Provided by Copper Dome Strategies, LLC

The 125th General Assembly adjourned Sine Die yesterday at 5:00 pm after a flurry of last week activity. The second year of the two-year session is not yet over, though, as a Sine Die resolution was adopted allowing the General Assembly to return to Columbia for unfinished business, including the state budget and the election of a new justice to the Supreme Court. Differences between the Senate and House on a number of bills will also need to be resolved, most notably energy reform legislation and how we elect judges. Most of that activity will occur after the June primary elections. A government restructuring of healthcare agencies bill died in the final moments of the session.

Animal Welfare

This week, the Senate adopted H. 3682 (Reps. Murphy, Wetmore, Bailey, Rose and others) related to the care of animals after the owner’s arrest. The bill removes provisions regarding a lien on the seized animal, outlines hearing procedures for ordering the seized animals’ cost of care, and makes conforming changes to penalties for animal cruelty. The bill is now enrolled for ratification.

The House concurred in the Senate amendment to H. 4617 (Rep. Hixon), which adds Xylazine as a Schedule III controlled substance. The bill provides an exemption for pharmaceutical compounding by a licensed pharmacist or veterinarian for use in a nonhuman species. The bill is now enrolled for ratification.

Appointments

On Wednesday, the Senate confirmed the reappointments of Robert G. Woods IV of Blythewood, South Carolina, as Director of the South Carolina Department of Public Safety and Mark A. Keel of Columbia, South Carolina, as Chief of the State Law Enforcement Division (SLED). The Senate also confirmed the appointments of James T. Coker of Kingstree, South Carolina, and Mark Moore of Westminster, South Carolina, to the State Board of Veterinary Medical Examiners.

Bills That Failed to Pass This Session

As this was the second year of the two-year session, these bills that did not pass will have to be introduced again next year and start the process all over:

S. 915 government restructuring creating the “Executive Office of Health and Policy”;

H. 3014 which enacts the “Clementa C. Pinckney Hate Crimes Act”;

S. 423 which enacts the “Compassionate Care Act” relating to medical cannabis products;

S. 533 “SC Justice Act” – Joint Severability for the purposes of allocation of tort liability;

H. 4289 prohibiting higher education institutions from offering admissions based on diversity, equity and inclusion (DEI) initiatives;

H. 3514 the “Equine Advancement Act,” establishing guidelines for para-mutual wagering on horse racing;

S. 1 creates the felony offense of drug-induced homicide by fentanyl

Bills Assigned to Conference Committee

Bills that have passed both chambers but have differing versions are assigned to a Conference Committee consisting of three members from each chamber to resolve the differences and adopt a Conference Report, which then becomes the bill. Some of those bills include:

H. 5100 General Appropriations bill;

H. 5101 Capital Reserve Fund bill;

S. 1046 which reforms the Judicial Merit Selection Commission (JMSC);

H. 5118 Ten-Year Energy Transformation Act;

S. 1017 Non-profit housing/annexation;

S. 314 regulatory relief for higher education capital improvement projects;

S. 577 updates a reference to the top marginal income tax rate;

S. 862 educational and pre-service training requirements for childcare workers;

Budget

This week, the House amended the FY2024-25 General Appropriations bill H. 5100 and the Capital Reserve Fund bill H. 5101, sending the bills back to the Senate. The Senate then non-concurred in the House amendments, thereby setting the stage for a Conference Committee of three House members and three Senators to resolve the differences and work to adopt a budget Conference Report. The Board of Economic Advisors (BEA) is scheduled to meet on May 20 and is likely to increase the funding available for the budget as tax collections are $475 million ahead of estimates.

The budget conferees are Senators Harvey Peeler, Nikki Setzler and Sean Bennett. House conferees are Representatives Bruce Bannister, Phillip Lowe and Leon Stavrinakis.

House and Senate leaders have informed their bodies that they are planning to return June 18-20 to adopt a Conference Report on the state budget. They would return again June 26-28 to address gubernatorial vetoes. The General Assembly has passed H. 4720, a resolution to provide continuing authority to pay state government expenses if a budget Conference Report is not adopted by July 1, when the fiscal year begins.

Childcare

On Tuesday, the House non-concurred in the Senate amendment to S. 862 (Senator Shealy), which provides for educational and pre-service training requirements for childcare workers. The bill will now go to a Conference Committee to resolve the differences.

The Senate concurred in the House amendments to S. 946 (Senator Shealy), which changes the organization of the State Advisory Committee on the Regulation of Childcare Facilities. The bill is now enrolled for ratification.

