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 amended, approved, and sent the Senate H.4496, a bill ENHANCING SOUTH CAROLINA'S LAWS PROHIBITING SANCTUARY CITIES that disallow the adoption of ordinances and policies by municipalities and other local governments to prohibit, restrict, or interfere with the enforcement of immigration laws. The legislation authorizes the Attorney General, in addition to a resident of a political subdivision, to bring a civil action in the circuit court against a political subdivision that adopts ordinances or policies to restrict law enforcement officers, local officials, or local government employees from enforcing immigration provisions, limit communications with federal or state officials regarding someone's immigration status, or establish work authorization provisions that conflict with federal or state law. If a court finds that a political subdivision has violated provisions that prohibit interference with the enforcement of immigration laws, the political subdivision is not allowed to receive Local Government Fund appropriations for at least the next three consecutive fiscal budget years.
The House approved S.499, legislation ELIMINATING THE FEE FOR PLACING THE VIOLENT CRIME OFFENDER DESIGNATION ON A DRIVER'S LICENSE, and enrolled the bill for ratification. While the fifty dollar fee is eliminated, the Department of Motor Vehicles is still required to place the identifying code on the driver's license of someone who has been convicted of, or pled no contest to, a crime of violence, defined as murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year.
The House adopted the conference committee report on H.3698, a bill revising fishing seasons and catch limits for STRIPED BASS. The legislation also includes a definition of the geographic boundaries for the Intracoastal Waterway in Horry County within a statutory provision that establishes geographic boundaries for bodies of water in the state. The Senate having also adopted the report, the bill was enrolled for ratification.
The House appointed a conference committee to address its differences with the Senate on H.4612, legislation authorizing SURETY BONDS FOR GENERAL AND MECHANICAL LICENSURE APPLICANTS.
The House amended Senate amendments to H.3819, a bill establishing new REQUIREMENTS THAT MUST BE MET BEFORE PRESCRIBING OPIOID ANALGESICS TO MINORS, and returned the legislation to the Senate.
The House Judiciary Committee met Tuesday, April 17th, and reported out the following bills:
A favorable report, with amendment, was given to S.190 REVISED UNIFORM UNINCORPORATED NONPROFIT ASSOCIATION ACT. This bill would enact the "Revised Uniform Unincorporated Nonprofit Association Act."[UNA] It would set forth the powers given to UNAs. These powers include rights to property ownership, capacity to sue or be sued, and default basic rules that are applied to UNAs that do not more formally organize within a specified period of elapsed time. In addition, no dividends may be paid to members or managers of UNAs under this proposed bill.
Also receiving a favorable report was S.805 CHILDREN'S LAW REFORMS. This bill would create the SC Department of Children's Advocacy [SCDCA]. This new department would be responsible for ensuring that children receive adequate protection and care from services or programs offered by the SC Departments of Social Services, Mental Health, Health and Human Services, Juvenile Justice, Health and Environmental Control, Disabilities and Special Needs, as well as the John de la Howe School, the Wil Lou Gray Opportunity School, and the School for the Deaf and Blind. Its director would be subject to removal for failing to discharge the listed duties for this office, as well as for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity. In addition, this legislation would require medical examiners or coroners to accept reports from persons required to report suspected child abuse or neglect. They then must forward these reports to the SCDCA. Law enforcement officers receiving domestic violence reports must forward them to both the Department of Social Services and to the SCDCA when the parties involved in the reported domestic violence are responsible for the welfare of a child. The Cass Elias McCarter Guardian ad litem, Continuum of Care for Emotionally Disturbed Children, and Foster Care Review programs would be similarly administered by SCDCA.
They gave a favorable report to S.812 NONPROFIT CHARITABLE RAFFLE REFORMS. This bill would modify nonprofit, charitable organization raffle rules to increase the maximum value of noncash prizes from $500 to up to $950, and maximum ticket prices from $100 to up to $300.
A favorable report, with amendment, was given to S.918 TARGETED CONTROLLED SUBSTANCES. Definitions of "targeted controlled substances" would be added to existing controlled substances law. SCDHEC would prepare prescription report forms for practitioners and conduct audits of the prescription monitoring program. If enacted, SCDHEC would be required prepare these report forms within 6 months of the Act's effective date. Their patients' prescription history, specifically including opioid prescriptions written to them, would have to be reviewed by the physician assistants and nurses involved with treating these patients. Reports would then have to be prepared and filed with SCDHEC. This section would become effective 1 year after the enactment of this legislation.
They gave a favorable report to S.1041 UNFAIR TRADE PRACTICES INCLUDE TARGETING VULNERABLE ADULTS. Targeting vulnerable adults by obtaining their money, property, or personally identifying information through deception; intimidation; undue influence; or false, misleading, or deceptive acts and practices would become unfair trade practices under this proposal.
