Legislative Update
May 8, 2023
Vol. 40, No. 16
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 May 8, 2023No. 16
(May 2 - 4, 2023)
Written and compiled by
House Research
(803.734.3230)
Andy Allen, Don Hottel, Dir., Sherry Moore, Richard Pearce, Esq.
D. Hottel, editor
(May 2 - 4, 2023)
The House amended S.418 and sent it back to the Senate. The bill:
Students scoring "Substantially Fails" could no longer be promoted based solely on a reading portfolio; however, district superintendents may allow advancement if the teacher submits documentation showing reading proficiency.
The House amended S.363, the Senate subsequently accepted the House amendment regarding the definition of a fender, and the bill was enrolled for ratification. This bill will prohibit motor vehicle modifications that result in the motor vehicle's front fender being raised four or more inches above the height of the rear fender. Status: The Sen. concurred in the House amendment and enrolled for ratification (5/4/2023)
H.3501 establishes "certified athlete agents." This bill, which passed the House and was sent to the Senate, relates to acts of athlete agents, so as to provide that certified athlete agents may pay certain expenses incurred before the signing of agency contracts by student-athletes and others. Status: Referred to Senate Committee on Education (5/3/2023)
S.549, an omnibus bill relating to the DMV and licenses, passed the House and was sent to the Senate. The bill proposes numerous changes related to driver's license reinstatement fees and vehicle insurance requirements. The bill suggests extending the validity of driver's licenses issued under the reinstatement fee payment program by an additional six months. It also aims to revise the amount of reinstatement fees owed by persons to become eligible for these licenses, as well as the distribution of administrative fees collected. Status: Read a third time and returned to Senate with amendments (5/5/2023)
Additionally, the Department of Motor Vehicles would be authorized to provide fee schedules and online payment options for persons participating in the program. The types of driver's license suspensions covered by this section would be revised, as well as the frequency and conditions for future participation. The bill also proposes changes to the requirements for vehicle insurance. It suggests revising the period of time for surrendering motor vehicle license plates and registration certificates for certain uninsured motor vehicles. The provision giving the Department of Motor Vehicles discretion to authorize insurers to utilize alternate methods of providing certain notices to the department would be deleted. Certain persons would be allowed to provide certain documents to show the suspension was issued in error rather than appealing certain suspensions to the Department of Insurance. Regarding fines for lapses in required motor vehicle insurance coverage: the proposed amendment limits the fines to a maximum of $200 per vehicle for a first offense.
Regarding Title 56, Chapter 10, Article 5: this article had currently established the uninsured motorist fund and provides for the collection of fees from uninsured drivers. The proposed amendment deletes these provisions and instead regulates the operation of uninsured motor vehicles. It also makes technical changes and revises the amount of the motor vehicle reinstatement fee, which will increase annually. Additionally, it allows for suspended licenses, registration certificates, license plates, and decals to be returned to the Department of Motor Vehicles by electronic means or in person. Finally, it eliminates the requirement for the Department of Motor Vehicles to collect statistics regarding various motor vehicle registration, insurance, and uninsured motorist fund issues.
Amendment to Section 56-9-20: This section provides definitions for the Motor Vehicle Financial Responsibility Act. The proposed amendment revises a reference in the definition of "uninsured motor vehicle."
Amendment to Section 56-3-210: This section establishes the time period for procuring motor vehicle registration and license, temporary license plates, and transfer of license plates. The proposed amendment revises the requirement for a temporary license plate and specifies who may distribute temporary license plates.
There are other changes relate to motor vehicles and dealers. These changes address issues such as temporary license plates, special permits for certain vehicles, the issuance of dealer licenses, bond amounts required, penalties for unauthorized sales, and grounds for denial, suspension, or revocation of licenses. Additionally, the text proposes the establishment of a motor vehicle performance evaluation system and a quality assurance program to ensure the integrity of the electronic registration and titling program. The changes also include provisions for vendor fees, convenience fees, and transaction fees when receiving payment by credit card. Other proposed amendments seek to provide a cure period for certain complaints from consumers and to allow business operations on property adjacent to or within sight of the licensee's bona fide established place of business.
The amendments include changes to bond requirements, the recovery of back taxes and fees, and the continuation of business in the event of a licensee's death. Additionally, the amendments propose changes to the requirements for a dealer's maintenance of a bona fide established place of business, allowing for adjacent property use.
Further, the amendments propose revisions to the reasons the Department of Motor Vehicles may deny, suspend, or revoke a license. Finally, the amendments propose changes to the procedure for titling and registering a vehicle in relation to voluntary transfer and dealer purchasing vehicles for resale.
Driver training schools are currently required to pay an annual licensing fee of $50 to DMV. The bill changes this to a licensing period of four years with a corresponding fee of $200. The Committee added that the term "defensive driving course" is changed to "driver training course." The classroom portion of driver training may be done in-person, virtually, or by remote online methods. There is to be a final examination at the completion of the program. A passing score of at least eighty percent is required and students have three attempts at passing. Existing law provides that no one can receive a driver's license unless and until all other operator's licenses are surrendered to the Department of Motor Vehicles. The bill adds a deadline of forty-five days upon a person becoming a resident of the State unless specifically exempted by law.
The vision screening required to obtain a driver's license can be waived if a driver has a certificate of vision examination dated within the previous twelve months. The bill changes this time period to thirty-six months. Additionally, active-duty members of the Armed Services are exempt from the requirements of this section as long as they provide DMV with a Leave and Earning Statement dated within thirty-one days of applying for, or renewing, their driver's license and a non-expired military identification card.
