Vol. 42 April
7, 2025 No. 11
LEGISLATIVE
UPDATE
House Research Staff
(803.734.3230)
Richard Pearce, Esq.,
Sherry Moore, Andy Allen,
Don Hottel, Dir.
(editing & indexing)
Thank
you to M. Webb, House Education staff
H.
3927 Ending Illegal Discrimination and
Restoring Merit-Based Opportunity Act
H.
3046 Identifiable Minors Sexual Exploitation
H. 3387 Ejectment of Unlawful Occupants
of a Residential Dwelling
H.
3524 Victim Service Provider
Certifications
H.
3525 Crime Victim Advocacy Legal
Updates
H. 4011 DMV May Issue Temporary Driver
Identification Certificates
H. 4261 Blood Cancer Awareness Month
H. 3856
Comprehensive DMV changes and updates
H. 3768 Transportation Improvement Projects
H. 3801
Repairs to Bridges, Highways, and Roads
H. 3863
South Carolina STEM Opportunity Act
H. 3201 Computer Science Education Initiative Act
H. 3058 Real or Fake Criminal
Distribution of Intimate Images
H. 3285 Autism Spectrum Disorder
Training
H. 3569
Domestic Violence Incident Survivors as Protected Tenants
H. 3924
Hemp-Derived Ingestibles
H. 3930 Second Amendment Financial Privacy Act
H. 4160 More Resident Circuit Judges
S. 126 Judges and Law Enforcement
Officer Personal Contact Information Protections
Medical, Military, Public and Municipal
Affairs
S. 218
South Carolina Veterans Homes
S. 89
SC Military Affairs Advisory Council
H. 3333 Redevelopment of Military
Installations
H. 3910
Jurisdiction Over Certain Lands Relinquished by the United States
S. 2
Department of Behavioral Health and Developmental Disabilities
H. 3645 State Employee Paid Parental Leave
S. 291 Budget Continuing Resolution
H. 3841 Property Tax Exemptions and Special
Assessment Rates
H. 3800 Durable Medical Equipment
H. 3869 Protective Gear Used In Perishable Food
Manufacturing Facilities
H. 4134 High Growth Small Business Job Creation
Act-Angel Investor Tax Credit Act
H. 3832 Film and Theater Incentives
H. 3925 Oversight of State Finances
Agriculture,
Natural Resources and Environmental Affairs
S. 367
Abandoned Vessels, Derelict Vessels, and Sunken Vessels Sen. Campsen
S. 425
Access to Free School Lunches
Sen. Davis
H. 4281
Certificates of Vehicle Titles and Similar Documents Rep. Taylor
H. 4298 Concussion Protocols for Student
Athletes Rep. Hayes
H. 4304 Failure to Stop for a School Bus Rep. Sanders
H. 4306 Grades or Scores Rep. Pedalino
H. 4282
Deporting State Criminal Code Violators
Rep. Pace
H. 4292
Roadway Protection and Safety Act
Rep. Martin
H. 4295
Gold Standard Elections in South Carolina Rep. Harris
H. 4300
Judicial Retirement System Vesting and Judicial Retirement Age
Changes Rep. Bannister
H. 4302
Birth Certificate Sex as Sex for Foster Care Placements Rep. McCabe
S. 233
Propensity to be a Sexual Predator
Sen. Leiber
S. 235 Prostitution Prosecution
Upgrades Sen. Kimbrell
S. 244
Tort and Alcoholic Beverage Service Liabilities -- Reforms and Premium
Reductions Sen. Massey
S. 405
Homicide By Child Abuse Age Modifications Sen. Alexander
S. 415
Kinship Foster Care Parent Qualifications Sen. Young
Medical,
Military, Public and Municipal Affairs
S. 190
Redevelopment of Federal Military Installations Sen. Adams
H. 4293
Zoning Classifications Rep.
Martin
H. 4296
Military, Civil Defense and Veterans Affairs Rep. Mitchell
H. 4297
State Parks Rep. Wooten
S. 150 South Carolina Rental Kart Age Act Sen. Blackmon
S. 220 Insurer Financial Stability
Requirements Sen. Cromer
S. 307 Peer‑to‑Peer Car Sharing
Programs Sen. Climer
H. 4299 Insurance Savings Program Rep. Pace
H. 4305 Wellness Reimbursement Programs Rep. Herbkersman
S. 11 State Employee Paid Parental Leave
Eligibility Sen. Jackson
H. 4294 Income Tax Exemption for First Responder
Retirement Benefits Rep. Schuessler
H. 4303 Taxation of Cigarettes for Heating Rep. Gatch
The House adopted the
Education Committee’s amendment recommendation and gave the bill third reading
and sent the bill to the Senate. The
Education Committee recommended a strike-and-replace amendment outlining several provisions regarding
diversity, equity, and inclusion (DEI) practices in state and quasi-state agencies, including public
institutions of higher learning, school districts, charter schools, and other
political subdivisions in South Carolina. This amendment would prohibit the
creation of DEI-specific offices, prevent DEI statements, mandate that these
entities cannot require or give preferential treatment based on DEI statements,
prohibit preferential or differential treatment of individuals, and ensure that
hiring and admissions processes do not discriminate based on race, sex, or other
protected characteristics. It also ensures that each entity complies with the
Equal Protection Clause and
that no individual’s First Amendment rights are infringed upon. The Attorney
General is tasked with enforcing this act and can bring legal action if
necessary. This act requires each entity to annually report by August 1st each
year complaints and violations of this act to the South Carolina Department of
Administration, including the resolution or status of the complaint. The DOA
must then summarize and share this report with the Speaker of the House and
President of the Senate by October 1st each year. This act contains
whistleblower protections.
