Week Ending January 16, 2015
Legislative Action This Week
The South Carolina General Assembly kicked off the 2015 legislative session with a busy week of Inaugural ceremonies, meetings of the House Ways and Means subcommittees, as well as Caucus meetings and elections.
Trespass Liability-
Trespasser Responsibility Act (Priority Issue) - H. 3266 was introduced in the House of Representative by Rep. Davey Hiott (Pickens) and others. South Carolina common law has long held that a landowner owns no duty to a trespasser except in a very narrow set of circumstances including not causing a willful or wanton injury. New legal guidance that is used by the courts recommends expanding the responsibility owed to trespassers. This legislation would freeze current law to preempt courts from adopting the new approach.
A Subcommittee hearing has been scheduled Tuesday, January 20 on H. 3266. South Carolina Farm Bureau is supporting this legislation and asks that all members contact your elected officials and urge them to support H. 3266.
Repair and Maintenance of Rural Roads and Bridges-
The House Transportation Infrastructure Management Ad Hoc Committee met this week. Chairman Gary Simrill (York) summarized the previous meetings and sought solutions to fix the highway system first, fund it second; and before raising fees or taxes, seek ways to make the Department of Transportation more effective. Committee members offered their solutions to the transportation issue and possible legislation. Rep. Simrill told members he plans to present them a draft proposal within a week that they can vote on and amend so a bill will be ready by the end of the month.
Agriculture Water Use-
Sen. Chip Campsen(Charleston) prefiled the same surface water legislation as last year (S 970) as S. 58, it has been referred to the Agriculture Committee. No action on this yet.
On the National Side
The 114th Congress began this month with Republicans controlling both the House and the Senate. The House elected John Boehner (OH) to a third term as Speaker of the House.
The House got things rolling with several bills. First, the House voted to rollback provisions of the Affordable Care Act’s 30-hour definition of “full-time employment” in the ACA, and replace it with the traditional 40-hour definition.H.R. 30, the Save American Workers Act of 2015passed 252-172.Farm Bureau supported passage.
Next, the House voted to approve the Keystone Pipeline despite a veto threat from the White House. Passage fell largely along party lines, 266-153, with 28 Democrats joining nearly all Republicans in favor. All seven SC Representatives voted in favor of the Keystone bill.
This past week, the House passed the Department of Homeland Security (DHS) Appropriations bill with a vote of 236-191. The DHS spending bill included several provisions that would defund President Obama’s recent executive orders on immigration that will allow up to 5 million undocumented immigrants to obtain temporary legal status.
The Senate will take up the Keystone Pipeline and DHS appropriations legislation in the coming weeks. Senate rules require 60 votes to pass a bill, meaning Republicans will have to find six Democrats that will support the Keystone and DHS spending bills that passed the House. Otherwise, the Senate will need to compromise and pass its own versions of the bills that will garner the necessary 60 votes.
In other news
Last week, Department of Health and Environmental Control (DHEC) director Catherine Templeton resigned. On Monday, Eleanor Kitzman was named the new director but the Boards decision must confirmed by the S.C. Senate. A confirmation hearing has not been scheduled.
The Governor’s State of the State Address was set for 7:00, Wednesday, January 21st.