House Floor Actions
May 4, 2023
S. 418 Status: Read third time and returned to Senate with amendments (5/4/2023)
The House amended S. 418 and sent it back to the Senate. The bill:
• Defines “Science of Reading,” “Foundational Literacy Skills,” Structured Literacy,” and
“Literacy.”
• Requires SDE to ensure that the requirements of Read to Succeed are followed instead of
statutorily naming an office within the department to perform the duties.
• Removes references to “evidence-based” instruction in favor of “scientifically based.”
• Focuses Read to Succeed efforts to grades pre-K to five instead of pre-K through twelve.
Efforts are also placed in middle schools where 50 percent or more of students score at the
lowest achievement level on the state assessment.
• Prohibits curriculum or instructional materials that use the three-cueing system model of
reading and visual memory as the basis for teaching word recognition.
• Teachers certified in early childhood, elementary, or special education must complete
coursework in foundational literacy skills, structured literacy, and the science of reading or
successfully complete the scientifically research-based reading instruction assessment
approved by the board. Classroom teachers must receive pre-service and in-service
coursework in foundational literacy skills, structured literacy, and the science of reading.
• Beginning September 1, 2024, early childhood, elementary, and special education teacher
candidates seeking initial certification must pass a rigorous test of scientifically researchbased reading instruction and intervention and data-based decision-making principles.
Colleges must report the success rate of teacher candidates who take the assessment.
• Teachers, administrators, and other certified staff must earn a literacy endorsement to
maintain certification unless they are not educating or serving students in a school or other
educational setting. Districts must offer professional development, coursework,
certification, and endorsements at no charge. Teachers may exempt having to take the
literacy endorsement courses if they pass the same literacy assessment given to pre-service
educators.
• Districts must show how reading and writing assessments and instruction for all PK-5
students align to the science of reading, structured literacy, and foundational literacy skills
and document how interventions are provided to readers who fail to show reading
proficiency. Supplemental instruction shall be provided by teachers who have a literacy
endorsement and offered during the school day and, as appropriate, before or after school.
• Universal screeners for students that measure early language and literacy development,
mathematical thinking, physical well-being, and social-emotional development are to be
replaced with screeners that measure only language and literacy. The screener must be
aligned with first and second-grade standards for English/language arts.
• “Substantially Fails to Demonstrate Third-Grade Reading Proficiency” means a student who
does not demonstrate reading proficiency at the end of the third grade as indicated by
scoring Does Not Meet Expectations. Current law sets that at a level equivalent to “Not Met
1” on the Palmetto Assessment of State Standards. Districts must report the number of first
and second-grade students who are projected to score “Does Not Meet” on the statewide
assessment.
Students scoring “Substantially Fails” could no longer be promoted based solely on a
reading portfolio; however, district superintendents may allow advancement if the teacher
submits documentation showing reading proficiency.
• Students in kindergarten through grade two who do not demonstrate reading proficiency
must be given additional support in foundational literacy skills. Interventions must be at
least thirty minutes daily in duration and be in addition to the minimum of ninety minutes
of daily reading and writing instruction.
• Summer reading camps must be open to all students in kindergarten through third grade
who do not exhibit grade-level reading proficiency. Students at any grade who do not
exhibit reading proficiency and do not meet the good cause exemption may be included in
the camps.
Fender Height Differential (“the Squat”)
S. 363 Status: The Sen. concurred in the House amendment and enrolled for ratification (5/4/2023)
The House amended S. 363, the Senate subsequently accepted the House amendment
regarding the definition of a fender, and the bill was enrolled for ratification. This bill will
prohibit motor vehicle modifications that result in the motor vehicle’s front fender being raised
four or more inches above the height of the rear fender.
Certified Athlete Agents
H. 3501 Status: Referred to Senate Committee on Education (5/3/2023)
H. 3501 establishes “certified athlete agents.” This bill, which passed the House and was sent
to the Senate, relates to acts of athlete agents, so as to provide that certified athlete agents
may pay certain expenses incurred before the signing of agency contracts by student-athletes
and others.
