The General Assembly met in a Joint Session this week for the election of judges. Numerous subcommittees and committees met to advance bills, including several major priorities of school choice, energy security and restructuring the state’s behavioral health agencies.

Agribusiness

On Tuesday, by a unanimous vote, the Senate adopted S. 103 (Senator Climer), which would make it unlawful to label any cell-cultivated food product as beef, poultry, fish or any other meat that a cultivated food product may resemble for the purposes of manufacturing, selling, or holding or offering for sale in this state. The bill received third and final reading on Wednesday and now goes to the House for consideration.

Yesterday, a Senate Finance subcommittee adopted S. 264 (Senators Peeler, Climer, Ott, Johnson and Kimbrell), providing certain agricultural property may not be annexed by a municipality without express written agreement by the owner. The bill now goes to the full committee for consideration.

On Tuesday, the Environmental Affairs Subcommittee of the House Agriculture, Natural Resources and Environmental Affairs Committee adopted H. 3814 (Rep. Hixon), a Joint Resolution relating to the Surface Water Study Committee. The resolution expands its scope to include a study of the current state of groundwater and other topics, and changes the date that the study committee reports to the General Assembly from March 1, 2025, to March 2, 2026. The resolution now goes to the full committee for consideration.

Appointment

Following a unanimous confirmation vote by the Senate on Wednesday, Tom Mullikin was sworn in as the next director of the Department of Natural Resources (DNR). Mullikin served as chairman of the South Carolina Floodwater Commission and is a seasoned environmental attorney who has studied environmental issues worldwide. In addition, he has a joint appointment as a research professor at the University of South Carolina and Coastal Carolina University’s School of Coastal Environment. An avid outdoorsman, he has logged certified scuba dives in every ocean on Earth and has summited more than 20 mountains, including peaks on every continent. In addition to his environmental and outdoor experiences, Mullikin is a heavily decorated retired senior military officer, having served with the U.S. Army Judge Advocate General Corps, U.S. Army Reserve, where he was the international legal officer and assistant staff judge advocate attached to an element of the U.S. Army Special Operations Command. Mullikin retired as major general/commander of the S.C. State Guard.

Yesterday, a Senate Corrections & Penology subcommittee confirmed the governor’s appointment of Mr. Jake Gadsden, Jr. as Director of the Department of Probation, Parole and Pardon Services. The appointment now goes to the full committee for consideration.

Automotive

A House Judiciary subcommittee adopted H. 3276 (Reps. Pope, Robbins, Chapman, W. Newton and others) yesterday, enacting the “South Carolina Hands-Free and Distracted Driving Act”. The bill, which has been introduced annually for a number of years, would make it unlawful to hold a cell phone while driving, creates the offense of distracted driving and provides penalties. South Carolina risks losing a portion of its designated federal highway funds if it fails to enact such a law. The bill now goes to the full Judiciary Committee for consideration.

Budget

As the House Ways and Means budget subcommittees are finalizing their work prior to full committee debate, the Senate Finance budget subcommittees began hearing agency budget requests this week. Agencies appearing before the House this week included the Department of Administration, the Department of Environmental Services, the Office of Resiliency and the Judicial Department. Among the Department of Administration’s requests are $6.3 million in recurring funds to enhance information security monitoring and protection, $2 million for statewide information technology coordination and $9 million in one-time funds for a modernized IT service management platform.

The Office of Resilience testified that it is not seeking any recurring revenue, but instead only one-time funds totaling $117 million, including $38 million to replenish the Resilience Reserve Fund and $50 million for the Mitigation Hazard Risk Reduction Program. Director Ben Duncan told the committee that the U.S. Department of Housing and Urban Development (HUD) routinely recommends states working to stand-up a resilience office contact South Carolina as a model for the nation. The office, created following the floods of 2015, exists to increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship by lessening the impact of future disasters. They most recently advised the City of Lahaina, Hawaii, on disaster recovery following their devastating fires.

On Tuesday, a Senate Finance Subcommittee adopted S. 291 (Senators Peeler, Alexander and Bennett), a Joint Resolution to continue to pay the expenses of state government if the FY2025-26 fiscal year begins without the budget being enacted. The resolution now goes to the full Finance Committee for consideration.

The House Ways and Means Committee will take up the budget in full committee the week of February 18. Full floor debate is expected in the House beginning March 11, and then the budget goes to the Senate for their consideration.

To view the governor’s executive budget, click here.

Individual state agency budget requests can be found here.

