The House of Representatives took up two of the bills that draw upon the work of the special House Utility Ratepayer Protection Committee which was appointed by the Speaker of the House following the announcement from Santee Cooper and SCANA's South Carolina Electric and Gas that construction on the V.C. Summer nuclear reactors in Fairfield County was being abandoned after billions of dollars in fees had been collected from South Carolina's ratepayers under the Baseload Review Act to support the failed nuclear power project.

The Agriculture, Natural Resources and Environmental Affairs Committee met on Thursday, January 25, 2018 and reported out one bill.

The bill also restructures penalties for violations. Fifteen pounds or less of illegal dumping (referred to as window trash…paper, cigarette butts) the fine ranges from $25-$100 and eight hours of community service. Penalties for littering 15 pounds or less on private property or in an area not intended for disposal of litter, the fine ranges from $50 - $150 and 16 hours of community service. More than 15 pounds less than 500 pounds, the first offense $200 -$500 and 16 hours of litter gathering; second offense $200 -$500 and 24 hours of litter gathering; and third or subsequent offenses $200 - $500 and 32 hours of litter gathering.

Among many things, the legislation establishes the Solid Waste Emergency Fund which will be administered by the South Carolina Department of Environmental Control. In addition, the legislation provides for the Fund's funding. The legislation outlines that the funds may be expended by the department's director to address a substantial release or threat of substantial release into the environment of any pollutant or other circumstance which may present an imminent and substantial danger to human health and the environment

Among many things, the bill excludes decisions to establish baselines or setback lines for an erosion zone from the appeal process and procedures.

The bill authorizes the Department of Environmental Control to issue general permits under certain circumstances relating to permits to utilize critical areas.

The bill outlines that a person who hunts on property that contains his primary residence or to his immediate family members who also claim the property as their primary resident, does not need to obtain a hunting license.

This bill requires the Department of Administration to post visual notification markers at least forty eight hours prior to the outdoor application of chemicals on public property and to require the owner of a public building to post a visual notification marker at every entrance into the building.

This bill provides that vision screening is required upon renewal of a driver's license, and to provide that a certificate of vision examination form must be executed by the certifying ophthalmologist or optometrist.

This bill relates to the issuance of a beginner's permit, a conditional driver's license, and a special restricted driver's license, and the requirement that certain individuals must register with the United States Selective Service.

This bill enacts the "Air Ambulance Affordability Act" and provides that no aircraft may be operated as an air ambulance without a permit issued by the Department of Health and Environmental Control, provides requirements for this permit, and provides for the duration of the permit absent revocation or suspension. The bill also amends definitions concerning emergency medical services, so as to define the term "air ambulance"; and provides that all individual and group health insurance policies and health maintenance organizations shall provide coverage for air ambulance transportation to a hospital or medical facility for emergency treatment or when a physician considers air transportation a medical necessity. The bill also addresses how this coverage must pay for air ambulance transportation under these policies and provides that the rate requirement is retroactive five years from the effective date.

Rep. S. Rivers

This bill creates the Science, Technology, Engineering and Mathematics (STEM) pathway resource network to facilitate the provision of STEM education throughout the state. This includes particular attention to construction and manufacturing career pathways, with a collaborative design of a career pathway for students within the construction industry and within the manufacturing sector (to connect school districts, technical colleges, vocational schools, junior colleges, and fouryear institutions of higher education with adult education programs, local workforce development programs, and regional construction industry partnerships and regional manufacturing sector partnerships in a manner to allow a student to earn income while progressing along the career pathway). To accomplish this, the bill creates seven manufacturing and construction career pathway districts in the state, with one representing each congressional district, within each of which are established two manufacturing and construction career pathway centers to provide coursework and guidance for residents seeking to pursue studies in a manufacturing career pathway program or a construction career pathway program

This bill, relating to the issuance of commercial driver's licenses and commercial driver instruction permits, provides that a person may not be issued a commercial driver's license or have his driver's license renewed before he completes a human trafficking prevention course.

This bill deletes the filing of a bond and the filing of a certificate of deposit of money or securities as methods of establishing proof of financial responsibility.

This bill enacts the "B. P. Act", relating to current bullying prohibition policies adopted by school districts, so as to provide procedures for responding to and remediating allegations of bullying, and to require an appeals procedure.

