|
The Senate spent the week debating H. 3309, the comprehensive energy reform bill. Members worked late into the night Wednesday debating over 30 amendments before giving the bill a second reading. The Senate gave the bill a third reading Thursday, sending H. 3309 back to the House for consideration of the Senate amendments.
The House debated and passed H. 3927, a bill relating to diversity, equity, and inclusion (DEI) practices at state agencies and political subdivisions including local governments. A House Ways and Means subcommittee debated and passed a bill (H. 4216) to lower the state income tax to a flat rate of 3.99%, but the bill stalled in full committee amid concerns that the bill needs amending.
These and several bills of interest to counties are discussed below.
| |
Revenue, Finance and Economic Development
Redevelopment Authorities: Tax Increment Financing for Affordable Housing — H. 3333 and S.190. These bills add certain affordable housing projects to what qualifies as a redevelopment project of a federal military installation, known as a Redevelopment Authority (RDA). They include 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. They also extend 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 Medical, Military, Public, and Municipal Affairs Committee gave H. 3333 a favorable report, and the bill is pending second reading on the House calendar. Last week the Senate amended S. 190 by removing Section 3, which defined a closed or realigned military installation, and gave the bill second reading. The Senate gave the bill third reading this week, sending it to the House.
State Auditor — H. 3430. As introduced, this bill authorizes the governor to appoint or remove the state auditor, with advice and consent of the Senate. The Senate adopted an amendment to create the Department of Governmental Auditing, headed by the state auditor. Independent annual audits of all financial records of the county must be filed with the Department of Governmental Auditing instead of the State Treasurer’s Office.
The amendment also establishes a Division of Local Government Services (Division) under the state auditor to be headed by a deputy auditor. The periodic audits of financial records of the county treasurers, clerks of court, and magistrates, previously performed by the state auditor, will now be performed by the Division. The Division may use funds appropriated to the Department of Governmental Auditing for innovative auditing, accounting or local government assistance services that improve the quality or increase the range of services offered to local governments to accomplish accurate, efficient, and transparent financial reporting. Any request by a county for an extension to file their annual audit report must be made with the Division. The Senate gave H. 3430 second and third readings, sending the bill to the House.
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 Ways and Means Committee gave H. 3841 a favorable report, and the bill is pending second reading on the House calendar.
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 Ways and Means Committee gave S. 291 a favorable report, and the bill is pending second reading on the House calendar.
| |
| | The State House grounds is in bloom with April flowers. | | | |
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 Judiciary Committee gave S. 126 a favorable report, and the bill is pending second reading on the House calendar.
Ejectment of Squatters — H. 3387. This bill provides a procedure to eject someone who illegally occupies another person’s home, commonly known as squatting. It allows the lawful owner of the property to file a petition with the clerk of court or chief magistrate of the county in which the property is located. One provision in the bill allows the property owner to request a sheriff’s presence while they change the locks and remove the squatters’ belongings. The sheriff may charge a reasonable fee for this service. The bill also provides immunity to the sheriff for any damage or destruction of the squatters’ property. A person wrongfully removed under these provisions may bring a civil action to regain access to the property. They may also be awarded damages and court costs. The House Judiciary Committee amended the bill to allow an authorized agent or personal representative of the property to file the petition for ejectment. It also allows a constable to enforce an ejectment order. Finally, the amendment makes changes to the process to stay an ejectment order. The House adopted the committee amendment and another amendment to allow the removal of cars from parks under certain circumstances, before giving the bill second and third readings, sending H. 3387 to the Senate.
Second Amendment Financial Privacy Act — H. 3930. This bill creates “The Second Amendment Financial Privacy Act” to prohibit a government entity, including local government but excluding local law enforcement conducting legitimate criminal investigations, from keeping records of privately-owned firearms. A House Judiciary Committee gave H. 3930 a favorable report, and the bill is pending second reading on the House calendar.
Law Enforcement/EMS 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 Judiciary Committee gave H. 3285 a favorable report, and the bill is pending second reading on the House calendar.
| | | | |
Above: SCAC Staff Attorney Avery Upchurch testifies at a House Labor, Commerce and Industry subcommittee hearing on a bill about amateur radio antenna ordinances.
