January 26, 2024

The Senate Finance Committee met for the first time in 2024 and took up several bills of interest to counties. When not in committee meetings, members of the Senate spent time on the floor debating H. 3594, the “Constitutional Carry” of concealed weapons bill. The House continued meeting in budget subcommittees to hear from various state agencies on budget requests for FY 2024-25. Several bills of interest to counties are discussed below.

Online Tax Sales — S. 620. This bill would provide counties with the option to conduct delinquent tax sales online. The Senate Finance Committee adopted a subcommittee amendment to clarify that counties that choose to conduct these sales online are not required to contract with a vendor to do so. The amendment also creates a one-day grace period for remittance of funds from the sale of property to the county treasurer or tax collector after the in-person sale of a particular parcel. This is an SCAC policy position. The Senate Finance Committee gave S. 620 a favorable report, as amended, and the bill is pending second reading on the Senate calendar.

Veterans’ Property Tax Exemption — H. 3116. This bill would allow a veteran of the U.S. Armed Forces who is permanently and totally disabled because of a service-connected disability to immediately claim a property tax exemption for his owner-occupied property in the year in which the disability occurs. The Senate Finance Committee amended the bill to extend the exemption to a surviving spouse of the veteran and also to extend the exemption on a motor vehicle of a disabled veteran to a vehicle held in trust. H. 3116 is pending second reading on the Senate calendar.

Sine Die Budget — S. 806. This bill would provide that sine die adjournment is automatically extended if the House does not give a third reading to the Annual Appropriations Act on or before March 10. It allows the President of the Senate and the Speaker of the House to call their bodies into session after sine die adjournment and until the first Thursday in June to finish any business relating to the General Appropriations bill or Capital Reserve Fund resolution. The Senate Finance Committee gave S. 806 a favorable report, and the bill is pending second reading on the Senate calendar.

Streaming Service Franchise Fees — H. 3782. This bill would amend the definition of “Video Service” in Section 58-12-300 of the Code by adding “any video programming provided by direct-to-home satellite services” and “streaming content.” The purpose of the bill is to codify that streaming content revenue is not subject to franchise agreements between a governmental entity and a video service provider. The Senate adopted a technical amendment before giving the bill second and third readings. The House concurred with the Senate amendment, and H. 3782 was enrolled for ratification.

Pictured below: SCAC Director of Governmental Affairs Kent Lesesne testified at a Senate Judiciary subcommittee meeting this week.

County Auditors — H. 3608. This bill eliminates the requirement that any deed of conveyance of real property must be endorsed and recorded by the county auditor before the deed can be recorded in the office of the clerk of courts or register of deeds. The bill also eliminates the associated county auditor fee of 25 cents for making such endorsements. All conveyances of real estate that were recorded by a clerk of court or register of deeds of any county that meet the statutory prerequisites for recording are valid and binding, even without the endorsement of the county auditor. This is an SCAC policy position. The House Judiciary Committee gave H. 3608 a favorable report, and it is pending second reading on the contested House calendar.

Representation in Magistrate Court — H. 4029. This bill allows a housing authority to designate an employee or principal to represent it in magistrate court. The designation must be in writing and must be submitted to the magistrate at the time the initial pleading in the case is filed by the party. The House gave H. 3608 a second reading, and the bill is pending third reading on the House calendar.

Fallen First Responders Advocate — H. 3523. This bill establishes the Fallen First Responder Advocate position within the Department of Administration to assist surviving family members of first responders killed in the line of duty. First responders are identified by the bill as law enforcement officers, firefighters, corrections officers, or EMT personnel who volunteer for or are employed by the state or its political subdivisions. The advocate will advise and assist surviving family members with any and all issues that arise as a result of the death of their family member. This assistance will continue as needed for the life of the survivors and will be retroactively applied to current survivors. The House adopted an amendment to state the position is contingent on funding and gave H. 3523 a second reading as amended. The bill is pending third reading on the House calendar.

Executive Office of Health and Policy — S. 915. This bill would establish the Executive Office of Health and Policy and require a Secretary to lead the office in developing a comprehensive State Health Plan, among other things, for public health services provided by the component departments housed within the office, which include: the Department of Health Financing; the Department of Public Health; the Department of Aging; the Department of Intellectual and Related Disabilities; and the Department of Behavioral Health and Substance Abuse Services. The component departments shall be headed by a department director appointed by the Secretary with the advice and consent of the Senate. The Secretary must also develop a budget in coordination with each component department constituting a separate program area.

The bill would also strike the Departments of Aging, Alcohol and Other Drug Abuse Services, Disabilities and Special Needs, Health and Human Services, Mental Health, and Public Health from the list of departments in the executive branch of state government and adds the “State Office of the Secretary of Public Health and Policy.” Additionally, S. 915 outlines what is to occur to specific agencies upon the effective date of the Act, including who is to serve as interim department directors of their respective departments within the Executive Office of Health and Policy, among other items of business. A Senate Medical Affairs subcommittee gave S. 915 a favorable report with the caveat that several amendments may be offered on the bill at the next full committee meeting.

Municipal Elections — H. 3734. This bill would require all municipal elections to be conducted using the voting system approved and adopted by the State Election Commission, an SCAC policy position. It would also require all municipal elections to be held in odd-numbered years on one of the following dates: on the third Tuesday in March, the first Tuesday in July, or the first Tuesday after the first Monday of November. A county board of registration and elections shall conduct a municipal election if a municipality elects to transfer its election authority to the county. The terms of incumbent council members elected in an odd year may be extended to the new election date, and the terms of newly elected officers do not commence until the next regular meeting of the municipal council in the month following certification of the election results by the election commission. 

