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Senate Judiciary Committee advances sweeping package: fee increases, new criminal penalties for street takeovers and civil remedies for image-sharing
Summary
The Senate Judiciary Committee approved favorable reports on a broad set of bills, including increases in magistrate court fees with new security-use language, a workers' compensation fee-schedule change, a bill criminalizing street "takeovers," and a civil remedy for nonconsensual sharing of intimate images (with provider liability set aside for further review).
The South Carolina Senate Judiciary Committee on Tuesday advanced a wide-ranging package of bills covering court fees, judicial seats, criminal penalties for street takeovers, workers' compensation adjustments and a civil remedy for nonconsensual dissemination of intimate images.
Magistrate court fee increases (H4813) were presented by Senator Johnson, who said the chief justice testified that many magistrate fees have not changed in decades and recommended modest increases. The committee adopted a subcommittee amendment that specifies many of the increased fees may be used for security measures in magistrate offices. The committee also adopted an amendment to lengthen the window for magistrates—eligibility exams from six months to 18 months. The bill passed out of committee; Senators Ott, Bright and Sutton were recorded as voting no.
On workers' compensation, Senator Johnson explained H3874 would give the Workers' Compensation Commission more flexibility to adjust physician reimbursement under the fee schedule. Witnesses from the South Carolina Orthopedic Association and the Workers' Compensation Commission supported the change; the committee adopted an amendment to expand the cost-containment committee from seven to nine voting members to add representation for injured workers and approved the bill as amended.
The committee considered H3163, which would add stroke as a presumed occupational disease for firefighters when it occurs within 24 hours of qualifying strenuous activity (including rescue incidents and certain training). Representatives from firefighter associations testified in favor; the committee moved the measure forward.
The committee also discussed 3049, a bill to create a civil cause of action for victims whose intimate images are shared without consent. A subcommittee amendment shields interactive computer services and Internet providers from liability, a change proponents said was requested by the providers who are working under a new federal takedown regime; supporters warned the exemption could be revisited on the floor. "Some of the providers pointed out that under the new federal take it down act, they are working through a unified approach for identifying removing nonconsensual dissemination of intimate images," staff counsel said during the discussion.
Other measures advanced included technical amendments to a roadside market exemption tied to the South Carolina Surface Water Withdrawal Permitting Use and Reporting Act, a bill creating additional resident judges in several circuits, a repeal-and-replace vehicle for Article V convention commissioners, changes to juvenile fingerprint transmission to SLED (with a voice amendment to include school volunteers as possible notice recipients), and multiple alcohol-license and retail-delivery bills.
Votes at a glance (committee action recorded): - H4813 (magistrate court fees): amended and advanced; multiple "ayes," recorded no votes: Ott, Bright, Sutton. - H3874 (workers' compensation fee schedule): amended and advanced. - 3163 (firefighter occupational disease - stroke presumption): advanced. - 3049 (civil remedy for nonconsensual intimate images): advanced with subcommittee amendment exempting internet providers; committee withheld provider liability for floor consideration. - AGE4805 (additional resident judges): advanced. - Multiple other bills (special purpose districts, disposition of unidentified bodies, Small Business Regulatory Freedom Act, roadway protection act, racing facility protections, modular home replacement, transportation network company definitions, alcohol-related bills): advanced with amendments as noted in committee.
Committee members and staff said they expect some items to be refined on the floor; in the case of provider liability for intimate-image suits, senators indicated they would revisit the exemption during floor debate. The committee adjourned near 6:30 p.m.
