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The House spent time on the floor moving through their calendar in preparation for debate on the budget bill on the House floor in a couple weeks. The Senate continued work in subcommittees and committees to bring bills to the floor for debate, including S. 171, a bill to address the financial burden many counties are currently facing with waste tires.
The House briefly debated the comprehensive energy bill (H. 3309) on the floor Wednesday before giving the bill a second reading. The bill includes a provision requiring solar arrays larger than 125 acres coming into a county to also get approval from the Public Service Commission (PSC). The House then gave H. 3309 a third reading on Thursday and sent the bill to the Senate. Meanwhile, a House Judiciary subcommittee continued debating a liquor liability bill (H. 3497), similar to several bills already being debated in the Senate.
A House Medical, Military, Public and Municipal Affairs subcommittee is anticipated to meet Wednesday, Feb. 19 to discuss H. 3215, a bill that would require local governments to review and render decisions on various permits, zoning variances, and appeals or other licenses within 45 days after submission, or the application must be deemed approved. Members of the subcommittee include Reps. Joe Bustos, Sylleste Davis, Sarita Edgerton, Wendell Jones, Josiah Magnuson, and Blake Sanders. Please reach out to the members of the subcommittee and your House representatives to express your concerns regarding the impacts that H. 3215 will have on county government.
Bills of interest to counties are discussed below.
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Revenue, Finance, and Economic Development
Boat Property Tax Reduction — S. 317 and H. 3858. S. 317, which gives boat owners a 50% property tax reduction on boats registered and titled in South Carolina, would ultimately be subsidized by small businesses, car owners, renters, and other taxpayers. SCAC staff, Charleston County Auditor Peter Tecklenburg, Union County Auditor Brad Valentine, and Oconee County Auditor Christy Hubbard testified in opposition to the bill. A Senate Finance subcommittee carried over S. 317 due to the devastating impact the bill, as drafted, would have on local governments as well as other taxpayers.
Thank you for contacting your senators and sharing your concerns! Our county officials reaching out to their senators is the reason the subcommittee did not move this bill forward!
H. 3858 would likely give boat owners a higher reduction on their property taxes than S. 317. SCAC has heard the bill will receive a subcommittee hearing during the week of Feb. 24. H. 3858 contains the same 50% property tax reduction for boats registered and titled in South Carolina as S. 317. As if this wasn’t enough of a break for those fortunate enough to afford a boat, the bill also eliminates the titling and taxing of all outboard motors. Undoubtedly, this property tax break for such a luxury item will either be subsidized by other taxpayers, including renters and small businesses, or will result in county budget cuts.
Please contact your House representatives and ask them to oppose H. 3858 because of the detrimental financial impact the bill will have on your county’s finances!
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Above: Oconee County Auditor Christy Hubbard and Union County Auditor Brad Valentine testify at the Senate Finance subcommittee hearing on the impact of S.317 on county budgets.
From left: Hubbard and Charleston County Auditor Peter Tecklenburg testify at a Senate Finance subcommittee in opposition of a bill to reduce boat taxes.
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Low-Income Housing Property Tax Exemption — S. 125. This bill limits the property tax exemption for certain property of a nonprofit housing corporation to only the percentage of property equal to the corporation’s ownership interest in the property, if that interest is at least 50%. The bill also requires the nonprofit housing corporation to apply to the Department of Revenue for the initial exemption, to certify their ownership percentage, and to provide a rent roll or other suitable documentation proving compliance with the requirements of Revenue Procedure 96-32. The bill also requires annual recertification in subsequent years and notification by the Department of Revenue to the chief administrative officer of any county with jurisdiction over the property, an SCAC policy position. A Senate Finance subcommittee changed the effective date of the bill to 2026 and gave the bill a favorable report, as amended. S. 125 will be on the next full committee’s agenda.
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. A House Ways and Means subcommittee gave H. 3841 a favorable report, and the bill will be on the next full committee’s agenda.
State Budget. The Ways and Means Committee is scheduled to deliberate the state budget bill next week. Pending the committee’s approval, all members of the House will deliberate the bill the week of March 10. SCAC staff will monitor and report on any funding or provisos of interest in future Friday Reports. The General Assembly is expected to fully fund the Local Government Fund (LGF) which will result in a 5% or $14.5 million increase for FY 2025-26. See the estimated LGF county allocations for FY 2025-26 based on full funding.
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Public Safety, Corrections and Judicial
Probate Trusts — H. 3432. This bill amends some antiquated provisions of the probate laws to make South Carolina a more trust-friendly state. The House adopted the Judiciary Committee’s amendment to change the effective date of the bill from approval by the Governor to the retroactive date of Jan. 1, 2025. The House then gave the bill second and third readings this week and sent H. 3432 to the Senate.
