Legislative Update
April 26, 2021
Vol. 38, No. 14
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 House agreed to the Senate's amendments on S.704. The Joint Resolution, having received three readings in both houses, was ordered enrolled for ratification. S. 704 is a bill that for "the 2020-2021 school year, every school district in the State must offer five-day, in-person classroom instruction to students no later than April 26, 2021. For the 2021-2022 School Year, every school district in the State must offer five-day, in-person classroom instruction to students." The bill would suspend the earnings limitation under certain terms (retired on or before April 1, 2019 and return to otherwise covered employment in the K-12 public education system) for former members of the South Carolina Retirement System. They may earn up to fifty thousand dollars annually without affecting the monthly retirement allowance. The bill includes a prohibition of "dual-modality" (teaching students simultaneously in-person and virtually) instruction, unless it is "reasonable and necessary due to extreme and unavoidable circumstances in order to ensure that all students have access to highly qualified instructors."
The House gave third reading and ordered returned to the Senate with amendments S.38 XE "S. 38" . This bill would enact the Reinforcing College Education on America's Constitutional Heritage Act (or, the REACH Act). This bill would require that each public institution of higher learning instruct in (and all undergraduates shall complete) no fewer than three semester credit hours in American history, American government or other equivalent course of instruction that provides a comprehensive overview of the major events and turning points of American history and government, which includes at a minimum, reading in their entirety: the United States Constitution, the Declaration of Independence, the Emancipation Proclamation, and at least five essays from the Federalist Papers. This bill is very similar to H. 3338 by Representative G. R. Smith. The primary difference between the bills is that the House bill requires reading the Civil Rights Act of 1964 while the Senate bill requires reading the Emancipation Proclamation. An amendment adopted by the House requires the study of "one or more documents that are foundational to the African American Freedom struggle."
The Senate informed the House that it adopted the report of the Committee of Conference on H.3589, Schools of Innovation. The bill was ordered that the title be changed to that of an Act, and that it be enrolled for ratification. The Governor signed it April 23, 2021. The bill would re-designate certain schools from their previous designation as "schools of choice" to "schools of innovation." This designation would relieve a school from following certain statutes, rules, and regulations in allowance and recognition of nontraditional approaches. The bill outlines the steps a school district must follow to achieve the status of exemption. In order to earn this exemption, a district must identify each law, regulation, and policy from which the school is requesting exemption. Not every school in a district may be a school of innovation and a school district cannot have the entire district be a school of innovation. The bill requires approval of two-thirds of a local board and two-thirds of the State Board of Education are necessary to create a school of innovation. The same vote requirement is required for a change to the wavier. Schools of innovation will provide full financial statements detailing how a school receives and expends funds. It also requires schools of innovation to report their academic achievements on the same assessments that are taken by other schools and designate the financial model that will be used. Local districts may not relinquish local control or oversight of a school of innovation.
The House gave third reading, enrolled for ratification, and will be sending to the Governor, S.147 the "South Carolina COVID-19 Liability Immunity Act." It provides liability protections for a set time to health care providers, and businesses, that follow public health guidance in response to the coronavirus public health emergency. It also sets out liability protections for covered entities and covered individuals for coronavirus claims. All defenses to these types of claims will be cumulative. It is retroactively effective to March 13, 2020.
The House gave third reading and sent to the Senate H.3336, a bill which allows a trained volunteer school employee, who is not a medical professional, to administer glucagon or insulin in the case of an emergency to students diagnosed with diabetes. The bill also outlines that a school district may recruit and identify public school personnel to serve as care providers to administer glucagon, insulin (or both) when a licensed registered nurse is not available.
The House approved and enrolled for ratification S.454, a bill that deals with the authorized provision of medications by unlicensed persons in community residential facilities. Currently, unlicensed persons in community residential facilities are authorized to provide medications. This bill extends that authorization to include correctional facilities.
The House passed, and ordered sent to the Senate, H.3369, a bill to require identifying death by opiates training. Coroners and medical examiners would have to complete continuing education on the identification of deaths caused by opiates if this legislation becomes law.
The House gave third reading and sent to the Senate H.3169, a bill that indicates the Department of Health and Environmental Control shall register and provide a "Certificate of Foreign Birth" document for a child born in a foreign country who was a United States citizen at the time of birth and born to a parent that is a resident of the state. The certificate must be labeled "Certificate of Foreign Birth" and must show the actual country of birth. The bill also indicates that the name of the child on the certificate must be the same name displayed on the evidence of United States citizenship.