The House approved H.4280, the "Educator Assistance Act," and sent it to the Senate. Professional certificates issued by the State Board of Education will be permanent unless revoked or suspended and are not subject to renewal. Additionally, it specifies that no teacher may be required to renew a professional certificate issued by the board. The bill proposes authorizing the use of data collected under current procedures to report on certain postsecondary matters concerning graduates of South Carolina public schools. This section also requires the streamlining of data collection timelines and processes. The bill allows contract acceptances submitted before the statutory notification deadline to be withdrawn by submission of written notice to the school district within ten days after publication of the school district salary schedule for the upcoming school year. It also prohibits school districts from reporting such withdrawals as a breach of contract. It also revises the penalties for breach of contract resulting from the unauthorized execution of an employment contract with another district, revises the period for educator certificate suspension due to breach of contract, and to make such revocations discretionary. Last, the bill proposes the repeal of certain reporting requirements to the Superintendent of Education and the tabulation of reports. Status: Referred to Sen. Committee on Education (5/4/2023)
The House adopted and enrolled for ratification, S.256 XE "S. 256 (passed by the House)" , regarding sunscreen in schools. It 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. Status: House read a third time and enrolled for ratification (5/3/2023)
The House approved and sent to the Senate, H.3355, a bill that would provide that a towing truck with a fifth-wheel assembly may tow one additional vehicle. It also sets a maximum length for this combination of vehicles, provides the maximum weight for the final trailing vehicle, and provides a truck operating a towing combination must include a video system that allows the driver to monitor the final trailing vehicle as it is being towed and be equipped with certain safety devices. Status: Referred to Sen. Committee on Transportation (5/3/2023)
The House gave third reading and enrolled for ratification. 603. S.603 is a bill pertaining to the South Carolina Grain and Cotton Producers Guaranty Fund. Current law states that if there is an insufficient amount of money in the fund to cover all claims, payments must be made on a pro rata basis. This bill adds that the pro rata determination shall be based upon the producer's total loss amount as well as the total number of exemptions granted to the producer. The more exemptions granted to a producer, the lower the share the producer will receive. The bill also allows for a producer to opt out of the program. This bill also adds cotton producers to the grain producers who may receive an exemption from participating in the fund. Status: House read a third time and enrolled for ratification (5/3/2023)
Currently, state law allows disabled residents three-year disability combination license or a three-year disability fishing license at no cost. The House gave third reading and enrolled S.101 for ratification. It adds that a disabled resident, who is certified to be legally blind, may be issued a lifetime hunting and fishing license at no cost. In addition, this license requires no disability recertification or renewal. Status: Read a third time and enrolled for ratification (5/3/2023)
The House gave third reading and enrolled for ratification. S.449 is legislation that repeals the January 2024 sunset date for the ban on the transportation of live swine without identification. As a result, temporary state law with this sunset date, making it illegal to transport live swine without identification, would become permanent law instead. Status: House read a third time and enrolled for ratification (5/3/2023)
The House approved the Committee amendment, gave a third reading, and sent to the Senate H. 3075, a cleanup bill that updates and clarifies the role and responsibilities of the SC Rural Infrastructure Authority (RIA). As a result of the 2019 Legislative Oversight Review, the bill removes references to an obsolete funding program that was under the SC Budget and Control Board now transferred to RIA along with its duties and responsibilities. In addition, the bill updates the definition of a rural infrastructure project as well as updates terminology and removes outdated accounting requirements language. These updates reflect what is currently being implemented under the RIA. Status: Referred to Sen. Committee on Finance (5/4/2023)
The House gave third reading and sent to the Senate H.3960, legislation that designates the South Carolina Poultry Festival in Lexington County as the official State Poultry Festival. Status: Referred to Committee on Family and Veterans' Services, but recalled and placed on the Senate calendar (5/4/2023)
The House gave third reading and sent to the Senate H.3993. Currently, it is illegal to sell animal parts. As a result, the bill provides for an exemption for the retail sale of white-tailed deer organ meat, packaged as pet treats, by official establishments certified by the State Livestock-Poultry Health Division, Clemson University, or USDA. The product must be registered by the South Carolina Department of Agriculture. Status: Referred to Sen. Committee on Fish, Game and Forestry (5/4/2023)
The House gave third reading and sent to the Senate H.4047, a bill that outlines that the Department of Natural Resources cannot release records of landowners addresses when the occurrence of a rare, threatened, endangered plant or animal species is located on such property. Status: Referred to Sen. Committee on Fish, Game and Forestry (5/4/2023)
The Senate concurred with House amendments and enrolled for ratification on S.164, a bill that eliminates the requirement of obtaining a Certificate of Need (CON) from the Department of Health and Environmental Control (DHEC), with the exception of new hospitals, expansion of beds, and nursing homes. As a result, the bill includes the sunset date of January 1, 2027 for new hospitals and expansion of hospital beds, at which time, the certificate of need requirement will be for nursing homes only. Until the sunset date, the bill requires a certificate of need for new hospital construction or if there is a change in the existing bed complement of a hospital through the addition or classification of one or more beds. The bill states that in order to be licensed by DHEC, a hospital is prohibited from using economic criteria unrelated to quality of care or professional competency in determining an individual's qualifications for initial or continuing hospital medical staff membership or privileges. The bill provides for exemptions which are the relocation of a hospital in the same county, the acquisition of a hospital, Crisis Stabilization Unit Facilities, and the construction of a new hospital in a county currently without a hospital. The bill also states that the Medical University of South Carolina (MUSC) must go before the Joint Bond Review Committee prior to receiving licensure. The bill significantly reduces the timing of the appeals process and allows appeals directly to the SC Supreme Court from the Administrative Law Court.
