Legislative Update
January 11, 2021
Vol. 38, No. 1
South Carolina House of Representatives
OFFICE OF RESEARCH AND CONSTITUENT SERVICES
Room 212, Blatt Building, P.O. Box 11867, Columbia, S.C. 29211, (803) 734-3230
Agriculture, Natural Resources And Environmental Affairs
Medical, Military, Public And Municipal Affairs
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.
AGRICULTURE
H.3454 Fruit and Vegetable Snap Grant Program Rep. J. Moore
This bill would create the Fruit and Vegetable SNAP Grant Program to be administered by the Department of Social Services. This program encourages Supplemental Nutrition Assistance Program (SNAP) recipients to purchase more fresh fruits and vegetables.
H.3500 Farm Equipment Manufacturers Rep. Calhoon
This bill adds new provisions dealing with farm equipment manufacturers. The bill defines a farm equipment manufacturer as a person engaged in the business of selling or leasing new farm equipment to another person and engaged in the diagnosis, service, maintenance, or repair of farm equipment. These provisions only apply to farm equipment that is sold or used in the state.
H.3543 Black Farmer Restoration Program Rep. J. Moore
The bill directs the Department of Agriculture to establish the Black Farmer Restoration Fund program to allow eligible individuals to purchase farmland on the open market under certain established requirements.
H.3540 Hemp Farming Rep. Hiott
This bill removes the license requirement to handle hemp.
H.3221 Farm Trailers and Boat Utility Trailers Rep. Daning
In this bill, a farm trailer may be licensed and registered without a title to accompany the registration application as evidence of ownership. This provision also applies to boat trailers under twenty five hundred pounds.
H.3539 Transportation of Live Swine on a Public Road or Waterway Rep. Davis
The bill outlines that it is unlawful to transport live swine on a public road or waterway unless there is an official form of identification approved by the state veterinarian. Live swine transported without identification are presumed to have been taken from the wild.
BOATING/WATERCRAFT
H.3054 Suspension of Saltwater Privileges Rep. Hixon
The bill makes changes to the requirements for the notice of suspension for saltwater privileges.
H.3065 Displaying Additional Lights on a Vessel Rep. Calhoon
The bill outlines that additional lights would be placed on vessels subject to certain conditions.
H.3070 South Carolina Electrical Shock Drowning Prevention Rep. Oremus
The bill outlines certain safety requirements for the operator of a commercial boat dock or marina to reduce the risk of electrical shock drowning.
H.3103 Boating Safety and Education Program Rep. Wooten
The bill states that no person born after June 30, 2006, may operate a personal watercraft, specialty prop-craft, or vessel equipped with a greater than fifteen horsepower engine unless the person completes a boating safety and education program administered or approved by the Department of Natural Resources.
H.3308 Personal Watercraft and Boating Safety Rep. Huggins
The bill increases distance limits between watercraft operating in excess of idle speed on certain waters.
DEPARTMENT OF NATURAL RESOURCES
H.3055 Department Of Natural Resources Updates Rep. Hixon
In an effort to implement recommendations provided by the Legislative Oversight Committee, this bill makes substantial changes to DNR.
H.3056 Inactive Wildlife Entities Rep. Hixon
In an effort to implement recommendations provided by the Legislative Oversight Committee, this bill repeals various inactive wildlife entities.
H.3057 Department of Natural Resources and Water Resources Rep. Hixon
In an effort to implement recommendations provided by the SC Legislative Oversight Committee, this bill deletes various expired directives such as, but not limited to, the transfer of authority and duties from certain agencies to DNR.
H.3058 New Horizons Development Authority Rep. Hixon
This bill repeals Chapter 11, Title 13, relating to the New Horizons Development Authority.
H.3059 Heritage Trust Revenue Bonds Rep. Hixon
This bill repeals Article 3 of Chapter 17, Title 51, relating to the Heritage Trust Revenue Bonds.
H.3306 Lease of Development Rights to Geothermal Resources Rep. Hixon
This bill designates the Department of Health and Environmental Control as the exclusive agent in selecting lands to be leased. The current exclusive agent is the Department of Natural Resources.
H.3538 Alligator Management Program Rep. Bradley
The bill outlines that the Department of Natural Resources must establish set conditions for the humane taking and disposition of alligators. The bill also outlines conditions to prohibit the taking of alligators from a sanctuary unless the alligator has been determined to be a nuisance.
FORESTRY
H.3015 State Commission of Forestry Membership Rep. G. M. Smith
The bill provides that the two at-large members of the Commission, appointed by the Governor, must reside in a county with a forest in excess of 28,000 acres.
H.3053 Harvest of Timber on Lands Held by the Department Of Natural Resources Rep. Hixon
Among many things, the bill outlines that DNR shall notify the State Forester at least thirty days prior to bidding of timber sales. The State Forester shall notify DNR prior to the bid date if the sale is not in keeping with good forestry practices or will adversely affect the remainder of the timber. If the State Forester objects on these grounds, the sale may not be made.
H.3541 Regulation of Fires by the State Forester Rep. Hixon
The bill outlines that the regulation of fires by the State Forester does not apply to fires used for the preparation of food or fires used in appropriate enclosures. The bill would also allow state Forestry Commission officers to write warning tickets.
HUNTING AND FISHING
H.3104 Hunting and Fishing License Residency Requirements Rep. Yow
The bill allows an adopted child to be eligible for a lifetime recreational license upon approval of the adoption petition. The bill also allows the same for a lifetime combination license at no cost.
H.3548 Possession of Nongame Devices Rep. Ott
The bill deletes the prohibition on the possession of a game fish device while possessing or using a nongame device.
H.3549 Changes to Hunting and Fishing Licenses Rep. Ott
The bill authorizes the Department of Natural Resources to offer a license, permit or tag made of a durable material and establish a fee. The bill also allows for a person hunting or fishing to electronically display a license, permit or stamp.
PUBLIC WATER SYSTEMS
H.3272 Fair Access to Residential Water Act Rep. Hill
Among many things, the bill enacts the Fair Access to Residential Water Act which states that a municipality may not charge people who reside outside of the corporate boundaries higher rates for water services.
H.3273 Election of Members to Municipal Councils to Represent Nonresident Municipal Customers Rep. Huggins
If a municipality provides water or sewer services to nonresident residential customers at rates higher than rates applicable for these customers within the municipality's boundaries, nonresident special members must be elected to the governing body of the municipality.
H.3514 Contaminant Levels for Certain Pollutants in Public Water Systems Rep. J. Moore
This Joint Resolution would require the Department of Health and Environmental Control to promulgate regulations to establish maximum contaminant levels for certain pollutants in public water systems.
H.3515 Contaminant Levels for Certain Pollutants in Public Water Systems Rep. J. Moore
This bill requires the Department of Health and Environmental Control to promulgate regulations to establish maximum contaminant levels for certain pollutants in public water systems.
H.3574 Safe Water Purification Levels Rep. Clyburn
The bill would provide that a private or public utility (or municipality) operating a public water system must provide the water purification levels for the water provided by the utility or municipality during a previous billing cycle in comparison with the minimum state water quality standards under the Safe Drinking Water Act on the customer's water bill.
OTHER ITEMS
H.3019 Harbor Pilotage Instruction Rep. Gilliard
The State Board of Education shall provide one unit of instruction in harbor pilotage that school districts shall offer in middle schools and high schools as an elective course. Instruction in harbor pilotage must include an overview of harbor pilotage (as well as the process required to become a licensed harbor pilot).
H.3071 Equine Industry Support Measures Study Committee Rep. Ott
This Joint Resolution would create the Equine Industry Support Measures Study Committee to examine the potential for further growth of the equine industry and the resulting economic impact.
H.3222 Waste Tire Management Rep. Davis
The bill authorizes the Department of Health and Environmental Control to promulgate regulations and make certain permitting decisions concerning waste tire management. The bill also changes certain penalty requirements.
H.3527 Petroleum Pipelines Rep. Hixon
This bill establishes application and permitting process provisions relating to petroleum pipelines.
H.3544 South Carolina Equine Promotion Act Rep. D. C. Moss
The bill creates the South Carolina Equine Promotion Act. Among many things, the bill establishes the Equine Promotion Board and provides for the composition of the board and the terms. In an effort to promote the equine industry, the bill also imposes an assessment on all commercial feed and custom blends labeled for equine use.
SCHOOLS AND SCHOOL DISTRICTS
H.3002 American Founding Principles Instruction Rep. Bennett
This bill would provide specific requirements concerning instruction in United States foundational history in public high schools. The bill expands the duration of required American founding principles instruction and requires that the State Superintendent of Education must prescribe certain texts.
H.3004 Teacher Overtime Pay Rep. Brawley
This bill would provide that public school teachers may not be required to work more than thirty-seven and one half hours each week without receiving overtime pay.
H.3005 Teacher Lunch Periods Rep. Brawley
This bill would provide that public school classroom teachers be entitled to thirty-minute lunch periods free from all duties and responsibilities connected with the instruction and supervision of students.
H.3006 School Lunch Debt Rep. Brawley
This bill would provide that public schools may not use debt collection agencies to collect or attempt to collect outstanding debts on student school lunch or breakfast accounts, nor assess or collect any interest, fees, or other such monetary penalties for outstanding debts for student school lunch or breakfast accounts, and forgives current debt.
H.3022 Financial Literacy Rep. Govan
This bill would provide for additional instruction in high school financial literacy programs. Additional topics include college and education loans, key loan terms, monthly payment obligations, repayment options, credit, and education loan debt. These would be applicable upon the next adoption of revisions to the Social Studies academic standards.
H.3023 Compulsory School Attendance Rep. Govan
This bill would increase from seventeen to eighteen years of age of the child at which a parent or guardian no longer has responsibility to cause the child to attend school.
H.3028 Parental Involvement in Education Rep. Huggins
This bill would refine the definition of "parent" to mean "biological parent, stepparent, legal custodian, or other person responsible for the welfare of a child in a parental capacity, excluding an individual whose parental relationship to the child has been legally terminated." The bill would also require that schools provide parents with a related pledge of parental expectations during annual registration.
H.3031 Interscholastic Activities and Homeschool Students Rep. Kimmons
This bill would remove the requirement that homeschool students must be homeschooled for a full academic year before they may participate in interscholastic activities (effective July 1, 2021).
H.3064 Official Mottos Rep. Burns
The State Board of Education shall make rules and regulations for the display of In God We Trust, the official motto of the United States, and Dum spiro spero, the official motto of South Carolina.
H.3077 Sports Physical Rep. Cobb-Hunter
This bill would require a student who participates on a school-sponsored athletic team to be administered an electrocardiogram test during the student's physical and to require the doctor who administers the test to clear the student for participation on the team before he is eligible to participate.
H.3080 Standardized College Readiness and Jobs Skills Assessments Rep. Collins
This bill would provide that each twelfth grade student shall take certain standardized college readiness and jobs skills assessments (ACT assessment and the ACT WorkKeys) and achieve a minimum score on one such assessment to graduate from high school. This would apply to high school students graduating after January 1, 2022.
H.3081 Supporting Teachers Act Rep. Collins
This bill would enact the Supporting Teachers Act. The bill proposes to conduct a semiannual, uniform, confidential, anonymous, and online opinion survey of all public school teachers to evaluate teacher satisfaction. The bill provides for the reporting of the results of these surveys and provides that public school districts may not retaliate against teachers for making public policy expressions. The bill also provides teachers with five additional planning days and increases the number of days to pay state aid to salaries of all schoolteachers in the public schools on the basis and for the length of "two hundred days in the elementary, middle, and secondary schools in the State."
H.3109 Per Pupil Cost Rep. Burns
This bill would provide that the per pupil cost for a student travels with the student.
H.3110 Student Transfer Costs Rep. Chumley
This bill would provide that the per pupil cost for a student attending a new school district must be transferred to the new school district.
H.3116 Personal Finance Instruction Rep. Davis
This bill would require a one-half credit course of study in personal finance with an end-of-course examination as a requirement for high school graduation beginning with the 2021-2022 school year.
H.3164 Advanced Placement Testing Rep. McCravy
This bill would provide that beginning with the 2022-2023 school year, public school districts shall make advanced placement testing and certain other testing available to home school students residing in the district if the tests are made available to students attending public schools in the districts.
H.3240 Study Committee on Current Conditions in Education Rep. Collins
This bill is a joint resolution to create a study committee to examine trends and current conditions in education activities and learning outcomes for different racial and ethnic student groups in the public schools of this state (with the purpose to identify and recommend means for improving outcomes for those groups).
H.3241 Valedictorian Recognition Day Rep. Collins
This bill would provide that Valedictorian Recognition Day must be observed annually on the second Tuesday in January at the State House by members of the General Assembly during the legislative session to honor those students who in the previous school year achieved the highest ranking based on grade point average in their graduating class.
H.3242 National Guard Youth Challenge and Wil Lou Gray Opportunity School Rep. Collins
This bill would provide that school districts shall solicit written parental consent to provide information to the South Carolina National Guard Youth Challenge academy for the limited purpose of enabling the academy to inform the students of its programs (with allowances and restrictions). The bill also involves the authority of the Wil Lou Gray Opportunity School to obtain from school districts the contact information of students who have left or intend to leave school before graduation, so as to provide that school districts shall solicit written parental consent to provide such information to the school for the limited purpose of enabling it to inform the students of its academic and vocational training programs.
H.3245 Physical Education Rep. Collins
This bill would provide that instructional days may not begin before 8:30 a.m., revises the standards to require an overall increase in mandatory physical activity minutes and requires that physical activity include instructional play and unstructured play in addition to physical education.
H.3246 Teacher Employment Contracts Rep. Daning
This bill would provide that teacher employment contracts may not impose any restraints on teachers who terminate such contracts for employment in other districts (with attendant protections).
H.3250 Academic Standards and Assessment Committee Rep. White
This bill would create the Academic Standards and Assessment Committee to make recommendations to the General Assembly regarding the best manner by which academic standards may be assessed without interfering with educational instruction.
H.3314 School Resource Officers Rep. King
This bill would provide that public school districts shall ensure the continuous presence of school resource officers in public schools during regular operating hours (with guidelines).
H.3315 College Financial Aid Education Act Rep. King
This bill would enact the College Financial Aid Education Act to include "financing secondary education" among the topics included in high school financial literacy programs and expand the scope of students to whom packages and counseling are offered to include high school students and college students.
H.3318 Opening Date for the Public School Year Rep. King
This bill would eliminate the provision requiring the opening date for schools to be before the third Monday in August and to require school districts to establish the opening date for each of its schools.
H.3319 Free and Reduced-Price Meals Rep. King
This bill would provide that students eligible for free and reduced-price meals must be offered the same (federally reimbursable) meal as ineligible students. Also, schools that offer food and beverages separately from federally reimbursable meals may not allow students to accrue a balance when purchasing items.
H.3320 School District Audits Rep. King
This bill would provide that the Office of Auditing Services in the State Department of Education shall conduct an audit of a school district or individual school at the request of either five members of the General Assembly or two members or more of the board of trustees that governs the district for which the audit is being sought. Such an audit may be performed only every three years for an individual district or school.
H.3322 Matriculation and Incidental Fees Rep. King
This bill would provide that public school boards may not charge matriculation or incidental fees to students as conditions to enrolling in or attending public schools.
H.3328 Incident Reports Rep. McDaniel
This bill would provide that school administrators shall compile and report incidents of harassment, intimidation, and bullying to the Department of Education. The bill provides penalties for noncompliance.
H.3330 Health Standards Rep. J. Moore
This bill would provide that the state Board of Education shall continue to make instructional materials aligned with mental, emotional, and social health standards available to districts before September 1, 2022 and to require middle schools offer one elective unit of study in mental health and wellness to seventh grade students and to provide that ninth grade students shall successfully complete one unit of study in mental health and wellness.
H.3332 Critical Thinking and Media Literacy Skills Rep. Rose
This bill would provide that for the integration of critical thinking and media literacy skills in public schools.
H.3337 Military Temporary Remote School Enrollment Act Rep. G. M. Smith
This bill enacts the Military Temporary Remote School Enrollment Act. This bill would provide that public school pupils comply with school enrollment requirements if their parents are transferred to or are pending transfer to military installations in this state while on active military duty pursuant to official military orders.
H.3338 Reinforcing College Education on America's Constitutional Heritage Act Rep. G. R. Smith
This bill enacts the Reinforcing College Education on America's Constitutional Heritage Act (or, the REACH Act). This bill would require that each public high school instruct in the essentials of the United States Constitution, the Federalist Papers, the Declaration of Independence, the Emancipation Proclamation, the Civil Rights Act of 1964, and include the study of American institutions and ideals. Moreover, no student may graduate without previously passing a satisfactory examination on these provisions and principles. The bill also provides that each institution of higher learning must provide instruction concerning the United States Constitution, the Federalist Papers, the Declaration of Independence, the Emancipation Proclamation, the Civil Rights Act of 1964, and include the study of American institutions and ideals to each undergraduate student for three semester credit hours. This bill repeals the section relating to the enforcement of the program of study of the United States Constitution by the state Superintendent of Education. The bill removes a loyalty demonstration requirement.
H.3353 Teacher Credentialing Rep. Collins
This joint resolution would create a study committee to examine teacher-credentialing requirements in this state and recommend improvements intended to have a corresponding positive impact on student outcomes.
H.3449 Declarations of a State of Emergency in At-Risk Schools Rep. McDaniel
This bill relates to declarations of a state of emergency in at-risk schools and revises the actions the state superintendent is authorized to take in these situations (including reporting violations of law to the governor, attorney general, and appropriate circuit solicitor). The state superintendent may not replace the school's principal or take over management of the school, but instead may recommend to the district board the replacement of the school's principal and together with the district board shall implement other recommendations of improvement made by the state board of education and the state superintendent.
H.3463 Nonpublic School Student Participation in Interscholastic Activities Rep. Elliott
This bill would provide limited situations in which seventh grade and eighth grade students who attend private schools may participate in high school league sports offered at public high schools.
H.3464 Seizure Safe Schools Act Rep. Gilliam
This bill would enact the Seizure Safe Schools Act and require the establishment of seizure action plans in public schools.
H.3465 Professional Certificate Renewal Rep. Gilliam
This bill would provide a person who holds a professional certificate issued by the Department of Education for twenty or more years and who teaches in this state for twenty or more years may renew annually the certificate by participating in required district professional development without having to satisfy any additional renewal requirements (these provisions apply notwithstanding the provisions of the Certificate Renewal Plan developed by the Office of Teacher Certification or another provision of law).
H.3467 Revision of Mental, Emotional, and Social Health Standards Rep. J. Moore
This bill would provide that the state Board of Education shall develop certain grade-appropriate instructional units in mental health and wellness. Specifically, seventh and ninth grade students must be offered one such unit of mental health and wellness beginning with the 2022-2023 school year.
H.3468 South Carolina Service Corps Act Rep. J. Moore
This bill would enact the South Carolina Service Corps Act. The bill would provide that persons who complete a term in the service corps are eligible for certain higher education tuition assistance grants.
H.3470 Dual Enrollment Rep. B. Newton
This bill would make dual enrollment opportunities available to all high school students beginning with the 2021-2022 school year. (providing requirements that students in grades ten through twelve must satisfy to take dual enrollment courses). The bill makes lottery tuition assistance available to such students for dual enrollment credits, provide that this assistance does not require students to take any minimum number of dual enrollment credits, and would include two-year institutions of higher learning and technical colleges among institutions of higher learning whose students may be eligible for the scholarships.
H.3476 Student Identification Card Suicide Prevention Act Rep. Thigpen
This bill would enact the Student Identification Card Suicide Prevention Act. The bill would provide that public schools and public and private institutions of higher learning shall add the telephone number for the national suicide prevention lifeline to student identification cards and may add telephone and text numbers for certain other hotlines to student identification cards.
HIGHER EDUCATION
H.3017 Two-Year and Technical Colleges and the Palmetto Fellows Scholarship Rep. Davis
This bill would provide that two-year institutions of higher learning and technical colleges be among institutions of higher learning whose students may be eligible for Palmetto Fellows Scholarships.
H.3025 Military Priority Registration Act Rep. Huggins
This bill would enact the Military Priority Registration Act, by providing priority course enrollment for military-related students.