The House gave third reading and sent to the Senate H.3231, a bill addressing the need for certain persons who were born in a time when births were not registered by the state. This bill allows for an inscribed family bible or genealogical records to be used as documentation for obtaining a delayed birth certificate for births that are not registered.
The House approved and enrolled for ratification S.571. This bill requires an authorized practitioner who prescribes opioids to offer a prescription for Naloxone or another opioid reversal drug. This bill outlines that the offer be made to patients when the opioid drug prescription is for 50 or more morphine milligram equivalents per day; or the opioid drug is prescribed concurrently with a benzodiazepine; or the patient has an increased risk for overdose. The bill further states that a prescriber must educate the patient about overdose prevention and the use of the opioid reversal drug. A prescriber who fails to offer the opioid reversal drug prescription or fails to provide the required education may be subject to discipline by the prescriber's licensure board.
The House gave third reading and sent to the Senate H.3773, a bill allowing restoration treatment as an option for individuals who are found unfit to stand trial, but who are likely to become fit in the foreseeable future. Currently, if an individual is found to be unfit to stand trial but likely to be fit in the foreseeable future, the individual is hospitalized for up to sixty days. In an effort to address some of the Department of Mental Health's concerns for limited resources, this bill will allow these individuals to undergo restoration treatment provided by the Department of Mental Health for up to 180 days. The Department of Mental Health also has the discretion to provide restoration treatment at a hospital or detention facility if an individual is detained, or in a hospital or outpatient basis if the individual is on bond.
The House gave third reading and ordered sent to the Senate H.3956, a bill creating the South Carolina Rare Disease Advisory Council within the Department of Health and Environmental Control. The purpose of the Council is to advise the General Assembly and other governmental agencies on the needs of individuals with rare diseases. Among many things, the Council shall conduct public hearings, consult with experts on rare diseases, research and identify priorities related to treatments, and publish a list of existing, publicly accessible resources on research, diagnosis, treatment, and education relating to the rare diseases in South Carolina on the Council's web site. The Governor shall appoint the chair of the Council (that person shall not hold any position within the government of South Carolina). The chair shall appoint the following: one representative from the South Carolina Department of Health and Environmental Control or Office of Minority Health in the Department; one registered nurse or advanced practice registered nurse licensed and practicing in South Carolina with experience treating rare diseases; one physician practicing in South Carolina with experience treating rare diseases; at least two patients who have a rare disease; at least one caregiver of a person with a rare disease; two representatives of different rare-disease patient organizations that operate in South Carolina; one representative of the biopharma industry; one representative of a health plan company; and one member of the scientific community who is engaged in rare-disease research including, but not limited to, a medical researcher with experience conducting research on rare diseases. Members shall serve without compensation and are ineligible for the mileage, subsistence, and per diem.
The House gave third reading and ordered sent to the Senate H.3998. This bill adds Schedule V controlled substances to the definition of controlled substances and requires DHEC to add Schedule V controlled substances to the Prescription Monitoring Program.
Also receiving third reading and ordered returned to the Senate with amendments was S.229, the South Carolina Child Abuse Response Protocol Act. It requires multidisciplinary teams to be involved in child abuse investigations. They also will have to follow specified child abuse response protocols. These protocols cannot be used by the defense in any criminal prosecutions, nor in any action against any state agency, nor for the dismissal of any criminal charges. An advisory committee will work to review and update these protocols. Finally, it would make children's advocacy centers hold certain accreditation status, or be actively pursuing this accreditation.
The House passed, and ordered sent to the Senate, H.4019 Safe Haven Infant Placement. It would modify current law to allow parents, or anyone acting at the direction of parents, to leave an infant up to one year old at safe havens. Current law only covers infants up to the age of sixty days.
Also given third reading and ordered sent to the Senate was H.4187, legislation affecting tax referendums. These referendums would have to be scheduled at the same time as general elections if it is enacted.
The Senate will also be receiving H.3124 legislation aimed at eliminating county office examinations, after the House gave it third reading this week. It would repeal outdated state code sections that required the attorney general, or circuit solicitors, to examine county officials' offices.
