Legislative Update
April 12, 2021
Vol. 38, No. 12
South Carolina House of Representatives
James H. "Jay" Lucas, Speaker of the House
OFFICE OF RESEARCH AND CONSTITUENT SERVICES
Room 212, Blatt Building, P.O. Box 11867, Columbia, S.C. 29211, (803) 734-3230
BILLS INTRODUCED IN THE HOUSE THIS WEEK
NOTE: These summaries are prepared by the staff of the South Carolina House of Representatives and are not the expression of the legislation's sponsor(s) or the House of Representatives. They are strictly for the internal use and benefit of members of the House of Representatives and are not to be construed by a court of law as an expression of legislative intent.
The Senate has been sent H.3096, the "South Carolina Constitutional Carry Act of 2021," after the House gave it third reading this week. Among other things, it proposes abandoning select concealed weapon permit [CWP] laws and regulations in favor of declaring a citizen's constitutional right to carry a firearm, including the open carrying of a handgun. As amended during the floor debate, it, in effect, also declares South Carolina to be a Second Amendment Sanctuary State by adopting Second Amendment Preservation Act language. It nevertheless contains restrictions as to where this weapon carrying can take place, but pre-empts any federal efforts by the US President to contradict any provision of this Act, as well as prohibits the expenditure of any public funds to enforce any contradictory executive order or Congressional act.
The House passed and sent to the Senate H.3620 the "Clementa C. Pinckney Hate Crimes Act." It contains penalty enhancements for certain crimes that would tack on additional punishments for perpetrators of hate crimes. It would apply to crimes committed against victims based on a perpetrator's belief or perception of the victim's race, color, religion, sex, gender, national origin, sexual orientation, or physical or mental disability, and apply whether or not the perpetrator's perception is correct. It also specifically includes relevant findings made by the US Supreme Court in its Bostock v. Clayton County, Georgia, 140 S.Ct. 1731 (2020), decision.
The House of Representatives concurred in Senate amendments to H.3770, a joint resolution authorizing the expenditure of federal funds disbursed to the state to assist those who are unable to pay rent and utilities due to the COVID-19 pandemic, and enrolled the legislation for ratification. The legislation creates the South Carolina Emergency Rental Assistance Program administered by the South Carolina State Housing Financing and Development Authority (SC Housing), under the direction of its board of commissioners, and establishes an advisory panel to review and monitor the implementation and evaluation of the program and funding. Program assistance addresses renter households in which at least one individual: (a) qualifies for unemployment or has experienced a reduction in household income, incurred significant costs, or experienced a financial hardship due to COVID-19; (b) demonstrates a risk of experiencing homelessness or housing instability; and (c) has a household income at or below eighty percent of the area median. Priority would be given to eligible households where someone has been unemployed for at least ninety days and households with income at or below fifty percent of the area median. The South Carolina Emergency Rental Assistance Program does not administer the share of federal funds that seven South Carolina counties claimed directly by completing the application process to run their own rental assistance programs. Program funds may not be awarded for residents of Anderson, Berkeley, Charleston, Greenville, Horry, Richland, or Spartanburg counties unless there are additional funds remaining after obligating funds to all other eligible residents in the state.
The House amended, approved, and sent the Senate H.3560, a bill making provisions for state employee paid family leave. The legislation makes provisions for twelve weeks of paid family leave for full-time state employees due to the birth or adoption of a son or daughter.
The House approved and sent to the Senate H.3319. This bill would specify that the same federally reimbursable meal must be offered to all students, regardless of whether a student has a meal balance owed to the school. Schools offering food that does not qualify for federal reimbursement (à la carte items) may not allow students to accrue a balance when purchasing items. Schools can only accept cash payments or have prepaid meal cards. Schools and districts may not invoke penalties such as prohibiting field trips or participation in graduation ceremonies for students who owe money for school meals. The state Department of Education must develop a model policy and template for districts to use when it comes to the collection of school meal debt.
The House approved the Committee's amendment and sent to the Senate H.3590. The bill would provide that public school districts may hire noncertified teachers in a ratio of up to twenty-five percent of a school's / career and technology center's teaching staff (if a certified teacher is not available) and if certain requirements are met. Noncertified teachers must possess baccalaureate degrees or graduate degrees with at least five years of workplace experience; no one with an active suspension or revocation of their certificate can be qualified as a noncertified teacher; an individual may only serve as a noncertified teacher for a period of two school years (unless it is demonstrated that further qualifications are being pursued). All noncertified teachers must undergo a state criminal records check and other security clearances. The state Board of Education would require districts employing noncertified teachers to individually register each such noncertified teacher with the state Department of Education. A district that terminates a registered noncertified teacher from employment would have to notify the department of the termination and the reason for termination within thirty days after the termination.
