February 16, 2024

The Senate debated and passed S. 423, the “Compassionate Care Act” bill, this week. A Senate Judiciary subcommittee on Tuesday discussed S. 533, a bill to modify how financial responsibility is allocated in a lawsuit, although the bill did not advance.  A House Ways and Means proviso subcommittee met Tuesday to adopt numerous provisos prior to consideration of the state budget bill by the full Ways and Means Committee next week. Several bills of interest to counties are discussed below.

Redevelopment Authorities (RDAs): Tax Increment Financing for Affordable Housing – H. 4552. This bill adds certain affordable housing projects to the definition of what qualifies for federal and military redevelopment installations. This includes an affordable housing project (defined referencing median income percentages according to the U.S. Department of Housing and Urban Development) where all or a part of new property tax revenues generated in the tax increment financing district (TIF) are used to provide or support publicly and privately owned affordable housing in the district, or are used to provide infrastructure projects to support affordable housing.

The subcommittee amended the bill to extend the bonding period for redevelopment projects from 15 years to 30 years and to allow municipalities to spend TIF dollars outside of the RDA for items such as infrastructure support. A House 3M subcommittee gave H. 4552 a favorable report, as amended, and the bill will be on the agenda at the next meeting of the full committee.

SCAC Staff Attorney Leslie M. Simpson testifies during a House Judiciary subcommittee hearing on H. 4234, updates to the S.C. Probate Code

Medical Cannabis – S. 423. This bill would enact the “Compassionate Care Act” to establish the South Carolina Medical Cannabis Program. The program would provide for the sale of medical cannabis to treat a qualifying patient’s debilitating medical condition or to alleviate symptoms. The bill was set for special order by the Senate last week and was debated for several days on the Senate floor. The bill would require a medical cannabis establishment to submit to the Department of Health (the Department) a sworn statement certifying that the proposed medical cannabis establishment is compliant with local government zoning restrictions, if applicable, and a copy of any local registration, license, or permit required by local government for the proposed medical cannabis establishment. The bill would also allow local governments to enact ordinances or regulations not in conflict with the bill or with regulations enacted pursuant to the bill, governing the time, place, manner, and number of medical cannabis establishment operations in the locality. Also, a local government could establish penalties for violations of an ordinance or regulation governing the time, place, and manner that a medical cannabis establishment may operate in the locality. Finally, the bill would authorize local governments to prohibit medical cannabis establishments from operating in the jurisdiction. The provisions of the bill would sunset five years after the first sales commence.

The Senate adopted several amendments on the floor, including one to limit the number of therapeutic cannabis pharmacy licenses allowed to be issued by the Department to three per county before giving S. 423 second and third readings, as amended, and sending the bill to the House.

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

The Senate version of H. 3594 includes language that:

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

The House amended H. 3594 back to the version that it passed last year, but the Senate insisted on its amendments. The bill will go to conference committee.

Cell Phones in Prisons – H. 4002. As passed by the House, this bill provided 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 language applying the prohibition to county detention centers and jails over concerns regarding uniformity in procedures regulating contraband. The Senate Judiciary Committee adopted the subcommittee’s amendment and gave the bill a favorable report, as amended. H. 4002 is pending second reading on the Senate 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. A House Labor, Commerce, and Industry subcommittee gave H. 4113 a favorable report, and the bill will be on the next full committee’s agenda.

Tinted Windows on Law Enforcement Vehicles - H. 4933. This bill exempts all law enforcement vehicles from the restrictions on sunscreen devices (tinted windows) pursuant to Section 56-5-5015, not just those vehicles that transport canine passengers. A House Education and Public Works subcommittee gave H. 4933 a favorable report, and the bill will be on the next full committee’s agenda.

S.C. Probate Code Update — H. 4234. This bill is the product of a stakeholder working group, including probate judges, created to update several provisions of Article V of the Probate Statutes pertaining to procedures for Guardianship and Conservatorship proceedings, an SCAC policy position. The bill states that a person under a duty to pay or deliver money or personal property to a minor or incapacitated individual must have a protective proceeding if the net aggregate amount to be paid or delivered in a given year exceeds $15,000.

Further, the bill extends the timeframe for certain guardian ad litem investigations to allow for an independent investigation to determine relevant facts and requires the filing of a written report with recommendations no later than 72 hours prior to the hearing unless excused or required earlier by the court. The current timeframe is 48 hours.

The bill also clarifies the process and procedures for temporary emergency orders without notice and hearing; clarifies the procedure for court examiners by adding nurse practitioners, physician assistants, nurses, or psychologists; and allows an “examination” to be conducted in person or virtually via telemedicine or appropriate methods.

A House Judiciary subcommittee amended the bill this week by striking the words “Advanced Directive and Appointment of Health Care Agent” within the definition of “supports and assistance” and replaced the language with “health care power of attorney” as currently codified in Section 62-5-101(23). The subcommittee gave H. 4234 a favorable report, as amended, and the bill will move forward to the full committee for consideration.

SC Justice Act (Joint and Several Liability) – S. 533. This bill would modify the South Carolina Contribution Among Tortfeasors Act, Chapter 38 of Title 15, to permit a court to consider the percentage of fault of any nonparty or party with a settlement agreement when determining the percentage of fault of the named parties. Section 15-38-65 specifies that Chapter 38 of Title 15 is not applicable to governmental entities. A Senate Judiciary subcommittee carried the bill over to receive more testimony.

