This issue of the Legislative Update is a comprehensive review of all legislation passed by the General Assembly during the 2019 session. It is a report intended to provide a brief synopsis of newly enacted legislation and is generally categorized for ease of review. Please refer to the actual text of the legislation for detailed provisions.

Requests for Legislation

When requesting copies of legislation, please refer to the Act number. Please direct requests for copies of legislation to Caitlin Watson, South Carolina Bar, P.O. Box 608, Columbia SC 29202. (803) 799-6653. Fax: (803) 799-4118. Bar members can also request copies of legislation by e-mailing cwatson@scbar.org. There will be a charge for any requests exceeding 30 pages ($.10 per page).

Any other questions relating to legislation can be directed to Kali Campbell Turner, South Carolina Bar, P.O. Box 608, Columbia, SC 29202. (803) 799-6653. Fax: (803) 799-4118 kturner@scbar.org.

General Assembly & South Carolina Code of Laws

Online legislation and regulations are available at www.scstatehouse.gov. The South Carolina Code of Laws is available at this site as well.


Title 1 - Administration of the Government

Appropriations Bill, 2019-2020. Act No. 91 (R110, H. 4000) an act to make appropriations and to provide revenues to meet the ordinary expenses of state government for the fiscal year beginning July 1, 2019, to regulate the expenditure of such funds, and to further provide for the operation of state government during this fiscal year and for other purposes. See Act for Effective Date

Capital Reserve Fund. Act No. 92 (R111, H. 4001) a joint resolution to appropriate monies from the Capital Reserve Fund for Fiscal Year 2018-2019, and to allow unexpended funds appropriated to be carried forward to succeeding fiscal years and expended for the same purposes.  See Act for Effective Date

Continuing Resolution. Act No. 93 (R61, H. 4413) a joint resolution to provide for the continuing authority to pay the expenses of state government if the 2019-2020 fiscal year begins without a general appropriations act for that year in effect, and to provide exceptions. Effective July 1, 2019

Interagency Planning and Evaluation Advisory Committee. Act No. 4 (R9, S. 327) an act to amend § 1-25-60, Code of Laws of South Carolina, 1976, relating to the State Interagency Planning and Evaluation Advisory Committee, so as to redesignate the name of the Senate General Committee as the Family and Veterans Services' Committee. Effective March 20, 2019

Public Service Authority (Santee Cooper). Act No. 95 (R113, H. 4287) a joint resolution to provide that the Department of Administration shall establish a process to conduct a competitive bidding process for the sale of some or all of the South Carolina Public Service Authority and to receive management proposals that do not involve a sale of Santee Cooper, but are designed to improve the efficiency and cost-effectiveness of Santee Cooper's electric operations, and to provide that Santee Cooper also must submit a proposal to the Department for reform, restructuring, and changes in its operation as an alternative to a sale or management proposal. Effective May 22, 2019

SC American Revolution Sestercentennial Commission. Act No. 101 (R7, S. 80) a joint resolution to amend § 1 and 3 of Act 289 of 2018, relating to the South Carolina American Revolution Sestercentennial Commission, so as to provide the observance must include the role of persons of African-American descent in the American Revolution and to make similar changes to the membership of the Commission, respectively. Effective March 20, 2019

Senate Appointments and Reports. Act No. 1 (R1, S. 2) an act to amend §s 1-3-120, 1-3-130, 1-6-30, 1-9-30, 1-11-425, 1-18-70, 1-23-280, 1-23-290, 2-1-230, 2-1-250, 2-2-30, 2-2-40, 2-3-20, 2-3-75, 2-3-105, 2-15-60, 2-17-90, 2-17-100, 2-19-10, 2-41-70, 2-59-10, 2-67-20, 2-69-20, 2-69-40, 2-75-10, 3-11-400, 5-1-26, 6-4-35, 6-29-1330, 8-13-540, 8-13-715, 8-13-1373, 9-4-10, 9-4-40, as amended, 9-16-90, 9-16-380, 10-1-168, 11-9-1140, as amended, 11-11-350, 11-43-140, 11-45-40, 11-50-50, 11-57-340, 13-1-25, 23-1-230, 24-22-150, 37-29-110, 38-3-110, 40-47-10, 41-27-710, 44-59-50, 44-128-50, 46-3-260, 48-52-440, 48-59-40, as amended, 51-13-720, 51-13-2120, 51-18-40, 51-18-115, 54-3-1300, 54-6-10, 59-6-10, 59-40-230, 59-46-40, 59-59-175, 59-150-40, 59-150-320, 59-150-325, 60-17-10, 63-1-50, 63-11-1720, as amended, 63-11-1930, as amended, 63-11-2110, and 1-11-10, as amended, Code of Laws of South Carolina, 1976, all relating to appointments and reports received by the President Pro Tempore, so as to substitute the "President of the Senate" for the "President Pro Tempore of the Senate", " President Pro Tempore ", or "President of the Senate Pro Tempore" in order to conform the South Carolina Code of Laws with amendments to the South Carolina Constitution Act 214 of 2014; to amend Act 121 of 2014, relating to appointments made by the President Pro Tempore, so as to make the same conforming change; and to amend §s 1-17-20, 1-23-125, 2-3-30, 2-3-90, 7-11-30, 7-17-10, 10-1-40, 14-27-20, 14-27-30, 14-27-40, 14-27-80, 44-56-840, 54-7-100, and 59-6-15, all relating to appointments and reports received by the Lieutenant Governor, so as to substitute " President of the Senate " for "Lieutenant Governor" or to strike references to the lieutenant governor in order to conform the South Carolina Code of Laws related to the duties of the Lieutenant Governor with amendments to the South Carolina Constitution Act 214  of 2014. Effective January 31, 2019