Vehicle Dealers/DMV Update
S. 549 Status: Read third time and returned to Senate with amendments (5/5/2023)
S. 549, an omnibus bill relating to the DMV and licenses, passed the House and was sent to the
Senate. The bill proposes numerous changes related to driver’s license reinstatement fees and
vehicle insurance requirements. The bill suggests extending the validity of driver’s licenses
issued under the reinstatement fee payment program by an additional six months. It also aims
to revise the amount of reinstatement fees owed by persons to become eligible for these
licenses, as well as the distribution of administrative fees collected.
Additionally, the Department of Motor Vehicles would be authorized to provide fee schedules
and online payment options for persons participating in the program. The types of driver’s
license suspensions covered by this section would be revised, as well as the frequency and
conditions for future participation. The bill also proposes changes to the requirements for vehicle insurance. It suggests revising the period of time for surrendering motor vehicle license
plates and registration certificates for certain uninsured motor vehicles. The provision giving
the Department of Motor Vehicles discretion to authorize insurers to utilize alternate methods
of providing certain notices to the department would be deleted. Certain persons would be
allowed to provide certain documents to show the suspension was issued in error rather than
appealing certain suspensions to the Department of Insurance. Regarding fines for lapses in
required motor vehicle insurance coverage: the proposed amendment limits the fines to a
maximum of $200 per vehicle for a first offense. Regarding Title 56, Chapter 10, Article 5: this article had currently established the uninsured motorist fund and provides for the collection of fees from uninsured drivers. The proposed amendment deletes these provisions and instead regulates the operation of uninsured motor
vehicles. It also makes technical changes and revises the amount of the motor vehicle
reinstatement fee, which will increase annually. Additionally, it allows for suspended licenses,
registration certificates, license plates, and decals to be returned to the Department of Motor
Vehicles by electronic means or in person. Finally, it eliminates the requirement for the
Department of Motor Vehicles to collect statistics regarding various motor vehicle registration,
insurance, and uninsured motorist fund issues.
Amendment to Section 56-9-20: This section provides definitions for the Motor Vehicle
Financial Responsibility Act. The proposed amendment revises a reference in the definition of
“uninsured motor vehicle.”
Amendment to Section 56-3-210: This section establishes the time period for procuring motor
vehicle registration and license, temporary license plates, and transfer of license plates. The
proposed amendment revises the requirement for a temporary license plate and specifies who
may distribute temporary license plates.
There are other changes relate to motor vehicles and dealers. These changes address issues
such as temporary license plates, special permits for certain vehicles, the issuance of dealer
licenses, bond amounts required, penalties for unauthorized sales, and grounds for denial,
suspension, or revocation of licenses. Additionally, the text proposes the establishment of a
motor vehicle performance evaluation system and a quality assurance program to ensure the
integrity of the electronic registration and titling program. The changes also include provisions
for vendor fees, convenience fees, and transaction fees when receiving payment by credit card.
Other proposed amendments seek to provide a cure period for certain complaints from
consumers and to allow business operations on property adjacent to or within sight of the
licensee’s bona fide established place of business.
The amendments include changes to bond requirements, the recovery of back taxes and fees,
and the continuation of business in the event of a licensee’s death. Additionally, the
amendments propose changes to the requirements for a dealer’s maintenance of a bona fide
established place of business, allowing for adjacent property use.
Further, the amendments propose revisions to the reasons the Department of Motor Vehicles
may deny, suspend, or revoke a license. Finally, the amendments propose changes to the
procedure for titling and registering a vehicle in relation to voluntary transfer and dealer
purchasing vehicles for resale.
Driver training schools are currently required to pay an annual licensing fee of $50 to DMV. The
bill changes this to a licensing period of four years with a corresponding fee of $200. The
Committee added that the term “defensive driving course” is changed to “driver training
course.” The classroom portion of driver training may be done in-person, virtually, or by
remote online methods. There is to be a final examination at the completion of the program. A
passing score of at least eighty percent is required and students have three attempts at passing.
Existing law provides that no one can receive a driver’s license unless and until all other
operator’s licenses are surrendered to the Department of Motor Vehicles. The bill adds a
deadline of forty-five days upon a person becoming a resident of the State unless specifically
exempted by law.
