|
The Senate worked until 10 p.m. Wednesday to reach a compromise on the tort reform bill, S. 244. After the compromise amendment was presented and explained to members, the Senate adopted it and gave the bill a second reading. Before adjourning for the week, the Senate moved H. 3309, the comprehensive energy reform bill, to special order status Thursday, ensuring its debate soon.
The House debated H. 3927, a bill relating to diversity, equity, and inclusion (DEI) practices at state agencies and political subdivisions including local governments. After several procedural motions, the House adjourned debate on H. 3927 until next week. Several committees in the House and Senate met to take up bills of interest to counties. These bills are discussed below.
| |
Revenue, Finance and Economic Development
Redevelopment Authorities: Tax Increment Financing for Affordable Housing — H. 3333 and S.190. These bills add certain affordable housing projects to what qualifies as a redevelopment project of a federal military installation, known as a Redevelopment Authority (RDA). They include an affordable housing project (defined referencing median income percentages according to the U.S. Department of Housing and Urban Development) where all or a part of new property tax revenues generated in the tax increment financing district (TIF) are used to provide or support publicly and privately owned affordable housing in the district or are used to provide infrastructure projects to support affordable housing. They also extend the bonding period for redevelopment projects from 15 years to 35 years allowing municipalities to spend TIF dollars outside of the RDA for items such as infrastructure support. A House Medical, Military, Public, and Municipal Affairs subcommittee gave H. 3333 a favorable report, and the bill will be on the next full committee’s agenda. The Senate amended S. 190 by removing Section 3, which defines a closed or realigned military installation, and gave the bill second reading.
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 FY 2025-26 begins without a General Appropriations Act and provides for exceptions. A House Ways and Means subcommittee gave S. 291 a favorable report and the bill will be on the next full committee’s agenda.
| |
Public Safety, Corrrections 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 and reducing the amount of liability insurance that businesses with liquor licenses are required to carry.
The bill amends 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.
The bill also 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.
An amendment adopted late Wednesday night:
- Refines how fault is apportioned in civil cases;
- Reduces the business liquor license liability total coverage to $500,000;
- Raises the minimum amounts of certain types of auto insurance coverages as required under state law;
- Requires businesses that sell alcohol after midnight to use a forensic digital identification system to validate a person entering the premises.
The Senate gave S. 244, as amended, second and third readings and sent it to the House.
Juvenile Detention Agreements — S. 374. This bill requires the Department of Juvenile Justice (DJJ) to enter into intergovernmental agreements with counties or municipalities who use the DJJ’s detention services. The agreements must detail the per diem costs and invoice process. The bill allows the department 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 the 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 5 times what counties are currently paying per day!
S. 374 is pending second reading on the contested calendar of the Senate. SCAC will continue to work with the director of DJJ to come up with 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:
-
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
-
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.
A House Judiciary subcommittee gave S. 126 a favorable report and the bill will be on the next full committee’s agenda.
Gang/Anti-Racketteering — S. 76. This bill provides enhanced penalties to eliminate the patterns, profits, proceeds, instrumentalities, and property facilitating criminal gang activity, including criminal gang recruitment.
S. 76 revises several definitions, including requiring the assembly of at least three people to
constitute criminal activity. Additionally, the bill contains anti-racketeering provisions to complement the street gang and criminal enterprise prevention article and creates offenses and penalties for violations. Finally, the bill allows the Department of Corrections, DJJ, and local jails and detention centers to house gang members together, because of spacing constraints. The Senate Judiciary Committee gave the bill a favorable report and S. 76 is pending second reading on the Senate calendar.
Fentanyl/Drug-Induced Homicide — H. 3591 and S. 156. These bills establish 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. It is punishable by imprisonment for no more than 30 years. Further, they prohibit a defense from being 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. A subcommittee amended S. 156 to require that fentanyl be a direct cause of the death. The House Judiciary committee adopted the subcommittee amendment to S. 156 and gave the bill a favorable report, as amended, before recommitting H. 3591. S. 156 is pending second reading on the House calendar.
Second Amendment Financial Privacy Act — H. 3930. This bill creates “The Second Amendment Financial Privacy Act” to prohibit a government entity, including local government but excluding local law enforcement conducting legitimate criminal investigations, from keeping records of privately-owned firearms. A House Judiciary subcommittee gave H. 3930 a favorable report and the bill will be on the next full committee’s agenda.
Firefighter Training Cost Reimbursement — H. 3188. This bill provides that a fire department that assumes the cost of training a firefighter may be reimbursed for these costs by another fire department that subsequently hires the firefighter within a certain time period. This is a past SCAC policy position. A House Ways and Means subcommittee adjourned debate on the bill to gather additional information.
| | | | |
Left: SCAC Staff Attorney John Wienges and SC Counties Workers' Compensation Insurance Trust Claims Manager Lang Kelly after a House subcommittee meeting on a bill addressing workers' compensation coverage for firefighters.
