South Carolina House of Representatives
James H. "Jay" Lucas, Speaker of the House
OFFICE OF RESEARCH AND CONSTITUENT SERVICES
Room 212, Blatt Building, P.O. Box 11867, Columbia, S.C.
29211, (803) 734-3230
NOTE: THESE SUMMARIES ARE PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND ARE NOT THE EXPRESSION OF THE LEGISLATION'S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. THEY ARE STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND ARE NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.
The House Education and Public Works Committee met on March 9, 2016, and favorably reported out several bills: H.3848, as amended, enacts the "SOUTH CAROLINA FOUNDING PRINCIPLES ACT" to incorporate instruction on the founding principles that shaped the United States into the required study of the United States Constitution as provided in existing law and the South Carolina Social Studies Standards upon the next cyclical review. The board and committee shall include, at a minimum, the Federalist Papers and instruction on the structure of government and the role of the separation of powers and the freedoms guaranteed by the Bill of Rights to the United States Constitution. The bill requires a biennial report and the availability of professional development regarding the subject matter. H.4394, regarding WRECKER AND TOW TRUCK SAFETY, as amended, adds that a towing vehicle is deemed an "authorized emergency vehicle" regardless of whether it is present (at an emergency scene) at the request of a law enforcement officer or otherwise. A provision is also added that drivers upon approaching a vehicle stopped for the purpose of collecting solid waste shall act with caution and make the appropriate lane change and if that is not possible slow or stop as needed and provides attendant penalties. TEACHER CREDENTIALS, H.4718 as amended, provides that a person who has previously held a South Carolina renewable, professional educator certificate and meets certain retirement requirements is eligible to hold a South Carolina Retired Educator certificate. The certificate is valid for thirty years and may be renewed for ten years and is not subject to additional credits. An educator who works under the retired certificate must work under a letter of agreement. H.4521 enacts, as amended, the "TUCKER HIPPS TRANSPARENCY ACT" to provide that, beginning with the 2016-2017 academic year, a public institution of higher learning will maintain a report of actual findings of violations of the institution’s Student Code of Conduct by fraternity and sorority organizations formally affiliated with the institution and actual findings of student misconduct that the university is made aware of (committed by a person who is both affiliated formally with fraternity or sorority registered as a student organization with the university at the time of alleged misconduct and engaged in an activity associated with a fraternity or sorority registered as a student organization with the university). The bill requires specific report requirements but also seeks to comply with privacy (Family Education Rights and Privacy Act [FERPA]) and FOIA concerns. Numerous requirements concern public availability of the reports on specific time-frames. A report must be readily available to the public upon request and posted on the institutions’ websites. Additionally, the South Carolina Commission on Higher Education (CHE) is required to monitor institution compliance with the provisions of the bill. Compliance will be determined through at least one scheduled and one non-scheduled audit per year. H.4562, as amended, provides that the month of April of each year is declared "MOVE OVER AWARENESS MONTH" in South Carolina and require the Department of Transportation and the Department of Public Safety to conduct programs during this month that emphasize the importance of motor vehicle drivers moving over into an adjacent lane whenever possible when approaching or passing through a highway work zone, an emergency scene, or any other highway traffic incident. Also, a state governmental entity that maintains a wrecker or tow truck rotation must allow a driver of a wrecker or towing service vehicle to take traffic incident management training free of charge and the Department of Motor Vehicles shall print in future Driver’s Manuals, and as soon as practical, for online editions, information referencing the State’s ‘Move Over Law’ S.C. Code Section 56-5-1538 setting forth the requirements of the law regarding motorists on an interstate highway approaching an emergency scene. The committee gave a favorable recommendation (with amendment) to H.4688, relating to UNLAWFUL REPOSITIONING OF TRAFFIC CONTROL DEVICES AND RAILROAD SIGNS AND SIGNALS. This bill adds "temporary" road closure signs and devices (and the repositioning thereof) to current law regarding unlawful interference with traffic control devices and railroad signs and signals. The bill makes exception for movement of these signs and devices for persons entitled to access premises for purposes of access but that the signs or devices must be immediately replaced. H.4874, CODE MODIFICATIONS REGARDING DMV, transfers the responsibility for placing certain fees and fines related to driver’s licenses and license plates into a special restricted account from the Comptroller General to the Department of Motor Vehicles.
The House Judiciary Committee met on March 8, 2016, and favorably reported out several bills:
H.3130 HOUSE ARREST FOR ILLICIT DRUG TRAFFICKERS Expands the availability of home detention alternatives to those convicted of non-violent crimes. Would allow drug traffickers who commit crimes punishable by a maximum sentence of up to 10 years to seek house arrest versus jail time. To do so, they must be monitored by a GPS tracking device. They would have to cover the cost of having this device. Provides judicial discretion to judges to determine if a convicted criminal should be allowed to participate in house arrest instead of incarceration.