H.3027 Title IX Notification Act Rep. Huggins
This bill would enact the Title IX Notification Act, providing that institutions of higher learning that receive federal funds shall indicate the existence of affirmative findings of student violations of Title IX punishments. The findings that result from disciplinary proceedings conducted by the institution shall indicate the existence of these affirmative findings on student transcripts for five years after graduation or withdrawal from the institution. In addition, the bill would require certain notification to institutions to which students seek to transfer or pursue graduate studies while disciplinary proceedings are underway.
H.3029 Midlands Technical College Enterprise Campus Authority Rep. Huggins
This bill would require the Midlands Technical College Enterprise Campus Authority to file certain documents with the Fiscal Accountability Authority regarding the sale of surplus property. This bill would permanently authorize Act 189 of 2018 and repeal the sunset provision.
H.3076 Diversity Requirements Rep. Chumley
This bill would provide that public institutions of higher learning faculties must reflect the ethnic and political diversity of the communities in which they are situated and require the Commission on Higher Education periodically furnish certain related data on such institutions to assist in ensuring compliance with these diversity requirements.
H.3102 South Carolina Commission for Comprehensive Education Rep. White
This bill would abolish the Education Oversight Committee and the Commission on Higher Education on July 1, 2021 and devolve their duties, responsibilities, and functions upon the South Carolina Commission for Comprehensive Education. In addition, the bill establishes the new commission as the lead agency to coordinate and implement the initiatives for lifelong learning. The bill would seek to create a seamless system of educational initiatives designed to include every level of education from early childhood education through graduate studies "cited as the P-20 educational system (preschool through age 20)."
H.3136 Palmetto Fellows and Life Scholarships Rep. White
This bill would provide that beginning in school year 2021-2022 and regarding palmetto fellows and life scholarships, a student shall receive the scholarship based on credit hours attempted.
H.3144 South Carolina Workforce Industry Needs Scholarship (SC WINS) Rep. White
This bill would establish the South Carolina Workforce Industry Needs Scholarship (SC WINS), to provide that certain students attending a two-year technical college are eligible for the scholarship.
H.3253 Veterans Nursing Degree Opportunity Act Rep. Stringer
This bill would enact the Veterans Nursing Degree Opportunity Act. The bill would provide a "gateway for military veterans to transition from military life to a professional career in nursing" by authorizing the development and implementation of Veteran Associate of Science in Nursing degree programs and Veteran Bachelor of Science in Nursing degree programs.
H.3321 Written Notice Regarding Scholarships Rep. King
This bill would provide that institutions of higher learning shall provide certain written notice to students before terminating or reducing scholarships.
H.3323 Higher Education Management Performance Audit Rep. King
This bill would provide that beginning January 1, 2023, the Legislative Audit Council shall conduct a management performance audit of each public institution of higher education in the state every ten years (pursuant to a certain schedule).
H.3324 Higher Education Application Fees Rep. King
This bill would provide that public institutions of higher learning may not charge application fees to in-state residents.
H.3333 Eligibility Criteria Regarding In-State Tuition and Scholarships Rep. Rutherford
This bill provides that a student would be exempt from paying out-of-state tuition at a public institution of higher education in South Carolina and would be eligible for certain state sponsored scholarships and tuition assistance (if they attended a high school in this state for three or more years, graduated from a high school in the state or received the equivalent of a high school diploma in this state, or register as an entering student or is currently enrolled in a public institution of higher education). In addition, an illegal alien is exempt from paying out-of-state tuition and is eligible for state-sponsored scholarships and tuition when they file an affidavit with the institution of higher education stating that the student has filed an application to legalize his immigration status or will file an application as soon as he is eligible to do so. The legislation provides that a student who is eligible for a state sponsored scholarship or tuition assistance under these provisions must also meet other pertinent qualifications. The legislation provides that student information obtained in the implementation of these provisions must be confidential.
H.3339 Forming Open and Robust University Minds Act Rep. G. R. Smith
This bill would enact the Forming Open and Robust University Minds (FORUM) Act by providing measures to protect expressions by students and student organizations in certain places on the campuses of public institutions of higher learning in this state. The bill provides related requirements for policies and procedures and specific responsibilities of public institutions of higher learning and provides means of redress for violations of this act.
H.3355 Palmetto Fellows Scholarship Eligibility Rep. W. Cox
This bill would remove minimum standardized test scores from scholarship criteria.
MOTOR VEHICLES
H.3007 DMV Records Rep. Elliott
This bill would provide that certified copies of Department of Motor Vehicles documents must include a watermark applied to the document when it is printed from the department's computer system and that clerks of court and magistrates must transmit electronically certain documents to the DMV and that courts must provide that notification must be made electronically within five business days after the disposition of the case. In addition, it would require notification that litter citations must be made electronically to the DMV.
H.3036 Firearm Disclosure Rep. Govan
This bill would provide that during a motor vehicle traffic stop, the driver and passengers in a motor vehicle must disclose to the law enforcement officer the existence of all firearms located in the motor vehicle.
H.3037 Driver Medical Condition Rep. Garvin
This bill would provide that the Department of Motor Vehicles may add a notation to a private passenger-carrying motor vehicle registration to indicate the vehicle owner or an occupant of the vehicle suffers from certain medical conditions. The bill would require that the Criminal Justice Academy offer courses to train law enforcement officers on handling situations that may arise from the enforcement of this provision.
H.3041 Felony Charge if a Traffic Fatality is Caused by a Driver With a Suspended License
Rep. Huggins
This bill would establish that a person who drives a motor vehicle on the public highways of this state when his license to drive is canceled, suspended, or revoked and causes the death of another person is guilty of a felony and, upon conviction, must be imprisoned for not more than fifteen years, or fined not less than two thousand five hundred dollars or not more than ten thousand dollars, or both.
H.3084 Sunscreen Devices Rep. Rutherford
This bill would revise the permitted level of light transmission for sunscreen devices installed on the windshield, side windows, and rear window of a motor vehicle.
H.3090 Tail Lamps Rep. Rutherford
This bill would provide that a vehicle may not be stopped for having an inoperable tail lamp or separate lamp in the absence of a violation of another law.
H.3098 Golf Carts Rep. Bryant
This bill provides that a municipality may adopt an ordinance that allows for the operation of golf carts that are equipped with working headlights and rear lights during non-daylight hours.
H.3100 Passing a Stopped School Bus Rep. Bennett
This bill would increase penalties associated with unlawfully passing a stopped school bus, with all fines used to purchase digital recording devices mounted on school buses and extended school bus stop arms.
H.3101 Disposition of Motor Vehicles Rep. Allison
This bill would provide for the disposition of a motor vehicle in the possession of a salvage pool operator (who, upon the request of an insurance company or charity takes possession of a motor vehicle that is the subject of an insurance claim or a charity donation and subsequently insurance coverage is denied or the charity does not take ownership of the motor vehicle).
H.3154 Reforming Driver's License Suspensions Rep. G. M. Smith
This bill would delete the term "financial responsibility" and substitute the term "insurance" in its place under code sections requiring motorists to have insurance, or to have paid the stated fee in lieu of insurance, for their vehicles in order to operate them on state roadways. Motorists' failure to provide proof of insurance violations could not be considered "habitual offender" violations under this bill. Contains other necessary revisions to reflect this change in enforcement, including clarifying that the DMV, not its director, is to make certain determinations and enforce certain policies and procedures.
H.3155 Minimum Speed Limit Rep. Rutherford
This bill would provide that the minimum speed limit along a highway with a maximum posted speed limit of seventy miles an hour is fifty miles an hour.
H.3156 Data Collection Rep. Rutherford
This bill would provide that the collection of certain data about the driver of a motor vehicle by a law enforcement officer who stops a motor vehicle and does not issue a citation nor makes an arrest also applies to a motor vehicle stop where an officer does issue a citation or makes an arrest. The legislation would also revise the provision that requires committees of the General Assembly to review the provisions contained in this section.
H.3160 Speedometers Rep. Rutherford
This bill would provide that it is unlawful to operate a motor vehicle along a highway without a speedometer that is maintained in good working order. Further, a person who is charged with operating a motor vehicle twenty miles an hour or less in excess of the posted speed limit and can prove that his vehicle's speedometer was not in good working order, must be charged with operating a motor vehicle without a speedometer that is maintained in good working order.
H.3182 School Bus Violations Rep. Thayer
This bill would allow the Department Of Public Safety to issue a civil penalty citation against the registered owner of a vehicle violating certain provisions that pertain to a vehicle meeting or overtaking a school bus.
H.3219 Authority to Drive Rep. Collins
This bill would require the Department of Social Services to establish a program to pay for certain expenses incidental to becoming legally authorized to drive for children fifteen years of age or older who reside in out-of-home care. The bill also involves liabilities involving foster parents.
TRANSPORTATION
H.3011 Traffic Flow Rep. West
This bill would provide that on any controlled access roadway having two or more lanes allowing movement in the same direction, a driver may not continue to operate a motor vehicle in the furthermost left-hand lane if the driver knows or reasonably should know that he is being overtaken in that lane from the rear by a motor vehicle traveling at a higher rate of speed. There are other provisions relating to these circumstances.
H.3051 Transportation Feasibility Determination Rep. Pendarvis
This bill provides that a feasibility determination involving the statutory Department of Transportation feasibility determination be based on certain quantifiable performance measures. The quantifiable performance measures required shall include: pedestrian and bicycle plans adopted by metropolitan planning organizations, alignment with the health equity measures included in local pedestrian plans, safety and crash data, and proximity to schools, hospitals, colleges and universities, government offices, parks, recreational facilities, and other pedestrian destinations. Also, the bill includes, proximity to transit stops, the existence of worn footpaths, areas identified by the Centers for Disease Control and Prevention as socially vulnerable, locations identified in a Safe Routes to School Travel Plan or a department safety audit, proximity to grocery stores or convenience stores, and the existence of established federal, state, or local bicycle routes or trails. Written determination must be made by the Secretary of Transportation during the preconstruction process.
H.3137 Automatic License Plate Reader System Rep. Rutherford
This bill would provide that only certain entities may use an automatic license plate reader system (including the locations where the system may be installed and how information obtained through the system may be used).
H.3190 Commercial Driver License Holder Employment Protection Act Rep. Cobb Hunter
This bill would enact the Commercial Driver License Holder Employment Protection Act to provide that the successful completion of a federally sanctioned commercial driver license examination and the issuance of a valid commercial driver license by this state or another state constitutes prima facie evidence of basic qualifications to drive commercial motor vehicles.
H.3208 School Bus May Lawfully Pass Rep. Allison
This bill would provide that a school bus may lawfully pass another school bus on a multilane highway.
H.3475 Seat Belts on School Buses Rep. Robinson
This bill would provide that school buses must be equipped with three-point lap and shoulder seat belts in numbers sufficient to allow all student passengers to use such belts.
H.3502 Emergency Services Personnel Rep. Long
This bill would revise the definition of the term "emergency services personnel" to include tow truck operators.
H.3505 Infrastructure Maintenance Fee Assessed Against a Vehicle Rep. Simrill
Currently an infrastructure maintenance fee is assessed against a vehicle (owned or leased) upon its first registration. Among several things, this bill provides that upon its first registration this fee also applies to the first titling of a vehicle.
H.3535 Transportation Services Rep. Thigpen
This bill would provide that the added term "services" means transportation "services" such as mass transit systems. In addition, the bill requires that transportation authorities or contracting entities shall apply the same procurement methods and requirements when procuring or contracting for services and the operation of transportation services. The bill also provides that sales and use taxes or tolls also may be used to finance transportation services.
LICENSE PLATES
H.3040 Special License Plates Rep. Hill
This bill would delete the requirements that the Department of Motor Vehicles and the General Fund be allocated a portion of the fees collected from the sale of special license plates to veterans of Operation Desert Storm-Desert Shield, Operation Enduring Freedom, and Operation Iraqi Freedom and to provide the individual or organization seeking issuance of a license plate is not required to provide the department a fee or a market plan before the license plate is produced.
H.3086 Prohibits License Plate Stops Rep. Rutherford
This bill would provide that a vehicle may not be stopped for having a frame on its license plate that obscures the license plate letters or numbers in the absence of a violation of another law.
H.3147 Air Medal Special License Plates Rep. G. M. Smith
This bill would provide that the Department of Motor Vehicles may issue "air medal" special license plates.
H.3091 Sons of Confederate Veterans License Plates Rep. Rutherford
This bill would provide that the Sons of Confederate Veterans special license plates shall not contain a confederate flag and that upon revalidation of this special license plate, a special license plate that does not contain a confederate flag must be issued to replace a special license plate that contains a confederate flag.
H.3095 Military-Related License Plates Rep. B. Cox
The legislation better categorizes and standardizes the way the Department of Motor Vehicles issues military-related license plates. Currently, there are different standards for similarly classified military-related license plates.
H.3501 Revolutionary War Commemorative License Plates Rep. Collins
This bill would provide that the Department of Motor Vehicles may issue two hundred fifty year anniversary American Revolutionary war commemorative special license plates. This is the sestercentennial anniversary.
Other Bills
H.3453 Red Rice Day Rep. J. Moore
This bill would declare the last Saturday in September of each year as "Red Rice Day" in South Carolina.
ABORTION
H.3163 South Carolina Stands for Life Act Rep. McCravy
A bill to enact the South Carolina Stands for Life Act to require testing for a detectable fetal heartbeat before an abortion could be performed on pregnant women. Would also prohibit the performance of an abortion when a fetal heartbeat is detected. Both prohibitions have medical emergency exceptions. Also would establish certain requirements applicable to physicians who prescribe a chemical abortion pill. Creates civil and criminal penalties for violations. Also would establish a private right of action for women receiving a chemical abortion in violation of the enumerated bill restrictions. Bans dismemberment abortions, except in cases of danger to the mother's health.
H.3508 Life Appropriation Act Rep. Bennett
The Life Appropriation Act would add definitions of "abortion referral," "convenience abortion," and "secular abortion" to existing laws. Also seeks to ban public funds being sent to facilities, individuals, or entities to pay the direct or indirect costs of performing, inducing, referring, or counseling in favor of convenience abortions. It would require the SC Department of Health and Environmental Control and other state agencies to ensure that federal funds are not being used to perform or promote convenience abortions. Also, would create the "South Carolina Foster Care And Adoption Initiatives Fund" and prohibit hospitals or other state actors from discriminating against or disciplining anyone on the basis of their moral religious beliefs in favor, or against, convenience abortion or secular abortion; and for other purposes.
H.3512 No Fetal Anomaly Abortions Rep. Long
If passed, this bill would make an abortion a criminal act during any trimester, if the sole reason for it is that the unborn child has a fetal anomaly. As part of this effort, it would also eliminate the fetal anomaly exception to the prohibition of abortions when the probable post-fertilization age of an unborn child is twenty weeks or more.
H.3568 Personhood Act Rep. Magnuson
The Personhood Act of South Carolina would establish the right to life for each born and preborn human being vesting at fertilization. Furthermore, it would invoke the rights of due process and equal protection at the same time for them.
ATTORNEY GENERAL
H.3522 Attorney General Public Funds for Candidacy Rep. Cobb-Hunter
This joint resolution proposing a referendum on an amendment to our state constitution that would authorize candidates for attorney general to finance their campaigns with public funds.
BEER AND WINE
H.3013 Sunday Alcohol Sales Rep. Rutherford
This bill would allow Sunday alcohol sales if authorized by an appropriate county or city referendum.
H.3575 Curbside Delivery of Alcohol Rep. Fry
Qualifying retailers could offer limited curbside delivery or pickup service of beer or wine under this prospective legislation.
CHILDREN
H.3052 Sex Offender Child Visitation Rep. Pope
If enacted, sex offenders could have supervised contact with, or custody of, minors if they first receive specified therapy, and then report the names and addresses of these minor children to the court. Circuit solicitors would have to provide nonoffending parents with information about safe guarding minors from an offending parent.
H.3107 Human Trafficking and Child Exploitation Prevention Act Rep. Bennett
This pending legislation requires retailers of internet-enabled devices to install filters that block, by default, websites that are known to facilitate human trafficking or prostitution and websites that display child pornography, revenge pornography, or obscene material harmful to minors. Also has procedures to deactivate these filters. Establishes "The South Carolina Human Trafficking and Child Exploitation Prevention Grant Fund."
H.3158 Getting Off the Juvenile Sex Offender List Rep. Rutherford
A proposal to establish a procedure to allow certain registered juvenile sex offenders the right to have their names removed from the sex offender registry. It also would allow certain juveniles who have been adjudicated delinquent by the family court to be placed on the sex offender registry.
H.3162 Minimum Standards for SC DSS Caseworkers Rep. King
If passed, any caseworkers who fail to make the prescribed number of personal contacts with foster children, and who fail to require foster parents have the foster children available, would have to be terminated from employment, with exceptions. Caseworker supervisors would similarly be subject to termination.
H.3168 Equal Child Visitation Presumptions Rep. McKnight
This bill would modify parenting plans to create a presumption that it is in the best interest of the child to spend approximately an equal amount of time with each parent, with exceptions. Also would require a child custody order to include findings of fact if the time-sharing schedule does not allocate approximately equal parenting time to each parent.
H.3173 Child Cruelty as Divorce Grounds Rep. Pope
Would allow physical cruelty toward a petitioning party, or the minor child of a petitioner, as an additional grounds for divorce.
H.3178 Minor Child Interrogation Prerequisites Rep. Rutherford
Law enforcement officers would have to meet certain prerequisites before interrogating an arrested child for violating a criminal law or ordinance.
H.3201 No Toxic Substance Sales To Minors Rep. Rutherford
A proposed state constitutional amendment referendum to allow the General Assembly to restrict the sale of certain products, substances, or services determined by the General Assembly to be unreasonably hazardous, perilous, or unsafe to persons under the age of twenty-one.
H.3209 South Carolina Child Abuse Response Protocol Act Rep. Bernstein
Proposes the South Carolina Child Abuse Response Protocol Act to require multidisciplinary teams involved in child abuse investigations and prosecutions to follow certain child abuse response protocols. An advisory committee would work to review and update these protocols. Finally, it would make children's advocacy centers hold certain accreditation status, or be actively pursuing accreditation.
H.3211 Joint Citizens and Legislative Committee On Children Rep. Bernstein
An effort to reauthorize the Joint Citizens and Legislative Committee on Children through December 31, 2030.
H.3214 Fictive Kin As Foster Parents Rep. Bernstein
Seeks to define "fictive kin." Then, would make fictive kin eligible to become foster parents under the kinship foster care program. Also would allow relatives and fictive kin to foster a child before being licensed as a kinship foster care provider under certain circumstances.
H.3212 Youth Sentencing Act Rep. Bernstein
These additions to the Youth Sentencing Act of 2021 would prohibit the penalty of life imprisonment for any individual who is under the age of eighteen at the time of committing any jailable offense. Sets out proposed new maximum sentences for those individuals who committed an offense as a minor before the effective date of this bill.
H.3213 Limiting Jail Time for Children Rep. Bernstein
If passed, this proposed legislation would eliminate the exception for children to be tried as adults. It also would decrease the length of time that a child may be held for violation of a court order regarding a status offense as will be distinguished from criminal offenses.
H.3215 Teenagers on Sex Offender Registry by Family Court Order Rep. Bernstein
This bill would give family courts the discretion whether to require a child fourteen years or older to be placed on the sex offender registry. Would prohibit family courts from placing a child under fourteen years on it. Also would limit access of the sex offender listing to victims, witnesses, schools, childcare facilities, and other businesses that primarily serve children, women, or vulnerable adults, unless the court determine it should be made public.
H.3229 Wilful Failure to Visit by Inmates Rep. Henderson-Myers
Seeks to clarify the grounds of wilful failure to visit a child and wilful failure to support a child when it involves incarcerated parents. Court review criteria are spelled out in this bill.
H.3235 Child Welfare and Safety as the Foundational SC DSS Focus Rep. Kimmons
This bill would clarify that legal representatives of SCDSS must ensure that child welfare and safety are the predominant bases of department recommendations and decisions. These legal representatives would have sole discretion on behalf of the department over any decisions pertaining to these court proceedings.