The bill creates a Certificate of Need Study Committee to examine the effect of repealing the Certificate of Need on the quality and quantity of access to healthcare in rural areas. The study committee shall be composed of six members to include three members of the Senate, as appointed by the President of the Senate, and three members of the House of Representatives, as appointed by the Speaker of the House. The study committee shall consult with a non-voting advisory board as needed. The non-voting advisory board shall include one representative from the South Carolina Hospital Association, the South Carolina Medical Association, the Department of Health and Environmental Control, and the Department of Health and Human Services. The study committee shall provide a report to the General Assembly of its findings and recommendations by January 1, 2024, at which time, the study committee shall dissolve. Status: Concurred in House amendment and enrolled for ratification (5/3/2023)
The House approved the committee amendment, gave second reading, and gave unanimous consent for third reading to H.3592, a bill that updates the "Pharmacy Practice Act" by removing certain definitions related to the compounding of medications and revises requirements for compounding pharmacies. The bill charges the Board of Pharmacy with developing regulations based on a review of available compendia literature, medical or scientific literature, and/or practical experience in the art of compounding. Until regulations are promulgated by the Board of Pharmacy, compounding pharmacies shall comply with the compounding standards in the state. Status: Read a third time and sent to Senate (5/5/2023)
The House approved the committee amendment, gave second reading, and ordered a third reading for H.4159 a bill that expands telehealth to all licensed practitioners by enacting the "South Carolina Telehealth and Telemedicine Modernization Act." Among many things, the bill provides requirements for regulated health care professionals who provide healthcare by means of telehealth. The bill updates the act to remove the in-person requirement. It states health care professionals shall adhere to the same standard of care as required for in-person care and must be evaluated according to the standard of care applicable to the licensee's area of specialty. The bill introduces a revised definition of "telehealth" which means the use of electronic communications, information technology, or other means to deliver clinical health care, patient and professional health-related education, public health, or health administration between a licensee in one location and a patient in another location. The bill outlines that licensees need not reside or maintain a physical office to practice telehealth. The bill also makes changes for prescribing medications based on physician-patient relationships established solely by telemedicine. Status: Read a third time and sent to Senate (5/5/2023)
The House approved the committee amendment, gave second reading, and ordered third reading to S.394 and subsequently enrolled the bill for ratification, a bill that provides for additional testing as well as the notification of a child's primary provider and a qualified pediatric specialist when dealing with the results of abnormal neonatal testing. Status: Read a third time and enrolled for ratification (5/5/2023)
The House approved the committee amendment, gave a second reading, and ordered third reading to H.3934, a bill adding Fort Gordon to the definition of Federal Military Installations. The bill also updates name changes for certain bases currently on the list. Status: Read a third time and sent to Senate (5/5/2023)
The Senate concurred in the House amendments and enrolled the bill for ratification, S.120, legislation to keep confidential all execution team member identities as well as lethal injection drugs and related materials information. This bill would protect personal and other identifying information about any person, or entity, participating in the planning or administration of death sentence executions. This protected information would include, but not be limited to, names, social security numbers, birth dates, addresses, telephone numbers, social media information, and usernames. Also, to be protected would be information related to pharmacists, other healthcare professionals, and providers of lethal injection drugs for executions.
As passed, no General Assembly member, family member of a General Assembly member, or any business in which they hold a controlling interest as an owner, director, officer, or majority shareholder with voting rights or control over that business's financial decisions, would be allowed to provide drugs, medical supplies, or medical equipment to be used for these executions. Also as passed, the confidential information set out above could not be obtained by any means of legal compulsion, including, but not limited to, subpoenas, discovery rules, rules of civil procedure, or other disclosure processes by any entity that exercises the sovereign powers of South Carolina. The state Comptroller General, Treasurer, and Department of Corrections would have to coordinate on developing a system to keep all related purchases and expenditures in a deidentified status. The Department of Corrections would have to comply with all federal regulations applicable to bringing execution drugs into South Carolina. Anyone revealing this confidential information, including information about execution team members or their families, would be facing up to three years in jail for doing so. Status: Concurred in House amendment and enrolled for ratification (5/4/2023)
The "Uniform Child Abduction Prevention Act," H. 3220, has been sent to the Senate for its consideration. This proposed legislation was developed by the national Uniform Law Commission. It sets out comprehensive criteria for determining a credible threat to a child's safety or likelihood of abduction in either child custody or visitation situations. It also sets out countermeasures to these attempts in great detail. These criteria would be available to judges and parties in these cases to evaluate the seriousness of children's situations and take proactive steps to prevent these incidents from occurring. Status: Referred to Sen. Committee on Judiciary (5/4/2023)
The South Carolina Education Lottery participant personal information protections, H. 3872, was given a third reading and sent to the Senate for debate and deliberations. It would continue to protect, as confidential, a lottery participant's name, address, telephone number, birth date, Social Security number, and form of identification they gave to the commission. Public information would be limited to the date of the claim and draw, the game played, the prize amount, and location of the retailer that sold the ticket. Status: Read a third time and sent to the Senate (5/5/2023)
The House amended, and sent to the Senate, H.4002 regarding the prohibition of telecommunication devices for inmates. Absent preapproval by the Department of Corrections Director, under this proposal, no inmate could possess any telecommunications device, including but not limited to portable two-way pagers, handheld radios, cellular telephones, personal digital assistants, or laptop computers, while incarcerated. If these contraband device bans are violated, violators face penalties ranging from one to five years in jail depending on the number of the offense. If they are found to have been used in the commission of a subsequent felony, violators would face up to an additional ten years in jail. Status: Read a third time and sent to the Senate (5/5/2023)
The Senate has also received H.4042, which would codify antisemitism as a listed discriminatory act. As proposed, this bill would incorporate the International Holocaust Remembrance Alliance definition and examples of antisemitism into the South Carolina Code of Laws. After that is finalized, incidents of this type of discrimination could be included in efforts to protect South Carolinians' civil rights, as well as for reviewing policies, laws, and regulations prohibiting discriminatory acts to include acts of antisemitism. However, anyone criticizing the country of Israel in the same manner as they criticize other countries, or otherwise exercising their constitutionally guaranteed First Amendment rights, would not run afoul of this proposed legislation. Status: Referred to Committee on Senate Judiciary (5/4/2023)
The House has amended and sent back to the Senate S.36 proposed legislation expanding the scope of using interlock ignition devices in motor vehicles for minors whose licenses have been suspended for having a measurable amount of alcohol in their systems, for drivers issued a temporary alcohol license, or for habitual offenders seeking reinstatement of their drivers' licenses. As amended by the House, anyone issued a temporary alcohol license would have to install these devices in the motor vehicle they will drive using that license. However, anyone registering an alcohol concentration of 0.00 one hundredths of one per cent could not be required to install a device. In cases where the license suspensions are contested, these devices could not be required to be installed until the suspension is upheld after a hearing has been conducted. Status: Read a third time and returned to Senate with amendments (5/5/2023)
The House has amended and sent back to the Senate S.96, a bill allowing minors aged 16 and younger to go jet skiing after obtaining safety certification. It would prohibit any minor from operating a 'personal watercraft,' jet ski, or other specialty prop-craft, less than 16 feet long, along with other specifications set out in this bill, until they have successfully completed a SC Department of Natural Resources (SC DNR) approved boating safety education class. Exceptions to these requirements include riding with someone 18 years or older who has a boating operation certification or other licensure from the United States Coast Guard, someone operating a personal watercraft while hunting or fishing, or when an operator is heading out to lawfully hunt or fish. Status: Read a third time and returned to Senate with amendments (5/3/2023)
The House also amended, and returned to the Senate, S.330, malicious damage to electric, telephone, or telegraph utility systems and infrastructure. After national incidents of damage to these installations, this legislation would put in place a graduated, tier system of punishments that enhances those set out in our existing criminal code. Status: Read a third time and returned to Senate with amendments (5/5/2023)
This bill was amended during debate also to include all of the language from H.3503, sent to the Senate in February, covering enhanced criminal penalties for trafficking or distributing fentanyl, or fentanyl-related substances. Anyone possessing over four grams of these substances would trigger these new criminal enforcement penalties.
