South Carolina House of Representatives
James H. "Jay" Lucas, Speaker of the House
OFFICE OF RESEARCH AND CONSTITUENT SERVICES
Room 212, Blatt Building, P.O. Box 11867, Columbia, S.C. 29211, (803) 734-3230
The House of Representatives took up legislation that draws upon the work of the special House Utility Ratepayer Protection Committee which was appointed by the Speaker of the House following the announcement from Santee Cooper and SCANA's South Carolina Electric and Gas that construction on the V.C. Summer nuclear reactors in Fairfield County was being abandoned after billions of dollars in fees had been collected from South Carolina's ratepayers under the Base Load Review Act to support the failed nuclear power project. The House gave second reading approval to H.4377, a bill providing REFORMS FOR THE PUBLIC SERVICE COMMISSION, the body that provides oversight and renders decisions in public utility matters. The legislation ends the terms of those currently serving on the Public Service Commission and sets up new staggered terms so that the General Assembly is scheduled to hold elections to fill some of the seven PSC seats this year and the rest of the seats next year. The legislation requires all the members of the Public Service Commission to meet the qualifications established for educational attainment or technical experience by eliminating an exception that allows the criteria to be waived through a supermajority vote of those screening PSC candidates. Continuing education requirements are expanded to require the commissioners and their employees to attend at least six hours of classes each year with a curriculum which directly relates to the subject matter for which the commission is responsible. New restrictions and reporting requirements are imposed on reimbursements for such costs as travel, food, and lodging incurred in fulfilling continuing education requirements in order to avoid the appearance of impropriety and prevent payments that could influence the performance of official duties. The legislation eases restrictions on communications with members or staff of the Public Utilities Review Committee or any other legislative committee charged with review of the commission. The PSC is afforded more expansive authority to conduct examinations, including physical inspection of facilities, of all those who are subject to its jurisdiction. The legislation provides that, before making a determination, the commissioners shall question the parties thoroughly during hearings of contested cases when appropriate.
The House amended, approved, and sent the Senate H.4727, legislation RESTRUCTURING AND REAUTHORIZING THE SOUTH CAROLINA CONSERVATION BANK on a permanent basis. The legislation revises the composition of Board that governs the South Carolina Conservation Bank which acquires interests from willing sellers in real property that is worthy of conservation for environmental, aesthetic, or historical reasons. These revisions include an expansion of the fourteen-member board to fifteen, by adding the Commissioner of Agriculture and the Secretary of Commerce, or their designees, and eliminating one of the Governor's at-large appointments. The members from the Department of Natural Resources, the Forestry Commission, the Department of Parks, Recreation and Tourism, the Department of Agriculture, and the Department of Commerce are afforded voting privileges, but may not serve as chairman. Effective July 1, 2018, the South Carolina Conservation Bank board must be made up of members selected under the revised provisions of the legislation so that current members would need to be reappointed in order to continue serving on the board. The legislation charges the Conservation Bank with the duty of creating and updating a conservation prioritization map. The legislation makes revisions to place a greater emphasis on public access to conserved land. The Conservation Bank is authorized to coordinate all the environmental mitigation that has been required of various state agencies. The legislation prohibits the award of a grant or loan unless the funds are presently available in the trust fund. The Bank may not authorize the purchase of a conservation easement of more than $1 million without obtaining approval from the State Fiscal Accountability Authority. The Bank may award grant money to the Department of Natural Resources, the Department of Parks, Recreation and Tourism, or the Forestry Commission for the purpose of improving public access to conserved land. The legislation eliminates provisions for funding the Conservation Bank with a portion of deed recording fees that has served as a dedicated revenue stream, and instead provides for the Bank to be funded through appropriations like most state agencies. The legislation eliminates the requirements for the General Assembly to reauthorize the Conservation Bank periodically in order for it to continue to exist.