The vision screening required to obtain a driver’s license can be waived if a driver has a
certificate of vision examination dated within the previous twelve months. The bill changes this
time period to thirty-six months. Additionally, active-duty members of the Armed Services are
exempt from the requirements of this section as long as they provide DMV with a Leave and
Earning Statement dated within thirty-one days of applying for, or renewing, their driver’s
license and a non-expired military identification card.
Educator Assistance Act
H. 4280Status: Referred to Sen. Committee on Education (5/4/2023)
The House approved H. 4280, the “Educator Assistance Act,” and sent it to the Senate.
Professional certificates issued by the State Board of Education will be permanent unless
revoked or suspended and are not subject to renewal. Additionally, it specifies that no teacher
may be required to renew a professional certificate issued by the board. The bill proposes
authorizing the use of data collected under current procedures to report on certain
postsecondary matters concerning graduates of South Carolina public schools. This section also
requires the streamlining of data collection timelines and processes. The bill allows contract
acceptances submitted before the statutory notification deadline to be withdrawn by
submission of written notice to the school district within ten days after publication of the
school district salary schedule for the upcoming school year. It also prohibits school districts
from reporting such withdrawals as a breach of contract. It also revises the penalties for breach
of contract resulting from the unauthorized execution of an employment contract with another
district, revises the period for educator certificate suspension due to breach of contract, and to
make such revocations discretionary. Last, the bill proposes the repeal of certain reporting
requirements to the Superintendent of Education and the tabulation of reports.
Sunscreen in Schools
S. 256 Status: House read third time and enrolled for ratification (5/3/2023)
The House adopted and enrolled for ratification, S. 256, regarding sunscreen in schools. It
would allow public schools to permit students to possess and use certain types of sunscreens
on school property and at school-sponsored events, provided they have written parental
consent.
A Towing Truck With A Fifth Wheel Assembly
H. 3355Status: Referred to Sen. Committee on Transportation (5/3/2023)
The House approved and sent to the Senate, H. 3355, a bill that would provide that a towing
truck with a fifth wheel assembly may tow one additional vehicle. It also sets a maximum
length for this combination of vehicles, provides the maximum weight for the final trailing
vehicle, and provides a truck operating a towing combination must include a video system
which allows the driver to monitor the final trailing vehicle as it is being towed and be equipped
with certain safety devices.
Grain And Cotton Producers Guaranty Fund
S. 603 Status: House read third time and enrolled for ratification (5/3/2023)
The House gave third reading and enrolled for ratificationS. 603. S. 603 is a bill pertaining to the
South Carolina Grain and Cotton Producers Guaranty Fund. Current law states that if there is an
insufficient amount of money in the fund to cover all claims, payments must be made on a pro
rata basis. This bill adds that the pro rata determination shall be based upon the producer’s total
loss amount as well as the total number of exemptions granted to the producer. The more
exemptions granted to a producer, the lower the share the producer will receive. The bill also
allows for a producer to opt out of the program. This bill also adds cotton producers to the grain
producers who may receive an exemption from participating in the fund.
Disability Lifetime Hunting and Fishing License
S. 101 Status: Read third time and enrolled for ratification (5/3/2023)
Currently, state law allows disabled residents three-year disability combination license or a
three-year disability fishing license at no cost. The House gave third reading and enrolled S. 101
for ratification. It adds that a disabled resident, who is certified to be legally blind, may be
issued a lifetime hunting and fishing license at no cost. In addition, this license requires no
disability recertification or renewal.
Transportation of Live Swine
S. 449 Status: House read third time and enrolled for ratification (5/3/2023)
The House gave third reading and enrolled for ratification.
S. 449 is legislation that repeals the January 2024 sunset date for the ban on the transportation
of live swine without identification. As a result, temporary state law with this sunset date,
making it illegal to transport live swine without identification, would become permanent law
instead.
Rural Infrastructure Authority (RIA)
H. 3075Status: Referred to Sen. Committee on Finance (5/4/2023)
The House approved the Committee amendment, gave a third reading, and sent to the Senate H.
