The House of Representatives concurred in Senate amendments legislation establishing a statewide program for addressing unsound school district finances. This will afford the state Department of Education authority that extends beyond simply academic matters to include fiscal affairs.
Under this legislation, the state Department of Education is to work with district superintendents and finance officers to develop and adopt a statewide program with guidelines for identifying fiscal practices and budgetary conditions that, if uncorrected, could compromise the fiscal integrity of a school district; and advising districts that demonstrate these financial problems on the corrective actions that should be taken. The department must establish three escalating levels of fiscal and budgetary concern so that the state superintendent of education can declare a "fiscal watch," a "fiscal caution" and a "fiscal emergency" with regard to school district finances.
The succeeding levels of budgetary concern carry increasingly stringent requirements for school district recovery plans, audits, and inspections as well as more intensive technical support from the state department. Should a school district’s finances warrant the most severe level of concern prompting the state superintendent to declare a "fiscal emergency," the state Department of Education is authorized to take intensive steps, including assuming control over the district’s financial operations, to preclude a default on any type of debt and prevent further decline in the district’s finances.
These provisions also apply to the statewide charter school district, and a variation of these fiscal accountability measures applies to special schools where a state agency operates as a local education agency, such as the educational programs of the Department of Juvenile Justice, the Wil Lou Gray Opportunity School and the Governor’s Schools.
The house also approved and enrolled a bill for ratification that provides the authorization for the Department of Motor Vehicles to issue University of South Carolina 2017 Women's Basketball National Champions special license plates.
The House also approved legislation that provides for comprehensive Probate Court revisions to bring greater statewide uniformity to the probate process, reduce costs for filing probate actions and enhance protections for the disabled, such as allowing for the appointment of a limited guardian when an incapacitated individual is capable of managing most of their affairs.
Also, the house approved legislation relating to legal immunity for surveyors volunteering during emergencies. This legislation establishes conditions for affording surveyors immunity from legal liability while volunteering their services during natural disasters and other declared state or national emergencies.
Likewise, the house approved and sent the Senate a bill establishing certain legal immunity for those seeking medical assistance for a drug- or alcohol-related overdose. This is meant to give encouragement to such individuals to obtain life-saving treatment. The legislation establishes conditions under which someone is exempt from prosecution for certain drug- and alcohol-related offenses while seeking medical attention for a drug- or alcohol-related overdose or assisting someone else to obtain medical treatment for an overdose.
The legislation also establishes civil and criminal immunity for law enforcement officers who arrest anyone who is later found to be qualified for the limited immunity provisions of this legislation.
The house also amended, approved and sent the Senate a bill enacting "Ryan's Law" which provides for more expansive health insurance coverage requirements for the treatment of autism. This legislation expands requirements for health insurers to provide coverage for autism spectrum disorder treatments so that these requirements apply not only to the state health plan and larger group health insurance plans, but also to health insurance policies for small employers and individuals.
Coverage requirements are also revised to eliminate the maximum yearly dollar amount imposed on coverage benefits for behavioral therapy and to remove eligibility restrictions that limit required coverage to individuals who are younger than 16 who have been diagnosed with autistic spectrum disorder at age 8 or younger.
The definition “autism spectrum disorder” within these insurance provisions is revised so that it means autism spectrum disorder as defined by the most recent publication of the Diagnostic and Statistical Manual of Mental Disorders or a pervasive developmental disorder as defined in any previous edition of the DSM.
This definition of “autism spectrum disorder” is also included in the South Carolina Intellectual Disability, Related Disabilities, Head Injuries, and Spinal Cord Injuries Act, which governs treatment services offered through the South Carolina Department of Disabilities and Special Needs.
Likewise, the house returned legislation to the Senate with amendments that allows for the option of including an autism designation on driver's licenses and special identification cards by establishing a process for someone to voluntarily disclose a medical diagnosis of autism to the Department of Motor Vehicles and provide documentation from a licensed physician in order to have a symbol included on these identification cards.
These provisions allowing an autism symbol to be included on ID cards are offered to reduce the likelihood of law enforcement officers misinterpreting movements and behavior during traffic stops and other interactions.
The house amended Senate amendments to the General Appropriations Bill and a joint resolution making appropriations from the Capital Reserve Fund. Together, these comprise the $26.9 billion state government budget for fiscal year 2017-18. The version of the budget approved by the Senate differs from the House-approved version in certain notable areas.
These include a base student cost for K-12 public education at $35 higher; an alternate mechanism for providing some of the funding offered as the first phase in an effort to make the state's pension systems financially sound; funding for an additional class of troopers; appropriations for the position of a director at the Department of Public Safety; funding for South Carolina's compliance with federal REAL ID requirements; and more expansive funding for the Conservation Bank.
The budget legislation was amended, in large part, to return it to the version approved by the house earlier this year. The General Appropriations Bill was also amended to include the comprehensive infrastructure funding and governance measures approved by the House earlier this year in other legislation.
The house returned a bill addressing the governance of Denmark Technical College to the Senate with amendments. This legislation makes provisions for all powers, duties and obligations vested in the Denmark Technical College Area Commission to be devolved upon the State Board for Technical and Comprehensive Education, during the time period beginning May 1, 2017, and ending Nov. 1, 2018. During this 18-month period, the state board is required to provide quarterly status reports to the chairmen of the Senate Finance and the House Ways and Means committees concerning its actions to stabilize Denmark Technical College. These actions include its operations, financial standing and the recruitment and retention of students.
The state board is also charged with studying the most effective, efficient delivery of technical college educational opportunities to Allendale, Bamberg and Barnwell counties and reporting its findings and recommendations to the governor and the legislative budget-writing committees by Feb. 1, 2018.
Finally, the house returned legislation to the Senate with amendments that establishes a process for billboard owners to follow allowing for the restoration of an outdoor advertising sign damaged by vandalism.
Rep. Cezar McKnight represents several precincts from Clarendon County in House District 101, along with Greeleyville and parts of Kingstree. He can be reached at (803) 212-6926.
