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Senate Republicans Lead Fight To Protect Life And Pass South Carolina Fetal Heartbeat and Protection From Abortion Act

FOR IMMEDIATE RELEASE: JANUARY 28, 2021

Legislation Clears Senate, Now Moves To The House of Representatives

 COLUMBIA, S.C. — Today the South Carolina Senate passed Senate Bill 1, known as the South Carolina Fetal Heartbeat and Protection From Abortion Act. The legislation passed the Senate by a 30-13 vote and will be referred to the House of Representatives for consideration.

The Heartbeat Bill is one of the most significant pieces of pro-life legislation to pass the Senate. If signed into law, it would ban abortions in South Carolina at the time in which a heartbeat is detectable, effectively bringing legal abortions down from twenty (20) weeks to just six to eight (6-8) weeks. The bill as passed includes exceptions for pregnancies as the result of rape, incest, or a medical emergency to protect the life of the mother. An allegation of rape or incest must be reported to the sheriff in the county in which the abortion was performed, no later than twenty-four hours after performing or inducing an abortion.

Quotables:

Senate Majority Leader Shane Massey says, “Passing this bill has been a priority since day one. South Carolina sent thirty Republicans to the State Senate for a reason and this is one of the bills we hear of most often. Passage of the Heartbeat Bill will save thousands of innocent pre-born lives in our state, and strikes an appropriate balance that we feel will stand up to Court scrutiny. It has taken a lot of hard work and coordinated teamwork to get this bill across the finish line, and I’m pleased to see the bill pass with an overwhelming vote and now move to the House for a vote.”

Bill sponsor Senator Larry Grooms says, “Life is the most precious right we have. Government’s primary duty is to protect the fundamental right to life. Without life, no other rights really matter. We know that a heartbeat is the most universal and most recognizable sign of life. There is no denying the fact that when you end a heartbeat, you end a life. The Heartbeat Bill respects this fundamental right and I’m pleased to see it pass the Senate today.”

Medical Affairs Committee Chairman Senator Danny Verdin says, “Life won in the South Carolina Senate today. The rights of the unborn deserve protection under the law. No symbol of life is stronger than a beating heart, and the Heartbeat Bill ensures that when a baby’s heart is beating, the government will not sanction that life to be taken. The Medical Affairs Committee took hundreds of hours of testimony on the matter and heard from hundreds of constituents from all across South Carolina. The members of the Senate Medical Affairs Committee have worked diligently and respectfully to those testifying and colleagues of the committee throughout this process.”

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Senate Returns To Columbia For New Legislative Session

The South Carolina State Senate returned to Columbia this week to convene the first week of regular session of the 124th General Assembly. Highlights of the week included the swearing-in of six newly elected Senators, adoption of the governing Senate Rules, the Governor’s State of the State Address, and a Medical Affairs subcommittee on Senate Bill 1.

ORGANIZATIONAL SESSION

At the start of a new legislative session, the Senate, in tradition, meets on day one to organize for a new session. One of the first acts of the organizational session is to elect the Senate President, who convenes and leads the Senate. The full Senate body votes on a Senate President to which Harvey Peeler (R-Gaffney) was unanimously elected to continue in serving as the Senate President.

In his first address to the new Senate, President Peeler said, “It’s a great honor to have the opportunity to lead this body for the next four years. I don’t take your faith in me lightly, and I hope I have proved that to you. The last two years were challenging and unpredictable. It’s not what I imagined when you first elected me president but I took on the challenge because difficult challenges is when we learn the most as leaders. We need direction when times are tough…this session will be unlike any other. You chose me to be your leader and I look forward to working with each one of year to ensure this year is healthy and successful.”

Following the November 2020 General Elections, six new Senators were elected to the body: Brian Adams (R-Berkeley), Billy Garrett (R-Greenwood), Penry Gustafson (R-Kershaw), Michael Johnson (R-York), Josh Kimbrell (R-Spartanburg) and Vernon Stephens (D-Orangeburg). Republicans will start the new legislative session with 30 of the 46 members – the largest Republican control of the State Senate in more than 150 years. We welcome our new members of the Senate Republican Caucus!

MAJORITY LEADER ELECTION

Pursuant to the Senate Rules, the Majority and Minority Caucuses are required to hold election for leader at the start of the four-year terms. The Senate Republican Caucus unanimously elected Shane Massey (R-Edgefield) to continue serving as the Senate Majority leader. Senator Massey was first elected Majority Leader in 2016.

In a statement to the press, Senator Massey said, “I am grateful to my Senate colleagues for their confidence in allowing me to continue to lead the Senate Republicans into the next legislative session. We have a great team, the people of South Carolina have seen that, and have empowered us to continue to lead on the most important of issues that affect their daily lives: continuing to combat COVID-19, reducing burdensome regulations that choke success and block high-paying jobs, making state government more accountable, and protecting the rights enumerated in the constitution. We were entrusted to lead, and we intend to work hard to better South Carolina for all its citizens.”

SENATE RULES PACKAGE

The Senate additionally approved a rules package on the first day of session. The Senate rules will govern debate and procedure for the Senate until the next legislative session. Included in this year’s rules package was an improvement to the Rule 15, “Fixing a time certain to vote,” or commonly referred to as cloture. The provision offered in the Senate Republican package would reduce unnecessary delay when debating legislation important to South Carolina citizens, while respecting the Senate’s critical role to provide careful consideration of any proposed law and ensuring that every Senator’s voice is heard when representing their constituents. It strikes the right balance.

Also included in the package was a requirement that Senators disclosure earmark requests, identify which projects for which they seek tax dollars, and publish the cost of the project, and if the project was funded. This important rule addition provides improved transparency project in the budget so that you can see where your hard-earned money is spent.

STATE OF THE STATE ADDRESS

Keeping with tradition of a new session, Governor Henry McMaster gave his State of the State Address to lawmakers on Wednesday, January 13th. The full speech is available to watch HERE.

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SC Senate Republicans Unveil SC Leads Act

On Monday, June 22, South Carolina Senate Republicans, in a press conference, unveiled a proposal to file new legislation to enhance law enforcement accountability, standards, and make other policy recommendations. The proposal known as The South Carolina Law Enforcement Accountability, Duty and Standards (SC LEADS) Act enhances law enforcement accountability, transparency, and professional standards, and seeks to strengthen trust in South Carolina.

The proposal includes:

1.Required Baseline Standards and Accreditation

    1. Requirement of an agency to adopt the baseline required standards as set forth by the Law Enforcement Training Council (LETC). may result in debarment from grant funding, civil fines, and the loss of an agency’s authority to remain a law enforcement agency.
    2. The LETC shall establish baseline required standards for all law enforcement agencies in South Carolina. Standards will include but are not limited to the following policies:
      1. Use of Force Continuum-when and how to respond to active resistance. 
      2. Uniform vehicle pursuit standards
      3. Hiring and terminating practices
      4. Mandatory post basic academy field training
      5. Implantation and use of body-worn cameras and car cams
      6. “No Knock Warrant” standards in compliance with U.S. Supreme Court decisions
      7. Duty to intervene – mandated duty on officers to intervene when observing an officer failing to meet baseline standards established or agency policy.
    3. After implementing the LETC baseline standards, agencies would be incentivized to go beyond those baseline standards through an accreditation option that is not cost prohibitive

2. Duty To Intervene

    1. Add “failure of duty to intervene” as established in baseline standards mandating officers intervene when observing failure to meet baseline standards.
    2. Failure to intervene could result in decertification and/or potential criminal charges.

3. Fully fund body-worn camera program, and South Carolina Highway Patrol car camera program

4. Mandatory Attendance at Misconduct Hearings

    1. A law enforcement agency who has reported an occurrence(s) of misconduct by an officer to the Criminal Justice Academy must fully cooperate with any investigation.

5. Non-Certified Officers and Training

    1. Strengthen requirements for officers who have not yet been certified by the academy and improve training.
      1. Support H.5109 – non-certified officers shall not perform duties unless accompanied by a certified officer
      2. require mandatory field training for all newly certified officers
    2. Require all newly appointed police chiefs to attend a chief’s school and annually obtain continuing law enforcement education credit

6. Centralized Investigation and Charging Authority

    1. Centralize investigation and charging authority for officer involved interaction resulting in death or great bodily injury:
      1. SLED to conduct all investigations unless there is a conflict, the Attorney General shall appoint an investigating agency in cases of SLED conflict
      2. SLED reports investigative findings to AG
      3. State charges are presented or declined by the AG within 3 months of completion of the investigation
      4. State Grand Jury has exclusive jurisdiction over criminal charges involving death or GBI as a result of an officer involved interaction
      5. The local solicitor has the ability to request the AG review an officer involved incident (other than death and GBI) in any other circumstance

Watch full video of the press conference by clicking, HERE, and scrolling to the bottom of the page. 

 

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2019 Novel Coronavirus (COVID-19) Action Report

Page Updated: 4/20/2020 as of 6:00 p.m.

Coronaviruses are a large family of viruses that cause respiratory infections ranging from the common cold to more serious diseases such as pneumonia, Severe Acute Respiratory Syndrome (SARS), and Middle Eastern Respiratory Syndrome (MERS). COVID-19 was originally thought to have spread from animal to person, but person-to-person spread is now occurring.

Outbreaks of novel virus infections are public health concerns. The risk of COVID-19 infections in South Carolina depends on multiple factors, including the likelihood of travelers from affected areas, how easily the virus may spread from person to person and the effectiveness of measures to prevent community spread.

On March 17, 2020, the South Carolina State Senate unanimously voted to authorize a $45 million supplemental funding package for SCDHEC to combat the COVID-19 outbreak. The package would provide flexibility for SCDHEC to move assets where needed most and provides oversight and reporting of expenditures to the State’s Executive Budget Office. The package was ordered for a third reading on March 18, 2020 and was sent  sent to the State House of Representatives for further consideration. On March 19, 2020, the South Carolina House of Representatives concurred with the Senate’s funding package. Governor McMaster signed the bill into law on the same day permitting DHEC to draw funds from the account. DHEC requests included in the supplemental funding package include the following:

  • Staffing ($14,598,760): DHEC needs additional staffing to support COVID-19 disease surveillance and contact investigation, laboratory testing, and information phone lines.
  • Personal Protective Equipment (PPE) ($14,806,800): PPE for DHEC’s healthcare workers to prevent spread of infection.
  • Staff Support ($5,282,420): Operating costs such as technology, lab supplies and reagents, travel, and facility cleaning.
  • Education Campaign ($2,500,000): Support for TV/Radio airtime and printed materials.
  • Quarantine ($1,703,580): Cost to quarantine and support indigent patients.
  • Transportation ($1,394,958): Cost to courier lab samples and distribution of items from the Strategic National Stockpile.
  • Contingency ($5,000,000): We have built in about 10% for unanticipated costs or changing assumptions based on disease spread.