General Business

This week, the Senate adopted H. 4869 (Reps. Sandifer and Hardee), relating to the authority of the director of the Department of Insurance. The bill allows the director or any of his duly authorized assistants or employees to investigate allegations that the insurance laws have been violated, and also allows the agency to conduct market conduct examinations in accordance with NAIC regulations. The bill is now enrolled for ratification.

Healthcare

One of the top priority bills of this session died a dramatic death in the final moments yesterday after an objection was made to take up the bill and address amendments. S. 915 (Senators Peeler, Alexander, Setzler, Verdin, Davis and others) would have created the “Executive Office of Health Policy” by merging the current Departments of Health and Human Services, Mental Health, Disabilities and Special Needs, Alcohol and Other Drug Abuse Services and Aging into one agency. The legislation was aimed to align these behavioral health agencies to better serve the public. It will have to be introduced again in January and start the process all over again.

Yesterday, the Senate concurred in the House amendment to S. 858 (Senator Davis), which exempts Acute Hospital Care At Home from the requirements of Certificate of Need (CON) and requires the Department of Health and Environmental Control (DHEC) to promulgate regulations. The bill was amended to ensure that home health agencies will continue to be required to obtain a CON. The bill is now enrolled for ratification.

The Senate adopted H. 5236 (Reps. Bannister and Herbkersman) this week, which will authorize the Department of Health and Human Services (DHHS), or any successor agency, to award contracts and procure Medicaid systems and services using competitively solicited NASPO ValuePoint Master Cooperative Purchasing Agreements. The Senate also adopted H. 5183 (Reps. M. M. Smith, West, Hewitt and others), which changes the requirements of a Certified Medical Assistant (CMA) and allows for the delegation of certain nursing tasks pursuant to the physician assistant’s scope of service. The bill would also define what medical services an Unlicensed Assistant Personnel (UAP) can perform. Both bills are now enrolled for ratification.

The House concurred in the Senate amendments to the ‘Help Not Harm’ bill H.4624 (Hiott, G.M. Smith. McCravy and others), which regulates gender transition procedures for minors. The bill prohibits healthcare professionals from administering gender transition procedures to individuals under eighteen. It also directs the South Carolina Medicaid Program to cease coverage for these procedures for individuals under twenty-six and bans using public funds for gender-affirming care. The bill is enrolled for ratification.

The Certificate of Need (CON) Rural Healthcare Study Committee met on Wednesday and adopted its final report. The committee was formed as part of last year’s repeal of the requirement of CON for all but nursing homes and home health. After testimony from stakeholders and conducting several public hearings, the final report notes that numerous healthcare challenges in rural areas must continue to be studied. There are three recommendations. The report can be found here.

Higher Education

This week, the House non-concurred in Senate amendments to S. 314 (Senator Talley), which provides regulatory relief and streamlines the process for certain capital improvement projects for public colleges and universities. The bill will now go to a Conference Committee.

The Senate concurred in the House amendments to S. 125 (Senators Hembree, Turner and Young), which would extend LIFE scholarships to education majors. The bill was amended to include accounting majors. The bill is now enrolled for ratification.

The General Assembly paused on the last day of the session to honor Dr. Ronald L. Rhames, who is retiring after a distinguished career as an educational administrator. Rhames has served as President of Midlands Technical College since 2015. The resolution recognizing Rhames can be found here H. 5301.

Legal/Judicial

On Tuesday, the House adopted S. 1046 (Senators Hembree, Climer, M. Johnson, Peeler and others), which reforms the Judicial Merit Selection Commission (JMSC) and would allow the governor to make appointments to the JMSC and provide term limits to the members. The bill was amended back to the House version H. 5170 (Reps. Pope, W. Newton, Caskey, Jordan and others), the “South Carolina Judicial Merit Selection Commission, Screening and Election of Justices and Judges.” Judiciary Committee Chairman Weston Newton (R-Beaufort) explained that there are differences between the House version and the Senate bill that will need to be worked out, including increasing magistrate’s jurisdiction to $25,000 per civil case. The bill will now go to a Conference Committee to resolve the differences.

As the VIEW has developed a keen sense of sniffing out important meetings, we found our state’s leaders posing on the steps of the State House with retiring Supreme Court Chief Justice Donald Beatty on Tuesday afternoon. Beatty will retire next month after leading the court since 2017. Shown here, L-R, are House Speaker Murrell Smith, Senate President Thomas Alexander, Governor Henry McMaster and Chief Justice Beatty. Beatty will be replaced by Justice John W. Kittredge.

