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February 17, 2023

House and Senate members met in regular session this week. The House of Representatives spent the week debating an abortion bill, while the Senate worked through bills on the calendar and gave final approval to the squat truck ban bill. Senators plan to begin debate S153, the fentanyl trafficking bill, on Tuesday.  

Municipal financial compilation legislation out of subcommittee 
The Senate Finance Property Tax subcommittee gave S31 a favorable report. S31 is the bill that allows cities and towns with less than $500,000 in total revenues the option of providing provide a compilation of financial statements instead of a full audit. Erica Wright, public policy and legislative advocate for the Municipal Association, testified in favor of the bill and answered questions , along with Scott Slatton, director of advocacy and communications, from the subcommittee members. Next, the bill goes to the full Senate Finance Committee for debate. 

The Municipal Association included the permitting of financial statements for smaller cities in its 2023 – 2024 Advocacy Initiatives.   

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

Squat truck ban passes the Senate 
S363, the bill that prohibits motor vehicle modifications that result in a motor vehicle's front fender being raised four or more inches above the height of the rear fender, passed the Senate on Wednesday. The bill was read across the desk of the House of Representatives on Thursday and referred to the House Education and Public Works Committee for debate. 

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

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

House Budget Proviso subcommittee approves budget proviso package 
The House Ways and Means Proviso subcommittee met this week to debate current and new provisos in the House Ways and Means Committee’s version of the budget. Several changes in the provisos affect cities and towns.  

Proviso 98.9 requires the State Treasurer to withhold all or a portion of state payment from municipalities not meeting the state-mandated audit and reporting requirements. This proviso was suspended for the last two years, but this year the State Treasurer requested that the proviso be reinstated and payment withholding begin again. 

Two provisos included in the current FY 23 state budget related to return-to-work retirees are included in the upcoming budget proposal. The proviso requires a 12-month break in service to return to work in the SC Retirement System and the Police Officers Retirement System. 

For information on the budget, contact Joannie Nickel (jnickel@masc.sc) at 803.354.4794.  

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

House Judiciary Committee 
H3594 – Enacts the SC Constitutional Carry/Second Amendment Preservation Act of 2023 – favorable report as amended. The amendment adds mandatory minimum sentences for the amount of time loss to carry for violations of the bill. The amendment also includes an expungement provision, maintains authority of private detectives to carry and allows clerks of court to carry. 
Summary of the bill as introduced: Allows anyone to carry a handgun, whether concealed or not, without a permit. 
H3532 – Creates sentencing enhancements for persons who commit certain additional crimes while on pretrial release on bond – favorable report 
Summary of the bill as introduced: Creates sentencing enhancements for persons who commit certain additional crimes while on pretrial release on bond. This bill also prohibits pretrial release on bond for a person charged with certain crimes. 
H3591 – Repeals a section of the state constitution that prohibits the state or its political subdivisions from providing direct aid to certain institutions – favorable report 
Summary of the bill as introduced: Repeals a section of the state constitution that prohibits the state or its political subdivisions from providing direct aid to religious or other private educational institutions. 
H3686 – Provides a framework where antisemitism is considered regarding all laws prohibiting discriminatory acts – favorable report 
Summary of the bill as introduced: Provides a framework where antisemitism is considered regarding all laws prohibiting discriminatory acts and educates state personnel and officials on antisemitism. 
 
Senate Fish, Game and Forestry Committee  
S282 – Places the Beach Restoration and Improvement Trust Fund under the SC Department of Parks, Recreation and Tourism – favorable report 
Summary of the bill as introduced: Places the Beach Restoration and Improvement Trust Fund under the SC Department of Parks, Recreation and Tourism to monitor erosion rates and beach profiles and creates a recurring source of funding for the trust. 

Senate Banking and Insurance Insurance subcommittee 
S500 – Establishes grant criteria and matching grant funds available to local governments from the SC Hurricane Damage Mitigation Program – favorable report 
Summary of the bill as introduced: Establishes grant criteria and matching grant funds available to local governments from the SC Hurricane Damage Mitigation Program. 

Senate Judiciary subcommittee 
S367 – Requires an appearance bond to convert to a personal recognizance bond after 18 months for a municipal court offense – favorable report as amended. The amendment specifies two tiers of electronic monitoring, tasks the SC Law Enforcement Division to oversee electronic monitoring and changes the effective date to 180 days after the Governor’s signature to give SLED time to promulgate regulations. 
Summary of the bill as introduced: Requires an appearance bond to automatically convert to a personal recognizance bond after 18 months for a municipal court offense. 
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 
S330 – Adds tiered penalties for damage to an electric utility system – favorable report as amended. The amendment adds cable systems to the bill and language from S331 that creates the offense of malicious injury of a utility.  
Summary of the bill as introduced: Adds tiered penalties for damage to an electric utility system 
S331 – Creates the offense of malicious injury of a gasoline, natural gas, propane or electric utility – No action taken on this bill. 
Summary of the bill as introduced: Creates the offense of malicious injury of a gasoline, natural gas, propane or electric utility by use of a firearm or destructive device.