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The Senate spent a large portion of their time this week on the floor debating several amendments to S. 244, the tort reform bill, in a continued effort to reach a compromise. As of Thursday, the bill remains in Special Order status with debate likely to continue next week. Meanwhile, a Senate Judiciary subcommittee continued taking testimony on H. 3309, the comprehensive energy reform bill, and advanced the legislation to the full committee.
The House met in perfunctory session this week, meaning there were no bills debated on the floor. However, several House committees met, including the House Education and Public Works Committee, which took up H. 3927, relating to diversity, equity, and inclusion (DEI) practices, and advanced the bill to the House calendar.
These and other bills of interest to counties are discussed below.
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Public Safety, Corrections and Judicial
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.
The Senate adopted an amendment on Tuesday to the Tort Claims Act (TCA) to increase the caps for damages from $300,000 to $500,000 for a single individual and from $600,000 to $1 million for an occurrence. The caps for liability of a governmental entity for medical malpractice will also increase from $1.2 million to $2 million.
Finally, the bill redefines occurrence under the TCA 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. SCAC staff believes this change is an improvement to the current definition of occurrence. The Senate adjourned Thursday afternoon without reaching an agreement on the bill. SCAC will provide updates as the Senate continues to work toward a compromise.
Juvenile Detention Agreements — S. 374. This bill requires the South Carolina Department of Juvenile Justice (DJJ) to enter into intergovernmental agreements with counties or municipalities who use the department’s detention services. The agreements must detail the per diem costs and invoice process. The bill allows DJJ to deny admission of youth from counties and municipalities delinquent in payment of per diem rates. More importantly, the bill removes the $50 per diem cap and allows DJJ to determine the per diem based on the average operating cost among all pre-adjudicatory state facilities. DJJ would be responsible for paying one-third of that amount, and counties and municipalities would pay the balance. The DJJ director has indicated that it costs approximately $400 a day to house each juvenile. The county share of that per diem would be around $267. That is more than five times what counties are currently paying per day!
The Senate Corrections and Penology Committee gave S. 374 a favorable report, and the bill will be on the calendar week. SCAC and other stakeholders are meeting with the director of DJJ next week to try to work out a more reasonable per diem rate.
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.
Other notable changes contained in S. 126 include:
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delaying the effective date of Act 56 from July 1, 2025, until Jan. 1, 2026;
- making the completed request forms, and any related documents, exempt from disclosure;
- authorizing a governmental agency to require additional information from the requestor in addition to the request form and affidavit; and
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adding 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.
The Senate gave S. 126 second and third readings, sending it to the House.
Electronic Nicotine Regulation — S. 287. This bill provides regulations for the sale of electronic nicotine delivery systems, known as ENDS products. The bill, among other things, makes it unlawful for retailers, wholesalers, or distributors of ENDS products to sell or distribute unauthorized ENDS products, including those labeled with terms such as “candy” and those not part of a directory, which will be overseen by the Attorney General. The Senate adopted a committee amendment to specify that local law enforcement agencies have the authority to enforce the provisions of the bill and that fines and penalties resulting from a violation of the provisions of the bill will be retained by the state or local agency bringing the action. The Senate gave S. 287 second and third readings, sending it to the House.
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Land Use, Natural Resources and Transportation
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.
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 from the waste tire hauler registration requirements;
- updating the current tire rebate program to encourage retailers to use waste tire haulers;
- adding tire manufacturers and the Department of Commerce as members of the Solid Waste Advisory Council Grants Committee; and
- encouraging the development of a statewide market infrastructure for tire-derived products.
The Senate adopted a technical amendment this week before carrying the bill over for additional discussion next week. S. 171 remains pending a second reading on the Senate calendar.
Energy Bill — H. 3309. This bill enacts the “South Carolina Energy Security Act” to address the state’s energy needs over the next decade. A Senate Judiciary subcommittee amended the bill with the same language that the subcommittee adopted in last year’s bill. The following provision may raise a Home Rule issue for some counties:
The bill redefines a major facility to include an electric plant and associated facility that operates at a capacity of more than 75 megawatts, or that requires a footprint of more than 125 acres of land. This means that solar arrays larger than 125 acres coming into a county will now also have to get approval from the Public Service Commission. As a result, the Public Service Commission would be able to refuse to apply local law or regulation regarding solar arrays over 125 acres “if it finds that, as applied to the proposed facility, such law or regulation is unreasonably restrictive in the view of existing technology, or of factors of cost or economics or of the needs of consumers whether located inside or outside of the directly affected government subdivisions.” The subcommittee gave the bill a favorable report, as amended, and sent H. 3309 to the full committee.
If you have any concerns about this bill, please contact your senators.
Abandoned and Derelict Vessels — S.367. This bill establishes protocols for the Department of Natural Resources (DNR) and local law enforcement agencies to handle abandoned, derelict, and sunken vessels. Any person may remove and dispose of derelict, abandoned, and sunken vessels, and may bring a civil action in magistrate court against a responsible party to recover the costs of removal and disposal, attorney’s fees, and court costs within the three-year statute of limitations. DES, in cooperation with DNR, must also develop and maintain a website for law enforcement and the public to report vessels that are sunken, wrecked, or junked. This bill allows DNR, or a designated person, to remove vessels that are determined to be a significant navigational or environmental hazard by both directors of DNR and DES. The Senate Fish, Game and Forestry Committee gave S. 367 a favorable report, as amended, and the bill is pending second reading on the Senate calendar.
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County Government and Intergovernmental Relations
Diversity, Equity, and Inclusion (DEI) — H. 3927. This bill enacts the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity Act,” which restricts state and quasi-state agencies, including schools, universities, and political subdivisions, including counties, in DEI practices. It prohibits preferential treatment or special benefits based on race, sex, ethnicity, gender, or sexual orientation in hiring, employment practices, or any related activities.
Specifically, the amended bill provides that:
- No state or quasi-state agency can establish DEI offices unless required by law.
- No state or quasi-state agency can compel or solicit DEI statements or grant preferential treatment based on them.
- Employment practices must comply with equal treatment under state and federal constitutions, avoiding special benefits for protected characteristics.
- Participation in programs promoting preferential treatment based on these characteristics is not required.
The bill also mandates that state and quasi-state agencies, as well as political subdivisions, including counties, report complaints regarding violations of the Act by Aug. 1 each year. The Department of Administration must provide a report to the General Assembly by Oct. 1 each year. Individual identities in complaints will remain confidential, and the Attorney General will enforce these provisions. Nothing in the bill is intended to prevent political subdivisions from engaging in speech protected by the South Carolina or U.S. Constitutions or from complying with state or federal law. The House Education and Public Works Committee gave H. 3927 a favorable report, as amended, and the bill is pending second reading on the House calendar.
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