May 1, 2026

With only six legislative days left in the 2025-26 session, both chambers spent most of the week on the floor trying to advance bills to the other chamber, giving legislation a chance at passing this year. The House finally reached a compromise on the SCDOT Modernization bill after hours of debate in which more than 150 amendments were proposed. The result was removing devolution language that allowed for transferring state roads to counties. The House also advanced a significantly amended version of the DUI reform bill. Next week, the House will take up Senate amendments to the budget.  

Meanwhile, the Senate continued working through their calendar, advancing a bill to increase the penalties associated with unlawful acts against police dogs and horses and debating a concurrency bill before it was objected to.  

These and other bills of interest to counties are detailed below. 

State House Sound Bites

“It strikes the road devolution plan. We heard from the counties that they didn’t like it, so we took that whole section out of the bill.”

– Rep. Bruce Bannister of Greenville County, who serves as chairman of the House Ways and Means Committee, on the SCDOT modernization bill  

“There is liability costs associated with police departments and sheriff's offices, detention centers, and any local government employee. When you double the exposure of those liabilities, you’re going to have an increase in premiums to reflect that. The local governments are going to have to come up with the funding in some manner, and there are very limited sources of revenue for local governments especially to address costs like that.”

– Sen. Shane Massey of Edgefield County on the increase in caps in the tort reform bill

Bills of Direct Interest to Counties

Revenue, Finance and Economic Development

South Carolina Department of Transportation (SCDOT) Modernization   

The House debated S. 831 for hours early in the week, considering over 150 amendments and finally compromising on two that would:  

• Remove all devolution language that would have allowed all roads identified by SCDOT as nonessential to the State Highway System to be transferred to counties and municipalities;  
• Remove the language in current law requiring a county’s transportation committee (CTC) to spend 33% of their C-Fund revenue on the state highway system;  
• Remove the fee increases for hybrid and electric vehicles; and 
• Abolish the SCDOT Commission and the Coordinating Council for Transportation and Mobility. 

The bill also includes language (as passed by the House Ways and Means Committee last week) to:  

• Abolish the current CTCs and require the legislative delegation to appoint the members. The legislative delegation may devolve the authority to appoint the members of the committees to the governing body of the county, but the devolution may be reversed by resolution at any time;  
• Add an ethics requirement and a residency requirement for CTC members;  
• Create a pothole remediation program to allow residents to report potholes to SCDOT through a mobile app or website and direct $15 million from the General Fund to pay for this program; and 
• Exempt certain purchases for road construction projects from the procurement code. 

Status: This week the House gave S. 831 second and third readings and sent the bill to the Senate. On Thursday, the Senate insisted on their version of the bill, and sent S. 831 to conference committee, where three members of each body will determine what will be in the final version. 

Municipal Capital Project Sales Tax 

S. 866 would enact the “Municipal Tax Relief Act,” authorizing a municipality located wholly or partially in a county that does not impose a 1% sales tax to impose a 1% municipal sales tax, subject to a referendum. At least 20% of the revenue must be used for property tax relief with the remaining revenue available to be used for transportation, infrastructure, parking lots or garages, core local government services, administration buildings, civic centers, police stations, fire stations, or any combination of the above projects. The tax could be imposed for up to eight years and could be reimposed for up to an additional seven years. SCAC worked with several senators on an amendment to limit the authority to cities within the two counties (Greenville and Oconee) that have never imposed a county-wide sales tax and to allow cities in Beaufort County to hold a sales tax referendum in 2028 if a county-wide referendum fails this year. The authority is not extended to any city in the other 43 counties. 

Status: This week, a House Ways and Means subcommittee and the full committee gave S. 866 a favorable report with no amendments, and the bill is pending second reading on the House calendar. 

Business Personal Property Tax 

H. 5006 would exempt 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 DOR. This part of the bill is an SCAC policy position. 

Status: The Senate Finance Committee gave H. 5006 a favorable report, and the bill is pending second reading on the Senate calendar. 

U.S.-Produced Iron and Steel  

H. 4709 would require a public entity entering a contract or purchasing materials for a public works project to include a requirement that any iron or steel product permanently incorporated in the project be produced in the United States.  

