The Weekly Rewind: Week of March 31st

*** This week’s Floor Actions of the SC House of Representatives, prepared by staff. Should you have any questions about my votes on these bills, or would like additional information, please contact my office at (803) 734-2969. **

H. 4804 Tougher Sentences For Sexually Exploiting Minors

H. 4804 which seeks to increase sexual exploitation of a minor minimum penalties increases is also in the Senate after passing the House this week. These increases, which would range in First Degree offenses from three years to five years imprison-ment and for Second Degree sexual exploitation of a minor minimum offenses these penalties would increase to three years’ imprisonment. For Third Degree sexual exploi-tation of a minor, penalties would be based on the number of images violators pos-sessed, including a penalty of up to ten years if there are one to twenty-five images, one to ten years if there are twenty-six to two hundred fifty images, and a penalty of two to ten years if there are more than two hundred fifty images. Violators would face a minimum of five years jail time for their malfeasances.
Those convicted under this crime would be required to register as sex offenders, and would not be eligible for parole until they have served the minimum amount of jail time.

Any violator who was previously convicted of a criminal offense that required regis-tration on the state sex offender registry would have to be sentenced to an additional five years.

H. 4591 Stop Harm From Addictive Social Media Act (SHASM)

The House has passed, and also sent to the Senate, H. 4591, the “Stop Harm from Ad-dictive Social Media (SHASM) Act.” It represents a comprehensive legislative effort that would, among other things, require covered social media platforms earning one billion dollars or more in annual advertising revenue to meet several requirements. They include using reasonable means to estimate the age of certain South Carolina ac-count holders, verifying their age, creating default account settings for certain users, and requiring parental consent before children (i.e., anyone sixteen years old or younger) could use their product. Minors are defined as any South Carolinian under eighteen years of age who are not emancipated. Their default treatment of accounts would be to treat these account holders as children.
It excludes certain other platforms where a sender emails, videoconferences, direct messages, shares photographs, videos or other messages to specified recipients, and does not publish them publicly, or share them with other users not specifically identi-fied by those senders as recipients.

The personal information to be protected under this legislative effort would be as de-scribed in the federal Children’s Online Privacy Protection Act, 15 U.S.C. Section 6501(8). Violators would not face liability to children or their parents if they use rea-sonable means to correct their violations. In other instances, these platforms could face $10,000 civil penalties or pay actual damages, whichever amount proves to be higher, and be subject to the remedies under our Unfair Trade Practices Act.
If enacted, it would be effective on January 1, 2027.

H. 5075 Personal Privacy Protection Act

The Senate also received from the House H. 5075, a bill that would maintain as private information, not subject to any disclosures, personal information about nonprofit or-ganization members, volunteers, or donors in any public manner.
Specified filings with the Secretary of State would not qualify for the protections set out in this bill, however.
Other exemptions to these protections would include lawful discovery requests, war-rants, a showing of a compelling need for this information, and organization public filing information. Aggrieved parties could file civil suits and collect civil penalties from violators. Willful violators also could face criminal charges carrying up to ninety days in jail and/or fines of up to $1,000.

H. 3034 Harming or Killing Law Enforcement Service Dogs or Horses

A favorable report, with amendment, was voted on H. 3034, also known as “Fargo’s, Hyco’s, Rico’s, Coba’s, Wick’s, Mikka’s, and Bumi’s Law.” Anyone harming or killing law enforcement dogs or horses would face up fines from $2,000 to $20,000 and/or up to fifteen years in jail, could be required to perform one year of animal-related com-munity service depending on the nature of the offense committed, and pay restitution including paying acquisition, training, and veterinary expenses for a killed service an-imal, and face other consequences for doing so. Violations also include shooting a ve-hicle while these service animals are inside it.

H. 4764 Correctional Facility Cooperation With Federal Immigration Authorities

Also given a favorable report, with amendment, was H. 4764, pending legislation to clarify how law enforcement agencies, who operate correctional facilities, should have memorandums of agreement with federal immigration enforcement agencies under Section 287(g) of 8 USC Section 1357, also known as the Illegal Immigration Re-form and Responsibilities Act of 1996. To comply with the provisions of H. 4764, enti-ties would participate in any immigration programs that authorize law enforcement agencies to enforce federal immigration laws.
However, a showing of financial hardship to enter in these agreements could serve as a safe harbor for local law enforcement correctional facilities from participating in these agreements. So-called holding cells that are defined under current law would be exempt from participating.

