This Week in the Senate: March 26- 30,
Sent to the house for consideration...
A bill to provide that ROTC and marching band instruction that is based on certain standards in public schools must be considered the equivalent of physical education instruction.
A bill to specify the applicability of the “South Carolina Amusement Rides Safety Code to include concession go-karts but not super-karts provided that a person age 18 or older with a valid driver’s license are operating them. No person shall operate a super-kart in any establishment where other amusement devices are located and operated. The owner of a super-kart must carry an insurance policy in an amount not less than one million dollars per occurrence against liability for injury.
A bill to require local governments to establish an electronic database for pawnbrokers to submit certain pawn information for the use of law enforcement. The bill will also provide that a digital photograph be taken of the pledged or purchased item, and that upon probable cause law enforcement may secure property. The pawnbroker may initiate a claim and delivery action and notify law enforcement within a 10 day period of the seizure and the law enforcement agency must hold the property until the completion of that action.
Breach of Trust
A bill that further defines the crime of breach of trust with fraudulent intent as receiving in trust some property the person misappropriated, conceals, releases, destroys or otherwise converts the property for his benefit of the benefit of another person who is not an interest holder and does so with the intent to deprive an interest holder of its use.
A bill to provide that an election for sheriff can be conducted every four years in a general election in non-presidential election years.
Fire and Safety Inspections
A bill to require fire and safety inspections at all public school facilities and least annually and to provide certain duties and powers of the Office of the State Fire Marshal.
A bill to require anyone representing himself as an addiction counselor be licensed by the Board of Examiners for Licensure of Professional Counselors, Marriage and Family Therapists, Addiction Counselors and Psycho-Educational Specialists. The bill sets out the requirements. Currently there are no requirements that an addiction counselor obtain a license.
A bill to prohibit unfair practices targeting vulnerable adults by obtaining money, property or personally identifying information through deception, intimidation, undue influence, or false misleading or deceptive acts or practices, to further provide a right of action, recovery amounts and penalties and to further provide that the remedial provisions contained in the bill are cumulative.
Lower Saluda River Trout
A bill to establish a year-round “catch and release” zone on the lower reach of the Saluda River.
A bill to provide a specific size and possession limit for Cobia.
A bill to add exemptions for the Department of Commerce, Division of Public Railways and Persons acting under contract with the Department of Commerce from the South Carolina Mining Act.
A bill to allow the DSS to forego reasonable efforts to reunify a family in the case of torture, it will also include as a grounds for termination of parental rights, the torturing of a child. The bill adds into homicide by child abuse, death by torture or allowing another to torture causing death to a child.
A bill to provide that the filing provisions imposed pursuant to a regulation or procedure of the Department do not apply to employers in this State with fewer than fifty employees.
A bill to allow members of the SCRS, the GAR and PORS that become disabled as a result of an employment related injury to apply for disability retirement benefits within one year of the member’s date of retirement. Current statutes require a retiree to apply for disability retirement benefits within ninety days of the last day the member was employed by a covered employer in the retirement system.
A bill to extend the sunset of Act 205, which provides for an exemption of private, for profit pipeline companies from the definition of public utility, to November 30, 2020.
A bill to require electronic prescriptions with limited exceptions for targeted substances, which are defined as Schedule II and III controlled substances. Places prescribing limits on the quantity of these substances. The bill further requires that a dispenser review the prescription monitoring program for a twelve month period for the patient if the dispenser has reason to believe the patient is retrieving the substances under specific questionable circumstances.
Returned to the house with amendment...
Restructuring and Reauthorizing the South Carolina Conservation Bank
A bill to revise the composition of the Board. The revisions include adding the Chairman of the DNR Board and Forestry Commission and the Director of PRT as ex-officio members. It would allow the Governor 3 appointments at large, three by the Speaker of the House from the third, fourth and sixth Congressional districts and the President Pro-Tempore three from the first, second, fifth and seventh Congressional districts. It adds the requirement that board members possess experience in the areas of natural resources, land development, forestry, finance, land conservation, real estate or law. It will clarify that the bank, upon request, shall collaborate and advise on mitigation efforts between state agencies and other parties. It provides for the selection of the executive director to be made with the advice and consent of the Senate. It authorizes the board to make an award for an extraordinary opportunity provided 2/3 of the board members approve the award and it is approved by the JBRC. The bill deletes current sections that designate a limit on spending in certain areas, and adds a new section that specifies the bank will provide DNR up to 3 million annually in matching funds for federally funded grant programs in order to leverage money on projects.
Uniform Limited Liability Company Act
This bill repeals the Uniform Limited Liability Company (LLC) Act of 1996 and replaces it with the Uniform LLC Act of 2017. This bill provides for the manner in which limited liability companies are organized, operated, regulated, dissolved, and transferred. The bill also states that an LLC operating agreement may restrict or eliminate statutory fiduciary duties, a LLC member cannot be held liable for the malfeasance of an LLC by virtue of his membership alone, and a nonprofit LLC may be formed in South Carolina.
Lt. Governor Restructuring
A bill to provide that the duties of the Lt. Governor shall be assigned by the Governor, that the office is a division of the office of the Governor. It will also substitute “president of the Senate” for the “Lt. Governor” in all applicable current Senate duties, rights and obligations. It establishes the Department of Aging and removes it from a division of the Lt. Governor’s Office.
Base Load Review
A joint resolution to authorize the Executive Director of the Office of Regulatory Staff to file an action in circuit court to require the production of documents or witnesses in certain circumstances if an entity has provided goods for the design, construction or operation of a facility that has been the subject of a proceeding concerning the Base Load Review Act and giving such action administrative priority by the chief administrative judge in the county that it is filed.
A bill to establish requirements related to prescribing opioids to minors.
Controlled Substance Schedules
A bill to require the DHEC to notify the Code Commissioner of additions, deletions and rescheduling of substances.
South Carolina Homeowners Association Act
A bill to establish new provisions governing the operation of homeowner associations. A HOA must record the governing document or declaration in the local clerk of court’s office in order to be enforceable. It will establish new requirements for disclosing to potential owners whether property is subject to the governance of a HOA and how copies of governing documents may be obtained. A HOA is required to provide at least 48 hours’ notice before a meeting to take action to increase the annual budget by more than ten percent..
Agriculture and Natural Resources Committee
Coastal Zone Management Appellate Panel
A bill that would eliminate the Coastal Zone Management Appellate Panel. This body has been defunct since 2006, appeals by proviso have gone to the DHEC Board and then to ALC.
Beachfront Management Reform Act
A bill that would repeal final seaward movement of the baseline previously set by statute. It provides a new framework for new lines as those existing on 1/31/12 and that after 12/31/23, new lines for baselines and setbacks existing on 1/31/12 to be based upon the best available data. It establishes a cycle for baselines and setbacks but not to be initiated before 1/1/24, provides locations of new lines must be on department’s website 120 days prior to change, it must be noticed by publication in statewide and local newspapers and at least one hearing in county or municipality of geographic area 90 days prior. It provides for a review process for affected landowner.
Permits to Utilize Critical Areas
A bill to create a DHEC general permit, this would codify the actions of the Department in the Coastal Area regarding applications of a “known quantity” nature, being noninvasive and requiring no other permits.
As always, thank you for the privilege of serving you in Columbia. If I can ever be of assistance to you, or if you have ideas on the issues you want me to share with the rest of the General Assembly, please don't hesitate to contact me at