RECENT TIMELINE: 

  • APRIL 20, 2020 – Governor Henry McMaster issued Executive Order 2020-28 to safely, strategically, and incrementally reopen businesses classified as retail stores effective Wednesday, April 6 at 5:00 p.m. Examples of retail business re-openings would  include:
    • (a) Furniture and home-furnishings stores (b) Clothing, shoe, and clothing-accessory stores (c) Jewelry, luggage, and leather goods stores (d) Department stores, with the exception of hardware and home-improvement stores (e) Sporting goods stores (f) Book, craft, and music stores (g) Flea markets (h) Florists and flower stores.
    • As a condition of re-opening, the business shall limit the number of customers allowed to enter and simultaneously occupy the premises so as not to exceed five (5) customers per 1,000 square feet of retail space, or twenty percent (20%) of the occupancy limit as determined by the fire marshal, whichever is less. The business shall not knowingly allow customers, patrons, or other guests to congregate within six (6) feet of one another, exclusive of family units. Additionally, the business shall implement all reasonable steps to comply with any applicable sanitation guidelines promulgated by the CDC, DHEC, or any other state or federal public health officials.
    • If a business has a question as to whether it should close in view of the Governor’s Order, the business should complete the Essential Business Clarification form located on the South Carolina Department of Commerce website here. Questions can also be sent to covid19sc@sccommerce.com, or business representatives can call 803-734-2873. A team from South Carolina Department of Commerce will review the business’s request for clarification, and the business will receive a response with their determination, essential or non-essential, within 24 hours. If a business is not explicitly addressed in the governor’s executive order, the business should continue normal operations until a determination is made.
  • APRIL 13, 2020 – SCDHEC announces five additional deaths related to COVID-19, bringing the state total to 87 deaths. Additionally, SCDHEC announces 127 additional cases of COVID-19, bringing the state total to 3,439 in all 46 counties.
  • APRIL 12, 2020 – Governor Henry McMaster issued a third State of Emergency under Executive Order 2020-23 authorizing emergency powers for purpose of combatting the COVID-19 pandemic in the State of South Carolina. 
  • APRIL 12, 2020 – SCDHEC announces two additional deaths related to COVID-19, bringing the state total to 82 deaths. Additionally, SCDHEC announces 113 additional cases of COVID-19, bringing the state total to 3,319 in all 46 counties.
  • APRIL 11, 2020 – SCDHEC announces eight additional deaths related to COVID-19, bringing the state total to 80 deaths. Additionally, SCDHEC announces 144 additional cases of COVID-19, bringing the state total to 3,207 in all 46 counties.
  • APRIL 10, 2020 – SCDHEC announces 274 additional cases of COVID-19, bringing the state total to 3,065 in all 46 counties.
  • APRIL 6, 2020 – Governor Henry McMaster issued a “Home or Work Order,” Executive Order 2020-21. The Order mandates that all residents and visitors of South Carolina limit social interaction, practice social distancing and limit movements outside of their home or place of work.
  • APRIL 3, 2020 – Governor Henry McMaster issued Executive Order 2020-18 to temporarily close additional businesses classified as retail stores in addition to the three categories previously closed under Executive Order 2020-17: entertainment, athletic facilities, and close contact providers. The closure will be effective Wednesday, April 6 at 5:00 p.m. Examples of retail business closures include:
    • (a) Furniture and home-furnishings stores (b) Clothing, shoe, and clothing-accessory stores (c) Jewelry, luggage, and leather goods stores (d) Department stores, with the exception of hardware and home-improvement stores (e) Sporting goods stores (f) Book, craft, and music stores (g) Flea markets (h) Florists and flower stores.
    • If a business has a question as to whether it should close in view of the Governor’s Order, the business should complete the Essential Business Clarification form located on the South Carolina Department of Commerce website here. Questions can also be sent to covid19sc@sccommerce.com, or business representatives can call 803-734-2873. A team from South Carolina Department of Commerce will review the business’s request for clarification, and the business will receive a response with their determination, essential or non-essential, within 24 hours. If a business is not explicitly addressed in the governor’s executive order, the business should continue normal operations until a determination is made.
  • APRIL 3, 2020 – SCDHEC announces three additional deaths related to COVID-19, bringing the state total to 34 deaths. Additionally, SCDHEC announces 147 additional cases of COVID-19, bringing the state total to 1,700 in all 46 counties.
  • APRIL 2, 2020 – SCDHEC announces 261 additional cases of COVID-19, bringing the state total to 1,554 in all 46 counties.
  • MARCH 31, 2020 – Governor Henry McMaster issued Executive Order 2020-17 to temporarily close businesses in South Carolina in three categories: entertainment, athletic facilities, and close contact providers. The closure will be effective Wednesday, April 1 at 5:00 p.m. Examples of businesses closures include:
    • Entertainment — bowling alleys, night clubs, arcades, concert halls, theaters, auditoriums, performing arts centers, tourist attractions including museums, racetracks, indoor children play areas (not daycares), adult entertainment venues, bingo halls, venues operated by social clubs.
    • Athletic facilities and activities – fitness centers and gyms, spas and public pools, spectator sports, events that require shared sporting equipment, public playground equipment
    • Close contact service providers – barber shops, hair salons, waxing salons, nail salons, spas, body art facilities, tattoo parlors, tanning salons, massage therapy
    • If a business has a question as to whether it should close in view of the Governor’s Order, the business should complete the Essential Business Clarification form located on the South Carolina Department of Commerce website here. Questions can also be sent to covid19sc@sccommerce.com, or business representatives can call 803-734-2873. A team from South Carolina Department of Commerce will review the business’s request for clarification, and the business will receive a response with their determination, essential or non-essential, within 24 hours. If a business is not explicitly addressed in the governor’s executive order, the business should continue normal operations until a determination is made.
  • MARCH 31, 2020 – SCDHEC announces 158 additional cases of COVID-19, bringing the state total to 1083 in 42 counties
  • MARCH 30, 2020 – SCDHEC announces two additional deaths related to COVID-19, bringing the state total to 18 deaths. Additionally, SCDHEC announces 151 additional cases of COVID-19, bringing the state total to 925 in 41 counties
  • MARCH 29, 2020 – SCDHEC announces an additional death related to COVID-19, bringing the state total to 16 deaths. Additionally, SCDHEC announces 113 additional cases of COVID-19, bringing the state total to 774 in 40 counties
  • MARCH 28, 2020 – SCDHEC announces two additional deaths related to COVID-19, bringing the state total to 15 deaths. Additionally, SCDHEC announces 121 additional cases of COVID-19, bringing the state total to 660 in 40 counties
  • MARCH 27, 2020 – Governor Henry McMaster issued Executive Order 2020-14 to require individuals entering South Carolina from High-Risk areas – consisting of New York, New Jersey, Connecticut and the City of New Orleans, Louisiana – to self-quarantine for a period of fourteen (14) days. This order is mandatory and is enforceable by a law enforcement officer with potential penalty of misdemeanor, fine of not more than one hundred dollars, or imprisoned for not more than thirty days, pursuant to 16-7-10(A) of the South Carolina Code of Laws. 
  • MARCH 27, 2020 – SCDHEC announces four additional deaths related to COVID-19, bringing the state total to 13 deaths. Additionally, SCDHEC announces 86 additional cases of COVID-19, bringing the state total to 539 in 39 counties
  • MARCH 25, 2020 – Eighty-Two (82) additional cases of COVID-19 announced in South Carolina. This brings the total number, at this time, to 424 cases statewide in 39 counties.  
  • MARCH 24, 2020 – SCDHEC announces two additional deaths related to COVID-19, bringing the state total to 7 deaths.
  • MARCH 24, 2020 – Forty-Four (44) additional cases of COVID-19 announced in South Carolina. This brings the total number, at this time, to 342 cases statewide in 36 counties.  
  • MARCH 23, 2020 – Governor Henry McMaster issued Executive Order 2020-13 to direct law enforcement or a political subdivision to prohibit public gatherings, unless privately in their homes, of three or more if, in their discretion, the gathering poses a threat to public health. This does not apply to employee or employer environments.
  • MARCH 23, 2020 – One hundred three (103) additional cases of COVID-19 announced in South Carolina. This brings the total number, at this time, to 298 cases statewide in 34 counties.  
  • MARCH 23, 2020 – U.S. Department of Education approves Spring 2020 assessment and accountability requested by the SC Department of Education. The waiver permits South Carolina to not administer any of the following assessment programs for the Spring 2020 semester:
    • SC READY (English language arts and mathematics in grades 3–8); 
    • SCPASS (science in grades 4 and 6);
    • End-of-Course Examination Program (English, Algebra, Biology, United States History and the Constitution) the requirement that these examinations count 20 percent has been waived;
    • Prekindergarten assessments – 4-year-old kindergarten (Phonological Awareness Literacy Screening (PALS Pre-K™), Individual Growth and Development Indicators (myIGDIs™), and Teaching Strategies® GOLD); and
    • Alternate Assessments – some students have already taken the alternate assessments. Districts will receive information for returning those materials.
    • Additional requirements remain in place. For full details included in the waiver, view the SDE release. 
  • MARCH 23, 2020 – The South Carolina Department of Health and Environmental Control announced the state’s fourth and fifth deaths related to COVID-19. This brings the state’s total number of deaths to five.
  • MARCH 22, 2020 – Twenty-Two (22) additional cases of COVID-19 announced in South Carolina. This brings the total number, at this time, to 195 cases statewide in 33 counties.
  • MARCH 22, 2020 – Governor Henry McMaster issued Executive Order No. 2020-12 to suspend regulations to permit the curbside delivery or pickup of beer and wine. Alcoholic liquors, as defined in the Code, are prohibited from pickup or delivery. 
  • MARCH 21, 2020 – Forty-Six (46) additional cases of COVID-19 announced in South Carolina. This brings the total number, at this time, to 173 cases statewide in 30 counties.
  • MARCH 21, 2020 – South Carolina Department of Health and Environmental Control receives first shipment of medical equipment from the Strategic National Stockpile. SCDHEC received 55 pallets in the initial shipment containing N-95 masks, face shields, surgical masks, gowns and gloves. Additional shipments may continue in the coming weeks.
  • MARCH 20, 2020 – Forty-Five (45) additional cases of COVID-19 announced in South Carolina. This brings the total number, at this time, to 125 cases statewide in 25 counties.
  • MARCH 20, 2020 – The U.S. Small Business Administration (SBA) approved Governor Henry McMaster’s request for the agency to offer South Carolina’s small businesses with disaster assistance. The approval means South Carolina’s small businesses that have suffered substantial economic injury, as a result of the COVID-19 virus, may qualify for low-interest federal disaster loans. All 46 counties are included in the disaster declaration. South Carolina’s businesses can apply online at: https://disasterloan.sba.gov/ela.
  • MARCH 19, 2020 — Governor McMaster issues Executive Order 2020-11 to direct all non-essential employees and staff of the State of South Carolina – and employees of college, universities, and technical colleges – to not report to work until further notice, at the direction of the Agency Head or direct supervisor; to prohibit any county, municipality, or political subdivision of the State from closing any location or facility that may be necessary to perform mission-critical functions; to suspend requirement of unemployment payment by employers until June 1; to authorize DHEC to suspend regulations requiring Certificate of Need Review to permit healthcare facilities to make capital expenditures and acquire medical equipment to combat COVID-19.  
  • MARCH 19, 2020 — Twenty-One (21) additional cases of COVID-19 announced in South Carolina. This brings the total number, at this time, to 81 cases statewide in 17 counties.
  • MARCH 18, 2020 — Thirteen additional cases of COVID-19 announced in South Carolina. This brings the total number, at this time, to 60 cases statewide in 14 counties.
  • MARCH 17, 2020 — Fourteen additional cases of COVID-19 announced in South Carolina. This brings the total number, at this time, to 47 cases statewide in 13 counties.
  • MARCH 17, 2020 — South Carolina Department of Revenue (SCDOR) announces extension to file state returns and pay taxes due April 1, 2020, now due by June 1,2020. Penalty and interest will not be charged if payment is made by June 1. Online services are available by visiting MyDORWAY.dor.sc.gov.
  • MARCH 17, 2020 — Governor McMaster issues Executive Order 2020-10 to direct the DHEC to waive or suspend provisions of existing regulations that may prevent, hinder, or delay necessary action in coping with an emergency; to order that food-service establishments and bars may not permit on-premises dining or consumption, but to encourage delivery, carry-out or drive-through distribution for alternative means; the prohibition of any organized event or public gathering held at a location owned by South Carolina or a political subdivision if it would require convening fifty or more persons in a single area; to direct the Adjutant General to oversee efforts and utilize equipment for hospitals or other healthcare providers.
  • MARCH 16, 2020 — SCDHEC releases updated guidance on patient testing and travel of cruise ships.
  • MARCH 16, 2020 — Five additional cases of COVID-19 announced in South Carolina.
  • MARCH 16, 2020 — SCDHEC announces South Carolina’s first COVID-19 related death.
  • MARCH 15, 2020 — Governor McMaster issues Executive Order 2020-09 to direct the closure of all public schools in South Carolina for students and non-essential employees from March 16, 2020 to March 31, 2020 unless otherwise directed by executive order. The order additionally directs elections held on or before May 1, 2020 to be postponed; and to urge indoor or outdoor public gatherings be limited to less than one-hundred (100) people.
  • MARCH 15, 2020 — Nine additional cases of COVID-19 announced in South Carolina.
  • MARCH 14, 2020 — Six additional cases of COVID-19 announced in South Carolina.
  • MARCH 13, 2020 — SCDHEC provides updated guidance on testing and reporting for COVID-19 in South Carolina.
  • MARCH 13, 2020 — Governor McMaster issues Executive Order 2020-08 declaring State of Emergency for South Carolina due to the 2019 Novel Coronavirus (COVID-19). The order DHEC be vested with powers set forth in the Emergency Health Powers Act; the closure of public schools located in Kershaw and Lancaster Counties; suspension of visitations to state corrections institutions and local detention facilities; activation of the South Carolina National Guard; limited licensing to security companies in protecting property; and prohibition of price gouging.
  • MARCH 11, 2020 — Governor McMaster issues Executive Order 2020-07 to suspend certain rules and regulations for commercial vehicles and operators responding directly to assist in COVID-19 efforts.
  • MARCH 6, 2020 — State of South Carolina’s first two cases of COVID-19 announced in media briefing; one patient is elderly female from Kershaw County who has been hospitalized and in isolation; the second patient is an adult female from Charleston County who recently traveled to France and Italy. The patient did not require hospitalization and is self-isolated at home.
  • MARCH 2, 2020 — Governor Henry McMaster convenes Public Health Emergency Plan Committee to discuss potential impact of COVID-19 to South Carolina.
  • FEBRUARY 28, 2020 — SCDHEC issues interim guidance on the outbreak of COVID-19.
  • JANUARY 31, 2020 — Governor McMaster convened a meeting of the Public Health Emergency Plan Committee to discuss update on COVID-19.

