South Carolina Legislative Update

The South Carolina Legislature is divided into two parts called bodies (The House of Representatives and the Senate) and combined the bodies form the General Assembly.

House of Representatives

• Speaker of the House is Murrell Smith (R – Sumter) since May 12, 2022
• Minority Leader is Todd Rutherford (D- Richland)
  Speaker Pro Tempore – Tommy Pope (R – York)
• 124 seats 
• 2 year terms (next election November 5, 2024)
• Republicans (88); Democrats (36)
• Qualifications: is qualified to vote in state elections; 21 years of age; a resident of the district in which he/she seeks to represents; has not been convicted of or pled guilty to a felony or voter fraud or bribery unless 15 years has elapsed since time was served.
• Prefile dates 11/16 and 12/14

South Carolina Senate

• President of the Senate is Thomas Alexander (R – Oconee) since December 6, 2021
• Minority Leader is Brad Hutto (D – Orangeburg)
• 46 senators
• 4 year terms (next election November 5, 2024)
• Republicans (30); Democrats (15); Independent (1)
• Qualifications: is qualified to vote in state elections; 25 years of age; a resident of the district in which he/she seeks to represents; has not been convicted of or pleaded guilty to a felony or voter fraud or bribery unless 15 years has elapsed since time was served.
• Prefile date 11/30
  

125^th Session of the South Carolina General Assembly – 2nd Regular Session (2024)

• Convened on Tuesday, January 9, 2024 (second Tuesday in January)
• Second year of a two-year session
• Legislation not enacted during the 2023 session will hold its place in the legislative process and carry over to the 2024 session
• Crossover deadline is Wednesday, April 10^th for legislation to pass from one chamber to the other; after this date a 2/3 vote of the receiving chamber is required to consider a bill
• Statutory Sine Die date – Thursday, May 9, 2024 (second Thursday in May) 

Governors FY24-25 Executive Budget (link)

Statewide Income Tax Relief

The Governor and the General Assembly revised individual income tax provisions to lower the individual income tax rate from 7 percent bracket to 6.5 percent in tax year 2022. Further, depending upon General Fund revenue growth, the 6.5 percent rate would be reduced by an additional 0.1 percent per year beginning in tax year 2023 until the rate is lowered to 6 percent. The General Assembly lowered the individual income tax rate from 6.5 to 6.4. The Governor is proposing reducing the individual income tax rate to 6.3 in his Executive Budget.

109.19 (Active First Responder Tax Credit) The Executive Budget recommends adding this new proviso creating a $2,000 income tax credit for tax year 2024 to active sworn law enforcement officers, firefighters and emergency medical technicians. This nonrefundable tax credit will provide a total of $39.5 million in income tax relief for recipients.

S.969 (Tax Deductions for First Responders) by Sens Alexander and Peeler. This bill amends the code relating to deductions from individual taxable income by increasing the subsistence deduction amount from $8 to $16 per day for firefighters, law enforcement and emergency medical service personnel. The bill also increases the volunteer exemption amount from $3000 to $6000 for certain unpaid public servants such as firefighters, law enforcement, rescue squad member, member of a HAZMAT response team, and member of the state guard. Bill was introduced January 17, 2023 and referred to Senate Finance Committee.

Return to Work Provisos 

108.12 (PEBA: COVID-19 Return to Work Extension) For Fiscal Year 2023-24, the earnings limitation imposed pursuant to Section 9-1-1790 and Section 9-11-90 of the 1976 Code does not apply to retired members of the South Carolina Retirement System or the Police Officers Retirement System who return to covered employment to participate in the states public health preparedness and response to the COVID-19 virus. This section is not intended to supersede or conflict with Act 102 of 2021, S. 704 of 2021. In the event of a conflict, the provisions of the Act control. 

108.16 (PEBA: PORS and SCRS Return to Work) For compensation earnings during the current fiscal year, the earnings limitation does not apply if a member of the Police Officer Retirement System has not been engaged to perform services for a participating employer in the system or any other system provided in Title 9 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 twelve consecutive months subsequent to retirement. The exemption provided under this provision does not apply unless the member first certifies to the system that he satisfies the requirements for the exemption. If a member inaccurately certifies that he satisfies the requirements for the exemption provided in this provision, the member is responsible for reimbursing the system for any benefits wrongly paid to the member.