The House adopted the Committee amendment, further amended, gave second reading and ordered to third reading H. 3588 XE "H.3588" , a bill that would strengthen requirements of high school seniors seeking LIFE scholarships. The legislation would require successful completion of at least one unit of credit in mathematics or computer science and one unit of credit in English/language arts during the senior year of high school (which may be accomplished by dual enrollment during the senior year beginning in July 2025). However, students with a cumulative grade point average of 4.0 or greater are exempt from having to take a unit of credit in mathematics or computer science and a unit of credit in English/language arts during their senior year. These same provisions are also extended to the SC Hope scholarship. The bill also establishes a minimum ACT score of 22 for LIFE eligibility instead of having the ACT score tied to concordance with a score of 1100. The bill excludes members of the 2024 - 2025 senior class from these requirements. In an effort to ensure clarity, an easily identifiable and uniform notation that shall be prominently included on an eligible student's official high school transcript shall evidence achievement of this particular requirement. The amendment also included elements of H.3017, that would allow a “student who uses a Palmetto Fellows Scholarship to attend an eligible two-year institution shall receive a maximum of four continuous semesters, and may continue to use the scholarship to attend an eligible four-year institution, subject to the maximum number of semesters for which the student may be eligible for the scholarship."
The House approved the Committee's amendment and sent to the Senate H.3883. This bill would provide a process for the exemption of competency-based schools from certain applicable laws and regulations and provide requirements for implementing competency-based education in schools. A district that wishes to obtain an exemption may submit a waiver. A waiver application must be approved by the local school district board of trustees, be aligned to the district strategic plan, and provide for the implementation of the strategies described in the waiver application for all students in the school. A district must show evidence of the meaningful steps already taken to engage parents and community stakeholders. The bill states that competency-based education is designed to improve educational outcomes for students by advancing their mastery of concepts and skills. A competency based system in South Carolina must align with the Profile of the South Carolina Graduate and include the core principles, such as, learning outcomes must emphasize competencies that include application and creation of World Class Knowledge; and the development and application of the World Class Skills and Life and Career Characteristics identified in the Profile of the South Carolina Graduate. Competencies must have explicit, measureable, and transferable student learning objectives. Protections are included in the bill, for example, that a local school board of trustees and the state Board of Education may not exempt a school from federal and state laws and constitutional provisions prohibiting discrimination, and protect health, safety, civil rights, and disability rights requirements as applied to other public schools operating in the district. A school under a waiver shall admit all children eligible to attend the school, subject to space limitations, and may not limit or deny admission or show preference in an admission decision to an individual or group of individuals. The state Department of Education shall create evaluation criteria and guidelines for schools that are operating under a waiver. If upon the cyclical review the Department determines that a goal or objective is not being met, the Department shall notify the district and school in writing. The district and school have sixty days to respond, after which the Department may recommend revocation of the flexibility provisions to the state Board of Education. Provisions are included for instructional day calculation and rules governing "unit of credit." Further, it adds "and 'demonstrated competence' means subject mastery as determined by local school board standards and review. Such review may include such methods and documentation as tests, interviews, peer evaluations, writing samples, reports, or portfolios." In awarding units of credit, a "greater emphasis must be placed on a student's mastery of course material rather than completion of predetermined time allotments for courses."
The House adopted, with amendments, H.3465 and sent it to the Senate. The Committee had amended the bill to create a study committee to examine teacher credentialing. The amendment suggests the study must note the correlation between various quality levels of teacher credentials and student outcomes, and recommend policies to strengthen these credentialing requirements, teacher education programs, and the distribution of teachers with higher credentials in districts based on socioeconomic and geographic factors. The committee shall also examine the need for veteran teachers to continue to meet certificate renewal requirements and the benefits and challenges of the state requiring and funding National Board Teacher Certification. The committee of eleven members would be composed of House and Senate members, and would also include education scholars, parents and members with expertise in teacher certification. The House adopted an amendment directing that "Prior to July 1, 2022, each school district shall ensure that all schools within its jurisdiction develop plans for unencumbered daily planning time for all classroom teachers. The planning time must be equal to no less of one quarter of teachers' assigned instructional time, free from meetings, duties, or requirements incompatible with the effective planning of instruction. Plans may include contingencies for extenuating circumstances when insufficient numbers of staff and faculty are not on campus." In addition, each school district must provide the state Department of Education with a plan for implementing summer learning camps. The plans must include curricula to be used in mathematics and English/language arts, methods for notifying parents about the availability of the camps, transportation for students, and any other items.
The House approved and sent the Senate H.3144, a bill establishing in statute the South Carolina Workforce Industry Needs Scholarship (SC WINS) to cover the full cost of a technical college education that equips a student for a career in sector experiencing a high demand for qualified employees. The legislation makes provisions allowing a student who is attending a two-year public technical college and is majoring in an identified critical workforce area program and who is receiving a Lottery Tuition Assistance Program Scholarship (LTAP) for the current school year, to receive an additional South Carolina Workforce Industry Needs Scholarship (SC WINS). The SC WINS scholarship is equal to the cost of attendance, after applying all other scholarships or grants, not to exceed $2,500 each school year for no more than three school years of instruction, including the student's first year. A three hundred dollar yearly book allowance is included for a SC WINS recipient.