The House has sent the
Senate, H. 3046. By defining "identifiable minors” and “morphed images,”
this legislative effort would add these depictions into current state criminal
laws covering sexual exploitation of minors.
They would also be added
to the offense of criminally using morphed child images, including employing
anyone under eighteen years old to appear in public in a state of sexually
explicit nudity. It also would amend South Carolina’s Sexually Violent Predator
Act and sex offender registration requirements to include this crime in its purview.
Depending on the nature
of the offense committed, as either a Tier I or a Tier II crime, sentencing
minimums and maximums would apply, and any registration requirements could be
applied to be removed after 15 or 25 years elapse.
Law enforcement
officials and prosecutors properly handling these materials in enforcement
actions or prosecutions would be exempt from being charged with these crimes.
Also headed to the Senate for its
consideration is H. 3387, a proposed new code section that would be known as
the "Ejectment of Unlawful Occupants of a
Residential Dwelling." It also would
establish an alternative remedy to removing anyone unlawfully occupying a
residential dwelling and establish a criminal offense of criminal
mischief.
Dwelling
owners, their agents, or personal representatives, with buildings not open to
the public, occupied without permission by anyone who is not a former tenant or
family member, that have not been leased within the past three months, when no
litigation is pending, and without any authority to be there, could be removed.
Violators face up to three years in jail or fines of up to $3,000. Restraining
orders could also be obtained.
It
also grants immunity from civil liability for authorized enforcement officials
removing these unwanted interlopers. Dwelling owners also could seek
reimbursement for any damages done to their dwellings, a $1,000 statutory
award, and court costs.
Appeal of any order to vacate the premises would not stay its effect, and an
appellant can file an affidavit, on a form set out in this pending legislation,
to pay rent to the owner during the pendency of any appeal to stay the
execution of any ejectment order.
As amended during the House Floor
debate, this legislation now extends its scope to recreational vehicle parks.
Any guest in these parks who has illegal drugs, engages in disorderly conduct,
damages the park or its facilities, violates posted rules, or fails to pay
space rent fees, can be removed once owners show they have complied with all
prerequisites to effect the removal of that park user and their recreational
vehicle.
The House has passed,
and sent to the Senate, H. 3524. This proposal would require crime victim
service providers to be certified. In addition, this bill would exclude mental
health clinicians licensed in South Carolina from being considered victim service
providers.
Also, in the Senate
after passing the House this week is H. 3525, a proposal to clarify incidents
necessitating victim advocate assisting survivors of domestic violence
incidents. This bill makes updates to existing training and technical
assistance to be provided by the Department of Crime Victim Compensation for municipalities and counties. It would
modify crime victim fund provisions, conduct of a victim or intervenor
contributing to infliction of injury, update references to the definition of
"intervenor," remove references to spouse abuse to reference domestic
violence instead, and make other modifications to better reflect current areas
of responsibilities for these workers and changes in state agency operations.
This Department would name three members to serve on its board. This pending
legislation also would remove consent as an exception to the offense of
criminal sexual conduct with a minor.
H. 4011 provides that the DMV may issue temporary driver identification
certificates. The bill was amended and ordered to third
reading. The bill would delete
the term "temporary driver's permit" and replace it with the term
"temporary driving certificate.”
The bill would allow the DMV to collect an
expedited fee for the accelerated production and mailing of beginners, permits drivers licenses and
identification hard cards. This is in
response to the DMV’s moved to a central issue method [fall 2025] for providing
cards.
Also, the term
"resident of South Carolina" shall expressly include all persons
authorized by the United States Department of Justice, the United States
Immigration and Naturalization Service, or the United States Department of
State to live, work, or study in the United States on a temporary or permanent
basis who present documents indicating their intent to live, work, or study in
South Carolina.” A driver's license or identification
card issued pursuant to this item to a person who
is not a lawful permanent resident of the United States shall expire on the
later of: (1) the expiration date of the driver's license applicant's
authorized period of stay in the United States; or (2) the expiration date of
the applicant's employment authorization document provided the driver's license
or identification card is valid for no more than eight years.
The House approved and
sent the Senate H. 4261, a bill designating the month of September of each year
as “Blood Cancer Awareness Month” to demonstrate the
state’s commitment to the study, prevention, and eradication of blood cancers
and encourage all South Carolinians to support patients and their families, as
well as efforts to better understand and find cures for these diseases.
H. 3856 relates to numerous issues regarding driver’s
licenses and permits, including
definitions related to veterans, rental trailers, blood type, medical
information, dealer licenses, dealer and whole sellers plates, auction licenses
and fees, revise the definition of the term “bus,” modifies driver instructor permits (regarding the expiration dates for
the permits and provide a schedule of fees), and would modify the points system
for evaluating performance records of dealers.
H.
3768 relates to highway system construction to
change the sunset expiration provision regarding transportation improvement
projects to July 1, 2031.
H. 3801 relates to exemptions from the state
procurement code, adding planning for
repairs to bridges, highways, roads, and other improvements on South Carolina’s
rights of way to the list of exemptions.
