Legislative Update
May 19, 2021
Vol. 38, No. 17

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


CONTENTS

HOUSE WEEK IN REVIEW

House Committees

BILLS INTRODUCED IN THE HOUSE THIS WEEK


NOTE: 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) or the House of Representatives. They are strictly for the internal use and benefit of members of the House of Representatives and are not to be construed by a court of law as an expression of legislative intent.


HOUSE WEEK IN REVIEW

The House passed, with additional amendments, and sent to the Senate, H.3205 Constitutional Convention of the States. It would authorize making an application to the US Congress to call a convention for proposing amendments pursuant to the US Constitution, Article V. The scope of this convention would be limited to proposing amendments that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress. No proposed amendment could amend, modify, or repeal any provision of the US Constitution Bill of Rights, nor its 13th, 14th, 15th and 19th Amendments under this pending legislation. Additional amendments put a 10-year expiration date on any authority granted under this legislation to make an application, and requires delegates to be selected to represent the population of our state regarding race, gender, and age.

The House concurred in Senate amendments to H.4017, a bill to provide for annual state and federal income tax conformity, and enrolled the legislation for ratification. With certain exceptions, the legislation aligns state income tax provisions with federal Internal Revenue Code provisions. The legislation includes provisions that federal unemployment compensation benefit enhancements received by South Carolinians are not to be taxed at the state level for tax year 2020. For tax year 2020, the amendment in the federal American Rescue Plan of 2021 relating to the exclusion from taxable income for tax year 2020 of $10,200 of unemployment compensation for a taxpayer with less than $150,000 in federal adjusted gross income is specifically adopted by South Carolina. The Department of Administration's Director of the Executive Budget Office is authorized to allocate $61.3 million in the appropriate fiscal years from the American Rescue Plan Act of 2021 to the state's general fund to account for these provisions. The bill was ratified (R. 106) and signed by the Governor May 18, 2021.

The House concurred in Senate amendments, and H.3094, the "Open Carry with Training Act, was enrolled and ratified. This legislation would allow concealed weapon permit (CWP) holders to carry concealable weapons openly on them, or in their motor vehicles. As amended, property owners could post conforming signage to allow or to prohibit either concealed, or open, weapons, or both, to be carried on their property. As amended, the training for CWP licensure retains minimum standards, but reduces the number of rounds required to be used in the live fire portion of the class to 25 rounds [down from 50 rounds]. It also adds instruction on properly securing a firearm in a holster, 'cocked and locked' firearms carrying, methods for responding to anyone who attempts to take CWP holders' firearms from their holsters, and hostile situation de-escalation techniques. South Carolina's Attorney General, and Assistant Attorney Generals, are exempt from any restrictions when discharging their official duties. As a final amendment, any governing body exercising authority granted to them under this bill to allow a public protest, rally, fair, parade, festival, or other organized event to restrict carrying weapons at it, must specify the area, duration, and manner of any restrictions that have been imposed, and give prior notice of these restrictions when feasible. Another significant feature of this enrolled legislation is its declaration that South Carolina is a Second Amendment Sanctuary State. The legislation will become effective ninety days from May 17th, the date the Governor signed it.

The House read a third time and enrolled S.40 addresses beach access and public parking by creating a new section of law governing parking facilities on state highways in beach communities that are eligible for beach renourishment funds. The bill requires the following of parking facilities:

  • must include free beach parking;
  • may include paid beach parking; and,
  • may only be restricted by SCDOT if it determines that the restrictions are necessary under the circumstances.
  • The bill also expands the uses for which the parking fees may be used. Previously, SCDOT interpreted common law to restrict the use of parking funds to parking expenses. Under the new language, beach-parking fees may be used for the operation, maintenance, preservation, and funding of the following:

  • public beach parking facilities;
  • beach access, maintenance, and renourishment;
  • traffic and parking enforcement;
  • first responders;
  • sanitation; and,
  • litter control for beaches.
  • The bill also broadens the scope of SCDOT control by defining "highway" to incorporate the entire area within a highway right of way, including the shoulders and parking areas.

