Indicates Matter Stricken

Indicates New Matter

 

Committee Report

February 19, 2026

 

H. 5205

 

Introduced by Reps. McGinnis, Erickson, Grant and Spann-Wilder

 

S. Printed 2/19/26--H.

Read the first time February 18, 2026

 

________

 

The committee on House Education and Public Works

To whom was referred a Bill (H. 5205) to amend the South Carolina Code of Laws by adding Article 4 to Chapter 101, Title 59 so as to require each public college, university, and technical college in, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

SHANNON ERICKSON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill requires colleges, universities, and technical colleges to develop and implement a comprehensive safety training program for all new students, delivered during initial orientation or within the first 30 days of arrival on campus, with exemptions for certain non-traditional and transient students. The bill requires the training program to be developed by each institution's public safety director in coordination with institutional leadership or contracted security personnel and could include orientation sessions, first-year experience courses, online modules, or similar delivery methods. The bill states that the president of the USC System, in coordination with the governing board, must work to ensure the implementation at the system campuses. The safety training would cover topics such as personal safety and situational awareness, emergency procedures, access to campus security services, prevention of and response to sexual assault and dating violence, behavioral intervention team resources, and bystander intervention and reporting practices. Institutions would be required by the bill to tailor the program to their campus needs while ensuring these criteria and requirements are met. Each institution of higher learning must report annually to CHE, and each technical college must report annually to the Tech System, a summary of the safety training program, methods of delivery, and any associated training materials.

The bill also requires institutions of higher learning to submit their annual security report required by the Clery Act to CHE or the Tech System as well as SLED by October 31 of each year for ensuring compliance with the bill. CHE, the Tech System, and SLED must make the reports publicly available on its website no later than November 15 of each year and must provide a composite report to the respective chairs of the House Education and Public Works Committee and the Senate Education Committee no later than December 1 of each year. The bill states that nothing may be construed to require disclosure of personally identifiable information or limit, modify, or otherwise affect the duties of institutions of higher learning under the Clery Act or other applicable federal requirements. Institutions are required to make publicly available on their websites the campus safety plan or plans to the extent that such plans are not confidential, sensitive or protected from public disclosure. The plans must also be reviewed and updated at least once per academic year.

CHE and the Tech System must maintain a record of the institutions that submit the annual reports, and by December 1 of each year, must determine whether each institution has complied with the provisions of the bill for that calendar year. By January 1 of each year, CHE and the Tech System must notify the respective chairs of the House Education and Public Works Committee, the Senate Education Committee, House Ways and Means Committee, and the Senate Finance Committee of any institution not in compliance with the bill, and the House Education and Public Works Committee, the Senate Finance Committee, or both may recommend a reduction or suspension in institutional funding for the following fiscal year to the House Ways and Means Committee and the Senate Finance Committee and refer a finding of noncompliance to the Attorney General who may bring an enforcement action in the circuit court of appropriate jurisdiction. The bill takes effect upon approval by the Governor and first applies to students enrolling for the academic year beginning in the fall of 2027 with the annual summary analysis data first produced in November 2027.

 

State Institutions of Higher Learning. Based on feedback provided for similar legislation from USC, Clemson, MUSC, CCU, CofC, Winthrop, and Lander, this bill may result in additional expenses for state institutions of higher learning. USC, Clemson, MUSC, CofC, and Lander previously indicated that the impact would be minimal based on current crime reporting requirements, and that any additional expenses would be managed by existing institutional budgets. CCU indicated that some training materials will need to be developed internally, and several emergency preparedness training videos will be purchased from external vendors. As a result, CCU indicated additional expenses of approximately $20,000 in FY 2026-27 and $15,000 each year thereafter, which will be covered by existing departmental resources. Winthrop reported that additional expenses of $15,000 per year beginning in FY 2026-27 will be incurred for additional training modules to comply with the bill and that additional General Funds would be needed to cover these costs.

Commission on Higher Education. CHE indicated on similar legislation that the review and reporting requirements, website publication, legislative composite reporting, compliance monitoring and determination, and noncompliance notifications would require an additional 185 to 255 staff hours per year. CHE reported that this equates to approximately 0.15 FTEs, with pro-rated salary and fringe expenses of $12,895. Therefore, this bill is expected to increase General Fund expenditures by approximately $12,900 beginning in FY 2026-27. The agency indicated that additional General Funds would be needed to cover the additional personnel costs.