H. 3863 would enact the "South Carolina
STEM Opportunity Act." The bill would establish the South Carolina
Science, Technology, Engineering, and Mathematics (STEM) Coalition (Coalition)
by merging the existing South Carolina's Coalition for Mathematics &
Science (SCCMS) and S2TEM Centers SC. The purpose of the coalition is to build
public/private partnerships among state agencies, state funded entities, not
for profits, private businesses, entities, organizations, and industries with
the goal of building a technology-ready STEM workforce and ensuring South
Carolina students are prepared for STEM career opportunities within this State.
The bill would create a STEM Education Fund.
H.
3201 would
enact the "South Carolina Computer Science Education Initiative Act" to provide for
the expansion and enhancement of computer science education in public high
schools. The bill seeks to create and
implement a periodically reviewed statewide computer science education plan and
requires that each public school offers at least one computer science course
that meets certain criteria (beginning in elementary school) and to provide
related requirements (creating certification pathways for teachers) of the
State Board of Education and the State Department of Education. The House has repeatedly sent the Senate
legislation since 2017.
H.
3578 relates to the requirement that cursive
writing be taught in public elementary schools, so as
to specify that the cursive writing instruction must begin in third grade and
continue in each grade through fifth grade.
H. 3831 would enact the "Smart Heart Act" and provide for
the development and implementation of a cardiac emergency response plan in each
public school. This would include the automated external
defibrillator program in high schools - to provide that each public school would
ensure the presence of an automated external defibrillator onsite and within
certain proximity of school athletic venues (there are related testing,
maintenance, and personnel training requirements).
The House Judiciary
Committee met on Tuesday, April 1, 2025 and reported out seven bills:
A
favorable report, with amendment, was given to H. 3058. It proposes new
definitions for identifying violations of this proposed new criminal offense.
In the current version of this bill, intentionally
disseminating intimate images, or digitally created
intimate images, without consent would constitute criminal activity.
Penalties range from $5,000 and/or up to ten years in jail, and sentencing
judges are provided factors –in addition to the number of the offense--to
consider before imposing sentences.
They
gave a favorable report to H. 3285. Under this proposed bill, law enforcement
officers and emergency medical technicians would have to complete training in autism
spectrum disorders.
A
favorable report, with amendment, was also given to H. 3569. Domestic violence
incident survivors could terminate their leases without penalty under this proposed
legislation. They would have to show a documented qualifying incident within 60
days before ending their lease agreement obligations. As amended, landlords
would be exempt from civil liability for exercising the procedures outlined in
this proposed legislation.
A favorable report, with several amendments,
was also given to H. 3924. This
bill proposes regulating the sale of hemp‑derived consumables at locations with valid off-premises beer and
wine permit or a retail liquor store licenses. They could not be sold to anyone
under 21 years old, and must have signage, shelf-talkers, and stickers on
cooler doors, so as to clearly indicate to consumers the product contains
hemp-derived cannabinoids. Also, everyone is still prohibited from consuming
any of these edibles containing any controlled substances. Violators face from
$200 to $500 in fines and/or imprisonment for up to 30 days for each
infraction. Limited exceptions to these prohibitions are also contained in this
bill.
They
gave a favorable report to H. 3930. This proposed “Second
Amendment Financial Privacy Act”
would restrict any government entity—other than law enforcement conducting
legitimate criminal investigations—from keeping records of privately-owned
firearms.
Violators would face penalties set out in this pending bill.
A
favorable report, with amendment, was also given to H. 4160. This
bill would convert existing at-large circuit judge seats into resident
circuit court judge seats in the third, seventh, ninth, eleventh, and
twelfth judicial circuits.
They
gave a favorable report to S. 126. This Senate bill is follow-up
legislation to further clarify how active and retired judges and law enforcement officers could better protect their personal contact
information by applying to have that done. It adds these individuals’ names and real estate tax parcel numbers to the
information to privacy protections already covered by existing state law.
Applications to protect a home address would have to be updated any time it
changes, however. This bill requires South Carolina’s Office of Court
Administration and the South Carolina Criminal Justice Academy to work together
to develop an appropriate form for processing these requests.
It also allows this
information to be kept from publicly available internet websites and indices maintained
by state or local governments. Nevertheless, this restricted personal contact
information would still be in judges and law enforcement officials records held
by state or local government agencies. If the information appears on a UCC
filing statement or other business filing with the SC Secretary of State, it
would not be protected by this pending legislation.
This information could
be disclosed to personal representatives of a deceased eligible requesting
party, title insurance providers, title insurance agents, professional
engineers, as well as South Carolina licensed lawyers and land surveyors. It
would protect state or local government employees or agents from legal
liability for handling this information.
This bill also would
delay implementation of it from July 1, 2025 [the effective date set in 2023
Act 56] to January 1, 2026. A similar House bill, H. 3736, is also pending at
this time.
The Medical, Military,
Municipal and Public Affairs Committee met on Wednesday, April 2, 2025, and
reported out five bills.
With the creation of
the SC Department of Veterans Affairs, the South Carolina Veterans Retirement
Homes program (previously under the Department of Mental
Health) was moved under the authority of Veterans Affairs. As a result,
the committee gave a favorable report to S. 218, legislation that
gives the Department the authority to fully manage and oversee operations by
adopting policies and procedures for admissions and discharges. The legislation further allows the Department
to set and collect residence and service fees, as well as to receive payments
from the assignment of any state or Federal benefit.
