Friday Report - January 14, 2022
The General Assembly began the 2022 session this week. Because this is the second year of a two-year session, any bills that do not become law this year will have to be filed again in 2023. The House debated a reapportionment bill (S. 865), and the Ways and Means Committee began budget hearings with state and local government entities. The Senate immediately took up a Certificate of Need bill (S. 290) and members heard testimony on redistricting proposals. There was also some discussion in the General Assembly regarding the American Rescue Plan Act funds (ARPA) that will be discussed below. On an additional note, the U.S. Department of Treasury (Treasury) issued its final rule on ARPA funds. Here is a link to the final rule as well as a summary from SCAC on the final rule and upcoming reporting deadlines for ARPA funds: https://tinyurl.com/529tu94u.
SCAC’s Mid-Year Conference, scheduled for Wednesday, Feb. 23, provides an excellent opportunity to meet with your legislators and discuss issues important to your county. See the detailed information regarding the conference and the Institute classes that follows the legislative items in this week’s Friday Report.
Revenue, Finance and Economic Development
- is used to the benefit of the payers, even if the general public also benefits;
- is only used for the specific improvement contemplated;
- does not exceed the cost of the improvement; and
- is uniformly imposed on all payers.
County Government and Intergovernmental
Land Use, Natural Resources and Transportation
- A provision allowing DHEC to review/consider the environmental compliance history of an applicant or person who operates an Advanced Recycling Facility in making a determination to issue/reissue/deny/revoke/modify/suspend a permit or to prohibit the transfer of a permit.
- A provision requiring an Advanced Recycling Facility to demonstrate adequate financial responsibility by establishing a cash trust fund under DHEC or a security bond must be issued for which DHEC is the sole beneficiary in an amount sufficient to meet all reasonable foreseeable costs of clean-up, environmental remediation, firefighting, contamination, etc.
- A provision requiring DHEC to issue a report to the General Assembly two years after the Act’s effective date that includes an analysis of an Advanced Recycling Facility.
- A provision that terminates the above sections of the Act on the fifth anniversary of the effective date of the Act or after DHEC completes five consecutive annual compliance reviews for such a facility with a finding that no violations or need for enforcement actions have occurred.
SCAC's Mid-Year Conference and Institute of Government Classes
Note: If you would like to offer comments to the SCAC staff, please call us toll-free at 1-800-922-6081, fax to (803) 252-0379, or send an email. You can also go to www.scstatehouse.gov and click on "Legislation," then "Introduced Legislation."
S. 958 — Recognizes January 2022 as "Firefighter Cancer Awareness Month" in South Carolina.
S. 960 — Designates ambulance service as an essential service in South Carolina and requires that each county governing body ensures that at least one licensed ambulance service is operating within the county.
S. 962 — Provides guidelines for the records of county real property sales and removes county auditor fees.
S. 965 — Enacts the "Contraband Cell Phone Act".
S. 966 — Establishes election districts from which the members of the congressional districts are elected beginning with the 2022 General Election
S. 967 — Provides a penalty when a violator causes damage to property or causes great bodily injury or death relating to the operation of a motor vehicle that is approached by an authorized emergency vehicle.
S. 968 — Establishes the "Veterans Service Organization Burial Honor Guard Support Fund".
S. 981 — Establishes that rate, rule, and form filings submitted by a rating organization are subject to prior approval of the Department of Insurance.
S. 984 — Provides that a service or user fee must be used to the nonexclusive benefit of the payers.
S. 986 — Enacts the "Workforce Enhancement and Military Recognition Act".
S. 988 — Enacts the "Equal Protection for Unborn Babies Act".
S. 989 — Suspends Section 1-11-705(i)(2) for fiscal year 2021-2022 relating to a transfer of funds to the South Carolina Retiree Health Insurance Trust Fund.
H. 4501 — Provides that 15 percent of a county's apportionment of "C" funds must be expended on certain rural roads.
H. 4504 — Provides that a watercraft trailer and a watercraft motor may not be taxed more than the maximum tax.
H. 4506 — Provides a property tax exemption for one-third of the value of any motorcycle.
H. 4507 — Provides that no state agency, department, institution, commission, board, or political subdivision, including a school district, may require that individuals wear a face mask.
H. 4508 — Provides that no state agency, department, institution, commission, board, or political subdivision, including a school district, may require that individuals receive a COVID-19 vaccination.
H. 4509 — Provides that DHEC may not expend funds on any mandatory enforcement, coercion, requirement, or guidance of face masks, COVID-19 testing, or COVID-19 vaccines.
H. 4510 — Provides that a municipality or a county that is the location of a carrier's principal place of business may not impose a license fee or license tax on certain certificate holders.
H. 4511 — Provides a property tax exemption for two private passenger vehicles owned or leased by any permanently and totally disabled former law enforcement officer or former firefighter.
H. 4516 — Provides an employer may not terminate an employee for declining to receive a COVID-19 vaccination if the employee received monoclonal therapy or previously has been diagnosed with COVID-19 and to provide remedies for violations.
H. 4517 — Enacts the "Racially Restrictive Covenant Removal Act".
H. 4524 — Authorizes a correctional officer to serve warrants issued by municipal jurisdictions within the same county on a person incarcerated in that county's jail or detention center without the necessity of a magistrate endorsing the warrant.
