The Weekly Rewind: Week of March 3rd

*** This week’s Floor Actions of the SC House of Representatives, prepared by staff. Should you have any questions about my votes on these bills, or would like additional information, please contact my office at (803) 734-2969. **

H. 4902 Name, Image, and Likeness

H. 4902 has been ratified as R. 112. It relates to an exemption of an intercollegiate athlete’s Name, Image, and Likeness compensation contract documentation maintained by public institutions of higher learning from public disclosure under the South Carolina Freedom of Information Act.

H. 4151 Revising the Juvenile Justice Code Definition of ‘Minor’

The Senate has received H. 4151 Revising the Juvenile Justice Code Definition of ‘Minor’ after the House passed it this week. Under the juvenile justice code, this bill would modify the definition of a ‘minor’ to no longer include anyone seventeen years of age or older who has been previously adjudicated to be delinquent, and has committed Class A, B, C, or D felonies carrying jail time of fifteen years or more, as well as state weapons violations. Also, under this proposed new code section, anyone aged sixteen years or older charged with any criminal offense punishable by up to 30 years in jail, burglary in the first degree, or attempted murder, would not be considered a minor for prosecution purposes.

Minors aged 14, 15, or 16 years old charged with crimes that an adult would face up to ten years or more in jail for committing, could have their cases transferred to General Sessions Court for disposition. Circuit solicitors would still retain the right to remand these cases to Family Courts for disposition, in their sole discretion, if an offender has been previously determined to be delinquent.

H. 4763 “Helping Alleviate Lawful Obstruction (HALO) Act”

The House also passed, and sent to the Senate, H. 4763, “Helping Alleviate Lawful Obstruction (HALO) Act.” This act proposes definitions for “emergency medical care provider,” “first responder,” and “harass.”

It also proposes to make it unlawful for anyone to impede, obstruct, cause harm to, or harass any law enforcement officers, fire fighters, or emergency medical care providers by being within a twenty-five foot perimeter after being verbally warned not to do so.

Emergency medical providers would have to make reasonable efforts to ensure parents, guardians, or appropriate family members have given consent for treatment. Violators would be penalized by fines of up to five hundred dollars and up to thirty days in jail.

H. 5120 Juvenile Record Sharing with School Principals

H. 5120 was read a third time and sent to the Senate. This bill represents an effort to clarify when juvenile case dispositions involving certain offenses must be provided to school principals. These cases include violent crimes, weapon offenses, high and aggravated assaults and batteries, and assaults on school employees.

It also would clarify how records would be maintained, and when juvenile photographs would be taken. It also would set out when these records may be transmitted to the FBI, or to other entities when those entities obtain appropriate court orders.

H. 4762 Classroom Historical Document Displays and Volunteer Chaplains in Schools

The House has passed, and sent to the Senate for its deliberations, H. 4762 Classroom Historical Document Displays and Volunteer Chaplains in Schools. In its current version, school districts and charter schools could have volunteer school chaplains placed on a list for parental selection. These volunteers could serve when they are affiliated with established religious congregations in local communities, have been endorsed by an entity meeting the criteria to be established by the State Department of Education, and are authorized by school districts or charter schools who follow their established protocols.

These volunteers would have to undergo background checks and could not serve if they have been arrested or convicted of any serious offense that would affect their interactions with children, or are on a Sex Offender Registry.  When on school grounds during normal school operations, they could not advance any particular religion, but would be free to do so when not on school property.

In addition, it would mandate displays of The Ten Commandments, and also allow displays of the Mayflower Compact of 1620, the 1776 Declaration of Independence, the Northwest Ordinance of 1787, and the 1863 Emancipation Proclamation to be displayed in public school and postsecondary classrooms.

Any civil lawsuits filed against a public school or its governing body regarding displaying the documents listed in this legislation would be defended by the Attorney General, and the state will pay for all legal costs, including but not limited to, attorney fees, and any damages awarded.

H. 3798 Guard, Militia, and Unorganized Militia Chaplain Communications Confidentiality

The House has concurred in Senate amendments and enrolled for ratification H. 3798, a bill that would include active and reserve national and state guard, organized militia, and unorganized militia chaplains under priest-penitent confidential communication legal protections. They would have to be duly qualified by meeting Department of Defense standards. Also, they would be required to be in uniform when serving. By doing so, their communications with penitents would be considered privileged and confidential. This privilege could be waived by penitents, or could be ordered to be inapplicable by a judge in certain circumstances, however.

H. 4343 Human Trafficking Awareness and Prevention Training

In an effort to equip healthcare professionals with providing support to victims, the House concurred with Senate amendments and enrolled for ratification H. 4343. This bill adds a continuing education requirement for healthcare professionals to complete a one-hour human trafficking awareness and prevention training course as part of their licensing process. This requirement applies to licensed practical nurses, registered nurses, advanced practice registered nurses, and physicians practicing in emergency medicine, primary care, internal medicine, family medicine, pediatrics, obstetrics, gynecology, or serving as hospitalists. It also includes certified registered nurse anesthetists (CRNAs) and licensees working in public health clinics, emergency departments, urgent care centers, and community-based centers. All licensees must complete this training by January 1, 2028, and every six years thereafter. For individuals licensed before January 1, 2026, the course must be completed by the 2028 deadline. For those initially licensed on or after January 1, 2026, the course must be completed within two years of licensure and then every six years thereafter.