Status: The Senate Finance Committee gave H. 4709 a favorable report, and the bill is pending second reading on the Senate calendar. 

Land Use, Natural Resources and Transportation

Data Centers  

S. 867 would create a regulatory framework under the Department of Environmental Services (DES) and the Public Service Commission for permitting and siting requirements for data centers seeking to locate in South Carolina. Although local governments still would maintain authority over zoning and land use requirements, DES would have the ultimate authority to approve or deny any permit application regarding the siting and construction of a data center. Additionally, local governments must not delay state permitting decisions and must undertake comprehensive data center planning with clear development policies.  

Status: After several weeks of subcommittee discussion, the Senate Agriculture and Natural Resources Committee added S. 867 to its agenda to allow members to debate the legislation. The committee decided to hold all amendments for the floor debate, including a comprehensive amendment developed through stakeholder testimony during the subcommittee hearings. The committee acknowledged the bill likely will not pass this year but gave S. 867 a favorable report, and the bill is pending second reading on the contested Senate calendar.  

Protection of Monuments and Memorials 

S. 508 would prohibit local governments from relocating, removing, or disturbing certain monuments and memorials. The bill requires, among other things, plaques and markers to be removed prior to the demolition of a government structure and exempts a government entity that temporarily relocates or removes a monument or memorial, including road dedication signs, for construction projects as long as it is returned to its original location or close to its original location upon project completion. 

Status: The House Judiciary Committee amended S. 508 to limit damages that may be recovered for violations of prohibited actions, such as removing or altering certain monuments, to “reasonable costs.” Names of fallen soldiers, police, and first responders would no longer be required to come before the General Assembly to be updated with the names of deceased individuals. Also, QR codes could be used only for living memorials to update items such as deaths in the line of duty. The committee gave S. 508 a favorable report, as amended, and the bill is pending second reading on the House calendar. 

Concurrency Programs  

S. 227 would define concurrency programs and authorize local governments to enact them, an SCAC policy position. These programs would allow a county or municipality to manage the strain that growth and new development place on existing infrastructure. A local government could require a developer to pay impact fees, build, or fund improvements, phase in the project, or wait until infrastructure is expanded before approving a development project. A Senate Labor, Commerce, and Industry subcommittee previously amended the bill to allow counties, property owners, and other governmental entities to enter into written agreements providing for phased improvements, reimbursement mechanisms, capacity credits, or excess capacity contributions. 

Status: The Senate amended S. 227 this week making several major changes that would expand concurrency authority while potentially imposing more stringent administrative, legal, and financial obligations on counties. Notable changes include:  

• Adding public schools to the list of land development conditions or facilities that must be considered under a concurrency program; 
• Expanding the definition of “available capacity” to add proportionate share funding as a qualifying capacity;  
• Requiring mandatory infrastructure planning where counties are required to maintain a current capital improvements program (CIP) in order to use concurrency that identify funding sources, project timelines, and requires a local government to provide rejustification on any CIP projects without progress within 36 months;  
• Prohibiting local governments from denying projects unless the local government has a current comprehensive plan or a “realistic capital improvements plan;” and  
• Adding significant requirements to a concurrency program such as proportionate mitigation or constriction and public transparency requirements including a mandatory 45-day response from local governments to project applicants. 

After the amendment was adopted, a senator placed an objection on the bill prohibiting further debate. S. 227 is currently contested and is pending second reading on the Senate calendar.  

Roadside Markets 

H. 5097 would allow a roadside market where a farmer sells products produced on their farm to the public to be exempt from local government stormwater regulations, stormwater permitting requirements, and local building codes. This includes permitting, inspection, and construction requirements otherwise applicable to commercial or retail structures. The House adopted an amendment requested by SCAC and the Municipal Association of South Carolina to limit the exemption to farmers that operate the roadside market on property that they own or lease and to provide immunity to counties and cities in the event an injury to person or property occurs at a market that is exempt from inspection or permitting.  

Status: The Senate Judiciary Committee gave H. 5097 a favorable report, and the bill is pending second reading on the Senate calendar.  

