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Gov. Henry McMaster gave his State of the State address Wednesday night, focusing on South Carolina’s achievements in attracting people and businesses over the past year. He also mentioned tax cuts, teacher pay raises, and infrastructure as high priorities that he would like for the General Assembly to continue to address.
Throughout the week, the Senate spent time debating a school voucher bill (S. 62) that would allow for public funds to be used for private and religious schools in response to the South Carolina Supreme Court striking down the legislature’s first attempt (Act 8 of 2023). Meanwhile, a House Labor, Commerce, and Industry subcommittee continued meeting to discuss the comprehensive energy bill (H. 3309). This bill includes a provision that would require solar arrays larger than 125 acres coming into a county to also get approval from the Public Service Commission. SCAC anticipates additional meetings as sufficient energy production is a House Republican caucus priority. Additional bills of interest to counties are below.
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Revenue, Finance, and Economic Development
This week, House Ways and Means budget subcommittees continued meeting and receiving budget requests from state agencies and other entities. The full Ways and Means Committee is scheduled to deliberate the state budget bill the week of Feb. 17, and 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.
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County Government and Intergovernmental Relations
Military Advisory Council — S. 89. This bill amends section 25-11-100, which concerns the South Carolina Military Base Task Force. It renames the 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 advisory council to meet at least once each calendar year. The Senate Judiciary Committee gave S. 89 a favorable report, and the bill is pending second reading on the Senate calendar.
Veterans’ Homes — S. 218. This bill clarifies the transfer of South Carolina veterans’ homes from the Department of Mental Health (DMH) to the 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 Judiciary Committee gave S. 218 a favorable report, and the bill is pending second reading on the Senate 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 Ethic 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. A House Judiciary subcommittee gave H. 3570 a favorable report, and the bill will be on the next full committee’s agenda.
Storm Damage Recovery — S. 157. This bill amends Section 58-27-1105, to include a definition for "qualified independent third party." Additionally, it allows an electric utility to incorporate storm recovery costs from Hurricane Helene into its cost of capital, covering the period from the date of the storm until the issuance of storm recovery bonds. The bill also modifies Section 58-27-1110, which addresses the petition for financing orders and their requirements, permitting an electric utility to postpone the review and approval of a financing order. A Senate Judiciary subcommittee carried the bill until a later date.
Public Service Authority RFP 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. A Senate Judiciary subcommittee gave S. 57 a favorable report, and the bill will be on the next full committee’s agenda.
Santee Cooper Joint Project Authorization — S. 12. This bill adds Section 58-31-205 to allow the Public Service Authority to co-own, as tenants-in-common or through a limited liability company, electrical generation and transmission facilities with investor-owned utilities. A Senate Judiciary subcommittee gave S. 12 a favorable report, and the bill will be on the next full committee’s agenda.
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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. A House Judiciary subcommittee amended the effective date of the bill from the date of approval by the Governor to the retroactive date of Jan. 1, 2025. The bill was given a favorable report as amended and 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 such as 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. A Senate Judiciary subcommittee gave S. 74 a favorable report, and the bill will be on the next full committee’s agenda.
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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 to have criminal background check by the South Carolina Law Enforcement Division no later than 130 days prior to the general election. Finally, the bill 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. SCAC testified along with several county coroners in favor of the legislation. A House Judiciary General Laws subcommittee adjourned debate on H. 3048 and should take up the bill at their next meeting. | |
Sumter County Coroner Robert Baker (left) and Chesterfield County Coroner Kip Kiser testified at a House General Laws subcommittee hearing. | |
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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 to educate the public on the dangers of distracted driving. A House Judiciary General Laws subcommittee adjourned debate on H. 3048 and should take up the bill at their next meeting.
Failure to Stop — H. 3127. This bill increases the penalties for failure to stop when signaled by law enforcement. A person will be guilty of a felony and imprisoned for not more than 10 years. The bill also lists several aggravated factors that can impact sentencing. A House Judiciary subcommittee adjourned debate on the bill after receiving testimony.
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Land Use, Natural Resources, and Transportation
Mining and Solid Waste Siting — H. 3503. This bill prevents the Department of Environmental Services (DES) from issuing permits for the construction of solid waste management facilities and mining activities if located within a two-mile radius of any park, preserve, green space, or other protected natural area owned by or managed by the United States, the state, a county, a municipality, or any other public entity. SCAC staff testified in opposition to the bill, stressing the adverse impact that this legislation would have on counties across the state regarding not only the construction of landfills, but also on the siting of transfer stations and collection and disposal facilities if the legislation were to be enacted. A House Agriculture, Natural Resources and Environmental Affairs subcommittee voted unanimously to adjourn debate on H. 3503.
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SCAC Staff Attorney John Wienges testified at a House Agriculture, Natural Resources and Environmental Affairs subcommittee hearing. | |
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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 was made aware of a proposed amendment to the bill that would have preempted local regulations and ordinances regarding setbacks, construction, and permitting aspects regarding the installation of a private water well. SCAC is continuing to work with stakeholders on the amendment to protect the interests of counties across the state. A House Agriculture, Natural Resources and Environmental Affairs subcommittee voted to adjourn debate on H. 3656 until a later date.
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 Fish, Game, and Forestry Committee gave S. 167 a favorable report, and the bill is pending second reading on the Senate calendar.
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. A Senate Banking and Insurance subcommittee gave S. 163 a favorable report, as amended, 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 last minute as 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 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 voted to adjourn debate on S.2 until a later date.
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