March 1, 2024

After weeks of the judicial elections being held up in the Senate, legislators reached a resolution by placing a judicial reform bill (S. 1046) in the special order status. Senators began debating the bill Thursday. The Senate and House then agreed to hold the election for the South Carolina Supreme Court Chief Justice at noon March 6. All the other judicial elections will be at noon April 17.  

The House debated and passed a bill that creates the Executive Office of Health and Policy, H. 4927. These and several other bills of interest to counties are discussed below. 

Low Income Housing Property Tax Exemption Fix — S. 1017. This bill addresses a potential loophole created by Act 145 in 2020 that provides a property tax exemption for “all property of nonprofit housing corporations or instrumentalities of these corporations when the property is devoted to providing housing to low or very low-income residents” as long as the corporation or its instrumentality satisfies the safe harbor provisions of Revenue Procedure 96-32.  

There is nothing in the statute that requires property owners to annually report that they continue to meet the qualifications in subsequent years after they acquire the property, and several counties are concerned that developers and owners of highly valuable property are taking advantage of this by getting a property tax exemption for property that should be taxed.  

S. 1017 provides that the nonprofit housing corporation only gets a complete property tax exemption if it has more than a 50% ownership interest in the property. If their interest is less than 50%, the exemption will be proportionate to the percentage of their interest. Upon initial application for the exemption, the corporation must certify to the Department of Revenue (DOR) the percentage of its owner interest in the property and thereafter must provide an annual certification to DOR of the percentage of its economic interest in the property to show that they continue to meet the qualifications for the exemption. This is an SCAC policy position. DOR must notify the county within 60 calendar days of any property that qualifies for the exemption. This bill would become effective for property tax years beginning after 2024. The Senate Finance Committee gave S. 1017 a favorable report, and it is now pending second reading on the Senate calendar.   

Auditor’s Endorsement on Deeds — H. 3608. This bill removes the requirement that county auditors endorse deeds for conveyance for real property but permits them to do so either before or after recording the deed, an SCAC policy position. All conveyances of real estate that were recorded by a clerk of court or register of deeds of any county that meet the requirements of Section 30-5-20 but are without the endorsement of the county auditor will be valid and binding. The Senate Finance Committee gave H. 3608 a favorable report, and the bill is pending second reading on the Senate calendar.   

Income Tax Deductions for Firefighters/Law Enforcement — S. 969. This bill increases the individual income tax subsistence allowance deduction for law enforcement officers and full-time firefighters and EMS personnel from $8 to $16 per day beginning in tax year 2024. The bill also increases the maximum deduction for volunteer firefighters, rescue squad members, hazardous materials response team members, reserve police officers, Department of Natural Resources deputy enforcement officers, members of the State Guard, and volunteer state constables who meet the volunteer activity requirements as specified in the statute from $3,000 to $6,000. The allowable deduction per taxpayer must be certified by Revenue and Fiscal Affairs annually such that the total revenue loss does not exceed an aggregate limit of $3.1 million per year in total, which remains unchanged. The Senate Finance Committee gave the bill a favorable report, and S. 969 is pending second reading on the Senate calendar. 

Abandoned Buildings Tax Credit — S. 1021. This bill increases the tax credit for abandoned buildings from $500,000 to $700,000 in a tax year and extends the program through 2035. The Senate Finance Committee gave the bill a favorable report, and S. 1021 is pending second reading on the Senate calendar. 

Perpetual Recreational Trail Easement — H. 3121. This bill provides an income tax credit to a property owner who encumbers his property with a perpetual recreational trail easement held by a municipality or county within the state or by a Land Trust Alliance accredited land trust. The easement must be recorded with the register of deeds and must include an agreement with the municipality, county, or land trust. Special purpose tax districts are also included in the list of entities that can hold the easement. A Senate Finance subcommittee adopted a technical amendment to the bill this week to update that the legislation applies to tax years beginning after 2023 and sunsets the provisions in 2029. The Senate Finance Committee adopted the subcommittee’s amendment and gave H. 3121 a favorable report. H. 3121 is pending second reading on the Senate calendar. 

Continuing Resolution — H. 4720. This joint resolution provides for the continuing authority to pay expenses of state government if the 2024-2025 fiscal year begins without a general appropriations act for that year in effect. The Senate Finance Committee gave H. 4720 a favorable report, and the bill is pending second reading on the Senate calendar. 