The House amended, approved, and sent the Senate H.3899, a bill revising the Exceptional Needs Child Education Tax Credit. The legislation increases from two percent to five percent the amount of the Educational Credit for Exceptional Needs Children's Fund that the public charity may expend for administration costs. The legislation allows the fund to carry forward up to five million dollars of donations into the next year and allows unused tax credits to be carried forward for three tax years.
The House amended, approved, and sent the Senate H.3786, a bill that provides for the salaries of the state constitutional officers, with the exception of the governor and the lieutenant governor, to be based on recommendations of the Agency Head Salary Commission. In order to make its recommendations, the commission is charged with conducting a study every four years to determine a salary range for each state constitutional officer based on their job duties and responsibilities as well as the pay of state constitutional officers in other states.
The House amended, approved, and sent the Senate H.3948, a bill addressing local option sales and use taxes. The legislation provides that a county which has imposed by ordinance a local option transportation sales and use tax in an amount not to exceed one percent within its jurisdiction may impose an additional capital projects sales and use tax in an amount not to exceed one percent within its jurisdiction.
The House amended, approved, and sent the Senate H.4017, a bill to provide for annual state and federal income tax conformity. With certain exceptions, the legislation aligns state income tax provisions with federal Internal Revenue Code provisions. The legislation includes provisions that federal unemployment compensation benefit enhancements received by South Carolinians are not to be taxed at the state level for tax year 2020.
The House concurred in Senate amendments to H.3925 and enrolled the bill for ratification. Section 1 of the Joint resolution would waive the requirement that new homeschooled students must wait one year prior to participating in public school interscholastic activities for the 2020-2021 and 2021-2022 school years. The bill specifically requires that eligible students must have been enrolled in a public school for the beginning of either the 2019-2020 school year or 2020-2021 school year. The Senate added a section that waived the four academic course requirement and required "students must achieve an overall passing average in at least three academic courses and be on track for graduation."
The House gave third reading and sent to the Senate S.698, a joint resolution that went without reference. The resolution authorizes the Department of Agriculture to administer funds derived from all interest and investment revenue of the Warehouse Receipts Guaranty Fund. The funds must be used to pay cotton producer claims for losses incurred. A cotton producer claim must be filed within ninety days of the effective date of this resolution and will be paid in the order in which they are verified and approved by the Department. The bill also outlines that if a cotton producer receives payment for more than one hundred percent of a total loss at any time the excess funds shall be returned to the Warehouse Receipts Guaranty Fund.
The House concurred in Senate amendments and enrolled for ratification H.3549, a bill that authorizes the Department of Natural Resources to offer a hunting or fishing license in the form of a durable hard card. This hard card license is made of plastic or similar material in order for it to be more durable than the paper version. This is optional and those persons who select this option are subject to a six dollar fee of which the issuing vendor may retain one dollar. In addition, the bill allows a person carrying a mobile electronic device, with access to electronic proof of a license, permit, or stamp, deemed to be carrying the license, permit, or stamp.
The House approved and sent the Senate H.3354, a bill making provisions for a property tax exemption for residential rooftop solar energy panels. The legislation provides a property tax exemption for a renewable energy resource property having a nameplate capacity of, and operating at, no greater than twenty kilowatts.
The House amended, approved, and sent the Senate H.4064, a bill clarifying a tax exemption for manufacturing property. The legislation revises a property tax exemption provision to clarify that manufacturing property owned or leased by a public utility regulated by the Public Service Commission does not qualify for the exemption.
The House approved and sent the Senate H.3482, a bill relating to an alternative payment schedule for property taxes. The legislation revises provisions relating to installment payments of property tax to authorize a county to establish an alternative payment schedule.
The House approved and sent the Senate H.3546, a bill that establishes 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.
The House approved and sent the Senate H.3545, a bill that removes statutory references to residential areas on Hunting Island. The legislation makes revisions recommended by the House Legislative Oversight Committee's study of the Department of Parks, Recreation and Tourism.
The House approved and sent the Senate H.3547, a bill that repeals provisions relating to the Fort Watson Memorial and "Family Week in South Carolina." The legislation makes revisions recommended by the House Legislative Oversight Committee's study of the Department of Parks, Recreation and Tourism.
The House amended, approved, and sent the Senate H.4062, a bill providing enhancements for the Public Service Commission charged with oversight of the state's public utilities. The legislation provides authorization for the Public Service Commission to hire qualified, independent third party experts and consultants on a contract basis. In performing its inspections, audits, and examinations, the commission may raise new issues in a proceeding and direct the parties in the proceeding to present legal arguments, legal briefings, or the filing of supplemental testimony on this new issue. The legislation eliminates a provision that allows the Public Utilities Review Committee, which screens PSC candidates, to find someone qualified as a commissioner with a supermajority vote of the committee even though the candidate does not meet the criteria for expertise in pertinent fields.