 

Technical College System. The Tech System reported on similar legislation that the implementation of the safety training program would have a minimal fiscal impact, since most technical colleges currently have a safety program in place. The system indicated that some costs may be incurred at state technical colleges as a result of the public safety director developing the training. However, those costs would be minimal and managed within existing resources for the technical colleges.

 

Office of Attorney General. The OAG previously indicated on similar legislation that any enforcement actions against institutions of higher learning not in compliance with the bill would take place under normal office operations. Therefore, this bill is not expected to have an impact on the OAG.

 

State Law Enforcement Division. This bill is not expected to result in a fiscal impact for SLED, as we anticipate that managing the reporting requirements will be managed under normal agency operations.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 4 TO CHAPTER 101, TITLE 59 SO AS TO REQUIRE EACH PUBLIC COLLEGE, UNIVERSITY, AND TECHNICAL COLLEGE IN THIS STATE TO IMPLEMENT A SAFETY TRAINING PROGRAM FOR ALL NEW STUDENTS, TO PROVIDE EXCLUSIONS FROM THE PROGRAMS, TO PROVIDE REQUIREMENTS OF THE PROGRAMS, TO REQUIRE EACH INSTITUTION TO COMPILE AND ANNUALLY REPORT CERTAIN CAMPUS CRIME STATISTICS, AMONG OTHER THINGS, TO PROVIDE ADDITIONAL REPORTING REQUIREMENTS, AND TO PROVIDE ENFORCEMENT MECHANISMS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 101, Title 59 of the S.C. Code is amended by adding:

 

Article 4

 

College Safety Training Programs for Students

 

    Section 59-101-810.  As used in this article:

       (1) "Institution of higher learning" means each public college, public university, and technical college in this State.

       (2) "Public safety director" means the director or equivalent designated leader of a campus public safety department.

       (3) "Campus public safety department" means the division of an institution of higher learning that provides law enforcement and safety services to the institution.

       (4) "Affiliated" means anyone who possessed or possesses a valid campus identification at the time the alleged crime occurred including, but not limited to, students, faculty, staff, and contractors.

 

    Section 59-101-820.  (A) Each institution of higher learning shall develop and implement a safety training program for all new students. The training must be administered during the student's initial orientation or within the first thirty days of the student's arrival on campus. The provisions of this subsection apply to undergraduate and graduate students who are enrolled on a full-time or part-time basis and physically attend class on campus. The provisions of this subsection do not apply to:

       (1) students who are only enrolled in adult education, dual enrollment, or certificate programs;

       (2) continuing education students; and

       (3) transient students.

    (B)(1) The training program for an institution of higher learning to which the provisions of this article apply pursuant to subsection (A) must be developed by the institution's public safety director, in coordination with the institution's president and governing board. In the absence of a campus public safety department, a technical college shall contract with the security personnel that it uses on campus to develop and implement the student safety training in coordination with the president and governing board.

       (2) Notwithstanding the provisions of item (1), the president of the University of South Carolina system, in coordination with the governing board, shall work with the appropriate administrative personnel, public safety personnel, or both at each system institution to ensure that each campus implements a training program as required by this chapter.

        (3) The content, format, and delivery method of the training must be determined by each institution and may include orientation programs, first-year experience courses, online modules, or any other methods considered appropriate by the institution.

    (C) The student safety training program must include information and instruction on the following topics:

       (1) personal safety and situational awareness on campus;

       (2) emergency procedures, including evacuation, lockdown, and shelter-in-place protocols;

       (3) how to access campus security services, emergency alerts, and communication systems;

       (4) prevention of and response to sexual assault, dating violence, domestic violence, and stalking, including Title IX rights and reporting procedures;

       (5) the role and contact information of the institution's behavioral intervention team or threat assessment team, if applicable;

       (6) bystander intervention strategies and safe reporting practices; and

       (7) information on campus mental health resources and crisis response protocols.

    (D) Institutions may tailor their training to the unique needs, size, and resources of their campus, and may include additional topics as considered appropriate.