The House approved and sent the Senate H.4729, LIQUOR SALES legislation which follows a South Carolina Supreme Court ruling that found limitations placed on the issuance of retail liquor licenses to be unconstitutional. Through this legislation, the General Assembly affirms its police power to regulate the business of retail liquor sales in the interest of the public's health, safety, and welfare. The legislation specifies that this police power includes regulating the number and localities of retail dealer licenses that a person may be issued in order to prevent monopolies and avoid problems associated with indiscriminate price cutting, excessive advertising of alcoholic products, and concentration of retail liquor stores in close proximity. Under the legislation, an individual continues to be subject to the limitation that no more than three retail dealer licenses may be issued to any one licensee. The legislation includes authority for a licensed wholesaler to deliver new alcoholic liquor in certain size bottles directly to those licensed to sell alcoholic liquors for onpremises consumption, in such places as bars and restaurants, for a limited period following the product's introduction.
The House amended, approved, and sent the Senate H.4643, a bill facilitating DIRECT PRIMARY CARE AGREEMENTS between patients, or their legal representatives, and health care providers, who in exchange for a fee, agree to provide routine health care services, such as screening, assessment, diagnosis, laboratory work, and the provision of medical supplies and prescription drugs that are prescribed or dispensed in a health care provider's office. As a means of ensuring that these direct arrangements between patients and physicians are available as an option and free from undue regulation, the legislation provides that a direct primary care agreement is not a contract of insurance and is not subject to regulation by the Department of Insurance.
The House approved and sent the Senate H.4858, a bill designating the twentyfirst day of October of each year as "DR. RONALD MCNAIR DAY" so that the anniversary of McNair's birth in Lake City, South Carolina, may be used to pay tribute to his distinguished career as a NASA astronaut and to memorialize his tragic death as a member of the Challenger crew on the fateful day of January 28, 1986, when the space shuttle exploded shortly after liftoff from the Kennedy Space Center.
The House amended, approved, and sent the Senate H.4077, a bill CODIFYING INCOME TAX CREDITS FOR THE EDUCATION OF CHILDREN WITH EXCEPTIONAL NEEDS. These provisions have been included as a budget proviso in general appropriation acts for the last five years.
The House approved and sent the Senate H.4675, a bill UPDATING AND ENHANCING CAPTIVE INSURANCE PROVISIONS. The legislation enacts changes recommended by the Department of Insurance as a means of making South Carolina more competitive in the captive insurance marketplace.
The House amended, approved, and sent the Senate H.4657, a bill UPDATING ADMINISTRATIVE PENALTIES FOR INSURERS which enacts recommendations of the Department of Insurance.
The House amended, approved, and sent the Senate H.4828, legislation providing for SOUTH CAROLINA YOUTH HUNTING DAY to be held on the Saturday before the regular Game Zone season framework for hunting antlered deer only. The daily bag limit on this day is one antlered deer.
The House amended, approved, and sent the Senate H.4807, legislation providing an extension for WILD TURKEY HUNTING SEASON and bag limit revisions while the Department of Natural Resources conducts its required study of the state's wild turkey population.
The House approved and sent the Senate H.4272, a bill providing another EXTENSION FOR THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT, Act 378 of 2004, so that the one percent special sales and use tax imposed by the legislation is extended for an additional seven years.
The House approved and sent the Senate H.4478, a bill providing the Director of the Criminal Justice Academy explicit authority to determine the LOCATIONS WHERE LAW ENFORCEMENT OFFICER TRAINING IS PROVIDED. The House Legislative Oversight Committee has recommended the legislation to affirm that the director is authorized to set up training that is offered, not only at the academy, but also in locations throughout the state.
The House approved and sent the Senate H.4411, a bill that codifies a budget proviso that has been included in recent appropriation acts by eliminating the COASTAL ZONE MANAGEMENT APPELLATE PANEL as obsolete. The House Legislative Oversight Committee has recommended the repeal of the appellate panel provisions since contested cases and appeals are now handled under a uniform procedure at the Department of Health and Environmental Control.
The Agriculture, Natural Resources and Environmental Affairs Committee met on Thursday, February 15, 2018 and reported out three bills.
H.4704, a bill which categorizes current procedures for the issuance of general permits available for TIDELAND CRITICAL AREAS OF THE COASTAL ZONE, was given a favorable recommendation by the committee.
