Lawmakers returned to the State House on January 14, 2020, to commence the second regular session of the 123rd South Carolina General Assembly.

The full Agriculture, Natural Resources and Environmental Affairs Committee met on Thursday, January 16, 2020, and discussed and reported out two bills.

Among many things this bill adds provisions that prohibit the release of nonnative captive wildlife in the state. The bill also revises and adds definitions.

After June 30, 2020, any construction of a new petroleum pipeline or an extension requires a permit from the Department of Health and Environmental Control. Such permit is required without regard to whether the petroleum pipeline company intends to exercise any power of eminent domain.

Currently it is unlawful for a person to have in possession game fish, except live bream on certain water bodies where permitted as live bait, or game fish devices while possessing or using nongame devices. This bill deletes the possession of game fish devices while using nongame devices.

Regarding the construction seaward of the baseline, this bill allows for certain erosion control structures to have the damage assessment based on a single distinct continuous seawall rather than on a lot by lot basis.

This bill provides that the owner of a dam which fails or failed on or after October 1, 2015, which has a public road or highway running across the top of it, must provide written notification to the Department of Transportation and the Department of Health and Environmental Control indicating whether the owner intends to repair the dam and the date repairs are to be completed.

The bill clarifies "safe operating distance" to mean not less than three feet and must be maintained until the driver of the motor vehicle has clearance to pass the bicycle safely.

The provision provides restrictions on driving a motor vehicle on a roadway having at least two lanes allowing movement in the same direction. The provision also provides for penalties.

This bill enacts the "Forming Open and Robust University Minds (FORUM) ACT of 2020". It outlines that a public institution of higher learning may not deny any student organization registration, recognition, or any benefit or privilege available to another student organization, or otherwise discriminate against such an organization, based on the content or viewpoint of the expression or beliefs of the organization.

Clarifies what electronic gaming devices are prohibited. Expands the definition of nonprofit organizations to include those tax-exempt under Internal Revenue Code Section 501(c)(5), as is currently being done for 501(c)(3) entities. Defines the term "electronic gaming device." Authorizes these 501(c)(5) nonprofit organizations to conduct raffles. Removes the prohibition against using collected raffle funds to purchase athletic equipment. Increases the fair market value of individual, and total, prize limits. Allows the submission of one report for nonprofit organizations with affiliates or subsidiaries. Establishes certain record keeping requirements. It also repeals sunsetting charitable raffles, which is currently set for July 1, 2020.

Amends minimum limits for automobile insurance policies to require $150,000 minimum limits, for each person dying an accidental death due to a wreck.

The criminal offense, of failure to stop a motor vehicle when signaled by a law enforcement vehicle to do so, would be modified to create first and second offenses. Punishment would also depend upon whether great bodily injury or death results from violations.

Prohibits naming public property, procured with state funds, for any elected or appointed official, commissioner, director, or judge until at least five years have passed since that person has died. Any public property already named for living people who are later convicted of any felony, or crimes of moral turpitude, must have their names removed.

Producers or wholesalers could furnish a total of up to 3 liters of wine, fortified wine, cordial, or distilled spirit samples to retailers each year.

This bill implements multiple recommendations arising from the House Legislative Oversight Committee's study of the Department of Labor, Licensing and Regulation.

This joint resolution provides that the Public Utilities Review Committee shall extend candidate screening for candidates for the South Carolina Public Service Commission Seats 1, 3, 5, and 7. Provisions are made for additional time for advertising these positions. The legislation provides that the Public Utilities Review Committee shall accept applications for a time period beginning Monday, February 3, 2020, through noon on Friday, February 28, 2020, and provides for who the committee may consider. The legislation establishes when transcripts from the public hearings must be released.

This bill enacts the "South Carolina Private Flood Insurance Act" to advance different types of flood insurance coverage for the benefit of consumers and insurers.