The House amended, approved, and sent the Senate H.3243, a bill addressing eligibility for occupational or professional licensure. The legislation provides that someone who has a current and valid employment authorization approved by federal immigration authorities shall be eligible for occupational or professional licensure under the purview of the South Carolina Department of Labor, Licensing and Regulation if all other applicable requirements are met.
The House amended, approved, and sent the Senate H.4060, a bill addressing the process for updating and revising the state's building codes. The legislation provides for a more expansive time period for updating and revising South Carolina's residential building codes following the implementation of a revised version of the National Model Residential Building and Safety Codes. The legislation revises the building code review process by providing that at least a two-thirds affirmative vote is required for the South Carolina Building Codes Council to modify, deny, or amend the recommendations for building code revisions that have been reported out of the study committee.
The House approved and sent the Senate H.3524, a bill providing for the extension of a pipeline company exemption. This bill revises 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.
The House approved and sent to the Senate H.3614. This bill would provide that high school seniors shall complete and submit a free application for federal student aid before graduating from high school. Exceptions for students not wishing to complete the form are included and the state Board of Education must develop and adopt a form for the purpose of declining to complete the application.
The House approved the Committee's amendment and sent to the Senate H.3037. This bill states that a person providing medical certification may request the DMV notate a health condition on the back of their driver's license or permit with a caduceus symbol and include health conditions such as neurological disorder, brain injury, neuro- immune condition, mental illness, a disorder that causes seizures, and others (including autism).
The House approved H.3941, a Joint resolution to encourage public school districts to develop emergency sick leave plans using certain federal funds intended for COVID-19 relief. The bill would provide requirements for such plans, provide related support requirements of the state Department of Education, and provide protections for school district employees who use such emergency sick leave. The bill covers related reporting requirements of local school districts and the state Department of Education.
The House approved, as amended, and sent to the Senate H.3164. 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 students receiving home instruction if the tests are made available to students attending public schools in the districts.
The House approved the Committee's amendment and sent to the Senate H.3795. This bill would enact the "Sign Language Interpreters Act" to require a specified level of competence for sign language interpreters used by certain entities of state government, public schools, and hospital systems. A person may provide interpreting services for a state agency or hospital only if they have a recognized certification, register with the Department of Labor, Licensing, and Regulation (LLR), and paying a fee established by LLR. Individuals may operate as a provisional interpreter for two years if they are not certified, but are registered, have paid the fee, and work under the supervision of a certified interpreter. LLR must maintain a "Sign Language Interpreters Registry" and database on its web page. The Department must provide an online registration form for prospective interpreters, and verify that applicants have certification. Persons who violate the provisions of the bill may face a civil penalty of no more than five hundred dollars for each violation, revocation of the registration, or both. The bill does not apply to non-residents who possess a recognized certification and provide interpreting services in the state for no more than twenty days per year. It also does not apply in the cases of emergency where a certified interpreter is not available. If an agency or hospital has more rigorous requirements for interpreter, their standard prevails. The state Department of Education, in consultation with the South Carolina Association of the Deaf and the South Carolina Registry of Interpreters of the Deaf, must develop regulations regarding credentials for sign language interpreters in public schools and special schools.
The House gave third reading and sent to the Senate H.3466, legislation regarding mandatory firefighter training costs reimbursement. This bill requires an employer who hires a firefighter to reimburse the firefighter's former employer for mandatory firefighter training costs if the firefighter is hired within a certain period of time.
The House concurred in Senate amendments and enrolled for ratification H.3071, a joint resolution that creates the Equine Industry Support Measures Study Committee. This resolution examines the potential for further growth of the equine industry and the resulting economic impact. The committee shall study the potential for equine business growth in South Carolina and steps that could be taken to encourage growth such as fostering equine therapy by using 4-H, the Future Farmers of America, and other student programs. In addition, the committee must identify any barriers that exist for equine business growth in South Carolina and how to eliminate or reduce them. The committee is to compare South Carolina's incentives and barriers to other Southeast states as well as nationally.
This seven-member study committee would include two members of the House of Representatives (appointed by the chairman of the Agriculture, Natural Resources and Environmental Affairs Committee); two members of the Senate (appointed by the chairman of the Senate Agriculture and Natural Resources Committee); two members from the equine industry, with one appointed by the Speaker of the House of Representatives and one appointed by the President of the Senate, upon the recommendation of the South Carolina Thoroughbred Owners and Breeders Association; and the Commissioner of Agriculture, or his designee. The study committee shall provide a report outlining its findings and recommendations to the General Assembly by February 15, 2022. The committee shall not recommend a tax or fee increase in its findings and recommendations. The study committee dissolves upon receipt of its report.
Receiving third reading, and sent to the Senate, was H.4006, proposed legislation to extend the sunset date for increased off-premises consumption sales by breweries. This bill would extend their increased authority to make these sales to May 31, 2022. Under a 2020 enactment, this authority was set to expire on May 31, 2021.