QUICK INFORMATION:

  • How it is spread:
    • COVID-19 is commonly spread through air by coughing and sneezing; close personal contact, such as touching or shaking hands; or touching an object with the virus and making contact with mouth, nose, or eyes.
  • Symptoms of COVID-19:
    • Symptoms of COVID-19 can be mild to severe illness, fever, coughing or shortness of breath.
  • Travelers:
    • Those who have traveled from an affected area in the past two weeks should seek medical advice if any symptoms develop during that period. Health officials are prepared with instructions on how to prevent the spread and proper procedures to avoid the spread.
  • COVID-19 Prevention:
    • Health officials recommend constant washing of hands with warm water and soap for more than twenty seconds; avoid touching eyes, nose or mouth; avoid contact with sick individuals; stay home when not feeling well; and practicing social-distancing of keeping distance from others, greater than six feet.
    • If soap and water are not readily available, use a hand sanitizer that contains at least 60% alcohol. Cover all surfaces of hands and rub them together until they feel dry.
  • Get Screened:
    • Individuals experiencing symptoms such as fever, cough, or shortness of breath should contact their personal doctor or healthcare provider. MUSC Health is providing a free telehealth screening to all South Carolinians experiencing symptoms without leaving their home using this link: https://campaigns.muschealth.org/virtual-care/index.html.
  • More Information:
    • The Centers for Disease Control and Prevention and South Carolina Department of Environmental Control have additional helpful information online at cdc.gov/covid19 and schec.gov/covid19.
    • The SCDHEC Care Line is available to provide general information from 8 a.m. to 6 p.m., seven days a week by calling 855-472-3432.
    • The SCEMD, in collaboration with SCDHEC, has created an online portal to monitor testing and confirmed cases of COVID-19 in South Carolina. You can view this portal HERE.

EMPLOYMENT & WORKFORCE INFORMATION:

  • Unemployment Benefits:
    • Unemployment benefits are available to individuals who are unemployed through no fault of their own. If an employer must shut down operations and no work is available, individuals may be eligible for unemployment benefits.
  • Layoff Insurance Benefits:
    • Unemployment benefits are available to any individual who is unemployed through no fault of their own. If an employer must lay off employees due to the loss of production caused by the coronavirus, individuals may be eligible for unemployment benefits. This also applies to those employees’ whose hours may be reduced due to no fault of their own.
  • Paid Leave:
    • Employees receiving paid leave would not be considered unemployed and therefore ineligible to receive unemployment benefits.
  • COVID-19 Related Shutdown:
    • South Carolina law allows for the removal of charges from contributory employers when unemployment benefits are paid as a result of a natural disaster, either declared by the President of the United States or the declaration of emergency by the Governor. 
  • Unemployment Insurance Claims (Employees):
    • To submit an initial claim for unemployment insurance claims, individuals must follow three steps: (1) Apply for benefits through SCDEW, (2) Register for work, and (3) Search for work.
    • Individuals may submit an initial claim through MyBenefitsPortal (https://dew.sc.gov/individuals/manage-your-benefits/weekly-claims), once the application is submitted, DEW will review the claim and determine if you qualify.
    • Through the portal, individuals must register for work on SC Works Online Services within two weeks to avoid nonpayment. Additionally, individuals must update their resume every 90 days to continue payment.
    • To remain eligible, individuals must actively search for work each week and conduct at least two (2) job searches each week. Individuals may request a waiver for the requirement to perform two searches if for good cause.
  • Filing Claims for Workers (Employers):
    • Employers experiencing a temporary shutdown, slow or smaller workload than normal may request permission to file claims on their workers’ behalf. Employers are able to file up to six weeks for affected employees who are exempt from work searches during that time.
    • To file, employers must contact DEW’s Unemployment Insurance department at 866-831-1725 and sign an agreement letter to become authorized to file employees’ claims.
    • Employers are required to report earnings that the employee may have received during the particular week filed. The claim must be submitted after the week of layoff is over but within 14 days of the claim week ending date.
    • Additionally information is available online at: https://dew.sc.gov/employers/ui-benefits/filing-claims-for-your-workers. 
  • Economic Injury Disaster Loans:
    • The U.S. Small Business Administration is offering designated states and territories low-interest federal disaster loans, through the Economic Injury Disaster Loan program, for working capital to small businesses suffering substantial economic injury as a result of the COVID-19. This program is designed to help the business community address financing and cash flow issues, which may exceed the underwriting requirements for local financial institutions. On March 17, Governor McMaster submitted the required request for assistance to the Small Business Administration (SBA) to make loans available in the form of SBA Economic Injury Disaster Loans for eligible small businesses located in all 46 counties of the state. After approval of our state-certification by the SBA, the South Carolina Department of Commerce and South Carolina Emergency Management Division websites will have explicit instructions on how to fill out the SBA loan application. Please note this is a loan—not a grant—and will still carry underwriting requirements. If a small business is interested in obtaining an SBA loan, please contact Chuck Bundy at the South Carolina Department of Commerce at cbundy@sccommerce.com or 803-737-0440.
  • Small Business Disaster Assistance:
    • The U.S. Small Business Administration (SBA) has announced it will offer South Carolina’s small businesses with disaster assistance. The approval means South Carolina’s small businesses that have suffered substantial economic injury, as a result of the COVID-19 virus, may qualify for low-interest federal disaster loans. All 46 counties are included in the disaster declaration. South Carolina’s businesses can apply online at: https://disasterloan.sba.gov/ela.
  • Federal Assistance for Small Business:
    • On March 27, President Trump signed into law H.R. 748, the CARES Act. Part of the Act included a Paycheck Protection Program to authorize up to $349 billion toward job retention and other expenses for small businesses. Nonprofit organizations, Veterans organizations, Tribal business, self-employed and independent contractors are among those eligible for the assistance. Businesses may apply online by visiting: https://home.treasury.gov/policy-issues/top-priorities/cares-act/assistance-for-small-businesses.

