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S. 903 would require certain homeowners' association documents to be subject to Section 30-5-30. This is an SCAC policy position. A committee amendment further defines “governing documents” and establishes a filing timeframe.
Status: The Senate gave S. 903 a second reading, and the bill is pending third reading on the Senate calendar.
Firefighters Workers’ Compensation Coverage
H. 3163 would revise the list of existing occupational diseases that are currently compensable under the South Carolina Workers’ Compensation Law to include the occurrence of a stroke as one of the conditions that are presumed to have “arisen out of and in the course of employment” for firefighters. SCAC staff testified in support of an amendment to the bill and after verifying that this presumption only applies if the condition or conditions develop while a firefighter is actively engaged in fighting a fire, participating in a technical rescue incident or training exercise that involves stressful or strenuous physical activity, or within 24 hours thereof. The presumption does not apply to clerical, administrative, or sedentary activities.
Status: A Senate Judiciary subcommittee gave H. 3163 a favorable report, and the bill will be on the next full committee’s agenda.
Drone Regulations
H. 4679 would establish statewide regulation of drone operation, create criminal penalties, and authorize law enforcement to detain individuals, investigate violations, and confiscate violating drones. Operating a drone in restricted areas would be a misdemeanor, while more serious offenses such as weaponizing a drone, unlawfully surveilling, or smuggling contraband to correctional facilities would be a felony. Exemptions for law enforcement, emergency medical services, military, and agricultural operations are included. The legislation would not apply to employees of any state, county, municipal, or local government agency or department acting withing the scope of their employment or official duties.
Status: The House amended the bill to conform the language to federal law and to add several additional circumstances under which drones cannot be operated. One of these circumstances is for monitoring or otherwise collecting visual, photographic, video, geospatial, thermal, or other sensor information regarding a military installation, a correctional or detention facility, an emergency response site, or any large event for the purpose of identifying vulnerabilities, security measures, ingress or egress routes, response patterns, or other operational features. The House then gave H. 4679 second and third readings, sending the bill to the Senate.
Master-In-Equity Term in Office
S. 879 would standardize the terms in office for masters-in-equity beginning in 2027. For any new master-in-equity court established after Jan. 1, 2027, the initial term will start July 1, the year the court is created. For existing masters-in-equity, terms will be adjusted to expire on June 30—either in the year it was originally set to end if it was on or before July 1 of that year or if their term was set to end after July 1, the following June 30.
Status: The Senate gave S. 879 second and third readings this week, sending the bill to the House.
DUI Reform
S. 52 would reform the penalties for people convicted of driving under the influence. The bill would create a centralized magistrate court and establish new jury areas within each county. This centralized court would have jurisdiction over all magistrate-level offenses involving alcohol for first and second offense violations of Sections 56-5-2930 and 56-5-2933, as well as any other magistrate-level offenses as determined by the circuit solicitor. This also includes these offenses in the jurisdiction of municipal court if the solicitor has informed the court and attorney that they will assume prosecution of first offense violations. The clerk of court would be required to forward the arrest warrant or charging documents for these violations to the judicial circuit solicitor.
Status: A House Judiciary subcommittee took extensive testimony on S. 52 before carrying the bill over to hear from more people.
Help Find Missing Americans
S. 745 would enact the “Help Find Missing Americans Act” which allows a wireless device account holder, after filing a missing person’s report, to submit a written request to the wireless service provider to provide access information for the individual’s telecommunications device. The information request is limited to location information, phone numbers to which calls were made or received, and the amount of wireless data used.
Status: A Senate Judiciary subcommittee gave the bill a favorable report, and the bill will be on the next full committee’s agenda.
Deed Theft
S. 822 would create the felony of deed theft and make it unlawful for a person to alter, forge, or counterfeit any real estate instruments; possess or use a real estate instrument knowing it to have been altered, forged or counterfeited; or use a false or fictitious name or address, make a materially false statement, fail to disclose a security interest or conceal any other material fact in the filing of a real estate instrument. However, real estate attorneys could file corrective deeds and mortgages to make changes to real estate instruments.
Status: The Senate further amended the bill to allow a victim to bring an action in circuit court against the wrongdoer before giving the bill a second reading. The bill is pending third reading on the Senate calendar.
Electronic Monitoring Companies
H. 5401 would create new penalties for the unlawful operation of an electronic monitoring company. Under current law, electronic monitoring companies must be licensed by the State Law Enforcement Division. Notice of a violation must be given to a defendant or their counsel and may be provided in writing by the court, the clerk of court, the solicitor’s office, or by any other method reasonably calculated to provide actual notice to the defendant.
Status: The House Judiciary Committee adopted a technical amendment and gave H. 5401 a favorable report, as amended Tuesday. The House then gave H. 5401 second and third readings, sending the bill to the Senate.
Pregnancy During Incarceration
S. 385 would enact the “Women's Childbirth Alternatives, Resources, and Education Act” to support pregnant women in incarceration facilities. It would mandate pregnancy testing upon admission, allow for supervised pre-incarceration probation under certain conditions, and permit deferred sentencing for nonviolent offenders at least 12 weeks after childbirth. The act also would establish penalties for failure to surrender, outline procedures for pregnancy loss during probation, and set reporting requirements.
Status: The Senate adopted a committee amendment to allow a judge to place the defendant on supervised probation or delay incarceration from 12 weeks to 12 months if a defendant is pregnant or in a postpartum period. The defendant must surrender to the jail of the county of conviction for sentencing after the postpartum period. The Senate then gave S. 385 second reading.
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