Mobile Home Zoning  

H. 5113 would prohibit local governments from preventing the continued lawful but nonconforming use of property when a pre-existing manufactured or mobile home is replaced with a new one. The replacement home must be no more than five years old. The county may prevent such use under limited circumstances.  

Status: The Senate Judiciary Committee gave H. 5113 a favorable report, and the bill is pending second reading on the Senate calendar.  

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 safety laws and would make sure nothing could be construed as limiting the authority of a county or municipality to apply and enforce generally applicable regulations. 

Status: After hearing testimony from the Citadel, law enforcement, and concerned citizens, a House Education and Public Works subcommittee adjourned debate on the bill.  

Energy Standards for Construction  

H. 5216 would modernize energy code standards for public and commercial buildings, which are now subject to the 2009 International Energy Conservation Code. The House adopted an amendment allowing statewide modifications to the Energy Standard for construction not falling within the scope of the International Residential Code, including emergency modifications, to be made in the same manner as other building codes adopted by the South Carolina Building Codes Council.  

Status: The House gave H. 5216 second and third readings and sent the bill to the Senate.  

Transportation Network Companies  

H. 3474 would amend the “Transportation Network Company Act” to revise the definition of "personal vehicle" to include a personal vehicle that may be registered or licensed as a charter limousine with the South Carolina Public Service Commission or as a limousine or other for-hire vehicle by the governing body of a county or city.  

Status: The Senate Judiciary Committee gave H. 3474 a favorable report, and the bill is pending second reading on the Senate calendar.  

Utility Terrain Vehicles (UTVs) 

S. 222 would allow UTVs and farm UTVs to be used on public roadways with a speed limit up to 35 mph and would create regulations surrounding this usage, including limiting operation to within four miles of the address on the registration. The bill would prohibit a county from imposing any tax or fee on UTVs, but counties could require proof of residency for an operation permit sticker. The bill also would allow counties to regulate operation of UTVs in unincorporated areas by ordinance. The Senate amended the bill to delete all references to farm UTVs, to require a person operating a UTV to be at least 17 years old with a valid driver’s license, to change the maximum speed limit of roads in which UTVs can be operated to up to 55 mph, to increase the range of operation to within 10 miles, and to prohibit a modified exhaust system that is louder than its manufactured design. 

Status: The Senate this week further amended the bill to define “UTV” before a senator objected to the bill, moving S. 222 to the contested Senate calendar. 

Public Water Systems  

H. 5111, as originally introduced, would prohibit counties and municipalities from mandating connection to municipal water systems unless there is a public health threat documented through fines, fees, assessments, and penalties. The bill also would prohibit a county or municipality from denying building permits, certificates of occupancy, zoning approvals, subdivision approvals, or other land-use or development approvals solely because a property owner elects to use a private water well. Political subdivisions that knowingly violate these provisions would be subject to a civil penalty not to exceed $1,000 per day for each day the violation continues. The House amended the bill to allow local governments to still charge fees, require well registration, and mandate continued connection to public water systems unless the system is unable to provide service to a property. The House amendment also removed enforcement mechanisms (like lawsuits and penalties against local governments) and replaced them with more regulatory oversight and conditions favoring local water systems. 

Status: Pursuant to a unanimous consent request this week, the Senate moved H. 5111 from the Judiciary Committee and placed the bill on the Senate calendar where it is currently pending second reading. 

Public Safety, Judicial and Corrections

Police Animals 

H. 3034 would enact “Fargo's, Hyco's, Rico's, Coba's, Wick's, Mikka's, and Bumi’s Law," relating to harassing, injuring or killing police dogs or horses, by expanding the conduct that violates these provisions, increasing the penalties, and requiring restitution to the law enforcement agency, a past SCAC policy position. The House increased the penalty from up to five years in jail to up to 15 years for willfully and maliciously torturing, injuring, poisoning, or shooting into a vehicle while a police dog or horse is inside. The House also required law enforcement officers, including the South Carolina Law Enforcement Division (SLED), to maintain a detailed account of all incidents where police dogs are engaged and a dog bite occurs and subjected these accounts to the Freedom of Information Act. 

