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April 7, 2023

The House of Representatives met in regular session this week and worked through bills on the calendar. The deadline for bills to pass out of the originating body, or the crossover deadline, was Thursday. The Senate did not meet in session on the floor this week. The House has another furlough week next week and will not meet in session. 

The last day of the regular session is Thursday, May 11, 2023.  

Senate Finance Committee passes its version of the state budget  
The Senate Finance Committee finalized and adopted its version of the state’s $37.3 billion budget on Tuesday morning. Included in the budget are the following items:   

  • $13.2 million added to the Local Government Fund base amount. The Senate Finance Committee fully funded the LGF at 5% for FY 2023-2024 according to Act 84, which passed into law in 2019.  

  • $1 was added to the budget for county transportation committees, also known as CTCs, for secondary and low-volume primary roads. 

  • $40.1 million to cover 1% of the increase in public employers’ retirement system contributions;    

  • $750,000 for post-traumatic stress disorder treatment services for first responders, which includes the additional $250,000 from FY 2022-2023.  

  • $121.5 million for the state’s share of the state health plan, including expanded well visits, prescribed contraceptives for dependents and annual gynecological visits for women.   

  • $3 million in recurring dollars to fund the Volunteer Strategic Assistance and Fire Equipment program, or V-SAFE program. 

  • $95,000 in new nonrecurring dollars towards the SC Fire Chiefs Association.  

  • $2.5 million additional money in one-time dollars for tourism promotions, including $500,000 in recurring dollars and $2 million in nonrecurring dollars. 

  • $12 million in one-time dollars for destination-specific tourism grants.  

  • $1 to the Office of Resilience for disaster relief.   

  • $1.5 million in recurring funds to supplement the state’s 10 Councils of Governments.   

  • $1.5 million in recurring funds to fund the Aid to Counties- Magistrates line item. 

  • $3.894 million in recurring funds for Aid to Fire Districts- Statutory Funding Requirement for Insurance Premiums under Section 23-9-410.   

  • $3.784 million in recurring dollars for the Firefighter Cancer Fund.  

  • $12 million to the Rural County Stabilization Fund.  

  • $25 million in one-time dollars to the SC Conservation Bank for grant funding.  

  • $5 million to the SC Department of Mental Health for an alternative transportation program. 

  • $2 million in recurring dollars to fund additional 988 call centers.   

  • $1 to the SC Department of Public Safety for a mental health for incarcerated individuals pilot program.  

The Senate Finance Committee kept the following provisos in the budget from the House version:      

SC State Treasurer: This proviso requiring the state treasurer to withhold all or a portion of state payments from municipalities not meeting the auditing and reporting requirements has been suspended for the last two years. The House asked that the original language be restored and the state treasurer to resume withholding state payments.   

SC Public Employee Benefit Authority: State Health Plan:  This proviso provides for an employer health insurance premium increase of 3.7% and a subscriber premium increase of 0% for the standard State Health Plan for Plan Year 2024.   

PEBA: Police Officers Retirement System and South Carolina Retirement System Return to Work: For compensation earnings during the current fiscal year, the earnings limitation does not apply if a member of PORS or SCRS has not been engaged to perform services for a participating employer in the these systems for compensation in any capacity, whether as an employee, independent contractor, leased employee, joint employee or other classification of worker, for a period of at least 12 consecutive months subsequent to retirement.  

The budget now goes to the Senate for debate during the week of April 17. For information on the budget, contact Joannie Nickel (jnickel@masc.sc) at 803.354.4794.    

Senate American Rescue Plan Act bill passed by the House 
The House of Representatives amended and passed S604, the bill that allocates the state ARPA funding. The bill was amended in the House Ways and Means Committee to add language that clarifies that the SC Office of Resilience and ARPA money and rules do not change in this bill. The bill was amended further on the floor of the House of Representatives to instruct the SC Rural Infrastructure Authority to withhold ARPA funding disbursement to any area whose General Assembly member opposes the federal funding. 

The bill was given third reading on Thursday and sent back to the Senate for concurrence or amendments. 

For questions about the American Rescue Plan Act allocation, contact Erica Wright (ewright@masc.sc) at 803.354.4793.   

Squat truck ban passed by the House 
The House of Representatives gave second reading to H3414 on Tuesday and third reading on Wednesday, meeting the Thursday crossover deadline. This is the House bill that bans squat trucks. The Senate passed its version of the bill, S363, in February. Both bills prohibit motor vehicle modifications that result in a motor vehicle's front fender being raised 4 or more inches above the height of the rear fender.  