INDIVIDUALS AND FAMILIES:

  • S.C. Public School Closures:
    •  The South Carolina Department of Education (SCDE) has announced the closure of all South Carolina public schools through April 30, 2020. The SCDE is working closely with SCDHEC, district, parents and students to provide essential services during the COVID-19 outbreak. More information is available on the SCDE Website, including school food sites, WiFi Hot Spots in S.C., and related information.
    • The Medical Board can expedite temporary licensure for out-of-state physicians, physician assistants, and respiratory care practitioners within 24 hours. There is no fee for these 90-day temporary licenses. You can apply for licensure by clicking here.
    • For nurses, South Carolina is part of the Enhanced Nursing Licensure Compact (eNLC), which means registered nurses (RNs) and licensed practical nurses (LPNs) from these 32 other states who have multi-state licenses can work in South Carolina at any time. All states in the Southeast are part of the Nursing Compact. Additionally, the Board of Nursing can expedite licensure of advanced practice registered nurses (APRNs), as well as RNs and LPNs from non-compact states. The expedited licensure only requires information from the hospital or other health provider or organization that is requesting the additional nursing staff from another state. The license is good for 15 days, but may be renewed. There is no fee associated with this expedited, temporary license. You can apply for licensure by clicking here.
  • On April 1, 2020, the SC Commission on Higher Education issued guidance to colleges and universities to determine whether a refund or credit to the student’s account for housing, dinning and other fees deemed appropriate by the institution. The guidance includes:
    • Students who remain enrolled for the remainder of the semester are eligible for a refund or credit. The suspension of in-person instruction does not change the student’s enrollment status for billing, financial aid, and/or reporting purposes.
    • Students who remain on campus for the remainder of the semester will not be eligible for refunded or credited services.
    • Refunds or credits should be prorated based on the number of days for which the service will not be provided to the student(s). Individual institutions will calculate the amount to be refunded or credited. Further, whether refund or credit, any remittance should first be applied to any remaining current charges.
    • Refunds or credits for eligible students should be processed by an institution at the earliest possible time based on a schedule determined by the institution.
    • Additional information may be found by visiting the SCCHE Website.
  • Health Insurance:
    • The S.C. Department of Insurance has provided information as to health insurance companies doing business in South Carolina and coverage. To learn more, go here.
  • Scam Alert:
    • South Carolina Attorney General Alan Wilson has warned citizens to be alert to possible disaster-related scams such as fraudulent phone calls or price gouging, and report any suspected scams to the Attorney General’s office using this link: http://www.scag.gov/archives/40426.
  • Veterans and COVID-19:
    • The Veterans Administration has created this website with resources for veterans.
  • Cleaning and Disinfection Recommendations:
    • The CDC issued this guidance on cleaning and disinfecting homes.
  • Children and COVID-19:
    • The CDC issued this information as to children and COVID-19.
  • Pregnant/Breastfeeding and COVID-19:
    • The CDC issued this information for women who are pregnant or breastfeeding.
  • Local Grocery Stores:
    • Several stores have been out of staples including toilet paper. Stores are stocking as quickly as they can and several stores are hiring more workers to help with stocking and cleaning.
  • State Tax Filing Deadlines:
    • Various tax filing and payment deadlines starting on April 1, 2020 were extended. As a result, affected individuals and businesses will have until June 1, 2020 to file and pay taxes for returns that are due between April 1, 2020 and June 1, 2020. To learn more, go here.
  • Federal Tax Information:
    • The Internal Revenue Service announced payment deadline of April 15, 2020 extended to July 15, 2020. To learn more, go here.

MEDICAL RESOURCES AND SUPPLIES:

  • Procedure for Requesting Resources:
    • Ensure suppliers routinely used cannot meet the request.
    • Utilize any mutual aid agreements that are in place.
    • Request assistance through their local healthcare coalition.
    • Contact County Emergency Management (EM) Division to submit a resource request.  If the County EM cannot fulfill the request, they must submit the request to the SCEMD Supply Unit.  Afterwards, the SCEMD Supply unit will then task to the appropriate ESF (or other sources), or provide vendor information to the requestor.
  • S.C. Emergency Medical Licensing:
    • The South Carolina Board of Medical Examiners and the South Carolina Board of Nursing have procedures in place to temporarily license individuals in times of an emergency. This is an available tool to combat the virus in our state. Here are the specifics:
    • The Medical Board can expedite temporary licensure for out-of-state physicians, physician assistants, and respiratory care practitioners within 24 hours. There is no fee for these 90-day temporary licenses. You can apply for licensure by clicking here.
    • For nurses, South Carolina is part of the Enhanced Nursing Licensure Compact (eNLC), which means registered nurses (RNs) and licensed practical nurses (LPNs) from these 32 other states who have multi-state licenses can work in South Carolina at any time. All states in the Southeast are part of the Nursing Compact. Additionally, the Board of Nursing can expedite licensure of advanced practice registered nurses (APRNs), as well as RNs and LPNs from non-compact states. The expedited licensure only requires information from the hospital or other health provider or organization that is requesting the additional nursing staff from another state. The license is good for 15 days, but may be renewed. There is no fee associated with this expedited, temporary license. You can apply for licensure by clicking here.

ADDITIONAL RESOURCES:

  • State and Local: 
    • Governor Henry McMaster: https://governor.sc.gov/.
    • South Carolina Department of Health & Environmental Control: https://scdhec.gov/covid-19.
    • South Carolina Emergency Management Division: https://www.scemd.org/.
    • South Carolina Department of Education: https://ed.sc.gov/.
    • South Carolina Department on Aging: https://aging.sc.gov/.
    • South Carolina Department of Social Services: https://dss.sc.gov/.
    • South Carolina Department of Revenue: https://dor.sc.gov/emergencies.
    • South Carolina Department of Employment and Workforce: https://dew.sc.gov/individuals/apply-for-benefits.
    • South Carolina Department of Insurance: https://www.doi.sc.gov/948/COVID-19.
  • National and Global: 
    • President Donald J. Trump, White House: https://www.whitehouse.gov/.
    • World Health Organization: https://www.who.int/emergencies/diseases/novel-coronavirus-2019.
    • Centers for Disease Control and Prevention: https://www.cdc.gov/coronavirus/2019-ncov/index.html.
    • Centers for Medicare and Medicaid Services: https://www.cms.gov/.
    • U.S. Department of Education: https://www.ed.gov/coronavirus.

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SC Senate Republicans Lead The Way On Education Reform

South Carolina Senate Republicans are leading the way in improving education for all children, teachers, administrators and parents in South Carolina! Despite eight weeks of delay from those wishing to preserve the status quo, Senate Republicans were able to pass a comprehensive education reform proposal that addresses many of state’s most critical needs in education.

“The Senate made education reform its top priority this year and has worked diligently for 8 weeks to craft a bill that provides many important improvements to South Carolina’s public schools,” Senate Majority Leader Shane Massey says. “I’m hopeful the House of Representatives to continue this important work of supporting our teachers and improving educational opportunities for our students.”

Chairman of the Senate Education Committee Greg Hembree says, “In my eight years in the Senate, I have never seen this body work harder on any single issue than the work we have done on this education reform effort. Although the Senate has passed S.419, we still have work ahead of us…when we complete our work on this bill, our work will not stop. The hard work of building an education system that gives every student in South Carolina the opportunity for a world-class education never ends, and we will continue that work, every year.

The Senate version of the bill:

  • Sets policy commitment for educations, known as Educator Fundamentals for Professional Excellence, to provide proper workplace expectations, including:
    • Policies to provide faculty by fully respected by school and district officials.
    • Ability for teachers to initiate disciplinary measures of persistently disruptive students.
    • Expectation of a safe, secure, orderly work environment free of dangers, hazards or threats.
    • Guaranteed at least 30-minute unencumbered duty-free lunch period for elementary school teachers free of planning and instruction.
    • Additional compensation for work time required above and beyond stated contract days and responsibilities as teachers.
    • And be free of excessive and burdensome paperwork related to disciplinary actions, district evaluation procedures, and other administrative inquires that prevent the fulfillment of teachers’ primary directive to implement effective instruction for their students.
    • Provide support and assistance to meet performance standards and professional expectations.
  • Eliminates three state-mandated tests: social studies in 5th and 7th grades and science in 8th grade.
  • Expands 4K to every district in the state for students who are in families under 185% of poverty.
  • Doubles the reimbursement amount teachers receive for classroom supplies from $275 to $550.
  • Requires the Department of Education to pay initial certification costs for all new public school teachers.
  • Offers personal finance elective as requirement for economics course.
  • Allows students to retain their eligibility for Palmetto Scholarship for up to two years if attending a technical college.
  • Expands Palmetto and Life Enhancement scholarships, an additional $2500 per year, to college students majoring in education.
  • Mandates School Boards adopt follow code of ethics which must be submitted to the Department of Education and followed.
  • Creates a model training program for local school board members including, but not limited to, the powers duties, and responsibilities of board members; policy development; board relations; district finance; ethics compliance; nepotism; conflicts of interest and community relations.
  • Establishes a framework for turning around failing schools and allows for removal of elected school boards in chronically failing districts.
  • Provides summer reading camps for students after Kindergarten, 1st, and 2nd grades.
  • Protects student data and information collected, to be held personal and confidential with state and federal privacy laws.
  • Allows district flexibility for mileage reimbursement for teachers.
  • Requires school boards to provide a streamlined template for student-learning objectives (SLO’s) further reducing teacher paperwork.
  • Creates a teachers preparation data dashboard to give an easily accessible source of information for teachers related to professional assistance.
  • Ensures reading coaches do only the job they were employed to do.
  • Adds 5 day scheduling flexibility to do KRA (Kindergarten Readiness Assessment)
  • Reauthorizes the National Board Certification program for teachers.
  • Requires two-thirds vote by the Board of Education to receive schools of innovation approval.
  • Makes structural changes to schools of innovation for consistent statewide compliance with schools of innovation guidelines.
  • Mandates local school districts must ensure completion of semester exams prior to a scheduled December break.
  • Eliminates the Education Oversight Committee.
  • Cements the GPA for lottery scholarships to allow students to remain eligible on the current ten point scale.
  • Permits students to receive additional SCWINS Scholarship if attending a two-year public technical college if the student is majoring in a critical workforce area program defined by SBTCE and is receiving a LTAP scholarship or meets the income eligibility guidelines for free-reduced meals; conditioned upon the student receiving career and guidance counseling and other compliance guidelines.

Governor Henry McMaster issued the following comments following passage of S.419: 

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Education Reform Bill Set For Priority Status In Senate

Education of Top Importance In 2020 Says Senate Majority Leader

COLUMBIA, SC — The South Carolina Senate today voted to set Senate Bill 419, an education reform package, for special order priority status by a vote of 40 to 4. Senate Majority Leader Shane Massey made the special order motion on the Senate floor on what is the first day of new annual legislative session signifying the Senate’s commitment to make significant improvements to the state’s K-12 education policy.

“Providing a high-quality education to children in South Carolina continues to be at the top of the priority list for members of our Senate Republican Caucus, and we sent a clear message of that commitment today in setting S.419 for priority status in the Senate,” Senator Shane Massey says.

Chairman of the Senate Education Committee, Senator Greg Hembree, echoed the importance prioritizing the reform legislation.

“The Education Committee worked diligently through the fall and winter of 2019 hearing from teachers, parents, administrators, students and the public to craft a quality piece of legislation with lasting impact. There is plenty more to be done, but I am pleased of the work of the committee up to this point and look forward to final passage of key reforms that will improve our education policy for years to come.”

Special Order votes require a 2/3 vote in the affirmative of members voting and present. The motion passed with a vote of 40 in the affirmative and only four members voting against the motion.

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This Week Under The Dome

 LEGISLATIVE UPDATE : May 20-24, 2019

The Senate returned this week, pursuant to the Sine Die resolution, to take up “conference committee reports.” Conference Committees are composed of three members from each body, Senate and the House, appointed to resolve differences between the respective bodies on an amended bill. The committee reports the recommendations, compromises, or amendments to the full Senate and full House for further action. If both bodies approve of the final changes to the legislation, the conference committee report is adopted and sent to the governor for signature or veto. The following conference committee reports were adopted and now head to the governor’s desk for further action.