The committee gave a favorable with amendment recommendation to H.4683, legislation that reestablishes and provides guidelines for baselines in the "BEACHFRONT MANAGEMENT REFORM ACT". Between the establishment cycle of January 1, 2016, and December 31, 2019, the department must use the established baselines and setback lines that were established by January 31, 2012. After December 31, 2023, the department must initiate baselines and setback lines for all geographic areas where baselines and setback lines were established by January 31, 2012. The bill also changes the appeals process to allow property owners to have one year to be granted a review of the baseline and setback line.
H.4836, a bill dealing with failed DAMS from the 2015 historic flood, was given a favorable report by the full committee. After considerable discussion, the bill requires DOT to proceed immediately with the process of repairing the public road or highway running across the top of a dam that failed or suffered a breach between October 1, 2015, and October 15, 2015. This applies to public roads or highways in the state highway system if suitable rights of way or easements afford the state or DOT the right to do so without the necessity of saving or repairing the dam. If suitable rights of way or easements do not exist, DOT must begin the process of acquiring them by all available and lawful means.
The Committee passed, as amended, H.4078, the MILITARY PRIORITY REGISTRATION ACT, so as to provide priority course enrollment for military related students. The bill asserts definitions and procedures for priority and proof of militaryrelated status, seeking to ease the submission of materials.
The Committee passed, as amended, H.3820, OPIOID EDUCATION IN SECONDARY SCHOOLS. This bill, as a part of the public school Comprehensive Health Education Program, requires certain instruction in prescription opioid abuse prevention in grades nine through twelve beginning with the 2017-2018 school year, also to include instruction on the connection between opioid abuse and addiction to other drugs, such as heroin.
The Committee passed, as amended, H.4434, DYSLEXIA SCREENING. This bill requires the state Department of Education to establish and provide training and support for a statewide multi-tiered support system (MTSS) framework with three tiers of interventions. The MTSS framework will consist of a data based system to match instructional resources to educational needs, an ongoing system of student assessment, and a layered continuum of support. The department would develop a universal screening process to screen for identifying students who may be at risk for problems in reading, math, writing, and social-emotional development. The screening would be used by local school districts through their existing response to intervention framework. Beginning in the 2019-20 school year, school districts are to use the universal screening process to screen each child from kindergarten through second grade at least three times a year. Each district will convene a school-based team to analyze screening data and progress-monitoring data to assist teachers and students. If the screening process indicates the student is at risk for problems the district will notify the parent or guardian and provide information regarding the problem, provide the student with appropriate intervention and monitor the progress of the student. Additionally, this bill requires the department to provide professional development resources for educators for identification and intervention methods for students who are at risk, including students with dyslexia.
H.4596 on COMPETENCY BASED SCHOOLS was passed by the Committee and provides a process for the exemption of competency based schools from certain applicable laws and regulations, and provides related requirements for competency based schools, the State Department of Education, and the Commission on Higher Education. A district that wishes to obtain an exemption shall submit a waiver application to the State Board of Education in a format developed by the State Department of Education. The bill provides a list of wavier requirements. A competency-based education school is designed to improve educational outcomes for students by advancing their mastery of concepts and skills through the following core principles: application and creation of World Class Knowledge; and the development and application of the World Class Skills and Life and Career Characteristics identified in the Profile of the South Carolina Graduate. If a school is selected to become a competency based education school, the students enrolled in the school are considered full-time equivalent students for the purpose of calculating state financial support, average daily membership, and attendance while participating in the competency-based education program. The department is directed to develop separate evaluation criteria and guidelines for schools implementing competency based education and to conduct a biennial review of such schools. If the biennial review shows that the goals or objectives of the competency based school are not being met, the exemptions granted for that school may be revoked. The department is also directed to develop a process to ensure that schools and districts are not penalized for the purposes of accreditation and to ensure that students are not penalized when transferring between schools with and without competency based systems.