The House gave third reading, enrolled for ratification, and will be sending to the Governor, S.147 the "South Carolina COVID-19 Liability Immunity Act." It provides liability protections for a set time to health care providers, and businesses, that follow public health guidance in response to the coronavirus public health emergency. It also sets out liability protections for covered entities and covered individuals for coronavirus claims. All defenses to these types of claims will be cumulative. It is retroactively effective to March 13, 2020.
The House gave third reading and sent to the Senate H.3336, a bill which allows a trained volunteer school employee, who is not a medical professional, to administer glucagon or insulin in the case of an emergency to students diagnosed with diabetes. The bill also outlines that a school district may recruit and identify public school personnel to serve as care providers to administer glucagon, insulin, or both when a licensed registered nurse is not available.
The House approved and enrolled for ratification S.454, a bill that deals with the authorized provision of medications by unlicensed persons in community residential facilities. Currently, unlicensed persons in community residential facilities are authorized to provide medications. This bill extends that authorization to include correctional facilities.
The House passed, and ordered sent to the Senate, H.3369, a bill to require identifying death by opiates training. Coroners and medical examiners would have to complete continuing education on the identification of deaths caused by opiates if this legislation becomes law.
The House gave third reading and sent to the Senate H.3169, a bill that indicates the Department of Health and Environmental Control shall register and provide a "Certificate of Foreign Birth" document for a child born in a foreign country who was a United States citizen at the time of birth and born to a parent that is a resident of the state. The certificate must be labeled "Certificate of Foreign Birth" and must show the actual country of birth. The bill also indicates that the name of the child on the certificate must be the same name displayed on the evidence of United States citizenship.
The House gave third reading and sent to the Senate H.3231, a bill addressing the need for certain persons who were born in a time where births were not registered by the state. This bill allows for an inscribed family bible or genealogical records to be used as documentation for obtaining a delayed birth certificate for births that are not registered.
The House approved and enrolled for ratification S.571. This bill requires an authorized practitioner who prescribes opioids to offer a prescription for Naloxone or another opioid reversal drug. This bill outlines that the offer be made to patients when the opioid drug prescription is for 50 or more morphine milligram equivalents per day; or the opioid drug is prescribed concurrently with a benzodiazepine; or the patient has an increased risk for overdose. The bill further states that a prescriber must educate the patient about overdose prevention and the use of the opioid reversal drug. A prescriber who fails to offer the opioid reversal drug prescription or fails to provide the required education may be subject to discipline by the prescriber's licensure board.
The House gave third reading and sent to the Senate H.3773, a bill allowing restoration treatment as an option for individuals who are found unfit to stand trial, but who are likely to become fit in the foreseeable future. Currently, if an individual is found to be unfit to stand trial but likely to be fit in the foreseeable future, the individual is hospitalized for up to sixty days. In an effort to address some of the Department of Mental Health's concerns for limited resources, this bill will allow these individuals to undergo restoration treatment provided by the Department of Mental Health for up to 180 days. The Department of Mental Health also has the discretion to provide restoration treatment at a hospital or detention facility if an individual is detained, or in a hospital or outpatient basis if the individual is on bond.
The House gave third reading and ordered sent to the Senate H.3956, a bill creating the South Carolina Rare Disease Advisory Council within the Department of Health and Environmental Control. The purpose of the Council is to advise the General Assembly and other governmental agencies on the needs of individuals with rare diseases. Among many things, the Council shall conduct public hearings, consult with experts on rare diseases, research and identify priorities related to treatments, and publish a list of existing, publicly accessible resources on research, diagnosis, treatment, and education relating to the rare diseases in South Carolina on the Council's website. The Governor shall appoint the chair of the Council (that person shall not hold any position within the government of South Carolina). The chair shall appoint the following: one representative from the South Carolina Department of Health and Environmental Control or Office of Minority Health in the Department; one registered nurse or advanced practice registered nurse licensed and practicing in South Carolina with experience treating rare diseases; one physician practicing in South Carolina with experience treating rare diseases; at least two patients who have a rare disease; at least one caregiver of a person with a rare disease; two representatives of different rare-disease patient organizations that operate in South Carolina; one representative of the biopharma industry; one representative of a health plan company; and one member of the scientific community who is engaged in rare-disease research including, but not limited to, a medical researcher with experience conducting research on rare diseases. Members shall serve without compensation and are ineligible for the mileage, subsistence, and per diem.
