The second week of the 2022 Session was abbreviated due to the inclement weather. House Ways and Means subcommittees continued to conduct budget hearings for state agencies and a Senate Finance subcommittee held a hearing to appropriate funds from the American Rescue Plan Act (ARPA) and the Savannah River Settlement. These items along with several bills of interest will be discussed below in this week’s Friday Report.
SCAC will host its Mid-Year Conference on Wednesday, Feb. 23 at the Embassy Suites Hotel in Columbia. NACo will provide an update on ARPA and US Treasury’s Final Rule. County officials will also receive an economic update and information regarding broadband opportunities. Members are encouraged to meet with their delegation members at the Statehouse. A legislative reception will be held at The Palmetto Club that evening from 5-7 p.m. The following Institute of Government for County Officials classes will be offered following the conference on Thursday, Feb. 24 and Friday, Feb. 25.
Revenue, Finance and Economic Development
Savannah River Settlement – S. 956. The Senate Finance American Rescue Plan Act (ARPA) Subcommittee discussed appropriating the $525 million that the state received from the Savannah River Settlement (SRS). A proposal by President Alexander and Chairman Peeler was discussed and adopted. Under the proposal, 65 percent ($341 million) would be sent to the “primary” counties affected by the lawsuit which include Aiken, Barnwell, and Allendale. Ten percent ($52 million) would go to “perimeter” counties also affected including Bamberg, Colleton, Edgefield, Hampton, Lexington, Orangeburg, and Saluda. The remaining 25 percent would be sent to the County Transportation Committees in all counties except the three counties that were deemed “primary” and received 65 percent of the overall settlement funds. The Senate delegation members from each of the “primary” and “perimeter” counties will provide the subcommittee with a list of specific projects for which the money will be spent next week. The funds must be spent on hard capital items such as water and sewer projects, economic development projects, job creation or workforce skills projects, or educational facilities. The funds may not be spent on repaying existing debt or pension obligations. The House has not met to discuss how they would like to appropriate the money.
House ARPA Appropriations Ad Hoc Committee – The House American Rescue Plan Act (ARPA) Ad Hoc Committee reconvened this week to hear a presentation from the South Carolina Rural Infrastructure Authority (RIA). Bonnie Ammons, Executive Director of the RIA, proposed using a portion of the state’s ARPA funds to establish competitive water and sewer infrastructure grant programs that could make a transformational impact to systems across South Carolina. Eligible applicants would include units of local government, special purpose districts, commissions of public works, and joint municipal organizations. Units of local government may also apply for grants on behalf of non-profit water and sewer systems. The proposed grant programs would focus on infrastructure projects and regional partnership solutions that would fund the construction of water, wastewater, and storm water infrastructure and would also provide funding to local governments for planning studies that would lay the groundwork for future improvements. The RIA would likely open applications for the first round of grants in July of 2022.
Prior to the Committee adjourning, Chairman Bruce Bannister announced that the House would likely introduce legislation next week outlining its draft for the allocation of the state’s ARPA funds in a phased approach.
SC Public Employee Benefit Authority (PEBA) – PEBA presented their FY 2022-2023 budget request to a House Ways and Means subcommittee. The PEBA board recommended maintaining the current plan and also expanding well visit coverage which would equate to a 14.2 percent increase in premiums. As a result, among PEBA’s requests was for the General Assembly to appropriate recurring funds for the state’s portion of the rate increase that will become effective January 2023. The proposals will be presented to the full Ways and Means Committee at a later date.
County Government and Intergovernmental
State Health Facility Licensure Act (Certificate of Need) – S. 290. As initially drafted, this bill overhauls the State Certification of Need and Health Facility Licensure Act by repealing the Certificate of Need (CON) provision. SCAC's policy position is to support legislation that would reform the state's CON to limit the appeals process, reduce the projects that require approval, and streamline the system. After much debate, the Senate adopted amendments to define the word "hospital" and to provide that MUSC must still obtain a CON or licensure. The bill is pending third reading on the Senate calendar.
SC Hands-Free Act – S. 248. This bill would enact the "South Carolina Hands-Free Act." More specifically, the bill would prohibit holding a device while driving to compose, read, or send any text-based communication, including text, email, instant message, internet data, or video. The Senate Transportation Committee gave the bill a favorable report, as amended, and the bill is pending second reading on the Senate calendar.
Medical Marijuana – S. 150. S. 150 was placed in special order status this week. S. 150 would enact the “SC Compassionate Care Act” that would create a regulated medical cannabis program to allow individuals with serious illnesses to use and access medical cannabis when recommended by a physician. This complex bill outlines qualifications for the program, outlines limitations on the uses of medical cannabis, and provides legal protections and safeguards. The legislation also provides that localities may regulate the locations, hours, and number of medical cannabis businesses but may not completely prohibit dispensaries from operating. SCAC’s policy position is to oppose the legalization of medicinal marijuana due to the lack of FDA approval.
Reapportionment and Redistricting – S. 865. The Senate took up S. 865 as amended by the House. The Senate did several strike and insert amendments. S. 865 was sent back to the House to concur or nonconcur with the Senate amendments.
Land Use, Natural Resources and Transportation
Petroleum Pipelines – H. 3527. A House Agriculture, Natural Resources, and Environmental Affairs subcommittee met this week on several bills including H. 3527. This legislation would establish a detailed application and permitting process that a for-profit company must follow before a petroleum pipeline can be extended or constructed within the state. If a company seeks to use any eminent domain power in locating a petroleum pipeline, the Public Service Commission (PSC) would be required to provide notice to individual landowners and local governments and conduct a public hearing regarding the merits of the proposal. The bill would further provide for landowner compensation in the event of a potential spill and establish protections for private property rights. H. 3527 received a favorable report and will move on to the full committee.