For compensation earnings during the current fiscal year, the earnings limitation does not apply if a member of the South Carolina Retirement System has not been engaged to perform services for a participating employer in the system or any other system provided in Title 9 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 twelve consecutive months subsequent to retirement. The exemption provided under this provision does not apply unless the member first certifies to the system that he satisfies the requirements for the exemption. If a member inaccurately certifies that he satisfies the requirements for the exemption provided in this provision, the member is responsible for reimbursing the system for any benefits wrongly paid to the member.

108.17 (PEBA: PORS Return to Work) The Governor’s budget amends this proviso which allows PORS members who return to work after 12 consecutive months spent not working to maintain their license to perform duties but will be required to meet training and education requirements of the SC Law Enforcement Academy. The Executive Budget recommends updating the language to require the Law Enforcement Training Council to establish guidelines to re-certify officers that have been inactive for a year or longer. 

117.128 (School Resource Officer Critical Needs) This proviso allows retired law enforcement officers to return as School Resource Officers if retired before December 31, 2017. The Governor’s Budget  (School Resource Officer Critical Needs) This proviso allows retired law enforcement officers to return as School Resource Officers. The Executive Budget recommends a date change to increase eligibility.

Fallen First Responder Advocate

62.25 (Fallen First Responder) The Executive Budget recommends adding this new proviso directing the department to dedicate a position for the Fallen First Responder Survivor Advocate. The purpose of the program is to advocate on behalf of the families of law enforcement officers, firefighters, or emergency medical technicians who were public employees or volunteers of municipal, county, or state agencies and who died in the line of duty.

House Bills of Interest

H 3033  (Assault and Battery of Certain Public Servants) – By Pope, Wooten, et.al. Provides enhanced penalty for when a person injures a federal, state or local law enforcement officer, corrections officer, firefighter or EMS worker in the discharge of or because of their duty. Referred to Judiciary.

H 3195 (Department of Corrections Retirees Returning to Work in Critical Needs Areas) By Rep. Wooten. This bill revises the earnings limitation for a retired member of the South Carolina Retirement System upon return to covered employment to provide that this limitation does not apply to retired employees of the Department of Corrections who return to covered employment with the department and work in a critical needs area. Referred to Ways and Means.

H.3247 (Fargo’s and Hyco’s Law) Rep. Collins This bill would stiffen penalties for teasing, harming, maltreating, injuring, or harassing police dogs  and horses as well as increasing penalties for torturing, injuring, mutilating, poisoning, killing a police dog or horse. Referred to Judiciary.

• Teasing, harming, maltreating, injuring, or harassing police dog or horse: Penalty increase: fined not less than $2000 no more than $5000 and not less than thirty days and no more than five years or both. Current law is fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not less than thirty days nor more than six months, or both.
• Torturing, Mutilating, Poisoning, Killing a police dog or horse: Penalty Increase: fined not less than $2000 and not more than $20,000 and sentenced to a term of imprisonment not less than 2 years and not more than 10 years and must pay restitution to the law enforcement department/agency to cover the full cost of restoring animal injured or killed. Current law is  fined not less than two thousand dollars nor more than five thousand dollars and imprisoned not less than one year nor more than five years

H 3272 (Workers’ Compensation) By Pope, Gilliam, Wooten, McCravy, Lawson and Pace. Provides that first responders medically diagnosed with Post-traumatic stress disorder arising from a significant traumatic experience or situation in the course of scope of employment, the first responder has an incapacity to work as determined by the treating physician and the first responder is participating in and receiving clinical care through SCLEAP or SC FAST programs may be eligible for a workers’ compensation claim. Referred to Labor, Commerce and Industry.

H 3273 (Insurance premiums) By Pope, Gilliam, Wooten, McCravy, Lawson and Chapman. Prohibits insurers from considering the work-related driving record of a first responder in determining the premium rate for the first responder’s personal automobile insurance policy. Referred to Labor, Commerce and Industry.