First time offenders with four grams or more, but less than 14 grams, of these substances would face mandatory minimum jailtime sentences of 10 years, and maximum incarceration for 25 years. A fine of $50,000 would also be levied. Second and subsequent offenders trafficking these amounts potentially face a minimum of 25 years in jail and a fine of $100,000.
Second or subsequent, offenders with 14, but less than 28, grams of these substances would face a minimum 25 years in jail and a fine of $100,000. Subsequent offenders with 28, or more, grams would face a minimum of 25 years in jail and up to a maximum of 40 years incarcerated once convicted. All these categories of subsequent offenders also would be fined $200,000.
No part of any of these listed sentences or fines could be suspended by a judge. Judges also could not put these offenders on probation. Status: Referred to Committee on Judiciary (2/2/2023); Referred to Subcommittee: Hutto (ch), Matthews, Rice, Senn, Adams (5/3/2023)
The House passed enrolled for ratification, S.380, legal guardianships with supplemental benefits. In cases where adoption or other permanent placement of a minor with another family simply will not work, this pending legislation would allow, among other things, permanent legal guardianships to be established. Procedures for obtaining an appropriate court order in these cases are set out. Also in the bill are the responsibilities these legal guardians --that can include fictive kin-- would assume upon being so appointed. A monetary fund would be established and administered by SC Department of Social Services (SC DSS) to pay benefits to these legal guardians. This legislation would put South Carolina in tandem with similar federal legislation and programs, entitling SC DSS to qualify for federal funding for these placements, where appropriate. Status: Read a third time and enrolled for ratification (5/4/2023)
The House adopted S.566, the "South Carolina Craft Beer Economic Development Act" and enrolled it for ratification. Among other things, it will allow craft breweries to sell up to 2,000 barrels of beer each year. In addition, no tour would be necessary before selling its beer to customers. Three cases, up from the past limit of two cases of craft beer could be sold to each
customer at these breweries, for off-premises consumption. As a final feature of this pending legislation, these breweries would be able to transfer their product to another location they own and not incur state or local distribution or wholesale fees or costs for doing so. Status: Read a third time and enrolled for ratification (5/5/2023)
The House passed and enrolled for ratification S.612 legislation to establish a tiered system and statutory guidelines for SC DSS abuse and neglect case investigations and reporting. As passed, SC DSS will have to prepare annual reports showing all cases not resolved within statutory timeframes, and explain why they were not timely resolved, along with providing other specified information about them. Status: Read a third time and enrolled for ratification (5/5/2023)
The House amended and returned to the Senate S.252 legislation allowing judges and law enforcement officers and officials to file an appropriate form with supporting documents and request their personal information, including home addresses and cell phone numbers be kept confidentially in all state records. If enacted, this proposed legislation would become effective July 1, 2024. Status: Read a third time and returned to Senate with amendments (5/5/2023)
S.92, a bill to allow extending election protest deadlines past legal holidays has passed both chambers and is being enrolled for ratification. If enacted, this proposed legislation would extend election protest deadline dates past any interceding legal holidays. Status: Read a third time and enrolled for ratification (5/5/2023)
S.405, a bill proposing revisions for certifying electoral college electors, passed the House and was enrolled for ratification. This bill requires the Governor to transmit to the Archivist of the United States a certificate of ascertainment of appointment of electors at least six days before the meeting of the electors. It also changes the timing for electors to meet from the first Monday --to the first Tuesday-- after the second Wednesday in December following their appointment. It further revises the manner of disposition of certificates of ascertainment of appointment of electors. Currently, two certificates of ascertainment must be delivered to the South Carolina Secretary of State. This requirement would be deleted. Instead, two sets of certificates would be sent to the State Election Commission Executive Director. One of these certificates would be preserved by the Executive Director for one year and would remain open to the public for inspection during normal business hours. Status: Read a third time and enrolled for ratification (5/5/2023)
The House approved and sent the Senate H.4299 a continuing resolution for funding state government operations. Should the upcoming 2023-2024 state fiscal year begin with no annual general appropriations act in effect, this joint resolution provides authority for continuing to pay the recurring expenses of state government at the current funding levels approved in Act 239 of 2022, the appropriation act for Fiscal Year 2022-2023. Status: Introduced, read first time, placed on calendar without reference (5/4/2023)
The House approved S.259 and enrolled the bill for ratification -- a bill revising the Structured Settlement Protection Act to provide additional consumer protections relating to the transfer of structured settlement payment rights. 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 South Carolina, 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. New disclosure and notification requirements are included. Courts are authorized to appoint an attorney to serve as a guardian ad litem to make an independent assessment, and to advise the court whether a proposed transfer is in the best interest of the payee. The legislation requires the court to take into consideration a list of factors, in addition to consideration of the welfare and support of the payee and any dependents, when determining whether a proposed transfer is in the best interest of the payee. The final court order must expressly state that these enumerated factors have been considered, and, if the court approves the transfer of payment rights, the order must state that the court finds that it is in the best interest of the payee. Status: Read a third time and enrolled for ratification (5/5/2023)
The House approved S.500, a bill making updates and revisions to Department of Insurance procedures, and enrolled the legislation for ratification. The legislation 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. Status: Read a third time and enrolled for ratification (5/5/2023)