H.3509 Extending Foster Care Past Age Eighteen Rep. Fry
This legislation would enable certain children still in SCDSS custody on their eighteenth birthday to continue to receive services and support until they turn twenty-one, if they provide written authorization to SCDSS.
H.3569 Child Visitation Parity Rep. Jones
A proposal to create a rebuttable presumption that it is in the best interest of any child to spend approximately an equal amount of time with each parent when both parents are willing, able, and fit. Family court child custody orders would have to include findings of fact if time-sharing schedules do not allocate approximately equal parenting time to each parent. Also would set out prerequisites for modifying these child custody orders.
CLERKS OF COURT
H.3331 Enhanced Clerk of Court and Register of Deeds Qualifications Rep. B. Newton
Sets out a list of proposed qualifications for county clerks of court and registers of deeds, but exempts incumbent officeholders from these requirements.
CHURCHES
H.3105 South Carolina Religious Freedom Act Rep. Yow
South Carolina Religious Freedom Act deems religious services as essential services during states of emergency, which would be allowed to continue operating throughout any states of emergency, if this legislation is enacted.
COURTS
H.3075 Exemptions Against HOA Collection Actions Rep. Rutherford
Any debtor's interest in real estate used as a primary residence could not be sold if the action was instituted by a homeowners association attempting to collect unpaid dues, fees, or fines. Also would deny homeowners association the authority to foreclose on property.
H.3082 Judgment or Decree Renewals Rep. Thayer
Judgment holders could submit a written notice of their intent, and follow additional procedures, in order to revive or renew a final judgment or decree that normally would expire after 10 year's time.
H.3390 Limiting Public Foreclosure Sales During States of Emergency Rep. McDaniel
During states of emergency, no judicial proceedings or judicial sales to foreclose on real estate could be conducted.
H.3423 Right to Counsel Notice in Summary and Municipal Court Cases Rep. Cobb-Hunter
This bill wants to require defendants in magistrate and municipal courts facing the possibility of imprisonment to be informed of their right to counsel.
H.3431 Expanding Magistrates Civil Jurisdiction Rep. Huggins
A proposal that seeks an increase in magistrate court civil case jurisdiction from seven thousand five hundred dollars to fifteen thousand dollars.
H.3473 Stop the School House to Jail House Pipeline Act Rep. Robinson
The proposed Stop the School House to Jail House Pipeline Act creates a restorative justice study committee. It would review our state juvenile justice laws and make recommendations for revisions, with a focus on encouraging diversion of juveniles from the existing juvenile justice system to restorative justice practices in certain circumstances. In addition, school districts adopting zero-tolerance policies could not apply them to petty acts of misconduct and misdemeanors. They would have to apply them equally to all students, regardless of their economic status, race, or disability, and to promote safe and supportive learning environments.
CRIMES AND OFFENSES
H.3044 Getting Off the Sex Offenders List Rep. King
A proposal to permit registered sex offender to file a court petition to terminate their registration requirement ten years from the date of initial registration under certain circumstances. Also, requiring a sex offender to register for life would be reduced to a maximum period of fifteen years.
H.3067 Animal Ownership Bans Rep. Hill
A bill to prohibit anyone repeatedly convicted of animal cruelty from owning an animal for up to five years.
H.3099 SC Probation, Parole and Pardons Department to Register Sex Offenders Rep. Bryant
This bill seeks to transfer the registration of sex offenders from county sheriffs to the SC Department of Probation, Parole and Pardon Services.
H.3172 Punishment Parity for Synthetic Drug Offenses Rep. Pope
A bill to apply penalties for trafficking in morphine and other natural opiate derivatives to synthetic opiate derivatives.
H.3202 Simple Possession by Veterans with PTSD Rep. Rutherford
Would allow the legal possession of twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish by veterans with an honorable discharges, or a general under honorable conditions discharge. That determination includes a US Department of Veterans Affairs diagnosis of service-connected, post-traumatic stress disorder (PTSD). This diagnosis would have to be connected to veterans' service in areas the US President designated by executive order as areas where US Armed Forces are engaging, or have engaged, in combat.
H.3210 Protection from Domestic Abuse Act Rep. Bernstein
Would revise the definition of "household member" in the Protection from Domestic Abuse Act to include persons who are cohabitating, or who formally cohabitated, as well as those who presently or formerly date. Also defines "dating relationship."
H.3224 Enhanced Prostitution Penalties Rep. Fry
Proposes to add prohibited conduct and increase the penalties for, among other prohibitions, solicitation of prostitution, establishing or keeping a brothel or house of prostitution, or causing or inducing another to participate in prostitution. It would also establish an affirmative defense of being a victim of human trafficking for certain defendants.
H.3228 Legal Simple Possession Rep. Henderson-Myers
Proposes to decriminalize possession of twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish. Would also authorize law enforcement to issue a civil citation for possession of that same quantity of marijuana or hashish.
H.3237 Date Rape Drugs as Schedule II Narcotics Rep. King
If passed, this bill would reschedule flunitrazepam and gamma hydroxybutyric acid as Schedule II controlled substances.
H.3236 More Definitions for the Omnibus Adult Protection Act Rep. May
This legislation would add a definition of "undue influence" and modify the definition of "exploitation" in the Omnibus Adult Protection Act.
H.3282 Mistaken Identification Arrest Records Destruction Rep. King
Any person arrested due to a case of mistaken identity would qualify for free destruction of their arrest records. Also, anyone charged with specific offenses have not been adjudicated or otherwise dismissed after a period of time could petition for these records to be destroyed.
H.3285 Unlawful Sexually Explicit Materials Distribution Rep. McKnight
This bill creates the criminal offense of unlawful dissemination of sexually explicit materials.
H.3286 Defense Against Porch Pirates Act Rep. McKnight
Introduces a new law to be named the Defense Against Porch Pirates Act. This initiative would make it a felony offense for any person to steal packages delivered to a dwelling's porch, steps, or the vicinity of any entrance or exit of a dwelling.
H.3287 Lawful Weapon Carrying by Clerks of Court Rep. B. Newton
An effort to add clerks of court to the list of officials who could carry guns to work.
H.3288 Homicide by Narcotics Rep. Pope
This bill creates the offense of homicide and great bodily injury by fentanyl, morphine, methamphetamine, or heroin, with penalties.
H.3289 Criminal Offense Penalties While on Bond Rep. Pope
If enacted, this legislation sets up sentencing enhancements for persons who commit certain additional crimes while on pretrial release on bond.
H.3291 Purple Paint as Trespassing Notice Rep. Pope
Would add as a method of giving No Trespassing notice via clearly visible purple-painted boundaries.
H.3292 High and Aggravated Assault of Law Enforcement Officers and Other First Responders Rep.Pope
This bill adds to assault and battery of a high and aggravated nature offense situations where anyone injures a federal, state, or local law enforcement officer or corrections officer, a firefighter, or an emergency medical services (EMS) worker in the course of performing their official duties.
H.3293 Terrorism Rep. Pope
Legislation proposing adding a criminal offense of furthering terrorism, with penalties. It also contains a method for the seizure and forfeiture of real and personal property used in connection with this criminal act.
H.3294 Unlawful Tracking Rep. Rutherford
A bill to create the offense of unlawful tracking, with penalties and exceptions.
H.3295 Courtesy Summonses Rep. Rutherford
If enacted, this legislation would require a courtesy summons to be issued when charges are dismissed or nol prossed after a preliminary hearing and a defendant is subsequently indicted by a local or state grand jury for the original --or substantially similar-- charge.
H.3296 Unlawfully Impersonating Another Rep. Rutherford
This bill creates the offense of intentionally impersonating another person through the use of email, social media, or other internet website, with penalties.
H.3298 Appealing Rulings in Stand Your Ground Cases Rep. Rutherford
Would allow an order concerning immunity from prosecution pursuant to the protection of persons and property act [i.e., Stand Your Ground] to be immediately appealable. Any defendant who does not appeal these orders immediately could still appeal any denial after conviction and sentencing.
H.3299 Sentence Reduction Requests by the Attorney General Rep. Rutherford
Would allow reduction of a sentence for substantial assistance to the state via a motion by our attorney general.
H.3300 Returning Seized Property Rep. Rutherford
If enacted, this legislation would direct expedited return of certain property and monies seized when forfeiture proceedings have not been instituted and charges have not been filed within thirty days of any seizure. Also would prohibit the seizing authority from requiring a lawful owner of property or monies to sign any release absolving the seizing authority from civil liability relating to an unlawful seizure before property or monies are returned.
H.3301 Criminal Case Remands Rep. Rutherford
This bill allows criminal cases where potential jail time does not exceed three years, rather than one year, to be transferred from general sessions court.
H.3303 No Vaping Or Cigarette Sales To Minors Rep. Rutherford
A bill to prohibit the sale, furnishing, or provision of cigarettes or alternative nicotine products to a person under twenty-one years of age. Anyone under 21 presenting a false or fraudulent proof of age for purposes of purchasing or possessing tobacco products or alternative nicotine products.Would be subject to penalties. No tobacco product or alternative nicotine product samples could be given to anyone under twenty-one years of age.
H.3363 Trafficking in Synthetic Narcotics Rep. Fry
An initiative to add to the criminal offenses of trafficking in illegal drugs provisions to include synthetic opiates.
H.3364 Selling Narcotics that Cause Death Rep. Fry
If enacted, this legislation would add to the crime of involuntary manslaughter the sale, or delivery of controlled substances, their analogues, or other unlawful substances that cause a user's death when ingested.
H.3367 Trafficking in Fentanyl Rep. Fry
A bill to add the criminal offense of "trafficking in fentanyl."
H.3368 DHEC Listing Schedule I Drugs Rep. Hewitt
This proposed legislation would authorize our SC Department of Health and Environmental Control to add appropriate substances as Schedule I Controlled Substances, in order to temporarily protect public health and safety.
H.3369 Identifying Death by Opiate Training Rep. Weeks
Coroners and medical examiners would have to complete continuing education on the identification of deaths caused by opiates under this proposal.
H.3371 Reporting Infant or Fetus Alcohol or Narcotic Exposure Rep. West
When an infant or fetus is exposed to alcohol or controlled substances, mandated reporting by health professionals of suspected child abuse or neglect requirements would kick in under this bill.
H.3417 Surveillance as a Bond Condition Rep. Bailey
This bill adds to the factors to consider when granting bond for violent offenders, and domestic violence offenders, as an additional condition of release on bond, that those charged with these offenses to be under surveillance via an active electronic monitoring device. These devices would have to be capable of keeping criminal act survivors notified at all times of the accused's immediate location.
H.3419 Disabling Fire Alarms in Correctional Facilities Rep. Bryant
A bill to increase fines for interference with fire alarms and giving false alarms inside a state or local correctional institution.
H.3424 Teen Dating Violence Prevention Act Rep. Garvin
If enacted, the Teen Dating Violence Prevention Act would create the offense of teen dating violence. It would allow incident survivors to seek orders of protection or restraining orders under certain circumstances. Participation in a pretrial intervention program would not be available to these accused offenders. Teen dating violence education would also be added to comprehensive health education curriculum.
H.3425 Unlawfully Distributing Smut Rep. Garvin
A proposal to create the criminal offense of unlawful dissemination of sexually explicit materials.
H.3426 Limiting Citizen Arrests Rep. Garvin
Legislation that would limit the circumstances for citizen arrests. Its scope would include taking someone's life or their arrest only when they have entered a dwelling house without express or implied permission.
H.3427 Hate Crimes Rep. Gilliard
Seeks to enhance penalties for anyone convicted of the crimes of malicious injury to property or of the intent to assault, intimidate, or threaten anyone because of their race, religion, color, sex, age, national origin, sexual orientation, or homelessness.
H.3428 Limiting Exceptions to Impersonating a Law Enforcement Officer Rep. Henderson-Myers
This bill removes the exception for a citizen's arrest from the criminal offense of impersonating a law enforcement officer.
H.3429 Looting as Burglary, First Degree Rep. Hewitt
Under this legislation, the former felony offense of looting would be considered burglary in the first degree from now on, with all penalties being the same as for burglary in the first degree.
H.3430 Luring a Child Rep. Hewitt
Introduces a new criminal offense of luring a child into a motor vehicle, dwelling, or structure, sets up penalties, and lists affirmative defenses to its prosecution.
H.3432 Stand Your Ground Protections for Brandishing a Gun Rep. Kimmons
If enacted, this legislation modifies use of deadly force against another person (Stand Your Ground) to include displaying deadly force.
H.3433 Allowing More Time to Report a Sexual Assault Rep. King
Proposed legislation for spousal sexual battery incidents to allow survivors relief from the 30-day reporting requirement, regardless of their age.
H.3485 Victims' Address Confidentiality Program Rep. Robinson
A proposed Confidentiality Program in the SC Attorney General's office would protect public records with addresses and telephone numbers of domestic violence, sexual offenses, stalking, or human trafficking incident survivors.
H.3487 Sexual Assault Survivors' Bill Of Rights Act Rep. Thigpen
A bill to enact the Sexual Assault Survivors' Bill of Rights Act.
H.3488 Consent in Sexual Assault Cases Rep. Thigpen
Introduces a definition for the term "consent" into our criminal sexual conduct laws. It also sets up a fraud by the bad actor culpability within these statutes.
H.3489 On Premises Citizens Arrests Rep. Thigpen
Legislation proposing limits on the circumstances when a citizen may arrest, including taking the life of the person, to arrests of anyone entering a dwelling house without express or implied permission.
H.3491 Citizen and Taxpayer Protection Act Rep. Burns
The offered Citizen and Taxpayer Protection Act declares that public officers ordering law enforcement not to enforce its provisions to be guilty of misconduct in office. Also prohibits camping on state-owned land that is not designated for camping. Creates an unlawful obstruction of public highways and roads criminal offense. Assault and battery by a mob would raise a presumption of premeditation. Also, any attempt to take a motor vehicle by a mob would be a criminal offense. Instigating, aiding, or participating in a riot, a criminal offense as well, would invoke a mandatory order of restitution upon conviction. Proposes to set up a defense for anyone being confronted by a mob to display a gun in their possession. Would remove any authority for a county, municipality, or political subdivision to regulate gun discharges or brandishment of guns.
H.3571 Legal Simple Possession Rep. Thigpen
A bill to legalize possession of twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish. Law enforcement would issue a civil citation for possession of that quantity, and no custodial arrest would be allowed. It would decrease penalties for first offense possession of less than one gram of methamphetamine or cocaine base. It would also require completion of a drug treatment or rehabilitation program as part of any sentence. As a last feature, it would require courts to place defendants on probation if they are guilty of a first offense possession of certain controlled substances.
H.3572 Date Rape Drugs as Schedule II Narcotics Rep. Thigpen
This proposal would reschedule flunitrazepam and gamma hydroxybutyric acid as Schedule II controlled substances.
DOMESTIC RELATIONS
H.3220 Affidavits In No-Fault Divorces Rep. Collins
If enacted, this legislation would allow corroborating witnesses in certain divorce via sworn affidavits.
H.3271 Name Change Residency Prerequisites Rep. Henderson-Myers
Name change petitions could not be granted until a petitioner has resided in South Carolina for at least six months under this proposal.
DRIVER'S LICENSES
H.3085 Drivers Licenses Suspensions Stayed During Appeal Rep. Rutherford
Any driver's license suspension would be stayed while a motorist's case is being appealed, or when a petition for rehearing has been filed.
H.3087 Limiting Traffic Offense Custodial Arrests Rep. Rutherford
Prohibits custodial arrests when motorists are charged with certain traffic offenses that are charged on uniform traffic tickets.
H.3093 Unlawful Electronic Communication While Driving Rep. W. Cox
Proposes to increase the penalty for unlawful use of wireless electronic communications devices while operating motor vehicles.
H.3097 Driving to Well-Lit Sites For Traffic Stops Rep. Collins
Legislation to allow drivers to proceed at or below the posted speed limit for up to one mile to a reasonable location or to a well-lit location with the vehicle's emergency lights activated prior to a traffic stop. Using these actions could be raised in subsequent trials as mitigating circumstances to any charge of failing to stop when signaled by a law enforcement vehicle.
H.3151 No DUS Offense Custodial Arrests Rep. Rutherford
Drivers could not be placed under custodial arrest when stopped for operating a motor vehicle with a suspended driver's license under the provisions of this bill.
H.3270 Drivers License Applications as Voter Registration, Too Rep. King
Motor vehicle driver's license applications would also be treated as voter registration, under this bill. However, there would also be a procedure for anyone to decline this automatic voter registration.
H.3360 South Carolina Hands-Free Act Rep. Taylor
A proposal to revise and update the South Carolina Hands-Free Act to delete certain terms, define new terms, revise the circumstances when it is unlawful to operate a motor vehicle while using a wireless telecommunications device, and revise the penalty for a violation of this provision. Allocates fines collected. Distracted driving would become a two-point violation. Would direct SCDOT to place highway signage to notify motorists of this Act.
H.3507 Felony Bad Driving Rep. Willis
When drivers' actions are forbidden by law, or negligent, and which then proximately cause great bodily harm to another person, these drivers will have committed a misdemeanor offense under this proposal. If death results, these drivers will have committed a felony. Drivers will have to submit to testing for alcohol or drugs when their actions or negligence causes great bodily injury or death of another person.
DRIVING UNDER THE INFLUENCE
H.3008 DUI and DUAC Ignition Interlock Protocols Rep. Pope
This legislative initiative, among other things, sets up the Interlock Ignition Device Program. It clarifies which drivers are eligible for ignition interlock installations in their motor vehicles, sunsetting any permanent suspension of driving privileges, redemption of habitual traffic offenders, temporary license issuances to no longer include route-restricted license, and requiring ignition interlock devices for first time driving under the influence offenders, including minors violating alcohol zero tolerance laws, seeking to end their license suspensions.
H.3148 DUI/DUAC Evidence Expungement Upon Acquittal Rep. Rutherford
If motorists were acquitted of driving with an unlawful alcohol concentration allegation, under this proposed legislation, all evidence of the drivers' license suspension for refusal to submit to testing for alcohol concentration, any driving record entry that shows a temporary driver's license was issues, or any record of ignition interlock installation would have to be removed from their driving records.
ELECTIONS
H.3187 Agreement Among the States to Elect the President y National Vote Rep. Cobb-Hunter
Seeks to adopt the Agreement Among the States to Elect the President by National Popular Vote and repeal all laws related to presidential electors.
H.3189 Mail-In Elections Rep. Cobb-Hunter
Would allow conducting elections by mail.
H.3197 Increased Election Campaign Contributions Rep. B. Newton
A proposal to increase South Carolina's individual campaign contribution limits to up to $7,000 for statewide candidates, statewide candidates elected jointly, and up to $2,000 for candidates for other than statewide office. Also would increase contribution limits for candidates seeking other than statewide offices from a political party through its party committees or legislative caucus committees. During election cycles, there would be no spending limitation on political parties through their party committees or legislative caucus committees that benefit party candidates. However, these expenditures could not be campaign contributions given to candidates.
H.3199 Eliminating Straight Party Voting Rep. Rose
This bill would repeal any laws allowing straight party ticket voting for general election ballots, straight ticket voting on any type of recorder, and voting for all of the candidates of one party on any voting apparatus.
H.3203 Presidential Election Absentee Voting Rep. Rutherford
Would set presidential preference primary election voting start dates, and also would require the state elections commission to furnish certain lists to the state's certified political parties.
H.3206 Preventing Fusion Voting Rep. Taylor
If passed, this bill would prohibit a candidate from filing more than one statement of intention of candidacy in a single election. Also would prohibit a candidate from being nominated by more than one political party for a single office. If passed, a candidate's name could appear on the ballot only once.
H.3207 30-Day Voting Period Rep. Weeks
This bill establishes a thirty-day period for casting any in-person absentee ballots without being required to assert, state, offer, or provide any excuse, justification, or reason.
H.3261 No Fusion Voting Rep. Fry
This bill seeks to prohibit a candidate from filing more than one statement of intention of candidacy, being nominated by more than one political party, or appearing more than once on a ballot for a single election.
H.3262 Filing Fees for All Candidates Rep. Fry
Proposed legislation to require all candidates from each political party in this state to pay a filing fee.