H 3345 (Statewide telecommunications system) By Johnson. Adds 911 dispatcher to definition of first responder and redefines firefighter to a fire department worker directly engaged in examining, treating, or directing persons during an emergency. Referred to Ways and Means.

H 3394 (South Carolina Hands Free Act) By Taylor, West and Chapman. Creates the offense of distracted driving and provides penalties. This section does not apply to first responders while performing official duties. Referred to Judiciary.

H 3413 (Law Enforcement) By Wooten and Pope. Provides the millage rate limitation may be suspended by local governments and the millage rate may be increased to purchase equipment to improve law enforcement, fire rescue, minimum salaries for state and local law enforcement officers and other purposes. Referred to Ways and Means.

H 3421 (Income tax exemption) By Lawson, McCravy, Chapman and Taylor. South Carolina gross income does not include wages earned by a first responder while performing the duties of a first responder. Referred to Ways and Means.

H 3425 (Return to Work) By Pope, Thayer, Gilliam, S. Jones, Wooten, B. Newton, McCravy, Lawson, Leber and Atkinson. Allows PORS members to return to work without an earning limitation if they work in a critical need area or they wait a 12 month period upon retirement before returning to work for a covered employer. Also includes SCRS members to return to work without an earning limitation if they wait the 12 month period. Referred to Ways and Means. H.3425 was passed by the House and sent to the Senate where it was referred to Senate Finance Committee.

H 3521 (Emergency Scene Management) By Long, Lawson, Burns and Chumley. Revises the Definition to Emergency scene management and emergency services personnel definitions to include tow truck operators. Referred to Education and Public Works.

H 3523 (Fallen First Responders Survivor Advocate position created) By McCravy. Creates a position within the Department of Administration to be an ombudsman for fallen law enforcement and first responders families in dealing with health insurance, benefits, etc. Referred to Judiciary.

H 3594 (Constitutional Carry) By B.J. Cox, G.M. Smith, Lowe, Wooten, Hiott, Bailey, Beach, Burns, Caskey, Crawford, Cromer, Elliott, Forrest, Haddon, Hardee, Hixon, Hyde, Jordan, Ligon, Long, Magnuson, May, McCabe, McCravy, A.M. Morgan, T.A. Morgan, T. Moore, B. Newton, Nutt, Oremus, M.M. Smith, S. Jones, Taylor, Thayer, Trantham, Willis, Yow, West, Lawson, Chapman, Chumley, Leber, Mitchell and Pace. Enacting the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2023. Referred to House Judiciary. H.3594 was passed by the House and sent to the Senate where it was referred to the Senate Judiciary. A subcommittee took testimony on constitutional carry Wednesday, April 5, 2023. The bill was passed out favorably. The full committee discussed the bill on Tuesday, April 25 and carried over with request that the subcommittee meet again on the bill. The bill was recalled from committee and placed on the Senate Calendar. The bill is contested by Senator Jackson.

H. 3822  — (First Responders Protection Act) By M. M. Smith, Pace, B. L. Cox, Davis and Chapman. This bill would require an employer to pay certain injured employees on the same basis as before the injury occurred. Referred to Labor, Commerce and Industry. 

H. 4123  — (Earnings Cap Elimination for SROs) Rep. Herbkersman: This bill amends Section 9-11-90, relating to the police officers retirement system earnings limitation, so as to provide that the earnings limitation does not apply to school resource officers. Referred to Committee on Ways and Means.

H4534 (Retirement Tax Deduction) by Rep. Beach – Provides a tax deduction for first responder retirement income. Referred to  Ways and Means.

H4550 (Income Tax Deduction Increase) by Rep. Pedalino et al. This bill increases the income tax deduction from $3000 to $6000 for certain first responder personnel. Referred to  Ways and Means. 

H4566 (First Responders) by Rep. Cox et al. This bill defines county and municipal employees who respond in emergencies as first responders in several sections of law regarding tax deductions. Referred to Ways and Means. 

H4646 (First Responder Communication Act) by Rep M Smith et. al. This bill provides that a public employee may not be prohibited from communicating with an elected public official for any job-related purpose. For purposes of this section, “public employee” means any person providing services for the State of South Carolina, state agencies, counties, municipalities, or subdivisions of such governmental bodies in South Carolina for which compensation is paid. Referred to Medical, Military and Municipal Affairs.