Also approved was H.3681 legislation to prohibit Local Government vaping and other electronic smoking device ordinances. After December 31, 2020, political subdivisions could not enact any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing of cigarettes, electronic smoking devices, and/or e-liquid, vapor, tobacco, or alternative nicotine products. Local land use regulations, zoning ordinances, permitting procedures, and land development regulations would continue to apply to these businesses. In addition, use of these products in public areas also would remain subject to local ordinances. Local ordinances enacted prior to December 31, 2020 could be altered or amended by local governments.
The House gave third reading and sent to the Senate H.4098, a joint resolution for Regulation Document Number 5015, Clemson University-State Crop Pest Commission, relating to Asian Long horned Beetle Quarantine, pursuant to the provisions of Article 1, Chapter 23, Title 1 of the 1976 Code.
The House gave third reading and sent to the Senate H.4099, joint resolution for Regulation Document Number 5027, Department of Natural Resources, relating to nonnative wildlife (Restricted Nonnative Wildlife), pursuant to the provisions of Article 1, Chapter 23, Title 1 of the 1976 Code. The regulation adds the Black and White Tegu (Salvator merianae) to the list of Restricted Nonnative Wildlife.
Conference Committees
The Senate nonconcurred in the amendments proposed by the House to H.3589, a bill that would re-designate certain schools from their previous designation as a "schools of choice" to "schools of innovation." The House insisted upon its amendments and appointed Representatives Allison, Alexander and Felder to the Committee of Conference. The Senate named Senators Setzler, Hembree and Rice.
The Senate insisted on its amendments to H.3011 and asked for a Committee of Conference, appointing Senators Bennett, Turner and McElveen on the part of the Senate. The Speaker appointed Representatives West, Henderson-Myers and Morgan to the Committee of Conference on the part of the House. H.3011 is a bill regarding left-hand lane passing. The Senate amendment prohibits a vehicle from driving in the farthest left lane of a controlled access highway of three or more lanes except when overtaking and passing another vehicle (with exceptions). The House bill sent to the Senate involves two lanes and does not prohibit traveling in that lane but 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.
H. 4106 XE "H.4106" , a joint resolution to extend the income tax filing due date for individuals from April 15, 2021 until May 17, 2021 was recommitted because DOR accomplished this administratively.
This committee did not meet.
This Committee did not meet.
The committee issued a favorable report, with amendment, to H.3681, proposed legislation to pre-empt local government electronic smoking device ordinances. After December 31, 2020, political subdivisions could not enact any laws, ordinances, or rules relating to ingredients, flavors, or licensing of cigarettes, electronic smoking devices, e-liquid, vapor, other tobacco products, or alternative nicotine-containing products, if this proposal becomes law. Business license ordinances, land use regulations, zoning, permitting, and land development restrictions would still be effective on these businesses, however. In addition, as amended, use of these products in public areas would still be subject to local ordinances. Ordinances enacted before December 31, 2020 could be amended by local governments and remain in effect.
This Committee did not meet this week.
This Committee did not meet this week.
The Ways and Means Committee met on Tuesday, April 6, and reported out two bills.
The committee gave a report of favorable with amendments on H.4017, a bill to provide for annual state and federal income tax conformity. With certain exceptions, the legislation aligns state income tax provisions with federal Internal Revenue Code provisions. The legislation includes provisions that federal unemployment compensation benefit enhancements received by South Carolinians are not to be taxed at the state level for tax year 2020.
The committee gave a report of favorable with amendments on H.3786, a bill that provides for the salaries of the state constitutional officers, with the exception of the Governor and the Lieutenant Governor, to be based on recommendations of the Agency Head Salary Commission. In order to make its recommendations, the commission is charged with conducting a study every four years to determine a salary range for each state constitutional officer based on their job duties and responsibilities as well as the pay of state constitutional officers in other states.
S.556 Fur Bearing Animals Sen. Goldfinch
Among many things, this bill removes the license requirement for persons who trap fur-bearing animals.
H.4177 Waterfowl Advisory Committee Rep. Lowe
The bill establishes the Waterfowl Advisory Committee to assist in the management of waterfowl habitats, assist in the development, protection, and propagation of waterfowl in this state. The bill also establishes a statewide Waterfowl Program Manager within the Wildlife and Freshwater Fisheries Division of the Department of Natural Resources.
S.40 Beach Parking Sen. Grooms
This bill would provide that municipalities may not establish or alter parking facilities on any state highway facility without the prior approval of the Department of Transportation (DOT). In addition, those restrictions on the use of state highway facilities by a municipality are subject to prior approval by the DOT. The bill would provide that parking on state highway facilities located on barrier islands is free and any restrictions may only be made by the DOT. The bill, for the purposes of one section, defines highway to include "the entire area within a highway right of way, including the shoulders and parking areas." The bill includes that the fine for violations is calculated on a per-day basis and provides that obstructions on any portion of a public highway must be removed as soon as possible by the governmental entity responsible for maintaining the highway. Another amendment states that parking facilities on state highway facilities located in beach communities that are eligible for beach renourishment funds must include free public beach parking; may include paid public beach parking; and may only be restricted by the Department if the Department determines that the restrictions are necessary under the circumstances. Further language specifies how any revenue from parking can be spent.
