Under the Dome – Legislative Report April 9 | 13 – 2021 Crossover Week

Under the Dome – Legislative Report April 9 | 13 – 2021

Crossover Week – Fast and Furious

This week was crossover week in the General Assembly, as the Senate and House of Representatives debated dozens of bills on the calendars in an attempt to achieve second and third reading before April 10th. Senate Finance budget subcommittees heard agency requests from the Department of Education, the newly formed Office of Resilience, the Department of Transportation and others in addition to proviso review to prepare for full Senate Finance Committee debate of the budget next week. Senate floor debate of the budget is scheduled for the week of April 26th.

Now that crossover is wrapped, committee work and floor debate will be focused on legislation trying to achieve passage by Sine Die adjournment of the General Assembly at 5:00pm on Thursday, May 13th. While no official dates have been confirmed, it is possible several special legislative sessions could be held to complete the FY 2021-22 state budget (fiscal year begins July 1, 2021) and to also allow the General Assembly to consider a supplemental budget bill authorizing state expenditures from the recently-passed federal American Rescue Plan.

Board of Economic Advisors – April 8th Revenue Forecast During the height of the pandemic in 2020, the General Assembly opted to not enact a 2020-21 state budget and instead allowed the state to operate under a Continuing Resolution utilizing the 2019-2020 state budget. As such, many priorities were put on hold as the General Assembly worked with the state Revenue and Fiscal Affairs Office, the Board of Economic Advisors (BEA) and the Executive Budget Office to ensure South Carolina remained fiscally strong through pandemic uncertainty before crafting a new state budget. When the House completed its version of the FY 2021-22 state budget in March, House Ways and Means Committee Chairman Murrell Smith (R, Sumter) termed it a “worst case scenario budget” and noted the House would return with “House II” later in the year once the May 17th tax filing deadline passed and the BEA was able to report a new revenue forecast reflecting state income tax filing data.

Yesterday at its regular monthly meeting, the BEA voted to increase its revenue forecast for the current fiscal year ending June 30, 2021 by a significant amount. “The BEA had reduced its Fiscal Year (FY) 2020-21 revenue estimate prior to the pandemic by $803.7 million in November 2020. Today’s action restored $610.4 million of that reduction. With the adjustment to the current fiscal year estimate, the state projects to end FY 2020-21 April 9, 2021 Page 1 of 11 Copyright 2021 © Riley Pope & Laney, LLC. All rights reserved.

on June 30 with a budget surplus of $646.7 million,” states the Press Release. The BEA was careful to note South Carolina has not fully rebounded from the pandemic economic downturn, most notably in job losses. Click here for Meeting Materials. In summary, for the Senate Finance Committee’s consideration, at this time the General Assembly will have available for appropriation:

- $1.72 billion in unobligated revenue o $385.8 million in recurring funds (up from about $189M) o $1.334 billion in nonrecurring funds (up from about $956M) - Estimates do not include (will be authorized by the General Assembly later this year) o Savannah River Site Settlement dollars – about $525M o Forthcoming federal stimulus dollars – about $2B

FY 2021-22 Budget Outlook *Source: BEA

Net Unobligated (New) Recurring General Fund Revenue $385.8 million (less tax relief trust fund) Non-recurring Revenue FY 2018-19 Contingency Reserve Fund $44.5 million FY 2019-20 Contingency Reserve Fund $514.8 million FY 2020-21 Capital Reserve Fund $176.1 million Projected FY 2020-21 General Fund Surplus $646.7 million Less Reserve Fund Contributions ($47.6 million) Total Non-recurring Revenue $1,334.5 million

Total Estimated Unobligated (New) General Fund Revenue for Appropriation $1,720.3 million

Contingency Reserve Funds are net of amounts already appropriated. Non-recurring Revenue estimates do not include anticipated funds from the Department of Energy settlement and other pending litigation.

