Legislative Update
March 6, 2023
Vol. 40, No. 9
South Carolina House of Representatives
G. Murrell Smith, Jr., 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
Vol. 40 March 6, 2023No. 9
(February 28 - March 2)
(February 28 - March 2, 2023)
H.3532, committing crimes while out on bond, passed the full House and was sent to the Senate for consideration and debate.
This measure would impose a mandatory five-year jail term for anyone out on a pretrial bond, or other pretrial release, for committing a statutorily-listed violent crime who is then found, beyond a reasonable doubt, to have committed another, unrelated, and statutorily-listed, violent crime including rape, domestic violence, offenses involving preying on minors, strong arm robbery, weapons offenses, or using weapons to commit these types of crimes while out of jail on bond. This sentence could run consecutively or concurrently, in the discretion of the trial judge.
This jail time could be imposed only after the conclusion of a separate sentencing hearing, to be conducted as soon as possible after a defendant is convicted of the second, unrelated violent crime. If a defendant is found guilty of the second violent crime through a jury verdict, that jury would hear all evidence related to this offense. If a conviction results after a non-jury hearing or guilty plea, the trial judge would hear the entire, relevant evidence as defined in this proposal.
Solicitors would be required to file a 30-Day Notice with defendants of their intent to pursue this charge. They also would have to prove the elements of it beyond a reasonable doubt.
Once the first pretrial bond or other pretrial release is revoked, and a written order has been issued with findings of fact and conclusions of law, a hearing on setting any subsequent bond would have to be held within 14 days of the first bond being revoked. Any subsequent bond in these circumstances would have to be paid in full in US currency, to the exclusion of all other forms of bond, but could be posted either by a defendant or with a bondsman. Motions for revocation or modification of any bond would have to be in writing and heard within 30 days after being filed.
While serving this sentence, offenders would not be eligible for good-time credits, parole, work release, or extended work release. Defendants or prosecutors would still be able to file speedy trial motions for disposition of this offense.
Also approved and sent to the Senate was H.3591, a joint resolution to facilitate a ballot referendum on the question of whether an existing state constitutional provision prohibiting direct public funding for religious or other private educational institutions should be repealed. Historically known as Blaine Amendments, these state constitutional provisions were adopted across the United States in the late 19th and early 20th centuries to prohibit public funding from finding its way to religious or other private educational institutions.
The House gave second reading to H.3857 which codifies Proviso 11.20 of the FY 2022-23 Appropriations Act. This bill allows a state college or university under the Doctoral/Professional University classification to offer college-level baccalaureate, master's, and no more than five professional doctorate or Doctor of Philosophy degrees, and further provides that the mission of these degrees or programs include continued education or employment, limited and specialized research, and public service to the state and local community.
Agriculture, Natural Resources and Environmental Affairs Committee
The Agriculture, Natural Resources and Environmental Affairs Committee met on Tuesday, February 28, 2023, and reported out five bills.
H.3868, legislation designating the second Saturday in November of every year as Women in Hunting and Fishing Awareness Day, was given a favorable recommendation by the Committee.
The Committee gave a favorable report to H.3905, legislation that provides for the filling of a board vacancy on the Edgefield County Water and Sewer Authority for physical or mental incapacitation or for nonattendance.
H.3689, a bill dealing with the time of operation of airboats, was given a favorable recommendation (with amendment) by the committee. The bill outlines that it is unlawful to operate an airboat on the waters of the Broad River in Richland County and Stevens Creek in Edgefield County from one hour before legal sunset to one hour after legal sunrise.
To address the continued reduction of farmland in South Carolina, the committee gave a favorable recommendation (with amendment) to H.3951, legislation that establishes the Working Agricultural Lands Preservation Program. The purpose of the program is to identify and provide permanent protection to strategically significant working farmland properties whose continued availability to commercial agricultural businesses is essential to the long‑term future of the economic sector and to create a fund for qualifying projects under this program. This bill creates a seven-member committee that will administer the program. As a result, the committee will evaluate and verify whether proposed project applications qualify for the program, as well as designate the amount of program funds to be applied to a qualified project. The bill outlines criteria for selection of committee members, as well as criteria for funding projects. This provision takes effect upon approval by the Governor and is contingent upon funding in the General Appropriations Act.