Small Estates in Probate — H. 3472. As introduced, this bill increases the limit of a small personal estate from $25,000 to $50,000 to allow more estates to go through summary administration in probate. The House adopted a committee amendment to lower the cap from $50,000 to $45,000 before giving H. 3472 second and third readings and sending the bill to the Senate.
Electronic Records — H. 3460 and S. 74. These bills authorize law enforcement, circuit solicitors, or the Attorney General by warrant, court order, or subpoena to obtain stored wire, digital, or electronic communications, as well as transactions of subscribers from a provider of electronic communication service or remote computing services. This would apply to companies like Verizon, AT&T, and Google. A provider that does business in South Carolina is immune from civil or criminal liability for providing this information in response to a court order, subpoena, or warrant. The Senate gave S. 74 second and third readings and sent the bill to the House.
A House Judiciary subcommittee gave the companion bill, H. 3460, a favorable report, and the bill will be on the next full committee’s agenda.
Utility Storm Damage Recovery — S. 157. The bill specifies that, due to the widespread destruction of electrical utility infrastructure caused by Hurricane Helene and the extraordinary expenses incurred to repair, restore, and rebuild that infrastructure, electrical utilities may include the cost of capital from the date of the storm through the issuance of storm recovery bonds for cost recovery.
The bill also specifies that the cost of capital will be determined by the interest rate paid by the utility to borrow the funds necessary to cover the restoration and recovery efforts after Hurricane Helene, if the interest rate percentage does not exceed the utility’s total weighted average cost of capital percentage established in the utility’s most recent base rate case proceeding. The bill further allows electrical utilities to defer the review and approval of a financing order by the PSC to either a future base rate proceeding or a separate proceeding to be established at the request of the utility. Finally, the bill defines the term “qualified independent third party” as the person or entity that may need to be designated and retained by the PSC who has relevant expertise in accounting, finance, or utility regulation, sufficient to make professional judgements necessary to certify whether the sale of storm recovery bonds complies with the requirements of current law. A Senate Judiciary subcommittee gave the bill a favorable report, and S.157 will be on the next full committee’s agenda.
Drug-Induced Homicide — S. 156 and S. 183. S. 156 establishes that fentanyl-induced homicide is 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. This offense consists of the unlawful delivery, dispensation, or provision of fentanyl or a fentanyl-related substance to another person whose death is caused by their injection, inhalation, absorption, or ingestion of such substance. It is punishable by imprisonment for not more than 30 years. Further, the bill also provides that a defense may not be 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. People charged for these offenses may also be charged for other drug-related offenses, including assisted suicide.
S. 183 expands the new offense outlined in S. 156 to other controlled substances. A Senate Judiciary subcommittee heard testimony from several constituents before giving S. 156 and S. 183 favorable reports. Both bills will be on the next full committee’s agenda.
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Land Use, Natural Resources and Transportation
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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. | |
From left: SCAC Staff Attorney John Wienges and Allen Klump, vice president of government relations for the S.C. Manufacturers Alliance, testify at a Senate Labor, Commerce and Industry subcommittee in support of S. 171 on waste tires. | |
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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 Department of Environmental Services (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 SC Department of Transportation (SCDOT) from the waste tire hauler registration requirements.
- Updating the current tire rebate program to encourage retailers to use waste tire haulers.
- Adding the tire manufacturers and the Department of Commerce as members of the Solid Waste Advisory Council Grants Committee.
- Encouraging the development of a statewide market infrastructure for tire-derived products.
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SCAC would like to extend a special thank you to Sens. Michael Gambrell and Billy Garrett for sponsoring this important legislation. We offer our sincere appreciation to all stakeholders who have provided invaluable input and support. S. 171 passed a Senate Labor, Commerce and Industry subcommittee and the full committee this week with a favorable report, as amended, by a unanimous vote. S. 171 will be placed on the Senate calendar next week pending a second reading.
Well and Septic Tank Permitting — H. 3656. As introduced, this bill prohibits DES from denying property owners the right to repair or replace a well or septic tank for water or sewer service.
SCAC worked diligently with stakeholders and testified in support of a proposed amendment that would have protected the interests of counties. However, a House Agriculture, Natural Resources, and Environmental Affairs subcommittee ignored the compromise language and instead adopted an amendment to severely impact a county’s ability to exercise its current authority regarding the installation of private irrigation wells and septic systems. Specifically, the amendment prohibits a county, municipality, or water authority from denying the installation of a private irrigation well, regardless of whether the property is connected to or served by a public water system. The amendment also prohibits a county, municipality, or water authority from denying the installation of a septic system on a parcel of land that meets DES guidelines, regardless of whether the property is connected to or served by a public sewer system.