H.4029 TRANSITIONAL ALIMONY/REVIEW OF ALIMONY AWARDS Establishes a new type of alimony to be known as Transitional Alimony that a Family Court could award as temporary payments when rehabilitative alimony is determined to be unwarranted.
For marriages lasting less than ten years, the Family Court Judge must first consider alternate forms of alimony before making an award of periodic alimony. As part of this determination, alimony orders would be required to contain findings about why alternate alimony forms have not been awarded, but periodic alimony has been awarded.
‘Continued Cohabitation’ would be redefined as the supported spouse living with another person in a romantic relationship, with a modification to the existing 90-day requirement. The court may decide that a supported spouse and another person are cohabiting even if the supported spouse maintains another residence, and also finds the two cohabitating are temporarily separating in order to circumvent the 90-day cohabitation requirement under current law.
The court would not be able to consider disability benefits, worker’s compensation, or other benefits received by a supporting spouse, related to that spouse’s injury or disability, to determine an alimony award amount. This bill also establishes that retirement of the supporting spouse is a change in circumstances that can justify termination of, or a decrease in, the amount of alimony previously awarded award. Social security benefits could be considered by the Family court in determining the alimony award amount.
H.4339 INSURANCE FRAUD GRAND JURY INVESTIGATIONS Extends SC State Grand Jury jurisdiction to crimes involving insurance fraud. These crimes include, but are not limited to, SC Omnibus Insurance Fraud statutory violations, actions falling under the Reporting Immunity Act, or crimes related to fraud committed by two or more people if their scheme attempts to-- or results in-- an economic benefit of $50,000.00 or more. Allows judges to impose a one-year suspension against drivers found to have recklessly or carelessly used their motor vehicles to submit false claims to insurers.
H.4554 SOUTH CAROLINA ANTI-MONEY LAUNDERING ACT Persons or business entities engaged in money services or currency exchange must apply for licenses in order to operate these businesses. Necessary forms and procedures would be established by the SC Attorney General. Information collected through the application process can be investigated by the Attorney General as well. Sets application and license fees that must be paid by applicants in order to operate. Also provides for bond or security amounts that must be posted before operations can start.
This bill further requires annual monitoring of owners or entities after their operational licenses have been issued. Records to be checked include the business information these entities are required to maintain. Sets license renewal procedures and fees; recordkeeping requirements, and other enforcement procedures.
H.4875 LEGISLATIVE OVERSIGHT CODE CLEANUP: Comptroller General, SCDMV, Treasurer, and others Implements recommendations to modernize laws pertaining to the Office of the Comptroller General arising from the House Legislative Oversight Committee’s study of the office. This legislation provides modernization to laws pertaining to the Office of the
Comptroller General in the following areas:H.4877 ADDITIONAL FAMILY COURT JUDGES Adds two at-large Family Court Judges. H.4878 CONFIDENTIAL PEER SUPPORT TEAM COMMUNICATIONS After a critical incident, all communications between a public safety employee or their immediate family and a person trained as a critical incident support provider would be confidential and could not be used in court. Communications would not be confidential if the employee waives this protection, communications are made while the support provider was not working in an official capacity, clients pose a present threat to themselves or others, the peer support member was the initial responding officer, or any admissions made in communications violate state or federal law.
State Treasurer (Sections 2, 3, 4, 13, and 90)
- Updating statutes to reflect that certain procedures are now performed by the South Carolina Enterprise Information System (SCEIS) (Sections 1, 8, and 95).
- Updating statutes to reflect current practices and the agency involved:
Department of Motor Vehicles (Sections 14 through 92, except Sections 81, 83, and 84)
Department of Revenue {Sections 6, 11, 93, and 94 [that also affects Office of Regulatory Staff]}
Department of Public Safety (Sections 81 and 83)
State Law Enforcement Division (Section 84)
The House Labor, Commerce and Industry Committee met on Thursday, March 10, and reported out several bills. The committee gave a report of favorable with amendments on H.4138, a bill relating to the DISPLAY OF HEATING AND AIR CONDITIONING MECHANICAL CONTRACTOR CREDENTIALS. The legislation establishes requirements for those holding licenses in the mechanical contractor subclassification of air conditioning, heating, or packaged equipment to display their mechanical contractor licenses in a conspicuous manner at their principal places of business and to display their mechanical contractor license numbers on their commercial vehicles and on their invoice and proposal forms. The committee gave a report of favorable with amendments on H.4817, a bill MAKING REVISIONS RELATING TO OVERSIGHT BY THE DEPARTMENT OF INSURANCE. Requirements are included to subject someone applying for or renewing a resident insurance producer license to criminal background screenings. The legislation requires an individual who applies for a bondsman or runner license to provide his business, email, mailing, and residential street address to the department. The legislation requires an applicant to provide an email address to the department when applying for insurance producer’s licenses, insurance adjuster’s licenses, public insurance adjuster’s licenses, or motor vehicle physical damage appraiser’s licenses. The legislation eliminates affidavit requirements within the requirements for a nonresident to be licensed as an insurance broker. The legislation revises provisions relating to warning stamps on policies of eligible surplus lines insurance, so as to no longer require a broker to write or stamp a warning on the face of an application for eligible surplus lines insurance. The committee gave a favorable report on H.4931, a bill making revisions to the REGULATION OF PROFESSIONAL BONDSMEN, SURETY BONDSMEN, AND RUNNERS. The legislation revises provisions relating to education and continuing education requirements for professional bondsmen, surety bondsmen, and runners, so as to increase the number of hours of education required for licensure and for continuing education. The legislation revises provisions relating to visiting and examining professional bondsmen by the Department of Insurance, so as to subject sureties to these visits and examinations. The legislation requires bondsmen to maintain a properly zoned office in this state that is accessible to the general public and department during normal business hours, and requires the bondsman to provide certain contact information. The committee gave a favorable report on S.850, a bill establishing REQUIREMENTS FOR PRINCIPLE-BASED RESERVES FOR LIFE INSURANCE POLICIES to bring South Carolina’s insurance laws into greater conformity with recommendations of the National Association of Insurance Commissioners.