The Committee passed, with amendment, H.4810, the SCHOOL METAL DETECTOR STUDY COMMITTEE. This bill as amended creates a seven member School Metal Detector Study Committee to study whether it is in the public interest to require the installation and use of metal detectors at public schools in the state. The committee will be comprised of three members from the Senate appointed by the Chairman of the Senate Education Committee, three members from the House appointed by the Chairman of the House Education and Public Works Committee, and one additional member with a background in law enforcement appointed by the State Superintendent of Education. The committee will make a report of its recommendations to the General Assembly within ninety days of the effective date of this amended bill. After reporting to the General Assembly, the committee will dissolve.
H.3294, LIABILITY INSURANCE LAPSE, as passed by the Committee, provides that the per diem fine assessed by the Department of Motor Vehicles upon a person whose motor vehicle liability insurance has lapsed shall not be assessed against a person whose insurance has lapsed due to his incarceration.
H.4682, PROOF OF FINANCIAL RESPONSIBILITY, as passed by the Committee, deletes the filing of a bond and the filing of a certificate of deposit of money or securities as methods of establishing proof of financial responsibility.
H.4618, DEALER PLATES, as passed by the Committee, reduces the minimum number (from twenty to fifteen) of motor vehicle sales a dealer must make before he may be issued a dealer plate (and the number of motor vehicles he must sell before he may be issued additional dealer plates). The bill also reduces the number (from twenty to fifteen) of motor vehicles that must be sold by a dealer participating in a manufacturer program to obtain additional plates.
The Committee passed H.4676, UNITED STATES SELECTIVE SERVICE, which relates to the issuance of a beginner's permit, a conditional driver's license, and a special restricted driver's license, and the requirement that certain individuals must register with the United States Selective Service. This bill makes changes as to who may sign the application for a license or identification card for an individual who is less than eighteen years of age as it relates to registration with the Selective Service System. In addition to the mother, father, and guardian, individuals who have custody of the minor, individuals with written approval by the Department of Social Services (DSS), individuals who have been standing in loco parentis of a minor of not less than sixty days, or a responsible adult who is willing to assume the obligation and has written permission may sign the application. By signing the application, the signatory authorizes the Department of Motor Vehicles (DMV) to register the applicant with the Selective Service System upon attaining eighteen years of age, if required by federal law. Additionally, if the signatory declines the Selective Service System registration, DMV may issue a license or identification card, but the applicant must renew the license or identification card upon attaining eighteen years of age.
The Committee passed, as amended, H.4672, VISION SCREENING which requires that vision screening is required and upon renewal of a driver's license after October 1, 2019, and to provide that a certificate of vision examination form must be executed by the certifying ophthalmologist or optometrist.
The Committee passed H.3739, DOT CONSTRUCTION. The bill provides definitions to distinguish between large and small public water utilities and public sewer utilities. A small public water utility is defined as a public water utility that has 10,000 or fewer water taps and serves a population of 30,000 or less. A small public sewer utility is defined as a public sewer utility that has 10,000 or fewer sewer connections and serves a population of 30,000 or less. This amendment also provides that in order to be eligible for payment of relocation costs, the relocation must be placed under the control of the general contractor for the transportation improvement project. Additionally, the public water or sewer utility must meet the bidding and construction schedule established by the entity undertaking the transportation improvement project in order to be eligible for payment of the relocation. The transportation improvement project must bear all of the relocation costs, including design costs for a small public water utility or small public sewer utility. The transportation improvement project must bear all of the relocation costs, including design costs, up to 4 percent of the original construction bid amount for a large public water utility. In instances where more than one large public water utility or large public sewer utility are required to relocate by a single transportation improvement project, the total cost share of up to 4 percent must be divided pro rata among the large public water or public sewer utilities. For a transportation improvement project that impacts both a large public utility and a small public utility, the entity undertaking the transportation improvement must pay all of the small public utility's relocation costs, without limitation. The entity must also pay up to 4.5 percent, minus the costs of the small public utility's relocation costs, of the original construction bid amount of the transportation improvement project toward the large public entity's relocation costs. A large public water utility or a large public sewer utility may choose not to have the relocation placed under the control of the general contractor, provided that a memorandum of agreement outlining meeting requirements and other milestones that the public utility must meet is agreed upon by the entity undertaking the transportation improvement project. Failure to meet the memorandum requirements will result in the utility having to bear all relocation costs. This amendment applies to all transportation improvement projects that have not had funds authorized for preliminary engineering by the effective date of the act.