The committee gave a favorable recommendation (with amendment) to H.3433, legislation that requires the Department of Natural Resources to provide notice of the suspension of saltwater privileges or hunting and fishing privileges by mail. The giving of notice by mail is complete ten days after the deposit of the notice and ends the same day the following year. The department must certify that the notice has been sent as required and is presumptive proof that the requirements as to notice of suspension have been met even if the notice has not been received by the addressee. A person may, within thirty days after notice of suspension, request in writing a review. A person whose privileges have been suspended may appeal the decision of the department under the Administrative Procedures Act.
H.3857 codifies Proviso 11.20 of the FY 2022-23 Appropriations Act. This bill allows a state college or university under the Doctoral/Professional University classification to offer college-level baccalaureate, master's, and no more than five professional doctorate or Doctor of Philosophy degrees, and further provides that the mission of these degrees or programs include continued education or employment, limited and specialized research, and public service to the state and local community.
H.3750 XE "H. 3750" adds "planning for repairs to bridges, highways, roads, and other improvements on the state's rights of way" to the list of exemptions from the state procurement code. This would allow the Department of Transportation greater flexibility.
S.361 XE "S. 361" would remove the requirement for preapproval of construction contract extensions by the DOT Commission. Instead, it would require that the Commission ratify any extensions to construction contracts at their next scheduled meeting.
H.3295 allows the State Board of Education to exempt a competency-based school from state laws, policies, and regulations that incumber the implementation of certain competency-based practices. The bill states "Competency-based education is designed to improve educational outcomes for students by advancing their mastery of concepts and skills." And: "competencies with explicit, measurable, and transferable student learning objectives provide transparency and guide students, with customized support from teachers, as the students pursue their own inquiries, understanding, and ownership of learning."
A district or school seeking an exemption must submit a waiver application to the State Board of Education in a format developed by Department. A district must seek parental outreach and consultation using guidelines approved by the State Board of Education when submitting a waiver application for approval by its local board of trustees and the State Board of Education, or the application may not be considered. A district whose waiver application is approved may request additional exemptions and may request amendments to its current approved waiver on a rolling basis. A competency-based system must align with the Profile of the South Carolina Graduate and include certain principles.
A school operating under a waiver pursuant to this bill must 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. If a school operates under a waiver pursuant to this bill, each student enrolled in the school is a full-time equivalent student enrolled in the school while participating in the competency-based education system for the purpose of calculating state financial support, average daily membership, and attendance. Additionally, if a school operates under a waiver pursuant to the provisions of this bill, each student must be enrolled in the state's student information system.
The Committee amended, approved H.3843 XE "H. 3843" , and sent the bill to the House. The bill outlines the requirements for open enrollment policies in South Carolina. Each local Board of Trustees must follow the policy and procedures established pursuant to this section for extending open enrollment opportunities that allow parents to apply for their child to enroll in any particular program or school.
The open enrollment policy and process must adhere to federal desegregation and other educational requirements, identify and describe the application requirements, timeline, and communication plan, allow parents to declare school preferences, including placement of siblings within the same school, describe lottery and waitlist policies and an appeal process for adverse decisions, include policies adopted by the board regarding capacity standards, standards of approval and denial, priorities of acceptance for enrollment, and transportation, and include a component addressing public awareness of open enrollment opportunities, accessing data on the open enrollment capacity of a school, the district application process and timeline, and written procedures for notification of acceptance or denial of an application.
The policy must not have the purpose or effect of causing racial segregation in a school or the school district. Denial of permission to enroll in a particular program or school may only be provided in certain situations, such as a documented lack of capacity in the school or the pupil not meeting the established eligibility criteria for participation in a particular program.
The legal provision also includes reporting requirements for each school district to report to the Department on the number of student transfers enrolled in the school district, the number of transfer applications received and denied, and the reasons supporting the denial of any transfer application. The department must publish an annual report available to the public that includes this information for each school district.
In addition to the open enrollment provisions, the legal provision also prohibits public schools from contracting with private entities that supervise, sanction, or regulate interscholastic competitions unless the entity allows students who attend a school outside of their attendance zone to participate in interscholastic competitions.
