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After a slight winter weather delay, the General Assembly kicked off February with action in both chambers. The Senate resumed floor debate on DUI reform legislation, giving the bill second and third readings after adopting several amendments. A Senate Transportation subcommittee continued discussions on the South Carolina Department of Transportation (SCDOT) Modernization bill, and a Senate Agriculture and Natural Resources subcommittee began debate on the “Data Center Development Act.”
Following extensive debate on Wednesday, the House gave second reading to a bill that would create criminal and civil penalties for unlawfully providing abortion-inducing drugs, and it recommitted a bill to regulate hemp to the Judiciary Committee. In subcommittees, the House began debate on their version of the SCDOT Modernization bill and continued budget hearings in preparation for full committee consideration of the appropriations bill during the week of Feb. 16.
These and other bills of interest are detailed below.
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Upcoming Action Item
Department of Juvenile Justice Proviso
A House Ways and Means subcommittee met last week to take up proviso requests from several state agencies, including the Department of Juvenile Justice (DJJ). This included their request to keep Proviso 67.17 in the budget, which requires counties to pay more than three times the amount they paid before the proviso was inserted at the very end of the 2025 legislative year. The full Ways and Means Committee will meet during the week of Feb. 16 to decide which provisos will be included in their adopted version of the budget.
If you talk with your House member on the Ways and Means Committee before this meeting, please ask them to remove this proviso from the budget if you have concerns about the $125 per day capital expenditure charge for a total of $175 per day (including the $50 per diem charge).
| | Bills of Direct Interest to Counties | Revenue, Finance and Economic Development | | |
Business Personal Property Tax
H. 5006 would enact the “State of South Carolina Small Business Tax Cut of 2026,” exempting the first $10,000 of business personal property tax for small businesses in South Carolina. The bill also would streamline the filing process by requiring that all returns for business personal property be filed with the Department of Revenue. This part of the bill is an SCAC policy position. For purposes of the bill, "small business" is defined as a commercial retail service, industry entity, or nonprofit corporation, including affiliates, that meet the following requirements:
- The business is owned by taxpayers who pay income taxes in South Carolina;
- The business is independently owned and operated; and
- The business employs fewer than 100 full-time employees or has gross annual sales of less than $10 million dollars.
The bill also would exempt a portion of the corporate license fee for small businesses.
Status: The Ways and Means Committee gave H. 5006 a favorable report, and the bill is pending second reading on the contested House calendar.
| | Land Use, Natural Resources and Transportation | | |
University Campus Events Zoning
S. 832 would prevent a county or municipality from interfering with land use approvals for events held on the campus of a state-supported institution of higher learning based on zoning ordinances or land use classifications. However, the bill would not limit a county or municipality’s authority to enforce applicable safety laws.
Status: The Senate carried the bill over until Feb. 17.
| | Public Safety, Judicial and Corrections | | |
Magistrates’ Reform Act
H. 3530 would require magistrate candidates to be reviewed by the Judicial Merit Selection Commission like other judicial candidates and to hold a Juris Doctor degree. The Judiciary Committee adopted an amendment to grandfather in current non-attorney magistrates.
Status: The House Judiciary Committee gave H. 3530 a favorable report as amended, and the bill is pending second reading on the House calendar.
Magistrate Court Fees and Costs
H. 4813 would increase the fines and fees collected in magistrate courts and the assessment collected on several filings in magistrate court.
Status: The House Judiciary Committee gave H. 4813 a favorable report as amended, and the bill is pending second reading on the House calendar.
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Probate, Notice to Creditors
H. 4511 would allow for notice by publication in an online version of a newspaper for certain real property actions such as foreclosures. It also would create a centralized website for the South Carolina Probate Court, to be organized by county and searchable by the names of either the decedent or the personal representative. Finally, it would allow a personal representative to provide notice to creditors through this centralized website.