H.3595, VEHICLE SAFETY, as passed by the Committee provides that a driver of a motor vehicle approaching a vehicle collecting solid waste or recovered materials must proceed with caution and, if possible, yield the right of way by making a lane change into a lane that is not adjacent to the vehicle collecting solid waste or recovered materials. The bill provides for a penalty.
The Committee passed H.4679, the AIR AMBULANCE AFFORDABILITY ACT, provides that no aircraft may be operated as an air ambulance without a permit issued by the appropriate authorities, provides requirements for this permit, and provides for the duration of the permit absent revocation or suspension. The bill also amends definitions concerning emergency medical services, so as to define the term "air ambulance" (meaning "an aircraft intended for use and maintained and operated to transport people who are sick, injured, or otherwise incapacitated." The bill provides extensive definitions related to these aircraft and this subject (patients, health professionals and circumstances). The bill also provides that all individual and group health insurance policies and health maintenance organizations shall provide coverage for air ambulance transportation to a hospital or medical facility for emergency treatment or when a physician considers air transportation a medical necessity. The bill also addresses how this coverage must pay for air ambulance transportation under these policies and provides that the rate requirement is retroactive five years from the effective date.
The full committee gave a favorable report to S.6 MALTREATING POLICE HORSES OR DOGS. This legislation increases penalties for teasing, maltreating, or injuring police dogs or horses. Allows fines up to $10,000 and/or up to 10 years in jail for anyone who tortures, mutilates, injures, disables, poisons, or kills a police dog or horse. Victims of these incidents are entitled to recover restitution to pay the cost of the dog or horse injured or killed. Offenders can be required to serve up to 500 community service hours at an animal-related organization or foundation.
A favorable report with amendments was also given to H.4705 RELIGIOUS COUNSELORS MANDATED CHILD ABUSE REPORTERS. Mandated reporters of child abuse or neglect would include clerical--and nonclerical--religious counselors or anyone holding themselves out as a counselor, as well as firefighters, camp counselors, and scout leaders under this bill.
It also gave a favorable report to H.4475 DEPARTMENT OF PUBLIC SAFETY REORGANIZATION. This legislation, introduced as a result of the House Oversight Committee review of the SC Department of Public Safety, clarifies the structure of the department and requires it to maintain a list of its divisions on its website.
Last, the committee gave a favorable report, with amendment, to H.4479 LAW ENFORCEMENT TRAINING COUNCIL HEARING OFFICERS. This legislation authorizes the law enforcement training council to appoint attorneys to sit as hearing officers for contested case hearings. Under this proposed legislation, no person who has a pending misconduct allegation could be employed as a law enforcement officer, employed as a telecommunications operator, have the authority of a law enforcement officer, perform any duties of a law enforcement officer, or exercise the power of arrest until a decision authorizing the person to be so employed is made. Sets out the procedure for handling allegations of law enforcement misconduct. Once an officer requests a hearing, that hearing must be held within 60 days of its request.
The Medical, Military, Public and Municipal Affairs Committee met on Tuesday, February 13, 2018 and reported out several bills.
H.3819, a bill regarding REQUIREMENTS FOR PRESCRIPTION OF OPIOID ANALGESICS TO MINORS, was given a favorable with amendment recommendation by the committee. The bill outlines that a prescriber must document informed counseling of the risk factors with the minor's parent or guardian. In addition, the bill requires the parent to provide an informed written consent form. If the individual who gives consent is another adult authorized by a parent or guardian to consent to the minor's medical treatment, the prescriber cannot prescribe more than a single, seventytwohour supply of the opioid. The bill also exempts counseling and the informed consent requirement when a minor's treatment with an opioid falls under certain conditions.
