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The full Senate met in perfunctory session this week while the Senate Finance Committee debated and passed their version of the budget bill, H. 4025, and the Capital Reserve Fund bill, H. 4026. The budget will be debated on the Senate floor the week of April 21.
The House held numerous committee and subcommittee meetings and debated various bills on the floor throughout the week.
The Senate Finance Committee’s budget and bills of interest to counties are discussed below.
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2025-26 State Budget
Budget — H. 4025. The Senate Finance Committee adopted their version of the budget, which increased funding to the Local Government Fund (LGF) by $14,566,488 statewide. This represents full funding to the LGF under the statutory formula. See the estimated LGF county allocations for FY 2025-26.
Items funded in the Senate Finance Committee’s budget include:
- $66 million to cover a base pay increase for state employees (see proviso 117.141);
- $112 million to cover all the state employees’ and retirees’ share of a projected 4.6% increase in premiums for the State Health Plan (see proviso 108.6);
- $12 million in recurring money for the Rural County Stabilization Fund;
- $750,000 in recurring money for PTSD treatment for first responders;
- $3 million in recurring money to Labor, Licensing, and Regulation for the V-SAFE Fund;
- $3.784 million in recurring money for the Firefighter Cancer Benefit Plan;
- $1 million in recurring money to supplement the Councils of Governments;
- $1.1 million in additional recurring funding for State Aid to County Libraries to raise the per pupil funding to $2.75;
- $6 million to the Department of Parks, Recreation & Tourism for destination-specific marketing grants;
- $5 million in one-time money to the Housing Finance and Development Authority for first-time homebuyers workforce housing;
- $5 million in one-time money to the Rural Infrastructure Authority for the Rural Infrastructure Fund and $5 million for the statewide water and sewer fund;
- $35 million in one-time money and $1 million in recurring money to the Department of Commerce for LocateSC site readiness and $30 million in one-time money for airport enhancements;
- $10 million in one-time money to the Office of Resiliency for the Disaster Relief and Resilience Reserve Fund;
- $5 million in recurring money and $25 million in one-time money to the Conservation Bank for grant funding;
- $100 million in one-time money to the South Carolina Department of Transportation (SCDOT) for bridge modernization and $25 million for repairs needed due to Hurricane Helene;
- $5.35 million in recurring money to the Division of Aeronautics for airport safety and development;
- Over $198 million in one-time money to the South Carolina Emergency Management Division (SCEMD) to match Federal Emergency Management Agency (FEMA) funds for declared disaster relief (including Hurricane Helene) and $1 million for the revolving loan fund;
- $1.5 million in additional recurring money to the Department of Environmental Services (DES) for the air quality program and almost $3.5 million in additional recurring money for the drinking water program;
- $4 million to the Department of Health and Human Services in addition to $10 million from the federal government for opioid treatment services;
- Almost $4 million in recurring money to the Election Commission for annual election costs;
- Almost $20 million in new recurring money to the Department of Veterans’ Affairs for veteran homes; and
- $7.5 million in one-time money to the Attorney General’s Office for the Crime Victim Assistance “SAVS” Program.
Please thank the members of the Senate Finance Committee for keeping their promise to counties and working to return much-needed funding to county governments throughout the state!
Provisos
The Senate Finance Committee adopted the following new and amended provisos of interest:
67.CEC. DJJ: Capital Expenditure Charge. Requires local governments using the juvenile detention services provided by the Department of Juvenile Justice (DJJ) to pay a capital expenditure charge of $200 per day per child not to exceed 30 days to DJJ to cover capital expenditures and investments in the facilities that house such juveniles. This charge is in addition to the per diem charge of $50 that offsets operating expenses. If full funding is not received by the local governments, then the remainder of the funds due shall be transferred to DJJ from the Local Government Fund on behalf of local governments. The transfer to DJJ on behalf of the local government shall be deemed to have been distributed to the local government.
