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March 31, 2023

The Senate and 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, is Thursday, April 6. The House plans to meet in regular session next week but the Senate will not meet in statewide session next week. 

The last day of the regular session is Thursday, May 11, 2023. If legislators do not complete the budget before the last day, they can pass a resolution to determine when they return to Columbia to complete the budget. 

Hate crimes on the floor of the Senate 
H3014, the Clementa C. Pinckney Hate Crimes Act, was approved by a Senate Judiciary subcommittee and the full Senate Judiciary Committee this week and placed on the Senate calendar for debate. The bill creates additional penalties for people who commit certain crimes when the victim was intentionally selected based on race, color, religion, sex, gender, national origin, sexual orientation, or physical or mental disability. 

The Municipal Association included hate crime legislation in its 2023 – 2024 Advocacy Initiatives.    

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

Squat truck ban approved by a House Committee 
The House Education and Public Works Motor Vehicles subcommittee, along with the full House Education and Public Works Committee approved H3414 in the same day. 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 Senate bill is in the House Education and Public Works Committee. The House version of the bill is on the House calendar for debate. 

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.   
 
Municipal audits in a House Committee 
S31, the bill that allows cities and towns with less than $500,000 in total revenues the option of providing a compilation of financial statements instead of a full audit, was approved and amended by the House Ways and Means General Government subcommittee. It was amended to include language to allow the Comptroller General to grant a 180-day extension for county audits. The bill was further amended in the full committee to decrease the extension to 90 days and shift responsibility from the Comptroller General to the Treasurer. The full committee then adjourned debate on the bill, which means it will remain in the House Ways and Means Committee until the next scheduled meeting. 

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.   

Affordable housing bill gets third reading in the Senate 
S284, the bill that allows state and local accommodations and hospitality taxes to be used for the development of workforce housing was given second reading on Tuesday by the Senate and third reading on Thursday after some debate and several amendments. The amendments include a definition of workforce housing, a fiscal impact analysis requirement, reporting requirements and formation of a statewide land development study committee. 

Next, the bill goes to the House of Representatives for debate. 

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

Tobacco flavoring bill moving in the House 
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 subcommittee and committee meeting in the House Medical, Military, Public and Municipal Affairs Committee this week with a favorable report from both. Next, the bill goes to the House floor 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 prior to 2021 that pertain to ingredients and flavors of tobacco.  

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  
S615 – Creates additional penalties for people who commit crimes when the victim was intentionally selected based on certain factors – favorable report. Later in the day, the full Senate Judiciary Committee carried this bill over. 
Summary of the bill as introduced: Creates additional penalties for people who commit crimes when the victim was intentionally selected based on the victim's race, color, religion, sex, gender, national origin, sexual orientation, or physical or mental disability. 

House Education and Public Works Motor Vehicles subcommittee  
H3359 – Defines the term "utility terrain vehicle" and outlines the registration and operation of these vehicles on highways and streets – favorable report. Later in the day, the House Education and Public Works Committee gave this bill a favorable report. 
Summary of the bill as introduced: Defines the term "utility terrain vehicle" and outlines the registration and operation of these vehicles on highways and streets. 

House Labor, Commerce and Industry Committee 
H3782 – Amends the definition of video service in relation to franchise authority – favorable report as amended. The technical amendment clarifies that a portion of the bill language applies only to the Cable Services Act.  
Summary of the bill as introduced: Amends the definition of video service in relation to franchise authority to include direct to satellite and streaming services. 
H3977 – Allows insurers to post an insurance policy or endorsement on their website – favorable report 
Summary of the bill as introduced: Allows insurers to post an insurance policy or endorsement on their website if certain conditions are met. 
 

House Labor, Commerce and Industry Business and Commerce subcommittee 
H3937 – Enacts the SC Commercial Property Assessed Clean Energy and Resilience Act – adjourned debate 
Summary of the bill as introduced: Establishes the C-PACE program that local governments can voluntarily implement to offer low-cost, long-term financing for qualifying improvements to increase sustainability and decrease energy and water costs. 
 

Senate Judiciary Committee 
S514 – Makes several changes to the current law regarding youth access to tobacco – favorable report as amended. The amendment address penalties for violations and changes the effective date to 90 days after the governor's signature. 
Summary of the bill as introduced: Makes several changes to the current law regarding youth access to tobacco. 
H3209 – Extends certain governmental approvals affecting economic development in the state – favorable report  
Summary of the bill as introduced: Extends certain governmental approvals and permits affecting economic development in the state. 
 

House Labor, Commerce and Industry Real Estate subcommittee 
H4086 – Requires that certain licensees of the Residential Builders Commission be deemed to satisfy certain implied warranties – favorable report as amended. The amendment rewrites the bonding language for residential builders. Later in the week, the full House Labor, Commerce and Industry Committee gave this bill a favorable report as amended by the subcommittee. 
Summary of the bill as introduced: Requires that certain licensees of the Residential Builders Commission be deemed to satisfy certain implied warranties. 
H4115 – Creates the SC Contractor's Licensing Board and applies all changes to current law to apply to counties and municipalities – favorable report as amended. The amendment expands the definition of renovations to include nonstructural renovations and roofing. Later in the week, the full House Labor, Commerce and Industry Committee gave this bill a favorable report as amended by the subcommittee. 
Summary of the bill as introduced: Creates the SC Contractor's Licensing Board and applies all changes to current law to apply to counties and municipalities. 
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 applies the bill’s language to any available water and sewer service, not just municipal water and sewer service. 
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.

Senate Judiciary subcommittee 
S87 – Increases the caps under the Tort Claim Act – carried over 
Summary of the bill as introduced: Increases the caps under the Tort Claims Act from $300,000 to $500,000 per person and from $600,000 to $1 million per occurrence. 
S533 – Includes persons or entities for the purposes of allocation of fault in the SC Contribution Among Tortfeasors Act – carried over 
Summary of the bill as introduced: Includes persons or entities for the purposes of allocation of fault in the SC Contribution Among Tortfeasors Act. 
 

Senate Labor, Commerce and Industry Labor and Employment subcommittee 
S542 – Enacts the SC Commercial Property Assessed Clean Energy and Resilience Act – favorable report as amended. The amendment deletes a section that is no longer needed. 
Summary of the bill as introduced: Establishes the C-PACE program that local governments can voluntarily implement to offer low-cost, long-term financing for qualifying improvements to increase sustainability and decrease energy and water costs.