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Legislative Weekly Update: April 2-5

Third Reading and Sent to the House

S.530 -- Consolidated Procurement Code

A bill to update the Consolidated Procurement Code. The update clarifies that the notification shall occur to the Director of the Division of Procurement Services; further define terms such as “information technology,” “information resources,” “database,” “software,” and more; provide that a business day does not mean Saturday, Sunday nor state or federal holiday; provide use of ‘public funds;’ and other related awards and items.

S.575 -- Wild Turkey Tags

A bill to revise the seasons for hunting wild turkey in the four Game Zones; provides for a one turkey limit during the first ten days of a season. The bill establishes a $10 fee for set of turkey tags for residents and $50 fee for set of tags for nonresidents. Persons under the age of 16, lifetime licensees and gratis licensees have no cost. Additionally, ‘Youth Turkey Day’ for persons under the age of 18 is established the Saturday preceding the start of a game zone turkey season. The bag limit is one male wild turkey.

Given Second Reading

S.7 -- Tort Claims

A bill to increase the limits from a loss, under the Tort Claims Act, from a single occurrence for persons to five hundred thousand dollars and total sum arising out of a single occurrence to one million dollars. Additionally, a party who files an offer of judgement shall be allowed to recover administrative, filing or other court costs, and eight percent interest on the amount of the verdict from the date of the offer.

S.17 – Certifying Coroner and Sheriff Candidates

A bill relating to the duties of the county boards of voter registration and elections are responsible for certifying that county’s candidates for country coroner and country sheriff.

S.180 – Drones Over Military Installations

A bill relating to trespasses and the unlawful use of the property of others. This states that it is unlawful to operate an unmanned aerial vehicle within a horizontal distance of five hundred feet or a vertical distance of two hundred fifty feet from the flight path of a federal military installation with restricted public access without written consent. Violation and conviction of not abiding will result in either a less than $500 fine, less than 30 days imprisonment, or both.

S.189 -- Child Torture

A bill to provide that it is unlawful to commit torture or allow torture to be committed against a child and further define terms. ‘Torture’ includes, but is not limited to, inflicting or participating in or assisting in inflicting intense physical or emotional pain upon a child repeatedly over a period of time for the purpose of terrorizing the child or for the purpose of satisfying the sadistic, craven, cruel or prurient desires of the perpetrator or another person. A person is guilty of homicide by child abuse if the person causes the death of a child while committing torture or knowingly aids and abets another person to commit torture that results in the death of a child. Homicide by child abuse is a felony and a person who is convicted must be imprisoned for life or must be imprisoned for a term of not less than twenty years.

S.276 – Threatening with Dangerous Weapon

A bill to provide that it is unlawful for a person to threaten, solicit another to threaten, or conspire to threaten to cause damage, serious bodily injury, or death. This bill also provides it unlawful to cause damage to or destroy a building or other real or personal property by use of a dangerous weapon on any premises or property owned, operated, or controlled by any post-secondary institution, in a church, in any publicly owned building or recreational park areas or in a public gathering place. If this is violated, the person charged must undergo a mental health evaluation and, if necessary, mental health treatment or counseling.

S.281 – Service Animals

A bill to provide that it is unlawful for a person to intentionally misrepresent an animal as a service animal or service animal in-training for the purpose of obtaining any right provided to a disabled person, and provide penalties. Inquires made in order to investigate are limited to those inquires allowed by the Department of Justice. A uniform traffic ticket may be used for the arrest. Landlords may request documentation to verify tenant’s lawful use of a service animal, which shall be deemed sufficient if it establishes an individual has a disability and the animal will provide disability-related assistance or support.

S.342 – Alcohol Server Training

A bill to enact the “Responsible Alcohol Server Training Act” by implementing and enforcing mandatory alcohol server training and education programs to businesses to obtain alcohol server certificates. This requires servers of all alcoholic beverages for on-premises consumption in licensed or permitted businesses to obtain alcohol server certificates, and to require fees from providers of training programs and from applicants for alcohol server certificates. Training programs must only be either online or in the classroom. Topics covered in this bill include, but are not limited to, state laws regulation alcohol purchasing, liquor liability issues, impaired driving or driving under the influence, information on blood alcohol concentration and factors that change this, the effect alcohol has on the human body and human behavior, methods of refusing to serve or sell alcoholic beverage to individuals under twenty-one years of age and intoxicated individuals, methods for properly and effectively checking the identification of an individual, for identifying illegal identification, and life consequences, like losing education scholarships, relating to minors use.