Left: Aiken County Register of Deeds Julie Stutts (left) and Dorchester County Register of Deeds Margaret Bailey (right) attended a House Judiciary Committee meeting this week as it took up a bill on the law enforcement/judicial personal privacy protection.
| | Land Use, Natural Resources and Transportation | | |
Energy Bill — H. 3309. This bill enacts the “South Carolina Energy Security Act” to address the state’s energy needs over the next decade. The Senate adopted several amendments on the floor including language to:
- Remove the language in Section 18 that added electric plants and associated facilities that require a footprint of more than 125 acres of land to the definition of major facilities, thereby subjecting them to approval from the Public Service Commission. This amendment allows local laws and regulations on these facilities to remain in place;
- Defines a “commercial data center” and suspends the current sales tax exemption and other state tax incentives regarding computer equipment, electricity, or fuel used by operators of data centers if the taxpayer enters into a fee-in-lieu agreement after May 30, 2025;
- Establishes statewide design and development standards that are only applicable for a county that has not adopted rural zoning or has not adopted ordinances establishing design and development standards for solar energy systems that require a footprint of more than 13 acres of land. The standards include requirements for a site plan, setbacks and vegetation buffers, as well as height and other restrictions. Upon receipt of a completed solar energy system plan by a county, the county must set a date for a public hearing, send notice to neighboring property owners, and notify the public at least 30 days prior to the public hearing. The Department of Environmental Services (DES) is charged with enforcing these requirements; and
- Adds the language from S. 446, the "Electric Rate Stabilization Act," which enables electric utilities to request annual rate adjustments from the Public Service Commission, establishes baseline rates, sets adjustment requirements, and ensures customer protections.
The Senate gave the bill second and third readings, as amended, sending H. 3309 back to the House for consideration of the amendments.
Waste Tires — S. 171. This bill represents the efforts of SCAC, the South Carolina Manufacturers Alliance, and several other entities to address the financial challenges that counties across the state are facing regarding the management and processing of waste tires. One of the most important aspects of the bill includes an increase of the $150-per-ton cap on tipping fees that a county may charge for recycling and disposal of undocumented waste tires to $400 per ton. The $2 per tire advanced recycling fee currently applied to the purchase of a new tire will also be applied to all tires included in new and used retail motor vehicle sales. This is an SCAC policy position.
Additionally, the bill addresses the sale of unsafe used tires and includes updated manifest and registration requirements for waste tire haulers that will require the placement of a new decal, provided by the DES, on certain vehicles involved in the hauling of waste tires. Other notable aspects of the bill include:
- increasing economic development efforts to provide alternative uses of waste tires;
- exempting the S.C. Department of Transportation from the waste tire hauler registration requirements;
- updating the current tire rebate program to encourage retailers to use waste tire haulers;
- adding tire manufacturers and the Department of Commerce as members of the Solid Waste Advisory Council Grants Committee; and
- encouraging the development of a statewide market infrastructure for tire-derived products.
The Senate adopted a technical amendment this week before giving the bill second and third readings, sending it to the House.
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, and Tourism. The House Education and Public Works Committee gave the bill a favorable report, and the bill is now pending second reading on the House calendar.
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 Education and Public Works Committee gave the bill a favorable report, and it is now pending second reading on the House calendar.
Amateur Radio — H. 3753. This bill known as the “Amateur Radio Antenna Protection Act,” prohibits a county from enacting or enforcing an ordinance that fails to conform to the Amateur Radio Preemption issued by the Federal Communications Commission (FCC). A county ordinance on amateur radio antennas that involves placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to reasonably accommodate amateur communications and represent the minimum practicable regulation to accomplish the local authority's legitimate purpose, according to the FCC Preemption. A House Labor, Commerce and Industry subcommittee adjourned debate on the bill.
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. A House Labor, Commerce and Industry subcommittee gave the bill a favorable report, and the bill will be on the agenda at the next full committee meeting.
| | The Senate adjourned well after 11 p.m. Wednesday after amending and giving first and second readings to a comprehensive energy bill. | | | |
County Government and Intergovernmental Relations
Diversity, Equity, and Inclusion (DEI) — H. 3927. This amended bill enacts the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity Act,” which restricts public entities, including schools, universities, and political subdivisions, including counties, in their DEI practices. It prohibits preferential treatment or special benefits based on race, sex, ethnicity, gender, or sexual orientation in hiring, employment practices, or any related activities.