The Committee approved H.3360 and sent it to the House. The bill outlines the establishment of the Center for School Safety and Targeted Violence within the South Carolina Law Enforcement Division (SLED). The purpose of the center is to provide training, education, and expertise in the areas of school safety and targeted violence. SLED is responsible for adopting guidelines and procedures for training and educating law enforcement, school personnel, parents, and the public on school safety and targeted violence. SLED may also incorporate personnel from various departments within the organization as assigned by the Chief of SLED. This act takes effect upon approval by the Governor and is contingent upon funding in the General Appropriations Act.
The Committee amended H.3308 to state that in determining the eligibility of an applicant for certification as a school psychologist, the Department may accept credentials as a school psychologist issued by another state if the credentials meet the corresponding minimum requirements for certification as a school psychologist in South Carolina. The Department may accept credentials from another state if they meet the minimum requirements for certification in the current state. However, if the requirements in the other state are less stringent than the current state, the Board may allow the applicant to meet the additional requirements needed for certification. If the Board approves, the applicant will receive a temporary professional credential valid for a maximum of 180 days. The board may also extend the temporary credential to accommodate the specific circumstances of each applicant.
The House Judiciary Committee met and issued a favorable report on H.3014, the "Clementa C. Pickney Hate Crimes Act." In memory of deceased State Senator and Reverend Pinckney, along with his fellow Charleston Emanuel African Methodist Episcopal Church congregation members, who were shot and killed during a religious gathering in 2015, this bill would create an opportunity for criminal courts to impose additional penalties of not more than $10,000 and an additional prison term of up to five years on defendants who targeted their victims based on their race, color, religion, sex, gender, national origin, sexual orientation, or physical or mental disability. This additional sentence would be contingent upon these defendants first being convicted of the underlying crime they committed when they targeted these victims.
Also given a favorable report was H.3019, Expunging Mistaken Identity Arrests and Mandatory Expungements. Anyone arrested for a crime they did not commit, and who was arrested because their identity was mistaken, would be entitled to free expungement of their arrest records within 180 days. In addition, if no trial is conducted, or no guilty plea is entered, within five years' time to a third degree assault and battery [simple assault and battery], public intoxication or disorderly conduct, breach of trust, open container in a motor vehicle, trespassing, fraudulent check, misdemeanor shoplifting, driving under suspension, or simple possession of marijuana charge, the person charged will receive approval from the circuit solicitor for its dismissal, its expungement, and then destruction of all related records. SLED would have to be informed of this dismissal and expungement approval. Failure to follow these requirements will subject noncompliant officials to citations for contempt of court.
A favorable report was given to H.3204, proposed legislation to specify Psychology Interjurisdictional Compact Commission [PSYPACT] Dispute Resolution jurisdiction. For South Carolina to participate in this compact, the United States District Court for Georgia needs to be the entity handling any PSYPACT dispute resolutions. This commission is charged with oversight of the professional work performed by therapists licensed in other states with South Carolina residents. It was created to provide this oversight so that participating telepsychology therapists would not have to become licensed in multiple states.
The Committee voted a favorable report, with amendments, on H.3682, proposed legislation to better facilitate Levying on Seized Animals for Care Costs in ill treatment of animal cases. Before any defendant could be held responsible for paying these costs while its owner was charged with this offense, required hearing procedures with prior notice would have to be met under this proposed bill. A surety or bond for animal care could be required. As amended, the entity housing these seized animals would receive reimbursement for the care they provided while these charges were pending.
A favorable report, with amendment, was given to H.3866, a proposal to better define and clarify South Carolina's Attorney General's Role in Litigation Pursued in South Carolina's Interest. When the Attorney General brings litigation in South Carolina's interest on behalf of a state agency, this bill sets forth that he would be doing so not as the lawyer for that agency, or its staff. In addition, he would not be considered the holder of any records or other agency documents that relate to the lawsuit the Attorney General has brought. Unfair trade practice suits brought by the Attorney General would not be considered brought by the South Carolina Department of Consumer Affairs, or other state agency, unless they are named in the pending lawsuit as a party, should this proposal be enacted. As amended, he can return any produced documents back over to the producing parties, destroy them, or retain these documents in compliance with state records retention policies.
A favorable report was issued for H.3890, legislation proposed to facilitate Youthful Offender Driving Under Suspension Conviction Expungements. As reported, youthful offenders convicted of driving under suspension would also be able to expunge these convictions after they meet specified prerequisites. These include having no other convictions, including out‑of‑state convictions, during the service of the youthful offender sentence, including probation and parole, and during the five‑year period following completion of the defendant's youthful offender sentence, including probation and parole.
