In Section 44-12-40 (4), the secretary shall have the authority to determine the appropriate course of treatment for patients with complex or co-occurring diagnoses necessitating the involvement of two or more component departments; My amendment struck this section entirely because any medical treatment or device should be between a patient and his or her physician. An alternative could have been to change the wording to read, "the secretary shall advise the appropriate course of treatment...."
In Section 44-1-80 (B)(3), The department and its agents must have full access to medical records and nonmedical records when necessary to investigate the causes, character, and means of preventing the spread of a qualifying health event or public health emergency. My amendment struck this section entirely because any emergency involving a communicable disease is already reported to the CDC, and having "full access to medical records and nonmedical records" is too broad and is contrary to HIPAA privacy laws. Again, this section could have been kept with some clarifying statements that only information specific to the spread of the disease would be accessible.
In Section 44-1-100. All sheriffs and constables in the several counties of this State and police officers and health officers of cities and towns must aid and assist the Director of the Department of Public Health and must carry out and obey his orders, or those of the Department of Public Health, to enforce and carry out any and all restrictive measures and quarantine regulations that may be prescribed....The public safety authority may request assistance from the South Carolina National Guard in enforcing orders made pursuant to this chapter or pursuant to Chapter 4. My amendment was to strike out all references to the secretary or Director having power over the SC National Guard, County Sheriff Departments, and local law enforcement. The key words here are "must aid and assist," and "must carry out and obey his orders to enforce and carry out...."
The only tenet of my amendment that was accepted was the one that was brought in an earlier amendment by the sponsor of the bill to clarify that the SC National Guard can only be deployed or activated by an order of the Governor. Somehow this amendment was considered "germane" even though it is clearly a policy issue, yet my amendment was ruled "not germane," because the bill was intended for restructuring, not for policy. This is an obvious conflict in the argument of what this bill's purpose was, and as stated before, I believe if we are going to grant this much authority to one person through restructuring, we had better limit that power/authority at the same time. For example, what if we have a breakout somewhere in our state between now and the next Session before the powers have been limited? Picture Dr. Linda Bell from DHEC during the pandemic having the power not only to determine the precise medical treatment for that next breakout for all our citizens, confiscate any medical or non-medical records deemed necessary, and order all Sheriffs and Police Departments to enforce her treatment plan? That is what H.4927 currently allows for, and if passed by the Senate and signed by the Governor as is, that will become the new law.
In closing, while I disagree with how this was handled and therefore could not in good conscience vote for the bill as it was presented with some amendments, I wholeheartedly believe it was right to divide the behemoth that had become DHEC and to restructure and streamline the various agencies. A little more effort to better communicate this bill and to limit the powers of this one new cabinet position even as we were granting them through the restructuring process would have made a big difference.
Supporting Small Businesses with Affordable Liquor Liability Insurance Solutions:
This week, the House Judiciary Committee passed H.5066, the “Fair Access to Insurance Requirements Fund,” which aims to provide an affordable liquor liability insurance option for businesses and individuals required to hold such coverage. Over the past few years, South Carolina has seen a huge uptick in the number of small businesses that have been forced to close because of the skyrocketing premiums they were being required to pay. This initiative seeks to alleviate the financial burden on these small businesses and ensure compliance with state laws. This legislation is set to move to the House floor next week, representing a proactive approach to supporting our local businesses while maintaining public safety and responsibility.
An Exciting Milestone for Education Choice:
One of the most significant achievements this year has been the successful launch of the Education Scholarship Trust Fund Program (ESTF), a testament to our commitment to enhancing educational opportunities. I was proud to have voted for and passed this bill last year and now coming full circle, this initiative offers eligible South Carolina families $6,000 scholarships to tailor their children's education. With the March 15th application deadline approaching, I encourage interested families to apply and take advantage of this innovative program designed to expand educational freedom and choice.
And the application process is as easy as 1-2-3…
Complete the simple online application. You will need:
a. Proof of guardianship (tax return with dependents listed, birth certificate, etc.
b. Proof of income (2022 or 2023 tax return documentation. If you don't file taxes, you’ll need to provide information on income.)
c. Proof of residency (driver's license or state-issued ID, utility bill, etc.)