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 amended the bill by removing the language applying the prohibition to county detention centers and jails over concerns regarding uniformity in procedures regulating contraband. The Senate adopted the committee amendment excluding detention centers and jails and sent the bill back to the House with the amendment.  

Camp Lejeune Water Contamination Litigation — S. 845. This bill combined three bills that would 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. The Senate Judiciary Committee gave the consolidated bill, S. 845, a favorable report, as amended. S. 845 received third reading in the Senate and has been sent to the House. 

Open Carry Without Training Act — H. 3594. This bill would enact the "Open Carry Without Training Act" allowing 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. As previously reported, the Senate made several amendments to the bill before sending it back to the House. The House did not concur with the Senate amendments, the Senate insisted on their amendments and the bill is now before a conference committee. The House conferees are Reps. Micah Caskey, BJ Cox, and Justin Bamberg. The Senate conferees are Sens. Brad Hutto, Shane Massey, and Shane Martin. The conference committee met this week but no action was taken.

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 subject to estate administration under Title 62 of the SC Probate Code. The Senate gave S. 755 third reading and sent the bill to the House. 

Wireless Provider/Law Enforcement Location Information — S. 235. This bill would provide that, upon request of a law enforcement agency, a wireless telecommunications carrier shall provide call location information concerning the telecommunications device of a user to the law enforcement agency in order to respond to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm. Further, the bill would provide that a civil or criminal action may not be brought against a wireless service provider under this section under certain circumstances and would require the South Carolina Law Enforcement Division (SLED) to obtain contact information from wireless service providers to facilitate a request from a law enforcement agency.  The Senate gave S. 235 third reading and sent the bill to the House. 

Law Enforcement Access to Electronic Records — S. 954. This bill allows law enforcement officers, a Circuit Solicitor, or the Attorney General (AG) to require the disclosure of stored communications, as well as related transaction records and subscriber information, to the extent provided by federal law. The AG, a Circuit Solicitor, or SLED is authorized to issue subpoenas to compel disclosure of these communications upon showing that the requested material is relevant to an ongoing criminal investigation. The Senate Judiciary Committee amended the bill by providing that nothing in the bill expands the obligations of electronic communications service providers. The Committee gave the bill a favorable report, as amended, and it is pending second reading on the Senate calendar. 

Judicial Merit Selection Commission Reform — S. 1046 and S. 99. After much discussion over the past few weeks, a pair of bills that implement reforms to the current judicial selection process advanced to the Senate floor. S. 1046 terminates the current membership of the Judicial Merit Selection Commission (JMSC) and establishes new guidelines for the selection and appointment of nine non-legislator members to the JMSC. Additionally, the General Assembly must hold a joint session to elect judges, and a candidate must receive a majority vote from each chamber of the General Assembly. Finally, county legislative delegations are required to make recommendations for magistrate appointments to the Governor based on a weighted vote of the full legislative delegation for the county in which the magistrate appointee would serve. The Senate Judiciary Committee amended the bill this week to clarify the selection process and establish term limits for the members of the Commission. The Senate Judiciary Committee gave S. 1046 a favorable report, as amended, and the bill was placed on the Senate calendar where it was set in special order status for substantive debate next week. 

Another bill relating to the JMSC, S. 99, was also taken up by the Senate Judiciary Committee this week. This bill maintains the current membership of the JMSC and would establish guidelines regarding the release of the JMSC report on judicial candidates that were found qualified after screening and the time that judicial elections are held. The Committee amended the bill to include other proposals such as creating a pool of candidates that may be found qualified for at-large judgeships. Additionally, the JMSC would be required to send the Governor a list of all candidates seeking election, with the exception of incumbent justices or judges seeking re-election. The Governor may appoint an “Advisory Council on Judicial Selection” to investigate and obtain information on the potential judicial candidates listed in the JMSC application report. Within 45 days of receiving the list of JMSC candidates, the Governor may recommend up to five candidates for each judicial position that the JMSC may further investigate prior to issuing its formal report. 

The Senate Judiciary Committee gave S. 99 a favorable report, as amended, and the bill is pending second reading on the Senate calendar. 