H.3263 County Officer Election Protests Rep. Fry
Wants to expand the authority of the state executive committees also to hear protests and contests in the case of county officers, and less than county officers.
H.3264 No More Legal Ads for State Conventions Rep. Fry
This bill repeals any requirement that a county committee publish certain notices regarding county conventions in a newspaper.
H.3265 Voluntarily Reporting Party Affiliation Rep. Fry
A bill to require the state election commission to amend the South Carolina voter registration application form by adding appropriately sized check boxes for registrants to voluntarily indicate their political party affiliation. This self-identification of political party affiliation could not be used to restrict primary voting.
H.3266 Earlier Vote Tabulation Dates Rep. Garvin
Would allow the tabulation of absentee ballots to begin at 9:00 a.m. on the calendar day immediately preceding election day.
H.3267 General Election Day as a State Holiday Rep. Garvin
This bill establishes a general election day as a state holiday.
H.3268 Absolute Absentee Ballot Availability Rep. Garvin
An initiative for any qualified elector could vote by absentee ballot without being required to provide an excuse, justification, or reason.
H.3275 Same Day Registration and Voting Rep. King
Seeks a method to allow qualified electors to register and cast a ballot on the same day. It would also allow balloting during a seven-day period preceding any election. To facilitate this poll availability, one or more early voting locations would be activated in each county.
H.3279 Independent Reapportionment Commission Rep. King
A proposed state constitutional amendment referendum for an independent reapportionment commission.
H.3372 Absentee Voting Reforms Rep. B. Newton
A comprehensive proposal for opening up absentee balloting, providing places to absentee vote based on population, registering to vote, limiting candidate filings, paying filing fees, allowing absentee ballot inspections, and designating the state elections commission to hear protests and contests by county officers and less than county officers.
H.3404 Natural Born Citizens Only on Presidential Ballots Rep. Jones
Candidates for president or vice president could not appear on any ballot in South Carolina unless they have conclusively shown they are natural born US citizens under this proposed legislation.
H.3410 Absentee Ballot Witness Information Rep. Long
Proposed legislation to allow examination of the return-addressed envelopes containing absentee ballots beginning at 9:00 a.m. on the calendar day immediately preceding election day. Also would require that the witness signature confirming any absentee ballot applicant's oath contain the witness's South Carolina driver's license number, or voter registration number.
H.3444 Reforming the State Election Commission Rep. Lucas
A bill to reconstitute the state election commission and revise its composition, powers, and duties.
H.3445 No More State Superintendent Elections Rep. LucasA proposal to delete the superintendent of education from the list of state officers who the constitution requires to be elected. The state superintendent of education would instead be appointed by the governor upon the advice and consent of the Senate, for a term coterminous with the governor.
H.3493 Blockchain Vote Verifications Rep. Jones
The proposed South Carolina Blockchain Voting Verification Study Committee would address using blockchain technology so South Carolina voters could verify their votes.
H.3496 Party Registrants Only For Party Primaries Rep. Long
In order to vote in a party primary, this legislation would require that voters be registered members of that party. Anyone registered as an independent and other voters could change their political party affiliation or non-affiliation after an initial selection has been made.
H.3519 No-Reason Absentee Voting Period Rep. Alexander
Any qualified elector could vote by absentee ballot without being required to provide an excuse, justification, or reason. Also sets up a thirty-day period for all voters to cast an in-person absentee ballot.
H.3520 No Candidacy Until State Debts Cleared Rep. Bryant
Prohibits filing a statement of intention of candidacy if the person has an outstanding debt to the State Ethics Commission, the House of Representatives Ethics Committee, or the Senate Ethics Committee.
H.3529 Digital Currency Campaign Contributions Rep. Jones
If enacted, this legislation would allow candidates and committees to accept digital currency as contributions. Increases in the value of this digital currency would have to be reported as interest.
H.3555 Limiting Voters Time in a Voting Booth Rep. Long
A proposed revision to the maximum period of time voters may remain in voting booths from three minutes to five minutes.
H.3533 Election Commission Executive Director Duties and Absentee Voting Periods Rep. Thigpen
Would revise State Election Commission Executive Director duties. Also sets out proposed early voting periods.
H.3534 Special Election Dates Rep. Thigpen
A bill covering county board of voter registration and elections or other authorities responsible for the conduct of the elections. They could, in their discretion, set special elections for a second succeeding Tuesday when the next succeeding Tuesday falls on a day that is widely observed or celebrated in the state, even if it is not officially recognized as a state holiday.
H.3523 No Utility Campaign Contributions Rep. Cobb-Hunter
No General Assembly candidates --incumbent or novice--could solicit or accept campaign contributions from a utility, company, corporation, entity, joint venture, or person who possesses an exclusive right to conduct its business, enterprise, operations, or activities a geographically defined area pursuant to any General Assembly action.
H.3525 South Carolina Election Fraud Law Enforcement Act of 2021 Rep. Hill
The South Carolina Election Fraud Law Enforcement Act of 2021, if enacted, would require County Board of Voter Registration and Elections Directors to report all suspected violations of state election laws to the attorney general and appropriate law enforcement agencies. Among other things, they could also require an authorized returnee of another voter's return-addressed absentee ballot envelope to produce a current and valid form of government-issued photo identification.
H.3521 Ousted Public Officials Must Pay Costs Rep. Cobb-Hunter
Ousted publicly-elected officials could be ordered under this proposed legislation to reimburse the appropriate state or local elections authority for the actual costs of holding the ensuing primary, runoff primary, or special election to fill their seat, if their ouster is related to a criminal conviction.
EMPLOYERS AND EMPLOYEES
H.3045 Re-Employing Felons Study Committee Rep. King
Seeks the creation of a study committee to examine methods to assist convicted felons in reentering the workforce.
H.3334 Ban the Box Act Rep. Rutherford
The Ban the Box Act would prevent any job application from including questions about convictions of crimes, unless these crimes directly relate to any position of employment sought, or the occupation for which any license is sought.
H.3474 No Reporting Convictions on Job Applications Rep. Robinson
Passage of this initiative would delete job application questions related to convictions, unless the crime directly relates to the position of employment sought, or the occupation for which the license is sought.
FEDERAL GOVERNMENT
H.3111 Year-Round Daylight Saving Time Rep. Chumley
If enacted, Eastern Standard Time would be advanced by one hour beginning at 2:00 a.m. on the second Sunday of March, 2021. Thereafter, this time would permanently become Standard Time in South Carolina. Requires the attorney general to submit a waiver request to the Federal Secretary of Transportation in order for this legislation to take effect.
H.3218 Voiding Federal Face Covering Mandates Rep. Chumley
This bill prohibits state officials from participating in the enforcement of any unlawful federal mask mandate.
FLAGS
H.3381 Banning Confederate Flags in Public Buildings Rep. King
Would prohibit the South Carolina Infantry Battle Flag of The Confederate States of America, or any other confederate flag, from being flown or displayed in, or on, any public buildings, excepting museums.
GAMBLING
H.3395 Legalizing Gambling Rep. Rutherford
This joint resolution proposing an amendment to our state constitution would authorize the General Assembly to legalize gambling and gaming activities. These activities would include, but not be limited to, pari-mutuel betting on horseracing, sports betting on professional sports, casino activities, and games of chance with the use of electronic devices or gaming tables. These activities would be subject to strict regulation. Also would allow public office holders or anyone holding offices of honor, trust, or profit to engage in gambling or betting on games of chance without consequence.
GOVERNMENT
H.3035 Juneteenth Holiday Rep. Garvin
Seeks to establish June 19th of each year, known as Juneteenth, as a state legal holiday.
H.3062 Local Government Land Use Approval Notices Rep. Bailey
Expired governmental approvals for the subdivision or development of real property under this proposed Permit Extension Joint Resolution of 2021 would have to be renewed at no cost, but would be subject to all regulations in effect at the time of this renewal.
H.3115 South Carolina Government Efficiency Act Rep. Davis
The South Carolina Government Efficiency Act would create the South Carolina Government Efficiency Task Force. Its mission would be to develop recommendations for improving governmental operations and reducing costs.
H.3127 Official Choral Anthem Rep. King
A proposal to designate Dum Spiro Spero (While I Breathe, I Hope) as the official choral anthem of South Carolina.
H.3135 Monuments Study Committee Rep. Rose
Establishes a Monument Review Study Committee. This group would look into potentially offensive monuments on our State House grounds. They then could recommend ways these monuments could be removed, or altered to be more historically accurate.
H.3145 Repositioning Small and Minority Business Certifications Rep. Atkinson
An effort to transfer the Small and Minority Business Contracting and Certification in the Department of Administration to the Commission for Minority Affairs.
H.3198 Local Government Efficiency Act Rep. Pendarvis
If enacted, the Local Government Efficiency Act would authorize city councils to annex an area by ordinance if the area does not exceed twenty-five acres, and is completely surrounded by the municipality.
H.3200 Monitoring Local Government Lobbying Rep. Rose
If enacted, this legislation would apply the definitions of "covered agency action," "legislation," "lobbying," "lobbyist," "public body," "public employee," and "public official" to certain local governmental actions or legislative activities. It would include, among other things, any local ordinance proposed, drafted, developed, considered, or promulgated by a county or municipal governing body, board, commission, or council. Similarly, it would apply to anyone employed, appointed, or retained with or without compensation, by another person to influence certain official actions through direct communication with local public officials or public employees. It would also include action of any member of a county or municipal governing body; the vote of any public official or public member of any county or municipal agency, board, commission, or council; or the official action or vote of any county or municipal chief executive official or employee. It would also include mayors and county or municipal administrators or managers. Furthermore, local governmental agencies or departments would also be subject to reporting requirements. Would extend these requirements to entities that rank or rate actions, votes, or failures to act or vote of a member or committee of the governing body of any county or municipality.
H.3205 Constitutional Convention of the States Rep. Taylor
Seeks approval for making an application to the US Congress to call a convention for proposing amendments pursuant to the US Constitution, Article V. The scope of this convention would be limited to proposing amendments that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.
H.3249 Expanding the Scope of the Heritage Act Rep. Taylor
This bill expands the type of monuments that may not be relocated, removed, or disturbed. Violators of these increased restrictions could lose their local government fund distribution. Local governing body members voting in favor of any action that violates this section would be deemed guilty of misconduct in office.
H.3254 Office of Freedom of Information Act Review Rep. Taylor
A renewed effort to create an Office of Freedom of Information Act Review within our Administrative Law Court. It would exempt data from video or audio recordings made by law enforcement vehicle-mounted recording devices or dashboard cameras.
H.3256 Public Official Recall or Removal from Office Rep. Bennett
A proposed state constitutional amendment referendum to provide procedures for recalling and removing from public office persons holding elected state offices or its political subdivisions.
H.3257 Legislator Term Limits Rep. Blackwell
A proposed state constitutional amendment referendum that beginning with those House and Senate members elected at the 2024 general election, or who take office after that date, would be able to serve only five consecutive terms in the House and three consecutive terms in the Senate.
H.3258 Equal Rights Amendment Ratification Rep. Cobb-Hunter
Seeks to ratify a proposed amendment to the United States Constitution that equality of rights under the law must not be denied or abridged on account of sex.
H.3259 General Assembly Term Limits Rep. B.Cox
Would limit General Assembly service to six terms in the House and four terms in the Senate.
H.3260 General Assembly Term Limits Rep. B.Cox
A proposed state constitutional amendment referendum to authorize the General Assembly to enact term limitations for its members.
H.3302 Coroner Residency Requirements Rep. Rutherford
Would require any candidate for coroner to be a resident of that county for one year prior to filing.
H.3309 Limiting Naming of Public Property Rep. Huggins
If passed, this legislation would restrict naming public property purchased or constructed with state funds, owned by the state, or otherwise on the publicly-owned property rolls. Its 'grandfather clause' covers all public property named after an elected or appointed official, commissioner, director, or judge as of July 1, 2021 to retain that name. Finally, any living persons after whom public property is named who is subsequently convicted of, or pled guilty to a felony or crime of moral turpitude will have their name removed.
H.3310 Political Signs on HOA Properties Rep. King
Homeowners or tenants could display a political sign within a certain time frame on property under HOA authority under this proposal. It also allows homeowners associations to establish certain rules for political signs.
H.3326 Monument and Memorial Inscription Review Rep. Long
If enacted, this bill would require inscriptions and depictions on historical monuments and memorials on property owned by political subdivisions of the state or school districts to be subject to review and approval by the SC Department of Archives and Natural History.
H.3350 No Heritage Act Restrictions for Local Governments Rep. Garvin
If passed, the alteration, relocation, or removal of certain monuments or memorials erected on public property, or the renaming or rededication of structures, streets, parks, or other public areas, under the jurisdiction and control of state political subdivisions, including school districts, and public institutions of higher learning would be exempt from the Heritage Act.
H.3351 Heritage Act Repeal Rep. Garvin
This bill would repeal the Heritage Act and existing laws relating to the prohibition on the relocation, removal, or renaming of certain monuments and memorials erected on public property.
H.3358 Local Government Memorial Alterations and Massive Penalty Rep. Jones
Passage of this legislation would prohibit local governments from removing any monument or memorial of a historical figure, as well as the name of any historical figure for which a structure is named. Local governments, and their members, who vote for any name removal would be guilty of a misdemeanor and must be fined $25 million.
H.3359 Removing the Ben Tillman Statue Rep. Rose
A proposed Joint Resolution directing the SC Office of General Services in the Department of Administration to remove the statue of Benjamin Ryan Tillman.
H.3402 Making Legislative Caucuses Subject To SC FOIA Requirements Rep. Hill
A bill to add legislative caucuses to the definition of "public body" and become subject to the provisions of the SC Freedom of Information Act. It would also remove the existing Act exemptions for members of the general assembly and their immediate staff.
H.3403 No More State or Local Government Mandated Business Closures Rep. Jones
If enacted, this legislation would prohibit state and local governments from ordering the closure of any business.
H.3405 No More State or Local Government Beach Closures Rep. Jones
State, or local government, ordered closure of public beaches and public beach access points would be prohibited under this pending legislation.
H.3451 Black Lives Matter Phone Greetings Rep. Hart
A proposed joint resolution to require all employees of our state treasurer to say "Black Lives Matter" when answering their office phones during business hours.
H.3486 Virtual General Assembly Sessions Rep. Taylor
This joint resolution proposing an amendment to our state constitution to allow that, in the event the casualties of war, social unrest, contagious disease, epidemic, pandemic, natural disaster, or act of god makes it unsafe to the health and well-being of General Assembly members to meet in Columbia, they could use remote and virtual technology instead.
H.3490 Mandatory Face Coverings Wearing Rep. Brawley
A proposed joint resolution to require anyone more than 5 years old to wear face coverings when in public.
H.3498 Allowing Public Monies to Go to Religious and Private Entities Rep. Taylor
This joint resolution proposing an amendment to our state constitution would repeal the prohibition against the state, or its political subdivisions, from providing direct aid to religious or other private educational institutions.
GOVERNOR
H.3387 Limiting Gubernatorial Emergency Declarations Rep. Magnuson
Our governor could not declare a new state of emergency in order to extend a prior declaration. The governor also could not declare a new state of emergency for the same underlying disaster under this bill.
H.3443 Limiting Gubernatorial Emergency Powers Rep. Lucas
Legislation that proposes, after the elapse of at least 30 days after an emergency declaration by our governor, the Senate President and the House Speaker these respective bodies to review it. After this review, the General Assembly, by a concurrent resolution, could terminate, alter, amend, or consent to the terms of any declaration of emergency in this session. Absent General Assembly action, the terms of the declaration would continue until the General Assembly acts. Prohibits a governor from declaring successive states of emergency that have the effect of reinstating, continuing, altering, or amending any original emergency declaration of emergency without a substantial change of circumstance.
H.3556 Limiting Gubernatorial Emergency Powers Rep. Taylor
Any gubernatorial-declared state of emergency based on public health emergencies could not extend beyond thirty days without the passage of a joint resolution by the General Assembly approving it. Additionally after expiration of a governor's original emergency declaration, no new state of emergency based upon the same or substantially similar facts and circumstances as the original declaration could be done without General Assembly review and action.
H.3536 SC EMD Emergency Shelter Standards Rep. S. Williams
The South Carolina Emergency Management Division would be tasked with ensuring all emergency shelters opened during declared emergencies or evacuations are staffed, equipped, and supplied if this legislation is enacted.
H.3526 Limiting Gubernatorial Emergency Powers Rep. Hill
Seeks to transfer gubernatorial and some state agency emergency authority to the General Assembly. Gubernatorial proclamations to disperse could not be used in any manner that violates, abridges, or infringes upon a person's right to exercise free speech.
H.3528 South Carolina Defend the Guard Act Rep. Jones
The South Carolina Defend the Guard Act would require the governor to conduct a legal review of all existing and future orders that call, transfer, or place the South Carolina National Guard on federal active duty or under federal control. The governor, notwithstanding any other provision of law, could withhold, withdraw, or revoke, or cause to be withheld, withdrawn, or revoked all state orders, approvals, or authorizations relating to the call, transfer, or placement of the South Carolina National Guard on federal active duty or under federal control under certain circumstances. Also would require the governor to submit a report summarizing his findings and actions to the General Assembly within thirty days after the completion of his review.
GRAND JURY
H.3304 No Hearsay at Grand Jury Hearings Rep. Weeks
A bill to prohibit the use of third party summary or hearsay evidence as the sole evidence presented to any county grand jury for indictment. Also requires the presentment to the county grand jury of documented material evidence instead.
H.3305 Grand Jury Hearing Transcripts Rep. Weeks
Legislation that would require a record of testimony and other proceedings before a county grand jury. A copy would have to be furnished to defendants. Any transcript, reporter's notes, record, and all other documents would be filed with the county clerk of court.
GUNS
H.3009 Concealed Weapon Permit Violations Rep. G. R. Smith
Penalties would be converted to civil fines for CWP holders who violate laws that prohibit carrying a weapon in certain places under this proposal.
H.3012 Second Amendment Protection Act Rep. White
The Second Amendment Protection Act would exclude any personal firearm, firearm accessory, or ammunition within the borders of this state from any federal law, regulation, or authority. It furthermore prevents any federal agent or contracted employee, any state employee, or any local authority from enforcing any federal regulation or law governing any of these items, as long as they remain within our state from arresting or detaining anyone allegedly violating this law. Our attorney general would be empowered to seek injunctive relief in court against these federal officials from enforcing any federal law related to this issue.
H.3039 South Carolina Constitutional Carry Act Rep. Hill
The South Carolina Constitutional Carry Act of 2021 among other things, seeks to abandon concealable weapon requirements to instead refer to carrying a "firearm" as a constitutional right. Expands the type of instances when anyone not prohibited from possessing firearms under state law may carry a handgun. Also allows gun owners to carry a weapon secured in a motor vehicle and other places that previously required the carrier to have a CWP. The term "reciprocal state" would be replaced with the term "another state." A property owner's right to allow a holder of a concealed weapons permit to carry a weapon onto his property would apply to both persons who possess and do not possess concealable weapons permits.
H.3042 Second Amendment Preservation Act Rep. Jones
The Second Amendment Preservation Act proposes that no public funds, personnel, or property shall be allocated for the implementation, regulation, or enforcement of any executive order, or directive issued by the US President or an Act by the US Congress that becomes effective after January 1, 2021, that regulates the ownership, use, or possession of firearms, ammunition, or firearm accessories.
H.3060 Nonresident Concealed Weapon Permits Rep. White
As long as nonresidents meet the requirements of their home state for carrying a gun, this state will recognize their right to do so here as well, under this bill.
H.3094 Open Carry With Training Act Rep. B. Cox
Would enact the Open Carry with Training Act. Concealed Weapon Permit holders could openly carry a concealable weapon on them, or in their motor vehicle.
H.3096 South Carolina Constitutional Carry Act of 2021 Rep. B. Cox
The South Carolina Constitutional Carry Act Of 2021 proposes abandoning some concealed weapon permit laws and CWP regulations in favor of a citizen's constitutional right to carry a firearm, but subject to restrictions of where this carrying can be done.
