Committee Report

February 22, 2023

S. 256

Introduced by Senators M. Johnson and Grooms

S. Printed 02/22/23--S.   [SEC 2/23/2023 12:22 PM]

Read the first time January 10, 2023

________

The committee on Senate Education

To who was referred a Bill (S. 256) to amend the South Carolina Code of Laws by adding Section 59-63-85 so as to provide public schools may allow students to possess and use certain sunscreen on school, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

   Amend the bill, as and if amended, SECTION 1, by striking Section 59-63-85(A)(2) and inserting:

      (2) "Sunscreen" means a topical, non-aerosol product regulated by the United States Food and Drug Administration for over-the-counter use for the purpose of limiting ultraviolet light induced skin damage. Sunscreen does not include prescription medication.

Amend the bill further, SECTION 1, by striking Section 59-63-85(B) and inserting:

   (B) Public schools shall not prohibit the possession or personal use of sunscreen.

Amend the bill further, by deleting SECTION 2.

Renumber sections to conform.

Amend title to conform.

GREG HEMBREE for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill provides that a public school or day camp regulated by DSS may allow students or campers, with parental consent, to possess and use certain sunscreen on school or camp property and at school or camp sponsored events or activities. Students and campers may possess and use sunscreen without being required to have a physician's note or prescription and without having to store the sunscreen at a particular location on school or camp property. A public school or day camp may also adopt policies to allow for the outdoor use of articles of sun protective clothing, including hats, sunglasses, and other articles of clothing the school or camp considers appropriate. Further, school or camp personnel may assist a student or camper in applying sunscreen if the school or camp has written consent from the student's or camper's parent or guardian. The bill specifies that a public school or day camp and its personnel are immune from civil liability for any actions taken in good faith compliance with the provisions of the bill. The bill further specifies that SCDE and DSS must provide assistance and guidance to public schools and day camps concerning the administration of the provisions of the bill.

S.C. Department of Education. This bill will have no expenditure impact on SCDE. The agency indicates that it can manage any costs associated with providing assistance and guidance to schools on the use of sunscreen within its current operating budget.

Department of Social Services. This bill will have no expenditure impact on DSS since the agency does not regulate summer day camps.

Local Expenditure

This bill provides that a public school or day camp regulated by DSS may allow students or campers, with parental consent, to possess and use certain sunscreen on school or camp property and at school or camp sponsored events or activities. Students and campers may possess and use sunscreen without being required to have a physician's note or prescription and without having to store the sunscreen at a particular location on school or camp property. A public school or day camp may also adopt policies to allow for the outdoor use of articles of sun protective clothing, including hats, sunglasses, and other articles of clothing the school or camp considers appropriate. Further, school or camp personnel may assist a student or camper in applying sunscreen if the school or camp has written consent from the student's or camper's parent or guardian. The bill specifies that a public school or day camp and its personnel are immune from civil liability for any actions taken in good faith compliance with the provisions of the bill.

The overall expenditure impact of this bill on the local school districts is undetermined due to the limited number and varying responses received from the district. SCDE surveyed the seventy-three regular school districts and the three charter districts regarding the expenditure impact of this bill and received responses from thirty-one districts. Of the responding districts, thirty indicate that the bill will have no expenditure impact, as any expenses will be minimal and can be managed with existing resources and staff. However, several districts note that this estimate could change if a significant number of students require assistance applying sunscreen. One responding district indicates that the bill could increase expenses by approximately $5,000 for additional staff to keep track of which students have permission to use sunscreen and monitor students to ensure they do not share sunscreen with others that do not have parental consent.

State Expenditure

This bill provides that a public school or day camp regulated by DSS may allow students or campers, with parental consent, to possess and use certain sunscreen on school or camp property and at school or camp sponsored events or activities. Students and campers may possess and use sunscreen without being required to have a physician's note or prescription and without having to store the sunscreen at a particular location on school or camp property. A public school or day camp may also adopt policies to allow for the outdoor use of articles of sun protective clothing, including hats, sunglasses, and other articles of clothing the school or camp considers appropriate. Further, school or camp personnel may assist a student or camper in applying sunscreen if the school or camp has written consent from the student's or camper's parent or guardian. The bill specifies that a public school or day camp and its personnel are immune from civil liability for any actions taken in good faith compliance with the provisions of the bill. The bill further specifies that SCDE and DSS must provide assistance and guidance to public schools and day camps concerning the administration of the provisions of the bill.