The committee gave a
favorable with amendment report to S. 89, a bill renaming the
South Carolina Military Base Task Force to the South Carolina Military
Affairs Advisory Council. The bill updates the purpose of the Council
to coordinate with military communities to support mission readiness for
installations and improve the quality of life for service members and their
families. In addition, the bill adds
Aiken and Edgefield as military counties, as well as City of North Augusta and
makes appropriate changes. This council
shall convene no less than once every calendar year at such times as requested
by the council's chairperson, secretary, or the Governor.
The committee gave a
favorable recommendation to H. 3333, legislation that
expands projects that can be undertaken in the redevelopment of a federal
military installation to include affordable housing projects. The bill defines “affordable
housing” as
residential housing for rent or sale that is appropriately priced for rent or
sale to a person or family whose income does not exceed 80% of the median
income for the local area, with adjustments for household size, from the United
States Department of Housing and Urban Development. The bill outlines that all or part of the new
property tax revenues generated in the tax increment financing(TIF) district will be used to provide or support
publicly and privately owned affordable housing, including supporting
infrastructure projects, in the district.
The obligations for redevelopment projects has been extended to not
later than thirty-five years after the adoption of an ordinance.
The
committee gave a favorable report to H. 3910, legislation that
addresses crimes committed by children of military families. Currently, the only exception to the United
States' exclusive jurisdiction over lands it acquires in South Carolina,
including Department of Defense military installations, is for service by the
state's civil and criminal process courts.
This bill expands the concurrent jurisdiction with South Carolina and
the United States over a military installation relating to any violation of federal law
committed by a juvenile that is also an offense under state law with two
conditions: (a) the United States Attorney, or the United States District
Court, for the applicable district in South Carolina waives exclusive
jurisdiction; and (b) the violation of
federal law is also a crime or infraction under state law. The bill also states that when concurrent
jurisdiction has been established, the Family court has exclusive original
jurisdiction over these cases.
In
an effort to consolidate efficient healthcare that will result in the reduction
of administration duplication and improved public health outcomes, the
committee gave a favorable with amendment recommendation to S. 2. The bill creates within the executive branch
of state government an agency to be known as the Department of Behavioral
Health and Developmental Disabilities (the replacement agency for the South
Carolina Department of Disabilities and Special Needs). The Governor, with the advice and consent
of the Senate, must appoint the director to act as the head and governing
authority.
There
will be three components of this new agency; the Office of Substance Use
Services (currently known as DAODAS);
the Office of Mental Health and the Office of Intellectual and Developmental
Disabilities (currently known as DDSN). Each component office shall be headed by an
office director who shall be appointed by the department's director.
The
legislation outlines that the Director shall develop and execute a cohesive and
comprehensive plan for services provided by the component offices housed within
the Department. Among many things, the
bill also outlines that the director may, to the extent authorized through the
annual appropriations act or relevant permanent law,
1)
organize the administration of the department, including the assignment of
personnel to the offices and among its component departments, as is necessary
to carry out the department's duties;
2)
develop the budget for the department, including the component offices, to
reflect the priorities of its comprehensive service plan; and
3)
provide to the Governor and General Assembly, an annual accountability report
containing the agency's mission, objectives to accomplish the mission, and
performance measures that show the degree to which objectives are being met.
In
addition, the department's annual accountability report shall include a review
of efforts to maximize efficiency and identify any duplicative services,
develop a plan to consolidate or coordinate identified duplicative programs and
to eliminate redundancy, while ensuring that the quality, accessibility, and
specialization of services are preserved or enhanced.
The
bill makes conforming changes throughout the code to reflect the newly formed
department and offices.
The Ways and Means Committee met on Thursday,
April 3, and reported out several bills.
The Committee gave a
report of favorable with amendments on H. 3645, a bill increasing state employee paid parental leave in the event of the birth or adoption of a
child or the fostering a child in state custody. Paid parental leave is increased from six
weeks to twelve weeks for state employees who have given birth and increased
from two weeks to four weeks for those who have not given birth. The legislation includes among eligible state
employees, any person employed full-time by a four-year or postgraduate
institution of higher education under the control of the state or a technical
college supported and under the control of the state.
The Committee gave a
favorable report on S. 291, a State Government Budget Continuing Resolution. This joint
resolution provides for the continuing authority to pay the expenses of State
government should the 2025-2026 Fiscal Year begin without a general
appropriations act having been enacted.
The Committee gave a
favorable report on H. 3841, a bill authorizing the extension of property tax
exemptions and special assessment rates following a homeowner’s death. The legislation
provides that when an owner receiving the special property tax assessment
rate on a residence dies, the property shall continue to receive the special
assessment rate until the decedent’s estate is closed, upon the recording of a
deed or deed of distribution out of the estate, or after December 31st
of the year following the date of death, whichever occurs first. This extension does not apply if the property
is rented for more than seventy‑two days in or following
the calendar year of the decedent’s death or if a change
of use occurs. The legislation provides
a similar extension for any property tax exemption that the deceased owner had
been receiving.
The Committee gave a
report of favorable with amendments on H. 3800, a bill revising the
sales tax exemption on durable medical equipment and related supplies by eliminating the
eligibility requirement that the seller’s principal place of business must be
located in this state.
The Committee gave a
favorable report on H. 3869, a bill providing a
sales tax exemption for protective gear used in perishable prepared food
manufacturing facilities. The legislation
establishes a sales tax exemption for clothing required by current good manufacturing
practices at perishable prepared food manufacturing facilities to prevent health hazards, including outer
garments, gloves, hairnets, headbands, beard covers, caps, and other attire
required for those working in direct contact with food, food contact services,
and food packaging materials to protect against contamination of food.