This bill enacts the "B. P. Act", relating to bullying prohibition policies adopted by school districts, to provide that when school officials determine that a student has committed a prohibited act, the school shall notify his parent, guardian, or another adult who consents to having responsibility for the student within one business day, and shall then meet with the student and his parent, guardian, or another adult who consents to having responsibility for the student within three business days after this notice is given. The bill further provides the student must be suspended from school until the student and his parent, guardian, or another adult who consents to having responsibility for the student agrees to attend counseling offered or approved by the district. Also, the bill provides that the district shall make counselors, school psychologists, or other appropriate personnel currently employed or contracted by the district available for this counseling; to provide the district shall inform the student and his parents, guardians, and other adults who consent to having responsibility for the student that the requirements proscribed by the counselor must be met or the student will be suspended until such counseling requirements are met, which must include attendance by the parents at two of five counseling sessions; and to provide the district shall inform another school in which the students seeks to enroll of the student's misconduct and failure to comply with related counseling requirements.

This bill provides that the Department of Motor Vehicles may issue Persian Gulf War veteran special license plates.

This bill, relating to requisite study of the United States Constitution and other texts reflecting the history of the United States in public high schools and publicly supported colleges and universities, provides that the Commission on Higher Education may identify related recommended instructional materials and to remove a loyalty oath, among other things, including the role of the State Superintendent of Education to enforce these study requirements and prescribe suitable tests.

Proposes establishing a state work program for nonviolent, misdemeanor inmates. Successfully participating inmates would earn parole eligibility under this bill.

Marijuana dealers would no longer have to be convicted of dealing before the South Carolina Department of Revenue could tax them under this proposal. Seventy-five percent of revenues collected would be equitably distributed amongst the state or local law enforcement agencies who have located taxable dealers.

Beneficiary designations under employee benefit plans administered by the South Carolina Public Employee Benefit Authority [PEBA] would not be subject to revocation by divorce, annulment, or a Family Court order terminating marital property rights.

Would create a South Carolina Department of Children's Services. If created, sets out a procedure for appointing a Division Director for the Continuum of Care for emotionally disturbed children as part of the Department of Children's Services. This Director would have to ensure annual reports would be made to the governor and the General Assembly. In addition to including the Continuum of Care in this new department, the Foster Care Review Board and Cass Elias McCarter Guardian ad Litem program would also be included. The Department of Commerce would administer an Office of Economic Opportunity and a Division of Small and Minority Business Contracting and Certification within the State Fiscal Accountability Authority. The Children's Case Resolution System would cease.

County and city councils could institute convenience fees, capped at $5.00, for the electronic payment of electronically-issued traffic and other citations under this legislation. Separate accounts would be established for these funds, which could only be spent for certain items.

After 2:00 a.m. on the second Sunday, March, 2018, Daylight Saving Time [DST] would become permanent in South Carolina. The state attorney general would be required to submit a waiver request to the federal Secretary of Transportation permitting this time change to become permanent.

Would expand General Assembly standing committees subpoena and subpoena duces tecum authority, to include private entities or individuals, financial institutions, and medical records.

Revised South Carolina Code Volumes 15A and 18, updated as of January 1, 2018, would become permanent volumes upon enactment of this legislation.

Mandated reporters of child abuse or neglect would include clerical, and nonclerical, religious counselors under this bill.

Political subdivisions, including counties and municipalities, could not regulate firearm accessories if this legislation is enacted.

Greatly expands the list of locations where concealed weapons could be legally carried. The only exception to this broadened scope of permitted places, for carrying concealed weapons, would be anywhere prohibited by federal law.

The "Teen Dating Violence Prevention Act" contains necessary definitions, creates a criminal offense of teen dating violence, sets penalties, and allows teen dating violence victims to seek orders of protection or restraining orders. Prohibits violators from participating in any pretrial intervention [PTI] programs. Also would add teen dating violence education to the comprehensive health education curriculum.

This bill establishes that a direct primary care agreement is not a contract of insurance and not subject to regulation by the Department of Insurance.

This bill revises licensing requirements for individual and agency insurance producers, so as to require an applicant to provide a complete set of fingerprints with the application. Failure to provide a complete set of fingerprints constitutes grounds for denial of an application. The legislation provides for certain exceptions to the fingerprinting requirement.

This bill establishes standards for data security and standards for the investigation of and notification to the Director of the Department of Insurance of a cybersecurity event that impacts insurance licensees.