S.150 – South Carolina Compassionate Care Act The Senate did not debate S.150, the South Carolina Compassionate Care Act, this week. Senator Tom Davis (R, Beaufort) took the podium Thursday on a point of personal privilege to discuss the bill and thank his colleagues for working together in hammering out compromises on other bills in the Senate. “There is a process we go through,” said Senator Davis while giving numerous examples of bills he has helped other Senators with through the years. He told the story of his first constituents who brought this initiative to light and asked his colleagues to put out of their minds the notion that cannabis does not have medicinal purposes to provide relief. Seven years of living with countless people who could benefit, seven years of research, seven years of working to come up with a narrow, tightly regulated bill. Senator Davis indicated he is willing to flex his power to block other legislation and force consideration of S.150. He recognizes that members need time to read, familiarize themselves with the language and vet it. “Come next week, I am going to be pushing for this bill to get a hearing,” said Davis, referring to a hearing on the Senate floor. “After seven years, it deserves a hearing.”

H.3681 – Tobacco Preemption On Tuesday, the full House Judiciary Committee met to consider one bill – H.3681, the tobacco preemption bill. H.3681 was amended with compromise language preserving local zoning and business licensing of tobacco/vape shops, which brought the Municipal Association of South Carolina to a neutral position on the bill. Health advocacy organizations remained vigilant in opposition, but H.3681 received a favorable as amended report by a vote of 15 – 7 with 3 members not voting and moved on to the House floor. Some have speculated that a deal may have been struck, as no member of the House raised the 24-hour point of order on H.3681 when it was up for second reading consideration on Wednesday. Second reading was granted by a vote of 80 – 23 with third reading by voice vote on Thursday. H.3681 was sent to the Senate and referred to the Senate Medical Affairs Committee.

H.3589 – Schools of Innovation Conference Committee members on H.3589 regarding Schools of Innovation were named this week: - Senator Greg Hembree (R, Horry – Chairman, Senate Education Committee) - Senator Rex Rice (R, Greenville – Senate Education Committee member) - Senator Nikki Setzler (D, Lexington – Senate Education Committee member) - Representative Rita Allison (R, Spartanburg – Chairlady, House Education and Public Works Committee) - Representative Raye Felder (R, York – EPW Subcommittee Chair) - Representative Terry Alexander (D, Florence – EPW Committee member)

Save Women’s Sports Act --- Revived from the Ashes Several weeks ago, the full House Judiciary Committee voted to table H.3477, the original Save Women’s Sports Act bill, after Representative Micha Caskey (R, Lexington) made the motion to table due to the fact that he did not agree with the preamble of the bill, which states, “the General Assembly finds there are two biological sexes, female and male, and that the sex of a person is objectively determined by genetics and anatomy existing at the time of birth.” A motion was made for a roll call vote, but five additional Committee members would not support the motion, leading to a voice vote to table the bill.

This week, a last-minute House Judiciary Special Laws Subcommittee hearing was scheduled on H.4153, the new version of the Save Women’s Sports Act introduced on April 6th. Lead sponsor, Representative Ashley Trantham (R, Greenville), explained the bill and said it was basically the same as H.3477 with a revised preamble to remove the language noted above. The preamble of H.4153 states that public and private middle school-level and high school-level teams and sports designated for females may be restricted to students of the female sex and provide protections for public and private schools, as well as relief for violations.

Numerous people testified, all in opposition to the bill, with many saying they were in shock and disbelief that this bill was considered a top priority of the Subcommittee to the point that a new bill was introduced after the first was tabled. More than 40 people have testified on the initiative to date. Many emotional statements were made, pleading with the Subcommittee to vote no on this bill which would vilify children, the very children the state should be trying to protect instead of discriminating against. State Superintendent of Education Molly Spearman (R) has also asked the General Assembly to not pass this bill, as it is her duty to protect every student April 9, 2021 Page 3 of 11 Copyright 2021 © Riley Pope & Laney, LLC. All rights reserved.

attending South Carolina schools. Representative Spencer Wetmore (D, Charleston) was the only Subcommittee member to vote no, Representative Jason Elliott (R, Greenville) did not vote, and House Judiciary Committee Chairman Chris Murphy (R, Dorchester – not a Subcommittee member but as Chairman can cast a vote) also attended the Subcommittee and cast a yay vote. Subcommittee Chairman John McCravy (R, Greenwood) and Representative Sylleste Davis (R, Berkeley) were the two additional yay votes for a total of 3 – 1. H.4153 will be on the next full House Judiciary Committee agenda.