SCAC has been in negotiations with the director of DJJ and other stakeholders to work on a compromise on the per diem of these unadjudicated juveniles in response to S. 374, a bill that is currently on the Senate calendar. The per diem required under this proviso is five times what counties are currently paying! Please contact your senators and ask that they oppose this proviso.
117.PSR. GP: Political Subdivision Reimbursement. Requires manufacturing property currently receiving the partial value exemption to continue to receive the exemption in FY 2025-26. The proviso also increases the reimbursement cap from $170 million to $300 million. To the extent that funds exceed the amounts necessary to make the full reimbursement for the property tax exemption are unavailable, then the balance in the Trust Fund for Tax Relief may be expended to make the reimbursements in full.
43.RDE. FC: Response to Declared Emergencies. Transfers up to $3 million to the South Carolina Forestry Commission to help with the control and management of wildfires when declared as an emergency.
62.TP. SLED: PTSD Treatment Program. Allows coroners and deputy coroners to be eligible for the PTSD treatment program administered through the South Carolina Law Enforcement Division (SLED) and the South Carolina Law Enforcement Assistant Program.
73.RCC. ORS: Rural Community Centers. Directs the Office of Regulatory Staff to provide $250,000, subject to funding, to expand the availability of broadband, free wi-fi, and telehealth services in rural community centers.
84.WV. DOT: Waiver Valuations. Provides that for state or federal funds appropriated to SCDOT, cause estimates of $20,000 or less for uncomplicated acquisitions of real property—defined as those involving unimproved strips of land with no damage, no changes in highest and best use, or no significant cost to cure—are considered waiver valuations as defined by the Federal Highway Administration and shall not be subject to the Uniform Standards of Professional Appraisal Practice.
100.PAP. ADJ: Public Assistance Program. Creates a public assistance program to support disaster recovery under SCEMD, in coordination with the Office of Resilience. This program may be used by local governments who experience a disaster that is localized, and the statewide damage meets the FEMA threshold of $9 million.
27.1. LIB: Aid to Counties Libraries Allotment. The Senate Finance Committee amended this existing proviso. The amount appropriated for "Aid to County Libraries" shall be allotted to each county on a per capita basis according to the official U.S. Census for 2020, as aid to the County Library. No county shall be allocated less than $150,000 under this provision. The amendment requires the funds to be distributed in two equal installments. It also requires that county libraries have an adopted policy in place that they do not offer books or materials that appeal to the prurient interest of children under 17 in the children's, youth, or teen book sections and are only made available with explicit parental consent. A failure to adopt such a policy will result in immediate withholding of the allocation. If the local legislative delegation presents evidence that these requirements are not being met by a county library, the delegation may request a comprehensive review of the certification by the State Library. All remaining funds shall be withheld until the State Library verifies full compliance and issues a written determination of compliance to the delegation.
55.26. DES: Permitting Timeframes. Requires DES to issue a decision on a completed application for a permit no later than 90 days after the date the application is received by the department. DES and the applicant may mutually agree in writing to extend this review period, and the department may not stop, stay, or otherwise alter the review period without a written agreement. The Senate Finance Committee amended this proviso to exclude energy projects whose timeframes are set forth in their version of the comprehensive energy bill, H. 3309.
102.1. ELECT: County Board of Voter Registration and Elections Compensation. The Senate Finance Committee amended this existing proviso to increase the compensation rate of board members from $1,500 for each member to $2,500 for each member and from $13,500 per county to $22,500 per county.
108.6. PEBA: State Health Plan. The House version amended the existing proviso relating to employer premium increases to update the plan year reference and to provide for a subscriber increase of $36.76 per month. The Senate Finance Committee amended the proviso to have the state cover the state employee and state retirees’ share of the increase.