They also voted a favorable report on H.3925 a bill to add the Attorney General as a Prosecution Coordination Commission Member.
Labor, Commerce, and Industry
The House Labor, Commerce and Industry Committee met on Tuesday, February 28, and gave a report of favorable with amendments on H.3726, the "Statewide Education and Workforce Development Act." Drawing upon the work of the Ad Hoc Committee for Economic Development and Utility Modernization appointed by the Speaker of the House, the legislation makes comprehensive revisions geared towards realizing South Carolina's full workforce potential by implementing initiatives to coordinate and make the most of all publicly funded job training, scholarships, apprenticeship programs, and other workforce development services. To provide centralized oversight of all services, the Office of Statewide Workforce Development (OSWD) is created in the Department of Employment and Workforce (DEW) to coordinate, align, and direct workforce efforts throughout the state to maximize available resources, enhance accountability and transparency, and actively foster a customer‑centric workforce development system that is readily accessible, highly effective, and easily understandable. The Director of the OSWD is hired by the Executive Director of the Department of Employment and Workforce and serves at his pleasure. All functions, powers, and duties of the Department of Commerce relating to the former Education and Economic Development Coordinating Council are transferred to the Department of Employment and Workforce to provide for a reconstituted and expanded Coordinating Council for Workforce Development (CCWD) made up of representatives from pertinent state agencies, legislative committees, K-12 public education, higher education, technical and comprehensive education, and private sector business and industry. The legislation provides for an executive committee of the CCWD, composed of the heads of key state agencies and appointees of legislative leadership. The CCWD is charged with formulating and updating a comprehensive Unified State Plan (USP) that provides a systemwide approach to streamline and unify efforts of all those involved in education and workforce development in the South Carolina. The plan must be formulated using time‑sensitive metrics including educational attainment and labor participation rate targets. A dashboard must be developed to enable the public to monitor and track progress of the USP.
The legislation requires all state and local government agencies, nonprofit groups, and quasi‑governmental groups that are appropriated state funds or are authorized to expend federal funds to make annual reports to the Director of OSWD and to provide information requested by OSWD prior to the Comptroller General approving release of funds to ensure proper reporting on any activities that may be workforce development related. An annual report detailing all funds used for workforce development projects must, in turn, be submitted to the Governor, Speaker of the House, President of the Senate, Chair of the House Ways and Means Committee, and Chair of the Senate Finance Committee.
The legislation revises requirements for employers to make Unemployment Trust Fundcontribution and wage reports to the Department of Employment and Workforce by expanding reporting requirements to include more employers and providing for more detailed reports that include Standard Occupational Classification (SOC) codes and total number of hours worked.
The duties of the CCWD and the Office of Statewide Workforce Development include the creation and maintenance of an Education and Workforce Portal to provide South Carolinians with information critical to their lifelong educational journey, including: (a) an "Statewide Education and Workforce Development Act (H. 3726):Educational Program Alignment Toolkit" that serves as an infrastructure of resources to enable the K‑12, technical college, and higher education systems to individually and collectively ensure their respective educational curriculum, initiatives, and programming match workforce needs; (b) a "Career Pathways Tool" that uses applicable occupational data, educational programming, workforce needs, salary information, job market analyses, in-demand occupations, and other information to provide students, parents of students, job seekers, educators, and counselors, with useful information about potential career pathways and the various routes to meaningful employment; (c) real-time labor market information; (d) comprehensive inventory of all education and training assets in the state; and (e) global view of workforce‑related program data including federal, state, and local education and training options and opportunities.
The CCWD and the Office of Statewide Workforce Development are charged with studying and making recommendations to address barriers to labor participation, such as affordable access to childcare and transportation. The CCWD and the Office of Statewide Workforce Development are responsible for providing individuals who are receiving assistance from public benefit programs with the supports, skills, and credentials they need to gain and retain employment in occupations for which employers demonstrate persistent demands. This includes a "SC Benefits calculator" to help families, case managers, and community providers understand the impact of earnings and assist families planning their exit from the use of these public benefits, with the goal of promoting self‑sufficiency and maximizing use of available opportunities.