H. 4527 — Relates to the military retirement income deduction to remove certain limits.
H. 4530 — Prohibits flags and banners that intend to promote a social or political cause from being flown from public buildings.
H. 4541 — Provides for the treatment of pregnant and postpartum inmates.
H. 4542 — Provides that a law enforcement agency may not acquire or purchase certain military items.
H. 4545 — Establishes civil liability in certain circumstances for an entity that requires persons seeking admission on their premises to be vaccinated for COVID-19.
H. 4546 — Provides that Certificate of Need requirements are inapplicable to home health agencies.
H. 4547 — Provides that a governing body of a municipality, county, or other political subdivision of the state may not enact or enforce an ordinance, resolution, or regulation that prohibits the rental of a residential dwelling to a short-term guest.
H. 4549 — Exempts acute hospital care at home programs and services relating to Certificate of Need program exemptions.
H. 4550 — Creates a joint committee known as the "Restore Election Integrity Now" (REIN) committee to examine such issues related to election integrity.
H. 4551 — Creates a 2020 General Election Study Committee to examine and review the conduct and results of the 2020 General Election in South Carolina.
H. 4555 — Enacts the "Parental Bill of Rights Act".
H. 4558 — Adds that assault and battery of a high and aggravated nature occur when a person injures a health care worker or emergency response employee in discharge or because of their official duties.
H. 4559 — Revises the penalties for littering offenses relating to dumping of litter on private or public property.
H. 4560 — Enacts the "South Carolina Vaccination Rights Act of 2022".
H. 4561 — Prohibits the state and its political subdivisions from requiring a COVID-19 vaccination for first responders.
H. 4564 — Adds opioid treatment programs relating to institutions to which the Certificate of Need program does not apply.
H. 4565 — Enacts the "South Carolina Medical Privacy Act".
H. 4567 — Authorizes the use of investigational drugs or treatments for certain patients who contract an infection, illness, or other health condition caused by a declared epidemic or pandemic disease.
H. 4568 — Requires the disclosure of medical information to persons who may receive a chemically induced abortion, with exceptions.
H. 4581 — Prohibits an individual's credit score from being the basis of any personnel action.
H. 4591 — Allows spouses covered by a state plan to remain covered under the same state plan when they become eligible for coverage under the state plan due to their employment.
H. 4593 — Provides that the Criminal Justice Academy must require training on the proper use of tasers and continuing education courses on the proper use of tasers to certify law enforcement officers.
H. 4594 — Provides that a law enforcement officer may initiate a motor vehicle stop for a violation of certain offenses only where there is a simultaneously observed violation for another motor vehicle offense.
H. 4595 — Provides that all law enforcement agencies must employ or maintain a contract with a licensed mental health professional.
H. 4601 — Designates ambulance services as an essential service in South Carolina and requires that each county governing body ensures that at least one licensed ambulance service is operating within the county.
H. 4602 — Provides that records of all handguns confiscated by law enforcement agencies must be made available to the public and must trace the origins of the handguns.
H. 4607 — Enacts the "Keep Students in School Act".
H. 4610 — Provides that the scent of marijuana alone does not provide law enforcement with reasonable suspicion or probable cause to support a stop, search, seizure, or arrest.
H. 4620 — Clarifies circumstances under which a person is deemed to have changed his domicile for voting purposes and revises the factors used to determine a person's intention regarding his domicile.
H. 4621 — Requires county boards of voter registration and elections to date stamp all voter registration applications delivered by hand or by mail.
H. 4622 — Requires that county boards of voter registration and elections must furnish printed instructions relating to absentee ballot applicants providing proof of identity together with their signed oaths and return-addressed envelopes marked "return to sender" in the event the envelope is undeliverable.
H. 4763 — Stops certain social media censorship, provides penalties, and provides exceptions.
H. 4764 — Establishes civil liability in certain circumstances for an entity that requires persons seeking admission on their premises to be vaccinated for COVID-19.
H. 4767 — Provides that the governing body of any school district may not incur general obligation debt in an amount exceeding two percent of the assessed value of all taxable property of such school district in any one year unless authorized by a referendum.
H. 4769 — Repeals Sections 6-1-400, 6-1-410, and 6-1-420 relating to the business license tax.
H. 4770 — Requires DHEC to establish the COVID-19 at-home testing distribution program.
H. 4773 — Expands the purview of the offense of discharging firearms at or into dwellings, structures, enclosures, vehicles, or equipment to include schools, churches or places of worship, indoor or outdoor shopping areas or malls, movie theaters, parking lots, and any other public gathering.
H. 4774 — Provides that counties, municipalities, school districts, special purpose districts, public service districts, or other political subdivisions authorized by law to conduct referenda, ballot measures, or other election events at which a person is not elected to an office shall conduct the referenda, ballot measure, or other election events on the first Tuesday following the first Monday in November in each even-numbered year.
H. 4775 — Requires manufacturers of covered devices to offer an electronic waste recovery program.
H. 4777 — Provides inmates confined in state or local detention facilities must be allowed at least one in-person meeting each month and to define the term "in-person meeting".