The Committee gave a
report of favorable with amendments on H. 4134, a bill that
provides a ten-year extension for the “High Growth Small Business Job Creation
Act of 2013” so that the provisions of the act are set to expire at the end of
2035 rather than 2025. The legislation
also redesignates the act as the “High Growth Small Business Job Creation
Act-Angel Investor Tax Credit Act.”
The Committee gave a
report of favorable with amendments on H. 3832, a bill providing
tax incentives for theater productions and revisions to motion picture
production tax incentives. The legislation
makes provisions for tax incentives for an accredited for profit live stage
presentation in South Carolina that is either a pre‑Broadway or a post-Broadway production. The legislation revises tax rebate provisions
for certain motion picture production companies to: increase the annual limit
to a maximum of thirty million dollars, rather than ten million dollars; allow
for unused rebates to be carried forward for three years; authorize the use of
rebates for certain expenditures and expenses; and, repeal provisions relating
to distribution of admissions taxes for rebates to motion picture production
companies and certain departmental expenses.
The Committee gave a
report of favorable with amendments on H. 3925, a bill providing for
more stringent oversight of state finances. The legislation requires the
Comptroller General to confirm each year the accuracy of cash and
investments in the treasury for the previous fiscal year. The State Treasurer is required to maintain an accounting of cash
and investments in the treasury by agency and fund. Requirements for the Treasurer’s annual report to the General Assembly are revised to
provide that the State Treasurer shall ensure accuracy of certain financial
data and inform the General Assembly of any substantive concerns. The legislation revises provisions for the
comprehensive annual financial report to provide that the State Auditor may not
contract with the same external auditing firm that was hired in the previous
five years without prior review by the Joint Bond Review Committee.
It
is unlawful for a person to cause or allow a vessel to become an abandoned
vessel or a derelict vessel. A person who violates this subsection is guilty of
a misdemeanor and, upon conviction, must be fined not more than ten thousand
dollars, imprisoned for not more than sixty days, or both.
This
bill provides for each school district to annually identify the number of
students who live in poverty and to increase access to free school breakfasts
and lunches for these specific students.
The bill provides for criteria for determining eligibility.
H. 4281 relates to the transfer, surrender, and
issuance of certain certificates of title, license plates, registration cards,
and manufacturers' serial plates of vehicles sold as salvaged, abandoned,
scrapped, or destroyed, so as to provide in
addition to other requirements, the owners of rebuilt, salvage, salvage flood,
or salvage fire vehicles may not be issued certificates of title unless the
vehicles are equipped with certain safety features.
H. 4298 relates to concussion protocols for student
athletes, so as to revise
protocols by requiring certain concussion recognition and management training,
by including return to learn protocol requirements, by imposing requirements on
student athletes, and by imposing record-keeping requirements on schools.
H. 4304 would require operators of school buses to
notify the Department of Education when vehicles do not stop when the drivers have amber signals actuated; provide
that the Department of Motor Vehicles shall suspend vehicle registrations for
outstanding judgments for passing school buses and new laws relating to
suspension of vehicles' registrations for failure to pay tolls.
H. 4306 would prohibit school districts from requiring
teachers to assign a minimum grade or score that exceeds the student's actual performance.
This bill would allow
sentencing judges to deport convicted felon non-citizens, in lieu of having
them serve time for their crimes, after they are determined to be in the United
States and South Carolina illegally, whether undocumented or otherwise here.
Violators so arrested would also face penalties of at least five years in jail
under this legislative proposal. Deportation can replace jail time for
qualifying offenders, and in the discretion of the court.
Once it becomes law,
this bill would prohibit defined participants, organizers, and abettors from
taking over highways, streets, and right-of-way
should it become South Carolina law. These defined violators
face from $3,500 to up to $25,000 in fines and from five to up to ten years in
jail depending upon their role --and nature of involvement-- in violating this
new, proposed crime.
This bill sets out a
comprehensive list of factors that would earn a Gold Standard designation for
election procedures and provisions.
This proposal would
vest judges in the judicial retirement system after serving for eight years. In addition, it
would raise the retirement age for judges from 72 to 74 years of age.
If enacted, this bill
would set minimum $250,000 individual, $500,000 total, and $250,000 property
damage limits of insurance coverage for motorists convicted of driving under
the influence or driving with an unlawful alcohol
concentration.
This proposal would
require foster care placement authorities to use a minor’s sex as indicated on
their birth certificate when making sex–specific facility placement
assignments.
This bill would revise
South Carolina’s legal definition of ‘likely to engage in acts of sexual
violence’ for purposes of enforcing this criminal statute. The revised
definition would take into consideration someone’s propensity to commit acts of
sexual violence to a degree that poses a threat to members of
society.
Prostitutes, and their
handlers, would face stiffer sentences for promoting their services, or
engaging customers in paid sex liaisons. The crime of
prostitution would be more clearly defined as anyone
engaging in sexual activity for money or for anything of value. Penalties would
range from $200 to $3,000 in fines and jail sentences ranging from thirty days
to one year. Minors coerced into sex trafficking, prostitution,
and other such activities would have an affirmative defense to this criminal
charge.
Among other things,
this pending bill would enact comparative negligence percentage assignments to plaintiffs, severally liable defendants, and any nonparty
tortfeasors, allow for other tort
liability reforms, and set out
alcoholic beverage on-premises licensees obligations as well as managers and servers training. Defendants in these
lawsuits would not be able to claim any set offs, however.