The legislation provides for regional workforce advisors, overseen by the OSWD, who are charged with coordinating and facilitating the delivery of information, resources, and services to students, educators, employers, and the community within their geographic areas of responsibility.
The executive committee of the CCWD may recommend the appropriate actions necessary to eliminate duplicative programs and workforce activities that do not further the USP, improve programs not meeting stated performance targets, and, when necessary and to the extent not prohibited in law, recommend the discontinuation of programs that repeatedly do not meet targets or may no longer be needed. The CCWD is charged with meeting regularly with industry associations to gain an understanding of their workforce needs and ideas and making recommendations to the General Assembly on how the state of South Carolina could marshal its workforce development resources more effectively.
H.4047 Nongame and Endangered Species Rep. Ott
The bill adds that the Department of Natural Resources may not release records that contain site‑specific information, including but not limited to, unique numeric identifiers of precise geographic locations, telemetry, or other locational data, regarding the occurrence of rare, threatened, species in need of management, endangered, or otherwise imperiled plant and animal species on public or private property, except in support of scientific, conservation, or educational purposes.
Education
S.123 XE "S. 123" Permanent Authorization of the First Steps to School Readiness Act Sen. Hembree
S.123 is a joint resolution to permanently authorize the South Carolina First Steps to School Readiness Act. The joint resolution would repeal any former sections related to the repeal and reauthorization of the Act.
S.124 XE "S. 124" Hiring Noncertified Teachers Sen. Hembree
S.124 proposes to establish a pilot program that would allow public school districts to hire noncertified teachers. The pilot program would permit districts to hire noncertified teachers of up to ten percent of its entire teaching staff. The bill outlines certain academic, evaluation, and experience requirements that noncertified teachers must meet to be eligible for hire under the pilot program. It further requires annual program reporting and registration and clearance requirements for noncertified teachers participating in the program.
S.203 XE "S. 203" Required Public School Drills Sen. Fanning
S.203 relates to required public school drills – providing that each semester, all public schools (including charter schools), whose instruction is not primarily delivered online, are to conduct one fire drill, one active shooter/intruder drill, and one severe weather/earthquake drill.
S.256 XE "S. 256" Sunscreen in Schools Sen. M. Johnson
s. 256 would allow public schools to permit students to possess and use certain types of sunscreens on school property and at school-sponsored events, provided they have written parental consent.
H.4042 Antisemitism as a Listed Discriminatory Act Rep. Bernstein
A proposal to incorporate the International Holocaust Remembrance Alliance definition of antisemitism into the South Carolina Code of Laws for purposes of protecting South Carolinian's civil rights, as well as for reviewing policies, laws, and regulations prohibiting discriminatory acts to include acts of antisemitism.
H.4044 Department of Revenue Document Disclosures Rep. Ballentine
If enacted, this bill would set out the documents which the South Carolina Department of Revenue would have to disclose to requesters in Medicaid fraud cases, federal grand jury investigations, subpoenas issued by the South Carolina Attorney General, the US Attorney, in criminal investigations, and in criminal judicial proceedings, so long as the documents are related to the tax information being sought.
H.4061 No State Action against Firearms and Ammunition Producers and Sellers Rep. Beach
This legislative effort would stop state or local governments from bringing civil lawsuits against firearm or ammunition manufacturers, distributors, or dealers on account of their lawful design, marketing, distribution, or sale of their products. On the other hand, individuals would retain the right to file these legal actions.
H.4063 Public Election Ballot Hand-Counts Rep. Blackwell
If enacted, any hand-count audits after elections would have to be done in public.
H.4066 State Executive Commission Election Protests Rep. B. Newton
This proposed legislation would limit state conventions to a maximum of 649 delegates. The state executive committee would hear all election protests and require protest bonds to be posted by anyone contesting an election. Before doing so, however, they would have to pass an appropriate resolution prior to that election being held. Bonds are proposed to be capped at $5,000. Successful protests would mean the bond posted would be returned to its poster.
H.4067 Wrongful Conviction Compensation Fund Rep. JA Moore
Anyone found to have been wrongfully sent to jail, and who meets the qualifications set out in this bill, could receive compensation for their losses. Filers could seek $15,000 for each full year served, but their total recovery would be capped at $50,000.