Senate bills achieving crossover this week

SB40 LOCAL GOVERNMENT PARKING SB236 POOLING PRECINCTS IN MUNICIPAL ELECTIONS SB296 GOLF CART OPERATION DURING NON-DAYLIGHT HOURS SB435 LIMITED LINES TRAVEL INSURANCE SB527 CLASSIFICATION OF PROPERTY AND THE APPLICABLE ASSESSMENT RATIOS SB425 FINANCIAL EXPORTATION OF VULNERABLE ADULTS SB499 SOUTH CAROLINA ELECTION COMMISSION RESTRUCTURING ACT SB691 LOCAL GOVERNMENT - CONSOLIDATION OF BARNWELL COUNTY SCHOOL DISTRICTS 29 AND 19 SB711 BLUE RIDGE-GREENBELT COMMUNITY HB3726 GROSS PROCEEDS OF SALES SB28 IMPAIRED MINOR DRIVERS SB29 WATERCRAFT LIABILITY INSURANCE SB153 VOTING PRECINCTS IN SPARTANBURG COUNTY SB232 CONVERSION OF NONPROFIT CORPORATIONS SB351 TRANSPORTATION AND CLOTHES TO A DISCHARGED INMATE SB379 MIDWIVES SB587 ECONOMIC DEVELOPMENT BONDS FOR CONVENTIONS AND TRADE SHOWS SB609 ACCESS TO TAX INFORMATION SB623 AUTOMOBILE INSURANCE FILING LIMITATIONS SB644 SMALL AND MINORITY BUSINESSES CONTRACTING AND CERTIFICATION SB658 RETIREE HEALTH INSURANCE SB675 TAXES TO THE STATE AVIATION FUND SB677 CARRIED FORWARD TAX CREDITS SB685 COMPENSATION OF INTERCOLLEGIATE ATHLETES SB716 VOTING PRECINCTS IN YORK COUNTY SJR533 PROHIBIT SUBMINIUM WAGE PROHIBITION FOR PEOPLE WITH DISABILITIES SB619 SALES OF WINE ON WINERY PREMISES

House bills achieving crossover this week

HB3037 DRIVER SPECIAL MEDICAL NEEDS HB3144 SOUTH CAROLINA WORKFORCE INDUSTRY NEEDS SCHOLARSHIP HB3243 IMMIGRATION AND OCCUPATIONAL LICENSURE HB3319 REDUCED-PRICE MEALS HB3354 RENEWABLE ENERGY RESOURCE PROPERTY TAX EXEMPTION HB3482 PROPERTY TAX ALTERNATIVE PAYMENT SCHEDULE HB3524 FOR-PROFIT PIPELINE COMPANIES HB3545 HUNTING ISLAND HB3546 SOUTH CAROLINA FILM COMMISSION HB3547 FAMILY WEEK IN SOUTH CAROLINA HB3560 STATE EMPLOYEES FAMILY LEAVE April 9, 2021 Page 4 of 11 Copyright 2021 © Riley Pope & Laney, LLC. All rights reserved.