The House returned S.520 a bill addressing pharmacy benefits and services, to the Senate with amendments. The legislation expands the rights and duties of pharmacies during audits and revises duties of pharmacy benefits managers. The legislation makes provisions for pharmacy services administrative organizations who contract with pharmacy clients in the state to conduct business on their behalf with third‑party payers or pharmacy benefits managers. PSAOs provide administrative services to pharmacies and negotiate and enter into contracts with third‑party payers or pharmacy benefits managers on behalf of pharmacies. The legislation includes regulatory oversight and management provisions for pharmacy benefits managers and pharmacy services administrative organizations. A three-tiered prescription drug classification system is established as a means of encouraging competition to drive down costs of prescription drugs. Status: Read a third time and returned to Senate with amendments (5/5/2023)
The House amended, approved, and sent the Senate H.4086, a bill making revisions relating to the licensure and regulation of residential builders. The South Carolina Residential Builders Commission is charged with instituting a new tiered system for residential builders licenses. New applicants for licensure and registration are required to supply a criminal background report from an accredited agency or state/government entity that covers the states where they have resided for the last ten years. The legislation makes provisions for residential trade registrants as independent contractors who contract with a licensed residential builders, licensed general contractors, or individual property owners to do construction work, repairs, improvements, or reimprovements that require special skills and involve the use of specialized construction trades or crafts that are not tested for licensure under the residential builders chapter, when the undertakings exceed $500 and are not regulated by the contractor provisions of Chapter 11. The legislation establishes conditions for using unlicensed workers under supervision. As a means of bringing down home inspection costs, the legislation provides a mechanism that allows someone exempted from these licensure provisions to engage in the business of home inspection by registering with the commission and paying a fee to the commission of not more than the cost of registering the individual as a home inspector. As a means of enhancing protection for consumers, the legislation provides for more expansive requirements for obtaining surety bonds that apply when undertaking projects in excess of $500. Status: Read a third time and sent to Senate (5/5/2023)
The Committee issued a favorable report, with amendment, on S.36, proposed legislation expanding the scope of using interlock ignition devices in motor vehicles for minors whose licenses have been suspended for having a measurable amount of alcohol in their systems, for drivers issued a temporary alcohol license, or for habitual offenders seeking reinstatement of their drivers' licenses.
As amended, anyone issued a temporary alcohol license would have to install these devices in the motor vehicle they will drive using that license. However, anyone registering an alcohol concentration of 0.00 one hundredths of one per cent could not be required to install a device. In cases where the license suspensions are contested, these devices could not be required to be installed until the suspension is upheld after a hearing has been conducted.
A favorable report was issued on S.566, the "South Carolina Craft Beer Economic Development Act." Among other things, it will allow craft breweries to sell up to 2,000 barrels of beer each year. In addition, no tour would be necessary before selling its beer to customers. Three cases, up from the past limit of two cases of craft beer could be sold to each customer at these breweries, for off-premises consumption. As a final feature of this pending legislation, these breweries would be able to transfer their product to another location they own and not incur state or local distribution or wholesale fees or costs for doing so.
A favorable report was also given to S.459 Alcohol Consumption in Airport Secured Areas. This proposed legislation would allow screened airflight passengers to consume liquor drinks purchased from airport concessionaires throughout the secured areas of the Charleston International, Columbia Metropolitan, Florence Regional, Greenville-Spartanburg, Hilton Head Island, and Myrtle Beach airports.
They issued a favorable report, with amendment, on S.330, malicious injury to electric, telephone, or telegraph utility systems and infrastructure. After national incidents of damage to these installations, this legislation would put in place a graduated, tier system of punishments that enhances those set out in our existing criminal code.
They issued a favorable report, with amendment, on H.4002 -- no telecommunication devices for inmates. Absent preapproval by the Department of Corrections Director, under this proposal, no inmate could possess any telecommunications device, including but not limited to portable two-way pagers, handheld radios, cellular telephones, personal digital assistants, or laptop computers, while incarcerated. If these contraband device bans are violated, violators face penalties ranging from one to five years in jail depending on the number of the offense. If they are found to have been used in the commission of a subsequent felony, violators would face up to an additional ten years in jail.
A favorable report was also issued on S.612, legislation to establish a tiered system and statutory guidelines for SCDSS abuse and neglect case investigations and reporting which is now in the process of being enrolled for ratification.
The Committee gave a favorable report, with amendment, on S.252, which is legislation allowing judges and law enforcement officers and officials to file an appropriate form with supporting documents and request their personal information, including home addresses and cell phone numbers be kept confidentially in all state documents. If enacted, this proposed legislation would become effective July 1, 2024.
S.92, a bill to allow extending election protest deadlines past legal holidays received a favorable report. If enacted, this proposed legislation would extend election protest deadline dates past any interceding legal holidays.
A favorable report was issued on S.405, a bill proposing revisions for certifying electoral college electors. This bill requires the Governor to transmit to the Archivist of the United States a certificate of ascertainment of appointment of electors at least six days before the meeting of the electors. It also changes the timing for electors to meet from the first Monday --to the first Tuesday-- after the second Wednesday in December following their appointment. It further revises the manner of disposition of certificates of ascertainment of appointment of electors. Currently, two certificates of ascertainment must be delivered to the South Carolina Secretary of State. This requirement would be deleted. Instead, two sets of certificates would be sent to the State Election Commission Executive Director. One of these certificates would be preserved by the Executive Director for one year and would remain open to the public for inspection during normal business hours.