    The House insisted upon its amendments and a conference committee was appointed for

    H.3056 Originally a DNR cleanup bill that now provides for the regulation of non-native venomous reptiles. Non-native venomous reptiles means all members of the class Reptilia including their taxonomic successors, subspecies, or any hybrid thereof determined to have the potential to cause serious human injury due to the toxic effects of its venom or poison. The bill, per the latest House amendment, outlines that it is unlawful for a person to import into, possess, keep, purchase, have custody or control of, reproduce, or sell within this State, by any means, a non-native venomous reptile, including transactions conducted via the Internet, except as otherwise provided (e.g., time regulated permits). A possessor of a non-native venomous reptile must be at least eighteen years old. The bill also states that before September 1, 2021, the possessor of a non-native venomous reptile shall register for a permit with the Department of Natural Resources. A permit is valid for three years and must be renewed with the department. No new permits will be issued after September 1, 2021, except for research purposes to licensed medical facilities or institutions of higher learning. No person convicted of a state or federal fish or wildlife crime is eligible for a permit. The bill outlines how these reptiles should be housed. The bill further outlines that a city or county may adopt an ordinance governing non-native venomous reptile that is more restrictive than this provision.

    The House concurred with Senate amendments and enrolled for ratification S.427, a bill allowing a renal drug manufacturer (registered with the State Board of Pharmacy) to deliver dialysate drugs or devices directly to a patient with end-stage renal disease for the patient's approved self-administration of dialysis therapy; or deliver to a health care provider or institution for administration of dialysis therapy to a patient with end-stage renal disease. Currently under the Pharmacy Practice Act, pharmacist must take continuing education courses in person, this bill allows a pharmacist and pharmacist technicians to take some continuing education classes online. The bill was ratified.

    After a conference committee resolved issues between the House and Senate, the free conference report on H. 3011, XE "H.3011" Slower Traffic Move Right, was adopted and the bill enrolled for ratification. The bill was subsequently ratified. The bill creates a new section of law providing that a vehicle may not be driven in the farthest left-hand lane on a controlled access highway except when overtaking or passing another vehicle. This rule is subject to a number of exceptions, including that a vehicle may proceed in the farthest left lane if no other vehicle is directly behind it. The penalty for violation is a civil fine of $25. The violation does not constitute a criminal offense, and the violator is not subject to custodial arrest, except for failure to appear when summoned for failure to pay an imposed fine. The violation cannot be included in the offender's motor vehicle or criminal records. Additionally, it may not be reported to the offender's motor vehicle insurer and cannot constitute negligence per se, contributory negligence, and is inadmissible as evidence in a civil action. Law enforcement may not search, or request consent to search, a vehicle, driver or passenger solely because of a violation of this section. SCDOT must place signs along interstate highways directing slower traffic to move to the right. The signs must be placed at intervals of no more than thirty-five miles. The bill takes effect ninety days after approval by the Governor. For a period of ninety days after the effective date, only warning tickets may be issued for a violation.

    The House gave third reading and enrolled S.631, the "South Carolina Electronic Notary Public Act." It sets out new definitions, procedures, and training requirements for the electronic notarization of legal documents.

    The House gave third reading and sent to the Senate H.3050, covering Noncertified Law Enforcement Officer Chaperones. This bill limits noncertified law enforcement officers from performing any law enforcement duties unless they are accompanied by a certified law enforcement officer. It has language limiting the use of chokeholds, and spelling out additions to the use-of-force continuum, vehicle pursuit standards, officers' duties to intervene in actions by other officers, use of no-knock warrants, and use of body cameras. Also, law enforcement agencies must fully cooperate in any investigations performed by the Law Enforcement Academy or its Law Enforcement Training Council, or face penalties for not doing so.

    The House amended, read a second time, and returned to the Senate S.525 (the Senate had returned the bill with amendments), a bill that updates the solid waste laws to include the regulation of advanced recycling, was given a favorable recommendation by the committee. "Advanced recycling" means manufacturing processes that convert post use polymers and recovered feedstocks into basic hydrocarbon raw materials through processes that include, pyrolysis, gasification, depolymerization, solvolysis, catalytic cracking, reforming, hydrogenation, and other similar technologies. In addition, the bill outlines that prior to receiving approval, advanced recyclers must get a bond or establish a trust fund to cover costs associated with potential environmental impacts, which terminates three years after effective date. The bill requires the Department of Health and Environmental Control to review applicant's compliance history prior to approval. DHEC must also provide an analysis report of the advanced recycling facility industry within two years of the effective date of the provision.