117.164. GP: Land Acquisition. The Senate Finance Committee amended this existing proviso to provide that for the funds distributed in the current fiscal year, the S. C. Conservation Bank must follow guidelines that resource agencies have put in place regarding land acquisition. This decision will then go before the Joint Bond Review Committee and once approved, the Department of Administration will determine which agency is best suited to oversee the project.
117.105. GP: Refugee Resettlement Program. The Senate Finance Committee amended this existing proviso to remove a county council’s authority to approve a refugee resettlement program before state funds can be expended.
The Senate Finance Committee adopted the following provisos of note that were added in the House version of H. 4025:
118.20. SR: Homestead Exemption Fund. Amends the existing proviso to direct over $121,000,000 in one-time money from the Homestead Exemption Fund to be distributed as a one-time, nonrecurring appropriation by Sept. 30, 2025, to the General Fund to provide income tax relief.
117.141. GP: Employee Compensation. Amends the existing proviso to provide a salary increase to state employees. Salaries shall be increased to either the minimum of the new state pay grades established by the Department of Administration, or 2%, whichever is greater.
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Revenue, Finance and Economic Development
Redevelopment Authorities: Tax Increment Financing for Affordable Housing — H. 3333. This bill adds certain affordable housing projects to what qualifies as a redevelopment project of a federal military installation, known as a Redevelopment Authority (RDA). It includes an affordable housing project (defined referencing median income percentages according to the U.S. Department of Housing and Urban Development) where all or a part of new property tax revenues generated in the tax increment financing district (TIF) are used to provide or support publicly and privately owned affordable housing in the district or are used to provide infrastructure projects to support affordable housing. It also extends the bonding period for redevelopment projects from 15 years to 35 years, allowing municipalities to spend TIF dollars outside of the RDA for items such as infrastructure support. The House gave H. 3333 second and third readings, sending it to the Senate.
Property Tax After Death — H. 3841. This bill allows that when a property owner dies, property receiving the owner-occupied ratio will continue to receive this ratio until the decedent’s estate is closed, upon recording or deed of distribution, or after Dec. 31 of the year following the date of death, whichever occurs first. This provision only applies if the property is not rented. The bill applies to property tax years after 2024. The exemption applies to primary residences and homestead properties. The House gave H. 3841 second and third readings this week, sending the bill to the Senate.
Continuing Resolution — S. 291. This bill allows for the continuing authority to pay the expenses of state government at the levels appropriated in Act 226 of 2024 if FY 2025-26 begins without a General Appropriations Act and provides for exceptions. The House gave S. 291 second and third readings this week, and the bill will be enrolled for ratification.
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Public Safety, Corrrections and Judicial
Law Enforcement/Judicial Personal Privacy Protection — S. 126. This is a cleanup bill for Act 56 of 2023, the Law Enforcement/Judicial Personal Privacy Protection Act. S. 126 requires that any personal contact information of an active or former law enforcement officer or an active or former member of the judiciary (eligible party) accessible by a database or an image of an official record placed on a publicly available internet website maintained by or operated on behalf of a state or local government agency be restricted and must not be disclosed to the public if the eligible party has filed a formal request with the agency. The requester must specify which documents contain their personal information. This is an SCAC policy position. The South Carolina Criminal Justice Academy is responsible for creating the request form for law enforcement officers, and South Carolina Court Administration is responsible for creating the form for members of the judiciary. The agencies must coordinate to ensure that the request forms are uniform. In addition to filing the request form, the eligible party must also submit a notarized affidavit affirming their current or former employment along with employer contact information. If an eligible party buys a new home, they are responsible for filling out a new request form. An agency is not liable for a claim for damage for any personal contact information on a public record. The personal contact information restriction does not apply to the following:
- a title insurer or its affiliate;
- a title insurance agent or agency;
- a licensed South Carolina attorney or a person appointed in writing by said attorney to receive the restricted information; or
- personal contact information included on a business filing or Uniform Commercial Code filing recorded with the South Carolina Secretary of State.
