What's Happening at the Statehouse this Week

: By SC Policy Council; Published: 26 March 2019

This week, lawmakers in both chambers are considering a number of of bills involving Santee Cooper. Two bills (S.678 & H.4287) would inch the utility closer to a sale, although they take vastly different approaches. The Senate version would hand the process of selling Santee Cooper to the executive branch, directing the governor to execute a sale once a final offer has been received. Meanwhile, the House version keeps control of the process with the joint committee, which is comprised almost entirely of lawmakers.

Other bills would tighten lawmakers’ control over Santee Cooper. H.4261 would create a new oversight committee made up of ten legislators or their appointees (which would function similar to an existing advisory board already accountable to citizens), while H.4260 would impose a plethora of additional utility regulations, including conflict of interest provisions for utility regulators and Santee Cooper board members; increased legislative access to the Public Service Commission, etc.

A couple of bills would threaten civil liberties and privacy. One of these (S.480) would allow SLED to send fingerprints collected by state agencies (pursuant to occupational licensing, employment, etc.) to the FBI, where they would remain indefinitely and could be used in the future for undefined purposes. S.276 would allow individuals charged – not convicted – with threatening harm with a weapon to be forced into a mental health evaluation – and possibly mental health treatment. Each of these bills are scheduled for full committee, and if passed, will be sent to the Senate floor.

Legislation to give the Carolina Panthers tax incentives in exchange for relocating to South Carolina is now headed to the House and Senate floor. The companion bills H.4243 and S.655 would (among other things) extend the jobs tax credit to professional sports teams – and amend the definition of “new job” so that the team will qualify even if they do not hire any additional South Carolinians upon relocation.

Finally, the Joint Bond Review Committee is meeting Wednesday to hear from the SC Transportation Infrastructure Bank and the SC Department of Transportation regarding the I-526 extension. (livestream here)

For the full list of bills on the schedule and the special interests who are feeding lawmakers this week, see below.

House floor session

H.3789 – Amends drivers’ license fees, regulations, particularly for veterans
H.4243 – Tax credits for Panthers football team (SCPC analysis)
H.3307 – SLED must create tracking system, searchable website for confiscated property
H.3951 – Stricter requirements for becoming sheriff, including no conviction of a crime involving moral turpitude
H.3602 – Person with relationship with patient can make healthcare decisions on their behalf
H.3145 – Allows the ORS to audit electric cooperatives and imposes additional transparency requirements on boards and meetings, as well as additional regulations on how their elections may be conducted
H.3936 – Technical college students eligible for Palmetto Fellows scholarship
H.3807 – Prohibits minors from using tanning equipment
S.439 – Raises cap on port cargo tax credit, greater decision-making power for Coordinating Council for Economic Development

Senate floor session

S.162 – Failure to register vehicle is a misdemeanor
S.509 – Creates licensing requirement for non-franchise owned car dealerships that has to be renewed annually
S.109 – Imposes regulations on electric fences used in security systems
S.579 – Restricts car insurance hikes to one per six months
H.3732 – Mandatory ongoing education on controlled substances for veterinarians
S.38 – SLED must investigate officer-involved shootings
S.298 – Ties General Fund revenues to higher education funding, creates “enterprise divisions”
S.155 – Provides early release criteria for inmates who complete 65% of sentence
S.413 – Allows NCIS officers to carry firearms and enforce state laws
H.3420 – Prohibits minors from entering tobacco shops
S.203 – Provides criteria for school district consolidation
S.283 – Allows for creation of mini-governments (“enterprise divisions”) within public colleges and universities
H.3576 – Creates the SC Workforce Industry Needs Scholarship
S.401 – Entity undertaking transportation improvement project must bear costs of relocating water and sewer
S.530 – Overhauls the procurement code
S.621– Changes public notice requirements for local bonding process
S.647 – Tax credit for donating wild hogs
S.655 – Tax credits for Panthers’ football team (SCPC analysis)
H.3274 – Local government cannot regulate cigarettes, alternative nicotine products
H.4157 – Extends deadline for voter system proposals

Tuesday – 3/26/19

House committee meetings

Transportation subcommittee

H.3656 – DOT must adopt policy to accommodate pedestrians, cyclists along urban highways
H.3945 – Local government may pass law allowing golf carts equipped with headlights to operate at nighttime

Higher Education subcommittee

H.3577 – Educator preparation programs may submit alternative preparation program
S.35 – Mandatory U.S. Constitution instruction for colleges
H.3099 – Creating open discussion places on college campuses
H.3197 – Commission on Higher Education will regulate student loan servicers

Ways and Means subcommittee

S.214 – Collecting sales tax from online retailers (SCPC analysis)
H.4287– Allows legislative committee to manage and negotiate sale of Santee Cooper, bring final contract to the General Assembly for vote

Agriculture Committee

H.4152 – Polymer waste from gasification is not considered solid waste to DHEC
H.4245 – Unlawful to advertise lab grown protein as meat
H.4009 – Revises DNR, removes one board member position, weakens board’s ability to control DNR, directs funds to promote mariculture
H.4011 – Increases DNR’s responsibilities in dealing with the state’s water resources, including representing the state in interstate water issues, etc.
H.4012 – Deletes significant reporting requirements from DNR to the governor, including itemized expenditure requirements, balance of funds, etc.
H.4013 – Increases years of experience needed for State Geologist
H.4014 – DHEC is in charge of permits for development of geothermal resources

