February 2, 2024

The Senate spent most of the week on the floor debating and ultimately passing H. 3594, the “Open Carry Without Training Act.” The House continued meeting in budget subcommittees and also spent time working through their calendar on the floor. Several bills of interest to counties are discussed below.

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 their owner-occupied property in the year in which the disability occurs. The Senate amended the bill to extend the exemption to a surviving spouse of the veteran as long as the spouse resides with the veteran, an SCAC policy position. The amendment also extends the exemption on a motor vehicle of a disabled veteran to a vehicle held in trust as long as the vehicle is registered at that same address. The Senate gave H. 3116 a second reading, as amended, and the bill is pending third reading on the Senate calendar.

Sine Die Budget — S. 806. As introduced, 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 31. The Senate amended the bill on the floor to provide that the sine die adjournment date is extended if the General Appropriations bill or the Capital Reserve Fund resolution is not completed by the sine die adjournment date. 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 gave S. 806 second and third readings, as amended, and sent the bill to the House.

Open Carry Without Training Act – H. 3594. This bill would enact the "Open Carry Without Training Act" and would allow individuals to carry a concealable weapon openly on their person and openly about their person in a vehicle without having a concealed weapons permit. A person would be prohibited from carrying a firearm into a courthouse, jail, school, daycare, church, medical facility, or a business that has a sign prohibiting firearms. An owner of a firearm would be required to report the loss or theft of such weapon to their local law enforcement agency within 10 days. Clerks of courts would be allowed to carry a concealed weapon anywhere in the state if they possess a valid concealed weapons permit, a prior SCAC policy position. Public defenders and assistant public defenders would also be permitted to carry a concealed weapon anywhere in the state, except in local or state correctional facilities. The bill also enhances the penalties for people convicted of felonies found to be in possession of a firearm or ammunition. Under the act, a person merely carrying a weapon is not sufficient to justify a search, detention, or arrest.

The Senate adopted several amendments during a lengthy debate on the floor this week. The adopted amendments to H. 3594 include language that:

• clarifies that a person would still be prohibited from carrying a firearm into a hospital, unless permission is given by the appropriate entity; in a church, unless express permission is given by the appropriate church official or governing body; and in a courthouse, courtroom, or other publicly owned building, where court is held during the time that the court is in session;
• changes the penalty for violations of the act from a misdemeanor to a tiered system based upon the number of offenses;
• adds active members of the General Assembly to the list of people who may lawfully carry a concealable weapon anywhere in the state as long as they possess a valid permit;
• allows a concealed weapon permit holder to apply to the Department of Motor Vehicles to obtain a designation on the front of his or her driver’s license for presentation in lieu of a permit when required by law;
• requires the State Law Enforcement Division (SLED) to automatically renew a valid permit without application;
• requires SLED to offer, or contract with local law enforcement to offer statewide concealed weapon permit training courses free of charge in every county at least twice per month;
• creates an additional punishment for persons without a valid concealed weapon permit who are convicted of committing or attempting to commit a crime involving a concealable weapon;
• requires SLED to conduct a regular, statewide marketing campaign to inform South Carolinians that South Carolina law provides a process for gun owners to obtain a concealed weapon permit and allows law-abiding gun owners to carry their weapons without a permit;
• allows a person to apply for an expungement of one conviction for unlawful possession of a handgun if the conviction occurred prior to the enactment of this bill as long as the application is submitted within five years; and
• lowers the age required to receive a concealed weapons permit from 21 to 18.

The Senate gave H. 3594 second and third readings, as amended, and returned the bill to the House.

Cell Phones in Prisons – H. 4002. As passed by the House, this bill provided that it is unlawful for an inmate under the jurisdiction of the Department of Corrections to possess a telecommunication device unless authorized by the director. The provisions of the bill also applied to county detention centers and jails, an SCAC policy position. A Senate Judiciary subcommittee removed the language applying the prohibition to county detention centers and jails over concerns regarding uniformity in procedures regulating contraband. SCAC will be meeting with Senators next week to address these concerns and reinstate that language. The subcommittee gave H. 4002 a favorable report, as amended, and H. 4002 will be on the next full committee’s agenda.

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. 4029 a third reading and sent the bill to the Senate.

Fallen First Responder Advocate — H. 3523. This bill establishes the Fallen First Responder Advocate position, contingent on funding, 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 gave H. 3523 a third reading and the Senate referred the bill to the Judiciary Committee.