Transportation Network Company Act — H. 3160. This bill would change “personal vehicle” and “prearranged ride” definitions to include charter limousines and for-hire vehicles as vehicles regulated by the Transportation Network Company (TNC) Act. It would allow such personal vehicles to be registered or licensed as charter limousines with the SC Public Service Commission or as limousines or other for-hire vehicles by the governing body of a county or city. Finally, transportation provided by a limousine or for-hire vehicle would be included in the list of transportation services categorized as prearranged rides by the TNC. A House Education and Public Works Committee gave H. 3160 a favorable report, and the bill is now pending second reading on the House calendar. 

Ambulance Assessment Fees — H. 4113. This bill allows the Department of Health and Human Services to charge every ambulance service a uniform ambulance assessment fee. County fire, police, and emergency medical services are exempt from the fee. This fee shall be updated at least annually and there may be a penalty imposed of up to 5% for failure to pay. The bill establishes the Ambulance Fee Trust Fund in the State Treasurer’s Office. The House Labor, Commerce, and Industry Committee gave H. 4113 a favorable report and the bill is pending second reading on the House calendar. 

Executive Office of Health and Policy — H. 4927. This legislation would create 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 would be headed by a department director who is 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 add the “State Office of the Secretary of Public Health and Policy.” Additionally, H. 4927 outlines what is to occur to in 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. The House amended the bill to provide that the South Carolina National Guard may be activated or deployed by an order of the Governor to assist in enforcing any restrictive measures or quarantines ordered under the provisions of the bill. H. 4927, as amended, has been sent to the Senate. 

Novel Vaccine Mandate — S. 975. This bill, the Medical Freedom Act, prohibits businesses, non-profit organizations, colleges, schools, and employers from mandating novel vaccines or gene therapy as a precondition for employment, entry into buildings and grounds, attendance, participation, or purchase or receipt of any products and services offered. Additionally, employers are prohibited from taking any adverse pre-employment or employment action against an individual who declines to receive a novel vaccine or gene therapy. An aggrieved employee has the right to apply for and receive unemployment benefits, as well as back pay, front pay, lost wages, consequential damages, emotional damages, court and litigation costs, and attorney fees. An employer who violates these provisions is guilty of a misdemeanor crime.

A Senate Medical Affairs subcommittee amended the bill so that county sheriffs and constables and city and town police officers and health officers may aid and assist the Department of Public Health to enforce and carry out any restrictive measures and quarantine regulations that may be prescribed during a state of public health emergency. Prior to this amendment, they were required to aid and assist. The amendment also added a provision for an indemnified product, which is any product, including but not limited to, a covered countermeasure, for which the manufacturers and distributors are shielded from direct civil or criminal liability to consumers for personal injuries and damages resulting from the use of the product as determined by state or federal law.  

The Senate Medical Affairs subcommittee gave the bill a favorable report, as amended, and it will be on the next full committee agenda. 

Vaccination Discrimination Prevention Act — S. 965. This bill declares that neither the state nor any political subdivision, including school districts, may require a COVID-19 vaccine mandate for any employee or student and provides procedures to follow if a federal requirement will result in the forfeiture of federal funds for not requiring vaccination. The Department of Public Health and the Medical University of South Carolina will partner with state and local government employers to provide COVID-19 testing in lieu of vaccination to meet a federal requirement when allowed. The bill also extends unemployment benefits to employees who are fired for failure to comply with a vaccine mandate when an employer has no alternatives to terminate the employee or forfeit federal funds. An employer may submit an affidavit to the Department of Employment and Workforce stating the employer is subject to a federal vaccine mandate if an employee is terminated for failure to be vaccinated. 

A Senate Medical Affairs subcommittee gave the bill a favorable report, and it will be on the next full committee agenda.  

Early Voting Centers — H. 4590. This bill extends the hours of operation of all early voting centers in the state to 7 p.m. for statewide general elections, any runoff election, or any other election that is not a statewide general or runoff election. The House Judiciary Committee gave H. 4590 a favorable report, and the bill is pending third reading on the House calendar. 

Special Purpose Districts — H. 4563. This bill clarifies that a special purpose district has the authority to own, acquire, purchase, hold, use, lease, convey, sell, transfer, or otherwise dispose of property. A House Judiciary subcommittee gave H. 4563 a favorable report, and the bill will move forward to the full committee for consideration. 