S.296 Golf Cart Permits Sen. Climer
This bill relates to the Department of Motor Vehicles' issuance of golf cart permits and the operation of golf carts along the state's highways and would provide that a municipality of a certain size and population may adopt an ordinance that allows for the operation during non-daylight hours of golf carts that are equipped with working headlights and rear lights.
S.615 Interscholastic Activities Sen. Young
This bill relates to nonpublic school student participation in the interscholastic activities of public schools and would provide limited situations in which high school students who attend private schools may participate in high school league sports offered at public high schools. Amended by the Senate.
S.667 Outdoor Advertising Sen. Grooms
This bill would provide options and parameters to adjust or relocate outdoor advertising signs to restore visibility, and provide for the costs of adjustment or relocation.
S.704 Classroom Instruction Sen. Hembree
This joint resolution would provide for a return to five-day, in-person classroom instruction for the 2020-2021 and 2021-2022 school year, and to suspend the earnings limitation under certain terms and for certain members of the South Carolina Retirement System. The Senate further amended the bill to include a prohibition of "dual-modality instruction."
H.4151 Special License Plates Rep. Simrill
This comprehensive bill would change the term of certain special license plates from biennial to annual, with adjustments to fees charged.
H.4152 Teacher Preparation Program Rep. Allison
This bill would provide that teacher preparation program providers may implement plans to ensure undergraduate teacher candidates meet certain basic academic skill proficiency requirements before being fully admitted as teacher candidates.
H.4171 Additional Paid Leave Rep. R. Williams
This bill would provide that an employee may be granted by his employer a specified amount of additional paid leave each year for the purpose of attending certain elementary and secondary school conferences or activities during the employee's work hours or to engage in certain volunteer teaching activities in the schools. The bill would also provide that the employers of these employees are entitled to a specified state income tax deduction for these activities.
H.4172 "Healthy Students Act" Rep. R. Williams
This bill would enact the "Healthy Students Act." Certain sections are retitled "Physical Activity, School Health Services, and Nutritional Standards". The bill would require ninety minutes of weekly physical activity for middle school and high school students. The bill expands the reporting requirement to second grade students. The Department of Education it is to provide a summary report of the fitness status of students in certain grades in each school district. The bill removes the "academic school year" as the prescribed time. Relating to elementary school meal and competitive food nutritional requirements.
H.4141 Pretrial Intervention Participation More Than One Time Rep. R. Williams
A proposal to remove any prohibition on offenders signing up for pretrial intervention [PTI] solely because they have been previously accepted into PTI.
H.4142 Hate-Crime-Based Assault and Battery of a High and Aggravated Nature Rep. R. Williams
When someone selects any victim to injure intentionally due, in whole or in part, to that person's belief or perception regarding any victim's race, color, creed, religion, sex, gender, age, national origin, ancestry, sexual orientation, physical or mental disability, or homelessness, whether or not the perception is correct, then that person could be charged with assault and battery of a high and aggravated nature under this proposed legislation.
H.4144 Failure to Pay a Traffic Ticket Cannot Constitute Being a Habitual Offender Rep. Pendarvis
Suspension of a driver's license for failure to pay a traffic ticket could no longer be considered a habitual offender offense if this bill is enacted.
H.4147 Golf Cart Seat Belts Rep. Simrill
Golf carts would have to be equipped with seat belts at each designated seating position if this proposal becomes law. All riders on the cart, including the driver, would have to wear it.
H.4148 Bad Faith Assertion of Copyright Infringement Rep. Hixon
Proposed legislation to declare as an unlawful trade practice, anyone making a bad faith assertion of copyright infringement. It also sets out the criteria for determining these instances, as well as the remedies available, when they occur.
H.4150 Voting and Absentee Ballot Reforms Rep. B. Newton
This bill would establish a fourteen-day period preceding the general election for electors to cast an early in-person ballot. Each county board of voter registration and elections could establish up to six early in-person voting locations based on the number of registered voters residing in that county. County boards of voter registration and elections, in their discretion, may establish these early voting locations for primaries, primary runoffs, and special elections. It also would specifically prohibit absentee ballot drop boxes for receiving or collecting completed absentee ballots. In addition, any voter registration completed thirty days or less before any election would not be valid for that election, nor any second race or runoff resulting from that election. As a final feature in this proposed legislation, the tabulation of absentee ballots could begin at 7:00 a.m. on the calendar day immediately preceding Election Day.
H.4153 "Save Women's Sports Act" Rep. Trantham
The "Save Women's Sports Act" seeks to ensure continued inclusivity of females in secondary school sports. To do so, it proposes that public and private middle school and high school team members must be designated based on that athlete's biological sex. Schools and athletes complying with the provisions of this bill would be afforded protections, and have legal remedies, for doing so.