Status: The Senate further amended the bill to reduce the penalties for teasing police animals to no more than $1,000 and no more than one year in jail and to make shooting into a vehicle occupied by a police animal a felony punishable by no more than $1,000 and no more than five years imprisonment. The Senate then gave H. 3034 second and third readings, sending the bill back to the House to consider the above amendments. 

HOA Changes 

S. 903 would require certain homeowners' association documents to be subject to Section 30-5-30. This is an SCAC policy position. A committee amendment further defines “governing documents” and establishes a filing timeframe. 

Status: The Senate gave S. 903 a third reading this week, sending the bill to the House. 

Tort Reform  

H. 4544, as introduced, would amend the definition of “occurrence” to add, “for purposes of this chapter, where multiple acts or omissions constituting negligence occur without a break in the causal chain, and result in substantially the same injury, harm, or damages, such acts or omissions shall be deemed a single occurrence, regardless of whether committed by one or more individuals or entities.” The House previously amended the bill to raise the existing caps on damages found in the Tort Claims Act from $300,000 per individual to $600,000 per individual arising from a single occurrence and from $600,000 per occurrence to $1.2 million per occurrence. 

Status: A senator proposed an amendment to remove the section raising the caps, and after receiving both support and opposition, objected to the bill. The Senate has now placed the bill on its contested calendar. 

DUI Reform 

As passed by the Senate, S. 52 would reform the penalties for people convicted of driving under the influence. It also would have created a centralized magistrate court and established new jury areas within each county.  

Status: S. 52 moved through the House Judiciary Committee and onto the House calendar this week as members worked through numerous amendments in an effort to tighten DUI enforcement, procedures, and penalties. The House made several notable changes to the bill, including removing many structural reform components such as the establishment of a centralized prosecution system under the control of solicitors, the deletion of new jury areas within each county, and removing the requirement that clerks of court must forward arrest warrants or charging documents to their respective circuit solicitor. The House gave S. 52 second and third readings, sending the bill back to the Senate as amended.  

Deed Theft 

S. 822 would create the felony of deed theft and make it unlawful for a person to alter, forge, or counterfeit any real estate instruments; possess or use a real estate instrument knowing it to have been altered, forged or counterfeited; or use a false or fictitious name or address, make a materially false statement, fail to disclose a security interest or conceal any other material fact in the filing of a real estate instrument. However, real estate attorneys could file corrective deeds and mortgages to make changes to real estate instruments. 

Status: The Senate further amended the bill to allow victims to bring an action in circuit court against the wrongdoer before giving the bill second reading and third readings, sending S. 822 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. The bill also would allow the coroner to cremate unclaimed remains 30 days after the date of death or date of discovery and allow the remains to be buried or interred in a cemetery in the county where the remains were found. 

Status: The Senate Judiciary Committee gave H. 4188 a favorable report as amended, and the bill is pending second reading on the Senate calendar. 

Juvenile Fingerprints 

H. 5120 would require the Department of Juvenile Justice to fingerprint and photograph juveniles admitted to any secure facility operated by the agency and send these to SLED. The fingerprints must be kept separate from adults’ fingerprint records. 

Status: The Senate Judiciary Committee adopted an amendment to require the reporting of a student assaulting a volunteer to a school and gave H. 5120 a favorable report, as amended. H. 5120 is pending second reading on the Senate 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 program completion. 

Status: The Senate gave H. 4720 second and third readings, and the bill will be enrolled for ratification. 

Evictions 

H. 4270 would require that personal information in filings and records on a defendant—who was subject to eviction or ejection, when the case was resolved by settlement or subsequent payment that satisfied any debt—must be removed from the public records five years after the final disposition if no additional filing is recorded. 

Status: The Senate amended the bill to increase the timeframe from five years to seven years and added that as long as there are no additional eviction filings during the seven-year period, filings and records must be removed from public records. The bill was given second reading, and H. 4270 is pending third reading on the Senate calendar.  

Street Takeovers 

H. 4292 would make it unlawful to organize or participate in a deliberate and coordinated blocking of a public street, highway, or parking lot for racing, burnouts, or any other such reckless behavior with vehicles. It also outlines penalties. 