H.4068 Impeachment Review of Comptroller General Rep. Gatch
This bill seeks a review by the South Carolina House Judiciary Committee to answer the question of whether the Comptroller General has committed acts in office so egregious that he should be impeached and removed from office for dereliction of duty and breach of the public trust.
S.001 Fentanyl-Induced Homicide Sen. Alexander
Among other things, this proposed legislation would establish a criminal offense of killing someone by providing them with fentanyl or fentanyl-related substances. These perpetrators could not raise any defense that the deceased knew they were ingesting these drugs. It also would fold fentanyl-related substances into the list of Schedule I drugs under existing state code sections.
S.120 Execution Team Identities and Lethal Injection Drug Provider Protections Sen. Hembree
A legislative effort to provide state execution team members protection of their personal information (their names, social security numbers, dates of birth, addresses, telephone numbers, social media information, and usernames). Also protected would be similar information related to pharmacists, other healthcare professionals, and providers of lethal injection drugs for lethal injection executions by the South Carolina Department of Corrections.
S.304 Increasing Penalties For Illegally Driving In the Left-Hand Lane Sen. Turner
S.304 would increase penalties paid by drivers ticketed for illegally occupying the left-hand lane (from $25 to $100). Of these fines, 75 percent will be credited to the ticketing agency. No arrests or jail time for these offenses could be imposed. Section Two adds that "Any time a motor vehicle is stopped by a state or local law enforcement officer without a citation being issued or an arrest being made, the officer who initiated the stop must complete a data collection form designed by the Department of Public Safety that must include information regarding the age, gender, and race or ethnicity of the driver of the vehicle." (The bill requires a database of the information collected with various reporting requirements). It also has a provision for mandatory review of these cases in 2024.
S.341 Guardianship Revisions Sen. Shealy
Guardianships for adults would also be modified to include petitions being filed 180 days prior to a youth turning 18 years old, when it can be shown to the court that this youth will benefit from a guardianship being emplaced.
S.375 Driver Deference to Emergency Scene Vehicles Sen. Grooms
A proposal for more detailed protocols for drivers happening upon emergency scenes with emergency vehicles parked on or near state rights of way, whether they have their flashing lights on or not. They would be modified to include drivers reducing their speeds, maintaining control of their vehicles, yielding the right of way, passing the stopped vehicles safely, proceeding onward with caution when road conditions allow them to do so, and/or driving at a safe speed depending on conditions at these scenes. Violators would face fines of $300 to $500.
S.406 Early and Absentee Vote Tallies Sen. Campsen
If passed, this bill would allow early voting and absentee ballot counts to occur simultaneously (counting them could start at 7:00 a.m. on election day). However, results from these tallies could not be published or announced until after polls have closed at 7:00 p.m. that day. Any hand-count audits would have to be done publicly under this proposed legislation.
Labor, Commerce, and Industry
S.259 Transfer of Structured Settlement Payment Rights Sen. Rankin
This bill revises provisions governing the transfer of structured settlement payment rights, including new disclosure requirements and requirements for court hearings. The legislation requires registration with the Secretary of State to do business as a structured settlement purchase company in order for someone to act as a transferee, attempt to acquire structured settlement payment rights through a transfer from a payee who resides in this State, or file a structured settlement transfer proceeding. The legislation establishes provisions governing the conduct of registered structured settlement purchase companies and establishes penalties for violations.
S.500 Insurance Revisions Sen. Cromer
This bill revises numerous insurance provisions including those relating to: grant criteria in the South Carolina Hurricane Damage Mitigation Program; authority for the Director of the Department of Insurance to provide information regarding factors that may affect premium rates; required notice to the director by the insurer relating to withdrawing from the market; authority for the director or his designee to make available information that affects private passenger premium rates under provisions relating to the publication of representative sample premiums, and, provisions for commercial motor vehicle liability surplus lines insurance.
H.4048 Review of Central Electric Power Cooperative Electric Generation Procurement Plans Rep. Crawford
This bill revises requirements for integrated resource plans to provide that Central Electric Power Cooperative must submit all proposed contracts or other plans for procurement of electric generation to the Joint Bond Review Committee, the State Regulation of Public Utilities Review Committee, and the Public Service Commission of South Carolina for approval prior to execution of any long‑term power contract. This provision does not apply to generation procured in coordination with the South Carolina Public Service Authority through its coordinating agreement with Central Electric Power Cooperative.