3075, a cleanup bill that updates and clarifies the role and responsibilities of the SC Rural
Infrastructure Authority (RIA). As a result of the 2019 Legislative Oversight Review, the bill
removes references to an obsolete funding program that was under the SC Budget and Control
Board now transferred to RIA along with its duties and responsibilities. In addition, the bill
updates the definition of a rural infrastructure project as well as updates terminology and
removes outdated accounting requirements language. These updates reflect what is currently
being implemented under the RIA.
South Carolina Poultry Festival
H. 3960Status: Referred to Committee on Family and Veterans’ Services, but recalled and placed on
the Senate calendar (5/4/2023)
The House gave third reading and sent to the Senate H. 3960, legislation that designates the
South Carolina Poultry Festival in Lexington County as the official State Poultry Festival.
The Retail Sale of White-Tailed Deer Organ Meat
H. 3993Status: Referred to Sen. Committee on Fish, Game and Forestry (5/4/2023)
The House gave third reading and sent to the Senate H. 3993. Currently, it is illegal to sell animal
parts. As a result, the bill provides for an exemption for the retail sale of white-tailed deer organ
meat, packaged as pet treats, by official establishments certified by the State Livestock-Poultry
Health Division, Clemson University, or USDA. The product must be registered by the South
Carolina Department of Agriculture.
Privacy Of Landowners Addresses Regarding Endangered Species
H. 4047Status: Referred to Sen. Committee on Fish, Game and Forestry (5/4/2023)
The House gave third reading and sent to the Senate H. 4047, a bill that outlines that the
Department of Natural Resources cannot release records of landowners addresses when the
occurrence of a rare, threatened, endangered plant or animal species is located on such
property.
Certificate of Need (CON)
S. 164 Status: Concurred in House amendment and enrolled for ratification (5/3/2023)
The Senate concurred with House amendments and enrolled for ratification on S. 164, a bill
that eliminates the requirement of obtaining a Certificate of Need (CON) from the
Department of Health and Environmental Control (DHEC), with the exception of new hospitals,
expansion of beds, and nursing homes. As a result, the bill includes the sunset date of January
1, 2027 for new hospitals and expansion of hospital beds, at which time, the certificate of need
requirement will be for nursing homes only. Until the sunset date, the bill requires a certificate
of need for new hospital construction or if there is a change in the existing bed complement of
a hospital through the addition or classification of one or more beds. The bill states that in
order to be licensed by DHEC, a hospital is prohibited from using economic criteria unrelated to
quality of care or professional competency in determining an individual’s qualifications for
initial or continuing hospital medical staff membership or privileges. The bill provides for
exemptions which are the relocation of a hospital in the same county, the acquisition of a
hospital, Crisis Stabilization Unit Facilities, and the construction of a new hospital in a county
currently without a hospital. The bill also states that the Medical University of South Carolina
(MUSC) must go before the Joint Bond Review Committee prior to receiving licensure. The bill
significantly reduces the timing of the appeals process and allows appeals directly to the SC
Supreme Court from the Administrative Law Court.
The bill creates a Certificate of Need Study Committee to examine the effect of repealing the
Certificate of Need on the quality and quantity of access to healthcare in rural areas. The study
committee shall be composed of six members to include three members of the Senate, as
appointed by the President of the Senate, and three members of the House of Representatives,
as appointed by the Speaker of the House. The study committee shall consult with a non-voting
advisory board as needed. The non-voting advisory board shall include one representative from
the South Carolina Hospital Association, the South Carolina Medical Association, the
Department of Health and Environmental Control, and the Department of Health and Human
Services. The study committee shall provide a report to the General Assembly of its findings and
recommendations by January 1, 2024, at which time, the study committee shall dissolve.
Compounding Pharmacies
H. 3592Status: Read third time and sent to Senate (5/5/2023)
The House approved the committee amendment, gave second reading, and gave unanimous
consent for third reading to H. 3592, a bill that updates the “Pharmacy Practice Act” by
removing certain definitions related to the compounding of medications and revises
requirements for compounding pharmacies. The bill charges the Board of Pharmacy with
developing regulations based on a review of available compendia literature, medical or
scientific literature, and/or practical experience in the art of compounding. Until regulations are
promulgated by the Board of Pharmacy, compounding pharmacies shall comply with the
compounding standards in the state.