    The House receded on its amendments and returned to the Senate H.3539 (subsequently the Senate enrolled the bill for ratification). This bill deals with the transportation of feral hogs (swine). In an effort to address a growing concern for farmers, this bill requires transported hogs on public roads or waterways to have an official form of identification approved by the state veterinarian and must be transported in such a way that the swine is visible. Live hogs transported without identification are presumed to have been taken from the wild. Pigs that do not leave the premises of the swine owner are not subject to the identification requirement. The bill clarifies that it is unlawful to import, possess, buy, sell, offer for sale, transfer, or transport a live member of the family Suidae (pig) taken from the wild; or, release a live member of the family Suidae (pig) into the wild. A person who violates this provision is guilty of a misdemeanor. The bill also gives the Department of Natural Resources the authority to seize or destroy any swine obtained as it relates to this provision. The bill has a sunset provision of July 1, 2024. Amendments concerning reptiles were placed in H.3056.

    The House concurred with Senate amendments and enrolled for ratification H.3694, a bill that allows the use or aid of bait during bear hunting season in an effort to address the growing population. The bill allows for baiting bear in Georgetown, Horry, Marion and Williamsburg counties in Game Zone 4.

    The House concurred with Senate amendments and enrolled for ratification H.3865, a bill that addresses abandoned vessels. The bill outlines that local governments may adopt an ordinance that requires a permit for a watercraft or floating structure to dock on public waters for more than fourteen consecutive days. The bill defines "floating structure" as a man-made object other than a watercraft that is capable of flotation. The cost of a permit may not exceed fifteen dollars.

    The House concurred with Senate amendments and enrolled for ratification H.3024, legislation authorizing the issuance of mobile barbershop permits. This bill authorizes the Board of Barber Examiners to issue mobile barbershop permits, establish permit requirements, and provide for regulations of mobile barbershops. The board shall issue a permit card to be carried by the barber when practicing barbering through a portable barber operation. A licensed barber must be in charge and present, at all times, during the operation of a mobile barbershop and is responsible for all barbering services provided at the mobile barbershop. Inspections must be conducted on mobile barbershops and upon satisfactory inspection, the board shall issue a bi-annual permit to be affixed within the mobile barbershop as prescribed by the board. The bill has been ratified.

    The Senate amendments on S.201, Assistance for Struggling Schools and Districts, ) were agreed to, and the bill having received three readings in both Houses, was ordered enrolled for ratification. The bill was ratified. This detailed and complex bill sets the definitions of the following:

    Underperforming school receives an overall rating of unsatisfactory or below average on its school report card;

    Chronically underperforming school receives an overall rating of unsatisfactory on its school report card for three consecutive years;

    Underperforming district: sixty-five percent or more of schools in the district have an overall rating of unsatisfactory or below average on the school report card.

    If report cards are unavailable, the metrics used to determine report card ratings are to be employed in making the designation.

    A tiered system for assistance, professional development, and monitoring is created, and the State Superintendent must annually report to the General Assembly about each schools' progress. Once a school or district is found to be underperforming, SDE must immediately place the school or district into a tiered status and provide assistance. The legislative delegation, parents, and students must be informed of the rating, and a public meeting must be held. The district must create a turnaround plan containing specific and measurable goals, and broad-based community input is required. After the local school board adopts the plan, SDE must also give approval. The State Superintendent may seek a state-of-education emergency declaration for a school or district, and the State Board must approve. After a school has been in a state of emergency for three consecutive years, the State Superintendent may extend the state of emergency for an additional three-year period with State Board approval.

    Listed below are the steps for the respective measures:

    Interim boards consist of one member appointed by the Governor, one appointed by the local legislative delegation and three by the Superintendent with consultation of the local delegation. S.201 is the companion bill to H.3610.