This version also sets out the scope, duration, responsibilities, and limitations of state entities enforcing federal laws. No school resource officers could be required to partic-ipate in these agreements, in this bill’s current version. Officers operating under these agreements generally would be extended immunity from liability. However, any offic-ers acting outside the scope of their authority; acting with actual malice, actual fraud, or intent to harm; or who commit crimes of moral turpitude would have no immunity.

The Attorney General would have the responsibility to investigate any allegations that law enforcement agencies have failed to meet their responsibilities in these agree-ments or set out sufficient reasons for not entering into an agreement, but could not do so if federal entities cancel any existing agreements. Their office is also required to publish quarterly reports setting out the status of all existing agreements, actions taken under them, and specified statistical data. A final component of this proposal is to re-quire SLED to set up training for these law enforcement agencies to enforce applicable federal immigration laws.

H. 5164 Hospital Justified Emergencies

The House adopted the committee’s amendment, gave third reading and sent to the Senate H. 5164, legislation addressing hospital justified emergencies. During a justi-fied emergency, and when all hospital treatment space has been exhausted, patient beds may be placed in hallways, corridors, and other means of egress with approval from a designated member of the emergency department leadership team. The bill defines a “justified emergency” as including, but not limited to, a natural or manmade disaster or a declared state of emergency. In an effort to provide for the health and safety of patients and visitors, the bill outlines that hospitals shall maintain a clear pathway in hallways, corridors, and means of egress and shall not block exits. Hospi-tals shall not erect or construct partitions or structures that obstruct the building’s fire protection systems including automatic sprinkler systems or fire alarm and detection system components. Hospitals shall develop written protocols for justified emergency conditions and shall require all employees responsible for the care or treatment of pa-tients to familiarize themselves with these protocols.

S. 477 Self-Administered Hormonal Contraceptives Protocols

The House has insisted on its amendments to S. 477 Self-administered hormonal con-traceptives protocols. Under the provisions of this pending legislation with House amendments, and to clarify implementation of the provisions of the 2022 Pharmacy Act, the State Board of Medical Examiners would be responsible for setting out proto-cols for dispensing self-administered orally taken, or injected, hormonal contraceptives either with or without a standing order for them being in place. This protocol would be the case for anyone 18 years or older, or who is emancipated and had a previous prescription issued to them.
Reps. Guest, Calhoon, and Bernstein are the House appointees to this Conference Committee.

H. 4292 Roadway Protection and Safety Act

H. 4292 The Roadway Protection and Safety Act has passed the House and been sent to the Senate. Should it become law, it would prohibit defined participants, organizers, and abettors from taking over highways, streets, and rights-of-way. As amended, de-fined prohibited activities would include, but not be limited to, burnouts, drifting, doughnuts, speed contests, and wheelies performed in the public right of way. In its current version, permitted activities on private property would not be subject to these proscriptions.
Violators would face up to $3,000 in fines and/or up to three years in jail depending upon the nature of their violation of this new, proposed criminal law. Spectators face penalties that would range up to $500 or sixty days in jail, depending on the number and nature of their offense. In addition, most offenses outlined in this pending legisla-tion would be triable in magistrates or municipal courts.

H. 3013 Checking Up On Lay Guardians Ad Litem

Another bill sent over to the Senate by the House was H. 3013, a bill covering lay guardians ad litem, appointed in family court cases involving the South Carolina De-partment of Social Services. If enacted, this pending measure would require these in-dividuals to undergo annual criminal history background checks, which would then be valid for 365 days, in order to serve. These background checks would have to be filed with any affidavits these lay guardians ad litem file with the family court.

H. 4805 More Circuit and Family Court Judges

Continuing effort, by the House after working with the South Carolina Supreme Court Chief Justice, has resulted in the House passing H. 4805, which would convert at-large circuit court seats to resident seats in the First, Third, Fifth, Sixth, Eighth, Tenth, and Fifteenth Judicial Circuits. It also would convert a total of four at-large family court seats to resident seats in the Fifth (two of these four seats), Tenth, and Twelfth Judicial Circuits.

As amended, it also vests judges in the judicial retirement system after serving for eight years, as is already the case for Chief Public Defenders and Circuit Solicitors