The bill does provide an exemption for a doctor who has an established relationship with a patient for the treatment of a chronic condition as long as the doctor checks the patient's controlled substance history at least every three months. This primarily is for doctors who prescribe Adderall for children with ADHD.
H.4492, legislation dealing with SCHEDULE II CONTROLLED SUBSTANCES, was given a favorable with amendment recommendation by the committee. Under the current law, these prescriptions are limited to no more than a 31 day supply. This bill revises the limit to no more than 120 tablets or capsules, or 480 milliliters of an opiate containing liquid in a 31-day supply.
The Legislative Oversight Review Committee conducted a review of the South Carolina Department of Environmental Control (DHEC). As a result, the committee offered several legislative recommendations in the next four bills to improve the agency's effectiveness.
H.4485, legislation relating to several ADMINISTRATIVE UPDATES TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL, was given a favorable recommendation by the full committee. The bill updates the legislation outlining DHEC's current practice of dividing the state into health regions which is supervised by a regional health director who reports to the director of the department. It deletes obsolete code sections that establish the Catawba Health District which no longer exists. The legislation also clarifies that appeals from administrative decisions can be provided electronically upon request.
H.4410, a bill regarding the LICENSING OF TATTOO FACILITIES, was given a favorable recommendation by the committee. This bill gives DHEC the authority to impose a monetary penalty on a person who violates the statute or operates an unlicensed tattoo facility.
H.4412, a bill regarding the REGULATIONS OF TANNING FACILITIES, was given a favorable with amendment recommendation by the committee. To protect the public's health and safety, this bill allows DHEC to conduct a tanning facility inspection without a complaint. The bill also deletes the $30,000 fee retention cap and authorizes the department to retain those fees only to administer the program.
H.4426, a bill regarding the LICENSES OF BODY PIERCING FACILITIES, was given a favorable with amendment recommendation by the committee. This bill gives DHEC another option for penalizing a facility that is not in compliance with licensing requirements by allowing the agency to impose a monetary penalty.
And finally, the committee gave a favorable report to H.3622, a bill which EXPANDS THE PODIATRIC SCOPE OF PRACTICE. The bill allows diagnosis and surgical, medical and mechanical treatment of the foot, ankle, and related soft tissues of the leg up to the level of the distal myotendinous junction in the calf. It also deletes the provision that prohibits a podiatrist from amputating a foot or toes and the bill allows the use of localized infiltration. This bill requires that certain podiatric surgery must be performed in an accredited hospital or ambulatory surgical center. A podiatrist who performs these surgeries must be board-certified, must have graduated from an accredited three-year residency program in podiatric medicine and surgery, and must satisfy all requirements for credentials outlined by the facility.
H.4946 ISSUANCE OF SHELLFISH IMPORTATION PERMITS Rep. Erickson
The bill deletes the provision that allows the Department of Natural Resources to issue permits to persons to possess, produce, purchase, or sell genetically modified shellfish. The bill also deletes the provision that prohibits the placement of genetically modified shellfish in the waters without a permit.
H.4913 PENN CENTER HERITAGE DAY Rep. M. Rivers
This bill designates the second Saturday of November of each year as "Penn Center Heritage Day" in South Carolina.
H.4914 REVEREND IKE DAY Rep. M. Rivers
This bill designates the first day of June of each year as "Reverend Ike Day" in South Carolina.
H.4934 RECESS OR ACTIVITY PERIODS Rep. Bennett,
This bill provides that public school district boards of trustees shall direct their schools to provide students in kindergarten through eighth grade with two daily recess or activity periods in addition to the time required to meet existing physical education standards.
H.4948 SCHOOL ENROLLMENT Rep. Clary
This bill provides that people whose residences move from one county to another due to boundary reestablishments may enroll their children in the county in which they resided before the boundary reestablishment, to provide they are not required to enroll their children in schools in the county in which their residence was located before the reestablishment.
H.4901 LIQUOR LICENSE REFORMS Rep. Ott
Under this proposed legislation, businesses licensed sell liquor drinks, would no longer have to also serve food or provide lodging.