    The House insisted upon its amendments and a conference committee was appointed for H.3957, legislation revising the catch and size limits for flounder. Due to the decline in the flounder population, this bill decreases the catch limit from ten to five per person and decreases the boat limit from twenty to ten. The catch size increases from fifteen to sixteen inches. The bill provides for an increase in recreational statewide saltwater fishing to provide for the development and implementation of a flounder-stocking program. The Department of Natural Resources must provide a report outlining the results of these new catch and size limit provisions, as well as future projections, to the General Assembly by December 2023.

    The House insisted upon amendments and a conference committee was appointed for H.3308, a bill that increases the watercraft idle speed wake distance to within fifty feet of a moored or anchored vessel or a person in the water or one hundred feet of a wharf, dock, bulkhead, or pier. This provision applies to all waters except for Lake Wylie (idle speed wake distance increases to one hundred fifty feet). A variety of lakes are specified.

    The House did not concur in Senate amendments to S.425, a bill establishing provisions for the protection of vulnerable adults from financial exploitation. The Senate subsequently receded from its amendments and enrolled the bill for ratification. The legislation authorizes banking institutions to decline certain financial transaction requests in cases of the suspected financial exploitation of a vulnerable adult. A financial institution may provide access to or copies of records relevant to the suspected financial exploitation of a vulnerable adult to law enforcement agencies or other authorized investigators. Employees of financial institutions are afforded legal immunity for making use of these provisions when acting in good faith.

    The House concurred in Senate amendments to S.304, a bill addressing electric vehicles, and enrolled the bill for ratification. The bill was ratified. The legislation establishes conditions under which a person or corporation who uses electric vehicle charging stations to resell electricity to the public for compensation is not considered an electric utility. The legislation provides that any increase in customer demand or energy consumption associated with transportation electrification shall not constitute found revenues for an electrical utility. A Joint Committee on the Electrification of Transportation, composed of appointees from the Senate and House of Representatives, is established to study the challenges and opportunities associated with the electrification of the transportation sector and make recommendations to the General Assembly to enable a fair, efficient, and cost effective transition to electric transportation.

    The House concurred in Senate amendments to H.3354, a bill making provisions for a property tax exemption for residential rooftop solar energy panels, and enrolled the legislation for ratification. The legislation provides a property tax exemption for a renewable energy resource property having a nameplate capacity of, and operating at, no greater than twenty kilowatts. The legislation also removes references to improvements to property under property tax exemption provisions for low-income housing developments. The bill has been ratified.

    The House approved S.461, the "South Carolina Pay-for-Success Performance Accountability Act," and enrolled the bill for ratification. The legislation establishes a performance accountability trust fund that is to be used for pay-for-success contracts under which the state contracts with a private sector organization to achieve specifically defined measureable outcomes in which the state pays only to the extent that the desired outcomes are achieved. The bill has been ratified.

    The House amended H.3786 and returned the bill to the Senate. The Senate subsequently concurred in the amendments and enrolled the bill for ratification. The legislation provides for the salaries of certain state constitutional officers, with the exception of the Governor and the Lieutenant Governor, to be based on recommendations of the Agency Head Salary Commission. In order to make its recommendations, the commission is charged with conducting a study every four years to determine a salary range for each state constitutional officer based on their job duties and responsibilities as well as the pay of state constitutional officers in other states. The bill has been ratified.

    The House amended S.627, addressing income taxes for pass-through trade and business entities, and returned the bill to the Senate. The Senate subsequently concurred in the amendments and enrolled the bill for ratification. The bill has been ratified. The legislation revises income tax provisions for certain partnerships, 'S' corporations, and limited liability companies to allow these pass-through entities the option of paying income tax as an entity rather than being taxed individually as partners or shareholders.

    The House amended S.677, addressing the allocation of tax credits earned by partnerships, and returned the bill to the Senate. The Senate subsequently concurred in the amendments and enrolled the bill for ratification. The legislation makes provisions for the allocation of tax credits for affordable housing, the rehabilitation of historic structures, and textiles communities' revitalization or unused credit amounts carried forward that are earned by a partnership or limited liability company taxed as a partnership. The bill has been ratified.