The House Agriculture, Natural Resources, and Environmental Affairs Committee adjourned debate on H. 3656, citing the need for additional work on a compromise amendment.
Golf Cart Permits — H. 3292. As introduced, this bill allows counties and certain municipalities to enact an ordinance allowing golf carts to operate in designated areas within their jurisdiction at night. Previously, only municipalities on barrier islands were authorized to enact such ordinances. If a county or municipality enacts such an ordinance, it must contain a description of the boundary of the designated area. The House gave H. 3292 second and third readings this week and sent the bill to the Senate.
Litter Officers — H. 3222. This bill revises the means for determining the limit on the number of litter control officers that a county may have to be updated with the most recent census and corrects an incorrect reference in the code. The House gave H. 3222 a second reading, and the bill is pending a third reading on the House calendar.
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County Government and Intergovernmental Relations
Municipal Annexation of Farmland — S. 264. This bill requires the express written consent of an owner of real property on which farm buildings or agricultural structures are located—if those structures are exempt from taxation under Section 12-37-220(B)(14)—or of any real property assessed under Section 12-43-220(d), as well as any adjacent real property owned directly or indirectly in common with the exempt property, before a municipality can annex the property. A Senate Finance subcommittee gave S. 264 a favorable report, and the bill will be on the next full committee’s agenda.
Military Advisory Council — H. 3564. 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 to ensure that it does not create an unfunded mandate. The committee then gave H. 3564 a favorable report, as amended, and the bill is pending second reading on the House calendar.
Veterans’ Homes — S. 218. This bill clarifies the transfer of South Carolina veterans’ homes from the Department of Mental Health to the South Carolina Department of Veterans Affairs (DVA). It states that the DVA will adopt and implement criteria, policies, and procedures for admissions to and discharges from these veterans’ homes. Additionally, the bill specifies that the DVA will establish and collect fees for residency and services provided by the veterans’ homes. It also allows the DVA to receive state and federal benefits related to the veterans’ homes. The Senate gave S. 218 second and third readings this week and sent the bill to the House.
County Veterans' Affairs Officers — H. 3510. This bill mandates that the Secretary of the DVA appoint a veterans' affairs officer for each county. The bill also requires the General Assembly to provide funding for two full-time employees in each office. This is an SCAC policy position. SCAC testified in support of H. 3510 before a House Medical, Military, Public, and Municipal Affairs subcommittee, which amended the bill to ensure that it does not create an unfunded mandate. The House Medical, Military, Public, and Municipal Affairs Committee made amendments to the bill to clarify the language and ensure that it does not create an unfunded mandate. The Committee subsequently gave a favorable report on H. 3510, as amended, and 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. The House Medical, Military, Public, and Municipal Affairs Committee gave H. 3563 a favorable report, and the bill is pending second reading on the House calendar.
Disclosure of Economic Interests — H. 3570. The bill amends the definition of “public member” to include someone nominated and appointed to a non-compensated part-time position on a board, commission, or council. The bill also allows members to avoid violating disclosure rules if they file their initial statement within 10 days of notice from the State Ethics Commission. This extension only applies to the members’ initial statements of economic interest filing and does not apply to any subsequent statement of economic interest filings. The House gave H. 3570 second and third readings this week and sent the bill to the Senate.
Special Elections — S. 38. This bill provides a schedule of dates for special elections. Except for some provisions that only apply to fill vacancies in the offices of the U.S. House of Representatives and the state Senate and House of Representatives, special elections will be held on one of the following dates:
- the fourth Tuesday in January.
- the first Tuesday after the first Monday in April.
- the second Tuesday in June in even-numbered years only and for only primaries for special elections.
- the fourth Tuesday in August.
- the first Tuesday after the first Monday in November for only elections other than primaries for special elections.
If the date for a primary for a special election, runoff primary, or special election falls on a legal holiday, then the primary, runoff primary, or special election must be set for the next succeeding Tuesday that is not a legal holiday. If the date for a special election to fill an unexpired term of office is 100 days or fewer from the date of a general election, then no special election or primary must be held for the office. The provisions of this bill do not apply to unexpired terms in the office of the U.S. House of Representatives. The Senate adopted a committee amendment that, among other things, adds the provisions of S. 123 to provide a process for reopening the time to file for office in the case of a candidate’s death or withdrawal. The Senate then gave S. 38 second and third readings and sent the bill to the House.
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Join Us for 2025 Counties Connect | | |
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Join us Wednesday, Feb. 19, for Counties Connect: A Legislative Action Day in Columbia! It's a great opportunity for county officials to engage directly with state legislators. Registration is available on site.
The day includes a legislative briefing, a visit to the State House and an evening reception with General Assembly members at the Palmetto Club.
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Newly Introduced Legislation | | | | |