Conference Committee Report Adopted

H.3137 –Local Government Fund: A bill to amend the State Aid to Subdivisions Act, the Local Government Fund, to establish a process of distribution of funds. The bill deletes the provision relating to mid-year cuts. The revenues to the local government will be adjusted proportionally to the same projected percentage change, but not to exceed five percent. The base is re-benchmarked at the current level of funding and then grows as the general fund grows.

 H.3601– Public Disorderly Conduct: A bill to allow procedures for conditional discharge for first time offenders relating to public disorderly conduct. The court without entering a judgment of guilty and with the consent of the accused may defer further proceedings and be placed on probation with terms and conditions. A nonpublic record must be forwarded and retained by SLED solely for the purpose of use by the courts in determining whether a person has committed a subsequent offense. Upon dismissal and discharge, the person may apply to the court for an order of expungement A fee of $150 must be paid before a person may be discharged and proceedings dismissed, in which the funds shall be transmitted to the Prosecution Coordination Commission.

H.3602 – Health Care Decisions: A bill relating to the persons who may make health care decisions for a patient who is unable to consent, to add a person who has an established relationship with the patient, acting in good faith and who can reliably convey the patient’s wishes but is not a paid caregiver or provider of health care services to the patient. The person must sign and date a notarized acknowledgement form provided by the hospital or other facility where the patient is located.

 H.3789 – Driver’s Licenses: A bill to expand options to prove veteran’s status, raises validity period for certain types of licenses and ID cards, allows the Department of Motor Vehicles to charge differing amounts for licenses depending on the validity periods. Members of the Armed Services and their dependents DL validity is extended from 4 years to 8 years. Veteran’s status extends to both national guardsmen and members of the reserve components who qualify. Establishes two options for commercial driver’s license: HAZMAT endorsement valid for 5 years upon individual which passes TSA threat assessment or without HAZMAT endorsement valid for 8 years, and additional conforming changes.

H.3821 – Advanced Practice Registered Nurses: A bill to enact the “Advanced Practice Registered Nurse Act” to provide that APRNs may certify the manner and cause of death pursuant to the provisions of the State Code of Laws. APRNs may have prescriptive authority on Schedule II narcotics for patients in long-term care facilities, all other restrictions of law remain the same.

 H.3986 –Palmetto ABLE Savings: A bill to rename the “South Carolina ABLE Savings Program” the “South Carolina Stable Account Program,” and make conforming changes.

 H.4004 – POST Act: A bill to enact the “Physician’s Orders for Scope of Treatment (POST) Act.” The South Carolina Department of Health and Environmental Control must administer, create access and manage improvements to the POST form, develop process to identify patients utilizing POST and other advance directives, develop educational efforts for public and health care professionals and promulgate necessary regulations. The POST form must be a uniform document based on the standards recommended by the National Physical Order for Life-Sustaining Treatment (POLST) paradigm and must include certain criteria. A POST may be revoked at any time by an oral or written statement by the patient or patient’s legal representative.

 H.4243 –Professional Sports Teams Credits: A bill to define and include ‘professional sports team’ to taxpayers eligible for the new job tax credit. Additionally, increases the amount of initial job credit from eight thousand dollars to twenty-five thousand dollars for Tier IV counties, and from four thousand dollars to twenty thousand dollars for jobs created in Tier III counties. The provisions relating to ‘professional sports team’ shall sunset by July 1, 2022.

H.4000 –State General Appropriations: A bill to enact the general appropriations of the state for Fiscal Year 2019-2020. Highlights of the State Budget may be found online HERE.

H.4001–Capital Reserve Fund: A bill to appropriate monies from the Capital Reserve Fund for FY18-19 and allow unexpended funds appropriated to be carried forward to succeeding fiscal years and expended for the same purposes.

H.4287 – Public Service Authority (Santee Cooper): A joint resolution to provide the Department of Administration shall establish a process to conduct a competitive bidding process for the sale of some or all of the Public Service Authority (“Santee Cooper”) and receive management proposals that do not involve a sale but design to improve efficiency and cost-effectiveness of Santee Cooper’s electric operations. The process shall not be limited to individuals or entities that responded to the ICF Request for Expressions of Interest. Santee Cooper shall also submit a proposal as an alternative to a sale or management proposal, setting plans to reform, restructure and change operation. Nothing precludes the department from negotiation with entities to improve the proposal. The department shall procure professional services necessary; the services must not be an entity with whom the House of Representatives, Senate or Governor has previously engaged relating to Santee Cooper. The department shall designate a third party to administer the procurement and dissemination of information from Santee Cooper to third party bidders in order to ensure consistency, proper characterization and accuracy of information provided. The department shall conduct a thorough evaluation off all bids (Section 2), management proposals (Section 3), reform (Section 4), under strict parameters of evaluation included within. The department shall establish a process in which its professional services experts conduct confidential negotiations between Central Electric Power Cooperative, Inc. and each entity that submitted a bid or proposal after all have been submitted. The department shall require that negotiations operate in good faith, and other like requirements. Information received during the process and ensuing negotiations shall be confidential and handled with sufficient care to prevent disclosure and must not be released without written permission of the entity whose bid or proposal was recommended. The department shall require non-disclosure agreements which must be entered into by each individual or entity involved. At the conclusion, the department shall concurrently present a recommendation by its professional service experts of one bid for sale, one management proposal that consider to be in the best interest of the State, taxpayers and customers of Santee Cooper, as well as the recommendation of Santee Cooper’s proposal. Each must include justifications, contract with full terms, and supporting documents. The proposed contracts must include covenants that the bidder will abide by the terms of its bid for sale or its proposal. The department must enter into a contract with each entity that establishes penalties for failure to proceed with the terms in the event the bid or proposal is selected by the General Assembly. The contract must include, but is not limited to, earnest money to be paid upon a recommendation of that entity is being made to the General Assembly and penalties for failure to finalize the terms of bid or proposal upon selection by the General Assembly. The department shall present to the Chairman of Senate Finance Committee, Chairman of the House of Representatives Ways and Means Committee the documents by January 15, 2020, and may extend an additional 60 days if needed. The President of the Senate and the Speaker of the House shall convene their respective bodies to consider any legislation to effectuate the sale, management proposal, or reform, restructure and changes in operation of Santee Cooper. In the event of an approved sale, the net proceeds shall be deposited in the State Retirement Systems Group Trust. In the event the General Assembly approves a management proposal, the department must execute and documents necessary to effectuate the proposal. If any section, subsection, paragraph, et al. be held unconstitutional or invalid, the remaining portions of the act shall be held if the General Assembly would have approved the remaining portions of the act.  ​

For more questions on the above bills or additional legislation being considered by the Senate, please reach out! WE WANT TO HEAR FROM YOU. 

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This Week Under The Dome

 LEGISLATIVE UPDATE : May 6-10, 2019

The Senate adjourned the 2019 regular session, what is called “Sine Die.” Legislation not passed by the Thursday Sine Die deadline will not receive floor debate or a vote of the Senate until regular session resumes in January, 2020. The Senate will continue to meet in the summer and fall on the state budget, and legislation in special committees and gubernatorial vetoes.),  

Third Reading and Sent to the House

H.3659 – Renewable Energy Program: A bill to establish a voluntary renewable energy program. The Public Service Commission would establish each electrical utility’s avoided cost rates, avoided cost methodologies, standard offer power purchase agreements and other terms or conditions which must be in the best interests of all customers and consistent with PURPA and other regulations. The bill would establish standards for power purchase agreements. Electrical utilities shall offer to enter into a fixed price power agreement with small power producers for the purchase of energy and capacity at avoided costs. The PSC could utilize 3rd party consltants to carry out its duties concerning a voluntary renewable energy program. The program must include participation of customers to select a facility and negotiate with supplier; equal duration of contract; reimbursement for the amount paid by the utility; and ability to bundle demand under one agreement. Additionally, provisions include community solar programs, rate options for the PSC, energy storage, net metering, reporting requirements, renewable energy study, interconnection standards, review of standards and consumer protection regulations. The full text of the bill is available here: H.3659. The bill has been signed into law by the governor.

H.4380 – Ridesharing Safety: A bill to update provisions relating to ridesharing applications, safety and inspections of Transportation Network Company (TNC) vehicles. A TNC vehicle must include an illuminated TNC provided sign displaying the company’s proprietary trademark or logo that is patently visible so as to be seen in the darkness. All TNC dress and signage must be returned to the TNC when a driver ceases to be employed by or work for the TNC. A TNC that does not receive back signage shall report the name of the driver to the Office of Regulatory Staff. A person who misrepresents himself as an authorized TNC driver is guilty of a misdemeanor and shall be fined not more than five hundred dollars, imprisoned not more than thirty days or both. Additionally, a person who knowingly engages in the use of a TNC trade dress of application in the furtherance of a criminal activity is guilty of a misdemeanor and shall be fined not more than one thousand dollars, imprisoned not more than three years or both. The bill has been signed into law by the governor.

H.4004 – POST Act: A bill to enact the “Physician’s Orders for Scope of Treatment (POST) Act.” The South Carolina Department of Health and Environmental Control must administer, create access and manage improvements to the POST form, develop process to identify patients utilizing POST and other advance directives, develop educational efforts for public and health care professionals and promulgate necessary regulations. The POST form must be a uniform document based on the standards recommended by the National Physical Order for Life-Sustaining Treatment (POLST) paradigm and must include certain criteria. A POST may be revoked at any time by an oral or written statement by the patient or patient’s legal representative. The bill has been assigned to a conference committee of the Senate and House.

H.4243 –Professional Sports Teams Credits: A bill to define and include ‘professional sports team’ to taxpayers eligible for the new job tax credit. Additionally, increases the amount of initial job credit from eight thousand dollars to twenty-five thousand dollars for Tier IV counties, and from four thousand dollars to twenty thousand dollars for jobs created in Tier III counties. The provisions relating to ‘professional sports team’ shall sunset by July 1, 2022. The bill has been assigned to a conference committee of the Senate and House.

S.3728 – Prescription Monitoring Program: A bill to require hospital emergency department physicians and pharmacist to submit certain information to the Department of Health and Environmental Control for inclusion in the prescription monitoring program when a person is administered an opioid antidote for an opioid overdose. The health care facility shall report within 30 days of discharge electronically or by facsimile. DHEC shall cross reference individuals with the prescription monitoring program. First responders additionally shall report within 30 days of administration, the Bureau of EMS shall submit report to the Bureau of Drug Control, cross reference individuals, review by practitioner or authorized delegate and maintain data on antidote administrations. Under the bill, opioid antidotes to controlled substances are added to the monitoring program. The bill has been signed into law by the governor.

H.3137 –Local Government Fund: A bill to amend the State Aid to Subdivisions Act, the Local Government Fund, to establish a process of distribution of funds. The bill deletes the provision relating to mid-year cuts. The revenues to the local government will be adjusted proportionally to the same projected percentage change, but not to exceed five percent. The base is re-benchmarked at the current level of funding and then grows as the general fund grows. The bill has been assigned to a conference committee of the Senate and House.

H.3035 – Election Managers: A bill to provide that all clerks appoint from election managers and chairmen of the board managers must be residents and registered electors of the respective counties in which they are appointed to work or in an adjoining county. The bill has been signed into law by the governor.