    (E)(1) Before January thirty-first of each academic year:

           (a) each public college and university shall submit an annual report to the Commission on Higher Education; and

           (b) each technical college shall submit an annual report to the State Board for Technical and Comprehensive Education.

       (2) The report required in item (1) must include a summary of the student safety training program, the methods of delivery, and any associated training materials.

    Section 59-101-830.  (A)(1) Each institution shall submit its annual security report, which is required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. section 1092(f), and the summary analysis described in subsection (B) to the Commission on Higher Education or the State Board of Technical and Comprehensive Education, as appropriate, and the South Carolina Law Enforcement Division no later than October thirty-first of each year. The annual security report and the summary analysis described in subsection (B) shall cover the time period of January first through December thirty-first of the preceding calendar year. Each institution shall:

           (a) post direct access to its report and annual summary analysis on its internet website when it provides the report to the commission or state board and the South Carolina Law Enforcement Division no later than October thirty-first of each year; and

           (b) email direct access to the report and annual summary analysis to students before the first day of the class during the following fall semester, excluding students enumerated in Section 59-101-820(A)(1)-(3).

       (2) The commission, state board, and state law enforcement division shall:

           (a) make these reports and annual summary analyses publicly available on their respective websites by use of not more than three links and no later than November fifteenth of each year; and

           (b) provide a composite summary report of each of these reports to the respective chairs of the House Education and Public Works Committee and Senate Education Committee no later than December first of each year.

    (B) Each institution shall compile and report, as required in Section 59-101-830(A), an annual summary analysis including the number of criminal reports alleging homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle larceny, and arson reported to have occurred on property owned, leased, or controlled by the institution. The annual summary analysis shall, to the extent possible, report whether the alleged victim and alleged offender were affiliated with the institution at the time the crime was reported.

    (C) Although the reporting obligation under this section is annual, if the Speaker of the House, President of the Senate, Chairman of the House Education and Public Works Committee, or Chairman of the Senate Education Committee determines that concerns exist regarding campus safety or crime reporting, the Speaker of the House, President of the Senate, Chairman of the House Education and Public Works Committee, or Chairman of the Senate Education Committee may submit a written request for campus crime data at any time. Upon such a request, the institution must provide the requested data within thirty calendar days after receipt of the request.

    (D) Nothing in this section may be construed to require disclosure of personally identifiable information or information that would compromise an ongoing criminal investigation.

    (E) Nothing in this section may be construed to limit, modify, or otherwise affect the duties of institutions of higher learning under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. section 1092(f), or to relieve any institution from complying with all applicable federal reporting and disclosure requirements.

 

    Section 59-101-840.  (A) Each institution shall make publicly available on its website its campus safety plan or plans, to the extent that such plans are not confidential, sensitive, or otherwise protected from public disclosure under state or federal law.

    (B) If an institution does not currently have a campus safety plan, it shall develop and implement one in coordination with the institution's public safety director, president, and board of trustees. The institution shall then post the nonconfidential portions of the plan on its website.

    (C) Institutions must review and update their posted safety plans at least once per academic year. A posted safety plan must include the date of its issuance and most recent update if any update has been made.

 

    Section 59-101-850.  (A) The Commission on Higher Education and State Board for Technical and Comprehensive Education respectively shall maintain a record of institutions that submit the annual reports required pursuant to Section 59-101-820(E) and Section 59-101-830.

    (B) By December first of each year, the Commission on Higher Education and State Board for Technical and Comprehensive Education shall determine whether each institution under its respective purview has complied with the provisions of this article for that calendar year.

    (C) By January first of each year, the Commission on Higher Education and State Board for Technical and Comprehensive Education shall notify the respective chairmen of the House Education and Public Works Committee, the House Ways and Means Committee, the Senate Education Committee, and the Senate Finance Committee of any institution that is not in compliance with the provisions of this article. The House Education and Public Works Committee, the Senate Finance Committee, or both may:

       (1) recommend a reduction or suspension in institutional funding for the following fiscal year to the House Ways and Means Committee and the Senate Finance Committee; and

       (2) refer a finding of noncompliance to the Attorney General who may bring an enforcement action in the circuit court of appropriate jurisdiction.

 

SECTION 2.  This act takes effect upon approval by the Governor and first applies to students enrolling for the academic year beginning in the fall of 2027 with the annual summary analysis data being first produced in November 2027.

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