Advanced Recycling – S. 525. This legislation pertains to Advanced Recycling and Advanced Recycling Facilities. A House and Senate Conference Committee met this week to work out an agreement between the two versions of the bill. The compromise version of the bill now includes:
- A provision allowing DHEC to review/consider the environmental compliance history of an applicant or person who operates an Advanced Recycling Facility in order to make 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 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 submit regulations within 120 days of the effective day of the Act regarding the management and disposal of solar panels.
- 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 any Advanced Recycling Facilities.
- 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.
On Thursday, the House and Senate adopted the conference report on the bill and S. 525 will now be enrolled for ratification.
SCAC's Mid-Year Conference and Institute of Government Classes
SCAC's 2022 Mid-Year Conference will be held Wednesday, February 23, 2022, at the Embassy Suites Hotel in Columbia. You can access a copy of the registration brochure and conference agenda on the Association’s
website. A legislative reception will be held from 5:00-7:00 p.m. at the Palmetto Club. You are encouraged to invite your legislators to dinner while you are in Columbia.
The Institute of Government will be held in conjunction with the Mid-Year Conference on Thursday, February 24, and Friday, February 25. The specific schedule of course offerings is available on the association’s
website. The Council Chairperson’s Workshop will be held on Thursday, February 24, from 1:00-4:00 p.m. and is open only to council chairs and vice chairs. It is offered free-of-charge, but
registration is required. Should you or your council members need assistance determining which classes to take, please contact Ryan Tooley at (800) 922-6081 or at
rtooley@scac.sc.
The conference and Institute registration deadline is February 17. The deadline for making hotel reservations is February 3.
Newly-Introduced Legislation
View/Download Full Text for Newly-Introduced Legislation
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."
Senate Bills
S. 991 — Prohibits a person from filing a statement of intention of candidacy if the person has an outstanding debt to the State Ethics Commission, the House of Representatives Ethics Committee, or the Senate Ethics Committee and provides a procedure to stay the provisions of this section pending the outcome of a properly filed appeal.
S. 995 — Provides for a statewide advisory referendum to be held at the same time as the 2022 General Election to determine whether the qualified electors of this state favor legalization of marijuana for medicinal and recreational purposes.
S. 997 — Allows that, in the event of war, social unrest, contagious disease, epidemic, pandemic, natural disaster, or an act of God renders it unsafe to the health and well-being of the members of the General Assembly to meet at the seat of government, at the determination of the President of the Senate and the Speaker of the House of Representatives, as appropriate, the members of the General Assembly may otherwise meet in annual session using remote and virtual technology.
S. 1003 — Prohibits the Department of Revenue from garnishing wages in an amount more than 10 percent of a person's compensation for a delinquent debt to a public hospital.
House Bills
H. 4799 — Prohibits the state, all political subdivisions, all public school districts, public schools, and public institutions of higher education from affirming, adopting, adhering to, or instructing any of the tenets of "Critical Race Theory."
H. 4803 — Renames the chapter the "Department of Public Health" and reorganizes the chapter to abolish the Department and Board of Health and Environmental Control.
H. 4811 — Creates the offenses of criminally negligent storage of a firearm in the first and second degree.
H. 4812 — Changes the age that a certain 1 percent sales tax does not apply from individuals over the age of 85 to individuals over the age of 80 relating to the 7 percent sales tax on accommodations.
H. 4813 — Makes it unlawful for candidates to leave campaign signs on public property more than 21 calendar days after an election.
H. 4815 — Suspends Section 1-11-705(i)(2) for the fiscal year 2021-2022 relating to a transfer of funds to the South Carolina Retiree Health Insurance Trust Fund.
H. 4816 — Provides an additional one-time payment to members of the Police Officers Retirement System who are killed in the line of duty.
H. 4829 — Enacts the "Personhood Enforcement at Conception for Every South Carolinian (PEACE SC) Act" and requires local governments, the Department of Labor, Licensing and Regulation, and boards of professional licensing to receive and review complaints against businesses, licensees, and employers that engage in practices that terminate the life of a person.
H. 4830 — Enacts the "Equal Protection for Unborn Babies Act."
H. 4835 — Provides that the deed recording fee may not exceed $3,500 for any single residential deed.
H. 4836 — Provides the Department of Public Safety has the duty and power to operate comprehensive law enforcement personnel training programs for its law enforcement officers.
H. 4838 — Enacts the "South Carolina Street Gang and Criminal Enterprise Prevention and Anti-Racketeering Act."
H. 4839 — Requires employers to extend benefits of the Family Medical Leave Act of 1993 to individuals undergoing surgery related to organ donation.
H. 4841 — Prohibits each political subdivision from investing in certain companies owned or controlled by the People's Republic of China or the Chinese Communist Party or whose principal place of business is located within the People's Republic of China.
H. 4842 — Provides that a public entity may not enter into certain contracts with certain companies owned, in whole or in part, by the People's Republic of China or the Chinese Communist Party.
H. 4846 — Enacts the "South Carolina Job Creation and Competitiveness Act of 2022."
H. 4848 — Establishes criminal liability in certain circumstances for inquiring about another person's COVID-19 vaccination status.