Above: SCAC Governmental Affairs Director Kent Lesesne testifies at a House Judiciary subcommittee meeting on a bill about autism training for law enforcement and EMTs.
| | |
Firefighters Workers’ Compensation Coverage — H. 3163. This bill revises the list of existing occupational diseases that are currently compensable under the South Carolina Workers’ Compensation Law to include the occurrence of a stroke as one of the conditions that are presumed to have “arisen out of and in the course of employment” for firefighters. SCAC staff testified in support of an amendment to the bill clarifying that this presumption only applies if the condition or conditions develop while a firefighter is actively engaged in fighting a fire, participating in a technical rescue incident or training exercise that involves stressful or strenuous physical activity, or within 24 hours thereof. The presumption does not apply to clerical, administrative, or sedentary activities. A House Labor, Commerce and Industry subcommittee adopted the amendment and gave H. 3163 a favorable report, as amended. This bill will be on the agenda at the full committee meeting.
Law Enforcement/EMS Autism Training — H. 3285. This bill revises the Continuing Law Enforcement Education Credit requirements in South Carolina to require a program on autism spectrum disorder. The bill also requires all EMTs to complete training in autism spectrum disorder. A House Judiciary subcommittee gave H. 3285 a favorable report and the bill will be on the next full committee’s agenda.
Small Estates in Probate — H. 3472. This bill increases the limit of a small personal estate from $25,000 to $45,000 to allow more estates to go through summary administration in probate. A Senate Judiciary subcommittee gave the bill a favorable report, and H. 3472 will be on the next full committee’s agenda.
Probate Trusts — H. 3432. This bill amends the Rule Against Perpetuities in the probate code to increase the vesting time from 90 to 360 years to make South Carolina a more trust-friendly state. A Senate Judiciary subcommittee gave the bill a favorable report, and H. 3432 will be on the agenda at the next full committee.
| | Land Use, Natural Resources and Transportation | | |
Energy Bill — H. 3309. This bill enacts the “South Carolina Energy Security Act” to address the state’s energy needs over the next decade. The Senate Judiciary Committee amended the bill with the following provisions may raise a Home Rule issue for some counties:
Section 18 of 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.” There was an attempt to amend the bill at committee to remove this provision and SCAC testified in favor of maintaining local control over these solar sites. However, the amendment was voted down.
The Senate Judiciary Committee gave the bill a favorable report, as amended, and H. 3309 is pending second reading in Special Order status on the Senate calendar.
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 magistrates court against a responsible party to recover the costs of removal and disposal, attorney’s fees, and court costs within three years. The Department of Environmental Services, 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. The Senate gave S. 367 second and third readings and sent the bill to the House. | |
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 their 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.
After several procedural motions, the House adjourned debate on H. 3927 until next week.
Transfer of Development Rights — S. 288. This bill permits local governments, by ordinance, to allow for the voluntary transfer of development rights (TDR) permitted on one parcel of land to another parcel of land. TDR allows landowners to sell or transfer their rights to develop property to developers in other locations where development is encouraged, and infrastructure and services are already in place. Additionally, the bill allows two or more local governments to establish a joint TDR program. A Senate Judiciary subcommittee gave the bill a favorable report, and it will be on the next full committee’s agenda.
Veterans’ Homes — S. 218. This bill deals with the transfer of South Carolina veterans’ homes from the Department of Mental Health to the Department of Veterans Affairs (DVA). It requires the DVA to adopt and implement criteria, policies, and procedures for admissions to and discharges from these veterans’ homes. Additionally, the bill requires the DVA to establish and collect fees for residency and services provided by the veterans’ homes. Finally, it allows the DVA to receive state and federal benefits for the veterans’ homes. A House Medical, Military, Public, and Municipal Affairs subcommittee gave S. 218 a favorable report, and the bill will be on the next full committee’s agenda.
Political Parties and Primaries — H. 3556. This bill requires the state executive committee to hear protests and contests related to partisan county officers, partisan less than county officers, and partisan municipal officers. Additionally, this bill authorizes the committee to adopt a resolution mandating that a surety bond accompanies any protest or contest. Further, the committee is responsible for handling appeals from its decisions, and the timeframe for conducting these hearings will be extended. The bill further clarifies under which sections of the code municipal primary protests and contests will be filed, heard, and decided. The House adopted a committee amendment to require the state executive committee to adopt a resolution mandating that a surety bond accompany any protest or contest before giving H. 3556 second and third readings, sending the bill to the Senate.
Candidate Filing — H. 3557. This bill addresses the qualifications for candidates running in general elections. It aims to shorten the candidate filing period and requires all candidates from each political party in the state to pay a filing fee. Additionally, the bill allows political parties to charge a certification fee to all candidates. It also amends Section 7-11-210, which pertains to the filing of party pledges by candidates, to change the deadline for filing a party pledge. The House adopted a committee amendment to provide that if the March 16 filing timeframe starts on a Saturday or Sunday, the time for filing begins the next regular business day. The House then gave H. 3557 second and third readings, sending the bill to the Senate.
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. A House Medical, Military, Municipal and Public Affairs Committee amended the bill to make technical changes and to require oversight and annual reporting to the General Assembly by the Department of Behavioral Health and Developmental Disabilities. S. 2 received a favorable report, as amended, and it will be on the next full committee’s agenda.
Special Purpose Districts — H. 3731. This bill allows eligible special purpose districts to own, acquire, sell, or otherwise interact with property in the future. The current law allowing this is set to sunset June 30, 2027. The House gave H. 3731 second and third readings, sending the bill to the Senate.
| | Newly Introduced Legislation | | | | |