This bill revises provisions relating to reinsurance credits, so as to authorize the Director of the Department of Insurance to adopt additional requirements for reinsurance credits. A reinsurer is required to demonstrate it has adequate financial capacity to meet its reinsurance obligations to qualify for a credit. The legislation allows for the reduction of a trusteed surplus for an assuming insurer who has permanently discontinued underwriting new business. The legislation allows for credit when reinsurance is ceded and enumerates certain eligibility requirements. The legislation allows for an assuming insurer who is not licensed, certified, or accredited in this state to become eligible for a credit under certain circumstances. The director is authorized to suspend or revoke the accreditation or certification. The legislation requires an insurer to manage its reinsurance recoverables proportionate to its book of business. The director is authorized to adopt rules and regulations. The legislation revises provisions relating to liability reductions for reinsurance, so as to authorize the director to adopt additional requirements for an asset or reduction from liability for reinsurance ceded by a domestic insurer and to expand the acceptable form of security for a liability reduction.

This bill revises provisions relating to administrative penalties for the violation of the insurance laws of South Carolina, so as to allow the Department of Insurance to enforce these penalties for violations of federal insurance laws subject to enforcement by the department. The legislation revises provisions relating to the authority of the Director of the Department of Insurance to conduct examinations and investigations, so as to require that information related to an examination or investigation to be treated as privileged and confidential. The legislation revises provisions relating to investigations conducted by the Department of Insurance, so as to authorize the department to respond to motions and complaints against health maintenance organizations and persons licensed to transact the business of insurance in this state and to establish a deadline for responses to the department's inquiries. The legislation provides for documents, materials, or other information submitted in support of an application to be treated as confidential. The legislation revise provisions relating to the examinations of the affairs of a health maintenance organization, so as to require an examination no less than every five years. The legislation revises provisions relating to levy of administrative penalty in lieu of other penalties, so as to allow the levy of an administrative penalty for violations of state and federal insurance laws subject to enforcement by the Department of Insurance. The legislation revises provisions relating to the approval of insurance policies, contracts, or policies by the Department of Insurance, so as to require that all forms filed with the department satisfy all applicable state and federal laws and to authorize the director to impose a penalty in certain circumstances. The legislation revises provisions relating to the penalties for issuing or delivering a policy that violates Chapter 71, so as to extend the penalties to any insurer or health maintenance organization who violates applicable state or federal laws governing the transaction of the business of insurance subject to enforcement by the Department of Insurance.

This bill makes revisions relating to captive insurance companies. The legislation establishes requirements for a captive insurance company to possess and maintain free and unimpaired paidin capital, surplus, or a combination thereof. The legislation provides that captive insurance company requirements apply to captive insurance companies formed as a mutual insurer. The legislation establishes reporting requirements for captive insurance companies. The legislation allows a captive insurance company to discount its loss and loss adjustment with approval by the Director of the Department of Insurance. The legislation establishes oversight requirements for risk retention groups and captive insurance companies. The legislation allows for certain captive insurance companies to make loans to its parent company and affiliates with approval by the director. The legislation establishes standards for aggregate taxes for protected cells. The legislation allows the director to reduce capital requirements for an inactive captive insurance company. The legislation removes certain asset requirements. The legislation alters participant requirements for a sponsored captive insurance company. The legislation repeals Coastal Captive Insurance Company Act provisions.

FOR A CHANGE IN OWNERSHIP OF A RETAIL ELECTRIC PROVIDER Rep. Rutherford

This bill provide that, notwithstanding another provision of law, formal application to and written approval from the Public Service Commission must be obtained before the sale, assignment, pledge, or transfer of an existing or future franchise with a South Carolina retail electric provider, or control of an existing or future franchise with a South Carolina retail electric provider is changed, altered, or amended through stock transfer, lease, or otherwise, or a merger or consolidation affecting a retail electric provider made through acquisition or control by stock purchase or otherwise. The legislation provides that the Public Service Commission's approval must be given if justified by public convenience or necessity. These provisions do not apply to regular trading in listed securities on recognized markets.

This bill establishes criminal penalties for those persons found to be in violation of a building code or regulation. Those persons charged with violating a building code or regulation must be tried exclusively in the appropriate magistrates or municipal court.