The Medical, Military, Public and Municipal Affairs Committee met on Tuesday, March 8, 2016, and reported out several bills. The full committee gave a favorable with amendment report to H.3706, legislation that renames the Emergency Treatment for Medical Hazards Caused by Insect Stings chapter to the "EMERGENCY ANAPHYLAXIS TREATMENT ACT". The legislation authorizes eligible entities, such as a camp, college, day care, church, restaurant, work place, sports arena, etc., to stock epinephrine auto-injectors (epi-pens) obtained by prescription. Current law provides for the use of epi-pens in schools.
The bill allows a practitioner to write a prescription for a public entity to have on hand a supply of epi-pens. The public entity will be required to have designated certified employees who have been trained to recognize signs of anaphylaxis, procedures for use of epi-pens, and emergency follow-up procedures. The training must be conducted by DHEC, a licensed medical provider, a nationally recognized organization experienced in training laypersons in emergency health treatment, an epi-pen manufacturer, an organization whose training has been approved in at least three states, or another entity or individual approved by DHEC.
The bill also clarifies the legal protection against causes of action for certified persons, their employers, medical professionals who prescribe the epi-pens, and the trainers regarding an act or omission taken in good faith that are not cases of gross negligence.
H.3143, legislation expanding the legal scope of work for PODIATRISTS in this state, was given a favorable with amendment recommendation along with a minority report from the committee. The practice of podiatry includes the administration of local anesthesia, defined as localized infiltration only, and in conjunction with the practice of podiatry. The bill allows diagnosis and surgical, medical and mechanical treatment of the foot, ankle, and related soft tissues of the leg up to the level of the myotendinous junction in the calf.
However, the legislation does require a podiatrist who does surgery on the ankle and soft tissues governing the ankle to have graduated from a three-year residency program accredited by the Council on Podiatric Medical Education.
Surgery of the ankle and related soft tissues must be performed in a hospital or ambulatory surgical center. A podiatrist may not perform osseous (boney) ankle surgeries unless he or she is board-certified or board eligible by the American Board of Podiatric Surgery and has been credentialed by a medical facility.
The bill requires podiatrists who have medical facility privileges to comply with facility policies and procedures. Health care facilities are to allow full clinical and surgical privileges for a Doctor of Podiatric Medicine (DPM) within the scope of his or her licensure and demonstrated competence. It prohibits a facility from discriminating against a DPM for surgical privileges if MDs and DOs provide those surgical services at the facility.
H.4845, legislation relating to financial obligations to a FUNERAL HOME received a favorable with amendment recommendation from the full committee. The legislation states that a funeral home, funeral director, or embalmer that takes legal custody of a dead human body and subsequently provides any funeral services for the body must transfer custody of the body to another funeral home, funeral director, or embalmer when the latter indemnifies the former for financial obligations owed to the former for providing those funeral services.
The legislation also provides that the Board may not penalize a funeral home, funeral director or an embalmer for not releasing a dead body when financial obligations have not been met. The full committee gave a favorable with amendment recommendation to H.3999, a bill dealing with the HEALTH CARE DECISIONS FOR A PATIENT. This bill amends the "South Carolina Adult Health Care Consent Act" by changing the priority order of persons who may make decisions concerning the health care of a patient who is unable to consent.
Most of the changes subdivide the priority ranking for categories of relatives who may decide. The bill gives a higher priority ranking for an adult child and it gives a higher priority ranking for an adult sibling over a grandparent and does not specifically address any authority for an adult grandchild. The bill creates a 10th priority ranking, after all relatives, for a close adult friend of the patient. In a situation where there could be more than one relative in the same priority ranking, such as more than one sibling, the bill provides that a majority who are reasonably available for consultation have the authority to make a decision for the patient.
For a patient with no available decision maker, the bill creates an 11th priority ranking which may be held by a health care provider who is not employed by the provider. Once appointed, this category of decision maker will continue to serve as long as the patient is in the health care facility.
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