February 28, 2025

The House continued their work in chamber debating and passing several bills, including the school voucher bill (S. 62), in preparation to debate the budget bill on the floor in a few weeks. House Judiciary Committee members had a busy week in committee and subcommittee meetings debating several bills, including their version of a liquor liability bill (H. 3497).

The Senate Judiciary Committee met Tuesday to debate their liquor liability (S. 184) and tort reform (S. 244) bills. The committee decided to save all amendments for the floor debate. The Senate then set S. 244 for special order, ensuring debate on the bill next week. Senate Finance Budget subcommittees continued meeting with state agencies and hearing budget requests in anticipation of receiving the budget from the House next month.

Bills of interest to counties are discussed below.

Revenue, Finance, and Economic Development

Boat Property Tax Reduction — H. 3858 and S. 317. Both bills give boat owners a 50% property tax reduction on boats registered and titled in South Carolina, which would ultimately be subsidized by small businesses, car owners, renters, and other taxpayers. The House bill also eliminates the titling and taxing of all outboard motors. SCAC was notified this bill is going to receive a hearing soon. The South Carolina Revenue and Fiscal Affairs Office estimates that the statewide property tax reduction caused by this exemption would total over $59 million!

The boat lobby continues to pressure your state lawmakers to support and pass this legislation. It is important that they also continue to hear from their county officials.

Please contact your House and Senate members and ask them to oppose H. 3858 and S. 317 because of the detrimental fiscal impact these bills will have on your county’s finances!

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 (DOR) 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 DOR to the chief administrative officer of any county with jurisdiction over the property, an SCAC policy position. The Senate adopted an amendment to change the effective date of the bill to 2026 and gave the bill second and third readings, sending it to the House.

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 the 2025-26 Fiscal Year begins without a General Appropriations Act and provides for exceptions. The Senate gave S. 291 second and third readings, sending it to the House.

Cryptocurrency — S. 163. This bill prohibits any state governing authority from accepting or requiring a payment using central bank digital currency issued by the Federal Reserve or other federal agencies and provides various protections for users of digital assets, including cryptocurrency and non-fungible tokens. An amendment was adopted to strike language that would have placed a statewide prohibition on local governments’ ability to restrict or prevent an individual from participating in digital asset mining in an area zoned for residential use. The Senate Banking and Insurance Committee gave S. 163 a favorable report, as amended, and the bill will be placed on the Senate calendar.

Public Safety, Corrections and Judicial

Coroner Qualifications — H. 3048. This bill amends the qualification requirements for a candidate running for coroner. It deletes a provision allowing a candidate to simply be enrolled in a recognized forensic science degree or certification program to be completed within one year of being elected to the office of coroner. However, there is currently no requirement to verify that, upon election, the coroner previously obtained a forensic degree or completed the certification program. The bill also requires a candidate to be fingerprinted and have a criminal background check performed by the South Carolina Law Enforcement Division at the candidate’s expense. The bill also requires the candidate to, at the time of filing, submit an affidavit along with supporting documents verifying that they meet the qualifications. This is an SCAC policy position. After a lengthy debate, the House amended H. 3048 by removing the fingerprint provision before giving the bill second and third readings, and sending it to the Senate.

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.

This bill also delays the effective date of Act 56 from July 1, 2025, until Jan. 1, 2026. A Senate Judiciary subcommittee amended the bill to make the completed request forms, and any related documents, exempt from disclosure and to authorize a governmental agency to require additional information from the requestor in addition to the request form and affidavit. It also added 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. S. 126 received a favorable report as amended and will be on the next full committee’s agenda.

Dorchester County Register of Deeds Margaret Bailey testifies before a Senate Judiciary subcommittee.

Aiken County Register of Deeds Julie Stutts testifies before a Senate Judiciary subcommittee.

Drug-Induced Homicide — S. 156 and S. 183. S. 156 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. 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. The Senate adopted a clarifying amendment, gave S. 156 second and third readings, and sent the bill to the House.

S. 183 expands the new offense outlined in S. 156 to other controlled substances. The Senate amended the bill with the same clarifying language that was added to S. 156 before giving S. 183 a second reading. However, objections were made to the bill prior to it receiving a third reading.