Specifically, judges
or juries would determine the percentage of fault of plaintiffs, defendants,
and any nonparty causing injury or loss to plaintiffs. As defined in this bill,
a nonparty would be any person who has settled their responsibility for causing
a loss. All responsible for the loss could be added --within 180 days of the
litigation commencing-- to a jury verdict form for percentage assignment of
blame. Motions to add to these forms would have to have supporting affidavits.
Of note, asbestos or polyfluoroalkyl substances (PFAS) litigation pending at
the time this bill would become law are specifically excluded from its
provisions.
Should any plaintiff
be more than fifty percent at fault, the case would end there. Also of note, an
appropriate motion to dismiss a case could still be made at any time.
After percentages of
fault are determined, defendants or nonparties would, via a formula set out in
this bill, pay their determined portion of the verdict. In so-called dram shop
cases, an alcohol serving defendant or nonparty in no case would pay more than
fifty percent of the plaintiff’s loss. Bankrupts, workers compensation
determinations, sex offenders, vicariously liable tortfeasors, tortfeasors
subject to strict liability, and, in cases brought by the State of South
Carolina public authorities, special purpose districts, utilities, and other
similarly situated public entities could not be added to these lawsuits. In
addition, cases brought under the State Tort Claims Act would have total awards
limited to $1,000,000. Individual plaintiffs could be awarded no more than
$500,000.
Dram shops determined
to be liable for losses could also be fined $2,500 and have their on-premises
licenses suspended or revoked depending on the nature and number of the
violations it commits. Licensees serving after 5:00 p.m. would be required to
have alcoholic beverage liability policies with at least $500,000 in minimum
coverage. Nonprofits would have to have $300,000 policy limits. On premise
licensees serving alcoholic beverages between the hours of 12 a.m. and 4 a.m.
would have to use forensic digital ID systems to validate patron
identifications before entering their locations.
The uninsured motorist
coverage would be required to provide at least $50,000 of coverage for injury
to or destruction of property of the insured in any one loss incident but could
provide an exclusion for the first $250,000 of the loss or damage incurred.
Automobile insurance
carriers could offer uninsured motorist coverage that includes coverage for
punitive or exemplary damages but would not be required to do so.
Persons seeking to
recover from any governmental entity, in losses caused by the tort of a
licensed physician or dentist, employed by a governmental entity and acting
within the scope of their profession, could not exceed $2,000,000. Such
limitations to healthcare providers would not apply if the jury or court
determines that the defendant acted in a wilful, wanton, or reckless manner,
has pled guilty to a felony arising out of the same act or course of conduct
that is the proximate cause of the plaintiff's damages, acted under the
influence of drugs and alcohol to the degree they were materially and
appreciably impaired, and if the limitations for noneconomic damages are found
to be inapplicable by the jury or court; however, this sum could not exceed ten
times the current limitation on noneconomic damages.
A ten-year statute of
limitations, up from the current limit of eight years, would apply to any
negligent real estate improvement cases.
Automobile insurance
policies would be required to provide minimum coverages of $50,000 for bodily
injury for one person in any loss incident, $100,000 total bodily injury
coverage for two or more persons in any loss incident, and $50,000 for property
damage in any one loss incident.
This bill would
address an identified prosecutable age gap under existing state criminal law by
raising the maximum age of minors considered to have been killed by child abuse
from eleven years old up to less than eighteen years old, once enacted.
Eighteen year olds
could qualify to be kinship foster parents under the provisions in this pending
legislation.
This bill revises the
definition of “redevelopment projects” to include affordable housing projects where all or a part of new property tax
revenues generated in the tax increment financing
district is used to provide or support publicly and
privately owned affordable housing in the district or is used to provide
infrastructure projects to support publicly and privately owned affordable
housing in the district.
This bill provides
that if certain county or municipal zoning officials determine that the use of
a property is not permitted under applicable zoning classifications, then any related
permits are no longer valid and any development or construction on the property
must cease.
This bill cleans up
outdated language throughout Title 25 (Military, Civil Defense and Veterans
Affairs) of the South Carolina Code of Laws.
NOTE: This bill was placed on
the calendar without reference.
This bill adds that
any South Carolina resident who is an immediate Gold Star Family member, as classified by the United States
Department of Defense, may enter any state park without charge.
This bill revises
requirements governing the operation of rental karts, which have been referred to as super karts in
statutory provisions. The legislation revises minimum age provisions for
operators and safety requirements for these open-wheel motorsport vehicles,
with or without gearbox or shifter capability, used for racing in excess of 40 mph.
This bill revises
financial stability requirements for insurance companies in
keeping with the standards of the National Association of Insurance
Commissioners.
This bill establishes
guidelines governing the operation of a peer‑to‑peer car sharing program, including insurance and liability
requirements.
This bill creates the
Insurance Savings Program for
the purpose of authorizing the establishment of savings accounts empowering
individuals to save private funds to pay insurance policy deductibles on real
property and to make renovations to real property that make the property more
insurable so as to reduce insurance policy premiums and deductibles on real
property.
This bill establishes
provisions governing the operation of wellness reimbursement programs that
apply to an insurer that has issued a contract to provide services and pay
claims pertaining to reimbursements of qualified medical expenses relating to Section 213(d) of the federal
Internal Revenue Code.
This bill revises eligibility provisions for state
employee paid parental leave to provide that an eligible employee is any
person employed by any department, institution, commission, board, or any other
unit of government of this state who occupies a position eligible to earn
annual leave. This includes any person
employed by a four-year or postgraduate institution of higher education under
the control of the State or a technical college supported and under the control
of the State who occupies a position eligible to earn annual leave.
