LEGISLATIVE UPDATE: Legislation Signed into Law Includes Many Healthcare Provisions

LEGISLATIVE UPDATE: Legislation Signed into Law Includes Many Healthcare Provisions

South Carolina’s journey toward reaching Tax Conformity is on hold until the legislature meets again to consider it under Legislation Awaiting Final Action. The General Assembly is expected to return to Columbia on Wednesday, June 27.

The Sine Die Resolution allows the legislature to continue working on specified matters after the May 10 Sine Die adjournment, including allowing conference committees to work through differences on legislation passed by both bodies. Included in the list of bills still under consideration is Tax Conformity in both the Senate and House.

S. 1258 (Senator Leatherman). the “South Carolina Taxpayer Protection and Relief Act.” and H. 5341 (Reps. Lucas, White, Simrill and Rutherford) are both related to Tax Conformity with the Internal Revenue Code.

In addition, the negotiations on the state budget between the House and Senate are not expected to resume until after the June 12 primaries. Sine Die adjournment is Nov. 11. 

View from the Dome

By Copper Dome Strategies

ISSUE: MAY 25, 2018

Although the 122nd Session of the South Carolina General Assembly has concluded, a Joint Resolution to allow the General Assembly to continue past the mandatory May 10 Sine Die deadline was adopted prior to adjournment to allow members to continue working on specified unfinished business, including the state budget, Tax Conformity and legislation dealing with the fallout of the failed V.C. Summer nuclear project. The General Assembly is expected to return to Columbia on Wednesday, June 27.

BUDGET

The Conference Committee working to resolve differences between the House and Senate versions in the FY 2018-19 General Appropriations Act H. 4950 (Ways and Means Committee) did not meet this past week. Members are Senators Leatherman, Matthews and Bennett and Representatives White, Cole and Clyburn. It is unlikely they will meet again until after the June 12 primaries.

Last week, Senate Finance Committee Chairman Hugh Leatherman (R-Florence) and House Ways and Means Committee Chairman Brian White (R-Anderson) issued a joint statement postponing further conference committee meetings for the time being due to numerous and complex issues. They said their goal now is to have a budget conference report presented to both houses before the next dates authorized in the Sine Die Resolution, which is June 27.

The General Assembly had been poised to return to Columbia this week to adopt the budget Conference Report and send it on to the governor for his vetoes. Both bodies did adopt a Joint Resolution S. 671 (Senator Leatherman) that would allow state government to continue operating at current funding levels for the next fiscal year beginning July 1 if the legislature fails to pass a state budget. Numerous differences in the budget include the amount of teacher pay increases, higher education funding, school safety funding and whether or not to fund a new SLED laboratory.

The Capital Reserve Fund appropriations bill H. 4951 (Ways and Means Committee) was signed into law by the governor on May 7.

Budget Conference Committee information can be found here.

The governor’s Executive Budget can be found here.

Individual state agency budget requests can be found here.

LEGISLATION RECENTLY SIGNED INTO LAW

Childcare

H. 5156 (Regulations and Administrative Procedures Committee) a Joint Resolution to approve regulations of the Department of Social Services relating to licensing of child care centers.

Healthcare

S. 345 (Senator Davis) expands the role of Advanced Practice Registered Nurses (APRN’s) which would, among other things, allow prescribing of schedule II drugs pursuant to a practice agreement in certain circumstances, including hospice and palliative care settings.

S. 918 (Senators Peeler, Malloy, Hembree and M. B. Matthews) establishes certain prescribing limitations when prescribing narcotics to minors and requires DHEC to provide prescription reports to practitioners.

H. 3622 (Reps. Ryhal, Burns, Duckworth and others) relating to podiatric surgery.

H. 3819 (Reps. Bedingfield, Fry, Henderson and others) which establishes requirements for prescribing opioid analgesics to minors.

H. 4116 (Reps. Ridgeway, Douglas, Spires, G. M. Smith and others) which prohibits hospitals and insurance companies from enjoining physicians to secure a maintenance of certification as a condition for licensure or admitting privileges at a hospital in this state. The bill was amended by the Senate to include Federally Qualified Health Centers.

H. 4117 (Reps. Henderson, Bedingfield and Fry) would add an exception to the confidentiality of data in the prescription monitoring program for drug courts.

H. 4698 (Rep. G. M. Smith) waive’s state examination requirements for physicians who practice administrative medicine relating to Social Security disability determinations within a state agency.

H. 5159 (Regulations and Administrative Procedures Committee) a Joint Resolution to approve regulations of the Department of Health and Environmental Control relating to standards for licensing Hospices.

Judicial/Legal

H. 5153 (Rep. Delleney) requires worker’s compensation hearings concerning compensation payable must be held in the districts in which the injuries occurred instead of the cities or counties.

Insurance

H. 4962 (Reps Sandifer and Spires) fixes an unfair application of the retaliatory tax laws as they are applied to domesticated title insurance companies. 

H. 4675 (Reps. Sandifer and Spires) establishes reporting requirements and removes certain provisions for captive insurance companies.

LEGISLATION RECENTLY VETOED BY THE GOVERNOR 

H. 3209 (Reps Pope, Robinson-Simpson and others) relating to the expungement of criminal records for certain criminal offenses. The governor’s veto message can be found here.

LEGISLATION AWAITING FINAL ACTION

The Sine Die Resolution allows the legislature to continue working on specified matters after the May 10 adjournment, including allowing conference committees to work through differences on legislation passed by both bodies. Included in the list of bills still under consideration:

H. 4375 (Reps. McCoy, Ott, Lucas and others) which will prohibit other electric utilities from using the Base Load Review Act, which enabled SCE&G to continue to charge its electric customers for the failed expansion at V.C. Summer nuclear facility;

S. 954 (Senators Leatherman, Setzler) which would temporarily lower utility rates for customers of SCE&G until the Public Service Commission (PSC) rules in December;

S. 1258 (Senator Leatherman) enacts the “South Carolina Taxpayer Protection and Relief Act” and H. 5341 (Reps. Lucas, White, Simrill and Rutherford) which are both related to tax conformity with the Internal Revenue Code;

H. 4931 (Reps. Elliott, Alexander, Simrill and many others) that would authorize an applied baccalaureate in manufacturing if approved first by the State Board for Technical and Comprehensive Education and the Commission on Higher Education.

SINE DIE RESOLUTION

Prior to adjournment, the General Assembly adopted H. 5383 (Rep. Lucas) a Joint Resolution to allow the General Assembly to continue past the mandatory May 10 Sine Die deadline. The resolution specifies what the legislature can debate and allows them to return to Columbia again on Wednesday May 23 for no more than two days, if necessary, and again on June 27 for no more than two days. In addition to the state budget and other outstanding conference committee reports, the resolution allows for discussion on conformity related issues to state income tax laws and legislation regarding the V.C. Summer Nuclear issue and related matters. The resolution also allows them to return to Columbia at any time if necessary until final Sine Die adjournment on Nov. 11, 2018.

COMING UP

Copper Dome Strategies will provide “Rearview: A Look Back at the 2018 Legislative Session” in the coming weeks.

By | 2018-05-25T18:53:09+00:00 May 25th, 2018|Featured, Governmental, Legislative/Advocacy, Tax|0 Comments

Leave A Comment