H. 4342 Restricted Instructor’s Licenses in Dentistry AND Restricted Faculty Veterinary License for Veterinary School Faculty in South Carolina

The House concurred with Senate amendments and enrolled for ratification H. 4342. This bill allows the State Board of Dentistry to waive certain requirements for restricted instructor’s licenses in dentistry for applicants who hold a full-time academic faculty appointment at the rank of assistant professor or higher.  The purpose of this legislation is to support the state’s only School of Dentistry by easing licensing requirements for qualified instructors. This provision will allow for the school to increase its capacity to educate and train new students in dentistry.

The bill adds that the South Carolina State Board of Veterinary Medical Examiners may issue a restricted faculty license to individuals serving as faculty at an AVMA-accredited veterinary school in South Carolina. Applicants must either be licensed veterinarians in another state or hold appropriate veterinary education credentials, including a Doctor of Veterinary Medicine or equivalent.

The board may waive certain requirements for individuals holding a full-time academic appointment at the rank of assistant professor or higher. This license allows the holder to practice veterinary medicine only within the scope of their faculty duties and only in the clinical, hospital, or field service units of the veterinary school where they are employed.

The license cannot be issued to anyone who has had a veterinary license denied, revoked, suspended, or relinquished in any jurisdiction. It will be cancelled if the individual leaves the faculty position. Applicants must submit an application, provide required documentation, and pay applicable fees, and the license remains subject to other relevant South Carolina veterinary regulations.

S. 583 Continuing Education Requirements for Funeral Professionals

The House returned S. 583, a bill addressing continuing education requirements for funeral professionals, to the Senate with amendments. The legislation revises continuing education requirements for licensees of the Board of Funeral Examiners by making provisions that the physical attendance of a licensee is required for two of the four hours of instruction. The remaining two hours may be satisfied through virtual, remote, correspondence, or other instructional formats. The physical attendance requirements do not, however, apply if there is a declaration of a pandemic or if a natural disaster has occurred.

H. 3227 Earthquake Insurance

The House amended, approved, and sent the Senate H. 3227, a bill addressing earthquake insurance. The legislation provides that if an insurer issues a policy or contract of insurance covering residential property in this state that does not provide coverage for a loss as a result of an earthquake, this must be communicated to the insured at the time of policy issuance and each subsequent renewal. The communication must be in at least ten point boldface type (see below) and contain the following language, or something similar:

“This residential property insurance policy does not provide coverage for losses as a result of an earthquake. Please contact your insurance agent or insurance carrier to inquire about options to cover a loss resulting from an earthquake.”

H. 3474 Transportation Network Company Act provisions

The House amended, approved, and sent the Senate H. 3474, a bill including limousines in Transportation Network Company Act provisions. The legislation allows a vehicle registered or licensed as a charter limousine with the South Carolina Public Service Commission or as a limousine or other forhire vehicle by the governing body of a county or city to be considered a personal vehicle that is authorized to offer prearranged rides through a digital network controlled by a transportation network company.

H. 4163 South Carolina High School League Oversight and Accountability Act

Effective June 30, 2027, a South Carolina public school district, including charter schools and their authorizers, may financially support or affiliate with an interscholastic athletic association only if that association adopts governance, oversight, audit, ethics, appeals, eligibility, and membership rules required by law. These rules must address the composition of the governing body; legislative audits, budget review, and oversight; ethics disclosures and commissioner contract limits; graduated sanctions for violations; equal treatment and reasonable admission standards for private and charter schools; access for homeschool teams to preseason and regular-season competition; uniform fines for contest cancellations; a prohibition on student NIL compensation; participation opportunities for certain private-school students in public-school sports; participation of private-school students generally; uniform transfer and eligibility rules; limits on applying public-school policies to private-school students except for GPA and grade-level requirements; and a classification multiplier system. The act also requires one-time transfer eligibility for certain middle- and high-school students, creates an independent appellate panel and emergency appeals process, establishes a temporary High School Athletics Oversight and Accountability Committee to examine and study the operations and management of the South Carolina High School League and public school athletics, amends homeschool eligibility rules, and takes effect upon the Governor’s approval.

H. 4468 Local Advisory Councils for Educating Students With Disabilities

H. 4468 was amended, read a third time and sent to the Senate. The bill would provide for the establishment of local advisory councils for educating students with disabilities for each school district and charter school authorizer by its respective governing body; to provide for the membership, composition, duties, and purposes of local advisory councils; to provide administrative support for local advisory councils; and to provide deadlines for the creation of related model bylaws, the submission of local advisory council bylaws for approval, and the first meetings of each local advisory council.

H. 5179 School Mapping Data Program

H. 5179 would create the school mapping data program within the state law enforcement division for the purpose of facilitating efficient emergency responses in public institutions of higher learning by public safety agencies, to define necessary terms, to provide requirements for the program and its implementation by the division, and to provide related requirements of institutions of higher learning and law enforcement agencies.

H. 5073 Public School Grading Practices

H. 5073 was amended, read a third time and sent to the Senate. The bill would provide requirements for public school grading practices, to condition eligibility for credit recovery and content recovery on completion of required assignments, to limit the use of certain assessments in calculating final course grades, to provide enforcement through withholding of state aid to classroom funds, to direct the State Board of Education to establish a task force to evaluate and recommend revisions to the uniform grading policy, and to require the state board of education and local school districts to adopt the recommended revisions.

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