H.3119 Personal Firearms and Accessories Protections Rep. Gilliam
Seeks to prevent knowingly or wilfully participating in the enforcement of any unconstitutional law regarding personal firearms, firearm accessories, or ammunition.
H.3418 Gun and Ammunition Possession by Convicted Persons Rep. Bryant
This legislation would expand the offense unlawful possession of a firearm or ammunition by a person convicted of a violent crime. It seeks to include anyone convicted of a crime punishable by imprisonment of more than one year. It also contains increased, graduated penalties for violations.
H.3421 Instant Background Check for Gun Purchases Rep. Cobb-Hunter
National instant criminal background check would have to be completed prior to delivery of a firearm to a purchaser or transferee under this proposal.
H.3422 Instant Background Checks for Any Gun Transfers Rep. Cobb-Hunter
National instant criminal background checks would have to be completed prior to delivery of a firearm to a purchaser or transferee at gun shows. Any records generated would be public records under the SC Freedom of Information Act.
H.3499 Assault Weapons and Magazines Ban Rep. Brawley
This legislation is an effort to define the terms "assault weapon" and "high-capacity magazines" and apply them within existing laws covering the unlawful transportation, storing, keeping, possessing, sale, rental, or giving away machine guns, military firearms, sawed-off shotguns or rifles.
H.3503 Concealed Weapons at College Athletic Events Rep. Long
A bill to delete any restrictions placed on a concealed weapon permit holders from carrying guns on post-secondary school property and into college athletic events.
H.3504 South Carolina Concealed Weapon Permit [CWP] Statistics Improvement Act Of 2021
Rep. B. Newton
The South Carolina Concealed Weapon Permit [CWP] Statistics Improvement Act of 2021 would revise the contents of the annual State Law Enforcement Division [SLED] report containing more detailed information regarding issuance, renewal, suspensions, and revocations of permits.
H.3506 No Weapon Manufacturer or Retailer Targeting Rep. Taylor
A proposal to make it unlawful for any financial institution or governmental entity to discriminate against certain manufacturers and retailers of firearms, firearm accessories, or ammunition.
H.3570 Law Enforcement Gun and Ammunition Seizures Rep. Thigpen
This legislation would empower law enforcement officers to seize firearms and ammunition if anyone poses a risk of imminent personal injury or injury to others individuals. Contains proposed
criteria for applications seeking a warrant. Probate courts would have to hold a hearing within seven days of executing this warrant to determine whether the firearms and ammunition may be returned to the person.
H.3551 Gun Regulations Applicable To Knives Rep. White
This legislation would extend ownership, transfer, or possession of firearms or ammunition and public use and confiscation of firearms or ammunition regulations and to knives.
HATE CRIMES
H.3043 Hate Crimes Database Rep. King
A bill to require the State Law Enforcement Division (SLED) to establish a hate crimes database and promulgate regulations deemed necessary to carry out this requirement.
H.3283 Hate Crimes Rep. King
This bill revises the penalties for malicious injury to real property offenses for persons who maliciously injure personal or real property of another person with the intent to assault, intimidate, or threaten a survivor of such an event.
H.3420 Hate Crimes Punishment and Civil Liability Rep. Carter
This proposal would provide additional penalties for lawbreakers committing listed crimes where the incident survivors were intentionally selected based on their race, color, creed, religion, gender, age, national origin, ancestry, sexual orientation, physical disability, or mental disability. These survivors could bring a civil action for damages sustained.
HEALTH CARE
H.3171 Cure Act Cash Awards Rep. Pope
If enacted, the Cure Act would enter South Carolina into a multistate compact governed by a commission. The commission would facilitate a process for delivering substantial cash awards to researchers finding cures for targeted diseases.
H.3180 Vulnerable Adult Maltreatment Registry Act Rep. G.R. Smith
Proposes the Vulnerable Adult Maltreatment Registry Act. Our South Carolina Law Enforcement Division, the South Carolina Department of Social Services, and the South Carolina Department of Health and Environmental Control would determine whether certain reports of vulnerable adult abuse, neglect, or exploitation are indicated. They would also determine whether there is a known perpetrator of the any maltreatment. It also contains a right of administrative appeal and judicial review.
H.3567 Qualified Residential Treatment Programs Rep. Bernstein
After adding a definition of a "qualified residential treatment program" and other terms, this proposal would require assessment, case planning, and judicial review for children placed in qualified residential treatment programs.
HOUSING
H.3238 No Public Housing Discrimination Rep. Garvin
Proposes prohibitions against housing, education, public accommodations, and employers to discriminate against anyone on the basis of race, color, or national origin, including discriminating against certain facial features, hair textures, hair types, and hairstyles associated with race.
INDIGENT DEFENSE AND SOLICITORS
H.3121 Annual Meeting by Commission of Indigent Defense with the Prosecution Coordination Commission Rep. J. E. Johnson
Would require our Commission on Indigent Defense to meet at least annually with the Commission on Prosecution Coordination. Also would add additional reporting requirements for diversion programs.
H.3122 Eliminating Blank Form Requirements by the Prosecution Coordination Commission
Rep. J.E. Johnson
A bill that removes the duty of our Commission on Prosecution Coordination to provide blank indictments for our Circuit Solicitors. Also would specify how long primary and backup court recording tapes of proceedings must be retained.
H.3123 Prosecution and Indigent Defense Enforcement Rep. J. E. Johnson
Legislation that would give our Commission on Prosecution Coordination and Commission on Indigent Defense procedures for enforcing regulations they are authorized to promulgate.
H.3124 Eliminating County Office Examination Rep. J. E. Johnson
Seeks repeal of the requirement for the attorney general or solicitors to examine county officials' offices.
H.3125 Regulating Circuit Solicitors Rep. J. E. Johnson
A bill to direct our Commission on Prosecution Coordination to promulgate regulations applicable to circuit solicitor office finances. Limits appointed counsel and public defenders from collecting additional fees or expenses without prior court approval. Repeal laws requiring vouchers for payment for services by private appointed counsel.
H.3297 Ending Prosecutorial Immunity Rep. Rutherford
The tort claims act would no longer provide prosecutorial immunity for institution or prosecution of any judicial or administrative proceeding if this legislation is enacted.
INMATES
H.3010 Sentence Credit for GPS Monitoring Rep. Weeks
This bill would give inmates credit against any sentence for time spent under global positioning system (GPS) monitoring.
H.3034 Former Inmate Voting Rights Restoration Rep. Garvin
Under this legislation, our SC Department of Corrections would have to provide inmates written information about restoring their voting rights once released from Department custody.
H.3048 Felon Voting Eligibility Rep. King
This legislation would require our Department of Corrections and Department of Probation, Parole, and Pardons to inform convicted felons and election law breakers, who have successfully completed their sentences, how they can become eligible to register to vote.
H.3139 SC Department Of Corrections Conditional Releases Rep. Rutherford
Empowers the SC Department of Corrections director, if enacted, to conditionally release an inmate who is serving a sentence for the unlawful possession, manufacture, sale, or distribution of a controlled substance, to enroll in a chemical dependency treatment program, after signing a contract.
H.3140 Inmate-Attorney Access Rep. Rutherford
Inmates confined to a state, county, or municipal detention facilities would be guaranteed in-person access to their lawyers when reasonably requested.
H.3141 Parole Board Hearing Witnesses Rep. Rutherford
Parole applicants being considered for parole, or their lawyer, would have a right to confront any witness that appears before the board during any hearing. All testimony presented at a parole hearing would have to be taken under oatH.
H.3142 Retroactive Expungements Rep. Rutherford
A bill that allows retroactive application of existing expungement law, to provide an exception for anyone pardoned for certain violent crimes who would be allowed to request this expungement as part of their pardon. Also seeks a procedure for criminal records to be expunged and a nonpublic record maintained.
H.3149 Fairer Restitution Practices Rep. Rutherford
Would require, if passed, the Department of Probation, Parole, and Pardon Services to consider any offender's ability to make restitution when it determines monthly restitution payment amounts.
H.3153 Inmate Electronic Communications Rep. Rutherford
Inmates could not be denied visitation rights and could use electronic communication devices to communicate with visitors in this bill.
H.3157 Hunting Guns For Pardoned Convicted Felons Rep. Rutherford
If enacted, a limited pardon could be granted to convicted felons not considered having committed a "crime of violence" to allow them to possess a firearm for hunting.
H.3566 Wrongful Conviction Compensation Fund Rep. Thigpen
An effort to provide anyone wrongfully convicted and imprisoned for a crime to recover the monetary value of their loss sustained from it.
INTERNET
H.3016 South Carolina Data Privacy Act Rep. G.R. Smith
The South Carolina Data Privacy Act would require a search warrant to be issued before certain electronic data could be seized by a law enforcement agency. The data owner would have to be notified, unless compelling reasons exist to delay notice, or the use of any information obtained in violation would not be allowed.
H.3450 Ending Social Media Censorship Rep. Burns
This legislative initiative seeks to stop certain social media censorship, sets out penalties, and includes exceptions.
H.3494 Open Digital Expressions of Opinion Rep. Jones
Seeks to establish exemptions from criminal liability for making otherwise legal digital expressions.
JUDGES AND JUSTICES
H.3284 Gubernatorial Judicial Appointments Rep. Magnuson
A proposed state constitutional amendment referendum for supreme court justices, judges on the court of appeals, and circuit court judges to be appointed by the governor with the advice and consent of the senate, and disbanding the judicial merit screening commission.
H.3442 State Justice and Judge Elections Rep. G.M. Smith
A bill designating Noon, Wednesday, February 3, 2021, as the time to elect state judges.
H.3446 Increasing the Number of Supreme Court Associate Justices Rep. Lucas
A proposed joint resolution to increase the number of associate supreme court Justices from four to six. It includes conforming adjustments regarding the number of justices necessary to constitute a quorum or to reverse a judgment of a lower court.
H.3447 Increasing the Number of Supreme Court Justices Rep. Lucas
A proposed joint resolution to increase the number of supreme court justices from five to seven, upon ratification of a constitutional amendment to do so.
H.3448 Increasing the Number of Qualified and Nominated Judicial Candidates Rep. Lucas
If enacted, our Judicial Merit Selection Commission would release a list of all qualified candidates, instead of only up to three, to the General Assembly.
H.3484 No Nepotism in Judicial Elections Rep. Blackwell
Legislation to extend the prohibition against General Assembly members running for judicial office, to their family members. Also defines "family member."
LANDLORDS AND TENANTS
H.3373 South Carolina Housing Court Rep. Pendarvis
South Carolina Housing Court would be a housing court within existing county magistrates courts under this pending legislation. Also extends to a tenant the right to a lawyer and makes conforming changes to the Residential Landlord and Tenant Act.
LAW ENFORCEMENT
H.3021 Illegally Making a Citizen's Arrest Rep. Gilliard
Repeals, if enacted, any provisions allowing citizens' arrests of unlicensed hawkers or peddlers. It would also repeal an exemption from prosecution for impersonating a law enforcement officer for making a citizens' arrest.
H.3030 Coroner Qualifications Rep. Hyde
Would add to county coroner qualifications a forensic science degree or training approved by the Coroners Training Advisory Committee.
H.3038 Ketamine Injection Ban Rep. Govan
Would make it unlawful for a law enforcement officer or paramedic to inject ketamine into criminal suspects to try to incapacitate them.
H.3046 Law Enforcement Officer Diversity Training Rep. King
Would require law enforcement education credit requirements to include diversity training.
H.3047 Law Enforcement Officer Mental Health Testing Rep. King
All law enforcement officers would have to undergo mental health evaluations before being certified or recertified.
H.3049 Law Enforcement Integrity Act Rep. McKnight
The Law Enforcement Integrity Act among other things, would require all law enforcement agencies to equip their officers with body-worn cameras. Sets out requirements for activating them or dash cameras. Also specifies the retention and release of body-worn camera recordings. The State Law Enforcement Division would issue an annual report with use-of-force data in it. Law enforcement agencies may not use certain types of responses to a protest or demonstration. Sets out penalties for unlawful conduct by a law enforcement officer. Absence of dash or body camera videos creates a noncriminal inference of law enforcement misconduct that cannot be used in criminal prosecutions. Law enforcement officers would have to prevent or stop other law enforcement officers from using physical force. Requires law enforcement officers to provide business cards to detainees.
H.3050 Noncertified Law Enforcement Officer Chaperones Rep. D. C. Moss
This bill limits noncertified law enforcement officers from performing any law enforcement duties unless they are accompanied by a certified law enforcement officer.
H.3061 Automatic CWP with Retired Law Enforcement Credentials Rep. Yow
Our State Law Enforcement Division would provide, at no charge, concealed weapon permits to holders of retired law enforcement officer credentials.
H.3066 Fargo's And Hyco's Law Rep. Collins
"Fargo's and Hyco's Law" seeks to increase the penalties for wilfully or maliciously torturing, mutilating, injuring, disabling, poisoning, or killing a police dog or horse.
H.3089 Warrant Executions Training Rep. Rutherford
Seeks to establish a course to train law enforcement officers on executing warrants. Also spells out the minimum standards for certification and recertification of law enforcement officers to be eligible to conduct the execution of warrants. Specifies procedures for officers to execute these warrants.
H.3092 New Department of Law Enforcement and Public Safety Rep. Pope
This bill establishes a Department of Law Enforcement and Public Safety and its Director. Disbands the existing SC Department of Public Safety. Sets out a list of responsibilities for, and jurisdiction of, this new entity.
H.3138 No Law Enforcement Cellular Simulators Rep. Rutherford
This bill prevents law enforcement agencies from purchasing cell-site simulator technology or devices. All law enforcement agencies currently possessing, or using, cell-site simulator technology would have to discard them.
H.3152 Banning Chokeholds and Strangleholds Rep. Rutherford
A bill to prohibit law enforcement officers from using excessive restraint, which includes, but is not limited to, the use of chokeholds and strangleholds when detaining a person. Similarly, these officers cannot use unreasonable force while making an arrest and can be penalized for using force that results, or could have resulted, in severe bodily injury or death.
H.3170 Retired Law Enforcement Officer Credentials Rep. Pope
If passed, when identification cards are given to qualified retired law enforcement officers, then they may carry a concealed weapon most everywhere. Opportunities for firearm carrying training would have to be offered to these cardholders.
H.3370 Community-Law Enforcement Partnership for Deflection and Substance Use Disorder Treatment Act Rep. Weeks
The Community-Law Enforcement Partnership for Deflection and Substance Use Disorder Treatment Act would authorize law enforcement agencies to establish deflection programs, in partnership with treatment facilities and community organizations. These proposed programs would facilitate substance use disorder treatment for criminal offenders. In place of arrest and additional justice system involvement these deflection programs would instead be utilized.
H.3409 Police Brutality Citizens Review Committees Rep. King
This bill creates a Police Brutality Citizens Review Committee in every county. These committees would investigate instances of alleged police brutality and have to publish reports.
H.3565 Law Enforcement Officers Helping Alleviate Lawful Obstruction (HALO) Act Rep. Thigpen
The Law Enforcement Officers Helping Alleviate Lawful Obstruction - Halo Act would require bystanders to remain at least twelve feet away from a law enforcement officers apprehending, arresting, searching, or consulting with any individual when bystanders are recording the actions of the officer.
H.3563 Preserving Law Enforcement Body Camera Videos Rep. Thigpen
Data from a body-worn camera would have to be preserved, and efforts to alter it in any way with the intent to alter or influence a criminal action, criminal investigation, internal police investigation, civil action, or potential civil action if notice is provided by the adverse party, or if litigation is reasonably anticipated, would give rise to criminal charges. Agencies would have to set up procedures for the activation of this recording equipment. Also, data recorded by a body-worn camera would be deemed a public record subject to disclosure under the Freedom of Information Act if this bill becomes law.
H.3562 Use of Force and Traffic Stop Statistics Rep. Thigpen
Our State Law Enforcement Division (SLED) would have to establish use of force and traffic stop databases under this proposed legislation.
LAWYERS
H.3159 No Attorney-Accused Conversation Monitoring Rep. Rutherford
If enacted, state, county, or municipal detention facility could not intercept, record, monitor, or divulge any communication between inmates and their attorneys.
SCHOOLS
H.3069 Forensic School District Audits Rep. Murphy
Would authorize our state inspector general to conduct financial and forensic audits of school districts. Sets out a penalty for any employee who refuses to cooperate with any audit.
H.3477 Save Women's Sports Act Rep. Trantham
The Save Women's Sports Act would try to ensure continued inclusivity of females in the school sports arena. It would do so through requiring public and private middle school-level and high school-level female sports teams and sports to be designated based on biological sex, which is determined at birth.
SHERIFFS
H.3276 Replacing Interim Sheriff with Sheriff-Elect Rep. Gilliam
If enacted, this legislation would cover a gubernatorial appointment of an interim sheriff who then runs unsuccessfully for that office in the ensuing primary, primary runoff, special election, or general election. After the interim's unsuccessful campaign, the governor may, with the advice and consent of that county's legislative delegation, declare the office vacant, remove the interim appointee from office, and appoint the sheriff-elect to fill the remainder of any unexpired term.
H.3531 Nonpartisan Sheriff Elections Rep. Thigpen
Proposes a procedure for sheriffs to be elected in nonpartisan elections.
H.3003 Liquid Petroleum Gas Dealer and Reseller Delivery Tickets Rep. Brawley
This bill would provide that, when delivering liquid petroleum gas to a residential or commercial customer, a liquid petroleum gas dealer or reseller must provide a delivery ticket to the customer. This delivery ticket must be serially numbered and contain certain identifying information and information on unit price, quantity, and certain other details of the delivery. These requirements do not apply to deliveries made to the customer by means of a pipeline and deliveries of fewer than twenty pounds of liquid petroleum gas.
H.3014 South Carolina Cellular Data Privacy Protection Rep. Rutherford
This bill would establish provisions that prohibit a mobile telecommunications provider from selling a customer's personal data to a third party. The legislation imposes a penalty and authorizes the attorney general to investigate and enforce alleged violations.
H.3033 Private Investigator Conflicts of Interest Rep. Rutherford
This bill would prohibit a private investigation business from disclosing certain information and knowingly representing multiple parties with opposing interests in civil or criminal matters. Penalties are established for violations.
H.3063 South Carolina Biometric Data Privacy Rep. Bryant
This bill would establish requirements for a business that collects a consumer's biometric information. The legislation allows the consumer to request that a business delete the collected biometric information and prohibit the sale of biometric information. Standards of care are established for a business that collects biometric information. The legislation provides a procedure for a consumer to opt out of the sale of biometric information and prohibits a business from discriminating against a consumer who opts out of the sale of their biometric information. Penalties are established for violations.
H.3068 Homeowners Association Expenditures Rep. McDaniel
This bill would establish financial disclosure requirements and imposes limitations on certain expenditures by homeowners associations. The legislation prohibits a homeowners association from paying utility bills on behalf of the homeowner. The legislation revises notice requirements for a homeowners association's budget, so as to require a homeowners association to provide notice to homeowners before it may take action to spend funds not provided for in the budget and to require a quorum of homeowners to be present at the meeting to approve the expenditure.
H.3072 Tenant's Right to Counsel in Eviction Proceedings Rep. Pendarvis
This bill would provide that a tenant is entitled to legal counsel in an eviction proceeding rising from the termination or alleged noncompliance with a rental agreement with the landlord. The legislation authorizes the court to appoint counsel to defend a tenant if it determines the tenant is financially unable to retain adequate legal counsel.
H.3073 Requirement for Tenants and Landlords to Engage in Mediation Over Eviction Actions
Rep. Pendarvis
This bill provides that, after an eviction action is instituted by the landlord, the tenant and landlord are required to engage in a mediation conference or other form of alternative dispute resolution within thirty days. The court may not schedule a hearing until an affidavit is filed by both parties stating the date of the mediation conference and attesting that the mediation conference was unsuccessful under penalty of perjury.
H.3074 Setting Aside Eviction Orders Rep. Pendarvis
This bill establishes circumstances under which a tenant may apply to have an eviction order set aside and the court records sealed.
H.3078 Freedom of Employment Contract Act Rep. Cobb-Hunter
This bill would repeal South Carolina's Right to Work laws governing employee participation in labor unions. The bill is to be known as the Freedom of Employment Contract Act.