H.3036 – Neonatal Testing: A bill to add to the required Neonatal testing to include three diseases: Krabbe Disease, Pompe Disease, Hurler Syndrome. The department shall require additional lysosomal storage disorders to be tested at the recommendation of the Newborn Screening Advisory Committee. Additionally, establishes the Newborn Screening Advisory Committee to review the feasibility and advisability of including additional metabolic, genetic and congenital disorders in the neonatal testing. The bill has been signed into law by the governor.

H.3145 – Office of Regulatory Staff Authority: A bill to provide that the Office of Regulatory Staff is vested with the authority and jurisdiction to conduct audits of electric cooperatives in the same manner, terms and conditions authorized to conduct audits of regulated public utilities, and establish requirements for notice of special meetings and cooperative trustee elections. The bill has been signed into law by the governor.

H.3174 – Electric-Assist Bicycles: A bill to define “electric-assist bicycles’ and ‘bicycles with helper-motors.’ Manufacturers and distributors of e-assist bicycles shall apply a label permanently affixed to each e-assist bicycle indicating its wattage and maximum electrically assisted speed. If the wattage is modified or changed, a new label must be affixed stating the new wattage and maximum electrically assisted speed. For purposes of the section, e-assist bicycles or bicycles with helper motors and not mopeds.

H.3357 – Deaf or Hard of Hearing Registration: A bill to provide that the Department of Motor Vehicles may add a notation to a private passenger motor vehicle registration to indicate that the driver may be deaf or hard of hearing. Application must include a certificate from a licensed physician or licensed audiologist that certifies that the applicant has a permanent, uncorrectable hearing loss of forty decibels or more in one or both ears. The notation would only appear when a law enforcement check is run on the vehicle’s license plate to alert the officer that the driver may be deaf or hard of hearing. The bill has been sent to the House for further consideration.

H.3383 –State Forest Land Revenues: A bill to exclude proceeds from land rentals and wildlife management area payments from the proceeds of state forest land revenues to be shared with counties. The State Treasurer must pay to a county containing state forest lands an amount equal to twenty-five percent of the gross proceeds received by the state, except for the gross proceeds from land rentals. The bill has been signed into law by the governor.

H.3586 – 911 Communications Center: A bill to update terms and definitions regarding the Public Safety Communications Center that pertain to a 911 system. The Revenue and Fiscal Affairs Office shall be responsible for creating, updating and implementing a comprehensive strategic plan to address changing technology, services and operating efficiency and effectiveness. The bill provides standards that must be implement by the legacy 911 or NG9-1-1 systems. The local government must provide the RFA Office a copy of the audited report regarding compliance within sixty days of the completion of the audit. The bill has been signed into law by the governor.

H.3601– Public Disorderly Conduct: A bill to allow procedures for conditional discharge for first time offenders relating to public disorderly conduct. The court without entering a judgment of guilty and with the consent of the accused may defer further proceedings and be placed on probation with terms and conditions. A nonpublic record must be forwarded and retained by SLED solely for the purpose of use by the courts in determining whether a person has committed a subsequent offense. Upon dismissal and discharge, the person may apply to the court for an order of expungement A fee of $150 must be paid before a person may be discharged and proceedings dismissed, in which the funds shall be transmitted to the Prosecution Coordination Commission. The bill has been assigned to a conference committee of the Senate and House.

H.3602 – Health Care Decisions: A bill relating to the persons who may make health care decisions for a patient who is unable to consent, to add a person who has an established relationship with the patient, acting in good faith and who can reliably convey the patient’s wishes but is not a paid caregiver or provider of health care services to the patient. The person must sign and date a notarized acknowledgement form provided by the hospital or other facility where the patient is located. The bill has been assigned to a conference committee of the Senate and House.

H.3621 –Athletic Trainers: A bill to change the definition of “athletic trainer” and to revise the required examination, and impose penalties for violation of the act. In addition to other requirements, an athletic trainer means an allied health professional with specific qualifications. To add industries in which a person is engaged as an athletic trainer if the person is employed on a salary or contractual basis by: a physician’s office, an industry, performing arts group, the military, a governmental agency or a bona fide organization which employs or serves a physically active population. The department is authorized to suspend, deny or revoke an athletic trainer’s certification and impose a civil monetary penalty, against any person for violation of a regulation promulgated to this chapter. The bill has been signed into law by the governor.

H.3662 –Code of Laws: A bill to provide for the preparation and publication of the revised volumes of the Code of Laws.  The bill has been signed into law by the governor.

H.3703 –Board of Physical Therapy Examiners: A bill to increase the amount of times an applicant may take the examination, upon failure, from three times to six times. If the applicant fails the examination for a fifth time, the applicant must take courses the board may require and furnish evidence of completing these courses before taking the examination for the sixth time. The bill has been signed into law by the governor.

H.3754 – Timeshare Instrument A bill to define the term “timeshare instrument” as it relates to vacation time sharing plans and add related provisions. The bill adds an Article ‘Vacation Time-sharing Plan Extension and Termination Act’ to establish requirements in executing a contract related to vacation time shares, including voting interests, use of a timeshare instrument, notice of termination, actions for damage and more. The bill has been signed into law by the governor.

H.3760 – Joint Underwriting Association: A bill to combine the Joint Underwriting Association and the Patients’ Compensation Fund into one single market of last resort. An assessment of 2-6% will be applied on malpractice policies, 1% of which must be passed through directly, and the remainder of which can be recouped through premiums if insurers choose to do so and the Director approves. The Board will set the assessment level annually, and the funds will be split between the debts of the entities. The bill requires two declinations to cover a new policyholder and premium surcharge that will cap out at 10% and will incentive those who can find insurance in the private market. The Board will be reconfigured to balance health care providers and medical malpractice insurers – adding two consumer seats and the Department of Insurance Director will chair. The bill has been signed into law by the governor.

H.3785: Board of Accountancy: A bill to update requirements of the Board of Accountancy to remove obsolete language relating to conditional technology implementation and conform to other elements of the Code. The Board must complete same number of hours of continuing education as licensed certified public accountants: six hours in ethics, two in board-approved South Carolina Accountancy Rules and Regulations. The bill deletes old language that provides investigations, inquires, and proceedings are confidential; new language provides all evidence, including records of hearing panel, must be made part of the record and open to the public unless necessary to protect confidential information and/or necessary to protect confidential information by a client or their representative.  The bill has been signed into law by the governor.

H.3789 – Driver’s Licenses: A bill to expand options to prove veteran’s status, raises validity period for certain types of licenses and ID cards, allows the Department of Motor Vehicles to charge differing amounts for licenses depending on the validity periods. Members of the Armed Services and their dependents DL validity is extended from 4 years to 8 years. Veteran’s status extends to both national guardsmen and members of the reserve components who qualify. Establishes two options for commercial driver’s license: HAZMAT endorsement valid for 5 years upon individual which passes TSA threat assessment or without HAZMAT endorsement valid for 8 years, and additional conforming changes. the bill has been assigned to a conference committee of the Senate and House.

H.3821 – Advanced Practice Registered Nurses: A bill to enact the “Advanced Practice Registered Nurse Act” to provide that APRNs may certify the manner and cause of death pursuant to the provisions of the State Code of Laws. APRNs may have prescriptive authority on Schedule II narcotics for patients in long-term care facilities, all other restrictions of law remain the same. The bill has been assigned to a conference committee of Senate and House.

H.3973– FGMF: A bill to provide it is unlawful for a person to knowingly mutilate, attempt to mutilate, or facilitate the mutilation of a female who is under the age of eighteen years of age or who is unable to consent. A person who violates is guilty of a felony and upon conviction must be fined not more than twenty thousand dollars or imprisoned not more than twenty years or both. The bill has been signed into law by the governor.

H.3916 –Failure to Register Motor Vehicle: A bill to increase the penalties for a person who fails to register a motor vehicle from one hundred dollars to five hundred dollars; or imprisonment for a period not to exceed thirty days or both.  The bill has been signed into law by the governor.

H.3986 –Palmetto ABLE Savings: A bill to rename the “South Carolina ABLE Savings Program” the “South Carolina Stable Account Program,” and make conforming changes. The bill has been assigned to a conference committee of the Senate and House

H.4010 – Heritage Trust Program: A bill to remove the maximum acreage limitation under the Heritage Trust Program, deleting that not more than one hundred fifty thousand acres total of real property shall be acquired in fee under the provisions. The bill has been signed into law by the governor.

H.4011 – Water Resource Planning: A bill relating to the Department of Natural Resources Duties in regards to the water resources planning and coordination to make changes to reflect the duties of the Department. Inclusions added to the responsibilities for the Department to consider: studies on saltwater intrusion into groundwater and surface water, and measures to protect the state’s fisheries and other aquatic resources. The bill has been signed into law by the governor.

H.4012 – Land, Water and Conservation Division: A bill to redefine references in statute of Land Resources and Conversations Districts Division to the “Land, Water, and Conservation Division” to make conforming changes. To additionally delete the requirements of the Department to transmit to the Governor certain requirements and forms.  The bill has been signed into law by the governor.

H.4013 – State Geological Survey Unit: A bill to change certain requirements for the state geologist, powers and duties of the state geologist. The person must be hired by the Director of the Department of Natural Resources and have at least eight years of practical work experience, academic, governmental, or industrial in geology. The unit shall make surface and subsurface data available to governmental agencies, private business, and the public by disseminating published geological information as bulletins, maps, economic reports, and related series and open file reports. When appropriate, the unit shall provide unsolicited advice to the other state and governmental agencies concerning geologic hazards including but not limited to earthquakes, ground liquefaction, sinkhole development and collapse, landslide development, and coastal vulnerability. The bill has been signed into law by the governor.

H.4020 – PRT Duties: A bill to add to the powers and duties of the Department of Parks, Recreation and Tourism to provide the department must promote economic diversity in all areas of the State by extending to them the full benefits of tourism and recreational development; and to coordinate and act as a liaison with regional tourism organizations, local chambers of commerce and development agencies. Additionally, repeals Article 3 of Chapter 1, Title 51 of the 1976 Code, the Division of Community Development. The bill has been signed into law by the governor.

H.4133 –Community Development Tax Credits: A bill to allow a tax credit of fifty percent of any cash donation to a community develop corporation or community development financial institution, delete an aggregate credit provision and set an annual limit. The provision allows financial institutions with tax liabilities to invest in community development corporations for the purpose of receiving a tax credit. The provisions of the South Carolina Community Economic Development Act are extended until June 30, 2030. The bill has been signed into law by the governor.

H.4239 – Trawling Restrictions: A bill to provide that a certain area is closed to trawling from May 1 through September 15, and remove that area is closed to trawling year round. The bill has been signed into law by the governor.

H.4244 – Road Hazards: A bill to redefine. A ‘service contract’ includes a contract or agreement for a separately stated consideration to perform one or more services: repair or replacement of tires and wheels on a motor vehicle damaged as a result of coming into contact with road hazards; removal or dents, dings or creases that can be repaired using paintless dent removal; replacement of a key or key fob in the event that it becomes inoperable, lost or stolen; and other services consist with the chapter approved by the director. A ‘road hazard’ means a hazard that is encountered while driving a motor vehicle including, but not limited to, potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps. Additionally, it establishes ‘theft protection program’ and ‘theft protection program warranty.’ The bill has been sent to the House for further consideration.