S.C. Department of Education. This bill will have no expenditure impact on SCDE. The agency indicates that it can manage any costs associated with providing assistance and guidance to schools on the use of sunscreen within its current operating budget.

Department of Social Services. The expenditure impact of this bill on DSS is pending, contingent upon a response.

Local Expenditure

This bill provides that a public school or day camp regulated by DSS may allow students or campers, with parental consent, to possess and use certain sunscreen on school or camp property and at school or camp sponsored events or activities. Students and campers may possess and use sunscreen without being required to have a physician's note or prescription and without having to store the sunscreen at a particular location on school or camp property. A public school or day camp may also adopt policies to allow for the outdoor use of articles of sun protective clothing, including hats, sunglasses, and other articles of clothing the school or camp considers appropriate. Further, school or camp personnel may assist a student or camper in applying sunscreen if the school or camp has written consent from the student's or camper's parent or guardian. The bill specifies that a public school or day camp and its personnel are immune from civil liability for any actions taken in good faith compliance with the provisions of the bill.

The overall expenditure impact of this bill on the local school districts is undetermined due to the limited number and varying responses received from the district. SCDE surveyed the seventy-three regular school districts and the three charter districts regarding the expenditure impact of this bill and received responses from thirty-one districts. Of the responding districts, thirty indicate that the bill will have no expenditure impact, as any expenses will be minimal and can be managed with existing resources and staff. However, several districts note that this estimate could change if a significant number of students require assistance applying sunscreen. One responding district indicates that the bill could increase expenses by approximately $5,000 for additional staff to keep track of which students have permission to use sunscreen and monitor students to ensure they do not share sunscreen with others that do not have parental consent.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

________

A bill

to amend the South Carolina Code of Laws by adding Section 59-63-85 so as to PROVIDE PUBLIC SCHOOLS MAY ALLOW STUDENTS TO POSSESS AND USE CERTAIN SUNSCREEN ON SCHOOL PROPERTY AND AT SCHOOL SPONSORED EVENTS WITH PARENTAL CONSENT, TO DEFINE NECESSARY TERMS, TO PROVIDE PUBLIC SCHOOLS MAY ADOPT POLICIES ALLOWING STUDENTS TO USE ARTICLES OF SUN PROTECTIVE CLOTHING, TO PROVIDE SCHOOL DISTRICTS MAY ALLOW SCHOOL PERSONNEL TO ASSIST STUDENTS IN APPLYING SUNSCREEN WITH WRITTEN PARENTAL CONSENT, TO PROVIDE CIVIL LIABILITY PROTECTIONS FOR GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF THIS ACT, TO PROVIDE FOR THE CONSTRUCTION OF THIS ACT, AND TO PROVIDE THE STATE DEPARTMENT OF EDUCATION SHALL PROVIDE CERTAIN RELATED ASSISTANCE AND GUIDANCE TO SCHOOLS CONCERNING THE ADMINISTRATION OF APPLICABLE PROVISIONS OF THIS ACT; and by adding Section 63-13-220 so as to PROVIDE DAY CAMPS REGULATED BY THE DEPARTMENT OF SOCIAL SERVICES MAY ALLOW CAMPERS TO POSSESS AND USE CERTAIN SUNSCREEN ON SCHOOL PROPERTY OR AT SCHOOL SPONSORED EVENTS WITH PARENTAL CONSENT, TO DEFINE NECESSARY TERMS, TO PROVIDE THESE DAY CAMPS MAY ADOPT POLICIES ALLOWING CAMPERS TO USE ARTICLES OF SUN PROTECTIVE CLOTHING, TO PROVIDE THESE DAY CAMPS MAY ALLOW THEIR PERSONNEL TO ASSIST CAMPERS IN APPLYING SUNSCREEN WITH WRITTEN PARENTAL CONSENT, TO PROVIDE CIVIL LIABILITY PROTECTIONS FOR GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF THIS ACT, TO PROVIDE FOR THE CONSTRUCTION OF THIS ACT, AND TO PROVIDE THE STATE DEPARTMENT OF SOCIAL SERVICES SHALL PROVIDE CERTAIN RELATED ASSISTANCE AND GUIDANCE TO DAY CAMPS CONCERNING THE ADMINISTRATION OF APPLICABLE PROVISIONS OF THIS ACT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.   Article 1, Chapter 63, Title 59 of the S.C. Code is amended by adding:

   Section 59-63-85.   (A) As used in this section:

      (1) "School" means a public or charter school.

      (2) "Sunscreen" means a topical, nonaerosol product regulated by the United States Food and Drug Administration for over-the-counter use for the purpose of limiting ultraviolet light induced skin damage. Sunscreen does not include prescription medication.

   (B) Public schools may allow students, with parental consent, to possess and use sunscreen while on school property or at a school sponsored event or activity without being required to have a physician's note or prescription and without having to store the sunscreen at a particular location on the school property.

   (C) A public school may adopt a policy to allow for outdoor use of articles of sun protective clothing while on school property or at school sponsored events, including hats, sunglasses, and other articles of clothing the school considers appropriate. A school that adopts such a policy may allow outdoor use of articles of sun protective clothing by students pursuant to its policy.

   (D) A school district may allow school personnel to assist a student in applying sunscreen if the school has written consent from the student's parent or guardian.

   (E) A school and its personnel are immune from civil liability for any actions taken in good faith compliance with the provisions of this section. This civil immunity does not apply to an act or omission that constitutes gross negligence or wilful, wanton, or intentional misconduct.

   (F) The provisions of this section may not be construed to:

      (1) require school personnel to assist students in applying a topical sunscreen product; or

      (2) prohibit a school from otherwise allowing a topical, aerosol sunscreen product under school policy.

   (G) The State Department of Education shall provide assistance and guidance to schools concerning the administration of this section.

SECTION 2.   Article 1, Chapter 13, Title 63 of the S.C. Code is amended by adding:

   Section 63-13-220.   (A) As used in this section:

      (1) "Day camp" or "camp" means a school vacation camp or school holiday camp for children that is not exempt from regulation by the Department of Social Services pursuant to Section 63-13-20(4)(e).

      (2) "Camper" means a child attending a day camp.

      (3) "Sunscreen" means a topical, nonaerosol product regulated by the United States Food and Drug Administration for over-the-counter use for the purpose of limiting ultraviolet light induced skin damage. Sunscreen does not include prescription medication.

   (B) A camper may, with written consent from his parent or guardian, possess and use sunscreen while on camp property or at a camp sponsored event or activity without being required to have a physician's note or prescription and without having to store the sunscreen at a particular location on camp property.

   (C) A day camp may adopt a policy to allow for outdoor use of articles of sun protective clothing, including hats, sunglasses, and other articles of clothing the camp considers appropriate. A day camp that adopts such a policy may allow campers outdoor use of articles of sun protective clothing pursuant to its policy.

   (D) A day camp may allow its personnel to assist a camper in applying sunscreen if the camp has written consent from the parent or guardian of the camper.

   (E) A day camp and its personnel are immune from civil liability for any actions taken in good faith compliance with the provisions of this section. This civil immunity does not apply to an act or omission that constitutes gross negligence or wilful, wanton, or intentional misconduct.

   (F) The provisions of this section may not be construed to:

      (1) require day camp personnel to assist campers in applying a topical sunscreen product; or

      (2) prohibit a day camp from otherwise allowing a topical, aerosol sunscreen product under camp policy.

   (G) The department shall provide assistance and guidance to day camps concerning the administration of this section.

SECTION 3.   This act takes effect upon approval by the Governor.

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