Indicates Matter Stricken

Indicates New Matter

 

Committee Report

April 2, 2026

 

H. 4706

 

Introduced by Reps. Rutherford, Neese, Chumley and Hartnett

 

S. Printed 4/2/26--H.

Read the first time January 13, 2026

 

________

 

The committee on House Judiciary

To whom was referred a Bill (H. 4706) to amend the South Carolina Code of Laws by adding Section 15-1-350 so as to prohibit certain racing facilities, under certain circumstances, from being subject, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, Section 15-1-350, by adding subsections to read:

    (C) A racing facility must have made reasonable progress in the construction of the racing facility within two years of obtaining all required permits in order to avail themselves of the protections contained in subsection (B).

    (D) Nothing in this section can be read to limit nuisance actions of a law enforcement agency or government entity that are initiated to prohibit activity that is not related to the lawful construction and operation of a racing facility.

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill prohibits lawsuits against a racing facility brought by surrounding property owners under any nuisance or taking cause of action provided the developer of the racing facility obtained permits required for construction and established its right to develop the property before the surrounding property owner purchased the real property or constructed any building in the area. This bill's provisions do not affect any legal proceedings that already exist at the time the law takes effect. This bill takes effect upon signing of the Governor.

Judicial anticipates this bill may result in a change to the number of civil cases, which may increase the workload of the court system and downstream expenses such as court interpreting. Judicial anticipates any increase to expenses will be initially managed within existing appropriations. However, Judicial indicated that if an increase in caseload and corresponding downstream expenses is significant, it will request additional General Fund appropriations.

 

State Revenue

This bill may result in a change in the fines and fees collected in court.  Court fines and fees are distributed to the General Fund, Other Funds, and local funds.  Therefore, RFA anticipates this bill may result in a change to General Fund and Other Funds revenue due to the change in fines and fees collections in court.

 

Local Expenditure

This bill prohibits lawsuits against a racing facility brought by surrounding property owners under any nuisance or taking cause of action provided the developer of the racing facility obtained permits required for construction and established its right to develop the property before the surrounding property owner purchased the real property or constructed any building in the area. This bill's provisions do not affect any legal proceedings that already exist at the time the law takes effect. This bill takes effect upon signing of the Governor.

 

RFA contacted all counties in the state and MASC to determine the potential expenditure impact this bill may have for local governments. Responses received from Charleston County, Lancaster County, and MASC indicate the local expenditure impact to these counties and municipalities is expected to be minimal and managed within current resources.

 

This bill may result in a change to the number of local court cases, which may change the workload of the court system. Any potential increase in expenses will depend upon the increase in the number of cases. Judicial anticipates that a potential increase in caseload can be managed within existing appropriations.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

_______

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 15-1-350 SO AS TO PROHIBIT CERTAIN RACING FACILITIES, UNDER CERTAIN CIRCUMSTANCES, FROM BEING SUBJECT TO NUISANCE AND TAKING CAUSES OF ACTION FROM A SURROUNDING LANDOWNER.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 1, Title 15 of the S.C. Code is amended by adding:

 

    Section 15-1-350.  (A) As used in this section:

       (1) "Area of the racing facility" means within a three-mile radius of the perimeter of the property or contiguous group of properties where a racing facility is located.

       (2) "Racing facility" means a designated area where competitive vehicle and motorsport races are conducted. The term includes the track, spectator areas, garages, and any associated grounds, buildings, or appurtenances used to operate the races.

    (B) A racing facility is not subject to any action brought by a surrounding property owner under any nuisance or taking cause of action if the developer of the racing facility obtained all permits required for construction of the racing facility and established a vested right in the development of the property or contiguous group of properties where the racing facility is located before the surrounding property owner either purchased the real property or constructed any building in the area of the racing facility.

 

SECTION 2.  The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide.  After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 3.  This act takes effect upon approval by the Governor.

 

----XX----