H. 4817 “Insurance Rate Reduction And Policyholder Protection Act”

The House of Representatives amended, approved, and sent the Senate H. 4817, the “Insurance Rate Reduction and Policyholder Protection Act”. Drawing upon the work of the Insurance Rate Review Ad Hoc Committee, this bill aims to lower insur-ance premiums for the state’s consumers and encourage greater availability and af-fordability of residential property and casualty insurance and personal automobile in-surance in South Carolina through comprehensive revisions that emphasize: enhanc-ing measures to combat insurance fraud and predatory roofing practices; reducing the frequency and severity of claims; increasing competition in the marketplace; enhanc-ing mitigation incentives and tax credits for improvements that make property more resistant to damage in natural disasters; and, increasing protections for policy holders. The legislation establishes the Insurance Fraud Division in the Department of Insur-ance and specifies the duties for the division, the Attorney General, and the State Law Enforcement Division. The legislation enhances criminal penalties for engaging in in-surance fraud and creates a felony offense for staging a motor vehicle collision. Insur-ance fraud is brought within the jurisdiction of the State Grand Jury. The Department of Insurance is authorized to enforce violations related to insurance or insurance fraud arising from roofing systems contracts or the delivery of goods or services related to roofing systems involving licensees and registrants of the South Carolina Residential Builders Commission. The legislation provides that no insurer may increase an auto-mobile insurance premium, cancel, or refuse to renew an automobile insurance policy for a named insured as a result of a motor vehicle accident unless it is determined that the accident was caused, in whole or in part, by an insured or a permissive user of the insured vehicle. The legislation eliminates the required zero-dollar deductible for au-tomobile safety glass repair and replacement, allowing consumers to customize cover-age. The legislation revises tax credits for excess paid for property and casualty insur-ance to increase the credit amount to $3,000. The legislation establishes the “SC Safe Home Program” to aid eligible homeowners in retrofitting insurable property to re-duce losses due to hurricane, tornado, or other catastrophic windstorm events. The legislation revises catastrophe savings accounts provisions to include certain approved retrofits to primary residences for hurricane or wind damage resilience. The legisla-tion increases tax credits for hurricane resistant retrofits to residences from $1,000 to $2,000. The Department of Insurance is required to establish benchmark values for dis-counts or credits offered for mitigation measures. A “Disaster Preparedness Sales Tax Holiday” is established as a weekend every spring during which tax is not collected on sales of such equipment as tarpaulins, plywood, duct tape, weather radios, flashlights, batteries, first aid kits, coolers, and smoke detectors. The DOI Director is charged with submitting an annual report to the General Assembly that provides data illustrating the impact this legislation has had on insurance rates for South Carolina policyholders.

H. 3931 Coastal Tidelands and Wetlands Permit Applications

The House concurred in Senate amendments to H. 3931, a bill addressing Coastal Tide-lands and Wetlands Permit Applications, and enrolled the legislation for ratification. The legislation revises timelines for the Department of Environmental Services to take action on permit applications for coastal development plans. Within the ninety-day timeframe, a fifteen-day window is established for DES to request any additional tech-nical information that the department needs from an applicant. The legislation pro-vides authority for DES to hire one or more third-party, independent engineers to as-sist the department in its duties.

H. 4761 Annual Evaluations Of Faculty At Public Institutions Of Higher Learning

H. 4761, read a third time and sent to the Senate, requires state institutions of higher learning to establish an annual performance evaluation policy for all faculty members (not less than every five years) as well as a post-tenure review process for every ten-ured faculty member (not less than once every six years after the faculty has gained tenure). Each faculty member’s evaluation shall include but not be limited to measur-able assessment areas such as teaching, research, service, administration and other cat-egories as determined by the institution.

H. 3873 Distribution Fingerprint and DNA Identification Kits

H. 3873 was amended, given third reading and sent to the Senate. The bill relates to the distribution of fingerprint and DNA identification kits through public schools. The Attorney General’s Office shall have available to all school districts and open-enrollment charter schools inkless, in-home fingerprint and DNA identification kits for distribution, and the kits must be provided to the parent or legal custodian of any kindergarten, elementary, middle, or high school student upon their request.

H. 4610 American Sign Language Symbol Act

H. 4610 was amended, given third reading and sent to the Senate. The bill would en-act the “South Carolina State American Sign Language Symbol Act,” designating the “I Love You” (ILY) hand gesture as the official American Sign Language symbol of the state of South Carolina.

H. 5168 “Carolina When I Die” – An Official State Song

H. 5168 was amended and sent to the Senate. The bill would designate “Carolina Until I Die” by Patrick Davis as an official state song. An amendment changed the title to: “Carolina When I Die”

H. 3856 Comprehensive DMV Changes and Updates

Regarding H. 3856, Senate amendments were agreed to, and the Bill having received three readings in both Houses, was enrolled for ratification. The bill relates to numer-ous issues regarding driver’s licenses and permits, including definitions related to veterans, rental trailers, blood type, medical information, dealer licenses, dealer and whole sellers plates, auction licenses and fees, revise the definition of the term “bus,” modifies driver instructor permits (regarding the expiration dates for the permits and provide a schedule of fees (H. 3856)”), and would modify the points system for evaluat-ing performance records of dealers.

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