The House gave third reading and ordered sent to the Senate H.3998. This bill adds Schedule V controlled substances to the definition of controlled substances and requires DHEC to add Schedule V controlled substances to the Prescription Monitoring Program.
Also receiving third reading and ordered returned to the Senate with amendments was S.229, the South Carolina Child Abuse Response Protocol Act. It requires multidisciplinary teams to be involved in child abuse investigations. They also will have to follow specified child abuse response protocols. These protocols cannot be used by the defense in any criminal prosecutions, nor in any action against any state agency, nor for the dismissal of any criminal charges. An advisory committee will work to review and update these protocols. Finally, it would make children's advocacy centers hold certain accreditation status, or be actively pursuing this accreditation.
The House passed, and ordered sent to the Senate, H.4019 Safe Haven Infant Placement. It would modify current law to allow parents, or anyone acting at the direction of parents, to leave an infant up to one year old at safe havens. Current law only covers infants up to the age of 60 days.
Also given third reading and ordered sent to the Senate was H.4187 legislation affecting tax referendums. These referendums would have to be scheduled at the same time as general elections if it is enacted.
The Senate will also be receiving H.3124 legislation aimed at eliminating county office examinations, after the House gave it third reading this week. It would repeal outdated state code sections that required the attorney general, or circuit solicitors, to examine county officials' offices.
Committee did not meet this week.
The House Education and Public Works Committee met on April 21, and reported out several bills:
The Committee gave a favorable report on S.685. This bill would provide for the compensation of intercollegiate athletes by a third-party for the use of an athlete's name, image, or likeness (NIL). Numerous definitions are provided. The bill provides for guidelines and safeguards to protect both the student athletes in college athletics from misuse or abuse of contracts. Per RFA's FI summary: the bill establishes provisions for an intercollegiate athlete to earn compensation for the use of his name, image, or likeness (NIL). Compensation may only be provided by a third-party, and may only be for third-party endorsements, the athlete's non-athletic work product, or activities related to a business that the athlete owns. Such activities may not take place during the student's academic, athletic, or team-mandated activities. In addition, compensation may not be earned for the endorsement of tobacco, alcohol, illegal substances or activities, banned athletic substances, or gambling. For the purposes of this bill, "third-party" is defined as any entity other than the institution of higher learning in which the intercollegiate athlete is enrolled. This bill also allows student athletes to obtain an athlete agent for the purposes of securing compensation for their NIL. Athlete agents must be registered by the Department of Consumer Affairs (DCA). A grant-in-aid awarded to the athlete by an institution of higher learning is not considered compensation. Such an award may not be revoked or reduced as a result of the athlete earning compensation. Compensation earned for the use of an athlete's NIL may not be used to limit athletic grant-in-aid, but may be used in the calculation or his need-based financial aid. Earning compensation in compliance with this bill does not affect the student's athletic eligibility. The bill prohibits compensation for the student's athletic participation or performance, or for his attendance at a particular institution. In addition, use of such compensation by an institution or its boosters as a recruiting inducement is prohibited. The athlete may not use his institution's facilities, uniforms, or intellectual property in connection with the use of his NIL. An institution of higher learning and its athletic conference are prohibited from directly or indirectly creating or facilitating compensation opportunities for an athlete. In addition, an institution and any entity that supports or benefits the institution or its athletic programs may not directly or indirectly compensate an athlete for the use of his NIL. An institution of higher learning may only prohibit an athlete from using his NIL for compensation if that use conflicts with an existing sponsorship agreement or the institution's values. The bill provides guidance on disclosure of information by the institution, the athlete, and the agent representing the athlete.
The committee gave a favorable report on S.241. This bill relates to the definition of "covered individual" for the purposes of tuition rates for military personnel and their dependents. The bill would eliminate the requirement that a veteran or dependent enroll in a public institution of higher education within three years of the veteran's discharge in order to receive educational assistance. Failure to comply entails serious consequences from the federal government.
The Committee gave a favorable report on S.667. 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. This bill permits the owner of an outdoor advertising sign whose property is acquired by highway projects the option of relocating the sign to a position within five hundred feet of the original site or alter to where no portion of the sign overhangs the right of way. Also, the owner of an outdoor advertising sign, in which its visibility has been obscured by a project, has the option to alter the height or angle of the sign, or relocate the sign. This bill transfers the responsibility for compensation under a local highway project to the political subdivision responsible for the local highway project.