H.4049 Authority for Corporations, Partnerships, and Associations to Hold Remote Meetings Rep. Sandifer
This bill revises requirements for holding meetings in provisions governing corporations, partnerships, and associations and provisions in the South Carolina Nonprofit Corporation Act to allow for remote participation.
H.4062 Exemption from Mandatory Electronic Prescribing Requirements for Dentists Rep. Sandifer
This bill adds an exemption from mandatory electronic prescribing requirements for a dentist who writes a prescription for not more than a six‑day supply of a Schedule II controlled substance for acute pain management or postoperative pain management.
H.4064 "Multifamily Dwelling Safety Act" Rep. Davis
This bill requires the Department of Labor, Licensing and Regulation to adopt a multifamily dwelling balcony code establishing minimum standards for balcony railings that are primarily constructed of wood and are located in multifamily dwellings. The department is required to conduct periodic inspections of such balconies to ascertain compliance with the code. Remedies are provided for violations.
H.4070 Electric Cooperatives Association Integrated Resource Plan Rep. Crawford
This bill establishes requirements for an association of electric cooperatives to submit an integrated resource plan to the Public Service Commission.
Medical, Military, Municipal and Public Affairs
S.394 Neonatal Testing Sen. Rice
The bill provides for the notification of the child's primary provider and a qualified specialist of abnormal newborn screening results under certain circumstances.
S.407 Narcan Sen. Shealy
The bill deals with prescriptions for opioid antidotes and provides for it to be offered consistent with the existing standards of care.
H.4041 Alzheimer's Disease Statewide Plan Rep. M. M. Smith
The bill outlines that the advisory council of the Alzheimer's Disease and Related Disorders Resource Coordination Center must update the statewide plan to address Alzheimer's disease and related dementias.
S.31 Municipal Financial Audits Sen. Hutto
This bill provides that the council of each municipality having total recurring revenues below a set threshold may elect to provide for either an audit of financial statements or follow a procedure for providing a compilation of financial statements in lieu of an audit.
S.490 Fair Play Welcome Center Funding Sen. Alexander
This joint resolution provides that in addition to the projects listed in Act 94 of 2021, funds appropriated to the Department of Parks, Recreation and Tourism may be extended for the current Fair Play Welcome Center project.
H.4045 Inclusion of Career and Technical Schools in Higher Education Scholarships Rep. Murphy
This bill revises criteria for the state's Palmetto Fellows Scholarships, Legislative Incentives for Future Excellence (LIFE) Scholarships, and SC Hope Scholarships so that they may be used at an institution accredited by the Accrediting Commission of Career Schools and Colleges.
H.4046 Income Tax Withholding Updates Rep. Ballentine
This bill updates provisions relating to the withholding of income taxes to accommodate the schedule for gradually lowering of the top marginal income tax rate provided in the "Comprehensive Tax Cut Act of 2022".
H.4059 Projects Funded through a Sales Tax for Transportation Facilities Rep. W. Newton
This bill expands provisions governing the use of a sales tax for transportation facilities to provide that these sales tax revenues may also be used to fund projects relating to aviation, railways, and maritime transportation infrastructure. The legislation specifies that a public transit system funded with such revenue means public buses, subways, light rail, commuter rail, trolleys, and ferries.
H.4065 "Livable Homes Tax Credit Act" Rep. Herbkersman
This bill establishes an individual income tax credit for the purchase of a new residence or the retrofitting of the existing residence that is designed to improve accessibility. The amount of credit taken may not exceed the individual's income tax liability for the taxable year. Unused credits may be carried forward for ten years. The total amount of tax credits granted for any income year may not exceed one million dollars.
Tuesday, March 7, 2023
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The House Research Office uses the 17th edition of the Chicago Manual of Style (with practical modifications, esp. regarding numbers).
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) nor the House of Representatives. They are for the use of members of the House of Representatives and are not to be construed by a court of law as an expression of legislative intent. These Legislative Updates are on the South Carolina General Assembly home page (http://www.scstatehouse.gov). Go to Publications, then Legislative Updates. This lists all the Legislative Updates by date as a Word document and a document with hypertext links to the bills. Also available under Publications is a Bill Summary Index to the Legislative Updates (bills are listed in numeric order and provide the different summary versions at the different stages and dates in the process).