A favorable report, with amendments, was given to S.1116 GREENVILLE HEALTH SYSTEM RENAMING AND RATIFICATION OF ITS ACTIONS TO DATE. Greenville Health System would be known as Greenville Health Authority under this proposal. In addition, Greenville Health Authority would be able to operate its facilities and deliver services by agreement with nonprofit entities. It would also ratify all actions taken by Greenville Health System under an amended master affiliation agreement as well as the lease and contribution agreement previously executed. This bill was amended to require all participants in the Master Affiliation Agreement to make an immediate disclosure of the salary, bonus, and other compensation agreements with their current executives.
The Medical, Military, Public and Municipal Affairs Committee met on Thursday April 19, 2018, and gave a favorable report, along with a minority report, to H.3521, legislation creating the "SOUTH CAROLINA COMPASSIONATE CARE ACT".
The legislation authorizes the medical use of cannabis by certain individuals with certain diseases and medical conditions. A qualifying patient may purchase cannabis, cannabis products, and paraphernalia for medical use from a licensed dispensary, provided that a qualifying patient may not obtain more than two ounces of medical cannabis each fourteen days. Under certain conditions, a designated caregiver may also purchase cannabis for medical use to assist a qualifying patient.
The Department of Health and Environmental Control (DHEC) is required to create a medical cannabis program and establish a medical cannabis advisory board and to provide for membership. The program must include a review process for medical cannabis applications and shall govern medical cannabis establishments and approve medical cannabis licenses. The legislation outlines that DHEC is to provide for the development of seed to sale electronic monitoring system to track cannabis components from cultivation to point of sale.
Among other things, the legislation provides for certain defenses and other protections not limited to qualifying patients, designated caregivers, physicians and licensed medical cannabis establishment principals and agents.
H.5255 SURPLUS STATE REAL ESTATE APPRAISALS PRIOR TO SALE Rep. Bowers
This legislation would require an SC Department of Parks, Recreation, and Tourism valuation of state surplus real estate before it could be sold. This bill would apply to state surplus tracts larger than one acre and owned by any state governmental body.
H.5262 MANDATORY GENERAL ASSEMBLY ADJOURNMENT DATE Rep. Rutherford
This legislation would change the date for mandatory General Assembly adjournment from the second Thursday in May, to the first Thursday in June. This deadline would become effective with the 2020 regular session. It also would delete any two-week session extensions. Economic forecasts by the Board of Economic Advisors deadline dates would also be revised.
H.5251 "FAIR ACCESS TO RESIDENTIAL WATER ACT" Rep. Hill
This bill provides that a municipality may not charge people who reside outside the corporate boundaries higher rates for water services than it charges municipal residents. The legislation provides that a municipality may not require or demand a nonmunicipal resident's permission or consent to annexation by the municipality as a condition for establishing or maintaining water service. The legislation provides that out of state water utilities may not charge South Carolina residents an unfair rate for water services.
H.5252 "PALMETTO POWER PROMISE ACT" Rep. Bowers
This bill provides that if the State Fiscal Accountability Authority issues a request for proposals (RFP) soliciting bids for the purchase of the South Carolina Public Service Authority by a third party, the State Fiscal Accountability Authority shall give priority consideration to a responsive bid submitted either individually by a single South Carolina electric cooperative or jointly by two or more South Carolina electric cooperatives. The legislation provides that if more than one responsive bid is submitted, the State Fiscal Accountability Authority shall select the bid it considers most beneficial to the state.
H.5253 "SOUTH CAROLINA SMALL TOWN COMPETITIVE POWER ACT" Rep. Bowers
This bill provides that a municipality with a population of less than five thousand residents according to the most recent decennial United States Census may terminate, by municipal ordinance or resolution, an existing exclusive municipal franchise with a retail electric provider to furnish electrical service within the corporate boundaries of the municipality and award or grant the municipality's exclusive franchise to another retail electric provider whose service area is adjacent to the municipality's corporate boundary. The legislation revises the procedure established for granting exclusive municipal franchises to furnish electrical service, so as to provide an exemption for municipalities that elect to terminate a retail electric provider's exclusive franchise according to the provisions of this act.
H.5254 "THE PALMETTO RECREATION ACT" Rep. Bowers
This bill revises provisions for the establishment of the Santee-Cooper Counties Promotion Commission, so as to require the commission to improve, enlarge, increase, or enhance recreation in the area around any property owned by SanteeCooper in this state. The legislation revises provisions relating to the appointment of commission members, so as to increase the membership. The legislation revises provisions relating to the funds used by the commission, so as to require the county government where an acquisition of land or rights in land occurs to provide the funds to the commission.