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Immunity from Nuisance Suits

Bill #: H.3653

Session: 2017-2018

Topics:

Regulatory Regulatory

Outcome

CVSC opposed this bill and it passed.

House 78-27
Senate 29-14

H. 3653 sought to give industries immunity from nuisance suits from their neighbors. Nuisance laws allow citizens to take legal action to protect their property and quality of life from from excessive light, noise and odor pollution that comes from neighboring industrial sites. The conservation community opposed this bill because it limited the rights of citizens to take action and protect their families and property from pollution by giving immunity to industries from nuisance suits.

The bill was signed into law by the Governor on February 12, 2018.

 

  • + Pro Conservation Vote
  • - Anti Conservation Vote
  • EA Excused Absence
  • NV Not Voting
  • N/A Not in Office
  • A Abstained (Conflict of Interest)

H.3653 Immunity from Nuisance Suits (Second in Senate)

In the Senate, the bill was placed on special order to overcome the objection of Senator Bright-Matthews and others.

Once the bill was up for debate, Senator Sheheen filibustered the bill, aided by Senators Campsen, Davis, Fanning, Hutto, Kimpson, Martin, and Bright-Matthews. Through their efforts, the bill was amended and its impacts greatly reduced, but still put property owners in a weak position against polluting industrial neighbors. On January 31, 2018, the Senate passed the amended version of H.3653 by a vote of 29-14. The House agreed with the Senate amendments and sent the bill to the Governor.

  • This is an Anti-Conservation Bill.
  • The Pro-Conservation Vote was NO for the bill’s passage.
  • The bill passed the House in 2017, an amended version passed the Senate in 2018 and was agreed to by the House, and the bill was signed into law by the Governor in 2018.
Legislator
Party
District
Office
Sponsor
Vote
Conservation Vote
R
1
Senate
No
Yea
-
D
7
Senate
No
Yea
-
R
38
Senate
No
Yea
-
R
44
Senate
No
Yea
-
R
43
Senate
No
Yea
-
R
3
Senate
No
Yea
-
R
15
Senate
No
Yea
-
R
5
Senate
No
Yea
-
R
20
Senate
No
N/A
N/A
R
18
Senate
No
Yea
-
R
46
Senate
No
No
+
D
17
Senate
No
No
+
R
4
Senate
No
Yea
-
R
34
Senate
No
Yea
-
R
16
Senate
No
No
+
R
37
Senate
No
Yea
-
R
28
Senate
No
Yea
-
D
40
Senate
No
No
+
D
21
Senate
No
NV
NV
D
36
Senate
No
Yea
-
D
42
Senate
No
No
+
R
31
Senate
No
Yea
-
D
29
Senate
No
No
+
R
13
Senate
No
No
+
R
25
Senate
No
Yea
-
D
39
Senate
No
No
+
D
45
Senate
No
No
+
D
35
Senate
No
EA
EA
D
22
Senate
No
No
+
D
10
Senate
No
Yea
-
R
14
Senate
No
Yea
-
R
33
Senate
No
Yea
-
D
11
Senate
No
Yea
-
R
2
Senate
No
Yea
-
D
32
Senate
No
No
+
D
19
Senate
No
No
+
R
41
Senate
No
Yea
-
D
26
Senate
No
Yea
-
R
23
Senate
No
Yea
-
D
27
Senate
No
No
+
R
12
Senate
No
Yea
-
R
6
Senate
No
Yea
-
R
8
Senate
No
Yea
-
R
9
Senate
No
Yea
-
D
30
Senate
No
Yea
-
R
24
Senate
No
Yea
-
  • + Pro Conservation Vote
  • - Anti Conservation Vote
  • EA Excused Absence
  • NV Not Voting
  • N/A Not in Office
  • A Abstained (Conflict of Interest)

H.3653 Immunity from Nuisance Suits (Second in House)

After several unsuccessful attempts at amendments to reduce the impact of the bill led by Rep. Clary (R-Clemson), the bill ultimately passed the House by a vote of 78-27.