H.4912 DUI, DUS, AND HABITUAL OFFENDER PENALTIES REFORM Rep. Tallon
For offenses occurring after October 1, 2014, this legislation modifies existing laws related to suspension of driver's licenses, ignition interlock device programs, reinstatement of permanently revoked driver's licenses, remove the requirement that a person seeking to have a license issued must first provide proof that any fine owed has been paid, allow drivers classified as habitual offenders to obtain a driver's license with an interlock restriction when they participate in the interlock ignition program, eliminates provisional driver's licenses for first offense driving under the influence, removes exceptions to ignition interlock devices for nonresident offenders as well as for first-time DUI offenders who did not refuse to submit to chemical tests and had an alcohol concentration of less than fifteen one hundredths of one percent or more, requires device manufacturers to pay certification fees associated with ignition interlock devices, permits drivers with permanently revoked licenses after October 2014 to seek relief after five years have passed, and makes the records of the ignition interlock devices the records of the SC Department of Probation, Pardon and Parole.
H.4933 REGIONAL HEALTH SERVICE DISTRICT BOARD: CONFLICT OF LAWS Rep. Cole
The powers and duties of regional health services district boards of directors would be governed by state antitrust law any conflict exists between it and United States antitrust laws. Any exercise of power by a regional health services district with respect to the ownership, operation, management, or lease of a hospital, health care facility, or other exercise of power would also be governed by applicable South Carolina law under his proposal.
H.4945 GREENVILLE HEALTH SYSTEM BOARD OF TRUSTEES Rep. Loftis
Adds itemized duties and a new selection process for the Greenville Health System Board of Trustees. Appoints an interim president and sets out duties for this interim leader. Forms a new nonprofit, 501(c)(3) entity. Would require a competitive bidding process for its purchasing. Also would prohibit public money, or assets, to be used to pursue legal challenges related to this act. Any executive occupying office space controlled by Greenville Health System would have to vacate it. Repeals all existing provisions in conflict with the new organizational structure set out in this legislation. However, in the event that the South Carolina Supreme Court issues its opinion that the existing board of trustees operated within its legal authority, then this act would be declared void.
H.4949 MARRIAGE AND CONSTITUTION RESTORATION ACT Rep. Long
The proposed Marriage and Constitution Restoration Act would define parody marriage and redefine marriage. Parody marriages policies would be considered nonsecular. Our state could not respect, endorse, or recognize any parody marriage policies that treat sexual orientation as a suspect class.
H.4953 DISCRETIONARY ZONING APPEAL PRELITIGATION MEDIATION Rep. Cogswell
Any zoning appeal prelitigation mediation would be discretionary, rather than mandatory, under this bill. This discretionary prelitigation mediation could occur after any person, who is not the property owner, moves to intervene as a party. Under this proposal, this change would remain valid even when a board of architectural review has determined that the intervenor has a substantial interest in the decision.
H.4954 SOUTH CAROLINA INCLUSIONARY ZONING ACT Rep. Cogswell
The South Carolina Inclusionary Zoning Act would allow counties, and cities to use inclusionary zoning strategies to increase affordable housing offerings.
H.4956 CONCEALED WEAPONS ON SCHOOL PROPERTY Rep. Pitts
Concealed weapon permit holders would be exempt from any prohibitions against the possession of firearms on school property.
H.4957 PULL YOUR PANTS UP Rep. Jefferson
This legislation would make it unlawful for anyone to wear pants sagging more than three inches below their ileum. Violators would be barred from participating in state college or university financial assistance programs. Jurisdiction for processing these violations would be in municipal, or magistrate/summary, court.
S.955 SCREENING CANDIDATES FOR THE PUBLIC SERVICE COMMISSION
This joint resolution directs the Public Utilities Review Committee to resume screening candidates for the Public Service Commission, Seats 2, 4, and 6, and to advertise for these positions for an additional time period beginning no later than February 16, 2018, through March 2, 2018, and to accept applications from February 22, 2018, through noon on March 5, 2018.