Telehealth and Telemedicine Modernization Act
H. 4159Status: Read third time and sent to Senate (5/5/2023)
The House approved the committee amendment, gave second reading, and ordered a third
reading for H. 4159 a bill that expands telehealth to all licensed practitioners by enacting the
“South Carolina Telehealth and Telemedicine Modernization Act.” Among many things, the
bill provides requirements for regulated health care professionals who provide healthcare by
means of telehealth. The bill updates the act to remove the in-person requirement. It states
health care professionals shall adhere to the same standard of care as required for in-person
care and must be evaluated according to the standard of care applicable to the licensee’s area
of specialty. The bill introduces a revised definition of “telehealth” which means the use of
electronic communications, information technology, or other means to deliver clinical health
care, patient and professional health-related education, public health, or health administration
between a licensee in one location and a patient in another location. The bill outlines that
licensees need not reside or maintain a physical office to practice telehealth. The bill also makes
changes for prescribing medications based on physician-patient relationships established solely
by telemedicine.
Neonatal Testing
S. 394 Status: Read third time and enrolled for ratification (5/5/2023)
The House approved the committee amendment, gave second reading, and ordered third
reading to S. 394 and subsequently enrolled the bill for ratification , a bill that provides for
additional testing as well as the notification of a child’s primary provider and a qualified
pediatric specialist when dealing with the results of abnormal neonatal testing.
Fort Gordon
H. 3934Status: Read third time and sent to Senate (5/5/2023)
The House approved the committee amendment, gave a second reading, and ordered third
reading to H. 3934, a bill adding Fort Gordon to the definition of Federal Military Installations.
The bill also updates name changes for certain bases currently on the list.
Confidentiality Regarding Execution Team and Associated Information
S. 120 Status: Concurred in House amendment and enrolled for ratification (5/4/2023)
The Senate concurred in the House amendments and enrolled the bill for ratification, S. 120,
legislation to keep confidential all execution team member identities as well as lethal injection
drugs and related materials information. This bill would protect personal and other identifying
information about any person, or entity, participating in the planning or administration of death
sentence executions. This protected information would include, but not be limited to, names,
social security numbers, birth dates, addresses, telephone numbers, social media information,
and usernames. Also, to be protected would be information related to pharmacists, other
healthcare professionals, and providers of lethal injection drugs for executions.
As passed, no General Assembly member, family member of a General Assembly member, or
any business in which they hold a controlling interest as an owner, director, officer, or majority
shareholder with voting rights or control over that business’s financial decisions, would be
allowed to provide drugs, medical supplies, or medical equipment to be used for these
executions. Also as passed, the confidential information set out above could not be obtained by
any means of legal compulsion, including, but not limited to, subpoenas, discovery rules, rules
of civil procedure, or other disclosure processes by any entity that exercises the sovereign
powers of South Carolina. The state Comptroller General, Treasurer, and Department of
Corrections would have to coordinate on developing a system to keep all related purchases and
expenditures in a deidentified status. The Department of Corrections would have to comply
with all federal regulations applicable to bringing execution drugs into South Carolina. Anyone
revealing this confidential information, including information about execution team members
or their families, would be facing up to three years in jail for doing so.
Uniform Child Abduction Prevention Act
H. 3220Status: Referred to Sen. Committee on Judiciary (5/4/2023)
The “Uniform Child Abduction Prevention Act,” H. 3220, has been sent to the Senate for its
consideration. This proposed legislation was developed by the national Uniform Law
Commission. It sets out comprehensive criteria for determining a credible threat to a child’s
safety or likelihood of abduction in either child custody or visitation situations. It also sets out
countermeasures to these attempts in great detail. These criteria would be available to judges
and parties in these cases to evaluate the seriousness of children’s situations and take proactive
steps to prevent these incidents from occurring.
Lottery Participant Personal Information Protections
H. 3872Status: Read third time and sent to the Senate (5/5/2023)
The South Carolina Education Lottery participant personal information protections, H. 3872,
was given a third reading and sent to the Senate for debate and deliberations. It would
continue to protect, as confidential, a lottery participant’s name, address, telephone number,
birth date, Social Security number, and form of identification they gave to the commission.