| | Status: The House Judiciary Committee adopted a strike-and-insert amendment that, among other things, would allow for notice by publication in either a print or online version of a newspaper for court proceedings involving real estate actions involving either unknown parties or known parties that cannot be located. It also would allow a personal representative to provide notice to creditors in a print version of a newspaper and an online version, if available, at no additional charge to the personal representative. Finally, notice to creditors in a probate action also would be permitted in counties whose probate court has a publicly accessible website that allows the online publication of notice for a fee. The probate court also could allow creditors to file claims online for a fee. H. 4511 was given a favorable report as amended, and the bill is pending second reading on the House calendar. | | Richland County Probate Judge Amy McCulloch testifies at a House Judiciary subcommittee on a bill that addresses changes in publication notices to creditors in probate matters. | | |
DUI Reform
S. 52 would reform the penalties for people convicted of driving under the influence. There were significant changes made to the bill on the Senate floor. One of those changes would create a centralized magistrate court and establish new jury areas within each county. This centralized court would have jurisdiction over all magistrate level offenses involving alcohol for first and second offense violations of § 56-5-2930 and § 56-5-2933, as well as any other magistrate level offenses as determined by the circuit solicitor. This also includes these offenses in the jurisdiction of municipal court if the solicitor has informed the court and attorney that they will assume prosecution of first offense violations. The clerk of court would be required to forward the arrest warrant or charging documents for these violations to the solicitor of the judicial circuit.
Status: The Senate gave S. 52 second and third reading as amended and sent the bill to the House.
Coroners Disposition of Remains
H. 4188 would allow coroners to release unclaimed remains to another family member of the deceased when the next of kin of the deceased is charged in connection with the death or is otherwise uncooperative in claiming the remains. It also would require the coroner to cremate unclaimed remains within 30 days of the date of death or date of discovery.
Status: The House Medical, Military, Public and Municipal Affairs Committee gave H. 4188 a favorable report, and the bill is pending second reading on the House calendar.
Pretrial Intervention Program
H. 4720 would allow a person to participate in a pretrial intervention program more than once if 20 years have passed since the date of the last successful completion of the program.
Status: The House gave H. 4720 second and third readings, sending the bill to the Senate.
| | County Government and Intergovernmental Relations | | |
Poll Workers’ Pay
H. 3551 would exempt certain compensation paid to poll managers and clerks of elections from gross income for income tax purposes and for purposes of the South Carolina Retirement System, an SCAC policy position.
Status: The Ways and Means Committee gave the bill a favorable report, and the House gave the bill second and third readings, sending it to the Senate.
Veterans’ Benefits
S. 695 would enact the “South Carolina Safeguarding American Veterans’ Benefits Act” to prohibit claim sharks who are not federally accredited by the Department of Veterans’ Affairs (DVA) from charging veterans for helping file their benefit claims. The amendments would clarify what constitutes excessive or unreasonable fees from those accredited by the DVA and what should be included in agreements between veterans and those offering to help them receive their benefits.
Status: The Senate gave S. 695 a second reading, and the bill is pending third reading on the Senate calendar.
Veterans Homes
H. 4799 would exempt veterans’ homes and hospitals owned and operated by the DVA from the certificate of need requirements.
Status: A House Medical, Military, Public and Municipal Affairs subcommittee amended the bill to include nursing homes owned and operated by DVA and gave H. 4799 a favorable report. The bill will be on the next full committee’s agenda.
| | Other Statewide Bills of Interest | | |
Hemp Products
The House had two bills dealing with hemp products on their calendar. H. 4758 would ban all consumable hemp products in South Carolina, and H. 4759 would establish regulations and guidelines for these products. After contentious debate, the House adjourned debate on H. 4758 and recommitted H. 4759 to the Judiciary Committee.
Abortion-Inducing Drugs
H. 4760 would establish crimes and penalties for the use of abortion-inducing drugs, such as mifepristone and misoprostol, with exceptions. After much debate, the House gave H. 4760 second and third readings and sent the bill to the Senate.
Regulations for Electronic Smoking Devices
S. 287 would require all electronic nicotine products sold in South Carolina to be registered with the S.C. Attorney General and listed in a public directory verifying federal authorization or review status. It also would restrict youth-appealing marketing and packaging, impose new fees and penalties, and ban the sale of any unlisted or noncompliant products. The Senate concurred in the House amendment, and the bill was enrolled for ratification.
| | Newly Introduced Legislation | |
Feb. 11 is the last day to register online for
Counties Connect, Institute and Chairperson's Workshop
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