The Committee gave a favorable report on S.40, a bill that 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). The bill would provide that parking 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. The bill 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. Further language specifies how any revenue from parking can be spent (to possibly include public beach parking facilities, beach access maintenance and were nourishment, traffic and parking enforcement, first responders sanitation, and litter control for beaches.
Regarding S.201, the Committee struck and inserted modified language from H.3610. (S. 201 and H. 3610 are very similar bills). Earlier in the year, the House passed H. 3610 which revises the accountability measures available to the State Superintendent of Education. The amendment to S. 201 incorporates language defining "chronically underperforming schools," "underperforming schools" and "underperforming district." The Senate uses report card ratings while the House uses the percentage of students scoring at certain levels on state assessments. The Senate version is a more definitive way to classify schools but the Committee found the issuance of the report card, especially for consecutive years, has been very inconsistent. The House's language states that if the Superintendent of Education determines that the school's turnaround plan results are insufficient, a state of emergency can be declared. Both versions provide for a state of emergency if the school is chronically underperforming, a school's accreditation is denied, or the turnaround plan is insufficient. The state Superintendent can declare a state of emergency for a district if the district has been underperforming for three consecutive years. The amendment adds "or five of the last seven years." Interim boards consist of one member appointed by the governor, three by the local legislative delegation, and one by the state superintendent in consultation with the local delegation. The amendment calls for one appointment by the local legislative delegation and three by the superintendent with consultation.
The Committee gave a favorable report on S.607 XE "S. 607" , which relates to the removal of members of a charter school board of directors for cause or due to incapacity. The bill clarifies the bases for removal in provides resulting membership vacancies must be filled pursuant to certain bylaws of the charter school. The bill removes the Charter School District from these provisions.
The Committee gave a favorable report on H.3006. This bill would prohibit public schools or district from using 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 ("provisions of this act apply to debts on student lunch and breakfast accounts outstanding on the effective date of this act and incurred after the effective date of this act."). The act takes effect upon approval by the Governor.
The Committee amended and gave a favorable report on H.3591, the teacher preparation report card. This bill would improve the means for evaluating educator preparation programs to train new teachers by directing several agencies to develop and annually publish before November 1 an online report card known as the "South Carolina Teacher Preparation Report Card." The report will evaluate the ability of educator preparation programs including alternate programs, to train new teachers. The bill also would require SDE to share data regarding the graduates of the various preparation programs with the respective providers. In addition to the State Board of Education, the Department of Education and the South Carolina Commission on Higher Education, the committee amendment adds the Center for Research on Teacher Education (SC-TEACHER). These entities will form a commission to conduct a detailed assessment of the teacher data infrastructure, develop metrics, determine weightings, construct a data upload system and create reports regarding educator preparation programs. The educator preparation report card must be published on the websites of SDE, CHE and educator preparation programs. Data on "nationally normed performance assessments that are data and evidence-based and can assess teacher effectiveness" are to be used.
The Committee gave a favorable report on H.3943. This bill would provide that a truck towing a vehicle utilizing a fifth wheel assembly may tow one additional vehicle. The combined pickup truck and trailing vehicles may not exceed a total of 75 feet and the weight of the trailers must not exceed 3,000 pounds.
The Committee amended and gave a favorable report on H.3219. This bill would direct the Department of Social Services to establish a program to pay for certain expenses (if funds are available) incidental to becoming legally authorized to drive for children fifteen years of age or older who reside in 'out-of-home" care, including foster children. Covered costs are the driver's license fee, motor vehicle insurance, among others. The bill also addresses insurance and other liabilities involving foster parents.
The Committee amended and gave a favorable report on H.3730. This bill would provide the additional circumstance of "other on-track equipment" that would require a driver of a motor vehicle to stop a vehicle approaching a railroad grade crossing in order to obey a signal that indicates an approaching train.