HB3590 MAY HIRE NONCERTIFIED TEACHERS HB3614 FEDERAL STUDENT AID HB3795 SIGN LANGUAGE INTERPRETERS HB3883 EDUCATION: COMPETENCY-BASED EDUCATION HB3948 LOCAL SALES & USE TAX HB4006 EXTENSION OF OFF-PREMISES SALES LIMIT INCREASE HB4060 BUILDING CODES HB4062 EXPERT WITNESSES AND CONSULTANTS HB4064 MANUFACTURING EXEMPTION EXCLUSION HJR3941 SCHOOL DISTRICT COVID-19 LEAVE POLICIES HB3037 DRIVER SPECIAL MEDICAL NEEDS HB3144 SOUTH CAROLINA WORKFORCE INDUSTRY NEEDS SCHOLARSHIP HB3243 IMMIGRATION AND OCCUPATIONAL LICENSURE HB3319 REDUCED-PRICE MEALS HB3354 RENEWABLE ENERGY RESOURCE PROPERTY TAX EXEMPTION HB3482 PROPERTY TAX ALTERNATIVE PAYMENT SCHEDULE HB3524 FOR-PROFIT PIPELINE COMPANIES HB3545 HUNTING ISLAND HB3546 SOUTH CAROLINA FILM COMMISSION HB3547 FAMILY WEEK IN SOUTH CAROLINA HB3560 STATE EMPLOYEES FAMILY LEAVE HB3590 MAY HIRE NONCERTIFIED TEACHERS HB3614 FEDERAL STUDENT AID HB3795 SIGN LANGUAGE INTERPRETERS HB3883 EDUCATION: COMPETENCY-BASED EDUCATION HB3948 LOCAL SALES & USE TAX HB4006 EXTENSION OF OFF-PREMISES SALES LIMIT INCREASE HB4060 BUILDING CODES HB4062 EXPERT WITNESSES AND CONSULTANTS HB4064 MANUFACTURING EXEMPTION EXCLUSION HJR3941 SCHOOL DISTRICT COVID-19 LEAVE POLICIES HB3096 SOUTH CAROLINA CONSTITUTIONAL CARRY ACT OF 2021 HB3164 ADVANCED PLACEMENT TESTING AND CERTAIN OTHER TESTING AVAILABLE TO HOME SCHOOL STUDENTS HB3465 TEACHER CERTIFICATE HB3466 COST OF TRAINING A FIREFIGHTER HB3620 HATE CRIMES --- PENALTY ENHANCEMENTS FOR CERTAIN CRIMES HB3681 TOBACCO PREEMPTION HB3786 CONSTITUTIONAL OFFICERS HB3899 EXCEPTIONAL NEEDS TAX CREDIT HB4017 IRS CONFORMITY

Committee Action this week

Tuesday, April 6th

Senate Finance Higher Education Subcommittee Budget Hearing – Received as Information Technical Colleges System Tuition Grants Commission Commission on Higher Education Lottery Commission Provisos

Senate Finance Natural Resources & Economic Development Subcommittee – Received as Information State Ports Authority

Senate Finance K-12 Budget Subcommittee – Received as Information SC Department of Education Proviso Review

House Judiciary Committee H.3681 – Local Preemption/Alternative Tobacco Products Favorable w/Amendment

FULL House Ways and Means Committee H.4017 – Tax Conformity Favorable w/Amendment H.3786 – Constitutional Officers’ Salaries Favorable w/Amendment

Wednesday, April 7th

Senate Finance K-12 Budget Subcommittee - Discussion Proviso Review

Senate Medical Affairs Subcommittee R.4985 – Board of Dentistry/Continuing Ed (DLLR) Favorable R.4986 – Board of Medical Examiners/Election of Procedures (DLLR) Favorable R.4987 - Board of Long-Term Care Administrators/Admin in Training (DLLR) Favorable

House Education and Public Works Transportation Subcommittee S.0667 – DOT/Removal, Relocation of Outdoor Advertising Signs Favorable H.3182 – DPS/Vehicle Passing School Bus Violation and Penalty Carried Over H.3730 – DMV/Drivers Stop at Railroad Grade Crossing Favorable w/Amendment H.3937 – High Speed Rail System (No Action) H.4097 – DOT/Removal, Relocation of Outdoor Advertising Signs (No Action)

House Education and Public Works Early Childhood Subcommittee – Received as Information Bryan Boroughs, VP & General Council - Institute for Child Success Dr. David Mathis, Deputy Superintendent SDE Division of College & Career Readiness

Senate Judiciary Subcommittee S.0017 – Alcohol Permit Extensions Carried Over S.0479 – Micro-distilleries Favorable w/Amendment