South Carolina Public Expression Act — H. 4274. This bill lays out a procedure to help prevent  frivolous and strategic civil lawsuits brought against a person who is communicating in a legislative, executive, administrative, or other governmental proceeding on an issue in the proceeding and is exercising their First Amendment right of freedom of speech. A House Judiciary subcommittee gave H.4274 a favorable report, and the bill will move forward to the full committee for consideration. 

Liquor Liability — H. 5066. This bill attempts to help make liquor liability more affordable for businesses. The House Judiciary Committee amended the bill to require insurance companies to provide mitigation measures that would allow businesses to reduce their coverage from the $1 million statutory requirement to as low as $250,000. The House Judiciary Committee gave the bill a favorable report and H. 5066 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. The Senate Family and Veterans’ Services committee gave H. 4376 a favorable report, and the bill is pending second reading on the Senate calendar.

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House Bills

H. 5143 (Rep. King) — Amends Section-4-40, relating to matters that public bodies may be exempt from disclosure under the Freedom of Information Act, to remove compensation paid by public bodies from the exemptible matters. 

H. 5144 (Reps. B. J. Cox and Elliott) — Amends Section 59-5-105 to create the school mapping data program within the State Department of Education for the purpose of facilitating efficient emergency responses in public schools by public safety agencies. 

H. 5146 (Reps. Lowe, Jordan, Kirby and Alexander) — A joint resolution to direct the South Carolina Department of Transportation (SCDOT) to expeditiously and fully cooperate with Florence County and the City of Florence in facilitating the installation and use of automatic license plate readers funded by the General Assembly or local funds at intersections of roadways maintained by SCDOT anywhere in Florence County. 

H. 5147 (Reps. Gilliam, Pope, McCravy, Gibson and S. Jones) — Amends section 16-23-500, relating to the unlawful possession of firearms by people convicted of violent offenses, and the confiscation and return of firearms to innocent owners, to revise offenses and penalties covered by this section. 

H. 5150 (Rep. Gilliam) — Repeals Section 4-10-470 relating to counties in which the education capital improvements sales and use tax may be imposed. 

H. 5152 (Reps. Robbins, T. Moore, Bailey, Brewer, Gatch and Mitchell) — Amends Section 17-25-65, relating to the reduction of a sentence for substantial assistance to the state, to require notice to the arresting law enforcement agency and any victims, to require a hearing with findings of fact in a written order, to require verification of substantial assistance by law enforcement or the correctional facility, and to allow reduction of mandatory minimum sentences in the discretion of the judge. 

H. 5153 (Reps. West, Thayer, Chapman, Beach, Gagnon and Cromer) — Amends Act 509 of 1982, relating to the election of trustees of Anderson County School District 2, to replace the two multi-member districts with four single-member residency areas and to redesignate the map number on which these residency areas are delineated. 

H. 5154 (Reps. West and Sandifer) — Amends Section 58-5-1030, relating to civil penalties, to provide a gas utility which violates Section 58-5-1020 or a regulation under Article 9 of Chapter 5, Title 58 is subject to a civil penalty not more than the civil penalty provided by 49 U.S.C. Section 60122 and 49 C.F.R. 190.233. 

H. 5155 (Reps. Pope, Ligon, O'Neal, Sessions, Felder, Burns, Chumley, Guffey, Lawson and Moss) — Amends Section 6-9-65, relating to the regulation of construction or improvement of a farm structure to exempt converted farm structures used for public and private events. 

H. 5156 (Reps. Garvin, King, Cobb-Hunter, Rivers and Dillard) — Amends Sections 31-21-65, 45-9-11, and 59-63-41 to make it unlawful and against public policy of this state in housing, public accommodations, and education to discriminate on the basis of race, color, or national origin, including discriminating against certain facial features, hair textures, hair types, and hair styles associated with race. 

H. 5168 (Reps. Connell, Mitchell, B. Newton and Wheeler) — Amends Act 930 of 1970, relating to the school district board of trustees for Kershaw County, to revise the specific election districts from which members of the board are elected, to redesignate the map number on which these districts are delineated, and to provide demographic information for these. 