The Committee amended and gave a favorable report on H.3592. This bill regards the statewide assessment program to promote student learning and student performance. It establishes that an 'interim assessment' (amended), means a test that may be administered at least once, but no more than three times, over an academic year. The bill has details governing the frequency of tests (and exceptions). This bill would delete the requirement for an end of course assessment in United States history. The course would still be required. Specific diagnostic information must be included, among which is certain related information that districts and schools shall provide parents or guardians of students being assessed (including that if the assessment is administered more than once during the school year, information provided to the teacher and parent or guardian must document all prior administrations of the assessment so that the parent or guardian can determine the progress of the student). The bill would require the administration of the ACT (with the writing assessment) to eleventh grade students beginning with the 2021-2022 school year and for five years thereafter. The department shall procure a college readiness assessment provider that includes sections in mathematics, English, writing, and science. Further, that beginning with the 2022-2023 school year the Department shall embed items in standards-based assessments to address certain social studies standards on the SC Ready reading and writing assessments. Amended language ensures that the SC READY assessment remains the main determinant regarding whether a student needs additional assistance. The amendment also made a few technical changes ("interim" instead of "formative" regarding assessments) and clarified language and intent (including that there is to be only one assessment given to students over the course of the school year except for assessments that are designed to be administered more than once but not more than three times.
Receiving a favorable report, with one amendment, was H.3050 covering Noncertified Law Enforcement Officer Chaperones. This bill limits noncertified law enforcement officers from performing any law enforcement duties unless they are accompanied by a certified law enforcement officer. It also has language limiting the use of chokeholds, and spelling out additions to the use-of-force continuum, vehicle pursuit standards, officers' duties to intervene in actions by other officers, use of no-knock warrants, and use of body cameras. Also proposed in the amendment the committee included in its report, law enforcement agencies must fully cooperate in any investigations performed by the Law Enforcement Academy or its Law Enforcement Training Council, or face penalties for not doing so.
It gave a favorable report to H.3124 Eliminating County Office Inspections. This bill seeks repeal of the statutory requirement for the attorney general or circuit solicitors to inspect county officials' offices.
Also receiving a favorable report, with amendments, was H.3205 proposing a Constitutional Convention of the States. It would authorize 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. No proposed amendments could amend, modify, or repeal any provision of the US Constitution Bill of Rights, nor its 13th, 14th, or 15th Amendments under this pending legislation.
The Committee issued a favorable report on H.3369 Identifying Death by Opiates Training. Under it, coroners and medical examiners would have to complete continuing education covering the identification of deaths caused by opiates under this proposal.
A favorable report, with amendment, was given to H.3623 Earlier Early Inmate Release Eligibility and Stricter Fentanyl and Fentanyl-related Substances Enforcement. Inmates in jail for no parole offenses would become eligible for early release, discharge, or community supervision after serving sixty five percent of certain drug offense sentences. This proposal also reduces some criminal penalties and revises weight presumptions for the unlawful possession, manufacture, and trafficking of some controlled substances. It proposes to eliminate mandatory minimum sentences, as well, if enacted. However, it contains much more stringent penalties for possession, sale, or distribution of fentanyl and fentanyl-related substances.
A favorable report was given to H.3927 General Sessions Court Case Transfers. Criminal cases with penalties not exceeding three years, could be transferred from general sessions court under this bill. Current law limits transfers for charges with one year or less in potential jail time.
H.3939 Compensable Mental Injuries to Law Enforcement Officers received a favorable report with amendment. First responders, defined in the amendment as law enforcement officers and firefighters employed by state or local governments, would be covered. When they are injured, they could be considered for compensation for stress, mental injury, or mental illness injuries medically diagnosed as anxiety disorder, conduct disorder, depression, obsessive-compulsive disorder, sleep-wake disorder, or post-traumatic stress disorder after these first responders are involved in significant traumatic experiences within the scope and course of their employment. Current law exempts these injuries from consideration for these awards.
A favorable report was issued to H.4019 Safe Haven Infant Placement. This bill would modify current law to allow parents, or someone acting at the direction of parents, to leave infants up to one year old at safe havens. Current law only covers infants up to the age of 60 days.
Also given a favorable report, with amendment, was H.4075 Sex Offender Registration Exemptions. If passed into law, it would allow second degree criminal sexual conduct with a minor offenders who are 18 years old, or younger, as well as those offenders engaging in consensual sex who are also minors, to be released through an order issued by any court with competent jurisdiction, from any sex offender registration requirements.
