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State Legislative Updates

May 13, 2019


THIS WEEK IN SOUTH CAROLINA
In accordance with state law, the South Carolina General Assembly adjourned sine die at 5 o’clock on Thursday, May 9. Since this was 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 Sine Die Resolution (S.785) which was adopted by both the House and the Senate enables the General Assembly to return after sine die adjournment to work on the state budget, conference committee reports, and other items agreed on by both bodies. The dates for the General Assembly’s return are May 20-22.

Professional Licensure and In-State Tuition for DACA Recipients (H.3404) Would enable a person who has a lawful presence in this State and is not precluded from establishing residency under federal immigration law may establish residency in state in order to receive in-state tuition rates and fees at public institutions of higher education. A person eligible for in-state tuition rates pursuant to this section would be eligible for state-supported scholarships and grants, provided other eligibility requirements are met. The bill was passed favorably by a House Judiciary Subcommittee and now awaits a hearing in the full Judiciary Committee.

The Veterans Nursing Degree Opportunity Act (H.4404) Would expedite the transition from military life to a professional career in nursing and enable veteran military clinical personnel to accelerate the process for obtaining associate’s degrees and bachelor’s degrees in nursing by awarding academic and clinical credit or waivers of academic and clinical credit for relevant education, experience, and skills acquired from their military service. The bill was passed favorably as amended by the House Higher Ed Subcommittee and the full House Education Committee.

Tucker Hipps Act (H.3398) To permanently authorize the Act and to repeal the three-year sunset provision. The bill was signed by the Governor last week.

State Institutions of Higher Education Enterprise Act (S.283) Is contested 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, was introduced in the House by Representatives Jason Elliott, Bruce Bannister and Gary Clary and referred to the House Ways and Means Committee.

Higher Education Opportunity Act (S.298) Remains on the Senate contested calendar. 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. Rep. Brian White introduced a companion bill (H.4576) which was referred to the House Judiciary.

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 was tabled by the House Higher Ed Subcommittee.

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 Committee adjourned debate on the bill last week.

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 it was voted favorably out of Ways and Means Subcommittee. The bill was amended by the House and returned to the Senate.

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.

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 sent to the Senate and referred to the Senate Education Committee.

The State Budget Process
The Appropriations Bill (H.4000) and the Capital Reserve Fund Bill (H.4001) are now in a conference committee which will negotiate the differences in the House and Senate versions.  The Conference Committee will begin their work tomorrow afternoon.

The members of the budget conference committee include:

Senate:
Senator Hugh Leatherman (R-Florence)
Senator Sean Bennett (R-Dorchester)
Senator Darrell Jackson (D-Richland)

House:
Rep. Murrell Smith (R-Sumter)
Rep. Todd Rutherford (D-Richland)
Rep. Gary Simrill (R-York)

Below is a summary of the items impacting Clemson University and Clemson PSA:

Clemson E&G
–      $5.7 million in recurring funding for in-state tuition mitigation was included in both House and Senate versions – dollars are locked in
–      $2.1 million in the Senate version ($1.1 million in recurring funding and $1 million in nonrecurring funding) for Health Innovation Extension programming (House funded $2.1 million nonrecurring) – final amount to be determined in conference
–      $5.9 million in nonrecurring funding for safety and security infrastructure and enhancements was included in both House and Senate versions – dollars are locked in
–      $4 million in nonrecurring funding for the Center for Advanced Manufacturing was included in both House and Senate versions – dollars are locked in

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

Other items include:
–      A proviso in the Senate version that establishes a maintenance and renovation fund for public higher education institutions
–      A proviso in the Senate version 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.

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



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