Ways and Means Committee

S.214 – Collecting sales tax from online retailers (SCPC analysis)
H.4287 – Allows legislative committee to manage and negotiate sale of Santee Cooper, bring final contract to the General Assembly for vote
H.4127 – Increases number of physicians that can participate in student loan repayment under Department of Aging, increases reimbursement amount
H.4008 – Repeals Heritage Trust Revenue Bonds
H.4010 – Deletes limitation on land that can be acquired under heritage trust program
H.3457 – Allows certain municipalities to impose a property tax (SCPC analysis)
H.3205 – Native American tribe no longer has to pay fee in lieu of taxes
H.3596 – Limits rollback taxes to one year
H.3778 – Raises cap on port cargo tax credit, greater decision-making power for Coordinating Council for Economic Development
H.3998 – Individual eligible for federal low-incoming housing tax credit may claim a state equivalent tax credit
H.4133 – Tax credit for making cash donation to certified community development corporation
H.3210 – Extends the Small Business Job Creation Act
H.4211 – Amends notice requirements for bond issuance
H.3351 – Allows the Department of Archives and History to sell duplicative material
H.3485 – Department of Archives and History must charge a fee related to contributions made by taxpayers
H.4017 – Changes objective of SC Film Commission
H.4018 – Deletes War Between the States Heritage Trust Fund from voluntary contributions list, diverts remaining funds to General Fund
H.4019 – Limits Department of Parks, Recreation and Tourism’s ability to secure debt funding
H.4020 – Eliminates Division of Community Development under DPRT, transfers powers to department
H.4021 – Expands power of DPRT, removes prohibition on swimming and park cabins

Judiciary Committee

H.3968 – Reforms the practice of civil asset forfeiture, places parameters on criminal asset forfeiture
H.3322 – Overhauls sentencing guidelines
H.3319 – Felons who have served sentence must be informed of voting rights
H.3737 – Adds two members to Richland-Lexington Airport District
H.3661 – Modifies municipality boundaries, clarifies “contiguous”

LCI Committee

H.3780 – Creates program to expand broadband to rural areas
H.4260 – Imposes additional qualifications for Santee Cooper board members, adds whistleblower protections for employees
H.4261 – Creates a new Santee Cooper oversight agency comprised of lawmakers, would operate similar to existing advisory board

Senate committee meetings

Judiciary Committee

S.534 – Stricter requirements for becoming sheriff, including no conviction of a crime involving moral turpitude
S.17 – Counties are responsible for certifying their coroners and sheriffs during elections
S.342 – New training and certification requirements for bartenders
S.480 – SLED may collect fingerprints from state agencies and submit them to the FBI, fingerprints would be stored and used for later purposes as needed
S.180 – Unlawful to operate drones near military bases
S.276 – Mental health exam for charge of threatening with dangerous weapon
S.640 – Creates “Judicial Criminal Information Technology Committee” and mandates faster court/police reporting
S.697 – Santee Cooper cannot be sold the governor or managed by a third party without advice and consent of the General Assembly

Family & Veterans’ Services Committee

S.291 – Creates the Department of Early Development and Education
S.680 – Regulation changes to childcare facilities including forcing them to carry liability insurance

Select Committee on Santee Cooper

Presentation by Central Electric Cooperative

Wednesday – 3/27/19

House committee meetings

Judiciary subcommittee

H.3090 – Conservation easement holders may contest property condemnation, includes process
H.4075 – Repeals requirement that Attorney General annually examine county officers, including sheriffs, clerks of court

Medical, Military, Public and Municipal Affairs subcommittee

H.3036 – Requires neonatal testing for certain disorders and diseases

Senate committee meetings

LCI subcommittee

S.649 – Real estate agents must get background check
S.481 – Transfers State Fire Marshal to Department of Labor, Licensing and Regulation

Judiciary subcommittee

S.636 – Medical records play role in determining workers’ compensation

Finance Committee

S.678 – Allows executive branch to manage and execute sale of Santee Cooper

Judiciary subcommittee

S.697 – Santee Cooper cannot be sold the governor or managed by a third party without advice and consent of the General Assembly

Family & Veterans’ Services Committee

S.595 – Background checks for employees of childcare facilities
S.601 – Background checks for employees of group homes

Education subcommittee

S.419 – K-12 education omnibus bill. Creates Zero to Twenty Committee, criteria for school district consolidation, more requirements for reading coaches

Education Committee

H.3398 – Permanently establishes Tucker Hipps Transparency Act
H.3929 – State Board of Education may waive makeup day requirement for schools

Joint Bond Review Committee

Presentations by SC Transportation Infrastructure Bank, SC Department of Transportation regarding I-526

Thursday – 3/28/19

Senate committee meetings

LCI Committee

S.649 – Real estate agents must get background check
S.481 – Transfers State Fire Marshal to Department of Labor, Licensing and Regulation
S.689 – Professional board may not deny license solely upon prior criminal conviction

Judiciary subcommittee

S.164 – Lifts certain regulations on breweries
S.165 – Offers additional permits for breweries under certain conditions
S.166 – Lifts several restrictions on brewery tours

Agriculture Committee

S.371 – Defers permitting process for certain recreational private docks to federal government
S.281 – Intentional misrepresentation of a service animal is a misdemeanor
S.369 – Allows for placement of shoreline perpendicular wingwalls
H.3700 – Allows for placement of shoreline perpendicular wingwalls
S.370 – Provides licensing exemption for navigable waters permits
H.3698 – exemption for recreational docks outside of critical area
H.3699 – DHEC to defer to federal government in determining recreational doc construction

Judiciary subcommittee

S.110 – Creates a new legislative guarantee for utility debt
S.332 – States that utility customers are entitled to certain renewable options, creates a new net metering program (customer-based solar generation), and require both investor-owned utilities and state-owned utility Santee Cooper to incorporate small renewable power companies into their rate-making proceedings
H.3659 – States that utility customers are entitled to certain renewable options, creates a new net metering program (customer-based solar generation), and requires utilities to incorporate small renewable power companies into their rate-making proceedings