Status: The Senate Judiciary Committee gave H. 4292 a favorable report, and the bill is pending second reading on the Senate calendar. 

Magistrate Court Costs and Fees 

H. 4813 would increase the fines, fees, and assessments on several filings collected in magistrate courts. The revenue produced from the fee increases may not be used to replace existing county funding. 

Status: The Senate Judiciary Committee amended the bill to allow the increased fee revenue to be used for security expenditures in magistrates court. The amendment also would extend the validity period for magistrate eligibility exam scores from six months to 18 months. The committee then gave H. 4813 a favorable report as amended, and the bill is pending second reading on the Senate calendar. 

Magistrates Court Representation  

H. 3335 would authorize a housing authority to designate a non-attorney to represent them in magistrate court. 

Status: The Senate Judiciary Committee made a technical amendment and gave H. 3335 a favorable report, as amended. The bill is pending second reading on the Senate calendar. 

Firefighters Workers’ Compensation Coverage 

H. 3163 would revise 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 and after verifying 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.  

Status: A Senate Judiciary Committee gave H. 3163 a favorable report, and the bill is pending second reading on the Senate calendar.  

Pregnancy During Incarceration 

S. 385 would enact the “Women's Childbirth Alternatives, Resources, and Education Act” to support pregnant women in incarceration facilities. It would mandate pregnancy testing upon admission, allow for supervised pre-incarceration probation under certain conditions, and permit deferred sentencing for nonviolent offenders at least 12 weeks after childbirth. The act also would establish penalties for failure to surrender, outline procedures for pregnancy loss during probation, and set reporting requirements. 

Status: The Senate adopted a committee amendment to allow a judge to place the defendant on supervised probation or delay incarceration from 12 weeks to 12 months if a defendant is pregnant or in a postpartum period. The defendant must surrender to the jail of the county of conviction for sentencing after the postpartum period. The Senate then gave S. 385 second and third readings, sending it to the House. 

County Government and Intergovernmental Relations

Veterans Homes  

H. 4799 would exempt veterans homes, hospitals, and nursing homes owned and operated by the Department of Veterans Affairs from the certificate of need requirements.  

Status: The Senate Medical Affairs Committee gave H. 4799 a favorable report, and the bill is pending second reading on the Senate calendar.

Other Statewide Bills of Interest

Circuit Court Judges  

H. 4805 would increase the number of circuit court judges in certain judicial circuits. The Senate Judiciary Committee gave H. 4805 a favorable report, and the bill is pending second reading on the Senate calendar.  

Insurance Rate Reduction Act  

H. 4817 would overhaul the insurance business in South Carolina. Section 12 of the bill would charge the director of the South Carolina Department of Insurance or their designee with approving the appropriation of funds for local government loss mitigation projects. The Senate Banking and Insurance Committee amended the bill this week to provide regulatory flexibility to large insurance groups and require that insurers must offer a $0 auto glass deductible option with a cap on replacement deductibles set at $100. The committee gave H. 4817 a favorable report, as amended, and it is pending second reading on the Senate calendar.  

Underground Storage Tank Laws/Pipelines  

S. 893 would align federal and state standards and provide clear, consistent criteria for identifying and counting the underground storage tanks subject to oversight by DES. The bill also would increase the maximum reimbursement for qualifying cleanup costs resulting from a petroleum release from an underground storage tank from $1 million to $2 million and restore $1 million to the State Underground Petroleum Environmental Response Bank (SUPERB) financial responsibility fund, commonly known as the cleanup fund. In addition, the bill would change the annual renewal fee and add a member to the SUPERB Advisory Committee, requiring that the appointee be an underground storage tank owner. The House Ways and Means Committee gave S. 893 a favorable report, and the bill is pending second reading on the House calendar.

Newly Introduced Legislation

See below links for summaries of legislation introduced this week.

House Bills

Senate Bills

View/Download Full Text for Newly-Introduced Legislation

You can also go to www.scstatehouse.gov and click on "Legislation," then "Introduced Legislation."

Note: If you would like to offer comments to the SCAC staff, please call us toll-free at 1-800-922-6081, fax to (803) 252-0379, or send an email.