This bill revises income tax provisions to provide that
South Carolina gross income does not include retirement benefits received from
the South Carolina Police Officers Retirement System or any other retirement
benefits received by a police officer, firefighter, or emergency medical
technician through a retirement system or pension.
This bill would revise tax rates on products containing
tobacco, so
as to tax cigarettes for heating one and one‑quarter mills on each cigarette.
3M
H. 3333, 12
H. 3910, 12
S. 002, 13
S. 089, 12
S. 218, 11
Acts
Ending Illegal
Discrimination and Restoring Merit-Based Opportunity Act, 5
High Growth Small Business
Job Creation Act-Angel Investor Tax Credit Act, 15
Roadway Protection and
Safety Act, 17
Second Amendment Financial
Privacy Act, 10
Smart Heart Act, 9
South Carolina Computer Science Education Initiative Act, 9
South Carolina Rental Kart
Age Act, 21
South Carolina STEM
Opportunity Act, 8
affordable housing, 12, 20
Ag
S. 367, 16
S. 425, 16
Agriculture, Natural
Resources and Environmental Affairs, 16
alcoholic beverage
on-premises licensees obligations, 18
angel investor, 15
autism spectrum disorders, 10
automated external
defibrillator, 9
birth certificate, 18
Blood Cancer Awareness Month, 8
Budget Continuing Resolution, 14
car sharing, peer-to-peer, 21
cardiac emergency response
plan in each public school, 9
certificates of title,
license plates, registration cards, and manufacturers' serial plates, 16
Committees, 8
comparative negligence, 18
Comptroller General, 16
Computer Science Education
Initiative Act
for the expansion and
enhancement of computer science education in public high schools, 9
concussion protocols for
student athletes, 17
continuing resolution,
budget, 14
cursive writing, 9
DAODAS, 13
DDSN, 13
DEI, 5
Department of Behavioral
Health and Developmental Disabilities, 13
Office of Mental Health and
the Office of Intellectual and Developmental Disabilities, 13
Office of Substance Use Services, 13
Department of Crime Victim
Compensation, 7
Department of Disabilities
and Special Needs, 13
deportation of convicted
felon non-citizens, 17
diversity, equity, and
inclusion, 5
DMV, 7, 8
Domestic violence incident
survivors, 10
domestic violence incident
survivors as protected tenants, 10
driver identification
certificates, 7
driver’s licenses and
permits, 8
Driver’s Records and
Identification, 8
Education
H. 3201, 9
H. 3578, 9
H. 3768, 8
H. 3801, 8
H. 3831, 9
H. 3856, 8
H. 3863, 8
H. 3927, 5
H. 4011, 7
H. 4281, 16
H. 4298, 17
H. 4304, 17
H. 4306, 17
Education and Public Works, 8
Ejectment of Unlawful Occupants of a Residential Dwelling, 6
Ending Illegal
Discrimination and Restoring Merit-Based Opportunity Act, 5
Equal Protection Clause, 5
expedited fee for the
accelerated production and mailing of cards, 7
film incentives, 15
firearms, 10
First Amendment, 5
food, 15
food manufacturing
facilities, 15
Gold Standard designation for
election procedures and provisions, 17
Gold Star Family, 21
grades or scores, 17
guns, 10
H. 3046, 5
H. 3058, 9
H. 3201, 9
H. 3285, 10
H. 3333, 12
H. 3524, 6
H. 3525, 7
H. 3578, 9
H. 3645, 14
H. 3768, 8
H. 3800, 15
H. 3801, 8
H. 3831, 9
H. 3832, 15
H. 3841, 14
H. 3856, 8
H. 3863, 8
H. 3869, 15
H. 3910, 12
H. 3924, 10
H. 3925, 15
H. 3927, 5
H. 3930, 10
H. 4011, 7
H. 4134, 15
H. 4160, 10
H. 4261, 8
H. 4281, 16
H. 4282, 17
H. 4292, 17
H. 4293, 21
H. 4294, 22
H. 4295, 17
H. 4296, 21
H. 4297, 21
H. 4298, 17
H. 4299, 21
H. 4300, 18
H. 4301, 18
H. 4302, 18
H. 4303, 22
H. 4304, 17
H. 4305, 22
H. 4306, 17
hemp‑derived consumables, 10
High Growth Small Business
Job Creation Act-Angel Investor Tax Credit Act, 15
higher education, 14
identifiable minors, 5
identification card, 7
increment financing district, 20
Index, 27
insurance companies
financial stability
requirements, 21
Insurance Savings Program, 21
intimate images,
dissemination of, 9
Jud
H. 4282, 17
H. 4292, 17
H. 4293, 21
H. 4295, 17
H. 4296, 21
H. 4297, 21
H. 4300, 18
H. 4301, 18
H. 4302, 18
S. 126, 10
S. 190, 20
S. 233, 18
S. 235, 18
S. 244, 18
S. 405, 20
S. 415, 20
judges, 10
judicial retirement system
retirement age for judges, 18
vesting, 18
Judiciary, 9, 17
H. 3046, 5
H. 3058, 9
H. 3285, 10
H. 3524, 6
H. 3525, 7
H. 3569, 10
H. 3924, 10
H. 3930, 10
H. 4160, 10
karts, 21
Labor, Commerce, and
Industry, 21
law enforcement officers, 10
law enforcement officers and
emergency medical technicians, 10
LCI
H. 4299, 21
H. 4305, 22
S. 150, 21
S. 220, 21
S. 307, 21
managers and servers
training, 18
Medical, Military, Public and Municipal Affairs, 11, 20
military installations, 12
minor’s sex as indicated on
their birth certificate, 18
Minors, 18