This bill enacts the "South Carolina Net Neutrality Protection and Maintenance Act". The legislation provides that a telecommunications or Internet service provider engaged in the provision of broadband Internet access service publicly shall disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices regarding use of these services and for content, application, service, and device providers to develop, market, and maintain Internet offerings, and to prohibit certain practices by telecommunications or Internet service providers engaged in the provision of broadband Internet access service in South Carolina. The legislation provides that violations of this act are not reasonable in relation to the development and preservation of business and constitute an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the South Carolina Consumer Protection Code. The legislation provides that a public entity may not enter into a contract with a telecommunications or Internet service provider engaged in the provision of broadband Internet access service in South Carolina unless the contract includes a representation that the telecommunications or Internet service provider is not currently engaged in, and an agreement that the telecommunications or Internet service provider will not engage in, those practices prohibited by this act.

This bill revises provisions for additional charges a lender may charge in connection with a consumer loan, so as to allow a lender to charge a convenience fee for accepting an electronic payment and to establish certain standards for the convenience fee.

This bill requires electric utilities and cooperatives to offer customers a nofee smart meter optout. The Public Service Commission is charged with making periodic reports on the savings realized through the use of smart meters, as well as on the occurrence of any breaches to an electric utility's or cooperative's cybersecurity infrastructure that must be submitted to both the Senate and House Committees on Labor, Commerce and Industry.

This bill establishes prohibitions against the practice of falsifying caller identification system information known as spoofing, by disallowing a telemarketer or telephone solicitor from making a consumer telephone call with a telephone number that displays a South Carolina area code on the recipient's caller identification system unless the telemarketer or telephone solicitor maintains a physical presence in the state. The legislation establishes remedies for violations.

This bill revises duties imposed on a demolisher or secondary metals recycler, to provide that certain of these provisions do not apply to an automotive recycler, and that certain provisions do not apply to sales conducted at salvage pool auctions.

The bill waives certain additional examination requirements for applicants who are to practice in a position within the Disability Determination Services Unit of the South Carolina Vocational Rehabilitation Agency.

The bill creates the "South Carolina Nursing Mothers Act". Before July 1, 2019, governmental buildings and buildings owned by school districts must provide suitable accommodations in the form of a room, other than a toilet stall, for the exclusive use of any woman to breastfeed a child or express breast milk. The bill also outlines provisions for exemptions.

This bill revises exemptions from the use tax, so as to exempt an allterrain vehicle purchased or leased in another state if the purchaser paid the sales tax in the other state.

This bill makes provisions for the State Fiscal Accountability Authority, beginning July 1, 2019, to transfer state public fouryear institutions of higher learning to a notforprofit organization for the purpose of operating them as private rather than public institutions.

This bill provides for an income tax credit to an individual or business that constructs, purchases, or leases certain solar energy property and places it in service in this state.

This bill makes provisions for crediting the proceeds of property taxes on airlines to the State Aviation Fund.

Rep. S. Rivers

This bill enacts the "South Carolina Natural Gas Pipelines Initiative Act" to provide tax incentives for the construction of natural gas pipelines. The legislation revises provisions for the allocation and apportionment of income, so as to authorize the Department of Revenue to enter into an agreement establishing the allocation and apportionment of the income of a taxpayer that builds or expands a natural gas pipeline and invests at least ten million dollars. The legislation revises exemptions from the state sales tax, so as to exempt building materials necessary to build or expand natural gas pipelines in this state.

This bill revises procedures concerning assessments and payments for property taxation of boats and watercraft and the issuance of certificates of number for boats and watercraft.

This bill adds parttime school cafeteria workers to the list of employees who are able to exercise the option of not becoming members of the South Carolina Retirement System.

This bill revises retirement system provisions relating to the Teacher and Employee Retention Incentive Program, so as to extend the date on which the availability of participation in the TERI Program ends to June 30, 2021.

This bill revises provisions relating to the Board of the South Carolina Conservation Bank, so as to extend voting privileges to certain members and to prohibit certain members from serving as chairman. The legislation the powers and duties of the South Carolina Conservation Bank, so as to require the bank to develop criteria and a conservation prioritization map, and to prohibit the award of a grant or loan unless the funds are presently available in the trust fund. The legislation revises provisions relating to grants or loans for land interests, so as to expand the conservation criteria to include the value of the proposal for access to the public, to require certain access disclosures on a grant or loan application, and to prohibit the purchase of a conservation easement for more than five hundred thousand dollars. The legislation discontinues the crediting of a portion of the Deed Recording Fee to the South Carolina Conservation Bank Trust Fund. The legislation repeals the requirement to periodically reauthorize the South Carolina Conservation Bank Trust Fund.