H.3083 Public Safety Communications Centers Rep. Calhoon
This bill designates certain law enforcement and public safety providers as being first responders and makes revisions regarding public safety communications centers.
H.3117 Governor's Nuclear Advisory Council Rep. Davis
This bill provides for the Nuclear Advisory Council within the Department of Administration to be renamed the Governor's Nuclear Advisory Council.
H.3118 Opting Out of Receiving Commercial Circulars or Handbills Rep. Forrest
This bill establishes a procedure that allows an individual to opt out of receiving commercial circulars or handbills that are distributed on his private property. Under the legislation, those who distribute commercial circulars or handbills to an individual who has provided notification of his desire to opt out are in violation of certain littering provisions.
H.3131 Abandoned Buildings Revitalization Act Extension Rep. Pendarvis
This bill eliminates provisions for the automatic repeal of the South Carolina Abandoned Buildings Revitalization Act.
H.3132 Evictions Rep. Pendarvis
This bill would make provisions for grants for landlord-tenant focused community courts. The legislation provides for the Executive Director of the South Carolina Housing Authority to award grants to local governments and nonprofit organizations to collect certain data. The director is required to maintain a certain database. The legislation establishes the Committee on Eviction Research as an advisory committee. The legislation requires the director to set up a grant program for local governments to establish certain crisis assistance programs. The legislation requires the Comptroller General to conduct certain eviction studies and send reports. The legislation specifies that these new provisions do not deny landlords certain rights.
H.3146 Growing Rural Economies with Access to Technology (Great) Program Rep. White
This bill creates the Growing Rural Economies with Access to Technology (GREAT) Program, to facilitate the deployment of broadband to unserved areas of the state. The legislation creates the Growing Rural Economies with Access to Technology Fund and establishes program requirements governing project area eligibility, applications, application priorities, matching funds, and reporting.
H.3150 Cell-Site Simulator Technology Purchased by Law Enforcement Rep. Rutherford
This bill prohibits a law enforcement agency from purchasing cell-site simulator technology, which is designed to intercept cell phone signals and capture text messages, emails, and other data, from a company that requires the purchaser of the equipment to enter into a nondisclosure agreement.
H.3167 Limitations on Child Support Enforcement through License Revocation Rep. King
This bill revises provisions relating to child support enforcement through license revocation, so as to change the definition of "license" to exclude drivers' licenses, commercial hunting, fishing, and trapping licenses, and business, occupational, and professional licenses.
H.3177 Location of Tattoo Facilities Rep. Rutherford
This bill revises restrictions on locations of tattoo facilities, so as to allow the issuance of a license for such a facility if all churches, schools, and playgrounds within the parameters (one thousand feet) affirmatively state that they do not object to the issuance, with exceptions.
H.3181 Members of the South Carolina Commission On Disabilities and Special Needs Rep. Taylor
This bill establishes qualifications for members of the South Carolina Commission on Disabilities and Special Needs and requires commission members to complete certain training on their powers, duties, and responsibilities.
H.3185 Notice Requirement Prior to Cremation Rep. Burns
This bill would make revisions to the Safe Cremation Act's cremation authorizations and procedures, so as to provide a notice requirement to various parties prior to cremation.
H.3186 South Carolina Call Center Jobs Rep. Cobb-Hunter
This bill establishes protections for employees of call centers whose employer relocates or intends to relocate to a foreign country. The legislation makes provisions for notice and other requirements regarding to these employers. The legislation provides for civil penalties and other sanctions for violations.
H.3191 Multifamily Dwelling Safety Act Rep. Davis
This bill enacts the Multifamily Dwelling Safety Act to require the Department of Labor, Licensing and Regulation to adopt a multifamily dwelling balcony code establishing minimum standards for balcony railings that are primarily constructed of wood and are located in multifamily dwellings. The department is required to conduct inspections periodically of such balconies to ascertain compliance with the code. Remedies are provided for violations.
H.3192 Classification of Covid-19 as an Occupational Disease Rep. Fry
This bill what establish a presumption that a first responder, health care provider, or correctional officer contracting COVID-19 is entitled to workers' compensation benefits as an occupational disease. The legislation provides temporary total disability benefits for first responders, health care providers, and correctional officers required to isolate due to COVID-19 if certain conditions are met.
H.3195 Municipalities Providing Water Services to Customers Residing Outside Corporate Boundaries Rep. McGinnis
This bill provides that, unless certain conditions are met, a municipality may not charge customers who reside outside the corporate boundaries higher rates for water services than it charges municipal residents. The legislation revises provisions relating to the election and terms of commissioners of public works in municipalities, so as to require representation on the commission based on its service to unincorporated areas.
H.3196 Local Government-Owned Communications Service Providers Rep. McKnight
This bill revises provisions relating to government-owned communications service providers' duties and restrictions, cost and rate computations, and accounting requirements, so as to authorize local agencies to participate in telecommunications ventures in order to provide broadband services to unserved areas within the agencies' geographical or territorial boundaries. The legislation revises provisions for local government-owned communications service providers so as to prohibit certain practices by local agencies providing communications services, including broadband services, and to provide exceptions. The legislation repeals certain provisions relating to petitions to designate unserved areas and exemptions for government-owned communications service providers receiving funding for comprehensive community infrastructure projects.
H.3204 Wind Energy Facility Siting Rep. G. M. Smith
This bill revises definitions applicable to the Utility Facility Siting and Environmental Protection Act, so as to revise the definition of "major utility facility" and to provide definitions for "DOD Siting Clearinghouse," "notice of presumed risk," "adverse impact on military operations and readiness," "major military base," and "wind energy facility." The legislation revises provisions governing applications for a certificate to construct a utility facility, so as to provide that certain information regarding wind energy facilities must be included on the application. The legislation revises provisions relating to the parties to certification proceedings, so as to provide that the parties also shall include the South Carolina Aeronautics Commission and the DOD Siting Clearinghouse for proceedings related to wind energy facilities.
H.3234 Hearing Aid Coverage for Children Rep. Huggins
This bill establishes requirements for group health insurance and group health benefit plans to cover hearing aids and replacement hearing aids for an insured person with impaired hearing who is eighteen years of age or younger.
H.3239 Preexisting Condition Exclusions Prohibited Rep. Garvin
This bill revises health insurance provisions to prohibit preexisting condition exclusions in individual, group, and small employer health benefit plans.
H.3243 Lawful Residents Eligible for Occupational or Professional Licensure Rep. Collins
This bill provides that people who are lawfully present in this state and are not precluded from establishing residency under federal immigration law may establish residency and be eligible for occupational or professional licensure (provided other licensure requirements are met).
H.3244 Employment First Initiative Rep. Collins
This bill enacts the Employment First Initiative Act to establish policies supportive of competitive and integrated employment of individuals with disabilities. The legislation establishes related responsibilities for state agencies and political subdivisions of the state. The legislation creates the South Carolina Employment First Oversight Commission and provides for its composition, function, and duties.
H.3252 V-Safe Program Enhancements Rep. White
This bill makes revisions to V-SAFE Program provisions so as to: simplify the definition of fire departments and the projects on which grant funds may be expended; increase grant amounts; and, specify projects for which grants may be awarded. The legislation revises provisions relating to insurance premium taxes, so as to direct additional funds to the V-SAFE Program. The legislation revises provisions relating to the additional depreciation reimbursement, so as to direct a percentage of such funds to the V-SAFE Program.
H.3255 Real Estate Appraisers Rep. West
This bill revises provisions governing the licensure and regulation of real estate appraisers.
H.3274 Unclaimed Remains of a Deceased Veteran Rep. Huggins
This bill revises provisions governing the disposal of unclaimed cremated remains of a deceased veteran to establish conditions under which these provisions must also apply to the disposal of unclaimed human remains of a deceased veteran. The legislation revises provisions relating to the disposition of remains of unidentified dead bodies to require coroners to release certain human remains that have been determined to be those of an unclaimed deceased veteran to a funeral home, funeral establishment, or mortuary for disposition according to the protocol.
H.3280 Restrictions on Interruptions of Electric Service for Nonpayment Rep. King
This bill revises restrictions on interruptions of electric service to residential customers for nonpayment, so as to make restrictions also applicable to commercial customers. The legislation requires mailed written notification to the customer instead of telephonic or electronic notice.
H.3281 Fees Prohibited for Cremation Permits and Burial-Removal-Transit Permits Rep. King
This bill revises provisions relating to permits for cremation which must be issued by coroners, so as to provide that no fee for a permit for cremation may be charged. The legislation revises provisions relating to county registrars and the issuance of Burial-Removal-Transit Permits, so as to prohibit a coroner or medical examiner from charging a fee for such permit.
H.3290 911 Call Abuse via Text Messaging Rep. Pope
This bill revises penalties for 911 call abuse including false reporting, so as to include 911 call abuse via text messaging.
H.3307 Appeal of a Judgment for Ejection Rep. Huggins
This bill revises provisions relating to the appeal of a judgment for ejection, so as to require a tenant to pay the landlord all rent allegedly owed prior to the action for possession and to update a reference.
H.3311 Collection of Additional Fees on Utility Bills Prohibited Rep. King
This bill makes it unlawful for a public utility, or a third party authorized by a public utility, to accept payments for utility bills on behalf of the public utility. It would also be unlawful to collect an additional fee for a consumer's payment. A violator must be fined one thousand dollars for each offense.
H.3312 Requirements Relating To the Financial Operation of Homeowners Associations Rep. King
This bill establishes certain requirements for a homeowners association regarding: the annual operating budget; the association's operating expenses; the allocation of funds collected as fines by the association's board; and, the submission of the annual operating budget to the Department of Consumer Affairs.
H.3313 HOA Regime Fee Fairness to Deployed Service Members Act Rep. King
This bill enacts the "Homeowners Association Regime Fee Fairness to Deployed Service Members Act so as to: require a service member who belongs to a homeowners association to notify the homeowners association of orders of deployment; prohibit a homeowners association from enforcing a lien or imposing a penalty for regime fees not paid during the time period that the homeowner is deployed or mobilized outside of this state; apply these protections to dependents residing with the service member; provide that the protections to deployed homeowners may not be waived by contract; provide that these provisions only apply to the service member's primary residence; and, establish that these provisions shall not be construed to waive an obligation of the deployed service member from continuing to maintain the property.
H.3316 Funeral Service Provider Transfers Rep. King
This bill provides that when dead human bodies are transferred from one funeral service provider to another funeral service provider, the transferor may recover certain unpaid service fees and legal fees from the transferee in certain circumstances. The legislation provides that these actions must be heard in magistrates court regardless of the jurisdictional amounts involved.
H.3317 Restrictions on Employers Basing Hiring Decisions on Credit Histories Rep. King
This bill revises provisions establishing unlawful employment practices, so as to provide that it is an unlawful employment practice for an employer to fail or refuse to hire an individual because of his credit history or credit report, unless the information in the credit history or credit report directly relates to a bona fide occupational qualification reasonably necessary to the normal operation of that business or enterprise.
H.3329 Exemption from Certain License Renewal Fees Rep. McKnight
This joint resolution provides an exemption for close contact service providers who were required to close by executive order of the Governor due to the COVID-19 pandemic from license renewal fee requirements and continuing education requirements until one year after they are allowed to return to work by the Governor has lapsed.
H.3335 Nonprofit Corporation's Covenant Not to Compete Rep. Rutherford
This bill provides that any covenant not to compete that a nonprofit corporation with an annual gross revenue exceeding one billion dollars has with current and former employees is null, void, and unenforceable. The legislation provides that no such covenant may be entered into with future employees.
H.3341 State Minimum Wage Rep. Cobb-Hunter
This bill provides that the minimum wage in this state is the greater value of either fifteen dollars or the minimum wage set by the federal Fair Labor Standards Act. The legislation revises provisions relating to the scope of authority to set minimum wage, so as to provide that a political subdivision of this state may not require a minimum wage that exceeds this new state minimum wage. The legislation revises provisions relating to therapeutic patient employment, so as to provide that a patient employee must be paid this new state minimum wage. The legislation revises provisions relating to Sunday work in machine shops and Sunday work in manufacturing or finishing of textile products, respectively, both so as to provide that Sunday work must be compensated at a rate no less than this new state minimum wage.
H.3344 Human Affairs Commission Rep. Collins
This bill provides for making updates and technical corrections arising from the House Legislative Oversight Committee's study of the Human Affairs Commission.
H.3362 Opioid Treatment Requirements for Medicaid Health Plans Rep. Fry
This bill requires Medicaid health plans to ensure access to appropriate clinical services for the effective treatment of opioid use disorders, including access to medications.
H.3400 Hearing Aid Coverage Requirements for Health Insurers Rep. Garvin
This bill establishes requirements for all health insurance and group health benefit plans to cover hearing aids and replacement hearing aids for insured persons with impaired hearing.
H.3401 Insurer and Health Care Provider Billing Rep. Garvin
This bill establishes provisions to prohibit insurers and health care providers from engaging in surprise billing. The legislation makes it an unfair trade practice for an insurer or health care provider to engage in the practice of surprise billing.
H.3406 Defects on Property Covered Under Service Contracts Rep. King
This bill provides that it is unlawful for service contract providers to classify a defect not discovered before the effective date of the service contract as a preexisting condition. Penalties are provided for violations. The legislation provides that a defect not discovered thirty days prior to the effective preexisting condition on property covered under a service contract may not be classified as a preexisting condition.
H.3407 Preexisting Conditions on Property Covered Service Contracts Rep. King
This bill provides that a preexisting condition on property covered under a service contract may not be classified as a preexisting condition thirty days after the provider provides notice of the preexisting condition.
H.3408 Automobile Insurer and Glass Repair or Replacement Claims Rep. King
This bill revises automobile collision coverage provisions to provide that an automobile insurer may not consider claims submitted for the repair or replacement of automobile safety glass when determining the premium rates to be charged on the insured's policy.
H.3411 Procurement Preferences for Disabled Veterans Rep. D. C. Moss
This bill revises resident vendor preferences under the State Consolidated Procurement Code to provide that, for the purpose of making an award determination, a procurement officer is directed to decrease a bidder's price by two percent if the bid is submitted by a business owned by a service-disabled veteran residing in this state.
H.3412 Arbitration Rep. Pendarvis
This bill specifies that a particular arbitration procedure is intended only for property damage liability claims arising out of motor vehicle collisions or accidents and not for claims for bodily injury. The legislation revises provisions governing the appointment of arbitrators to remove the requirement that an arbitrator must be an attorney. The legislation revises the qualifications of arbitrators to allow for third-year law school students to serve as arbitrators. The legislation revises provisions governing the request for arbitration to provide a method by which a defendant may object to arbitration. The legislation revises provisions governing the right to appeal decisions to provide that an appeal from arbitration is reviewed as pursuant to appellate court rules and not a de novo trial.
H.3413 Workers' Compensation Coverage of Law Enforcement Officers Rep. Pope
This bill revises workers' compensation provisions to exempt from certain limitations stress, mental injuries, and mental illness injuries sustained by a law enforcement officer that arises from the officer's direct involvement in, or subjection to, the use of deadly force in the line of duty.
H.3414 Denial of Insurance Claims Arising From a Leak Rep. Rutherford
This bill provides that an insurer may not deny a claim arising from a leak on the basis of the leak occurring over an extended period of time unless the insured had actual knowledge of the leak and failed to undertake actions to repair or replace the source of the leak.
H.3415 Automobile Insurance Bodily Injury Limits Rep. Rutherford
This bill revises automobile insurance bodily injury and property damage limits to require one hundred fifty thousand dollar limits for bodily injury resulting in death.
H.3455 Fair Housing Testing Rep. Pendarvis
This bill establishes provisions for the Commissioner of the South Carolina Human Affairs Commission to conduct yearly fair housing testing (covert housing investigation).
H.3456 Fair Housing in Public Programs Rep. Pendarvis
This bill provides that any covered housing agency shall administer all programs and activities related to housing in a manner that affirmatively furthers fair housing.
H.3461 Deferred Presentment Transactions Designated Unfair Trade Practices Rep. Thigpen
This bill provides that a person who accepts a check for a deferred presentment transaction violates the South Carolina Unfair Trade Practices Act. The legislation repeals statutes governing deferred presentment services.
H.3462 Limits on Deferred Presentment Transaction Annual Percentage Rep. Thigpen
This bill revises restrictions and requirements for deferred presentment or deposit of checks, so as to provide that the effective annual percentage rate charged on a deferred presentment transaction cannot exceed thirty-six percent.
H.3469 Paid Sick Leave Act Rep. J. Moore
This bill enacts the South Carolina Paid Sick Leave Act in order to: provide for the manner in which employees may accrue and use paid sick leave; provide that employers may provide more generous paid sick leave benefits than required in these provisions; prohibit employer retaliation against employees who request or use paid sick leave; provide for enforcement; and provide that these provisions may not be construed to discourage or prohibit an employer from the adoption or retention of an earned paid sick leave policy more generous than the one required in these provisions.
H.3471 Continuing Education on Fair Housing Required for Real Estate Professionals Rep. Pendarvis
This bill revises license renewal requirements for real estate brokers, salespersons, and brokers-in-charge, and requirements for property managers and property-managers-in-charge, to provide that continuing education requirements must include at least one hour exclusively devoted to the topic of fair housing and discrimination.
H.3472 Penalties for Violating Fair Housing Laws Rep. Pendarvis
This bill revises provisions relating to Real Estate Commission disciplinary actions and redress for violations, so as to provide specific monetary penalties for violations of fair housing laws.
H.3492 Conversion of a Nonprofit Corporation to a Limited Liability Company Rep. Elliott
This bill makes provisions for the conversion of a nonprofit corporation to a limited liability company.
H.3495 South Carolina Blockchain Industry Empowerment Act Rep. Jones
This bill enacts the South Carolina Blockchain Industry Empowerment Act of 2021 in order to establish this state as an incubator for tech industries seeking to develop innovation by using blockchain technology. The legislation provides authority for corporations to issue certificate tokens in lieu of stock certificates. The legislation provides that a person who develops, sells, or facilitates the exchange of an open blockchain token is not subject to specified securities and money transmission laws, and provides for specified verification authority to the attorney general and Banking Commissioner. The legislation specifies that digital assets are property within the Uniform Commercial Code. The legislation authorizes security interests in digital assets. The legislation establishes an opt-in framework for banks to provide custodial services for digital asset property as custodians. The legislation specifies standards and procedures for custodial services. The legislation clarifies the jurisdiction of South Carolina courts relating to digital assets. The legislation authorizes a supervision fee and makes other related provisions to digital assets. The legislation provides for a definition of the term "virtual currency" under the South Carolina Anti-Money Laundering Act and provides that the act does not apply to buying, selling, issuing, or taking custody of payment instruments or stored value in the form of virtual currency or receiving virtual currency for transmission to a location within or outside the United States by any means.
H.3497 Open for Business Act Rep. Magnuson
This bill enacts the Open for Business Act to allow businesses ordered to cease or limit operations to continue or resume operations if they can demonstrate compliance with safety precautions.
H.3524 Extension of Pipeline Company Exemption Rep. Hixon
This bill would revise the exemption of private, for-profit pipeline companies from certain rights, powers, and privileges of telegraph and telephone companies that otherwise are extended to pipeline companies, so as to extend the sunset provision to June 30, 2022.
H.3532 Net Neutrality Preservation Act Rep. Thigpen
This bill enacts the South Carolina Net Neutrality Preservation Act to impose requirements and prohibitions on telecommunications or Internet service providers as a means of fostering a fast, fair, and open Internet for consumers and businesses to ensure equal access to lawful content by prohibiting paid prioritization, throttling, and blocking.
H.3542 Payments on Consumer Loans Rep. McDaniel
This bill revises provisions relating to receipts for payments on consumer loans, so as to require the creditor to deliver or mail a periodic statement within ten days of the submission of a payment. The legislation requires that certain statements show the remaining balance on the loan and the amount of the payment applied to the principal balance and interest on the loan.
H.3550 Failing To Accommodate Timely Burials after Funeral Services Rep. Robinson
This bill revises provisions relating to grounds for disciplinary action against a licensed perpetual care cemetery company, so as to provide that a company may be disciplined for failing to accommodate timely burials after a funeral service. The legislation provides that it is deemed unprofessional conduct for a funeral director to arrange a funeral service without scheduling a timely burial of the remains of the deceased person.
