February 9, 2024

After voting to set S. 423, the “Compassionate Care Act” bill for special order, the Senate began debate on the bill Wednesday. Debate is expected to continue next week on the floor, and multiple amendments are likely to be offered and considered. A Senate Judiciary subcommittee met Tuesday and discussed several bills aimed at changing the process of nominating and selecting judicial candidates, although no bills were advanced. The House spent most of the week on the floor working through its calendar to prepare for the consideration of the state budget bill by the Ways and Means Committee in the coming weeks. Several bills of interest to counties are discussed below.

Representatives from the S.C. Association of Auditors, Treasurers &Tax Collectors—including SCAC Board Member and Anderson County Treasurer Jason Phillips—visited the State House on Tuesday to share the important work of county government with state leaders.

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 third reading and the House concurred in the Senate amendments. H. 3116 is enrolled for ratification.

Continuing Resolution – H. 4720. This is a joint resolution to provide for the continuing authority to pay the expenses of state government if the 2024-25 fiscal year begins without general appropriations act for that year in effect. A Senate Finance subcommittee gave H. 4720 a favorable report and the bill will be on the next full committee’s agenda

Firefighter Cancer Healthcare — H. 4680. As initially drafted, this bill revises the definition of the term “firefighter,” relating to the Firefighter Cancer Health Care Benefit Plan, to include certain non-residents of the state. A House Medical, Military, Public, and Municipal Affairs subcommittee amended the bill by removing the residency requirement and adding employees of South Carolina State Fire to the list of eligible firefighters. The subcommittee gave H. 4680 a favorable report, as amended, and the bill will move forward to the full committee for consideration.

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 location information concerning the telecommunications device of a user to the law enforcement agency within a reasonable period of time 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 civil or criminal action immunity to a wireless service provider acting in good faith in providing call location information. Finally, the bill would require SLED to obtain contact information from wireless service providers to facilitate a request from a law enforcement agency and to disseminate the contact information to the law enforcement agency. A Senate Judiciary subcommittee amended the bill to require that the call for emergency services must also involve the risk of death or serious physical harm and gave S. 235 a favorable report, as amended. S. 235 will be on the next full committee’s agenda.

Electronic Nicotine – S.994. This bill would provide regulations for electronic nicotine (vaping) products sold in the state by requiring the manufacturers to register with the Attorney General’s Office (AG) and certify annually that their products are Food and Drug Administration approved. The AG’s office would maintain a public registry on its website of all approved manufacturers providing products in the state and would have enforcement powers with penalties for of any manufacturer or retailer selling electronic nicotine products that are not properly registered. A Senate Medical Affairs subcommittee gave the bill a favorable report and the bill will be on the next full committee’s agenda.

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 court 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 gave H. 3608 second and third readings and sent the bill to the Senate.

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 gave H. 4376 second and third readings this week and the bill was referred to the Senate Family and Veterans’ Services Committee.

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 gave H. 4928 second and third readings this week and the bill was referred to the Senate Family and Veterans’ Services Committee.

Executive Office of Health and Policy – H. 4927. As a companion bill to S. 915, this bill 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 (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, 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. A House Judiciary subcommittee adopted a cleanup amendment and gave H. 4927 a favorable report, as amended. 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. 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 House concurred with the Senate amendments and H. 3951 is enrolled for ratification.

Structures in Critical Areas – H. 4843. This bill would authorize a business with a deck, dock, or other structure located in a critical area to use the structure for purposes that directly relate to the operation of the business, provided a plan for the use is submitted and approved by the local zoning board. A House Labor, Commerce and Industry subcommittee gave H. 4843 a favorable report and the bill will be on the next full committee’s agenda.

Join us in Columbia for two 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

H. 5039 (Reps. T. A. Morgan, A. M. Morgan, Kilmartin, White, S. Jones, Cromer, Beach, Harris, May, Trantham and J. L. Johnson) — Amends Section 2-19-90, relating to the Judicial Merit Selection Commission and its membership and functions, to require attorney-legislators to recuse themselves from voting or participating in any manner in the election process of judges and justices.