The Municipal Association included banning squat trucks in its 2023 – 2024 Advocacy Initiatives.    

For information about this bill, contact Erica Wright (ewright@masc.sc) at 803.354.4793.   

House passes tobacco flavoring bill  
H3681, the bill that prohibits municipalities from enacting laws, ordinances or rules pertaining to ingredients and flavors of cigarettes or e-cigarettes, was given a second reading by the House of Representatives on Wednesday and third reading on Thursday. The bill now goes to the Senate for debate. The Senate bill, S414, is on the contested calendar with objections from three senators keeping it from being debated. 

This bill allows cities and towns to continue to control zoning for shops that sell these products, and grandfathers in cities and towns that have ordinances adopted before 2021 relating to ingredients and flavors of tobacco.  

For more information on this bill, contact Scott Slatton (sslatton@masc.sc) or 803.933.1203. 

Municipal election bill passes House subcommittee 
The House Judiciary Constitutional Laws subcommittee gave H3734 a favorable report. This bill makes several changes to municipal elections including dates, voting machines and terms of office. Scott Slatton, the Municipal Association’s director of Advocacy and Communications, testified on the bill and shared several changes to the current language including swearing-in dates of councilmembers after an election. Subcommittee members agreed to continue to work on the bill and amendments based on Slatton’s requests and comments. Next, the bill goes to the full House Judiciary Committee for debate. 

For more information on this bill, contact Scott Slatton (sslatton@masc.sc) or 803.933.1203. 

Stay in Touch 
The Municipal Association legislative team is on Twitter. Follow Scott Slatton (@ScottMuniSC), Joannie Nickel (@JoannieMuniSC) and Erica Wright (@EricaMuniSC) for updates from the State House. Also follow the Association at @MuniAssnSC.  

From the Dome to Your Home podcast 
The Municipal Association has launched another podcast, dedicated only to legislative information. The From the Dome to Your Home podcast offers more guests, more insight and more legislative information all year round. Enjoy both City Quick Connect for municipal information and project highlights and From the Dome to Your Home for everything legislative.  

From the Dome to Your Home Podcast 

Committee Report

Senate Judiciary subcommittee 
S81 – Clarifies that a limitation on stress, mental injuries and mental illness for workers' compensation does not apply to a first responder diagnosed with PTSD – carried over 
Summary of the bill as introduced: Clarifies that the limitation on stress, mental injuries and mental illness for workers' compensation does not apply to a first responder diagnosed with post-traumatic stress disorder. This section of the bill does not apply if the first responder is medically diagnosed with PTSD as described in the Diagnostic and Statistical Manual of Mental Disorders arising from the event that happened during the course and scope of employment. 
S82 – Clarifies that a limitation on stress, mental injuries and mental illness for workers' compensation does not apply to a first responder diagnosed with PTSD – carried over 
Summary of the bill as introduced:  Clarifies that a limitation on stress, mental injuries and mental illness for workers' compensation does not apply to a first responder diagnosed with post-traumatic stress disorder. 
S251 – Provides workers' compensation benefits to first responders medically diagnosed with PTSD – favorable report 
Summary of the bill as introduced: Provides workers' compensation benefits to first responders medically diagnosed with post-traumatic stress disorder in the course and scope of employment. 
 

Senate Judiciary subcommittee 
S368 – Changes the procedure for issuing bond for subsequent violent offenses – carried over 
Summary of the bill as introduced: Requires the court to consider whether a person is currently out on bond for a prior offense when setting bond. 
 

Senate Judiciary subcommittee 
S109 – Enacts the South Carolina Constitutional Carry Act of 2023 – favorable report as amended. The amendment strikes all of the language in the bill and replaces it with language from H3594, the House version of the bill. Section 16 of the House bill language was also removed.  
Summary of the bill as introduced: Allows anyone to carry a handgun, whether concealed or not, without a permit. 

House Labor, Commerce and Industry Committee 
H3769 – Prohibits the SC Department of Health and Environmental Control from denying the repair, replacement or construction of wells and septic tanks on certain rural lands – favorable report as amended. The amendment only allows for replacement and repair on existing septic tanks regardless of the availability of other water or sewer services. 
Summary of the bill as introduced: Prohibits SC DHEC from denying the repair, replacement or construction of wells and septic tanks on certain rural lands regardless of the availability of municipal water and sewer service.
 
House Judiciary Constitutional Laws subcommittee 
H4042 – Provides a framework in which antisemitism is considered regarding all laws prohibiting discriminatory acts – favorable report 
Summary of the bill as introduced: Provides a framework in which antisemitism is considered regarding all laws prohibiting discriminatory acts.