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The General Assembly met on Wednesday in Joint Assembly to elect judges. The House Labor, Commerce, and Industry Committee briefly debated and passed the comprehensive energy bill (H. 3309) on Wednesday. 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. H. 3309 is now pending second reading on the House calendar.
A House Judiciary subcommittee began debating a liquor liability bill (H. 3497) similar to several bills already being debated in the Senate. Meanwhile, the Senate gave second and third readings to the school voucher bill (S. 62), which allows for public funds to be used for private and religious schools.
Bills of interest to counties are below.
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Revenue, Finance, and Economic Development
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 certification 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. SCAC testified in support of the bill before the Senate Finance subcommittee carried over S. 125 for further discussion of the potential need to amend the effective date of the bill.
Continuing Resolution — S. 291. This joint resolution allows for the continued authority to cover state government expenses if the 2025-26 Fiscal Year begins without an enacted General Appropriations Act and specifies exceptions. A Senate Finance subcommittee gave S. 291 a favorable report, and the resolution will be on the next full committee’s agenda.
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Above: The South Carolina Association of Auditors, Treasurers, and Tax Collectors (SCATT) held its annual legislative day at the State House this week.
From left: Sen. Ed Sutton and Charleston County Auditor Peter Tecklenburg in the State House lobby on Feb. 4. Tecklenburg attended the SCATT event.
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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 Judiciary Committee adopted a subcommittee amendment to change the effective date of the bill from approval by the Governor to the retroactive date of Jan. 1, 2025. The bill was given a favorable report, as amended, and is pending second reading on the House calendar.
Small Estates in Probate — H. 3472. This bill, as introduced, 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. A House Judiciary subcommittee adopted an amendment to lower the cap from $50,000 to $45,000 before giving H. 3472 a favorable report, as amended. The bill will be on the next full committee’s agenda.
Electronic Records — S. 74. This bill authorizes 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 Judiciary Committee gave S. 74 a favorable report, and the bill is pending second reading on the Senate calendar.
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 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. A House Judiciary subcommittee gave H. 3048 a favorable report. The bill will be on the next full committee’s agenda.
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 or defendants. 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. A Senate Judiciary subcommittee took testimony from the public and several stakeholders before carrying the bill over for further debate.
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 will be civilly liable for selling alcohol to someone under 21 who subsequently injures a third party based on their alcohol impairment. A Senate Judiciary subcommittee took testimony from the public and several stakeholders before carrying the bill over for further debate.
Hands-Free Driving — H. 3276. This bill creates the “South Carolina Hands-Free and Distracted Driving Act” to enhance the provisions of our 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. A House Judiciary subcommittee gave H. 3276 a favorable report, and the bill will be placed on the next full committee’s agenda.
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Land Use, Natural Resources and Transportation
Well and Septic Tank Permitting — H. 3656. As introduced, this bill prohibits the Department of Environmental Services (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 or served by a public sewer system.
The House Agriculture, Natural Resources, and Environmental Affairs subcommittee gave H. 3656 a favorable report, as amended, and the bill will be on the next full committee’s agenda.
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Waterways Protection Act — S. 167. This bill creates the “South Carolina Waterways Protection Fund” (Fund) through the imposition of a $3 waterways protection fee attached to each tax notice for a watercraft. Each tax notice prepared by the county auditor must include this fee, and the county treasurer must deposit the fee into the Fund. However, the issuance or renewal of a certificate of number by the Department of Natural Resources (DNR) is not contingent upon the payment of the fee. The Fund must be separated and distinct from the general fund of the state and will be managed by DNR. DNR may use the funds within the four game zones for the following purposes:
- the removal of hazardous, abandoned, or unattended vessels; marine debris; or hazards to navigation from the waters of the state;
- identification, marking, and lighting of hazards to navigation in accordance with applicable rules governing aids to navigation; and
- the development and administration of a grant program to provide funds to applicants, whether public or private, to remove hazardous, abandoned, or unattended vessels, marine debris, or hazards to navigation from the waters of the state.
The Senate gave S. 167 second and third readings and sent the bill to the House.
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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 Education and Public Works Committee gave H. 3292 a favorable report, and the bill is pending second reading on the House calendar. | |
SCAC Staff Attorney Avery Upchurch testifies at House Education and Public Works Public Safety subcommittee on golf cart ordinances. | |
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. Officer Sipe from Anderson County testified in support of the bill. A House Medical, Military, Public, and Municipal Affairs subcommittee gave H. 3222 a favorable report, and the bill will be on the next full committee’s agenda. | |
County Government and Intergovernmental Relations
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 couldn’t 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 the Department of Mental Health (DMH) 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. A Senate Medical Affairs subcommittee gave S.2 a favorable report, as amended, and the bill will be on the next full committee’s agenda.
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 adjourned debate on the bill, and it was carried over for stakeholders to propose amendments at the next meeting.
Constitutional Amendment for Comptroller General’s Office — S. 35. This bill amends the state Constitution to abolish the Office of the Comptroller General. The General Assembly would determine how the duties formerly performed by the Comptroller General would be handled. Additionally, the Governor would be authorized to levy property taxes to satisfy the general obligation debt of the state. These provisions would become effective only after a favorable referendum vote at the next general election. The Senate Judiciary Committee gave the bill a favorable report, and S. 35 is pending second reading on the Senate calendar.
Military Advisory Council — S. 89 and H. 3564. These bills rename the South Carolina Military Base Task Force to the South Carolina Military Affairs Advisory Council. Additionally, the bills revise the council's mission and increase 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 bills also require the Council to meet at least once each calendar year. The Senate gave S. 89 second and third readings this week and sent the bill to the House. A House Medical, Military, Public, and Municipal Affairs subcommittee gave H. 3564 a favorable report, and the bill will be on the next full committee’s agenda.
Veterans’ Homes — S. 218. This bill clarifies the transfer of South Carolina veterans’ homes from DMH 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.
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SCAC Staff Attorney Leslie Simpson testifies at a House Military and Veterans Affairs subcommittee on county veterans’ affairs officers. | |
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County Veterans' Affairs Officers — H. 3510. This bill mandates that the Secretary of the South Carolina DVA appoints 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 a 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 subcommittee subsequently gave a favorable report on H. 3510, as amended, and the bill will be on the agenda for the next full committee meeting.
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 House Medical, Military, Public, and Municipal Affairs subcommittee gave H.3563 a favorable report, and the bill will be on the next full committee’s agenda.
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 Judiciary Committee gave H. 3570 a favorable report, and the bill is pending second reading on the House calendar.
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; and
- 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 Judiciary Committee adopted a subcommittee 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 Committee then gave S. 38 a favorable report, as amended, and the bill is pending second reading on the Senate calendar.
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