H.4245 – Misrepresentation of Meat: A bill to provide that it is unlawful for a person to engage in any misleading or deceptive practices, labeling, or misrepresenting a product as “meat” or “clean meat” that is cell-cultured meat/protein, or not derived from harvested production livestock, poultry, fish or crustaceans. A person who violates is guilty of a misdemeanor, and upon conviction, must be imprisoned not more than one year, or fined not more than one thousand dollars or both. The bill has been signed into law by the governor.

Given Second Reading

H.3079 –Trespass Notice: A bill to allow a different method of posting notice of trespassing. An owner may accomplish requirement of posting trespass by marking boundaries with a clearly visible purple-painted marking, with size requirements. These marks must be affixed to immovable, permanent objects including, but not limited to, trees and fence posts. When any owner or tenant shall post a notice in this manner, it shall be deemed conclusive against the person making entry for purpose of trespassing.

H.3576 –SC Wins: A bill to establish an additional SC Workforce Industry scholarship equal to the cost of tuition and mandatory fees after applying all other scholarships or grants not to exceed $2500 per year for no more than 3 years if enrolled in an associate degree program and no more than 2 years if enrolled in a diploma or certificate program. The SCWP would be available to students who are receiving the Lottery Tuition Assistance Program Scholarship (LTAP) and who are majoring in a critical workforce area program or students who are receiving LTAP and meet the USDA income eligibility requirements for meals regardless of major. A student, during their freshman year, must be enrolled in at least six credit hours of instruction each semester, including three hours in one of the critical workforce areas. The financial need based recipient must be enrolled in six credit hours of instruction for the purpose of meeting the required minimum level of instruction in the student’s major courses.

H.3755 – Automobile Coverage: A bill to update definitions, remove certain requirements for renewal of an automobile coverage policy and define the term “reduction in coverage.” The requirement for renewal policy to provide types and limits of coverage at least equal to those contained in the policy or being superseded is deleted. ‘Reduction in coverage’ means a change by the insurer which results in a removal of coverage, diminution in scope of less coverage or the addition of an exclusion. Reduction in coverage does not include any change, reduction or elimination of coverage made at the request of the insured. Notice of Reduction in Coverage does not amend, extend or alter coverage provided in a policy.

 

For more questions on the above bills or additional legislation being considered by the Senate, please reach out! WE WANT TO HEAR FROM YOU. 

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This Week Under The Dome

 LEGISLATIVE UPDATE : April 29 – May 3, 2019

This week the Senate set S.678 (H.4287), dealing with the future of the Public Service Authority “Santee Cooper,” for priority special order status. Priority masthead status places the bill first up on the Senate calendar, ahead of all other bills. After two weeks of floor debate, the bill received consensus among the Senate in how to best move forward. The bill, H.4287, will now be returned to the House with the Senate amendments for further consideration. One week remains in the first regular session of the legislative year. The Senate will Sine Die Thursday, May 9, 2019.

On The Floor:

PUBLIC SERVICE AUTHORITY (SANTEE COOPER) —  The Senate passed this week a joint resolution to provide the Department of Administration shall establish a process to conduct a competitive bidding process for the sale of some or all of the Public Service Authority (“Santee Cooper”) and receive management proposals that do not involve a sale but design to improve efficiency and cost-effectiveness of Santee Cooper’s electric operations. The process shall not be limited to individuals or entities that responded to the ICF Request for Expressions of Interest. Santee Cooper shall also submit a proposal as an alternative to a sale or management proposal, setting plans to reform, restructure and change operation. Nothing precludes the department from negotiation with entities to improve the proposal. The department shall procure professional services necessary; the services must not be an entity with whom the House of Representatives, Senate or Governor has previously engaged relating to Santee Cooper. The department shall conduct a thorough evaluation off all bids (Section 2), management proposals (Section 3), reform (Section 4), under strict parameters of evaluation included within. The department shall establish a process in which its professional services experts conduct confidential negotiations between Central Electric Power Cooperative, Inc. and each entity that submitted a bid or proposal after all have been submitted. The department shall require that negotiations operate in good faith, and other like requirements. The Office of Regulatory Staff shall provide commentary as to the impact on the retail customer for each bid and proposal and submit to the department and professional service experts – and must be considered by the General Assembly. Information received during the process and ensuing negotiations shall be confidential and handled with sufficient care to prevent disclosure and must not be released without written permission of the entity whose bid or proposal was recommended. The department shall require non-disclosure agreements which must be entered into by each individual or entity involved. At the conclusion, the department shall concurrently present a recommendation by its professional service experts of one bid for sale, one management proposal that consider to be in the best interest of the State, taxpayers and customers of Santee Cooper, as well as the recommendation of Santee Cooper’s proposal. Each must include justifications, contract with full terms, and supporting documents. The proposed contracts must include covenants that the bidder will abide by the terms of its bid for sale or its proposal. The department must enter into a contract with each entity that establishes penalties for failure to proceed with the terms in the event the bid or proposal is selected by the General Assembly. The contract must include, but is not limited to, earnest money to be paid upon a recommendation of that entity is being made to the General Assembly and penalties for failure to finalize the terms of bid or proposal upon selection by the General Assembly. The department shall present to the Chairman of Senate Finance Committee, Chairman of the House of Representatives Ways and Means Committee the documents. The President of the Senate and the Speaker of the House shall convene their respective bodies to consider any legislation to effectuate the sale, management proposal, or reform, restructure and changes in operation of Santee Cooper. In the event of an approved sale, the net proceeds shall be deposited in the State Retirement Systems Group Trust. In the event the General Assembly approves a management proposal, the department must execute and documents necessary to effectuate the proposal. If any section, subsection, paragraph, et al. be held unconstitutional or invalid, the remaining portions of the act shall be held if the General Assembly would have approved the remaining portions of the act. The bill returns to the House for further consideration.

HOUSING AUTHORITY STATE OF EMERGENCY — Senate Bill 506 provides that a county legislative delegation may adopt a resolution declaring that there exists a state of emergency with regard to a municipal housing authority that if convincing evidence or action or failure to act in which residents are subjected to unreasonably hazardous conditions or being subjected to conditions that led to the death or one or more residents, the commissioners are immediately suspended from office for ninety days. During this period of suspension, the mayor, or the mayor’s designee, shall exercise the powers and duties of the housing authority. Concurrently, the council of the municipality shall conduct an independent investigation into the circumstances under which the state of emergency was declared. Commissioners shall have the right to be heard in person or by counsel during the mayor’s investigation. If the council determines the authority took action or failed to take action meeting the conditions, the commissioners are immediately removed from office and the council shall appoint new commissioners. The bill now heads to the House for further consideration.

ENDOWMENT FUND S.613 — Senate Bill 613 creates a Development Office for the School of Science and Mathematics endowment fund. The fund must adopt an annual operations and capital budget. The fund budget and its fundraising goals must exclusively be based on the operation and capital goals of the school as provided to the foundation by the Executive Director and the head of the school. The fund shall not accept any donations that are restricted in their use unless the proposed restriction is approved by the board prior to its acceptance and unless the funds are being used for a purpose that is needed by the school. The bill now heads to the House for further consideration.

In Committee:

Senate Judiciary Committee:

H.3586 – 911 Communications Center: A bill to update terms and definitions regarding the Public Safety Communications Center that pertain to a 911 system. The Revenue and Fiscal Affairs Office shall be responsible for creating, updating and implementing a comprehensive strategic plan to address changing technology, services and operating efficiency and effectiveness. The bill provides standards that must be implement by the legacy 911 or NG9-1-1 systems. The local government must provide the RFA Office a copy of the audited report regarding compliance within sixty days of the completion of the audit.

H.3754 – Timeshare Instrument A bill to define the term “timeshare instrument” as it relates to vacation time sharing plans and add related provisions. The bill adds an Article ‘Vacation Time-sharing Plan Extension and Termination Act’ to establish requirements in executing a contract related to vacation time shares, including voting interests, use of a timeshare instrument, notice of termination, actions for damage and more

Senate Finance Committee:

H.4413 – Continuing Authority FY ’19-20: A joint resolution to enact continuing authority to pay recurring expenses of state government under the effective date for appropriations made for Fiscal Year 2019-2020.

Senate Labor, Commerce and Industry Committee:

H.3785: Board of Accountancy: A bill to update requirements of the Board of Accountancy to remove obsolete language relating to conditional technology implementation and conform to other elements of the Code. The Board must complete same number of hours of continuing education as licensed certified public accountants: six hours in ethics, two in board-approved South Carolina Accountancy Rules and Regulations. The bill deletes old language that provides investigations, inquires, and proceedings are confidential; new language provides all evidence, including records of hearing panel, must be made part of the record and open to the public unless necessary to protect confidential information and/or necessary to protect confidential information by a client or their representative.

Senate Banking and Insurance Committee:

H.3755 – Automobile Coverage: A bill to update definitions, remove certain requirements for renewal of an automobile coverage policy and define the term “reduction in coverage.” The requirement for renewal policy to provide types and limits of coverage at least equal to those contained in the policy or being superseded is deleted. ‘Reduction in coverage’ means a change by the insurer which results in a removal of coverage, diminution in scope of less coverage or the addition of an exclusion. Reduction in coverage does not include any change, reduction or elimination of coverage made at the request of the insured. Notice of Reduction in Coverage does not amend, extend or alter coverage provided in a policy.

H.3760 – Joint Underwriting Association: A bill to combine the Joint Underwriting Association and the Patients’ Compensation Fund into one single market of last resort. An assessment of 2-6% will be applied on malpractice policies, 1% of which must be passed through directly, and the remainder of which can be recouped through premiums if insurers choose to do so and the Director approves. The Board will set the assessment level annually, and the funds will be split between the debts of the entities. The bill requires two declinations to cover a new policyholder and premium surcharge that will cap out at 10% and will incentivize those who can find insurance in the private market. The Board will be reconfigured to balance health care providers and medical malpractice insurers – adding two consumer seats and the Department of Insurance Director will chair.

H.4244 – Road Hazards: A bill to redefine. A ‘service contract’ includes a contract or agreement for a separately stated consideration to perform one or more services: repair or replacement of tires and wheels on a motor vehicle damaged as a result of coming into contact with road hazards; removal or dents, dings or creases that can be repaired using paintless dent removal; replacement of a key or key fob in the event that it becomes inoperable, lost or stolen; and other services consist with the chapter approved by the director. A ‘road hazard’ means a hazard that is encountered while driving a motor vehicle including, but not limited to, potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps. Additionally, it establishes ‘theft protection program’ and ‘theft protection program warranty.’