Senate Finance Health and Human Services Budget Subcommittee Hearing – Received as Information / Discussion Department of Disabilities and Special Needs Provisos

Senate Fish Game and Forestry Subcommittee H.3957 – Flounder Size and Catch Limits Favorable w/Amendment H.3694 - Bear Hunting in Game Zone 4 Favorable w/Amendment H.3884 – Electronic Lien System for Watercraft / DNR Favorable H.3865 – Local Permits for Watercraft Favorable w/Amendment

Senate Finance Transportation & Regulatory Subcommittee Budget Hearings – Received as Information Workers Compensation Commission Department of Employment and Workforce Aeronautics Division, State Infrastructure Bank and the Department of Motor Vehicles

Senate Finance Natural Resources and Economic Development Budget Hearings – Received as Information Palmetto Railways (DOC) Forestry Commission Department of Agriculture Department of Labor, Licensing and Regulation

Senate Education Subcommittee S.0231 – Student Identification Card Suicide Prevention Act Favorable w/Amendment

FULL Senate Transportation Committee H.3505 – Infrastructure Maintenance Fee (Simrill) Favorable H.3689 – DMV/CMV Registration thru International Registration Plan Favorable w/Amendment H.3101 – Disposition of MV by Salvage Pool Operator/No Charity, No Insurance Favorable H.3805 – DMV/Special Military Plates Favorable w/Amendment

Senate Finance Retirement Systems Subcommittee – Received as Information Michael Lowenthal & Gregory Mennis – The Pew Charitable Trusts

Thursday, April 8th

FULL Senate Labor Commerce and Industry Committee Appointments: Christy Rhyne, Edgemoor SC Residential Builders Commission Favorable Timothy Roberts, Anderson SC Residential Builders Commission Favorable S.0635 – SC Research Authority Favorable w/Amendment H.3664 – Criminal Background Checks/Real Estate Commission Favorable H.3024 – Mobile Barbershop Permits Favorable w/Amendment S.0041 – Redevelopment Fees/Museum Projects Favorable R.4984 – Architectural Examiners/DLLR Withdraw/Redraft R.5010 – Auctioneer’s Commission/DLLR Favorable

House Judiciary Special Laws Subcommittee H.4153 – Save Women’s Sports Act Favorable

House Judiciary Family and Probate Law Subcommittee H.3209 – SC Child Abuse Response Protocol Favorable H.4019 – Placement of and Infant – Safe Haven Favorable w/Amendment H.3210 – Protection from Domestic Abuse Adjourned Debate

House 3M Health and Environmental Affairs Subcommittee I H.3336 – Volunteer School Personnel Trained by RN/Administer Insulin Favorable H.3998 – Prescription Monitoring Program/Schedule V Controlled Substances Favorable

House RAP Health and Healthcare Industries Subcommittee R.4985 – Board of Dentistry/Use of Lasers (DLLR) Favorable R.4986 – Board of Medical Examiners/Election Procedures (DLLR) Favorable R.4987 – Long Term Care Administrators/Training (DLLR) Favorable

2021 – Legislative Meetings and Events

Scheduled Live Broadcasts link *Click this link for all notations of Live Broadcast*

Monday, April 12th Senate Finance K-12 Education Budget Subcommittee 9:30am - Final Proviso Review 105 Gressette – Live Broadcast

FULL Education Oversight Committee 1:00pm AGENDA – large agenda, please review 110 Blatt – Live Broadcast - Superintendent’s Update by SDE Superintendent Molly Spearman - EOC’s 2021 Annual Report - SC Early Learning Extension - eLearning Final Report

Senate Finance Criminal Justice Budget Subcommittee 2:00pm - Final Proviso Review Virtual – Live Broadcast

Tuesday, April 13th Senate convenes at 12:00 noon Live Broadcast

House convenes at 12:00 noon Live Broadcast

JOINT Senate and House Agriculture & Natural Resources Committees 9:30am - Flooding in Horry and Georgetown Counties – Presentation by Duke Energy 516 Blatt – Live Broadcast and Cube