Senate Bills of Interest

S 81 (Workers’ Compensation- PTSD) By Malloy. Provides that a limitation on stress, mental injuries, and mental illness for workers’ compensation does not apply to a first responder (fire and law enforcement) diagnosed with post-traumatic stress disorder. Referred to Judiciary. A subcommittee meeting on S 81 was held on Tuesday, April 4, 2023 and the bill was not reported out. A similar bill S251 which was also on the agenda was reported out favorably.

S 82 (Workers’ Compensation- PTSD coverage for First Responders) By Malloy. Provides that a limitation on stress, mental injuries, and mental illness for workers’ compensation does not apply to a first responder (fire, law enforcement, emts and paramedics) diagnosed with post-traumatic stress disorder. Referred to Judiciary. A subcommittee meeting on S 81 was held on Tuesday, April 4, 2023 and the bill was not reported out. A similar bill S251 which was also on the agenda was reported out favorably.

S 108 (Death Benefit for Line of Duty Death for Law Enforcement) This bill requires an employer who participates in the Preretirement Death Program to pay the beneficiary of a law enforcement officer who is killed in the line of duty a lump sum payment of $75,000. The payment is increased to $150,000 if the officer is killed in the line of duty and the death is a result of an unlawful and intentional act of another person, or the officer is killed while responding to an emergency or other similar incident. The Public Employee Benefit Authority (PEBA) provided an actuarial analysis to determine the potential impact this bill will have on the Police Officers Retirement System (PORS). This will increase the cost of PORS by around 0.02 percent, or $300,000, annually, which the report considers to be a minimal impact to the actuarial accrued liability, and about a 0.02 percent increase in the normal cost rate in PORS. This estimate is based on the actuarial valuation of PORS as of July 1, 2022. The bill was amended on the floor of the Senate to add first responders which is defined as an emergency medical services provider or volunteer provider, a law enforcement officer or volunteer officer who meets the requirements of Section 23-23-10(E)(1) of the Code of Laws and who is certified by the South Carolina Law Enforcement Training Council, a fire department worker or volunteer worker, a coroner, or a deputy coroner directly engaged in examining, treating, or directing persons during an emergency. Payment of benefits will be paid from the State Accident fund. S 108 passed the Senate and was sent to the House of Representatives where it was referred to the Ways and Means Committee. A Ways and Means subcommittee had discussions regarding S108 on Tuesday, April 25, 2023 and passed the bill out favorably. S.108 was discussed by the full Ways and Means committee and was reported out favorably and is on the House calendar. S.108 was passed by the House and sent to the Senate. The Senate non-concurred in the House amendments and a Conference Committee has been appointed Sens. Davis, K. Johnson and Turner and Reps Hyde, Gagnon and Howard. PEBA will cover members covered in the PEBA system and the State Accident Fund will cover those who are not a member of PEBA. The bill was passed out of Conference Committee with an effective date of May 11, 2023 and sent to the House and Senate where is was adopted and ratified on Wednesday, June 14, 2023. The Governor signed S108.

S 109 (Constitutional Carry Act of 2023) By Martin. Enacts the South Carolina Constitutional Carry Act of 2023. Referred to Judiciary and currently on the Senate Calendar.

S 122 (Income tax deduction) By Hembree. Allows a South Carolina income tax deduction of all military retirement or first responder retirement income. Referred to Senate Finance.

S 154 (South Carolina Street Gang and Criminal Enterprise Prevention and Anti-Racketeering Act) By Young and Senn. Enacts the South Carolina Street Gang and Criminal Enterprise Prevention and Anti-Racketeering Act which Referred to Judiciary.

S 157 (South Carolina Hands-free Act) By Young. Creates the offense of distracted driving and provides penalties. This section does not apply to first responders while performing official duties. Referred to Transportation.