This bill revises provisions relating to reinsurance credits, so as to, among other things, adopt the Reciprocal Jurisdiction Amendment from the National Association of Insurance Commissioners (NAIC) model law and to make other conforming changes.

This bill authorizes South Carolina municipalities to contract with properly licensed, certified, and insured public utility-electrical contractors or mechanical-electrical contractors to bury existing overhead electrical power transmission lines located within the boundaries of the municipality. The legislation requires electric utilities and electric cooperatives operating in this state to cooperate fully with municipalities that seek to bury existing overhead electrical power transmission lines.

This bill revises definitions under the Nurse Practice Act, so as to clarify the academic qualifications required for certified registered nurse anesthetists. The legislation revises provisions relating to qualifications that certified registered nurse anesthetists must demonstrate to the Board of Nursing, so as to clarify the academic qualifications required for certain licensees.

This joint resolution creates a temporary Electricity Market Reform Measures Study Committee to examine whether the legislature should adopt market reform measures affecting the provision of electric service in South Carolina and study the public benefits associated with such measures. The legislation provides for the membership of the study committee and makes provisions for engaging a third party, independent, expert consultant. The legislation sets a deadline of March 15, 2021, for issuing a report to the General Assembly and provides for the study committee to dissolve after making its report.

This joint resolution creates a temporary South Carolina Rural Communications Infrastructure Study Committee to address access to communications services, including broadband, internet, voice, and cellular. The legislation provides for the membership of the study committee, sets a deadline of January 1, 2021, for issuing a report to the General Assembly, and provides for the study committee to dissolve after making its report.

This bill provides that, beginning January 1, 2021, a person insured by the state insurance plan as a covered spouse who obtains employment making him eligible for coverage under the state plan may remain covered under the family plan of his spouse.

This bill makes provisions for the election of additional members to municipal councils to represent nonresident residential municipal water and sewer customers when these customers are charged higher rates for these utilities than are residential customers within the municipality's boundaries. The legislation provides that these special council members are allowed to vote only on matters relating to utility operations.

A practitioner who writes a prescription for a controlled substance included in Schedules II through V that does not exceed a five-day supply for the patient is an added exception to the electronic prescribing requirements.

After June 30, 2020, each county veterans' affairs office shall offer and provide free transportation services to county veterans who require assistance traveling to and from Department of Veterans Affairs health care facilities for scheduled medical appointments and authorized non VA health care appointments.

The bill outlines that notwithstanding the provisions of any homeowners' association governing documents or contractual provisions or covenants, this bill provides that the right includes the right to display the flag on a flagpole installed at the premises.

This bill revises the provision governing the allocation of state source highway funds for construction and renovation projects to firms owned and controlled by disadvantaged ethnic groups or women, so as to provide that this provision also applies to funds on contractors or consultants for certain projects that include building construction and maintenance. The legislation eliminates the estimated value of contracts covered by this provision. The legislation provides that this provision covers subcontracts. The legislation authorizes the Department of Transportation and counties to establish subcontracting goals to obtain participation in the contracting process by ethnic groups and women.

This bill directs the Office of Human Resources of the Department of Administration to implement the recommendations of a study on the state's classification and compensation system. The legislation makes provisions for each pay band to be increased annually to account for inflation.

This bill revises provisions for the school districts included in the South Carolina Child Early Reading Development and Education Program, so as to expand the program statewide beginning with the 2021-2022 School Year. The legislation makes the program available to any child who meets certain eligibility requirements regardless of residency. The legislation revises eligibility criteria for enrollment in the program to include children scoring at or below the twenty fifth national percentile on certain testing regardless of income level, subject to space availability.

Rep. S. Williams

This bill revises provisions relating to the amount of compensation that may be earned upon returning to covered employment under the South Carolina Retirement System, so as to exempt certified educators and administrators, firefighters, and individuals employed by a county from the earnings limitation. The legislation revises provisions relating to the amount of compensation that may be earned upon returning to covered employment under the Police Officers Retirement System, so as to eliminate the earnings limitation.