Other notable changes contained in S. 126 include:
- delaying the effective date of Act 56 from July 1, 2025, until Jan. 1, 2026;
- making the completed request forms, and any related documents, exempt from disclosure;
- authorizing a governmental agency to require additional information from the requestor in addition to the request form and affidavit; and adding the personal representative of a deceased eligible party and a professional engineer or land surveyor or their designee to the list of people that can access the restricted personal contact information.
The House gave S. 126 second and third readings this week, and the bill will be enrolled for ratification.
Second Amendment Financial Privacy Act — H. 3930. This bill creates “The Second Amendment Financial Privacy Act” to prohibit a government entity, including local governments but excluding local law enforcement conducting legitimate criminal investigations, from keeping records of privately owned firearms. The House gave H. 3930 second and third readings this week and sent the bill to the Senate.
Law Enforcement/Emergency Medical Service Autism Training — H. 3285. This bill revises the Continuing Law Enforcement Education Credit requirements in South Carolina to require a program on autism spectrum disorder. The bill also requires all EMTs to complete training in autism spectrum disorder. The House gave H. 3285 second and third readings this week, sending the bill to the Senate.
| | Assault and Battery — S. 346. This bill amends the statute on assault and battery to state that unlawfully injuring a health care professional during their duties, or injuring someone in a health care facility, constitutes high-and-aggravated assault and battery, with specified penalties. A Senate Judiciary subcommittee adopted an amendment to include correctional facility employees, including local detention center employees. This is an SCAC policy position. The subcommittee gave the bill a favorable report, as amended, and S. 346 will be on the next full committee’s agenda. | | | |
Pending Gun Charges — S. 136. This bill requires the dismissal of certain unlawful handgun possession charges from before the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024. It also provides that this dismissal does not necessitate dismissing related charges or serve as a basis for civil actions from the arrest. The House Judiciary General Laws subcommittee gave the bill a favorable report.
Firefighters Workers’ Compensation Coverage — H. 3163. This bill revises the list of existing occupational diseases that are currently compensable under the South Carolina Workers’ Compensation Law to include the occurrence of a stroke as one of the conditions that are presumed to have “arisen out of and in the course of employment” for firefighters. SCAC staff testified in support of an amendment to the bill clarifying that this presumption only applies if the condition or conditions develop while a firefighter is actively engaged in fighting a fire, participating in a technical rescue incident or training exercise that involves stressful or strenuous physical activity, or within 24 hours thereof. The presumption does not apply to clerical, administrative, or sedentary activities. The House Labor, Commerce and Industry Committee adopted the subcommittee amendment and gave H. 3163 a favorable report, as amended. The bill is pending third reading on the House calendar.
Failure to Stop — H. 3127. This bill increases the penalties for failure to stop when signaled by law enforcement. The bill also lists several aggravated factors that can affect sentencing:
- the person's recorded speed exceeded 100 mph;
- the person was driving on the wrong side of the road;
- the person threw drugs, drug paraphernalia, or weapons from their vehicle;
- the person drove their vehicle toward another vehicle in a manner to purposely scare another person or intimidate a pursuing officer;
- the person fled from the scene on foot after the pursuit ended;
- the person collided with another person during the pursuit; or
- the person was involved in a collision that resulted in property damage.
The House amended the bill to include two additional aggravating factors: the person threw drugs from the vehicle and the amount was enough to warrant a charge of possession with intent to distribute or the person threw a weapon from the vehicle. The bill was given second and third readings as amended and sent to the Senate.