S.413 -- Naval Criminal Investigation Authority

A bill to provide that Naval Criminal Investigative Service Agents are authorized to enforce the state’s criminal laws by federal law enforcement officers.

S.439 -- Port Cargo Tax Credit

A bill increase the maximum amount of tax credits allowed to all qualifying taxpayers from eight million to fifteen million dollars for each calendar years, as it relates to cargo volume, port transportation, transportation of freight, good and materials.

S.480 – Fingerprint Background Checks

A bill relating to South Carolina Law Enforcement Division to provide that an agency authorized to conduct fingerprint background checks in this state may conduct a federal fingerprint review to provide that SLED, upon request, may submit the fingerprints collected by agencies to the Federal Bureau of Enforcement Division. SLED and the FBI may retain collected fingerprints and search any retained fingerprints later pursuant to an appropriate inquiry.

S.595 – Childcare Facility Registry

A bill to prohibit a childcare facility from employing a caregiver or other staff that is registered or required to register on the National Sex Offender Registry, State Sex Offender Registry, or Central Registry, and State Child Abuse and Neglect Registry.

S.601 – Childcare Facility Background Checks

A bill to provide restrictions on foster care or adoption placements to add background check requirements from each employee of a residential facility where children in foster care may be placed. No child in custody of the Department of Social Services may be placed in a foster home, adoptive home or residential facility if the person has a substantiated history of child abuse or neglect or has pled guilty or nolo contendere or has been convicted to offenses outlined in the section.

S.649 – Real Estate Background Checks

A bill to provide that certain real estate professionals must undergo criminal background checks for initial applications for licensure and for licensure renewals, as well as property managers and property managers-in-charge.

S.666 – Golf Carts

A bill to provide that a municipality with a land area of approximate 3.87 square miles and a population estimated as of July 1, 2017, to be between ten and eleven thousand persons by the United States Census Bureau's Population Estimate Program that is located within a county that had a population of two hundred twenty-six thousand seventy-three persons according to the 2010 United States Census may enact an ordinance allowing the operation of a permitted golf cart for up to sixty minutes after sunset on locally owned roads for which the posted speed limit is twenty-five miles an hour or less if the golf cart has operable headlights and brake lights.

This Week in Committee

Senate Finance Committee:

S.678 – Santee Cooper Bid

A joint resolution to provide the Department of Administration shall conduct a competitive bidding process for the sale of Santee Cooper and the Department shall make a recommendation concerning the sale and forward the recommendation, proposed contract to execute the sale, and supporting documents to the Senate Finance Committee and the House Ways and Means Committee. The Department must execute any documents necessary in order to carry out the sale upon the enactment of a joint resolution approving the sale.

Senate Labor, Commerce and Industry Committee:

S.689 – Denial of License Applications

A bill to provide that professional boards and commissions may not solely deny a license application based upon an applicant's prior criminal conviction unless the conviction is for a crime that directly relates to the duties and responsibilities for the specific occupation or professional license being sought.

Senate Agriculture and Natural Resources Committee:

H.3698 – DHEC Coastal Zones

A bill to amend the Development of the Coastal Management Program to exempt from review by DHEC individual navigable waters permits for docks located in the eight coastal counties but outside critical areas, and a coastal zone consistency certification is deemed approved if review is not completed within thirty days of an administratively complete application.

H.3699 – Permit Applications

A bill to provide that permit applications to construct private recreational docks on the Atlantic Intracoastal Waterway Federal Navigation Project, in a county where more than eighty percent of the Atlantic Intracoastal Waterway is outside of the critical area, shall be deferred to the United States Army Corps of Engineers in determining the total allowable dock square footage of the structure.

H.3700 – Shoreline Erosion

A bill to allow for the placement of shoreline perpendicular wingwalls that extend landward at a 90-degree angle from the ends of the existing erosion control structures or devices that are consistent in height and composition with the existing erosion control structures.

As always, please let me know if there is anything I can do to help, and thank you for allowing me to serve you in Columbia.

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