Camp LeJeune Water Contamination Litigation — S.845, S.850, and S.869. These bills amend Section 62-3-108 to allow a probate action to be brought specifically for death-related claims due to exposure to the contaminated water at Camp Lejeune, regardless of when the decedent died, an SCAC policy position. A Senate Judiciary subcommittee gave S. 845, S. 850 and S. 869 a favorable report, and the bills will be on the next full committee’s agenda.

SCAC Staff Attorney Leslie M. Simpson testified at a Senate Judiciary subcommittee hearing on the Camp LeJeune Water Contamination Litigation bills.

Transfer on Death Deeds — S. 755. This bill provides that any owner of a vehicle, mobile home, watercraft, outboard motor, or any similar personal property for which legal titles are issued and administered by the Department of Motor Vehicles or Department of Natural Resources may establish a Transfer on Death (TOD) designation upon any such title or registration. The TOD designation on any titled personal property shall pass, upon the death of all owners, to the TOD beneficiary or beneficiaries pursuant to this provision and is effective by reason of this statute, and such transfer is not testamentary or subject to Articles 1 through 4 (estate administration). A Senate Judiciary subcommittee gave S. 755 a favorable report, and it will be on the next full committee’s agenda.

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 (DPH); 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 that would be 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 (DAODAS), 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.

Amendments were considered before the full committee and those adopted include a clean-up amendment addressing ministerial changes in the code, deleting local references to the code that no longer apply, distinguishing the State Health Services Plan under this bill from the Public Employee Benefit Authority’s State Health Plan, and changing some terminology at the request of DAODAS.

The Senate Medical Affairs Committee gave S. 915 a favorable report, as amended. Further amendments are expected to be offered on the Senate floor.

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. The House Medical, Military, Public and Municipal Affairs Committee gave H. 4376 a favorable report, and the bill is pending second reading on the House calendar.

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. The House Medical, Military, Public and Municipal Affairs Committee gave H. 4928 a favorable report, and the bill is pending second reading on the House calendar.

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. That 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 Senate 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 adopted the Finance Committee amendment and gave H. 3951, as amended, second and third readings before sending the bill back to the House.

Join us in Columbia for days of education and advocacy!

Tuesday, Feb. 20

• The Institute of Government for County Officials at the Pastides Alumni Center at USC (900 Senate St.) from 9 a.m.-4 p.m.
• The Council Chairperson's Workshop at the Hilton Center Columbia (924 Senate St., next door to the Alumni Center) from 9 a.m.-4 p.m.
• The Counties Connect Legislative Reception at the Palmetto Club (1231 Sumter St.) from 5-7 p.m.

Wednesday, Feb. 21

SCAC's Counties Connect: A Legislative Action Day at the Alumni Center. This event provides an excellent opportunity for county leaders to connect with their local delegation members to advocate for their counties.

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. 1001 (Sen. Martin) — Amends Section 24-3-430, relating to the authorization of inmate labor in private industry and requirements and conditions, to provide that no inmate participating in the program may earn less than the federal minimum wage.

S. 1006 (Sen. Adams) — Adds Section 9-11-95 to allow a retired police officer who maintains a constable certification after they are certified pursuant to Section 23-23-70 to be employed by one or more law enforcement agencies without being subject to the earnings limitation in section 9-11-90(4).

S. 1007 (Sen. Adams) — Amends Section 23-23-60, relating to certificates of compliance, information to be submitted relating to the qualification of candidates for certification, and the expiration of certificates for law enforcement officers so as to permit sled to conduct state- and federal-level criminal records checks on individuals seeking certification.

S. 1015 (Sens. Goldfinch, Hembree and Rankin) — Amends Section 23-3-462, relating to the termination of sex offender registration requirements, to provide termination for Tier 1 and Tier 2 offenders after a specified period of time following the completion of the entire original sentence.

S. 1017 (Sens. M. Johnson, Peeler and Climer) — Amends Section 12-37-220, relating to property tax exemptions, to provide that the exemption for certain property of a nonprofit housing corporation only applies to the percentage of property that equals the corporation's ownership interest in the property, to provide an exception, and to provide certain certification and notice requirements. Adds Section 12-37-160 to provide that a municipality may not annex certain property assessed as agricultural or related thereto.