Tort Reform — S. 244. This bill provides tort reform regarding the amount of fault to be assigned to either the person bringing a claim for damages if their actions partially caused the damage or to the defendant(s). It also makes changes to liquor liability laws by requiring alcohol server training. It requires a business with a liquor license to carry liability insurance of at least $1 million per occurrence. Finally, the bill redefines occurrence for medical malpractice claims to mean an unfolding sequence of events following a single act of negligence, including continuous or repeated exposure to substantially the same harmful conditions. Multiple events occurring without a break in the chain of events shall be considered one occurrence. The Senate Judiciary Committee gave the bill a favorable report and will take up amendments during floor debate. The Senate placed S. 244 into special order status on Thursday, ensuring it will be debated next week.

Dram Shop Liability — S. 184. This bill provides a procedure for determining when an establishment serving alcohol to a person may be held liable if that person subsequently causes injury to a third party based on their impairment from alcohol. It also mandates that an establishment be civilly liable for selling alcohol to someone younger than 21 who subsequently injures a third party based on their alcohol impairment. The Senate Judiciary Committee gave the bill a favorable report and will take up amendments during floor debate. S. 184 is now pending a second reading on the Senate calendar.

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 states that this dismissal does not require dismissing related charges or serve as a basis for civil actions from the arrest. The Senate adopted a clarifying amendment and gave S. 136 second and third readings, sending the bill to the House.

Failure to Stop — H. 3127 and S. 111. These bills increase the penalties for failure to stop when signaled by law enforcement. The bills also list several aggravated factors that can affect sentencing. The House Judiciary Committee adopted an amendment to H. 3127 before giving the bill a favorable report, as amended. A Senate Judiciary subcommittee adopted an amendment to S. 111 before giving the bill a favorable report, as amended.

Discharge of Firearms —  H. 3650. This bill provides that anyone who knowingly and intentionally discharges a firearm at or into a dwelling house, other building, structure, enclosure, vehicle, aircraft, watercraft or other conveyance, device or equipment is guilty of committing a violent crime. The person must be fined no more than $20,000 and imprisoned no more than 10 years. If a person inside any one of the structures is struck or has bodily injury as a proximate cause of the firearm discharge, the maximum penalty increases to $50,000 and 15 years imprisonment. The House Judiciary Committee gave the bill a favorable report, and H. 3650 is now 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 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. A House Judiciary subcommittee amended the bill to allow for a potential stay when an action is appealed and gave the bill a favorable report, as amended. H. 3387 will be on the next full committee’s agenda.

Electronic Records Disclosure — S. 74 and H. 3460. These bills authorize a law enforcement officer, circuit solicitor, or the Attorney General to subpoena stored wire, digital, or electronic communications, as well as transactional records and subscriber information from the provider of an electronic communication service or remote computing service as a part of an ongoing investigation. The House Judiciary Committee amended S. 74 to limit this authorization for the Attorney General to only during an ongoing investigation for child pornography. The committee then gave S. 74 a favorable report, as amended, and adjourned debate on H. 3460.

Land Use, Natural Resources and Transportation

Utility Storm Damage Recovery — S. 157 and H. 3756. These bills specify 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 bills also specify 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 Public Service Commission (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. The Senate Judiciary Committee gave S.157 a favorable report and the bill is pending second reading on the contested Senate calendar. The House Labor, Commerce, and Industry Committee gave H. 3756 a favorable report, and the bill is pending second reading on the House calendar.

SC811— H. 3571. This bill updates definitions, including what constitutes a large project, requires operators to become members of the Operators Association Notification Center, and outlines penalties for failure to notify about an excavation or demolition or for failure to join the association. The bill requires notification to the Operators Association Notification Center not less than three full working days prior to the commencement date and not less than 10 days prior to the commencement date for a subaqueous facility. The bill also requires quarterly reports of damage caused by excavation or demolition, creates exemptions for notice requirements in cases of emergency, and provides for a complaint process through the Attorney General’s office as well as penalties. The House adopted a committee amendment to allow the Attorney General’s office to authorize prima facie cases to go to court and to increase the penalty for certain violations from $1,000 up to $25,000 before giving H. 3571 second and third readings, sending it to the Senate.