This committee issued a favorable report to H.4187 Tax Referendums. Should it become law, tax referendums would have to be scheduled at the same time as general elections if this proposal is enacted.
It issued a favorable report on S.147 the "South Carolina COVID-19 Liability Immunity Act." This proposed legislation would extend liability protections for a limited time to health care providers and businesses that follow public health guidance in response to the coronavirus public health emergency. It also would be made retroactively effective to March 13, 2020.
One last bill receiving a favorable report, with amendment, was S.229 the South Carolina Child Abuse Response Protocol Act. It proposes requiring 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 advocacy centers hold certain accreditation status, or be actively pursuing their accreditation. The recommended amendment would prevent the use of noncompliance with these protocols by the defense in any criminal prosecutions, nor could it be used for dismissal of these charges. As an additional feature of this bill, protocol noncompliance could not be used as a cause of action against any of the protocol team members, including any prosecutor, law enforcement personnel, or multidisciplinary team member.
The House Labor, Commerce and Industry Committee met on Thursday, April 22, and reported out several bills.
The committee gave a favorable report on S.467. This bill makes comprehensive revisions regarding the organization and operation of banks and other financial institutions in order to update South Carolina's banking laws and allow for greater consistency with laws and regulations outside the state.
The committee gave a favorable report on S.623, a bill revising provisions governing automobile insurance premium rate increases in order to afford insurers greater flexibility and provide better alignment between South Carolina's laws and the regulatory practices of other states. Insurers are limited to two rate increases per year. The legislation includes file and use provisions that allow insurers to implement smaller increases, no greater than seven percent, without first obtaining approval from the Director of the Department of Insurance.
The committee gave a favorable with amendment report on S.304, a bill establishing conditions under which a person or corporation who uses electric vehicle charging stations to resell electricity to the public for compensation is not considered 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. A Joint Committee on the Electrification of Transportation, composed of appointees from the Senate and House of Representatives, is established to study the challenges and opportunities associated with the electrification of the transportation sector and make recommendations to the General Assembly to enable a fair, efficient, and cost effective transition to electric transportation.
The committee gave a favorable report on H.4149, a bill establishing whistleblower protections for public utility employees. The legislation prohibits a public utility from taking adverse employment action against an employee who made a report of waste or wrongdoing by the public utility to the Office of Regulatory Staff. The legislation establishes remedies if a public utility dismisses, suspends, demotes, or decreases the compensation of an employee who made a report of wrongdoing. If the Office of Regulatory Staff determines the employee's report is unfounded, or amounts to a mere technical violation, and is not made in good faith, the public utility may take disciplinary action including termination.
The committee gave a report of favorable with amendments on S.510, a bill addressing motor vehicle manufacturers, distributors, and dealers. The legislation makes comprehensive revisions to the laws governing the operation of manufacturers, distributors, and dealers of motor vehicles and the franchise relationships that exist among them.
Committee did not meet this week.
The committee did not meet this week.
S.635 Research Authority Board of Trustees Sen. Setzler
This bill would provide that the board of the South Carolina Research Authority consist of certain university presidents and provide that the executive committee shall elect two additional members who are not required to be trustees at the time of their election. The bill would also provide that the board may invest in certain obligations of private entities. The authority may allow a company to remain in an innovation center for up to five years or until exceeding five million dollars but does not apply with respect to thirty-five percent of the square feet in an innovation center. And the bill would provide that if the aggregate credit amount is not met in a certain timeframe then the single taxpayer maximum credit is increased to one million dollars.
H.4229 "South Carolina Fairness, Accountability, and Integrity in Redistricting Act" Rep. Cobb- Hunter
A proposal to establish the "South Carolina Fairness, Accountability, And Integrity in Redistricting Act." It would establish the parameters before any apportionment plans could be created by the General Assembly.
H.4230 State Employee Paid Leave for Miscarriage Deaths Rep. T. Moore
Paid leave for state employees, in the case of the death of an immediate family member, would include a child whose unplanned death was the result of miscarriage or still-birth if this bill is enacted.
H.4231 Pregnancy Expenses Responsibility for Biological Fathers Rep. Stringer
Biological fathers would have to pay fifty percent of the mother's pregnancy expenses, if this legislation becomes law.