H.3552 Short-Term Vehicle-Secured Loans Rep. Thigpen
This bill establishes certain requirements for short-term vehicle-secured loans. The legislation provides that it is an unfair trade practice for a supervised lender to make a short-term vehicle-secured loan. The legislation provides for the maximum interest rates a lender may charge on a short-term vehicle-secured loan.
H.3553 Tenants Who Are Crime Victims Rep. Thigpen
This bill allows a tenant who is the victim of a crime to request a new lock and to provide a procedure if the perpetrator of the crime is a tenant. The legislation allows a victim of domestic violence to terminate a rental agreement under certain circumstances, and prohibits a landlord from undertaking certain actions.
H.3554 Maximum Interest Rate for Consumer Loans Rep. S. Williams
This bill establishes a maximum interest rate for consumer loans issued by a credit union, bank, or other financial institution.
H.3564 Commercial Advertisements on Benches Rep. Thigpen
This bill revises provisions relating to the Department of Transportation's issuance of permits that allow the installation and maintenance of benches upon which commercial advertisements may be placed, so as to provide that the permits must be renewed annually instead of terminated on July 1, 2010.
H.3573 Medicaid Buy-In Rep. Thigpen
This bill establishes a Medicaid buy-in program as a means of providing quality, affordable health insurance for certain residents of the state.
FAMILY/CHILDREN
H.3079 Study Committee to Examine the Availability of High Quality Childcare Rep. Collins
The bill establishes an eleven-member study committee to examine the availability of high quality childcare and recommend policies to support the development of more widely accessible high quality providers. The study committee must be led by the Department of Social Services and the Office of First Steps to School Readiness. This would be done in collaboration with the Department of Commerce and the South Carolina Chamber of Commerce. The study committee shall provide a report with recommendations to the General Assembly before January 1, 2022. The study committee shall dissolve upon providing its report.
H.3169 Certificate of Foreign Birth Rep. Pope
The legislation requires the Department of Health and Environmental Control to issue a Certificate of Foreign Birth for a child with United States citizenship who is born in a foreign country to a parent who is a resident of South Carolina.
H.3225 South Carolina Dignity in Pregnancy and Childbirth Act Rep. Garvin
The bill enacts the South Carolina Dignity in Pregnancy and Childbirth Act. The bill would require perinatal health care providers to implement an evidence based implicit bias program to train health care staff. In addition, the bill outlines requirements for the program.
H.3231 Documentation of Date Of Birth In Certain Circumstances Rep. Henegan
This bill outlines that, notwithstanding any provision of law to the contrary, a person born in the state whose birth is unregistered may use an inscribed family Bible or genealogical records as documentation of date of birth with conditions.
H.3232 Perinatal Integration Rep. Hill
This bill enacts the Perinatal Integration Act of 2021. It requires the Department of Health and Environmental Control to promulgate regulations to integrate midwives into the organization of perinatal levels of care.
H.3233 Newborn Screening and Rare Disease Council Rep. Howard
This bill renames the current Newborn Screening Advisory Committee to the Newborn Screening and Rare Disease Council. The bill adds membership to the Council.
H.3235 Principles of the State's Child Welfare System Rep. Kimmons
The bill clarifies that legal representatives of the Department of Social Services must ensure that child welfare and safety are the predominant basis of the Department's recommendations and decisions in such proceedings and that the legal representatives have the sole discretion on behalf of the Department over any decisions pertaining to such proceedings.
H.3336 Administration of Glucagon, Insulin to Students Rep. G. M. Smith
The bill outlines that a licensed registered nurse employed by a school district or other health care professional annually shall train volunteer school personnel designated as care providers in a health plan of a student submitted to administer glucagon, insulin (or both) to a student with diabetes.
H.3510 Midwife Practice Act Rep. Hill
This bill enacts the Midwife Practice Act which regulates the practice of midwifery. Among many things, the bill creates the South Carolina Board of Midwifery within the Department of Health and Environmental Control. The bill outlines the board's membership as well as set forth practice requirements and criteria for licensure.
H.3516 Department Of Disabilities and Family Support Services Program Rep. Robinson
The intent of the Family Support Services Program is to assist individuals with disabilities and their families who desire or choose to support a family member with intellectual disability. This bill adds that individuals and families should have the right to select a specific person or agency to provide services offered through the program.
H.3517 Adverse Childhood Experiences Rep. Robinson
The Department of Health and Environmental Control annually shall allocate sufficient funding appropriated by the General Assembly, as well as available federal funding and private grants, to raise awareness of adverse childhood experiences and implementing statewide strategies to reduce the occurrence of adverse childhood experiences and mitigate their impact on the health and wellbeing of every resident.
HEALTH CARE FACILITIES
H.3161 State Certification of Need and Health Facility Licensure Rep. Taylor
The bill renames Article 3, Chapter 7, Title 44 State Certification of Need and Health Facility Licensure Act to the State Health Facility Licensure Act. In addition, the bill deletes all references to the certificate of need requirements.
H.3216 Video Monitoring Rep. Calhoon
This bill states that every nursing home, community residential care facility, and intermediate care facility for persons with intellectual disability subject to licensing and regulation by DHEC shall install, operate, and maintain at every facility exit an electronic video monitoring system, which continually monitors and makes video recordings, and shall maintain copies of the video recordings for at least thirty days. Penalties are outlined for noncompliance.
H.3223 State Certification of Need and Health Facility Licensure Rep. Davis
The bill renames Article 3, Chapter 7, Title 44 State Certification of Need and Health Facility Licensure Act to the State Health Facility Licensure Act. In addition, the bill deletes all references to the certificate of need requirements.
H.3227 Rights of Residents of Long Term Care Facilities Rep. Gilliard
This bill adds the right of residents to communicate with persons by video-telephonic or web based video communication technologies.
HEALTH CARE
H.3088 Dentistry Specialties Rep. Rutherford
Currently, a special license is required for the practice of each special area of dentistry which is recognized by the American Dental Association. This bill adds the American Board of Dental Specialties as another entity that recognizes special licenses for special areas of dentistry.
H.3166 Rena Grant Sickle Cell Disease Voluntary Patient Registry Act Rep. King
The bill requires the South Carolina Department of Health and Environmental Control (SCDHEC) to develop and maintain a sickle cell disease voluntary patient registry in which patients diagnosed with the sickle cell disease may register. The bill provides requirements for the registry. The bill would be called the Rena Grant Sickle Cell Disease Voluntary Patient Registry Act.
H.3174 Put Patients First Rep. Rutherford
Among many things, the bill authorizes registered patients to use marijuana for medical purposes. As a result, the bill would allow physicians to recommend the medical use of marijuana for those patients.
H.3327 Qualifications for Licensure by the Board of Physical Therapy Examiners Rep. Lowe
The bill requires certain fingerprint supported state and national criminal records checks for initial licensure applicants as well as applicants for licensure endorsed from other jurisdictions. The bill further states that the results of these records checks must be provided to the Department of Labor, Licensing and Regulation.
H.3361 Compassionate Care Rep. Herbkersman
Among many things, this bill provides for the sale of medical cannabis and the conditions under which a sale can occur. The bill defines certain terms and provides for fees and creates criminal penalties. The Department of Health and Environmental Control shall promulgate regulations and submit reports.
H.3175 Pharmacy Access Rep. Rutherford
The bill provides that qualified licensed pharmacists may prescribe and administer injectable hormonal contraceptives, as well as, prescribe and dispense self-administered hormonal contraceptives under a standing prescription drug order.
H.3217 Opting Out of Infectious or Contagious Disease Vaccinations Rep. Chumley
This bill states that any vaccination offered by the Department of Health and Environmental Control as part of any mass immunization project to protect against infectious disease, or to prevent the spread of a pandemic or a contagious or possibly contagious disease, may be provided only to those individuals who agree to the vaccination.
H.3511 Infectious or Contagious Disease Vaccinations Rep. Long
The bill states that any vaccination offered by the Department of Health and Environmental Control as part of any mass immunization project to protect against infectious disease, or to prevent the spread of a pandemic or a contagious or possibly contagious disease, may be provided only to those individuals who agree to the vaccination.
H.3518 Medical Ethics and Diversity Rep. Willis
This bill authorizes medical practitioners, health care institutions, and health care payers not to participate in health care services that violate the practitioner's or entity's conscience. The bill protects these individuals and entities from civil, criminal or administrative liability and from discrimination for exercising their personal right of conscience (with exceptions).
PRESCRIPTIONS
H.3179 Prescriptions for Controlled Substances in Schedule II Drugs Rep. G. M. Smith
The bill exempts surgically implanted drug delivery systems from the thirty-one day supply limitation.
H.3365 Narcotic Treatment Programs Rep. Fry
The bill authorizes certain health care practitioners to administer or dispense methadone or other narcotic treatment medications to patients of Narcotic Treatment Programs. In addition, the bill establishes certain requirements for Narcotic Treatment Programs with or without retail pharmacies.
H.3366 Prescription for Naloxone Rep. Fry
The bill outlines that a prescriber can offer a prescription for naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid depression to a patient under certain conditions.
OTHER ITEMS
H.3024 Mobile Barbershops Rep. Henegan
The bill provides for the regulation of mobile barbershops. "Mobile barbershop" is defined as a self-contained unit in which the practice of barbering is conducted, which may be moved, towed, or transported from one location to another. The bill outlines that a mobile barbershop includes a portable barber operation.
H.3193 Creation and Boundaries of the South Lynches Fire District Rep. Kirby
This bill revises the boundaries of the South Lynches Fire District to include the area within the municipal limits of the Town of Scranton in Florence County.
H.3416 County Veterans' Affairs Officers Rep. Yow
The bill classifies County Veterans' Affairs Officers as county employees. And as a result, these employees can be removed by the county legislative delegation.
H.3466 Fire Departments Training Costs Rep. Long
The bill outlines procedures for fire departments that assume the cost of training a firefighter may be reimbursed by other fire departments that subsequently hire the firefighter within a certain period of time.
H.3537 Rights of Homeowners or Tenants to Fly the United States Flag Rep. Bailey
The bill outlines that governing documents applicable to the premises, including the bylaws of the homeowners' association, may not prohibit the installation of a flagpole for the display of the flag of the United States. However, the governing documents may include reasonable rules and regulations regarding the location and size of the flagpole.
H.3561 Massage Therapy Practice Act Rep. Thayer
Among many things, the bill renames the Massage/Bodyworks Act to the Massage Therapy Practice Act. The bill regulates the practice of massage therapy and the operation of massage therapy establishments and sole practitioner establishments. The bill provides for the composition and duties of the Board of Massage Therapy.
H.3018 State Minimum Wage Rep. Garvin
This bill provides a base state minimum wage and a schedule to gradually implement an adjusted minimum wage to ten dollars and ten cents per hour over a three-year period. The legislation establishes a method for calculating future mandatory adjustments and makes provisions for the Department of Labor, Licensing and Regulation to notify employers and employees of these adjustments. The legislation provides that it is unlawful for an employer to fail to pay the state minimum wage or to retaliate against an employee for certain actions regarding enforcement of the state minimum wage law. The legislation provides remedies for violations and establishes a five-year statute of limitations. The legislation makes provisions for bringing class actions under state law.
H.3020 Hazard Pay for Public Employees Working Rep. Gilliard
This bill makes provisions for hazard pay for public employees working in frontline positions during a declared public health emergency or other declared state of emergency.
H.3026 Military Personnel and In-State Tuition and Fees Rep. Huggins
This bill revises provisions relating to military personnel and their dependents who are entitled to pay in-state tuition and fees regardless of time they have resided in this state, so as to expand the categories of individuals covered by these provisions. The legislation eliminates certain requirements for enrolling within three years of discharge.
H.3032 Retirees Returning To Work Rep. Gilliam
This bill revises the earnings limitation upon return to covered employment in the South Carolina Retirement System and the South Carolina Police Officers Retirement System respectively, so as to increase the amount that may be earned without affecting the monthly retirement allowance from ten thousand dollars to fifty thousand dollars.
H.3106 Employee Contribution Rates Rep. Bannister
This bill provides that an employer, up to certain limits, may elect to pay all or a portion of required employee contributions during a fiscal year under the South Carolina Retirement System and the Police Officers Retirement System.
H.3108 Homestead Property Tax Exemption Increase Rep. Brawley
This bill revises the homestead property tax exemption allowed for persons who are over the age of sixty-five years, disabled, or legally blind, so as to increase the exemption amount from the first fifty thousand dollars to the first seventy-five thousand dollars of the fair market value of the homestead.
H.3112 Solar Energy Property Income Tax Credit Rep. Cobb-Hunter
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.
H.3113 Educational Credit for Children in Foster Care Rep. Collins
This bill revises provisions governing the educational credit for the Exceptional Needs Children's Fund, so as to expand the definition of "exceptional needs child" to include a child who is in foster care.
H.3114 Education Lottery Scholarship Programs Rep. Collins
This bill revises the purposes and funding of the Educational Lottery Teaching Scholarship Grants Program to include scholarships and grants for teachers to obtain a master's degree in their content area, full scholarships to undergraduates who choose to major in education, and grants to teachers and certified prospective teachers to repay student loans. The legislation provides that a student is not qualified for a LIFE Scholarship or HOPE Scholarship until after the completion of his freshman year.
H.3120 Perpetual Recreational Trail Easement Income Tax Credit Rep. Hyde
This bill provides for an income tax credit to a property owner who encumbers his property with a perpetual recreational trail easement.
H.3126 Unlawful Federal Mask or Vaccine Mandates Rep. Jones
This bill provides that it is unlawful for this state or its political subdivisions to accept any federal funds to enforce an unlawful federal mask mandate or unlawful federal vaccine mandate.
H.3128 State Retirement and Health Benefits for School Board Members Rep. B. Newton
This bill revises eligibility criteria to include school board members in the South Carolina Retirement System and the State Health and Dental Insurance Plans.
H.3129 Sales Tax Limitations Rep. Pendarvis
This bill revises provisions relating to the imposition of the Capital Project Sales Tax, so as to remove the limitation that a portion of the county area may not be subject to an additional penny sales tax levied under Chapter 37, Title 4. The legislation revises a limitation on the sales tax rate, so as to provide that a sales tax is not levied pursuant to Article 3, Chapter 10, Title 4.
H.3130 South Carolina Opportunity Zone Enhancement Rep. Pendarvis
This bill provides an income tax credit to taxpayers investing in new projects located in an opportunity zone in this state. The legislation allows a taxpayer eligible for a federal low-income housing tax credit to claim a low-income state tax credit (if the property is located in designated opportunity zones in this state). The legislation revises jobs tax credit provisions so as to provide for an additional credit for full-time jobs created in Tier III and Tier IV Counties within designated opportunity zones. The legislation provides for a sales tax rebate and credit to a grocery store vendor which locates a store in an opportunity zone in an area which is defined as a "food desert." The Department of Commerce is directed to establish a grant program to provide nonrecurring aid to taxpayers investing in new projects in a designated opportunity zone in Tier III and Tier IV Counties on a priority basis. A South Carolina Opportunity Zone Leadership Task Force is established within the Department of Commerce.
H.3133 South Carolina Economic Development Tax Incentive Evaluation Rep. Pendarvis
This bill establishes requirements for the Department of Revenue to complete a study every two years to assess the impact, including both the economic benefits and the financial cost, of economic development tax incentives.
H.3134 Retirees Returning To Work Rep. Pope
This bill provides that, if a participating employer in the South Carolina Retirement System or the Police Officers Retirement System engages a certain member of the system to perform services, then the participant employer shall pay to the system the employer contribution that would be required if the member received the compensation as an active contributing member of the system. The legislation revises provisions governing retirement benefits after returning to covered employment under the South Carolina Retirement System and the Police Officers Retirement System, to remove the ten thousand dollar earnings limitation on an employee returning to employment who has not been engaged to perform services for a participating employer in the system or any other system for at least twelve consecutive months subsequent to retirement.
H.3143 Education Lottery Account Revisions Rep. White
This bill creates the Higher Education Scholarship Endowment Fund within the office of the State Treasurer. The legislation makes provision for the General Assembly to appropriate certain funds to the Department of Alcohol and Other Drug Abuse Services or other certain nonprofits for the prevention and treatment of compulsive gambling disorder. The legislation revises Palmetto Fellows Scholarship Program provisions to provide that, beginning in school year 2021-2022, a student shall receive the scholarship based on credit hours attempted. The legislation revises provisions relating to an additional Palmetto Fellows Scholarship Stipend, so as to provide that, beginning in school year 2021-2022, new students are not eligible for the stipend. The legislation revises LIFE Scholarship provisions, so as to provide that, beginning in school year 2021-2022, a student shall receive the scholarship based on credit hours attempted. The legislation revises provisions relating to an additional LIFE Scholarship Stipend, so as to provide that, beginning in school year 2021-2022, new students are not eligible for the stipend. The legislation provides that unclaimed Education Lottery prize money must be deposited in the Higher Education Scholarship Endowment Fund. The legislation revises provisions relating to the management and administration of the Education Lottery Account, so as to eliminate provisions on what the Education Lottery account proceeds may be certified to fund. The legislation revises HOPE Scholarship provisions so as to provide that, beginning in school year 2021-2022, a student shall receive the scholarship based on credit hours attempted. The legislation repeals certain the Education Lottery appropriations and uses. The legislation repeals the Education Lottery Teaching Scholarship Grant Program.
H.3165 Fallen First Responder Survivor Advocate Rep. McCravy
This bill creates the Fallen First Responder Survivor Advocate position within the Department of Administration.
H.3183 Pay Equity Act Rep. Brawley
This bill enacts the Act to Establish Pay Equity to provide that no employer may pay wages to employees at rates less than the rates paid to employees of other races, religions, colors, sexes, including gender identity and sexual orientation, ages, national origins, or disability statuses for comparable work. The legislation provides for certain exceptions. The legislation provides that certain employment practices relating to requests for the disclosure of wages are unlawful, with certain exceptions. The legislation makes provisions for civil actions asserting violations that may be maintained against employers in courts of competent jurisdiction. The legislation makes provisions for the recovery of unpaid wages and damages. Penalties are established for employers who violate the provisions of the act. The legislation makes provisions to establish pay equity. The Department of Labor, Licensing and Regulation is authorized to investigate violations and to bring certain actions. The legislation requires employers to post certain information in conspicuous places.
H.3184 State Minimum Wage Rep. Brawley
This bill makes provisions for a base state minimum wage and a schedule to gradually implement an adjusted minimum wage to fifteen dollars per hour over a three-year period. The legislation establishes a method for calculating future mandatory adjustments and provides for the notification of these adjustments to employers and employees by the Department of Labor, Licensing and Regulation. The legislation provides that it is unlawful for an employer to fail to pay the state minimum wage or to retaliate against an employee for certain actions regarding enforcement of the state minimum wage law. Remedies are provided to address violations. The legislation establishes a five-year statute of limitations. The legislation provides that actions may be brought as a class action under state law. Revisions are made to provisions relating to the scope of authority of a political subdivision of the state to set a minimum wage rate and provisions addressing the compensation of mental health patients for therapeutic employment.
H.3188 Equal Pay For Equal Work Act Rep. Cobb-Hunter
This bill enacts the South Carolina Equal Pay for Equal Work Act to prohibit, on the basis of sex, the paying of wages to employees of one sex at a lesser rate than the rate paid to employees of the opposite sex for comparable work in jobs which require the same or essentially the same knowledge, skill, effort, and responsibility. The legislation provides definitions and exceptions, and prohibits specific employer actions with regard to these requirements. Administrative and, where applicable, judicial remedies are established for violations.
H.3194 Sale or Alternate Management of the Public Service Authority Rep. Lucas
This bill authorizes the sale of the assets of the South Carolina Public Service Authority and the assumption or defeasement of its liabilities or the management of the operations of the Public Service Authority by a third party or entity. The legislation creates a special committee of the General Assembly to further negotiate the terms and conditions of the preferred sale recommendation and the preferred management recommendation of the Department of Administration regarding the Public Service Authority. The legislation directs the special committee to report one recommendation to each house of the General Assembly for its approval. The legislation provides for the manner in which the selected proposal shall take effect. The legislation makes certain revisions to the governance and operations of the South Carolina Public Service Authority.