The election to fill the vacancy created by Kittredge’s ascension is scheduled for June 5. The Judicial Merit Selection Commission met on Wednesday and Thursday this week to screen candidates for that seat.

Primary Elections

There will be little to no activity at the State House for the next few weeks as many members are facing opposition in the June 11 primaries for both the Democratic Party and the Republican Party. You can vote in either primary, but not both. The deadline to register to vote in person is Friday, May 10, and to register to vote online or by fax or email is Sunday, May 12 at 11:59 p.m. For more information go here: https://scvotes.gov/

Ratification of Acts

After a bill receives the necessary three readings in both the House and Senate, the bill is enrolled for ratification. The presiding officers of each body then agree to meet for ratification at a mutually convenient time where they then formally declare such through the process of ratification of acts. The bills, now ratified acts, then go to the governor, who has five days to sign them into law, veto them, or allow them to become law without his signature. Here are just some of the bills that were ratified:

H. 5236 Authorizes DHHS to procure Medicaid systems via NASPO cooperative purchasing agreements;

H. 3563 Tax exemptions for feminine hygiene products;

H. 3811 Increases industry partnership fund tax credit;

H. 3992 Delinquent unemployment compensation taxes;

H. 4349 Greenville Technical College Area Commission;

H. 4720 Continuing authority to pay expenses of state government without a general appropriations bills;

H.4624 “Help Not Harm” regulating gender transitions;

H. 4957 Name, Image and Likeness (NIL) in college athletics;

S. 858 Exempts Acute Hospital Care At Home from the requirements of Certificate of Need CON and ensures home health remains under CON;

H. 5183 Expands tasks performed by Certified Medical Assistants (CMA);

S. 125 Extends LIFE scholarship stipends to education and accounting majors.

To view all bills ratified go here: https://www.scstatehouse.gov/rats2.php

Sine Die Resolution

Adjournment sine die means “without assigning a day for a further meeting or hearing.” This Latin term is used to signify the end of our legislative session. However, as in most recent years, the General Assembly adopted S. 1192, a Sine Die Resolution, allowing them to continue past the mandatory May 9 Sine Die deadline to complete unfinished business. The resolution states that the General Assembly shall stand in recess subject to the call of the President of the Senate for the Senate and the Speaker of the House of Representatives for the House of Representatives at times they consider appropriate for their respective bodies to meet. When they return, they are only allowed to take up those matters specified in the resolution including the state budget, outstanding conference reports arising from conference committees appointed by May 9 and gubernatorial vetoes.

Tax

On Tuesday, the Senate gave third and final reading approval to H. 4594 (Reps. Ballentine, Pope, Clyburn and West), known as “Tax Conformity.” The bill updates the reference to the Internal Revenue Code to the year 2023 for South Carolina income tax purposes. The bill is enrolled for ratification.

The Senate non-concurred in House amendments to S. 1017 (Senators M. Johnson, Peeler and Climer), which provides that property tax exemptions for certain non-profit housing corporations only apply to the percentage of property that equals the corporation’s ownership interest in the property. The bill also provides that certain property assessed as agricultural may not be annexed by a municipality. The bill will now go to a Conference Committee to resolve the differences.

The Senate non-concurred in House amendments to S. 577 (Senator Alexander), which updates a reference to the top marginal income tax rate. The bill will now go to a Conference Committee to resolve the differences.

The Senate also adopted H. 3563 (Reps. Cobb-Hunter, Pace, Collins, Bauer and others) this week, which exempts feminine hygiene products from state and local sales taxes. So far, 22 other states and Washington, D.C., have passed similar laws. The bill is now enrolled for ratification.

Utilities

This week, the Senate amended and adopted H. 5118 (Reps. G.M. Smith, West, Davis and others), the “South Carolina Ten-Year Energy Transformation Act” by striking the entire House bill and adding an amendment acknowledging the need for additional energy generation, including cleaner options, but not saying what type of additional energy. Senator Tom Davis (R-Beaufort) said the Senate is not yet ready to adopt the House bill, and this amendment would send appropriate signals to capital markets and companies considering coming to South Carolina that the General Assembly is serious about working towards a long-term solution to our growing energy needs.

Proponents of the energy legislation point to our state’s growing population and increased economic development activity as the need for additional energy generation. Opponents say the bill is being rushed and needs further study. The House non-concurred in the Senate amendment. The bill will now go to a Conference Committee to resolve the differences.