  • This is an Anti-Conservation Bill.
  • The Pro-Conservation Vote was NO for the bill’s passage.
  • The bill passed the House in 2017, an amended version passed the Senate in 2018 and was agreed to by the House, and the bill was signed into law by the Governor in 2018.
Legislator
Party
District
Office
Sponsor
Vote
Conservation Vote
D
59
House
Yes
Yea
-
R
36
House
No
Yea
-
D
103
House
Yes
Yea
-
D
42
House
Yes
EA
EA
R
94
House
Yes
Yea
-
D
57
House
Yes
Yea
-
R
87
House
No
EA
EA
D
80
House
No
Yea
-
R
71
House
No
Yea
-
D
90
House
No
Nay
+
R
24
House
No
Yea
-
R
28
House
No
Nay
+
R
114
House
Yes
Yea
-
D
78
House
No
Nay
+
R
81
House
No
Yea
-
D
122
House
No
NV
NV
R
123
House
No
Yea
-
D
70
House
No
N/A
N/A
D
116
House
No
Nay
+
R
48
House
No
N/A
N/A
R
17
House
Yes
Yea
-
R
89
House
No
Yea
-
R
35
House
Yes
Yea
-
R
3
House
No
Nay
+
R
107
House
No
Yea
-
D
82
House
No
Nay
+
D
66
House
No
Nay
+
R
110
House
No
Nay
+
R
32
House
No
Yea
-
R
5
House
No
Yea
-
R
68
House
Yes
Yea
-
R
117
House
Yes
Yea
-
R
92
House
No
Nay
+
R
100
House
No
Yea
-
R
43
House
No
Yea
-
D
23
House
No
Nay
+
D
41
House
No
Nay
+
R
104
House
No
Yea
-
R
22
House
No
Yea
-
R
124
House
Yes
Yea
-
R
26
House
Yes
Yea
-
R
75
House
No
Yea
-
R
39
House
No
Nay
+
R
34
House
Yes
Yea
-
R
106
House
No
Yea
-
D
52
House
No
Nay
+
R
11
House
Yes
Yea
-
D
111
House
No
Nay
+
D
95
House
No
Yea
-
R
20
House
Yes
Yea
-
R
105
House
No
Yea
-
D
73
House
No
Nay
+
D
55
House
Yes
Yea
-
R
21
House
Yes
Yea
-
D
31
House
No
N/A
N/A
D
54
House
Yes
Yea
-
R
118
House
No
Yea
-
R
108
House
No
Yea
-
R
8
House
No
Nay
+
R
4
House
No
Yea
-
R
83
House
Yes
Yea
-
D
91
House
Yes
Nay
+
D
76
House
No
Nay
+
R
85
House
No
Yea
-
D
102
House
Yes
Yea
-
R
58
House
No
Yea
-
R
63
House
No
Yea
-
D
49
House
No
Yea
-
D
61
House
No
Yea
-
D
97
House
No
EA
EA
R
19
House
Yes
Yea
-
R
37
House
No
Yea
-
R
60
House
No
Yea
-
R
65
House
No
Yea
-
R
99
House
No
N/A
N/A
D
109
House
No
Yea
-
R
38
House
No
Nay
+
R
40
House
No
Yea
-
R
115
House
No
Yea
-
R
13
House
No
Nay
+
D
77
House
No
Yea
-
R
56
House
No
N/A
N/A
D
101
House
No
Yea
-
D
31
House
No
EA
EA
R
29
House
No
Yea
-
R
30
House
Yes
Yea
-
R
98
House
Yes
Yea
-
D
70
House
No
N/A
N/A
R
45
House
No
Yea
-
R
120
House
No
Nay
+
R
48
House
Yes
N/A
N/A
D
44
House
No
Nay
+
D
93
House
No
Yea
-
D
12
House
No
NV
NV
D
113
House
No
N/A
N/A
R
14
House
No
Yea
-
R
47
House
No
Yea
-
R
10
House
No
Yea
-
R
69
House
No
Yea
-
D
64
House
No
Nay
+
D
121
House
No
EA
EA
R
15
House
Yes
NV
NV
D
25
House
No
Nay
+
D
74
House
No
NV
NV
R
56
House
Yes
Yea
-
R
2
House
Yes
Yea
-
R
46
House
No
Yea
-
R
67
House
No
Yea
-
R
27
House
No
Yea
-
D
72
House
No
Nay
+
R
112
House
No
Nay
+
R
96
House
Yes
Yea
-
D
119
House
No
NV
NV
R
18
House
No
EA
EA
R
33
House
No
Yea
-
R
86
House
No
Yea
-
R
9
House
Yes
Yea
-
D
79
House
No
NV
NV
R
88
House
No
NV
NV
R
28
House
No
N/A
N/A
D
51
House
No
Yea
-
R
7
House
Yes
Yea
-
D
50
House
No
EA
EA
D
113
House
No
Nay
+
R
6
House
No
Yea
-
R
1
House
No
Yea
-
D
62
House
No
Yea
-
R
16
House
Yes
EA
EA
R
84
House
No
N/A
N/A
R
53
House
Yes
Yea
-