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State Legislative Update

April 22, 2019


THIS WEEK IN SOUTH CAROLINA
There are 9 legislative days left in the session. By law, the General Assembly must adjourn sine die at 5 o’clock on Thursday, May 9 but may return to finish work on the budget or other items agreed upon by both bodies. Since this is the first year of a two-year session, bills that did not pass this session will retain their current status and be carried over to the 2020 legislative session.

The House of Representatives was on furlough last week.

State Institutions of Higher Education Enterprise Act (S.283) Remains on the Senate calendar for second reading. This legislation would allow Clemson and other universities in the state the necessary flexibility to operate in the areas of capital projects, procurement and human resources. The bill would allow auxiliary divisions to be free of some of the current layers of state oversight, while still being accountable to the General Assembly. Clemson testified twice while the bill was in Subcommittee. A similar bill, H.4453, has introduced in the House by Representatives Jason Elliott, Bruce Bannister and Gary Clary.

Higher Education Opportunity Act (S.298) Remains on the Senate calendar for second reading. This legislation is designed to increase accessibility & affordability for in-state students by providing predictable source of state revenue in order to slow rising tuition costs. Clemson University worked with the subcommittee to amend the bill and ensure that this legislation is consistent with the 1889 Act of Acceptance and the terms and conditions of Thomas Green Clemson’s Will. The amendment also includes regulatory relief.

The Campus Free Expression Act (S.33) To provide that outdoor areas of campuses of public colleges and institutions of higher learning in this state shall be deemed traditional public forums. Bill was recommitted from the Senate Education Committee to the Senate Education Higher Education Subcommittee. A similar bill, The Forming Open and Robust University Minds Act (H.3099) by Rep. Garry Smith will have a third and final hearing scheduled for Wednesday morning.

Reinforcing College Education on America’s Constitutional Heritage Act (S.35) To provide that each institution of higher learning must provide instruction concerning the U.S. Constitution, the Federalist Papers and the Declaration of Independence to each undergraduate student for three semester credit hours. Bill was amended, passed by the Senate and sent to the House where it was referred to the House Education Committee. The Higher Education Subcommittee reported the bill out favorably.

Nurse Preceptors (S.314) To allow an income tax credit for each clinical rotation served by a physician, advanced practice nurse or physician assistant as a preceptor for certain programs. Bill was passed by the Senate and sent to the House where this week it was voted favorably out of Ways and Means Subcommittee. The bill now goes to the full Ways and Means Committee.

Athlete Agents (S.263) Provides that certified athlete agents may pay certain expenses incurred before the signing of agency contracts by student athletes, family members of student athletes and individuals or classes of individuals authorized to receive such payments. The bill remains in Senate Education Subcommittee.

Tucker Hipps Act (H.3398) To permanently authorize the Act and to repeal the three-year sunset provision. The bill was passed by the House and the Senate and is now enrolled for ratification.

In-State Tuition for Military Personnel and Dependents (H.3639) To amend Section 59-112-50, Code of Laws of S.C., 1976, relating to military personnel and their dependents who are entitled to pay in-state tuition and fees without regard to the length of time they have resided in this state, as to expand categories of individuals covered by these provisions to conform with certain changes in state law. The bill was passed by the House and Senate and has been signed by the Governor.

The State Budget Process
The Senate completed its work on the budget on Thursday, April 18.

Below is a summary of the current budget as it relates Clemson University and Clemson PSA:

Clemson E&G
–      $5.7 million in recurring funding for in-state tuition mitigation (Same as the House)
–      $2.1 million ($1.1 million in recurring funding and $1 million in nonrecurring funding) for Health Innovation Extension programming (House funded $2.1 million nonrecurring)
–      $5.9 million in nonrecurring funding for safety and security infrastructure and enhancements (Same as the House)
–      $4 million in nonrecurring funding for the Center for Advanced Manufacturing (Same as the House)

Clemson PSA
–      $2 million in recurring funding for Comprehensive Statewide Extension Programs (House funded $1 million recurring)
–      $1 million in recurring funding for Critical Agriculture and Natural Resources Research (House funded $250,000 recurring)
–      $1 million in recurring funding for Livestock-Poultry Health Regulatory Programs (House funded $750,000 recurring)
–      $3 million in nonrecurring funding for Facility Renovation for Water Research (House funded $2 million nonrecurring)

The budget also currently includes:
–      A proviso that establishes a maintenance and renovation fund for public higher education institutions
–      A proviso that allows for $25 million in direct farm aid relief as a result of Hurricanes Florence and Michael. The program is modeled after the state effort that was approved following the 2015 floods. Farmers will have to execute a legal document agreeing to return any state money if federal disaster assistance is received.
–      A proviso that would limit tuition increases for in state students to the Higher Education Price Index as a condition of receiving the recurring funding associated with in-state tuition mitigation.
–      A 2 percent pay increase for employees of public higher education institutions and technical colleges who earn a base salary below $100,000/year.
–      A one-time bonus of $600 for state employees making under $70,000/year.
–      An increase in the cost of health insurance and an increase in retirement contributions for state employees and employers.  The employee portion of both will be paid by the state.  The employer portion of both will have to be covered partially by the university.

BILLS OF INTEREST
The Clemson University Governmental Affairs office is monitoring several bills that have potential impact on Clemson.  A complete listing of these bills may be found here.  Click on the bill number for a description of the legislation, along with the bill’s current status.

NEWS AND FYI
Please follow CU at the Capitol on Twitter. Current news coverage of interest may be found here.



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