    The House approved S.527, addressing the application of property taxes when homeowners are legally separated, and enrolled the bill for ratification. The legislation revises property tax provisions to establish a protocol for the application for the special four percent assessment ratio for owner-occupied residential property in situations where individuals are legally separated. The bill has been ratified.

    The House approved S.609 and enrolled the bill for ratification. The legislation authorizes state agencies and political subdivisions to conduct criminal background checks on employees and contractors with access to federal tax information. This is necessary to comply with federal Internal Revenue Service requirements. The bill has been ratified.

    The House approved S.675, relating to the State Aviation Fund, and enrolled the bill for ratification. The legislation revises the distribution of revenue from aircraft property taxes so that the revenue is then credited to the State Aviation Fund. This revised distribution is phased-in with all revenue credited to the State Aviation Fund after Fiscal Year 2021-2022. The legislation provides that these revenues credited to the State Aviation Fund shall be used, in part, to aid counties within the state that do not have an airport facility in obtaining or developing an airport facility through the South Carolina Aeronautics Commission.

    The House concurred in Senate amendments to S.436, relating to Community Development Tax Credits, and enrolled the bill for ratification. The legislation revises provisions governing Community Development Tax Credits to provide that an aggregate limit for all taxpayers in all tax years be increased by three million dollars. Of this additional three million dollars, only one millions dollars may be used for credits earned and certificates issued in tax year 2021, and the remaining two million dollars only may be used for credits earned and certificates issued for tax years beginning after 2021.

    The House approved S.587, addressing economic development bonds for meeting and exhibit spaces, and enrolled the bill for ratification. The legislation revises certain provisions governing economic development bonds for conventions and trade shows. The bill also provides that the provisions requiring the reimbursement of bond proceeds, plus interest, upon the sale of a meeting and exhibit space are not applicable if the sale proceeds are used in their entirety for a new meeting and exhibit space of not less than fifty thousand square feet. The bill was ratified.

    The House concurred in Senate amendments to H.3899, a bill revising the Exceptional Needs Child Education Tax Credit, and enrolled the bill for ratification. The legislation increases from two percent to five percent the amount of the Educational Credit for Exceptional Needs Children's Fund that the public charity may expend for administration costs. The legislation allows the fund to carry forward up to five million dollars of donations into the next year and allows unused tax credits to be carried forward for three tax years. If less than the maximum cumulative total of tax credits allowed are authorized, the legislation provides that the maximum cumulative total of tax credits allowed may be increased by up to three million dollars, but the cumulative total of all the authorized tax credits may not be increased as a result. The bill was ratified.

    The House approved S.658, a bill that relates to designating contingent beneficiaries in state retirement systems, and enrolled the legislation for ratification. The legislation provides that a member who is not retired may nominate a contingent beneficiary for receipt of payment on death of the member within all state retirement systems. The bill was ratified.

    The House and Senate appointed a conference committee to address the differences of the bodies on H.3244, the "Employment First Initiative Act," which relates to policies at state agencies and political subdivisions encouraging competitive integrated employment for individuals with disabilities.


    House Committees

    No committees met this week.


    BILLS INTRODUCED IN THE HOUSE THIS WEEK

    Agriculture, Natural Resources, And Environmental Affairs

    Education And Public Works

    H. 4397 XE "H.4397" School Attendance and Transfers Rep. Erickson

    This bill would provide an open enrollment option in public schools and also makes changes to the procedures regarding interdistrict attendance in charter schools, public school attendance qualifications, public school enrollment requirements, public school attendance requirements in adjacent counties, interdistrict student transfer reimbursements, and interdistrict student transfer consent.

    H.4388 Face Coverings in School Rep. Jones

    This joint resolution provides that the decision of whether an individual public school student will wear a mask or other face covering for medical reasons or otherwise while in a public school facility or on a public school bus be in the sole discretion of the parents of the student. In addition, the bill provides that the decision of whether an individual public school employee will wear a mask or other face covering for medical reasons or otherwise while in a public school facility or on a public school bus be in the sole discretion of the employee. The bill also prohibits the imposition or enforcement of mask mandates in public school facilities or on public school buses, clarifies that these provisions apply notwithstanding conflicting certain emergency or nonemergency guidelines or directives, and to provide the provisions of this joint resolution expire July 1, 2022.