A Senate Judiciary subcommittee adopted an amendment to delete the provision in Section 15-15-120 that incumbents hold over in office pending until the election is finally determined. The amendment also abolishes municipal election commissions in cities with fewer than 100,000 people. All other municipalities would retain the option to have a municipal election commission. The amendment would also provide that if a municipal election held on Nov. 7, 2023, has yet to be certified, it must be certified within 30 days of the effective date of this Act, and all material relative to the election must be provided by the appropriate governing body to the board within 10 days of the effective date of this Act. Finally, the amendment would require that appeals of election results must be heard by the court of common pleas within 30 days. The subcommittee gave H. 3734 a favorable report, as amended, and the bill will be on the next full committee’s agenda.

Municipal Election Protests — H. 4589. This bill would amend Section 15-15-120 of the Code to delete the provision that incumbents hold over in office pending until the contested election is finally determined, would amend Section 5-15-140 to delete language that provides that a notice of appeal acts as a stay of further proceedings, and would provide that appeals are given first priority of consideration by the court of common pleas. A House Judiciary subcommittee gave H. 4589 a favorable report, and the bill will be on the next full committee’s agenda.

Early Voting Hours — H. 4590. This bill would extend the hours of operation of early voting centers from 6 p.m. to 7 p.m. for statewide general elections and from 5 p.m. to 7 p.m. for non-general and runoff elections. A House Judiciary subcommittee gave H. 4590 a favorable report, and the bill will be on the next full committee’s agenda.

Micro-Distillery Sunday Sales — H. 4231. As introduced, this bill would allow a micro-distillery selling liquor at its licensed premises to sell the alcoholic liquors distilled on the licensed premises at retail on Sundays as long as the county or municipal governing body has authorized the sale of liquor through an ordinance followed by a successful referendum. The bill also allows a referendum to be held by petition of at least 10 percent but not more than 7,500 qualified electors of the county or municipality, as the case may be. The referendum must be conducted at the next general election of the county or municipality. The provisions of this bill would apply only to counties that were allocated at least $1 million in accommodations tax in fiscal year 2016. A House Judiciary subcommittee adopted a strike-and-insert amendment removing the $1 million accommodations tax threshold and making the bill applicable to all establishments that sell alcohol. The House Judiciary Committee adopted the subcommittee amendments and further amended the bill by limiting Sunday alcohol sales to the hours of 1-5 p.m. and exempting single-owner stores from the permit fee for Sunday alcohol sales. H. 4231 received a favorable report as amended and is pending second reading on the House calendar.

Unclaimed Veteran’s Remains — H. 4376. This bill would require coroners to release the human remains that have been identified and determined to be those of an unclaimed veteran to a funeral home, funeral establishment, or mortuary for disposition. A House Medical, Military, Public and Municipal Affairs subcommittee gave H. 4376 a favorable report, and the bill will be on the next full committee’s agenda.

Veterans’ Trust Fund Board Authority — H. 4928. This bill would allow the Veterans’ Trust Fund of South Carolina Board of Trustees to fundraise and make disbursements from the trust fund in support of fundraising activities. A House Medical, Military, Public and Municipal Affairs subcommittee gave H. 4928 a favorable report, and the bill will be on the next full committee’s agenda.

Working Agricultural Lands Preservation Act — H. 3951. This bill would establish the “South Carolina Working Farmland Protection Program” to create a committee to identify and provide permanent protection to eligible farmland and to create a fund for qualifying projects. The bill outlines the composition and duties of the commission, including determining which project qualifies for the program and how much funding the project should receive.

Last year, the bill passed the House and was referred to the Senate Agriculture and Natural Resources Committee. The Senate Agriculture Committee adopted an amendment that requires that 25 cents from each deed recording fee must be deposited into the South Carolina Conservation Bank Trust Fund and that 75 cents must be deposited into the state’s general fund. The bill was then referred to the Senate Finance Committee.

This week, a Senate Finance subcommittee adopted an amendment to strike the Senate Agricultural and Natural Resource Committee’s changes and revert the recording fee distribution schedule to its original form. As a result, Conservation Bank Funds would be funded through the General Appropriations Act, not a portion of the deed recording fees. The Senate Finance Committee gave H. 3951 a favorable report, as amended, and the bill is pending second reading on the Senate calendar.

All county officials are invited to join us for two days of education and advocacy events Feb. 20 and 21 in Columbia. The hotel reservation deadline for Counties Connect, the Institute of Government and the Council Chairperson’s Workshop is Tuesday, Jan. 30. Book your room and register for these events today.

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.

House Bills

Senate Bills

S. 982 (Sen. Davis) — Adds Section 12-6-2297 to provide that a broadcast entity shall source certain gross receipts from broadcasting to this state.

S. 986 (Sen. Hembree) — Adds Section 7-13-353 to require a candidate declare fines owed to the State Ethics Commission (SEC), Senate Ethics Committee, or House Ethics Committee and provides that a candidate may not be placed on a ballot unless enrolled in a payment plan for outstanding fines and is not in default. The SEC is required to provide a one-time reduction of the outstanding balance of any debtor who owes more than $5,000 for the failure to file disclosures of economic interests or campaign disclosures to $5,000.

S. 999 (Sens. Shealy and McElveen) — Adds Section 48-1-91 to require any person possessing a National Pollutant Discharge Elimination System permit that allows the discharge of effluent into state waters to post a sign, to provide for the requirements of that sign, and to establish certain exemptions and circumstances to waive the requirements of this section.