H.4232 Removing Restrictive Covenants Rep. Pendarvis
This bill is an effort to allow certain individuals to record documents to remove restrictive covenants on real estate that are preventing its transfer. It also sets out a proposed process for doing so.
H.4240 Constitution Day Rep. J. L. Johnson
An effort to establish May 10th of each year to be designated Constitution Day in our state, which would replace Confederate Memorial Day observances.
H.4242 Indigenous Peoples' Day Rep. J. L. Johnson
A bill to designate the second Monday in October each year as Indigenous Peoples' Day" in South Carolina.
H.4244 No More Adverse Possession of Real Estate Rep. Bustos
This legislation seeks to abolish the doctrine of adverse possession of real estate. All related existing South Carolina Code Sections would also be repealed in order to give this abolition full force and effect.
H.4246 Firearms for Animal Control Officers Rep. Finlay
If passed, this legislation would allow counties and cities to enact ordinances to allow their Class 3 animal control officers to carry firearms.
H.4248 No Inmate Conversation Monitoring Rep. Rutherford
A proposal to prohibit state, county, or municipal detention facilities from intercepting, recording, monitoring, or divulging any telephonic communications between inmates and others under specified circumstances.
H.4249 Inmate Work Program Rep. Chumley
This legislation would establish a state work program to be overseen by the Department of Corrections. Inmates would be given credit against their sentences for time they spend in meaningful program participation.
H.4251 Restoring Convicted Criminal Offenders' Eligibility to Hold Public Office Rep. Gilliard
A resolution that proposes an amendment, to Section 1, of Article VI of the 1895 South Carolina Constitution. If approved, it would shorten --to one year after convicted criminal offenders complete their sentence, probation, or parole-- to restore their eligibility to hold elective office.
H.4255 State Election Reforms Rep. Long
This legislation seeks several reforms to current state election laws. Among other things, it would add various security measures for voters and voting, require biennial updates of master registered voter lists, restrict the ability to release any unofficial election results to the state elections official, and require voting machines to have various security features and internal parts made in America. For enforcement purposes, it also increases minimum and maximum sentences to be imposed on anyone convicted of election fraud offenses. Another notable feature is that it would require news media representatives to stay at least 200 yards away from voting locations.
H.4245 Health Insurance Coverage of Prescription Insulin Drugs Rep. J.L. Johnson
This bill requires all individual and group health insurance, health maintenance organizations, and the State Health Plan to cap an insured's monthly cost sharing obligation for covered prescription insulin drugs.
H.4247 African American Confederate Veterans Monument Commission Rep. Chumley
This bill creates the African American Confederate Veterans Monument Commission to determine the design of the monument to Charles Dougherty Hayne and all African American Confederate veterans and its location on the State House grounds.
H.4253 Anesthesiologists' Assistants Rep. Crawford
This bill removes the requirement for licensure applicants for anesthesiologist's assistant to appear before the Board of Medical Examiners and present evidence of certain academic credentials and knowledge of content.
H.4254 Human Milk Banks Rep. Bernstein
The bill requires DHEC to establish a program to regulate and license milk banks that collect, donate, process, sell or distribute pasteurized donor human milk and human milk products.
H.4222 Additional Homestead Tax Exemption Rep. W. Cox
This bill revises the homestead tax exemption to allow for an additional property tax exemption for any increase in value to the home that is attributable to the periodic countywide appraisal and equalization program.
H.4243 Tax Value Adjustment for Property Damaged by Flooding or Hurricanes Rep. Crawford
This bill expands provisions for adjustments in valuation and assessment for purposes of ad valorem property taxation by requiring an adjustment to real property for damages caused by flooding or a hurricane.
H.4252 Enterprise Zone Act and Job Development Tax Credit Revisions Rep. Bannister
This bill revises provisions of the Enterprise Zone Act of 1995 in order to add a definition of "related person" and include a provision that, in order to qualify for benefits, a business must enter into a retaining agreement with a certain technical college. The legislation revises provisions relating to job development tax credits to provide for certain designations of qualifying businesses and to increase the amount of certain gross wages an employee must earn.
An alteration of this Word document will likely cause the index to not correspond to the page numbers. If you convert this document as is to a pdf, the index and the page numbers will remain congruent.
Sources: The source for this document is the House Journal for the 124th Session, 2021-2022, South Carolina General Assembly and committee staff materials.
4/27/2021 8:53 AM
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