Public information would be limited to the date of the claim and draw, the game played, the
prize amount, and location of the retailer that sold the ticket.
Prohibition Of Telecommunication Devices For Inmates
S. 4002 Status: Read third time and sent to the Senate (5/5/2023)
The House amended, and sent to the Senate, H. 4002 regarding the prohibition of
telecommunication devices for inmates. Absent preapproval by the Department of Corrections
Director, under this proposal, no inmate could possess any telecommunications device,
including but not limited to portable two-way pagers, handheld radios, cellular telephones,
personal digital assistants, or laptop computers, while incarcerated. If these contraband device
bans are violated, violators face penalties ranging from one to five years in jail depending on
the number of the offense. If they are found to have been used in the commission of a
subsequent felony, violators would face up to an additional ten years in jail.
Antisemitism
H. 4042Status: Referred to Committee on Senate Judiciary (5/4/2023)
The Senate has also received H. 4042, which would codify antisemitism as a listed
discriminatory act. As proposed, this bill would incorporate the International Holocaust
Remembrance Alliance definition and examples of antisemitism into the South Carolina Code of
Laws. After that is finalized, incidents of this type of discrimination could be included in efforts
to protect South Carolinians’ civil rights, as well as for reviewing policies, laws, and regulations
prohibiting discriminatory acts to include acts of antisemitism. However, anyone criticizing the
country of Israel in the same manner as they criticize other countries, or otherwise exercising
their constitutionally guaranteed First Amendment rights, would not run afoul of this proposed
legislation.
Interlock Ignition Devices
S. 36 Status: Read third time and returned to Senate with amendments (5/5/2023)
The House has amended and sent back to the Senate S. 36 proposed legislation expanding the
scope of using interlock ignition devices in motor vehicles for minors whose licenses have been
suspended for having a measurable amount of alcohol in their systems, for drivers issued a
temporary alcohol license, or for habitual offenders seeking reinstatement of their drivers’
licenses. As amended by the House, anyone issued a temporary alcohol license would have to
install these devices in the motor vehicle they will drive using that license. However, anyone
registering an alcohol concentration of 0.00 one hundredths of one per cent could not be
required to install a device. In cases where the license suspensions are contested, these devices
could not be required to be installed until the suspension is upheld after a hearing has been
conducted.
Watercraft Safety Certification
S. 96 Status: Read third time and returned to Senate with amendments (5/3/2023)
The House has amended and sent back to the Senate S. 96, a bill allowing minors aged 16 and
younger to go jet skiing after obtaining safety certification. It would prohibit any minor from
operating a ‘personal watercraft,’ jet ski, or other specialty prop-craft, less than 16 feet long,
along with other specifications set out in this bill, until they have successfully completed a SC
Department of Natural Resources (SC DNR) approved boating safety education class. Exceptions
to these requirements include riding with someone 18 years or older who has a boating
operation certification or other licensure from the United States Coast Guard, someone
operating a personal watercraft while hunting or fishing, or when an operator is heading out to
lawfully hunt or fish.
Malicious Damage to Utility Systems and Infrastructure
S. 330 Status: Read third time and returned to Senate with amendments (5/5/2023)
The House also amended, and returned to the Senate, S. 330, malicious damage to electric,
telephone, or telegraph utility systems and infrastructure. After national incidents of damage
to these installations, this legislation would put in place a graduated, tier system of
punishments that enhances those set out in our existing criminal code.
Trafficking or Distributing Fentanyl
H. 3503Status: Referred to Committee on Judiciary (2/2/2023); Referred to Subcommittee: Hutto
(ch), Matthews, Rice, Senn, Adams (5/3/2023)
This bill was amended during debate also to include all of the language from H. 3503, sent to
the Senate in February, covering enhanced criminal penalties for trafficking or distributing
fentanyl, or fentanyl-related substances. Anyone possessing over four grams of these
substances would trigger these new criminal enforcement penalties.
First time offenders with four grams or more, but less than 14 grams, of these substances
would face mandatory minimum jailtime sentences of 10 years, and maximum incarceration for
25 years. A fine of $50,000 would also be levied. Second and subsequent offenders trafficking
these amounts potentially face a minimum of 25 years in jail and a fine of $100,000.