Senate Fish, Game and Forestry Committee:

S.3383 – Land Rentals: A bill to provide that proceeds from land rentals and Wildlife Management Area payments are excluded from provisions of 48-23-260 which states the State Treasurer shall pay to any count containing state forest lands and amount equal to twenty-five percent of the gross proceeds received by the State in each fiscal year from the sale of timber, pulpwood, poles, gravel and other privileges on state forest lands in any county, and other related provisions.

H.4010 – Heritage Trust Program: A bill to remove the maximum acreage limitation under the Heritage Trust Program, deleting that not more than one hundred fifty thousand acres total of real property shall be acquired in fee under the provisions.

H.4019 – Hunting Island: A bill to remove references to residential areas, pledge revenues, mortgage or deed, and trustee duties for Hunting Island. The bill repeals 51-7-20 which relates to the lease of residential areas and covenants in lease for Hunting Island.

H.4020 – PRT Duties: A bill to add to the powers and duties of the Department of Parks, Recreation and Tourism to provide the department must promote economic diversity in all areas of the State by extending to them the full benefits of tourism and recreational development; and to coordinate and act as a liaison with regional tourism organizations, local chambers of commerce and development agencies. Additionally, repeals Article 3 of Chapter 1, Title 51 of the 1976 Code, the Division of Community Development.

H.4021 – State Parks Activities: A bill to remove the prohibition of swimming and rental or use of park cabins at state parks.

H.4239 – Trawling Restrictions: A bill to provide that a certain area is closed to trawling from May 1 through September 15, and remove that area is closed to trawling year round.

Senate Medical Affairs Committee:

S.3728 – Prescription Monitoring Program: A bill to require hospital emergency department physicians and pharmacist to submit certain information to the Department of Health and Environmental Control for inclusion in the prescription monitoring program when a person is administered an opioid antidote for an opioid overdose. The health care facility shall report within 30 days of discharge electronically or by facsimile. DHEC shall cross reference individuals with the prescription monitoring program. First responders additionally shall report within 30 days of administration, the Bureau of EMS shall submit report to the Bureau of Drug Control, cross reference individuals, review by practitioner or authorized delegate and maintain data on antidote administrations. Under the bill, opioid antidotes to controlled substances are added to the monitoring program.

H.4119 – Heritage Trust Program: A bill to remove the maximum acreage limitation under the Heritage Trust Program, deleting that not more than one hundred fifty thousand acres total of real property shall be acquired in fee under the provisions.

For more questions on the above bills or additional legislation being considered by the Senate, please reach out! WE WANT TO HEAR FROM YOU. 

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This Week Under The Dome : Budget Edition

 LEGISLATIVE UPDATE : April 15-19, 2019

The South Carolina Senate this week passed, by a 38-6 vote, H.4000 the General Appropriations Bill, the State Budget for FY 19-20. The balanced, focused, responsible $8.9 billion state budget addresses a number of the state’s most critical needs including substantial new investments in state education and educators, providing for state employees, law enforcement, mental health services, capital improvements and giving back to the taxpayer in the form of an income tax rebate, and more. Included herein is nearly a few highlights resulting out of budget deliberations. The full version of H.4000 is available online here.  The Senate’s version of the budget will now go back to the House for further consideration.

FY19-20 Budget Inclusions

Education:

  • Increase the starting salary of teachers in South Carolina from $32,000 to $35,000.
  • Providing a 4% pay increase to all teachers in South Carolina with no local match required from the districts; starting teachers receive additional increase.
  • Added $15 million to the Base Student Cost.
  • Allocation of $65 million for school district capital improvements.
  • $10 million to provide 120 more School Resource Officers (SROs) to districts that can least afford them.
  • Direction to the Law Enforcement Training Council to develop a training plan for SROs that focuses on how to provide frontline defense of school children. The plan shall include, but not be limited to, student vs. student, student vs. teacher conflicts and the evolving active killer risks, as well as the de-escalation and defensive tactics.
  • Lottery expenditures of $19.3 million for school bus purchases and #20 million for needed instructional materials.
  • $42 million in new recurring dollars for colleges, universities and technical schools to mitigate tuition increases for In-State students, making receiving a college degree more obtainable.
  • $119 million of the Capital Reserve Fund for colleges and universities to address much needed deferred maintenance and renovations to existing buildings across college campuses.
  • A total $317 million to fully funds our state’s “Merit Scholarship” — Palmetto, LIFE, and HOPE.
  • The State Tech Board received $19.2 million for Ready SC to support recruitment and training for industries investing in South Carolina including Boeing, BMW, Mercedes Benz, Samsung and Volvo.
  • Directive that no funds appropriated to the public colleges or universities may be used to purchase fetal remains from an option for research or experimentation, or the acceptance of donated fetal remains.
  • From the funds appropriated to the State Department of Education, the Department shall develop a one-half credit virtual course in personal finance. The course must be fully developed by June 30, 2020.

Health and Human Services:

  • Continued commitment to current level of services for Medicaid Maintenance of Effort
  • Funds to cover the decrease in the federal match rate for the Children’s Health Insurance Program; eligibility limit also increased to make South Carolina level with Southeastern average, providing 22,000 more children with access to coverage.
  • 2% across-the-board pay increase for state employees; a $41 million raise.
  • 100% fund coverage of state funded employees and school district employees’ share of health and dental insurance increases, resulting in no increase in monthly premium costs.
  • $32 million in General Funds and $4 million in EIA to fund employer cost of increase of contribution rates for retirement systems that is a multi-year phase-in to reduce unfunded liability.
  • Recurring funding to establish 12 respite/triage beds at regional centers for individuals at home who are in need of intense respite intervention.
  • Increased funding for school based mental health services with the intent of having mental health professionals in every school by 2020.
  • Additional funds for rental assistance in supported apartments and for transitioning parties into independent living.
  • Covered the balance of decreased Federal Funds for the Prescription Monitoring Program which provides healthcare providers a decision-making tool for controlled substance prescriptions and use of the Program tied to a reduction in opioid prescriptions.
  • Additional staff to further assist small water and sewer systems as handled by the successful Office of Rural Water program.
  • Strong investments in children welfare and support by providing funding for implementation of the Child Support Enforcement System, Child Welfare Information Systems to upgrade technology for in-the-field caseworkers, increase in foster care monthly rate payments including kinship care, and fully funding the request for Opioid Response and Addition Efforts for Infrastructure Improvements for the local 301 Provider System.
  • Directed the prohibition of state funds, directly or indirectly, from being utilized by Planned Parenthood for abortions, abortion services or procedures, or administrative functions related to abortions.
  • Provision allows the Department of Social Services to allow pro bono coverage for DSS volunteer attorneys.

Criminal Justice:

  • $7.8 million in recurring funding for pay increases for judges, solicitors and public defenders.
  • $814,413 recurring increase to support a law enforcement rank change for Class I and Class II Law Enforcement Personnel eligible for rank change in FY19-20.
  • Recurring and nonrecurring investment to implement the SC Critical Infrastructure Cybersecurity Program which creates a task force to help protect infrastructure in the state from cyber events.
  • $711,200 in recurring funds for master trooper/officer rank. Creates a reclassification career path for those officers and troopers who have served ten years or more but are not going into supervisory ranks.
  • $2.3 million for purchase of new vehicles and support a vehicle rotation system and $1 million for radio rotation.
  • $2 million moved from other funds to general funds to reduce agency’s reliance on fines and fees for critical infrastructure needs
  • $1.25 million in support of pay raise for mental health and medical positions applicable to nurses, doctors, dentists and other key medical personnel who serve the inmate population.
  • $10 million for critical detention services and equipment upgrades needed at institutions such as cell door locks, fire alarm system, and elevated control rooms.
  • $1 million for Correctional Officer and Community Specialist pay increases to increase the salaries for front-line institutional correctional officers in an effort to reduce overall shortages due to outside competition and nature of the dangerous work in a correctional setting; additionally $2.3 million in earned overtime pay for officers.

Natural Resources and Economic Development:

  • Designated funding for the Forestry Commission for employee recruitment and retention, and the conversion of open-cab dozers for safer enclosed-cab dozers.
  • Department of Agriculture funds for the Food and Consumer Safety Program and monies for laboratory equipment upgrades.
  • New funding to allow Department of Natural Resources to hire 10 new Law Enforcement Officers, meet Officer Step increases and conduct important activities for State Water Planning.
  • $12 million in non-recurring funds for capital improvements and deferred maintenance at state parks.
  • $8 million in new money to allow continued economic development efforts with closing funds and locate SC money. Commerce appropriated $50 million to allow them to focus efforts to improve the economy in those areas of the state with poorest school districts.
  • $8 million to the Ports Authority for the Jasper Ocean Terminal Port.
  • $25 million set-aside for grant program to assist famers who suffered devastating crop loses as a result of the flooding associated with Hurricanes Michael and Florence.
  • From the funds appropriated to the Department of Commerce, the Department must conduct a report on the accessibility of broadband and Internet services taking into georgic area of the state.
  • Directive that DHEC, local government entities and special purpose districts, may not approve a plan, permit, license application for the constitution of infrastructure or other activities for which the principal purpose is to facilitate the exploration, development or production of oil or gas from the territorial waters or South Carolina or in the Atlantic Ocean.

Constitutional:

  • Support for the Office of the Adjutant General including funding for the SC Post Challenge and SC Youth Challenge.
  • Additional funding for our state armories.
  • $1.5 million for Adjutant General for improved facilities and one time funding of $4 million as state match.
  • $1.5 million for the Office of the Attorney General to continue its work; also provided resources for Crime Victim Services and State Grand Jury.
  • Commitment to safe and secure elections with a $40 million allocation to a statewide voting system to be ready for implementation in the 2020 election cycle.
  • $5 million recurring and $23 million nonrecurring to the Department of Administration for capital improvements of the buildings in our state with desperate need.
  • $50 give back to every South Carolinian with an income tax liability.

Transportation Regulatory:

  • $8 million for rest areas of the state to begin the process of improving what visitors and residents of the state alike see when they travel South Carolina highways.
  • Crucial funding for our smaller airports in the state. $1 million for federal grants for infrastructure and improvements of the smaller airports.
  • New funding for a bilingual position at the Human Affairs Commission. This investigator will allow them to continue to assist businesses and individuals in the state and keep the federal government out of our affairs.
  • $3 million increase for the operating budget of the Department of Motor Vehicles to provide efficient and excellent customer service in the state and continued implementation of REAL ID.

Given Second Reading:

H.4001 – Capital Reserve Fund: To appropriate monies from the Capital Reserve Fund for Fiscal Year 2018-2019 and allow unexpended funds appropriated to be carried forward to succeeding fiscal years and expended for the same purposes. Ordered for third reading on the next legislative day.

Enrolled For Ratification:

H.3398 – Tucker Hipps Transparency Act: A bill to remove the sunset provision of the Tucker Hipps Transparency Act as established by Act 265 of 2016 to required public institutions of higher learning to maintain a report of factual findings of violations of the institution’s Conduct of Student Organizations by fraternity and sorority organizations formally affiliated with the institution.

For more questions on the General Appropriations Bill and additional legislation being considered by the Senate, please drop us a line! WE WANT TO HEAR FROM YOU. 

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