H.4154 Federal Minimum Wage for Prison Industries Workers Rep. R. Williams
Employment of inmates in the prison industries program, must be negotiated by the Department of Corrections with vendors so that these inmates are paid at least the federally established minimum wage under this bill.
H.4156 Free Publically Owned Gym Time for General Assembly Members Rep. R. Williams
Members of the General Assembly could use athletic clubs or gymnasiums owned by state or local agencies, entities, commissions, or institutions without charge if this bill is enacted.
H.4157 "Sexual Assault Survivors' Bill of Rights Act" Rep. R. Williams
Seeks to establish a "Sexual Assault Survivors' Bill of Rights Act."
H.4158 Gun Owners Reporting Lost or Stolen Weaponry Rep. R. Williams
Anyone lawfully possessing firearms would be required to report their loss or theft under this proposal.
H.4159 Keeping Trains Moving Rep. R. Williams
Trains would be prohibited from blocking city four-lane street intersections during certain times of day if this bill is enacted.
H.4162 Additional Absentee Ballot Application Information Rep. Fry
This proposed legislation would require absentee ballot applications to contain a voter's date of birth, South Carolina driver's license number, personal identification card number, or other ID with a photograph that has been issued by the South Carolina Department of Motor Vehicles.
H.4184 Nicotine Products Rep. Bernstein
Retail outlets would have to check purchasers' identification before selling them tobacco products or alternative nicotine products if this legislation becomes law.
H.4185 No Protected Person Isolations Rep. Thayer
A proposal to limit the ability of a guardian or conservator to isolate a protected person. It also sets out proposed mandatory notification procedures when certain contingencies involving a protected person occur.
S.236 Pooling City Election Precincts Sen. Young
City election precincts could be pooled so long as the pooled precincts do not exceed three thousand voters. This new amount represents an increase from the former one thousand five hundred voters limit. In addition, these pooled municipal polling places could not be more than five miles, up from three miles, from the nearest part of any pooled precinct, if this proposal becomes law.
S.243 SCDSS Report Information Availability Sen. Young
Information in SCDSS unfounded child abuse and neglect reports, about child fatalities or near fatalities, could be released under this bill.
S.456 Making State-Collected Fingerprint Information Available to the FBI Sen. Alexander
Fingerprints and related information collected by state agencies could be shared by the South Carolina Law Enforcement Division with the Federal Bureau of Investigation under this proposal.
S.499 "South Carolina Election Commission Restructuring Act" Sen. Campsen
Under the proposed "South Carolina Election Commission Restructuring Act," the Senate President and House Speaker would have the right to intervene and have legal standing on behalf of their respective legislative bodies in any actions to challenge the validity of an election law, an election policy, or the manner in which an election is conducted to the state election commission. It also revises the membership of the commission to consist of five members appointed by the governor upon the advice and consent of the Senate. Revises the procedure for appointing the state election commission executive director.
S.631 "South Carolina Electronic Notary Public Act" Sen. Talley
Similar to the House Bill H.4063 that was introduced, the "South Carolina Electronic Notary Public Act" sets out procedures and training requirements for the electronic notarization of legal documents.
S.304 Electric Vehicle Charging Stations Sen. Climer
This bill provides for when a person or corporation using an electric vehicle charging station is not an electric utility. The legislation provides that any increase in customer demand or energy consumption associated with transportation electrification shall not constitute revenues for an electrical utility.
S.425 Protection of Vulnerable Adults from Financial Exploitation Sen. Alexander
This bill establishes provisions for the protection of vulnerable adults from financial exploitation. The legislation authorizes banking institutions to decline certain financial transaction requests in cases of the suspected financial exploitation of a vulnerable adult.
S.435 Travel Insurance Sen. Cromer
This bill revises provisions governing travel insurance.
H.4149 Whistleblower Protections for Public Utility Employees Rep. Ott
This bill prohibits a public utility from taking adverse employment action against an employee who made a report of wrongdoing by the public utility to the Office of Regulatory Staff. The legislation establishes remedies if a public utility takes adverse employment action against an employee who made a report of wrongdoing.
H.4155 Motor Fuel Pricing Rep. R. Williams
This bill provides that every retail motor fuel outlet selling fuel for motor vehicles at retail, including gasoline, gasohol, diesel, or blended fuel must charge a price per gallon not stated or computed in fractional cents and must advertise or display this price in like amounts.
H.4160 Penalties on Public Utility Electric or Gas Bills Rep. R. Williams
This bill provides that a public utility that supplies electricity or natural gas may not transfer or apply a delinquent, late, overdue, or unpaid balance from one account to another account held individually or jointly in the same customer's name.
H.4164 Exemption for Seniors from Electric and Natural Gas Utility Surcharges Rep. Rivers
This bill provides that a public utility that supplies electricity or natural gas must exempt ratepayers sixty-five years of age or older from any surcharge related to the collection of payments.