motion picture production
companies, 15
occupying a residential dwelling, unlawfully, 6
paid sex liaisons, 18
parental leave
state employee paid, 22
personal information
protections
judges and law enforcement, 11
property damage limits of
insurance coverage for motorists convicted of driving under the influence, 18
prostitution, 18
qualified medical expenses
reimbursements, 22
redevelopment of a federal
military installation to include affordable housing projects, 12
redevelopment projects to
include affordable housing projects, 20
Rep. Bannister, 18
Rep. Cox, B. J., 10
Rep. Gatch, 22
Rep. Harris, 17
Rep. Hayes, 17
Rep. Herbkersman, 22
Rep. Landing, 10
Rep. Martin, 17, 21
Rep. McCabe, 18
Rep. Mitchell, 21
Rep. Moore, T., 5
Rep. Newton, W., 10
Rep. Pace, 17, 21
Rep. Pedalino, 17
Rep. Sanders, 17
Rep. Schuessler, 22
Rep. Smith, M. M., 10
Rep. Taylor, 16
Rep. White, 18
Rep. Wooten, 9, 10, 21
Roadway Protection and
Safety Act, 17
S. 002, 13
S. 011, 22
S. 089, 12
S. 126, 10
S. 150, 21
S. 190, 20
S. 218, 11
S. 220, 21
S. 233, 18
S. 235, 18
S. 244, 18
S. 291, 14
S. 307, 21
S. 367, 16
S. 405, 20
S. 415, 20
S. 425, 16
salvaged, abandoned,
scrapped, or destroyed, 16
Second Amendment Financial
Privacy Act, 10
Sen. Adams, 20
Sen. Alexander, 20
Sen. Blackmon, 21
Sen. Campsen, 16
Sen. Climer, 21
Sen. Cromer, 21
Sen. Davis, 16
Sen. Jackson, 22
Sen. Kimbrell, 18
Sen. Leiber, 18
Sen. Massey, 18
Sen. Young, 20
severally liable defendants, 18
sex offender registration
requirements, 5
sexual violence, 18
Sexually Violent Predator
Act, 5
Smart Heart Act
cardiac emergency response
plan in each public school, 9
South Carolina Military
Affairs Advisory Council, 12
South Carolina Rental Kart
Age Act, 21
South Carolina STEM
Opportunity Act, 8
State Board of Education, 9
State Department of Education, 9
state employee paid parental
leave, increasing, 14
state park, 21
state procurement code,
exemptions from
planning for repairs to
bridges, highways, roads, and other improvements, 8
State Treasurer, 16
super karts, 21
taxes
homeowner’s death, 14
products containing tobacco, 22
property tax exemptions and
special assessment rates, 14
property tax revenues, 12, 20
sales tax exemption for
protective gear used in perishable prepared food manufacturing facilities, 15
sales tax exemption on
durable medical equipment, 15
tax increment financing(TIF), 12
theater productions and
revisions to motion picture production tax incentives, 15
technical college, 14
temporary driving
certificate, 7
Tort and Alcoholic Beverage
Service Liabilities -- Reforms and Premium Reductions, 18
tort liability reforms, 18
tortfeasors, 18
transportation improvement
projects, sunsetting, 8
Veterans Retirement Homes
program, 11
Ways and Means, 14, 22
wellness reimbursement
programs, 22
WM
H. 3645, 14
H. 3800, 15
H. 3832, 15
H. 3841, 14
H. 3869, 15
H. 3925, 15
H. 4134, 15
H. 4294, 22
H. 4303, 22
S. 011, 22
S. 291, 14
zoning classifications, 21
Note
to the reader regarding these Legislative Summaries
Sources
The versions
of bills and acts that these summaries are based on can be found in the House
and Senate Journals of the 125th Session (First and Second Sessions, 2023-2024)
and other webpage resources: (https://www.scstatehouse.gov).
Citation
Style (Chicago Manual of Style) for Students/Researchers
South
Carolina General Assembly, South Carolina House of Representatives, Legislative
Update, 2024. https://www.scstatehouse.gov/hupdate.php
Online Resources
These summaries are on the South Carolina General
Assembly homepage (http://www.scstatehouse.gov). Go to
“Publications” and then “Legislative Updates” (https://www.scstatehouse.gov/publications.php). This lists all the Legislative Updates.
1)
a Word document showing that week’s bill activity.
2)
a Webpage (the Bill Summary
Index) with
hypertext links to the bills (by bill number, date, and the different stages in
the legislative process).
3)
the end of session summaries (with index).
Style
The House
Research Office uses the 17th edition of the Chicago Manual of Style (with
in-house style modifications, esp. regarding numbers/numerals).
NOTE: In the Word file within the Table of
Contents, you can go directly to the act or bill summary by pointing the cursor
at the line, pressing the Ctrl key + left click the mouse.]
Use
'THE BELOW CONSTITUTED SUMMARY IS
PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT
THE EXPRESSION OF THE LEGISLATION'S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES.
IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF
REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION
OF LEGISLATIVE INTENT'. House Rule 4.19
Wednesday, April 9, 2025