Hands-Free Driving — H. 3276. This bill creates the “South Carolina Hands-Free and Distracted Driving Act” to enhance the provisions of the state’s current hands-free statute and to increase the penalties under the new act. The bill offers several exceptions, including use by a first responder while performing official duties. The bill also shifts 25% of the fine and fee revenue that would otherwise flow to counties to the Department of Public Safety for use to educate the public on the dangers of distracted driving. The House made the following amendments to the bill:
- for a second or subsequent offense, a person must be fined $200 and have two points assessed against their driver’s license;
- a violation of this provision must not be reported to the driver’s vehicle insurance provider;
- a law enforcement officer may not stop a person for a violation of this law unless they have probable cause that a violation has occurred based on the officer's clear and unobstructed view of a person who is using a wireless electronic communication device;
- for the first 180 days of the enactment of this bill, a law enforcement officer may only issue a warning ticket.
The House gave H. 3276 as amended second and third readings and sent it to the Senate.
Penalties for Starting Wildfires — H. 4265. This bill increases the penalties for starting or causing a wildfire. For a first offense, a person is guilty of a misdemeanor and may be fined no less than $1,000 but no more than $5,000 and may be imprisoned for up to one year. For a second or subsequent offense, they may be fined no less than $2,000 but no more than $25,000 and may be imprisoned for up to three years. The House Criminal Laws subcommittee adjourned debate on this bill.
Fentanyl/Drug-Induced Homicide — S. 156. This bill establishes fentanyl-induced homicide as a felony offense against the person who unlawfully delivers, dispenses, or otherwise provides fentanyl to a person who dies after injection, inhalation, absorption, or ingestion of any amount of the substance. It is punishable by imprisonment for no more than 30 years. Further, it prohibits a defense from being established due to a decedent contributing to their own death by their purposeful, knowing, reckless, or negligent consumption of the fentanyl-related substance or by consenting to the administration of the fentanyl-related substance by another person. The House adopted a committee amendment to require that fentanyl be the direct cause of the death, gave the bill second and third readings and sent it back to the Senate.
Retirement System for Judges and Solicitors — H. 4300. This bill vests a judge, solicitor, or circuit public defender in the retirement system for judges and solicitors after eight years of earned service. It also raises the mandatory retirement age under the system from 72 to 74. The House Judiciary Constitutional Law subcommittee gave the bill a favorable report.
Magistrates Court Representation — H. 3335. This bill authorizes a Housing Authority to designate a non-attorney to represent them in magistrates court. The House Judiciary Constitutional Laws subcommittee gave this bill a favorable report, and it will be on the next full committee’s agenda.
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Roads/Procurement Contracts — H. 3801. This bill amends the State Procurement Code to include planning for repairs to bridges, highways, roads, and improvements on state rights of way as exemptions. Exemptions do not apply to welcome centers operated by the Department of Parks, Recreation & Tourism. The House gave H. 3801 second and third readings this week, sending the bill to the Senate.
Utility Relocation During Transportation Projects — H. 3768. This bill extends the sunset provisions relating to transportation improvement projects in Act 36 of 2019 from July 1, 2026, to July 1, 2031. This act sets forth a system of cost-sharing for the relocation of utilities during transportation projects. The House gave H. 3768 second and third readings this week, sending the bill to the Senate.
Personal Delivery Devices — H. 3129. This bill regulates the operation of personal delivery devices (PDDs) in public areas, allowing businesses to use them on sidewalks and highways under specific conditions, such as speed limits and safety requirements. Local governments can regulate PDD operations but cannot prohibit their use. PDDs must be monitored by an operator, equipped with safety features like lights and braking systems, and have insurance coverage for liability. The provisions contained in H. 3129 would be repealed three years after their enactment. The House Labor, Commerce, and Industry Committee adopted an amendment to limit PDD use to sidewalks and crosswalks and to set a maximum speed of eight miles per hour unless there is an emergency. The Committee gave H. 3129 a favorable report as amended, and the bill as amended is pending third reading on the House calendar.
Coastal Permitting — H. 3931. This bill sets timelines for DES to act on certain permit applications. The House Labor, Commerce, and Industry Committee adopted an amendment to increase the timeline from 30 days to 90 days per DES request. The committee gave H. 3931 a favorable report as amended, and the bill is pending second reading on the House calendar.