FULL House Education and Public Works Committee 30 mins after House adjourns - S.704, Require 5 day-a-week in-person classroom instruction; suspend 433 Blatt – Live Broadcast retired state employee income limit

House Education and Public Works K-12 Subcommittee 1.5 hours after House adjourns AGENDA – large agenda, please review 433 Blatt – Live Broadcast

Wednesday, April 14th House convenes at 10:00am Live Broadcast

Senate convenes at 1:00pm Live Broadcast

Senate Judiciary Subcommittee 9:00am - S.536, Gross revenue / sales of meals in bars that serve liquor 207 Gressette – Live Broadcast - S.230, Human Trafficking - S.224, Increased penalties for solicitation

Senate Legislative Oversight Subcommittee 9:30am - SC Retirement System Investment Commission 408 Gressette – Live Broadcast

FULL Senate Education Committee 10:00am - S.231, Suicide Prevention Hotline / Information on student ID cards 308 Gressette – Live Broadcast - H.3017, Palmetto Fellows Scholarship; revisions

FULL House Medical, Military, Public and Municipal Affairs Committee 1 hour after House adjourns AGENDA – full agenda, please review 427 Blatt - Live Broadcast - H.3336, Volunteer school personnel trained by a registered nurse to administer Insulin - H.3366, Require prescribers to write a script for Naloxone - H.3372, Mental fitness to stand trial - H.3956, Rare Disease Advisory Council - H.3998, Schedule V (mostly cough syrups) to be reported on the PDMP

Senate Medical Affairs Select Subcommittee on S.2 Upon Senate adjournment - DHEC Restructure 308 Gressette – Live Broadcast

Thursday, April 15th House convenes at 10:00am Live Broadcast

Senate convenes at 11:00am Live Broadcast

House Judiciary Election Laws Subcommittees 9:00am - H.3822, Voting and Absentee Voting 110 Blatt – Live Broadcast - H.4150, Early In-Person Voting

House Education and Public Works Transportation Subcommittee 9:00am - S.40, On-Street Parking for coastal municipalities 433 Blatt – Live Broadcast

House 3M Social Services, Mental Health & Children’s Affairs Subcommittee 9:00am - Study Committee re: Mental Health of SC Residents 427 Blatt – Live Broadcast

FULL Senate Medical Affairs Committee 10:00am AGENDA – large agenda, please review 308 Gressette – Live Broadcast - Confirmation hearing: Robby Kerr, Director of the Department of Health and Human Services - S.596, Pollution Control; Plastic Nurdles

Senate Finance Committee --- 2021 Budget Schedule April 13 – 15 FULL Senate Finance budget deliberations *Subject to change at the discretion of April 20 – 22 Final Senate Finance version printed the Chairman April 26 – 29 SENATE FLOOR budget deliberations May 4 – 6 Budget returned to the House; Conf. Comm. May 11 – 13 Conference Committee / Budget to Governor

2021 – State Agency Meetings of Interest

South Carolina Revenue and Fiscal Affairs Office 1:00pm unless otherwise noted State Board of Economic Advisors 417 Rembert Dennis Building – • Thursday, May 20th Bowers Conference Room • Thursday, June 10th Columbia, SC 29201 - Meeting Agenda and Materials Monthly General Fund Revenue Reports ---- Forecast Data posted on Board meeting Local Government Finance Reports information page Legislative Fiscal Impact Statements - Meeting Live Broadcast also posted on Board meeting information page

South Carolina Department of Health and Environmental Control 10:00am unless otherwise noted DHEC Board Meetings DHEC – 2600 Bull Street • Thursday, May 13th Columbia, SC 29201 • Thursday, June 10th - Meeting Agendas - Meeting Live Broadcast

South Carolina Department of Health and Human Services 10:00am unless otherwise noted Medical Care Advisory Committee (MCAC) DHHS – 1801 Main Street • Tuesday, May 11th Columbia, SC 29201 • Tuesday, August 10th

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