Second or subsequent, offenders with 14, but less than 28, grams of these substances would
face a minimum 25 years in jail and a fine of $100,000. Subsequent offenders with 28, or more,
grams would face a minimum of 25 years in jail and up to a maximum of 40 years incarcerated
once convicted. All these categories of subsequent offenders also would be fined $200,000.
No part of any of these listed sentences or fines could be suspended by a judge. Judges also
could not put these offenders on probation.
Legal Guardianships With Supplemental Benefits
S. 380 Status: Read third time and enrolled for ratification (5/4/2023)
The House passed enrolled for ratification, S. 380, legal guardianships with supplemental
benefits. In cases where adoption or other permanent placement of a minor with another
family simply will not work, this pending legislation would allow, among other things,
permanent legal guardianships to be established. Procedures for obtaining an appropriate court
order in these cases are set out. Also in the bill are the responsibilities these legal guardians —
that can include fictive kin– would assume upon being so appointed. A monetary fund would
be established and administered by SC Department of Social Services (SC DSS) to pay benefits
to these legal guardians. This legislation would put South Carolina in tandem with similar
federal legislation and programs, entitling SC DSS to qualify for federal funding for these
placements, where appropriate.
Craft Beer Economic Development Act
S. 566 Status: Read third time and enrolled for ratification (5/5/2023)
The House adopted S. 566, the “South Carolina Craft Beer Economic Development Act” and
enrolled it for ratification. Among other things, it will allow craft breweries to sell up to 2,000
barrels of beer each year. In addition, no tour would be necessary before selling its beer to
customers. Three cases, up from the past limit of two cases of craft beer could be sold to each
customer at these breweries, for off-premises consumption. As a final feature of this pending
legislation, these breweries would be able to transfer their product to another location they
own and not incur state or local distribution or wholesale fees or costs for doing so.
Abuse and Neglect Case Investigations
S. 612 Status: Read third time and enrolled for ratification (5/5/2023)
The House passed and enrolled for ratification S. 612 legislation to establish a tiered system
and statutory guidelines for SC DSS abuse and neglect case investigations and reporting. As
passed, SC DSS will have to prepare annual reports showing all cases not resolved within
statutory timeframes, and explain why they were not timely resolved, along with providing
other specified information about them.
Privacy for Judges and Law Enforcement Officers and Officials
S. 252 Status: Read third time and returned to Senate with amendments (5/5/2023)
The House amended and returned to the Senate S. 252 legislation allowing judges and law
enforcement officers and officials to file an appropriate form with supporting documents and
request their personal information, including home addresses and cell phone numbers be kept
confidentially in all state records. If enacted, this proposed legislation would become effective
July 1, 2024.
Extending Election Protest Deadlines
S. 92 Status: Read third time and enrolled for ratification (5/5/2023)
S. 92, a bill to allow extending election protest deadlines past legal holidays has passed both
chambers and is being enrolled for ratification. If enacted, this proposed legislation would
extend election protest deadline dates past any interceding legal holidays.
Certifying Electoral College Electors
S. 405 Status: Read third time and enrolled for ratification (5/5/2023)
S. 405, a bill proposing revisions for certifying electoral college electors, passed the House and
was enrolled for ratification. This bill requires the Governor to transmit to the Archivist of the
United States a certificate of ascertainment of appointment of electors at least six days before
the meeting of the electors. It also changes the timing for electors to meet from the first
Monday –to the first Tuesday– after the second Wednesday in December following their
appointment. It further revises the manner of disposition of certificates of ascertainment of
appointment of electors. Currently, two certificates of ascertainment must be delivered to the
South Carolina Secretary of State. This requirement would be deleted. Instead, two sets of
certificates would be sent to the State Election Commission Executive Director. One of these
certificates would be preserved by the Executive Director for one year and would remain open
to the public for inspection during normal business hours.
Continuing Resolution (Appropriations)
H. 4299Status: Introduced, read first time, placed on calendar without reference (5/4/2023)
The House approved and sent the Senate H. 4299 a continuing resolution for funding state
government operations. Should the upcoming 2023-2024 state fiscal year begin with no annual
general appropriations act in effect, this joint resolution provides authority for continuing to
pay the recurring expenses of state government at the current funding levels approved in Act
239 of 2022, the appropriation act for Fiscal Year 2022-2023.