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 | | Freedom of Information Act (FOIA) — S. 6. This bill would require a public body to respond to and produce documents for a FOIA request within five business days from the request, excluding weekends and holidays. If a public body indicates that it is practically not possible to produce the requested documents or information within the five days and provides a specific basis for why it is not practical, the public body will have an additional seven days to produce the documents. However, there is nothing in the bill to define what constitutes a specific basis for not being able to produce the documents. The bill also allows a public body to petition the appropriate court for additional time to respond to a request for records when the request is for an extraordinary volume of records or requires an extraordinarily lengthy search, and a response by the public body within the timeframe will prevent the public body from meeting its operational responsibilities. Before proceeding with the petition, however, the public body shall make reasonable efforts to reach an agreement with the requester concerning the production of the records requested. After hearing testimony from several interested parties opposing the bill, including SCAC, a Senate Judiciary subcommittee carried over the bill.
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Veterans’ Homes — S. 218. This bill deals with the transfer of South Carolina veterans’ homes from the Department of Mental Health to the Department of Veterans Affairs (DVA). It requires the DVA to adopt and implement criteria, policies, and procedures for admissions to and discharges from these veterans’ homes. Additionally, the bill requires the DVA to establish and collect fees for residency and services provided by the veterans’ homes. Finally, it allows the DVA to receive state and federal benefits for the veterans’ homes. The House gave S. 218 second and third readings, and the bill is enrolled for ratification.
Oversight of County Veterans’ Affairs Offices — H. 3563. This bill requires the secretary of the DVA to evaluate each county office annually to assess service levels and procedural compliance. If deficiencies are found, the DVA will help develop a corrective action plan and re-evaluate within six months. The secretary must also submit a written report of the final inspection results to the legislative delegation and county administrator within 90 days. Additionally, a county officer who does not participate in the evaluation will be ineligible for reappointment by the county legislative delegation. The Senate Family and Veterans’ Services Committee gave H. 3563 a favorable report, and the bill will be on the next full committee’s agenda.
Military Advisory Council — S. 89. This bill renames the South Carolina Military Base Task Force to the South Carolina Military Affairs Advisory Council. Additionally, the bill revises the council's mission and increases its membership by adding the chief executive officer of the Aiken Chamber of Commerce, the chairperson of Aiken County Council, and the mayor of North Augusta. The bill also requires the Council to meet at least once each calendar year. The House adopted a committee amendment adding the chairperson of Edgefield County Council to the Advisory Council and then adjourned debate on the bill.
Alcohol Licensing — H. 4000. This bill authorizes the Department of Revenue to issue a biennial permit or license for the sale of on-premises consumption of alcohol by the drink to a nonprofit corporation that manages a performing arts and convention complex, regardless of whether or not the county has passed a referendum for a temporary permit to sell alcohol by the drink. A House Judiciary subcommittee gave H. 4000 a favorable report, and the bill will be on the next full committee’s agenda.
Office of Behavioral Health — S. 2. Last session, a bill to create the Executive Office of Health Policy died after the House and Senate could not come to an agreement. This year, the Senate introduced S.2 to create the Department of Behavioral Health and Developmental Disabilities. The bill strikes the Departments of Aging; Alcohol and Other Drug Abuse Services; Disabilities and Special Needs; and Mental Health from the list of departments under the executive branch. The proposed new department’s director, appointed by the governor with the advice and consent of the Senate, has numerous duties and responsibilities, including establishing and appointing members to a health planning advisory committee tasked with developing a comprehensive plan for services that various offices must provide.
The House Medical, Military, Municipal, and Public Affairs Committee adopted a subcommittee amendment that makes technical changes and requires oversight and annual reporting to the General Assembly by the Department of Behavioral Health and Developmental Disabilities. The House adopted the committee amendment and gave S.2 second and third readings this week. The bill will go back to the Senate for consideration of the House amendment.
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