    H.4392 Keep Partisanship Out Of Civics Act Rep. Bennett

    This bill would enact the "Keep Partisanship Out of Civics Act." This bill provides protections for teachers and students. This bill would provide that teachers of civics and related coursework in public schools may not be compelled to discuss certain topics or affirm certain beliefs. It would prohibit credit from being awarded for certain student lobbying and advocacy activities. The bill would prohibit the use of private funding for curriculum or teacher training concerning civics and related coursework and prohibit certain concepts from inclusion in curriculum or instruction.

    H.4396 Learning Pods Rep. Davis

    This bill, in addition to defining "learning pod," prohibits a school district from discriminating against a student, parent, or legal guardian for participating in a learning pod.

    Judiciary

    H.4352 Restructuring the Department of Disabilities and Special Needs Rep. May

    A bill to restructure the composition and governance of the Department of Disabilities and Special Needs. Its director would be appointed by the governor upon the advice and consent of the Senate. This appointed director would head up this restructuring effort if it is enacted. The bill asserts that the Department must be comprised of an Intellectual Disability Division, an Autism Division, and a Head and Spinal Cord Injuries Division. The Department may be divided into additional divisions as may be determined by the director. Autistic patients would be transferred to the Department of Mental Health if this bill becomes law.

    H.4390 "Uniform Voidable Transactions Act" Rep. W. Newton

    The "Uniform Voidable Transactions Act" seeks to broaden creditor protections by providing remedies to shield them from fraudulent, or otherwise unfair, debtor schemes.

    H.4391 No Proof of COVID-19 Vaccinations Rep. Fry

    This bill prohibits state businesses, governmental entities, and educational institutions from requiring patrons, residents, or students to provide proof of COVID-19 vaccinations. Violators face fines of up to $5,000 for each violation.

    H.4404 Taser Use Regulation Rep. J. Moore

    Law enforcement agencies would be required to adopt and maintain a written policy regarding the use of taser devices or stun guns which meet or exceed the model policy to be developed by the South Carolina Law Enforcement Training Council, if this legislation becomes law. In addition, use of these devices would have to be reported. The South Carolina Law Enforcement Training Council would promulgate a model policy providing guidelines on the use of these devices statewide.

    H.4405 "Jamal Sutherland Justice Act" Rep. J. Moore

    Under the proposed "Jamal Sutherland Justice Act," mental health evaluations would have to be conducted before a bond hearing could be held involving any mental health patient. The patient's guardian, or attorney-in-fact, would also have to be notified. An additional feature of this bill is that no physical force could be used against any patient to attend any bond hearing.

    H.4406 No Excessive Force to Arrest Rep. J. Moore

    This legislation would prohibit law enforcement officers from using excessive force when detaining or arresting any person.

    S.224 Reforming Prostitution Sen. Shealy

    This bill seeks reforms of various, existing prostitution criminal statutes by, among other things, increasing penalties for soliciting prostitutes, operating a brothel, or causing another to participate in prostitution. The bill also allows, as an affirmative defense to prostitution prosecutions (a claim by defendants that they are victims of human trafficking). It also proposes increased penalties for inducing someone into prostitution who has a mental disability.

    Labor, Commerce And Industry

    H.4409 Study Committee on Current Limits of Liability and Uninsured Motorist Coverage Rep. Collins

    This joint resolution creates a temporary South Carolina Study Committee on Current Limits of Liability and Uninsured to examine the sufficiency of required limits in automobile insurance policies.

    Medical, Military, Public And Municipal Affairs

    S.508 Do Not Resuscitate Orders Sen. Shealy

    The bill allows a parent or legal guardian of a medically eligible child to request and revoke a "Do Not Resuscitate" order for emergency services for the child.