Childcare

On Tuesday, a Senate Finance Subcommittee adopted S. 47 (Senators Davis and Sutton), which relates to tax credits for employee childcare programs and for individuals that are employed full-time in a childcare facility. The bill now goes to the full committee for consideration.

Education

After three weeks of floor debate, the Senate gave third and final reading on Tuesday to one of the top legislative priorities: the issue of school choice. S. 62 (Senators Hembree and Rice) was adopted by a vote of 31-9. It would provide $8,500 scholarships to low-income families so that parents can select an education option that best fits their child’s needs, public or private. The bill now goes to the House for consideration.

Energy Generation

On Wednesday, after a favorable subcommittee report on Tuesday, the House Labor, Commerce and Industry Committee unanimously adopted H. 3309 (Reps. G. M. Smith, Gatch, Herbkersman, Pope and others), enacting the “South Carolina Energy Security Act.”  A top priority of state leaders, the bill aims to ensure that electric generation and transmission providers are able to plan, site, and construct new and replacement generation and transmission resources in a timely and cost-effective manner to address growing energy demand and to bolster economic growth in an affordable, reliable, safe and sustainable manner. The bill now goes to the full House for consideration.

On Tuesday, the Senate Judiciary Committee adopted S. 271 (Senators Alexander, Rankin and Hutto), relating to elections to the Public Service Commission. The bill now goes to the full Senate for consideration.

On Wednesday, the Senate Special Committee on South Carolina’s Energy Future met once again and received public testimony on solutions for large energy users. The committee took no action and is expected to meet again soon.

Yesterday, the House Economic Development and Utility

Modernization Ad Hoc Committee held an organization session. The committee is being reformed to continue the work in previous years by the House to study and make recommendations on energy generation

Healthcare

On Wednesday, a subcommittee of the Senate Medical Affairs Committee adopted S. 161 (Senator Verdin) relating to policies for the adoption of prescribing non-opioid drugs for the treatment of pain management and establishing the development of education materials. The bill now goes to the full committee for consideration.

Yesterday, a subcommittee of the Senate Medical Affairs Committee adopted S. 2 (Senators Peeler, Alexander and Davis), which would restructure the state’s behavioral health agencies. The bill creates the Department of Behavioral Health and Developmental Disabilities, merging the Department of Mental Health, the Department of Disabilities and Special Needs and the Department of Alcohol and other Drug Abuse Services into one agency. The bill now goes to the full committee for consideration.

Judicial/Legal

The General Assembly met in joint session on Wednesday for the election of judges. In all, 83 judicial candidates were vying for 52 seats. Sumter Circuit Court Judge Kristi Curtis was elected to the state Court of Appeals, filling the seat of Justice Letitia Verdin, who ascended to the state Supreme Court over the summer. Breaking with precedent, the General Assembly rejected a candidate for a circuit court seat in York and Union counties and reopened the screening process for that seat.

South Carolina is one of only two states where the Legislature elects judges. Virginia is the other. A full list of those elected can be found here.

Yesterday, a Senate Judiciary Subcommittee met again to continue debate on S. 244 (Senators Massey, Alexander, Rice, Turner and others) tort reform but did not take any action on the bill. It also again debated S. 184 (Senators Johnson, Young and Adams), known as Dram Shop liability. The bill would hold businesses and individuals responsible if alcohol is served to someone who is intoxicated and that person harms another person. The bill, along with other tort reform measures being considered, is aimed at lowering insurance premiums for businesses and individuals. The subcommittee will meet again on both bills soon.

Yesterday, a subcommittee of the House Judiciary Committee debated but took no action on H. 3497 (Reps. W. Newton, Wooten, Pope and others) relating to liquor liability insurance. The bill will be back in subcommittee next week.

New Bills Introduced This Week

O

f interest:

S. 292 (Senators Alexander, Peeler, Martin, Massey and Rankin) Sine Die Resolution allows for the General Assembly to return after the mandatory adjournment date of May 8 for specified unfinished business, including adoption of the state budget, if necessary. Adopted and sent to the House.

All bills introduced this week can be found here:

Senate https://www.scstatehouse.gov/sessphp/sintros.php

House https://www.scstatehouse.gov/sessphp/sintros.php

Session Extension

This week, the Senate adopted S. 238 (Senators Alexander, Peeler, Massey and Rankin), which would put into law that the end date for adjournment of the General Assembly is automatically extended if the House of Representatives does not pass the state budget before March 10. The bill now goes to the House for consideration.