H. 5170 (Reps. Pope, W. Newton, Caskey, Jordan, Bailey, Guffey, Wooten, Alexander, Bamberg, Wetmore, Wheeler, Bauer, Elliott, Connell, Pedalino, Hager, Crawford, Bradley, Schuessler, McDaniel, Cobb-Hunter, M. M. Smith, Taylor, B. L. Cox, Leber, Brittain, Sessions, T. Moore, Mitchell, Guest, Yow, Gatch, Thayer, West, Thigpen, King, J. E. Johnson, Magnuson, B. Newton, Ligon, Felder, McGinnis, Hardee, Hyde, Bannister, Bernstein, Blackwell, B. J. Cox, Dillard, Erickson, Forrest, Gagnon, Haddon, Herbkersman, Hixon, Pendarvis, Sandifer, G. M. Smith and Ott) — Amends Section 22-1-10, relating to the appointment of magistrates, to provide that a magistrate may serve in holdover status for no more than 14 days at the end of his term, to provide that the Governor may appoint a temporary magistrate under certain circumstances, and to provide that any magistrate or magistrate candidate who has been reprimanded by the SC Supreme Court or any other disciplinary authority may not be appointed or reappointed unless approved by a majority of the Senate after the Senate is informed of the reprimand or disciplinary action. 

H. 5180 (Reps. Guffey, King, Kilmartin, Beach, Mitchell, Yow, Brewer, Pedalino, J. E. Johnson, Ligon, Magnuson, Guest, Neese, O'Neal, Kirby, B. Newton, Harris, Bamberg, Cromer, Felder, Hiott, Pope, Robbins and Rutherford) — Amends Section 6-29-720, relating to zoning districts' regulations, to provide that the governing body of a municipality or county may not enact ordinances that regulate certain political signs. 

H. 5181  (Reps. A. M. Morgan, May, Magnuson, O'Neal, Beach, Trantham, T. A. Morgan, McCabe, Harris, Pace, White, Kilmartin, Long, S. Jones, Cromer, Burns and Chumley) — Amends Section 8-13-320, relating to the duties and powers of the State Ethics Commission, to permit the State Ethics Commission to take action on a complaint after four years of an alleged violation if a public official or public member who allegedly committed a violation is in the same governmental entity in which the alleged violation occurred. 

H. 5182 (Reps. Bustos, Leber and Wooten) — Adds Article 5 to Chapter 11, Title 9 to create the "Police Officer Retention Incentive Program" and amends Section 8-11-620, relating to leave and lump-sum payments permitted upon termination of employment, death, or retirement of employees, to include the police officer retention incentive program.H. 5189 (Rep. Burns) — Adds Part 4 to Article 6, Chapter 6, Title 62 to provide for transfer on death designations for certain categories of titled personal property. Adds Part 4 to Article 6, Chapter 6, Title 62 to provide for transfer on death designations for certain categories of titled personal property. 

Senate Bills

S. 1099 (Sen. Verdin) — Amends Section 7-7-360, relating to designation of voting precincts in Laurens County, to redesignate the map number on which these precincts are delineated. 

S. 1109 (Sen. Tedder) — Adds Section 56-1-555 to provide the Department of Motor Vehicles may establish a system for issuing optional electronic or digitally issued cards. 

S. 1114 (Sens. Bennett and Hutto) — Amends Article 1 of Chapter 23, Title 50, Section 50-23-345, and Section 50-23-375, all relating to the titling of watercraft and outboard motors, to delete the requirement that outboard motors be titled. Further, the bill amends Section 12-37-3210, relating to tax notices for boats, boat motors, and watercraft, to allow the auditor to consolidate the tax notice. 

S. 1126 (Sens Kimbrell, Peeler, Rice, M. Johnson, Adams, Climer, Garrett, Cash, Young, Alexander and Reichenbach) — A joint resolution proposing an amendment to Section 4, Article II of the South Carolina Constitution, relating to voter qualifications, to clarify that only a citizen of the United States and South Carolina, age 18 and up, who is properly registered, is entitled to vote.  

S. 1127 (Sens Grooms, Young, McElveen, Goldfinch, Matthews and Fanning) — A joint resolution directing certain monies (SC Enterprise Information System funds) in the state treasury be placed in a separate and distinct fund until there is a resolution concerning the origin, ownership, and classification of those monies; and the origin, ownership, and classification of the funds are certified by the State Treasurer and State Auditor.