Your application will be reviewed to verify eligibility and you will receive an email notifying you of the eligibility decision. The application review process and notification may take up to 14 days. To learn more about eligibility criteria, check out this handy FAQ.
Learn how to access and use scholarship funds.
a. Once a student is approved, you will receive a welcome email providing you with the next steps on how to access scholarship funds as well as allow you to access ongoing support and answer any questions you may have about how the program works.
As a reminder, families can use these flexible funds to pay for tuition, textbooks, curriculum and educational materials, as well as for tutoring, online courses and even a wide range of educational therapies including speech, physical, occupational and vision.
Building on this program, just this week, House leadership joined Education Superintendent Ellen Weaver to announce a proposal for universal school choice aimed at expanding the ESTF program. This new legislation seeks to grant universal eligibility to all families by the 2026-27 school year, enhancing educational opportunities across our state. This initiative underscores our commitment to empowering parents and students with more choices and better access to educational success, building upon the foundation laid by last year's landmark legislation.
Advocating for a Balanced Federal Budget:
In a decisive step towards ensuring fiscal responsibility and long-term economic stability, SC House Republicans, including myself, proudly passed H.3676 on Thursday. This pivotal legislation advocates for a balanced budget amendment to the US Constitution, addressing the critical need to rein in federal spending and combat the escalating US federal debt, now over $34 trillion and growing. My commitment to fiscal prudence and sustainable government finances is reflected in this effort to mandate balanced federal budgets, safeguarding the economic future of our nation and its citizens. The bill, which is a resolution to Congress, restricts the ability of the Article V Convention of States to explore or in any way change other aspects of the Constitution, thereby mitigating the risk of a "runaway" Convention.
South Carolina's Thriving Economic Landscape:
In the coming weeks, the House will debate next year’s state budget that reflects South Carolina's thriving economic landscape and our commitment to fostering a vibrant state. This preview of the $13.19 billion General Fund budget focuses on sustainable growth, fiscal responsibility, and efficient resource allocation. It includes over $1.4 million in tax relief to ease the financial burden on South Carolinians, substantial increases in state aid for teacher salaries to support our educators, continued investment in veterans' nursing homes, and an additional $200 million towards improving our deteriorating bridges. This budget aims to match our growth with the necessary expansion of state services, ensuring a brighter future for all South Carolinians.
Around the District and the Lowcountry:
On Wednesday, several residents of District 80 traveled up to Columbia to visit the State House for Bleeding Disorders Advocacy. They reached out to me in advance, and I, along with several of my fellow House Members met with them both to thank them for taking the time to visit and learn about legislation that would address some of their most pressing concerns.
If you ever have an issue that concerns you and would benefit either from specific legislation or the opportunity to draw attention to a serious problem, please reach out to me. We can schedule a State House visit and/or meeting with myself and other House Members who might be able to help. Plus, we always like to welcome folks from home to the House Chambers!
As February 2024, Black History Month drew to a close, the African American Settlement Community Historic Commission held a Finale on Friday night to celebrate the month-long activities regarding local history. The Finale as well as workshops and seminars throughout the month were hosted by Boone Hall Plantation in the newly opened and completely remodeled Gin House. Joe and I attended this event and were delighted to see many old friends as well as new ones who truly understand that the culture and fabric of Mount Pleasant and the Lowcountry are so special partly due to the rich tapestry of the Gullah Geechee traditions that evolved here. Thanks go to both John Wright, President of AASCHC, and his Board of Directors for all their hard work in planning this event and the whole month of activities, as well as Jim Westerhold and Rick Benthall of Boone Hall Plantation for their generous support in hosting Black History Month in Mount Pleasant. It was a true honor for me to be asked by John to address the folks gathered there and share my support as their District 80 State House Representative.
Thanks as always for your encouragement and input. Please let me know any concerns or questions you have. Have a great week ahead!
Warmest Regards,
Kathy
Representative Kathy Landing
South Carolina State House District 80