After several hours of debate, the House voted to end debate and take a vote and adopted a strike-all amendment. Specifically, the amended bill now includes the following key provisions:
- A public entity shall not, except as required by federal law:
- Promote diversity, equity, and inclusion in employment practices or admissions.
- Provide preferential treatment based on these criteria.
- Require anyone to submit a diversity, equity, and inclusion statement for preferential consideration.
- Establish any unit focused on promoting diversity, equity, and inclusion.
- Mandate participation in related programs or training.
-
Before any public entity can enter a contract or award a grant, the contractor or recipient must certify compliance with state and federal anti-discrimination laws.
-
Prior to any contributions or distributions of funds, including lottery scholarships, the organization must certify that it does not promote DEI programs that violate anti-discrimination laws.
- Each public entity must include in contracts or grants:
- Requirement for compliance with anti-discrimination laws as a condition for award decisions.
- A certification that the organization does not promote DEI programs in violation of these laws.
- The Inspector General can investigate allegations of violations of this article and will create a platform for filing complaints. Individuals reporting under this article are protected by Chapter 27, Title 8.
- Public entities must report to the Department of Administration by Aug. 1 each year on the total number and nature of complaints received the previous year regarding violations of this article, as well as the resolution status. The department will summarize this information in a report to be submitted to the Speaker of the House, the President of the Senate, the Inspector General, and the Attorney General by Oct. 1. This requirement does not require the disclosure of the complainants' identities.
- Does not restrict First Amendment-protected speech by governments, contractors, or federally funded educational institutions.
- Does not apply to U.S. Armed Forces veterans or individuals protected by the Randolph-Sheppard Act.
- This act takes effect upon approval by the governor and first applies to FY 2025-26 and school year 2025-26.
The House gave the bill second and third readings and sent it to the Senate.
Medical Informed Consent Act — S. 54. This bill creates the “Medical Informed Consent Act” to allow, among other things, every person the right to refuse medical procedures, medical treatments, vaccines, and other medical care and to protect people from discrimination. The bill amends the law to permit, rather than require, sheriffs and constables to assist the director of the Department of Public Health in enforcing and carrying out measures and quarantine regulations during a state of public health emergency.
The Senate Medical Affairs Committee gave S.54 as amended, a favorable report. SCAC will report on the amendments when they become available.
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 Medical, Military, Public, and Municipal Affairs Committee gave S. 218 a favorable report, and the bill is pending second reading on the House calendar.
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. A Senate Veterans’ Affairs subcommittee 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 CEO 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 Medical, Military, Public, and Municipal Affairs Committee amended the bill by adding the chairperson of Edgefield County Council to the Advisory Council and gave the bill a favorable report. S. 89 is pending second reading on the House calendar.
First Responder Automobile Insurance Premiums — H. 3259. This bill prohibits insurers and agents from considering the work-related driving records of first responders when setting the premium rates for their personal automobile insurance policies. Additionally, the bill defines "first responder" as any law enforcement officer or firefighter who is employed by local, state, or federal government. This also includes volunteer law enforcement officers and firefighters who are engaged by local, state, or federal government. The bill also prohibits an insurer from considering the work-related driving record of a first responder if he is involved in a collision when responding to an emergency call and requires the first responder to furnish a copy of the police incident report, investigative report, or uniform traffic collision report in a timely manner to the insurance agent or insurer. Finally, it extends the definition of first responder to include EMTs and paramedics. A Senate Banking and Insurance subcommittee gave H. 3259 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.
Additionally, the bill outlines specific measures and procedures for what is to take place when the governor issues a proclamation and/or declares a state of emergency, which includes allowing sheriffs and constables in counties to aid and assist the director of Public Health in enforcing or carrying out any restrictive measures and quarantine regulations during a state of public health emergency, among other things. 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. S. 2 received a favorable report, as amended, and is pending second reading on the House calendar.
| | Newly Introduced Legislation | | | | |