H. 5043 (Reps. Murphy, Wooten, Brewer, Robbins, Gatch, Ballentine and Caskey) — Enacts the "South Carolina Kratom Consumer Protection Act" by adding Article 20 to Chapter 53, Title 44 to provide for the regulation of the sale of kratom products by retailers and processors and to create penalties for violation of the provisions of the Article.

H. 5045 (Reps. T. A. Morgan, White, Cromer, Magnuson, Harris, May, Trantham and McCabe) — Amends Section 57-1-410, relating to the Secretary of the Department of Transportation, to provide that the Governor shall appoint the Secretary instead of the Commission of the Department of Transportation.

H. 5046 (Reps. Carter, Ott, Ligon, Hiott and Hixon) — Amends Section 12-36-90, relating to "Gross proceeds of sales," to provide that "Gross proceeds of sales" does not include the sales price of property returned when the full sales price minus a restocking or handling fee is refunded.

H. 5051 (Reps. Bauer, Bernstein, Cobb-Hunter, Pendarvis, Ott, Williams, King, Gagnon, Rivers, Hosey, Rose and McDaniel) — Adds Section 2-1-260 to create the Congressional Fund Approval Committee to determine which federal funds are available to this state and to make recommendations.

H. 5052 (Reps. A. M. Morgan, Elliott, May, B. J. Cox, Kilmartin, Guest, McCabe, O'Neal, Burns, S. Jones, Beach, Long, Pace, Gilliam, Cromer, White, M. M. Smith, Chumley, Crawford, Vaughan, McCravy, Leber and Oremus) — Adding Section 59-19-25 to provide that all elected members of the boards of trustees for school districts of this state must be elected in partisan elections, to provide filing methods and deadlines for candidates seeking election to such offices, and to provide that the provisions of this section control in the event of a conflict with the local law provisions of a school district.

H. 5061 (Rep. Davis) — Amends Section 56-5-750, relating to failure to stop motor vehicles when signaled by law enforcement vehicles, to provide penalties for willfully or wantonly leading law enforcement officers on high-speed pursuits.

H. 5062 (Reps. Haddon, Cobb-Hunter, Kirby, West, Bauer, Robbins, Ligon, Pope, Brewer, Murphy and Ott) — Amends Section 12-6-3515, relating to the income tax credit for conservation or qualified conservation contribution of real property, to increase the amount of the credit allowed.

H. 5069 (Rep. Jordan) — Amends Section 14-23-1040, relating to qualifications of probate judges, to revise the qualifications for probate judges in counties greater than 90,000 in population, and to grandfather those probate judges currently serving.

Senate Bills

S. 1020 (Sen. Senn) — Adds Section 16-11-705 to provide for the crime of illegal tire dumping, to define relevant terms, and to set forth criminal penalties and fines.

S. 1021 (Sen. Davis) — Extends the provisions of the South Carolina Abandoned Buildings Revitalization Act to 2035.

S. 1025 (Sens. Young, Massey, Setzler and Hutto) — Amends Act 588 of 1986, as amended, relating to the establishment of single-member election districts for the school board of Aiken County, to reapportion the districts beginning with the school board elections in 2024, to redesignate the map number on which these districts may be found, and to provide demographic information regarding the reapportioned election districts.

S. 1033 (Sen. Tedder) — Proposes an amendment to Section 1, Article VIII-A of the Constitution of South Carolina, relating to the powers of the General Assembly pertaining to alcoholic liquors and beverages, to permit the sale of alcoholic beverages between 7 p.m. and 9 a.m.

S. 1034 (Sen. M. Johnson) — Amends Section 30-2-500, relating to definitions, to include name and property tax number in the definition of "personal contact information" an eligible requesting party may request to removed or redacted from a database or an image or a copy of an official document posted on a publicly available state or local government agency website.

S. 1039 (Sen. Verdin) — Adds Section 34-47-30 to permit an individual to participate in home digital asset mining as long as the person engaging in home digital asset mining complies with all local noise ordinances.