S 203 (School Drills) By Fanning. Provides that each semester that all public schools, including charter schools whose instruction is not primarily delivered on line, shall conduct one fire drill, one active shooter/intruder drill and one severe weather/earthquake drill. Referred to Education. The bill was heard by the Full Senate Education Committee Wednesday, February 22, 2023 and passed out favorably as amended (two fire drills per semester for K-5 with the first drill required to be conducted within the first 15 days of the semester).S 203 was passed by the Senate and sent to the House where it was referred to House Education and Public Works.

S 251 (First Responders’ Workers’ Compensation Coverage for PTSD) By M. Johnson, Adams and Gustafson. Provides that first responders medically diagnosed with Post-traumatic stress disorder arising from a significant traumatic experience or situation in the course of scope of employment, the first responder has an incapacity to work as determined by the treating physician and the first responder is participating in and receiving clinical care through SCLEAP or SC FAST programs may be eligible for a workers’ compensation claim. Referred to Judiciary. A subcommittee met on S 251 was held Tuesday, April 4, 2023 where S251 was reported out favorably. S.251 was taken up by the full committee on Tuesday, April 25 and was carried over. 

S 252 (Law Enforcement Personal Privacy Protection Act) By M. Johnson, Adams, Kimbrell and Reichenbach This bill creates the Law Enforcement Personal Privacy Protection Act. This act states any personal identifying information of an active law enforcement officer held or maintained by any state or local governing entity is confidential and must not be disclosed to the public if the officer has filed a formal request with the entity. Information that relates to the personal identifying information of the officer or that reveals whether the individual has family membe rs is deemed confidential. Any government entity that redacts or withholds information under this article must provide the requestor a description of the redacted or withheld information. The bill passed the Senate and was sent to the House of Representatives where it was referred to the Judiciary Committee. The House Judiciary Committee met and reported S.252 out favorably. The House passed favorably and sent to the Senate whereby the Senate concurred in the House amendments and enrolled for ratification and signed by the Governor. The bill goes into effect 7-1-2024 

S 375 (Emergency Scene Management) By Grooms, Verdin and Senn. Provides that a driver shall ensure that his vehicle is kept under control when approaching or passing a motor vehicle stopped on or near the right of way of a street or highway; to provide that a person driving a vehicle approaching a stationary vehicle displaying flashing hazard lights shall slow down, yield the right of way, and maintain a safe speed if changing lanes is unsafe; and to provide penalties. This bill passed the Senate and sent to the House where it was referred to House  Judiciary S.375 was scheduled to be discussed at the Criminal Laws Subcommittee meeting on Wednesday, April 26, 2023. The bill was not discussed due to time constraints.

S 420 (Return to Work) By Rice. Changes the amount for SCRS and PORS members from $10,000 not to exceed the lower of the retirement earnings test as set by the Social Security Administration, the amount for 2020 was $18,240. After the determination of the retirement earnings test exempt amounts is issued by the Social Security Administration for the applicable calendar year, PEBA shall notify individuals subject to the earnings limitation imposed. Referred to Senate Finance.

S 423 (South Carolina Compassionate Care Act) By Herbkersman, Carter, Taylor, Kilmartin and Henegan.

Authorizes use of cannabis for certain debilitating health issues. Traumatic events experienced by firefighters are included. Referred to Senate Medical Affairs. This bill was polled out of Committee and is on the Senate Calendar. Contested by Sens. Garrett, Loftis and Hembree.

S 547 (First Responder Benefits) — Senators Reichenbach, Gambrell, Williams and Verdin.  This bill includes emergency medical technicians in provisions for paying tribute to fallen law enforcement officers and firefighters under which the Governor orders all flags on state buildings to be flown at half-mast on the day of burial or other service for those who have died in the line of duty. The legislation also revises the Preretirement Death Benefit Program under the South Carolina Retirement System and the Police Officers Retirement System to make provisions for a death benefit for emergency medical technicians, firefighters and law enforcement killed in the line of duty. The legislation makes provisions for a first responder retirement income deduction. The legislation revises provisions relating to general exemption from taxes to provide that a qualified surviving spouse also means certain surviving spouses of emergency medical technicians. The legislation expands eligibility for waived tuition at state-supported colleges or universities and vocational or technical schools to include the children of emergency medical technicians who become totally disabled or are killed in the line of duty.  Finance.