Sunday Alcohol Sales — H. 4231. This bill allows licensed retail dealers to sell alcoholic liquors on Sundays between 1 and 5 p.m. if the county or municipal governing body has authorized the sale of liquor through an ordinance followed by a successful referendum. The bill allows a referendum to be held by petition of at least 10% but not more than 7,500 qualified electors of the county or municipality. The referendum must be conducted at the next general election of the county or municipality. The bill also exempts single-owner stores from the $100 application permit fees charged by the Department of Revenue for Sunday alcohol sales. The House gave H. 4231 second and third readings, as amended, this week and sent the bill to the Senate.

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, 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 Judiciary Committee gave H. 4927 a favorable report, as amended, and the bill is pending second reading on the House calendar.

The Senate set S. 915 for special order, and debate is expected to begin on the bill next week.

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 subcommittee gave H. 3160 a favorable report, and the bill will be on the next full committee’s agenda.

We hope to see you next week! If you haven't already registered, you can register onsite.

Tuesday, Feb. 20

• The Institute of Government for County Officials — Pastides Alumni Center at USC, 9 a.m.-4 p.m.
• The Council Chairperson's Workshop — Hilton Center Columbia, 9 a.m.-4 p.m.
• The Counties Connect Legislative Reception — Palmetto Club, 5-7 p.m. You must be registered for the Counties Connect conference to attend the Legislative Reception.

Wednesday, Feb. 21

SCAC's Counties Connect: A Legislative Action Day — Pastides Alumni Center at USC, 10 a.m.-4:30 p.m. Includes advocacy meetings at the State House with local delegation members.

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. 5079 (Rep. W. Newton) — Amends Section 7-7-110, relating to designation of voting precincts in Beaufort County, to redesignate the map number on which these precincts are delineated.

H. 5080 (Reps. B. J. Cox, Elliott and Bannister) — Adds Section 38-77-300 to provide that an individual or group health plan must provide coverage under the same terms and conditions to the spouse or dependent of a first responder covered by such a plan in certain circumstances.

H. 5081 (Reps. Pope and Felder) — Proposes an amendment to Section 4, Article II of the Constitution of South Carolina, relating to voter qualifications, to clarify that only a citizen of the United States and of this state age 18 and older who is properly registered is entitled to vote as provided by law.

H. 5090 (Reps. King and McDaniel) — Adds Section 58-1-70 to require a utility that offers a drive-through window for customer service to permit a customer to make a payment at its drive-through window and to provide what constitutes a "utility."

H. 5091 (Rep. Leber) — Amends Section 12-6-1120, relating to gross income, to exclude certain first responder income.

H. 5092 (Reps. Herbkersman, G. M. Smith, Bannister and Vaughan) — Adds Section 48-6-65 to require the previous "Board of the Department of Health and Environmental Control" to investigate and advise on certain matters and amends several sections relating to the Department of Environmental Services.

Senate Bills

S. 1040 (Sen. Cromer) — Amends Section 12-36-2110, relating to the maximum tax on the sale or lease of certain energy-efficient manufactured homes, to extend the provision for five more years.

S. 1045 (Sen. Cromer) —  Adds Section 7-13-1625 to provide that any voting system purchased for use in South Carolina must use hand-marked paper ballots that are counted by hand.

S. 1046 (Sens. Hembree, Climer, M. Johnson, Peeler, Corbin, Cromer, Shealy, Grooms, Bennett, Gambrell, Loftis, Rice, Gustafson, Martin, Verdin, Turner, Kimbrell, Reichenbach, Cash, Harpootlian, McLeod and Fanning) —  Amends Section 22-1-10, relating to Judicial Merit Selection Commission appointment, terms and territorial jurisdiction, training, and certification or recertification requirements, to provide that the Governor shall receive recommendations from the full legislative delegation of the county the magistrate will serve.

S. 1048 (Sens. M. Johnson, Young, Malloy, Setzler, Rankin, Talley, Hembree, Gustafson, Davis and Adams) —  Adds Section 15-3-710 to provide the basis for liability for a person or establishment who illegally furnishes alcohol to an individual who injures a third party based upon what the furnisher knew or should have known under the circumstances.

S. 1058 (Sen. Senn) — Adds Section 2-19-95 to provide that to be eligible for appointment to the South Carolina Supreme Court, a candidate must be a resident of Greenville County.

S. 1059 (Sen. Alexander) — Amends Section 56-19-210, relating to the requirement of a certificate of title required to sell or mortgage a vehicle, to authorize a South Carolina Motor Vehicle Dealer to sell a motor vehicle through consignment.

S. 1060 (Sens. Tedder, Hembree, Massey and Senn) — Amends Section 16-17-722, relating to the filing of false police reports and associated penalties, to revise the statute, provide for the offense of swatting, and provide graduated penalties for violations.

S. 1061 (Sen. Kimbrell) — Adds Section 1-23-165 to prohibit an agency authorized to implement and enforce state and federal environmental laws from adopting a rule for the protection of the environment or natural resources that imposes a more restrictive standard, limitation, or requirement than those imposed by federal law or rule.

S. 1062 (Sen. Campsen) — Amends Section 12-6-3670, relating to the credit for excess premium paid for property and casualty insurance, to raise the maximum amount of the credit allowed for a tax year from $1,250 to $1,900.

S. 1063 (Sen. Gambrell) — Adds Section 56-5-1897 to provide speed limitations on vehicles meeting or overtaking waste service vehicles, and penalties for violations and amends Section 56-5-170, relating to the definition of the term "authorized emergency vehicles," to include "waste service vehicles" within the definition of the term.