They issued a favorable report on S.146, legislation to address issues raised in a case before the South Carolina Supreme Court on definitions of someone "likely to engage in acts of sexual violence" and the unconstitutional provisions of state law that keep sexual offenders listed for their lifetimes without any opportunity to petition to be removed from the state sexual offender registry. It has procedures and prerequisites for listed offenders to be delisted from this registry.
A final bill receiving a favorable report with amendment was S.406, legislation to allow tabulating early voting ballots at the same time absentee ballots are cast.
Medical, Military, Public and Municipal Affairs Committee
The Medical, Military, Public and Municipal Affairs Committee met on Tuesday, May 2, 2023, and reported out nine bills.
H.3592, a bill that updates the "Pharmacy Practice Act" by removing certain definitions related to the compounding of medications and revises requirements for compounding pharmacies, was given a favorable with amendment report by the committee. The bill charges the Board of Pharmacy with developing regulations based on a review of available compendia literature, medical or scientific literature, and/or practical experience in the art of compounding. Until regulations are promulgated by the Board of Pharmacy, compounding pharmacies shall comply with the compounding standards in the state.
The committee gave a favorable with amendment recommendation to H.4159, a bill that expands telehealth to all licensed practitioners by enacting the "South Carolina Telehealth and Telemedicine Modernization Act." The bill largely provides requirements for regulated health care professionals who provide health care by means of telehealth. The bill updates the act to remove the in-person requirement. Health care professionals shall adhere to the same standard of care as required for in-person care and must be evaluated according to the standard of care applicable to the licensee's area of specialty.
The bill introduces a revised definition of "telehealth" which means the use of electronic communications, information technology, or other means to deliver clinical health care, patient and professional health related education, public health, or health administration between a licensee in one location and a patient in another location. The bill outlines that licensees need not reside or maintain a physical office to practice telehealth. The bill also makes changes for prescribing medications based on physician-patient relationships established solely by telemedicine.
The committee gave a favorable report to S.343, a bill that amends the definition of a crisis stabilization unit facility to include all short-term residential stabilization and intensive crisis services. The bill removes the requirement that they be operated by or in partnership with the Department of Mental Health. Currently, the facility serves age eighteen and older, the bill expands the services to serve age five and older.
The committee gave a favorable report to S.394, a bill that provides for additional testing as well as the notification of a child's primary provider and a qualified pediatric specialist when dealing with the results of abnormal neonatal testing.
In an effort to strengthen athlete training services, the committee gave a favorable report to S.397, a bill that transfers regulatory authority of athletic trainers from the Department of Health and Environmental Control (DHEC) to the Board of Medical Examiners, which is under the Department of Labor, Licensing and Regulation (LLR). The bill creates licensure for athletic trainers. In addition, the bill creates an Athletic Trainers Advisory Committee consisting of nine members appointed by the Board of Medical Examiners. Two members must be physicians who are licensed in South Carolina, five members must be licensed athletic trainers, and two members must be from the general public who are not certified or licensed in any health care field and are not connected in any way to athletic trainers. The Board of Medical Examiners, with the advice of the Athletic Trainers Advisory Committee, must develop standards and promulgate regulations to implement the provisions. The Board of Medical Examiners may levy fees in an amount sufficient to administer the requirements.
In an effort to save lives, the committee gave a favorable with an amendment report to S.407, a bill outlining that prescribers must offer opioid antidotes (such as Narcan), in a manner that is consistent with the existing standard of care and the FDA. In addition, the bill further outlines that a prescriber is not subject to professional disciplinary actions including, but not limited to, disciplinary actions initiated by any board or licensing agency arising from the prescriber's compliance with the provisions. This provision does not apply to patients who are receiving care for cancer or who are in palliative care.
The committee gave a favorable report to S.569, a bill that convenes the advisory council to the Alzheimer's Disease and Related Disorders Resource Coordination Center to update the statewide plan addressing Alzheimer's disease and related dementias. The advisory council must solicit input from the Department of Health and Environmental Control, the Department of Health and Human Services, and the Department of Social Services to ensure the formulation of a comprehensive statewide plan. An annual report must be submitted to the Governor and General Assembly by September 30, 2023, about the progress made towards fulfilling the statewide plan. The statewide plan must be updated in 2028 and every five years thereafter.
In an effort to streamline the process, the committee gave a favorable with an amendment report to S.317, a bill that reduces the number of board members on the Board of Trustees for the Veterans Trust Fund of South Carolina from nineteen to eleven voting members. The bill outlines that the Governor, with the advice and consent of the Senate, shall appoint the board
consisting of one member from each congressional district, two of which are currently serving as county veterans' affairs officers, and four members at large, two of which must reside in a rural county. The bill further states that of the eleven appointed members, at least six must be United States Armed Forces veterans. The bill establishes membership terms and conditions.
The committee gave a favorable with amendment report to H.3934, a bill adding Fort Gordon to the definition of Federal Military Installations. The bill also updates name changes for certain bases currently on the list.
Labor, Commerce, and Industry
The House Labor, Commerce and Industry Committee met on Tuesday, May 2, and reported out several bills.
The Committee gave a report of favorable with amendments on H.3989, the "Solar, Agricultural, Farmland, and Environmental Act." This bill establishes a process for reviewing and mitigating the use of high value agricultural lands by photovoltaic energy facilities. The legislation establishes a certification process with the Public Service Commission for the construction of a photovoltaic energy facility on farmland with the Clemson University Cooperative Extension Service making determinations about land's viability for agriculture.
The Committee gave a favorable report on S.500, a bill making updates and revisions to Department of Insurance procedures. The legislation 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.
The Committee gave a report of favorable with amendments on S.520, a bill addressing pharmacy benefits and services. The legislation expands the rights and duties of pharmacies during audits and revises duties of pharmacy benefits managers. The legislation makes provisions for pharmacy services administrative organizations who contract with pharmacy clients in the state to conduct business on their behalf with third‑party payers or pharmacy benefits managers. PSAOs provide administrative services to pharmacies and negotiate and enter into contracts with third‑party payers or pharmacy benefits managers on behalf of pharmacies. The legislation includes regulatory oversight and management provisions for pharmacy benefits managers and pharmacy services administrative organizations. A three-tiered prescription drug classification system is established as a means of encouraging competition to drive down costs of prescription drugs.