H.4169 Direct Primary Care Agreements Rep. Thayer
This bill establishes that a direct primary care agreement is not a contract of insurance and is not subject to regulation by the Department of Insurance.
H.4170 Restroom Access at Retail Businesses Rep. R. Williams
This bill provides that the restroom facilities in any place of business in this state of a retailer selling tangible personal property must be available for use by purchasers or prospective purchasers entering this place of business upon their request.
H.4179 Regulation of Athletic Trainers Transferred to the Board of Medical Examiners Rep. West
This bill transfers regulatory authority of athletic trainers to the Board of Medical Examiners and eliminates provisions for the regulation of athletic trainers by the Department of Health and Environmental Control.
S.227 Massage Therapy Practice Sen. Shealy
Among many things, the bill provides for the composition and duties of the Board of Massage Therapy and provides that the Department of Labor, Licensing and Regulation publish a roster of licensed massage therapists and establishments.
S.455 Temporary Licensure for Graduate Nurses Sen. Davis
The bill creates an additional category of temporary licensure for graduate nurses and prescribes criteria for obtaining temporary licensure as a graduate nurse.
S.503 Advanced Practice Registered Nurses Sen. Hutto
This bill addresses medical acts that can be performed by advanced practice registered nurses and physician assistants to include issuing orders for certain home health services.
H.4143 Mounted Red Lights on Wreckers Rep. R. Williams
The bill outlines that wreckers must use their non-red flashing warning lights when picking up another vehicle.
H.4145 Community Residential Care Facilities Rep. Calhoon
The bill outlines that as a condition of licensure of a community residential care facility, there must be on duty sufficient staff members or direct care volunteers to provide supervision, direct care, and basic services for all residents.
S.154 Recovering Court Costs When Parties Prevail in Tax Cases Sen. Martin
This bill revises provisions relating to the collection and enforcement of taxes levied and assessed by the South Carolina Department of Revenue to establish criteria under which a taxpayer that prevails in an action or proceeding to recover a tax or penalty is entitled to reasonable attorneys' fees and costs associated with defending the action or proceeding.
S.195 Property Tax Notices for Vehicles and Boats Sen. Hembree
This bill requires property tax notices to include the fair market value used for vehicles and boats.
S.461 "South Carolina Pay-for-Success Performance Accountability Act" Sen. Alexander
This bill establishes a performance accountability trust fund that is to be used for pay-for-success contracts (under which the state contracts with a private sector organization to achieve specifically defined measureable outcomes in which the state pays only to the extent that the desired outcomes are achieved).
S.463 Geothermal Machinery Tax Credit Extension Sen. Alexander
This bill provides for an extension of the tax credits for the purchase of geothermal machinery and equipment so that these tax credits are set to expire at the beginning of 2032 instead of 2022.
S.527 Application of Property Taxes When Homeowners Are Legally Separated Sen. Alexander
This bill revises property tax provisions to establish a protocol for the application for the special four percent assessment ratio for owner-occupied residential property in situations where individuals are legally separated.
S.627 Taxation of Pass-Through Trade and Business Income Sen. Bennett
This bill makes revisions to income tax provisions relating to pass-through trade and business income, tax partnerships, and "S" corporations.
S.689 South Carolina Individual Income Tax Deadline Extension Sen. Leatherman
This joint resolution provides that for purposes of the South Carolina individual income tax, for tax year 2020, the due date for returns and payments is extended until the same date as federal returns and payments for individuals are due, as extended by the Internal Revenue Service.
H.4133 Greenville Health Authority Board of Trustees Rep. G. R. Smith
This concurrent resolution reiterates the expectation that the Greenville Health Authority Board of Trustees shall conscientiously and proactively supervise the lessee's compliance with all of its duties and responsibilities enumerated in the Master Affiliation Agreement and the Lease and Contribution Agreement ratified by the General Assembly in Act 274 of 2018.
H.4140 Minimum Wage Scale for Public School Support Staff Rep. R. Williams
This bill makes provisions for a minimum wage scale for public school support staff. The legislation requires publication of the minimum wage scale by the State Department of Education and establishes means for redress.
H.4146 "Livable Homes Tax Credit Act" Rep. Herbkersman
This bill makes provisions for an individual income tax credit for someone who purchases a new residence or retrofits an existing residence, provided that the new residence or the retrofitting of the existing residence is designed to improve accessibility.
H.4176 Permanent Improvement Projects at Public Institutions of Higher Learning Rep. Simrill
This bill revises provisions governing permanent improvement projects to adjust certain cost requirements to qualify as a permanent improvement project at a public institution of higher learning.
H.4186 Incentives Prohibited for Companies of the People's Republic of China or the Chinese Communist Party Rep. Haddon
This bill prohibits the Department of Commerce from offering or awarding any incentive or development grant to any company or development that is at least fifty percent owned or controlled by a company that is owned, in whole or in part, by, or is a subsidiary of, a company that is owned by the People's Republic of China or the Chinese Communist Party. The legislation prohibits any company receiving an incentive from contracting with such prohibited companies.