H.4909 FINES FOR LACKING POSITIVE TRAIN CONTROL TECHNOLOGY Rep. Rutherford
This bill provides that, for passenger railroad companies and Class I freight railroad companies, the operation of locomotives in this state that lack positive train control technology is not conducive to public safety. The legislation establishes fines for violations, and provides that fines collected must be used to fund railroad safety inspections and programs.
H.4935 SOUTH CAROLINA PALLIATIVE CARE AND QUALITY OF LIFE STUDY COMMITTEE Rep. Felder
The bill creates the South Carolina Palliative Care and Quality of Life Study Committee. This eleven-member committee shall consult with and advise the Division on Aging on matters related to the establishment, maintenance, operation, and outcomes evaluation of palliative care initiatives. "Palliative care" means an approach which improves the quality of life of patients and their families facing the issues associated with chronic lifethreatening illness. The study committee shall submit its findings and recommendations to the Governor and the General Assembly by December 31, 2019, at which time the study committee will the dissolved.
H.4947 STATE GOVERNMENT ANNUAL OR SICK LEAVE POOL ACCOUNT Rep. Howard
In the event of a medical emergency, a state employee may make a written request to his employing agency that a specified number of hours of his accrued annual or sick leave account be transferred from his annual or sick leave account to a specific leave recipient rather than to a leave pool account, subject to the approval of the agency director.
H.4910 ALLOCATION OF TAX CREDITS FOR REHABILITATING ABANDONED BUILDINGS AND HISTORIC STRUCTURES Rep. Simrill
This bill revises provisions relating to the tax credit for rehabilitating an abandoned building or a certified historic structure to specify the manner in which unused credit may be carried forward and allocated.
H.4911 STATE HEALTH INSURANCE COVERAGE OF COLD CAP AND SCALP COOLING SYSTEMS Rep. Huggins
This bill revises provisions governing the Public Employee Benefit Authority to require the group health plan to cover cold cap and scalp cooling systems, beginning August 15, 2019.
H.4930 REMOVING EARNINGS LIMITATIONS FOR TEACHERS AND LAW
ENFORCEMENT OFFICERS WHO ARE STATE RETIREES RETURNING TO WORK Rep. Bryant
This bill revises provisions relating to the amount of compensation that may be earned upon returning to covered employment under the South Carolina Retirement System, so as to exempt certified educators from the earnings limitation. The legislation revises provisions relating to the amount of compensation that may be earned upon returning to covered employment under the Police Officers Retirement System, so as to eliminate the earnings limitation.
H.4931 APPLIED BACCALAUREATE IN MANUFACTURING DEGREE Rep. Elliott
This bill revises provisions that establish the missions of institutions of higher learning, so as to authorize an applied baccalaureate in manufacturing degree if state funds are not appropriated for the operations of the degree program.
H.4932 INCOME TAX CREDIT FOR CONTRIBUTIONS TO AN INDEPENDENT
AND HOME SCHOOL SCHOLARSHIP FUNDING ORGANIZATION Rep. Elliott
This bill allows an income tax credit for contributions to a scholarship funding organization that provides grants for students to attend certain independent and home schools. The legislation provides for the manner in which the credit is claimed. The legislation establishes the process by which certain organizations and schools become eligible and specifies certain information which must be made public. The Department of Revenue is authorized to enforce the provisions of the credit.
H.4936 INCOME TAX DEDUCTION FOR ALL MILITARY AND FIRST RESPONDER RETIREMENT INCOME Rep. Pitts
This bill allows a South Carolina income tax deduction of all military retirement income and first responder retirement income.
H.4955 TAX INCENTIVES FOR BUILDING OR EXPANDING AN INDUSTRIAL
FREIGHT RAILROAD INTO AN INDUSTRIAL PARK Rep. S. Rivers
This bill authorizes the Department of Revenue to enter into an agreement establishing the allocation and apportionment of the income of a taxpayer that builds or expands an industrial freight railroad into an industrial park and invests at least two million dollars. The legislation establishes a state sales tax exemption for building materials necessary to build or expand industrial freight railroads into an industrial park in this state.