, and sent the Senate H. 4754, a bill that makes comprehensive revisions and updates to the provisions governing the licensing and regulation of real estate brokers, brokers‑in‑charge, associates, and property managers. The revisions include: pro-hibiting the practice of “wholesaling” which involves having a contractual interest in purchas-ing residential real estate from a property owner, then marketing the property for sale to a dif-ferent buyer prior to taking legal ownership of the property; enhancing provisions for bro-kers‑in‑charge to provide for greater responsibility; updating advertising rules; raising the minimum fine for violations from five thousand to ten thousand dollars; establishing criminal background checks for associates; and, specifying that licensees are responsible for all work product generated with the assistance of artificial intelligence, machine learning, or similar programs.
H. 4819 Photograph for Handicapped Parking Placards
H. 4819, read a third time and sent to Senate, relates to parking placards for handicapped per-sons. This bill would allow applicants (focused on children) for handicapped parking placards to provide a photograph for the placard subject to the Department of Motor Vehicle’s ap-proval.
H. 3160 Limousines and Ride-Share Apps
H 3160, read a third time and sent to Senate, would amend the “personal vehicle” and “prear-ranged ride” definitions applicable to the transportation network company act (TNC) to allow for the inclusion of limousines and other for hire vehicles. This bill allows for limousines and charter limousines to be available by ride-share apps (e.g., Uber and Lyft ).
H. 4933 Sunscreen Devices
H. 4933 , read a third time and sent to Senate, would hold that the provision regarding sun-screen (window tinting) devices do not apply to law enforcement vehicles. The current excep-tion applies to law enforcement vehicles regularly using a vehicle to transport a canine trained for law enforcement purposes.
H. 4436 Emergency Scene Management
H. 4436 was read a third time and sent to Senate. In an effort to protect tow trucker operators, H. 4436 would mandate that drivers maintain control of their vehicles in emergencies, includ-ing scenes with stopped vehicles, adding that drivers do not obstruct emergency vehicle oper-ations nor operators of authorized emergency vehicles. A person who violates this require-ment is guilty of a misdemeanor and, upon conviction, must be fined not less than $300 nor more than $500. H. 5146 License Plate Readers H. 5146, amended and ordered to third reading, would direct the South Carolina Department of Transportation to expeditiously and fully cooperate with Florence county and the City of Florence in facilitating the installation and use of automatic license plate readers.