    H.4394 "South Carolina Midwife Practice Act" Rep. Erickson

    This bill enacts the "South Carolina Midwife Practice Act." This bill would transfer regulatory authority of the practice of midwifery to the State Board of Medical Examiners. Above bill sets forth certain midwife practice requirements and prohibitions; provides criteria for licensure, including examination requirements; continuing education requirements; and provides for the promulgation of regulations by the Board.

    Ways And Means

    S.152 "County Green Space Sales Tax Act" Sen. Davis

    This bill expands provisions for county local sales and use taxes to allow a county to impose a sales and use tax with revenue that is collected used to defray debt service on bonds issued to pay for preservation procurements.

    S.264 South Carolinians with Disabilities Self-Employment Development Trust Fund Sen. Matthews

    This bill establishes a South Carolinians with Disabilities Self-Employment Development Trust Fund to receive general fund appropriations and donations, contributions, bequests, or other gifts. The fund is to be used by the South Carolina Vocational Rehabilitation Department to establish and administer a program that awards grants to qualifying residents of South Carolina with physical or mental impairments who start, expand, or acquire a business within South Carolina.

    H.4387 Prohibiting Double Taxation through the Business License Tax Rep. Jordan

    This bill establishes provisions that prohibit a taxing jurisdiction from levying the business license tax in a manner that would cause an individual to be subject to double taxation.

    H.4389 Healthcare Professional Loan Forgiveness Program Rep. Herbkersman

    This bill establishes the Healthcare Professional Loan Forgiveness Program administered by the South Carolina Area Health Education Consortium for the purpose of reimbursing student loan payments for debt incurred during the final year of clinical education for healthcare professionals who commit to work in an underserved rural area or an urban area with underserved populations.

    H.4393 Counties Authorized to Adopt Alternative Delinquent Tax Deadlines Rep. Herbkersman

    This bill provides that a county may adopt alternative dates for: the application of penalties on delinquent taxes; the issuance of the county treasurer's execution to the officer authorized to collect delinquent taxes, assessments, penalties, and costs; and, the mailing of the notice of delinquent taxes.

    H.4395 Law Enforcement Officer Student Loan Forgiveness Program Rep. Wooten

    This bill provides that after five consecutive years of employment with the same law enforcement agency, a law enforcement officer initially hired or appointed by the agency after January 1, 2022, who has completed at least sixty credit hours or its equivalent at an accredited South Carolina institution of higher learning prior to becoming employed, may apply for student loan forgiveness in accordance with the guidelines set by the South Carolina Law Enforcement Training Council.

    H.4407 Appropriating Federal Plutonium Storage Settlement Funds Rep. G. M. Smith

    This joint resolution makes provisions for appropriating settlement funds paid to this State by the federal government for storing plutonium at the Savannah River Site.

    H.4408 Appropriating American Rescue Plan Act Federal Funds Rep. G. M. Smith

    This joint resolution makes provisions for appropriating federal funds received by the State of South Carolina from the American Rescue Plan Act of 2021.

    H.4410 University of South Carolina Board of Trustees Reorganization Rep. Simrill

    This bill revises provisions governing the University of South Carolina Board of Trustees in order to: revise the composition of the board; provide for the election of new members of the board for staggered terms; provide the board shall elect a chairman; provide the chairman serves a two year term; and, provide for how special meetings of the board may be called.

    Sources for this document are the House Journal for the 124th Session, 2021-2022, South Carolina General Assembly and committee staff materials. In the interests of accuracy, the editors express appreciation to the staff of Education and Public Works for the liberal use of their material, especially for this edition.

    6/10/2021 11:25 AM


    The Legislative Update is on the internet. Visit the South Carolina General Assembly home page (http://www.scstatehouse.gov) and click on Publications, then click on Legislative Updates. This will list all of the Legislative Updates by date in two forms:  Word documents and hypertext links. Click on the date you need. Also available under Publications is a bill summary index, where bills referenced in the Legislative Updates are listed in numeric order. Links to the Legislative Update issue are provided in the bill summary index.

    NOTE: the Legislative Update is available to legislative tracking subscribers. You may register for this free service on the South Carolina General Assembly home page by clicking on Track Legislation (on the left-side vertical menu bar).