The Committee gave a favorable report on S.259, a bill revising the Structured Settlement Protection Act to provide additional consumer protections relating to the transfer of structured settlement payment rights. 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 South Carolina, 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. New disclosure and notification requirements are included. Courts are authorized to appoint an attorney to serve as a guardian ad litem to make an independent assessment, and to advise the court whether a proposed transfer is in the best interest of the payee. The legislation requires the court to take into consideration a list of factors, in addition to consideration of the welfare and support of the payee and any dependents, when determining whether a proposed transfer is in the best interest of the payee. The final court order must expressly state that these enumerated factors have been considered, and, if the court approves the transfer of payment rights, the order must state that the court finds that it is in the best interest of the payee.
The Committee gave a report of favorable with amendments on H.4086, a bill making revisions relating to the licensure and regulation of residential builders. The South Carolina Residential Builders Commission is charged with instituting a new tiered system for residential builders licenses. New applicants for licensure and registration are required to supply a criminal background report from an accredited agency or state/government entity that covers the states where they have resided for the last ten years. The legislation makes provisions for residential trade registrants as independent contractors who contract with a licensed residential builders, licensed general contractors, or individual property owners to do construction work, repairs, improvements, or reimprovements that require special skills and involve the use of specialized construction trades or crafts that are not tested for licensure under the residential builders chapter, when the undertakings exceed five hundred dollars and are not regulated by the contractor provisions of Chapter 11. The legislation establishes conditions for using unlicensed workers under supervision. As a means of bringing down home inspection costs, the legislation provides a mechanism that allows someone exempted from these licensure provisions to engage in the business of home inspection by registering with the commission and paying a fee to the commission of not more than the cost of registering the individual as a home inspector. As a means of enhancing protection for consumers, the legislation provides for more expansive requirements for obtaining surety bonds that apply when undertaking projects in excess of five hundred dollars.
The Ways and Means Committee met on Thursday, May 4, and reported out several bills.
The Committee gave a report of favorable with amendments on H.3121, a bill establishing an income tax credit for perpetual recreational trail easements. The legislation makes provisions for a one-time income tax credit equal to ten cents for each square foot of property that a taxpayer encumbers with a perpetual recreational trail easement and right-of-way. To qualify for this tax credit, the trail must provide a connection between a trail within a municipality's or county's regional trail system plan and a local or regional attraction or point of interest, such as other trails, parks, waterways, or other recreational and open space attractions, retail centers, arts and cultural facilities, transportation facilities, residential concentrations, or similar destinations. User groups may include equestrians, pedestrians, bicyclists, and other non-motorized users. The maximum amount of tax credits allowed to all qualifying taxpayers under these provisions may not exceed one million dollars for each calendar year. The legislation includes a sunset provision that repeals these tax credits on January 1, 2028.
The Committee gave a favorable report on H.3824, a bill expanding the alternative fuel property income tax credit provisions to include electrical equipment and the use of electricity as an alternative fuel so that the credits may be used for the installation of electric vehicle charging stations.
The Committee gave a report of favorable with amendments on H.3948, a bill expanding the renewable energy resource property tax exemption so that it applies to solar panels on commercial property.
The Committee gave a favorable report on H.3116, a bill addressing the timing of the property tax exemption for disabled veterans. The legislation provides that a qualified veteran of the Armed Forces of the United States, who is permanently and totally disabled as a result of a service-connected disability and who files a certificate signed by the county service officer, may immediately claim the exemption for the entire year in which the disability occurs. Additionally, a veteran who is permanently and totally disabled for any part of the year is entitled to the exemption for the entire year. In a year in which a disabled veteran owns a property for less than a year, any other owner, who is not a disabled veteran, or otherwise entitled to an exemption, is responsible for the property tax accrued on the property for the time in which he owned the property.
The Committee gave a report of favorable with amendments on H.3072, a bill providing for the continuation of the owner-occupied property tax assessment ratio and homestead exemption following the owner's death while the estate is in probate. The legislation revises property tax provisions to provide that when an owner receiving the four-percent special assessment rate for owner-occupied residential property and homestead exemption dies, the property shall continue to receive the special assessment rate and homestead exemption until the decedent's estate is closed, upon the recording of a deed or deed of distribution out of the estate, or after December thirty-first of the year following the date of death, whichever occurs first. This extension does not apply if the property is rented for more than seventy-two days in or following the calendar year of the decedent's death or if a change of use occurs.
The Committee gave a favorable report on S.557, a bill providing for apprentice income tax credit enhancements. The legislation revises apprentice income tax credit provisions to provide that the amount of the credit is equal to the greater of the cost of the apprenticeship or one thousand dollars for each apprentice employed, but not to exceed four thousand dollars for an apprentice, or six thousand dollars for the youth apprenticeship program. If the apprentice completes the apprenticeship and remains an employee of the taxpayer, the taxpayer may claim the $1,000 credit for up to three additional taxable years. The maximum aggregate credit for all taxpayers may not exceed five million dollars in any one tax year. The General Assembly, in the annual general appropriations act, may increase or decrease this maximum aggregate credit amount. Any unused credit may be carried forward for three years.
The Committee gave a favorable report on H.4145. This bill revises provisions for redevelopment fees remitted by the Department of Revenue to remove an annual maximum and to remove a sunset provision. The legislation amends Act 356 of 2002, relating to the Charleston Naval Complex Redevelopment Authority, to eliminate a provision requiring the sharing of certain revenue. The changes are made to accommodate the development of a submarine science center, in conjunction with Charleston's Medal of Honor Museum, to showcase the history of the submarine service from the U.S.S. Hunley to the present.
The Committee gave a favorable report on H.3811, a bill providing for an Industry Partnership Fund tax credit increase. The legislation revises the tax credit established for contributions to the Industry Partnership Fund associated with the South Carolina Research Authority (SCRA) by increasing the aggregate credit from nine million to twelve million dollars for tax years after 2022.
