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Probate Proceedings — H. 4559. This is one of several bills that would amend Section 62-3-108 to allow a probate action to be brought specifically for death-related claims from exposure to the contaminated water at Camp Lejeune, regardless of when the decedent died, an SCAC policy position. A House Judiciary subcommittee gave the bill a favorable report, and H. 4559 should be on the next full committee’s agenda.
Probate Judge Qualifications — H. 5069. This bill would require probate judges in counties with a population greater than 90,000 residents to be at least 25 years old and a licensed attorney in good standing in this state. Probate judges currently serving in counties that do not meet these requirements are grandfathered. A House Judiciary subcommittee gave H. 5069 a favorable report, and the bill should be on the next full committee’s agenda.
Open Carry Without Training Act — H. 3594. This bill enacts the "Open Carry Without Training Act" allowing individuals to carry a concealable weapon openly on their person and openly about their person in a vehicle without having a concealed weapon permit. A person is prohibited from carrying a firearm into a courthouse, jail, school, daycare, church, medical facility, or business that has a sign prohibiting firearms. An owner of a firearm is required to report the loss or theft of such weapon to their local law enforcement agency within 10 days. Clerks of courts are allowed to carry a concealed weapon anywhere in the state if they possess a valid concealed weapon permit, a prior SCAC policy position. Public defenders and assistant public defenders are also permitted to carry concealed weapons anywhere in the state, except in local or state correctional facilities. The bill also enhances the penalties for people convicted of felonies found to be in possession of a firearm or ammunition. Under the bill, a person merely carrying a weapon is not sufficient to justify a search, detention, or arrest.
As previously reported, the Senate made several amendments to the bill before sending it back to the House. The House did not concur with the Senate amendments, the Senate insisted on their amendments and the bill went to conference committee.
The conference committee met this week. After a lengthy discussion, the committee adopted the majority of the Senate version. The final version of H. 3594 includes language that:
- Allows a business owner not wishing to allow concealable weapons in their establishment to place a clearly marked sign prohibiting the carrying of a concealable weapon on the premises in compliance with Section 23-31-235. A person who violates a provision of this item, whether the violation is willful or not, only may be charged with a violation of Section 16-11-620 and must not be charged with or penalized for a violation of this provision;
- Clarifies that a person would still be prohibited from carrying a firearm into a hospital, unless permission is given by the appropriate entity; in a church, unless express permission is given by the appropriate church official or governing body; and in a courthouse, courtroom, or other publicly owned building;
- Requires the South Carolina Law Enforcement Division (SLED) to offer, or to contract with local law enforcement to offer, statewide concealed weapon permit training courses free of charge in every county at least twice per month;
- Lowers the age required to receive a concealed weapon permit from 21 to 18;
- Changes the penalty for violations of the act from a misdemeanor to a tiered system based on the number of offenses;
- Includes a timeframe for reporting the loss or theft of a fireman as being within 10 days of discovery;
- Requires SLED to conduct a regular statewide training and marketing campaign to inform South Carolinians that state law provides a process for gun owners to obtain a concealed weapon permit and allows law-abiding gun owners to carry their weapons without a permit;
- Provides that a person openly carrying a weapon does not give a law enforcement officer reasonable suspicion or probable cause to search, detain, or arrest the person. This provision does not prevent a law enforcement officer from searching, detaining, or arresting a person when they have a particular and objective basis for suspecting the person stopped of criminal activity. A person merely carrying a weapon in accordance with this article is not sufficient to justify a search, detention, or arrest; and
- Allows a person to apply for an expungement of one conviction for unlawful possession of a handgun if the conviction occurred prior to the enactment of this bill as long as the application is submitted within five years.
Both chambers adopted the conference report, and H. 3594 has been enrolled for ratification.
Special Purpose Districts — H. 4563. This bill clarifies that a special purpose district has the authority to own, acquire, purchase, hold, use, lease, convey, sell, transfer, or otherwise dispose of property for the purpose of their duties. The House Judiciary Committee gave the bill a favorable report and H. 4563 is now pending second reading on the House calendar.
Campaign Funds — H. 4561. This bill allows an elected official to use unspent campaign funds for dependent care of an immediate family member in certain circumstances. The House Judiciary Committee gave H. 4561 a favorable report, as amended, and the bill is pending second reading on the House calendar.
Law Enforcement Training Council — H. 4813. This bill requires that for state and county law enforcement officers to receive certificates of compliance from the South Carolina Law Enforcement Training Council, they must first undergo a state criminal records check, along with a fingerprint check from SLED and the FBI. Although the bill indicates that the person seeking certification is responsible for the costs of the records check, SCAC has been assured the South Carolina Criminal Justice Academy will continue to cover the costs associated with performing the background checks. The House Judiciary Committee gave the bill a favorable report, and H. 4813 is pending second reading on the House calendar.
Judicial Merit Selection Commission Reform — S. 1046. This bill terminates the current membership of the Judicial Merit Selection Commission (JMSC) and establishes new guidelines for the selection and appointment of nine non-legislator members to the JMSC. Under the bill, the General Assembly must hold a joint session to elect judges, and a candidate must receive a majority vote from each chamber. Finally, county legislative delegations must make recommendations for magistrate appointments to the Governor based on a weighted vote of the full legislative delegation of the county in which the magistrate appointee would serve. The Senate Judiciary Committee amended the bill to clarify the selection process and establish term limits for the members of the JMSC. The Senate debated the committee amendment without taking any action and will continue debating the bill next week.
Tinted Windows on Law Enforcement Vehicles — H. 4933. This bill exempts all law enforcement vehicles from the restrictions on sunscreen devices (tinted windows) pursuant to Section 56-5-5015, not just those vehicles that transport canine passengers. The House gave H. 4933 second and third readings this week and sent the bill to the Senate.
Coroners: First Responders Advisory Committee — H. 4681. This bill would increase the number of members who represent associations on the First Responders Advisory Committee from nine to 10 by adding a representative from the South Carolina Coroners’ Association. The Advisory Committee is responsible for researching, studying, and analyzing the needs of first responders, including personnel involved with fire, law enforcement, emergency medical, emergency planning, and 911 communications. A House Medical, Military, Public and Municipal Affairs subcommittee gave the bill a favorable report, and the bill will be on the next full committee’s agenda.
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