Legislative Action This Week

Week Ending May 22, 2015

Legislative Action This Week…

Trespass Liability (Priority) >>> H.3266, the Trespasser Responsibility Act, remains on the Senate calendar in the "Statewide Second Reading Bills" section of the agenda. Senator Gerald Malloy (Darlington) made motions to carry over the bill on Tuesday and Wednesday and temporarily objected to the bill's consideration on Thursday. Sen. Chip Campsen (Charleston) questioned Sen. Malloy on Wednesday about his sixth day of making motions to carry over the bill. His response indicated he did not like the bill and felt it was "unnecessary". We are working on our next steps to get the bill up for a vote. Please contact your Senator, specifically Senator Malloy, and urge passage of the Trespasser Responsibility Act. H. 3266, would codify the common law and preempts courts from adopting a provision from the American Law Institute which would upend the longstanding approach to trespasser responsibility and expand the duty on possessors to exercise reasonable care even for trespassers.

Notice of Public Meetings >>> The Conference Committee on S.11, FOIA Notice of Public Meetings, met Wednesday. House members included Representatives Newton, Powers-Norrell, and Taylor. Senate members included Senators Campsen, Gregory, and Johnson. The House and Senate versions have three main differences: differences in vote to add agenda item, posting to a website, and legislative agendas. The Committee agreed to return to their respective bodies and ask for free conference powers to address these differences.

Cotton Modular Vehicles>>> Late March, the House of Representatives passed H.3558, Maximum Gross Weight of Vehicles. The need for this legislation became known during the interim by DOT that currently statue does not exist. H. 3558 sponsored by Representative Russell Ott (Calhoun) would allow for DOT to continue the Cotton Module permitting process as is. The bill currently sits in the Senate Transportation Committee. We are currently working the bill to get polled to the Senate floor.

Budget >>>The Senate resumed debate on H.3702, the Capital Reserve Fund, Wednesday and made no progress. Senators Shane Martin (Spartanburg) and Kevin Bryant (Anderson) offered an amendment that would remove almost $85 million in Higher Education funding to give to road funding. Senator Tom Davis (Beaufort) took the podium in favor of the amendment and held it the rest of the afternoon. Senator Gregory (Lancaster) stood in question to the amendment and said colleges and universities needed the funds for deferred maintenance. Senator Gregory said taking the higher education money leaves them with $221 million less than they had before the recession. The amendment debate resumed and ended Thursday with Davis retaining the floor. Senator Hugh Leatherman (Florence) informed the Senate to expect next week to be a long work week.

Repair and Maintenance of Rural Roads and Bridges (Priority) >>>H.3579, THE "SOUTH CAROLINA INFRASTRUCTURE FINANCE REFORM AND TAX RELIEF ACT"; sits in the status of SPECIAL ORDER. Currently, two bills are in the Special Order status-H.3579 and H.3114, the Pain Capable Unborn Child Protection Act. With only 6 legislative days left before Sine Die, time is running out to fix our deteriorating roads and bridges. Special interest groups opposed to fixing our roads continue to bombard legislators with calls of inaction. These groups cannot go unchallenged, please continue to contact Senators that fixing our roads is a priority this session. We can no longer wait.

Fix SC Roads press conference… In a press conference in the State House lobby on Tuesday, Lexington Young Farmer Loni Rikard urged lawmakers to use the days remaining in this legislative session wisely and to debate and pass a solution to fix our roads. Her message was echoed by speakers from the SC Palmetto Agribusiness Council, SC Chamber of Commerce, SC Alliance to Fix our Roads, among other groups.

Bills of Interest S.592: Night Hunting Feral Hogs, Coyotes, and Armadillos Relates TO THE HUNTING OF FERAL HOGS, COYOTES, AND ARMADILLOS, TO PROVIDE THAT FERAL HOGS, COYOTES, AND ARMADILLOS MAY BE HUNTED AT ANY TIME OF THE YEAR UNDER AUTHORITY OF AND PURSUANT TO THE CONDITIONS CONTAINED IN A DEPREDATION PERMIT ISSUED BY THE DEPARTMENT AND FROM THE LAST DAY OF FEBRUARY TO THE FIRST DAY OF JULY WITH ANY LEGAL FIREARM, BOW AND ARROW, OR CROSSBOW WHEN NOTICE IS GIVEN TO THE DEPARTMENT, AND TO PROVIDE CONDITIONS FOR HUNTING THESE ANIMALS AT NIGHT. If passed, a hunter using subsonic center fire ammunition is not required to hunt from an elevated position provided that he is not carrying supersonic center fire ammunition. Awaiting debate on the House floor

S. 463: Department of Natural Resources Review of Wildlife Tagging TO DIRECT THE DEPARTMENT OF NATURAL RESOURCES TO CONDUCT A REVIEW OF WILDLIFE TAGGING, VALIDATION, AND METHODS OF CHECKING HARVESTED GAME UTILIZED IN OTHER STATES AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS. Having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification

S. 454: Hunting and fishing licenses (Buck Tags) RELATING TO HUNTING AND FISHING LICENSES, TO PROVIDE THAT A PERSON MUST HAVE IMMEDIATE ACCESS AND AUTHORIZATION TO UTILIZE DEER QUOTA TAGS TO HUNT ON PROPERTY WITH A DEER QUOTA PROGRAM PERMIT, TO PROVIDE FOR THE DEER QUOTA PROGRAM AND REQUIREMENTS FOR APPLICATION THERETO, TO PROVIDE THAT A PERSON MUST POSSESS A SET OF INDIVIDUAL DEER TAGS FROM THE DEPARTMENT TO HUNT ON PROPERTY WITHOUT A DEER QUOTA PROGRAM PERMIT, TO SET THE DEER TAG FEES FOR IN AND OUT-OF-STATE RESIDENTS; RELATING TO THE PROTECTION OF GAME, TO PROVIDE FOR THE BAG LIMITS FOR ANTLERED AND ANTLERLESS DEER, AND THE LIMIT FOR DEER ON PROPERTY ENROLLED IN THE DEER QUOTA PROGRAM, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO TAKE MORE THAN THE LEGAL LIMIT OF DEER, AND TO PROVIDE FOR THE PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND CHAPTER 11, TITLE 50 OF THE 1976 CODE, RELATING TO THE PROTECTION OF GAME, TO PROVIDE THAT THE DEPARTMENT SHALL ISSUE DEER TAGS AND TO PROVIDE FOR THE CIRCUMSTANCES SURROUNDING THE VALIDITY OF SUCH TAGS, TO PROVIDE THAT ALL DEER TAKEN MUST BE TAGGED, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO POSSESS, MOVE, OR TRANSPORT AN UNTAGGED DEER, TO POSSESS MORE THAN ONE SET OF DEER TAGS OR TAGS ISSUED IN ANOTHER'S NAME, AND TO ALTER A DEER TAG FOR FRAUDULENT OR UNLAWFUL PURPOSES, AND TO PROVIDE FOR THE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-11-390 OF THE 1976 CODE, RELATING TO DEPARTMENTAL AUTHORITY OVER GAME ZONES, TO AUTHORIZE THE DEPARTMENT TO PROMULGATE NECESSARY REGULATIONS RELATED TO THE TAKING OF DEER; AND TO REPEAL SECTION 50-11-335 OF THE 1976 CODE. House Agriculture, Natural Resources and Environmental Affairs Committee