The Committee gave a report of favorable with amendments on H.3425, a bill facilitating retirees in state pension systems returning to covered employment without being subject to earnings limitations. The legislation establishes conditions that allow earnings limitations not to apply when a retiree in the South Carolina Police Officers Retirement System returns to covered employment in a critical needs law enforcement position as determined by the Law Enforcement Training Council. Additionally, the bill removes the earnings limitation for a retiree of South Carolina Retirement System if the employee is separated from covered employment for at least twelve months before returning to covered employment.
The Committee gave a report of favorable with amendments on S.108. This bill makes provisions for death benefits for first responders killed in the line of duty. The benefit, in the amount of one hundred fifty thousand dollars paid to surviving spouses or other beneficiaries, applies to law enforcement officers including detention and correctional officers, reserve officers, constables, emergency medical technicians, fire department workers and volunteers, and coroners and deputy coroners.
The Committee gave a favorable report on H.3880. This bill provides that no admissions taxes may be charged or collected on annual or monthly dues paid to a golf club.
The Committee gave a report of favorable with amendments on S.31, a bill revising requirements for local government audits. The legislation 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. The legislation provides authority for the State Treasurer to grant a county an extension of ninety days on its required financial audit deadlines.
The Committee gave a report of favorable with amendments on S.284, a bill addressing funding for the development of workforce housing. The legislation authorizes a county or municipality to expend up to fifteen percent of its annual local accommodations tax revenue for the development of workforce housing, which must include programs to promote home ownership. All such expenditures are subject to review and comment by the Joint Bond Review Committee. A sunset provision is included so that the legislation is no longer effective after December 31, 2030. A temporary Land Development Study Committee is created to examine current and prospective methods to plan for and manage land development in South Carolina. The legislation provides for the study committee's membership and charges it with providing a report to the General Assembly by December 31, 2023, at which time the study committee shall dissolve. Before the beginning of the 2030 legislative session, the Director of the Department of Parks, Recreation and Tourism, in consultation with the Secretary of Commerce and the Commission of Agriculture, shall issue a report to the General Assembly detailing the effects on tourism and workforce housing resulting from these provisions.
Agricultural, Natural Resources, and Environmental Affairs
H.4439 Agricultural Labor Rep. Trantham
The bill removes the definition of employment for agricultural labor under the South Carolina Department of Employment and Workforce.
H.4440 ROTC Training Satisfies Physical Education Coursework Requirement Rep. Thayer
This bill would provide that ROTC training completed in the eighth grade or above must satisfy the physical education coursework requirement for high school graduation.
H.4436 Emergency Scene Management Rep. Wooten
This bill relates to emergency scene management, providing that drivers are responsible for maintaining vehicle control in certain emergency circumstances to avoid interfering with the operation of authorized emergency vehicles.
H.4420 Juror Compensation Rep. Wetmore
This bill would raise juror compensation, which has not been updated in many years. All jurors would be paid mileage at the federally established rate. They would receive $25 per day for the first five days of jury service, and $50 per day for each day served after the initial five days of jury service.
H.4427 Judicial Merit Selection Commission Membership Reforms Rep. Bailey
An effort to revise the selection of members to the Judicial Merit Selection Commission. Replacing the current Senate process for naming its commission members, this proposal would instead have it consist of three Senators appointed by the President of the Senate, and two citizens appointed in the same manner. The House Speaker would appoint three House members and two citizens. No one could be a member of this commission longer than eight years.
Labor, Commerce, and Industry
S.542 "South Carolina Commercial Property Assessed Clean Energy and Resilience Act" Sen. Davis
This bill authorizes the establishment of commercial property assessed clean energy and resiliency (C‑PACE) programs that local governments may voluntarily implement to ensure that owners of agricultural, commercial, industrial, and multifamily residential properties can obtain low‑cost, long‑term financing for qualifying improvements by freely and willingly agreeing to have an assessment levied on their properties. The goals of this authorization are to increase economic development, add jobs, increase the sustainability and safety of the building stock, improve disaster and emergency response and at no costs to local governments, decrease energy and water costs and consumption, and encourage energy and water sustainability.
S.601 State Commodity Code Enforcement Sen. Young
This bill transfers the authority to execute the State Commodity Code to the South Carolina Attorney General. The legislation provides revised enforcement guidelines.
S.610 "Professional Counseling Compact Act" Sen. Cromer
This bill authorizes South Carolina to enter into a compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services.
H.4442 Central Bank Digital Currency Not Recognized in South Carolina Rep. Taylor
This bill revises the definition of "money" in South Carolina's Commercial Code so that it excludes a central bank digital currency.
S.399 Department of Health and Environmental Control Restructuring Sen. Peeler
This bill creates the Department Public Health comprised of the divisions, offices, and programs of the Department of Health and Environmental Control that perform health related functions. DHEC'S functions related to regulation and protection of the environment are transferred to and devolved upon the newly created Department of Environmental Services. The hydrology and aquatic nuisance species programs of the Land, Water and Conservation Division of the Department of Natural Resources are restructured as a division of the Department of Environmental Services. The food safety program in the Division of Food and Lead Risk Assessment and the Milk and Dairy Lab of the Department of Health and Environmental Control is restructured as a division of the Department of Agriculture. The authority to establish, manage, and operate veterans homes shall be transferred to the Department of Veterans' Affairs, and all powers and duties assigned to the Department of Mental Health regarding veterans homes being transferred to and devolved upon the Department of Veterans' Affairs.
S.739 South Carolina Housing Tax Credits Sen. Setzler
This joint resolution provides for a one-time allocation of South Carolina Housing Tax Credits funding.
H.4411 Minor Child's Income Excluded in Determining Household's SNAP Eligibility Rep. Trantham
This bill provides that any income earned by a child under eighteen years of age who is attending high school, or technical or vocational school is not counted toward household income for purposes of determining eligibility for and amount of Supplemental Nutrition Assistance Program benefits.
Tuesday, May 9, 2023
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The House Research Office uses the 17th edition of the Chicago Manual of Style, with practical modifications [i.e., 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 various stages and dates in the process).