Structured Settlements
S. 259 Status: Read third time and enrolled for ratification (5/5/2023)
The House approved S. 259 and enrolled the bill for ratification — a bill revising the Structured
Settlement Protection Act to provide additional consumer protections relating to the transfer
of structured settlement payment rights. The legislation requires registration with the
Secretary of State to do business as a structured settlement purchase company in order for
someone to act as a transferee, attempt to acquire structured settlement payment rights
through a transfer from a payee who resides in South Carolina, or file a structured settlement
transfer proceeding. The legislation establishes provisions governing the conduct of registered
structured settlement purchase companies and establishes penalties for violations. New
disclosure and notification requirements are included. Courts are authorized to appoint an
attorney to serve as a guardian ad litem to make an independent assessment, and to advise the
court whether a proposed transfer is in the best interest of the payee. The legislation requires
the court to take into consideration a list of factors, in addition to consideration of the welfare
and support of the payee and any dependents, when determining whether a proposed transfer
is in the best interest of the payee. The final court order must expressly state that these
enumerated factors have been considered, and, if the court approves the transfer of payment
rights, the order must state that the court finds that it is in the best interest of the payee.
Department of Insurance procedures
S. 500 Status: Read third time and enrolled for ratification (5/5/2023)
The House approved S. 500, a bill making updates and revisions to Department of Insurance
procedures, and enrolled the legislation for ratification. The legislation revises numerous
insurance provisions including those relating to: grant criteria in the South Carolina Hurricane
Damage Mitigation Program; authority for the Director of the Department of Insurance to
provide information regarding factors that may affect premium rates; required notice to the
director by the insurer relating to withdrawing from the market; authority for the director or his
designee to make available information that affects private passenger premium rates under
provisions relating to the publication of representative sample premiums, and, provisions for
commercial motor vehicle liability surplus lines insurance.
Pharmacy Benefits and Services
S. 520 Status: Read third time and returned to Senate with amendments (5/5/2023)
The House returned S. 520 a bill addressing pharmacy benefits and services, to the Senate with
amendments. The legislation expands the rights and duties of pharmacies during audits and
revises duties of pharmacy benefits managers. The legislation makes provisions for pharmacy
services administrative organizations who contract with pharmacy clients in the state to
conduct business on their behalf with third‑party payers or pharmacy benefits managers.
PSAOs provide administrative services to pharmacies and negotiate and enter into contracts
with third‑party payers or pharmacy benefits managers on behalf of pharmacies. The legislation
includes regulatory oversight and management provisions for pharmacy benefits managers and
pharmacy services administrative organizations. A three-tiered prescription drug classification
system is established as a means of encouraging competition to drive down costs of
prescription drugs.
Residential Builders
H. 4086Status: Read third time and sent to Senate (5/5/2023)
The House amended, approved, and sent the Senate H. 4086, a bill making revisions relating to
the licensure and regulation of residential builders. The South Carolina Residential Builders
Commission is charged with instituting a new tiered system for residential builders licenses.
New applicants for licensure and registration are required to supply a criminal background
report from an accredited agency or state/government entity that covers the states where they
have resided for the last ten years. The legislation makes provisions for residential trade
registrants as independent contractors who contract with a licensed residential builders,
licensed general contractors, or individual property owners to do construction work, repairs,
improvements, or reimprovements that require special skills and involve the use of specialized
construction trades or crafts that are not tested for licensure under the residential builders
chapter, when the undertakings exceed $500 and are not regulated by the contractor
provisions of Chapter 11. The legislation establishes conditions for using unlicensed workers
under supervision. As a means of bringing down home inspection costs, the legislation provides
a mechanism that allows someone exempted from these licensure provisions to engage in the
business of home inspection by registering with the commission and paying a fee to the
commission of not more than the cost of registering the individual as a home inspector. As a
means of enhancing protection for consumers, the legislation provides for more expansive
requirements for obtaining surety bonds that apply when undertaking projects in excess of
$500.