Forestry Commission — H. 3629. This bill limits the State Commission of Forestry acquiring submarginal agricultural land and cut over forest lands to purchasing it at or below its current appraised value, changes where revenues can come from and what the Commission may use them for, removes specific duties that county boards must fulfill, changes who the Commission shall provide an update to and when, and removes a member of the county forestry board from being able to go onto any land for purpose of preventing or controlling forest fires without being liable for trespassing. The House adopted a committee amendment adding timberlands to the list of lands that may be acquired and gave H. 3629 second and third readings, sending the bill to the Senate.

EV Charging Stations — S. 275. This bill amends definitions for electric vehicles (EVs) and direct-current fast-charging stations. The bill also provides that electrical utilities and other local governments must provide and appropriately charge for infrastructure that is required to serve the electrical load for EV charging needs or to meet the requirements of any state and federal grant funding. Additionally, electrical utilities or local governments that provide, own, or maintain direct-current fast-charging stations for public use must offer fair, reasonable, and non-discriminatory rates and service to all entities providing a similar service to avoid providing an unreasonable advantage for its direct-current charging stations. The Senate amended the bill to limit the revenue received from services other than those provided by the charging stations from being used for subsidizing investments in these types of EV-charging stations that are owned and operated by utilities or local governments going forward. The amendment also clarified that local governments with existing “Level 2” charging stations may continue offering free charging for public use and are not affected by the provisions of the bill. The Senate gave S. 275 second and third readings, sending the bill to the House.

County Government and Intergovernmental Relations

SCAC Staff Attorney Leslie M. Simpson testifies before a House Medical, Military, Public, and Municipal Affairs subcommittee

This issue of municipal annexation represents an SCAC policy position. While SCAC has expressed concerns about this bill, particularly regarding the unworkable requirements and the significant burden of the monthly report outlined in Section 1, we do support the inclusion of a notice provision, when cities initiate the annexation process. However, this provision lacks language for enforcement and legal standing and does not address the underlying issues of municipal annexation, especially the problem of donut holes. A House Medical, Military, Public, and Municipal Affairs subcommittee adjourned debate on the bill.

Homeowners Association Authority — H. 3447. As originally drafted, this bill requires that starting Jan. 1, 2026, homeowners’ associations with foreclosure authority must apply for a rule to show cause if a property owner defaults. No foreclosure sale can occur until this rule is issued. Further, the bill also amends Section 27-30-130 regarding the enforceability of governing documents. It mandates that these documents be recorded in the local clerk of court, Register of Mesne Conveyance, or register of deeds office in the county where the property is located. The House gave H. 3447 second and third readings, sending the bill to the Senate.

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 House adopted a committee amendment to prohibit 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. The amendment also 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. It also extends the definition of first responder to include EMTs and paramedics. The House gave H. 3259 second and third readings, sending it to the Senate.

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. The Senate adopted a technical amendment and gave S. 264 second and third readings, sending the bill to the House.

Public Service Authority Request for Proposals for V.C. Summer — S. 51. This bill encourages Santee Cooper to issue a request for proposals soliciting options for utilizing assets associated with V.C. Summer Units 2 and 3, along with considerations related to this request. The Senate adopted a committee amendment clarifying that any transaction involving the transfer of interest with property is subject to the provisions of Section 58-31-240, gave S. 51 second and third readings, and sent the bill to the House.

Office of Behavioral Health — S. 2.  Last session, a bill to create the Executive Office of Health Policy died last minute 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 and adds the Department of Behavioral Health and Developmental Disabilities. 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 Senate adopted a committee amendment and gave S. 2 second and third readings, sending the bill to the House.

See below link for summaries of legislation introduced this week that are of interest to counties:

Senate Bills

House Bills

View/Download Full Text for Newly-Introduced Legislation

You can also go to www.scstatehouse.gov and click on "Legislation," then "Introduced Legislation."

Note: If you would like to offer comments to the SCAC staff, please call us toll-free at 1-800-922-6081, fax to (803) 252-0379, or send an email.