H.3226 Expanded Medicaid Eligibility Rep. Garvin
This bill provides that, beginning January 1, 2022, an adult sixty five-years of age or younger whose income is at or below one hundred thirty-three percent of the federal poverty level, with a five percent income disregard, is eligible for Medicaid as provided for in the Federal Patient Protection and Affordable Care Act.
H.3230 Reimbursement for Mental Health Telehealth Services Delivered to Medicaid Patients
Rep. Herbkersman
This bill establishes requirements for the South Carolina Department of Health and Human Services to reimburse practitioners for mental health telehealth services delivered to patients enrolled in Medicaid.
H.3247 Workforce Enhancement and Military Recognition Rep. G. M. Smith
This bill revises provisions relating to the military retirement income deduction, so as to phase in the removal of certain limits.
H.3248 Higher Education Funding Rep. White
This bill provides increased funding to public institutions of higher learning in the same percentage as the state's General Fund revenues increase. The legislation provides additional funding for certain scholarships and provides eligibility criteria for the funding. The legislation establishes the Higher Education Facilities Repair and Renovation Fund to provide infrastructure funding for institutions of higher learning. The legislation establishes provisions to normalize the ten-point grading scale for purposes of eligibility for certain scholarships. The legislation provides for additional funding for the need-based grant program and establishes eligibility criteria for future funding. The legislation revises provisions relating to higher education scholarships and grants, so as to provide additional funding for grant programs. The legislation revises provisions for certain STEM stipends, so as to provide that the stipend is available when the student becomes a junior instead of a sophomore. The legislation requires the appropriation of certain additional funding for need-based grants and need-based tuition grants. The legislation requires the Commission on Higher Education to submit policy statements and rules as regulations. The legislation requires the procurement of a Student Loan Default Aversion and Financial Literacy Program. The legislation creates the State Institution of Higher Education Enterprise Act, and revises procurement code provisions so as to exempt an enterprise division.
H.3251 South Carolina Farm Aid Fund Rep. White
This bill creates the South Carolina Farm Aid Fund to assist farmers who have suffered at least a forty percent loss of agricultural commodities as a result of a catastrophic weather event. The legislation provides for the fund to be administered by the Department of Agriculture. A Farm Aid Advisory Board is established to make recommendations and to specify eligibility and grant amounts.
H.3269 Statewide Advisory Referendum on Medicaid Expansion Rep. Garvin
This joint resolution provides that a statewide advisory referendum must be conducted by the State Election Commission at the same time as the 2022 General Election on the question of whether South Carolina should participate in Medicaid expansion.
H.3278 County Legislative Delegation Offices Rep. King
This bill requires county councils to provide office space and appropriate monies for the operation of the county legislative delegation office. The legislation requires the appropriation to be included in the annual county budget, and provides that the delegation is responsible for the employment, supervision, and discharge of all personnel employed by the delegation.
H.3340 Increased State License Tax Credits for Contributions to Infrastructure and Economic Development Projects Rep. Bailey
This bill revises provisions relating to state license tax credits allowed certain taxpayers for contributions to qualifying infrastructure and economic development projects, so as to increase the maximum annual credit amount from four hundred thousand to six hundred thousand dollars. The legislation provides additional annual credit amounts of fifty thousand dollars, one hundred thousand dollars, and one hundred fifty thousand dollars, respectively, for qualifying projects located in counties classified for the targeted jobs tax credit as Tier II, III, and IV Counties. The legislation establishes additional eligibility requirements for these increased credit amounts, and allows unused credits to be carried forward to the three succeeding tax years.
H.3342 State's Classification and Compensation System Rep. Cobb-Hunter
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 and to increase each pay band annually to account for inflation.
H.3343 Five Percent State Employee Pay Increase Rep. Cobb-Hunter
This joint resolution establishes the plan by which the Department of Administration must allocate amounts appropriated for employee pay increases so that state employees receive a five percent employee pay increase effective July 1, 2021.
H.3345 State Income Tax Exemption for Federal Pandemic Unemployment Compensation
Rep. W. Cox
This joint resolution would provide that, for income tax year 2020, any federal monies received by a taxpayer that is classified as federal pandemic unemployment compensation in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) must be excluded from South Carolina taxable income. Additionally, any such federal monies must be excluded from any applicable income eligibility determination for programs such as Medicaid and Temporary Assistance for Needy Families.
H.3346 State Reserve Fund Increases Rep. W. Cox
This bill revises the statutory General Reserve Fund, so as to provide that the General Reserve Fund of five percent of General Fund revenue of the latest completed fiscal year must be increased each year by one half of one percent of General Fund revenue of the latest completed fiscal year until it equals seven percent of such revenues. The legislation revises provisions relating to the statutory Capital Reserve Fund of two percent of General Fund revenue of the latest completed fiscal year, so as to increase it to three percent of General Fund revenue of the latest completed fiscal year. These statutory provisions are to take effect upon ratification of pertinent amendments to the South Carolina Constitution.
H.3347 Proposed Constitutional Amendments on State Reserve Fund Increases Rep. W. Cox
This joint resolution would propose amendments to the South Carolina Constitution to provide that the General Reserve Fund of five percent of General Fund revenue of the latest completed fiscal year must be increased each year by one half of one percent of General Fund revenue of the latest completed fiscal year until it equals seven percent of such revenues. The legislation revises provisions relating to the statutory Capital Reserve Fund of two percent of General Fund revenue of the latest completed fiscal year, so as to increase it to three percent of General Fund revenue of the latest completed fiscal year.
H.3348 Tax Credits for Employment Apprenticeship Programs Rep. Daning
This bill makes provisions for a tax credit for any taxpayer that employs a formerly incarcerated individual in an apprenticeship program, or a veteran of the Armed Forces in an apprenticeship program.
H.3349 Tax Deduction for All Military And First Responder Retirement Income Rep. Davis
This bill allows a South Carolina income tax deduction of all military retirement income and first responder retirement income.
H.3352 Exemption of All Military Retirement Income From South Carolina Income Taxes Rep. Gilliam
This bill revises provisions relating to the deduction of military retirement income, so as to exempt all military retirement income from South Carolina income taxes.
H.3354 Renewable Energy Resource Property Tax Exemption Rep. Ballentine
This bill provides a property tax exemption for a renewable energy resource property having a nameplate capacity of, and operating at, no greater than twenty kilowatts.
H.3356 Removing Names of Historical Figures Rep. Jones
This bill provides that , if any public institution of higher learning removes the name of an historical figure for which a college or building is named, then the general fund appropriations set forth in the general appropriations act for the current fiscal year are reduced to zero.
H.3357 Removing Monuments or Memorials Of Historical Figures Rep. Jones
This bill provides that, if a county or municipality removes the monument or memorial of an historical figure, then the Treasurer shall withhold all disbursements from the local government fund for that county or municipality for the remainder of the fiscal year and the following fiscal year.
H.3374 Education Capital Improvements Sales and Use Tax Rep. Hayes
This bill revises provisions relating to the Education Capital Improvements Sales and Use Tax to authorize its imposition in certain situations.
H.3375 Tax Exemption for Artists and Craftsmen Making Limited Sales at Festivals Rep. Hixon
This bill revises the definition of retail sales under tax provisions, to exclude tangible personal property sold by an artist, craftsman, or hobbyist making sales not more than four times a year at a fair, festival, carnival, or event that operates for a period of less than twelve consecutive days. The legislation removes the requirement that such artists and craftsmen obtain a retail license.
H.3376 Admissions Tax Exemptions Rep. Hixon
This bill provides an exemption from the admissions tax for admissions charged by certain nonprofit business leagues and chambers of commerce.
H.3378 Capital Gains Tax Exemption on Sales of Precious Metals Rep. Jones
This bill revises income tax deductions on capital gains to provide for a one hundred percent exemption on any capital gain recognized from the sale of gold, silver, platinum bullion, or any combination of this bullion.
H.3379 South Carolina Repository Study Committee Rep. Jones
This joint resolution creates the South Carolina Repository Study Committee to determine the feasibility and efficacy of the establishment of a repository in this state to store gold, silver, and other metals for the state's reserves and for investments.
H.3380 Income Tax Deduction for Volunteer First Responders Rep. Jones
This bill provides a state individual income tax deduction for income attributable to a person who served as a volunteer first responder during the tax year.
H.3382 Per Diem Increase for Members of the General Assembly Rep. King
This joint resolution provides that a statewide advisory referendum must be conducted by the State Election Commission at the same time as the 2022 General Election on the question of whether or not the constitutional per diem of members of the General Assembly should be increased to $42,830.
H.3383 Counties Prohibited From Imposing a Surcharge Rep. King
This bill revises provisions relating to methods of making a tax payment, so as to prohibit a county governing body from imposing a surcharge for the acceptance of a particular medium of payment.
H.3385 Motor Vehicle Property Taxes Property Rep. King
This bill provides that a county treasurer may not refuse to accept full payment of property taxes on a motor vehicle or refuse to issue a tax receipt, upon full payment, to a taxpayer on a motor vehicle solely because the taxpayer is delinquent on another property.
H.3386 Full Residential Property Tax Exemption for A Homeowner Who Is At Least Eighty Years Old Rep. King
This bill revises real property tax exemptions, so as to allow an exemption from all property tax equal to one hundred percent of the value subject to tax of an owner occupied residence if the owner has attained the age of eighty years.
H.3388 Married Taxpayers Filing a Joint Federal Tax Return Rep. McCravy
This bill allows married taxpayers that file a joint federal return to calculate their amount of South Carolina income tax owed for the tax year as though each taxpayer filed a return as a single taxpayer if the taxpayers' cumulative tax owed would be less than the amount they would owe had they filed a joint return.
H.3389 Fee In Lieu of Property Taxes Agreement Requirements Rep. McDaniel
This bill requires a county to consult with other affected taxing entities before entering into a fee in lieu of property taxes agreement. The legislation requires the county to issue an annual report detailing distributions and requires the State Treasurer to withhold certain funds from the county if the property distributions are not disbursed.
H.3391 Quadrennial Reassessment of Real Property Rep. Oremus
This bill revises provisions for the quadrennial reassessment of real property to provide that the appraised value of real property may be increased only if the increase is reasonably supported by clear and convincing evidence. The legislation provides that the taxing jurisdiction has the burden of proving such evidence.
H.3392 Sales Tax Revisions Rep. Pope
This bill proposes to make comprehensive revisions to South Carolina's sales tax provisions to reduce the state sales tax rate to 3 percent. This bill proposes to include taxation on sales of services. The bill would also revise some sales tax exemptions and remove the exemption on certain items (over a 3-year period beginning FY 23-24). The bill creates the Tax Reform Reserve Fund which may be used only to cover any loss of sales tax revenue resulting from possible decreased sales tax collections. The bill would create a "circuit breaker," so that if the projected fiscal year's sales tax collection estimate were less than the last completed fiscal year, the rate reduction is halted. (The bill proportionally reduces local sales and use taxes in the same manner as the state sales and use tax). The taxation of services would begin phasing-in upwards at a rate of 1 percent beginning FY 23-24 and is considered to be fully phased in upon reaching 3 percent in FY 24-25. Conversely, the sales tax rate on goods is phased-in downwards to 3 percent by FY 25-26 (the rate on goods and former exemptions is reduced or adjusted by 1 percent each year over three years, reaching a uniform rate of 3 percent in FY 25-26).
H.3393 South Carolina Income Tax Act for Individuals, Trusts, and Estates Rep. Pope
This bill enacts the South Carolina Income Tax Act for Individuals, Trusts, and Estates, to provide, beginning with taxable year 2022, a single or "flat" rate income tax rate of 4.85 percent, phasing down over five years to a rate of 4.5 percent. The legislation changes the state's individual income tax base from federal taxable income to federal adjusted gross income and provides for modifications to federal adjusted gross income to arrive at South Carolina taxable income. The legislation provides that these modifications include a South Carolina standard deduction, South Carolina personal exemption, South Carolina dependent exemption, and other adjustments to federal adjusted gross income, including both increases and decreases. The bill allows a credit against a taxpayer's income tax liability under these new tax provisions to offset double taxation when the taxpayer's income is subject to income tax both in this state and in another state or jurisdiction. The legislation also allows other transitional credits for credits accrued and allowed under former law that are in carryforward status after 2021.
H.3394 Public Education Facilities Revitalization Rep. Rose
This bill establishes tax credits for rehabilitating public education facilities.
H.3396 Community Charges Higher Learning Rep. Rutherford
This bill authorizes the local governing body of a county or municipality to impose a community charge on nonprofit hospitals and institutions of higher learning. The legislation establishes guidelines for the method of determining the charge and provides for certain collection measures.
H.3397 Requirements for a Nonprofit Corporation Rep. Rutherford
This bill requires a nonprofit corporation that has an annual gross revenue exceeding one billion dollars that imposes a reduction in force of more than one hundred employees to prepare and present a report to certain committees and entities detailing all economic and procedural benefits made available to it and why it was necessary to impose the reduction in force.
H.3398 South Carolina National Guard Pension Increases Rep. G. M. Smith
This bill revises provisions governing pensions for certain members of the National Guard of South Carolina to increase the amount of the pension.
H.3399 Tax Credit to Provide a Scholarship to Exceptional Needs Children of Military Members
Rep. G. M. Smith
This bill would revise the exceptional needs tax credit by increasing the cumulative maximum annual credit amounts to provide a scholarship to any exceptional needs child of a member of the Armed Forces of the United States and who is either on active duty or was killed in the line of duty.
H.3452 Homestead Property Tax Exemption Enhancement Rep. Long
This bill would revise the homestead property tax exemption allowed for persons who are over the age of sixty-five years, disabled, or legally blind to increase the exemption amount from the first fifty thousand dollars to the first one hundred thousand dollars of the fair market value of the homestead.
H.3457 Poverty Elimination Bank Rep. Robinson
This bill creates the Poverty Elimination Bank to fund poverty reduction initiatives in South Carolina. The legislation adds the Poverty Elimination Bank to the list of programs that can be supported through voluntary contributions made by an individual using the state income tax return check-off.
H.3458 Residential Property Tax Exemption for Value Added Countywide Appraisal and Equalization Rep. Robinson
This bill provides a residential property tax exemption covering any amount of value added as a result of a countywide appraisal and equalization program on the primary residence of an individual who is eligible for the homestead exemption or has an annual income of less than fifty thousand dollars, and whose property value increased due to the increase in value of surrounding properties.
H.3459 Student Loan Forgiveness Program for Teachers Rep. Robinson
This bill provides that, after five consecutive years of employment with a school district located in this state, a teacher who graduated from an accredited South Carolina four-year college or university may apply for student loan forgiveness in accordance with the guidelines set out by the State Department of Education. Each year the General Assembly shall appropriate funds from the general fund, as necessary, to fund this student loan forgiveness initiative.
H.3460 South Carolina Gentrification Trust Fund Rep. Robinson
This bill creates the South Carolina Gentrification Trust Fund to provide financial assistance for relocation to low income and fixed income individuals, churches, and groups adversely impacted and displaced by gentrification. The legislation authorizes the governing body of a county or municipality to impose a one-time impact fee on a private developer for each new residential and commercial unit constructed by the developer within the county or municipality and provides for the funds be used exclusively for the gentrification trust fund. A developer who dedicates at least fifteen percent of the housing development to low income housing is exempt from the impact fee. The legislation provides for the General Assembly to appropriate five million dollars each year. The legislation adds the South Carolina Gentrification Trust Fund to the list of programs that can be supported through voluntary contributions made by an individual using the state income tax return check-off.
H.3478 Income Tax Deduction for Fair Labor Standards Act Overtime Pay Rep. Long
This bill revises deductions from the individual income tax, so as to allow a deduction for any overtime pay received pursuant to the Fair Labor Standards Act.
H.3479 Tax Credit for Employing Formerly Incarcerated Individuals Rep. Robinson
This bill allows a five thousand dollar tax credit to any taxpayer that employs a formerly incarcerated individual as a full time employee for one year. The legislation specify the taxes for which the credit may be applied.
H.3480 State Minimum Wage Rep. Robinson
This bill provides that the minimum wage in this state is the greater value of either thirteen dollars or the minimum wage set by the federal Fair Labor Standards Act. The legislation revises provisions relating to the scope of authority to set minimum wage, so as to provide that a political subdivision of this state may not require a minimum wage that exceeds this new state minimum wage. The legislation revises provisions relating to therapeutic patient employment, so as to provide that a patient employee must be paid this new state minimum wage. The legislation revises provisions relating to Sunday work in machine shops and Sunday work in manufacturing or finishing of textile products, respectively, both so as to provide that Sunday work must be compensated at a rate no less than this new state minimum wage.
H.3481 Suspension of Fund Transfer to the South Carolina Retiree Health
Insurance Trust Fund Rep. G. M. Smith
This joint resolution suspends, for Fiscal Year 2020-2021, a provision for a transfer of funds to the South Carolina Retiree Health Insurance Trust Fund.
H.3482 Alternative Payment Schedule for Property Taxes Rep. Stavrinakis
This bill revises provisions relating to installment payments of property tax to authorize a county to establish an alternative payment schedule.
H.3483 Separate Accounting Required for Local Road Use Fees Rep. S. Williams
This bill requires that a local road use fee imposed by a county must be kept in a separate account to be used exclusively for the existing transportation system within the county. The legislation requires that the revenues and expenditures be identified in the annual audit requires the county to reimburse the account in the event of discrepancies.
H.3513 South Carolinians with Disabilities Economic Development Trust Fund Rep. Long
This bill enacts the South Carolinians with Disabilities Economic Development Trust Fund. The legislation provides assistance to individuals with disabilities to pursue entrepreneurship and self-employment opportunities, including business development grants for startup, expansion, or acquisition of businesses operated within South Carolina. This fund is added to the list of funds that taxpayers may make contributions to through their state individual tax returns.
H.3545 Hunting Island Rep. W. Newton
This bill makes revisions recommended by the House Legislative Oversight Committee's study of the Department of Parks, Recreation and Tourism. The legislation revises Department of Parks, Recreation and Tourism provisions to remove references to residential areas on Hunting Island.
H.3546 South Carolina Film Commission Rep. W. Newton
This bill revises Department of Parks, Recreation and Tourism provisions to establish updated objectives for the South Carolina Film Commission. This bill makes revisions recommended by the House Legislative Oversight Committee's study of the Department of Parks, Recreation and Tourism.
H.3547 Repealing Fort Watson Memorial and Family Week Provisions Rep. W. Newton
This bill repeals provisions relating to the Fort Watson Memorial and Family Week in South Carolina.
H.3557 Retirees Returning To Work Rep. S. Williams
This bill revises the earnings limitation upon return to covered employment in the South Carolina Retirement System and the South Carolina Police Officers Retirement System, respectively. This would increase the amount that may be earned without affecting the monthly retirement allowance from ten thousand dollars to sixty-five thousand dollars.
H.3558 Repeal of Income Tax Provisions Rep. Jones
This bill repeals the South Carolina Income Tax Act and related provisions regarding income tax withholding.
H.3559 Partnership for Public Facilities and Infrastructure Act Rep. J. Moore
This bill enacts the Partnership for Public Facilities and Infrastructure Act to set forth a method by which a private entity and a public entity may work together to develop and operate certain projects.
H.3560 State Employee Paid Family Leave Rep. Bernstein
This bill provides twelve weeks of paid family leave for state employees due to the birth or adoption of a son or daughter.
H.3576 Audits Contracted Through the State Auditor Rep. McDaniel
This bill revises provisions relating to the annual audits of state agencies, so as to provide that any entity that is eligible to participate in the South Carolina Retirement System shall contract any required independent annual audits through the State Auditor.
The Legislative Update is on the Worldwide Web. Visit the South Carolina General Assembly Home Page (http://www.scstatehouse.gov) and click on "Publications," then click on "Legislative Updates." This will list all of the Legislative Updates by date. Click on the date you need. Also available on the website is a bill summary index, where bills referenced in one or more issues of the Legislative Update are listed in numeric order. Links to the specific text of the Legislative Update issue are provided in the bill summary index.
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