SLED; distribute 250,000 dollars to the SC State Firefighters Association to provide PTSD insurance and programs. Act No. 94 (R8, S. 326) a joint resolution to direct the State Law Enforcement Division to distribute two hundred fifty thousand dollars to the South Carolina State Firefighters Association to provide for post traumatic stress disorder insurance and programs. Effective March 20, 2019

Veterans Affairs. Act No. 26 (R39, H. 3438) an act to amend § 1-30-10, Code of Laws of South Carolina, 1976, relating to the Departments of State Government, so as to include the Department of Veterans' Affairs; by adding § 1-30-130 so as to enumerate the assets, rights, and obligations of the former Division of Veterans' Affairs transferred to the Department of Veterans' Affairs; to amend Chapter 11, Title 25, relating to the Division of Veterans Affairs, so as to, among other things, redesignate the Division of Veterans' Affairs as the Department of Veterans' Affairs; to establish the Department of Veterans' Affairs within the executive branch of government; to provide that the Governor shall appoint a Secretary of the Department of Veterans' Affairs with the advice and consent of the Senate, and to enumerate the Secretary's powers, duties, and responsibilities; to authorize the department of administration to provide administrative support to the Department of Veterans' Affairs; to revise the definition of "veteran" for purposes of appointing county veterans' affairs officers, and to provide that a county veterans' affairs officer is an at-will employee of the Department who may be removed for cause at any time by the department secretary, a majority of the Senators representing the county, and a majority of the House members representing the county; to make conforming changes throughout the Chapter; to establish the South Carolina Military Base Task Force, and to provide for the Task Force's composition, powers, duties, and responsibilities; and to provide coordinating instructions relating to the redesignation of the Division of Veterans' Affairs as the Department of Veterans' Affairs. Effective July 1, 2019

Veterinary medicine and animal shelters (D. No. 4859). Act No. 111 (R30, H. 4112) a joint resolution to approve regulations of the Department of Labor, Licensing and Regulation - Board of Veterinary Medical Examiners, relating to veterinary medicine and animal shelters, designated as Regulation Document Number 4859, pursuant to the provisions of Article 1, Chapter 23, Title 1 of the 1976 Code. Effective April 3, 2019

Δ Back to top

Title 2 – General Assembly

Adoption of Revised Code Volumes. Act No. 63 (R83, H. 3662) an act to adopt revised code Volumes 3 and 4 of the Code of Laws of South Carolina, 1976, to the extent of their contents, as the only general permanent statutory law of the State as of January 1, 2019.

Allendale County Aeronautics and Development Commission. Act No. 106 (R15, S. 504) an act to amend Act 372 of 2008, relating to the Allendale County Aeronautics and Development Commission, so as to abolish the existing nine-member Commission, to terminate the terms of its members, to reconstitute the Commission as the Allendale County Aeronautics Commission, and to revise the composition of the Commission's membership. Effective April 30, 2019

Mold Abatement and Remediation Study Committee. Act No. 112 (R16, H. 3127) A joint resolution to establish the Mold Abatement and Remediation Study Committee to study the impact of mold in public areas and to ascertain the best method of abatement for mold in public areas; to provide for the membership of the Study Committee, to establish certain goals for the Study Committee, to require the Study Committee to prepare a report for the General Assembly, and to dissolve the Study Committee. Effective March 20, 2019

Δ Back to top

Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions

Broadway Water and Sewer District. Act No. 107 (R56, S. 712) an act to amend Act 549 of 1973, as amended, relating to the Broadway Water and Sewerage District in Anderson County, so as to ratify a 2001 expansion of the District's service area pursuant to a transfer of territory from the Belton-Honea Path Water Authority. Effective May 13 2019

Election of the Commissioners of the Bath, Langley, and Clearwater Water and Sewer Districts. Act No. 104 (R4, S. 335) an act to amend Act 516 of 1976, relating to the election of commissioners of the Bath, Langley, and Clearwater Water and Sewer Districts in Aiken County, so as to change the commencement date of each Commissioner's term of office to January first in the year following the Commissioner's election and to change the term expiration date to December thirty-first of each even-numbered year; and to amend Act 1006 of 1958, relating to the election of commissioners of the Bath, Langley, and Clearwater Water and Sewer Districts in Aiken County, so as to change the commencement date of each commissioner's term to January first in the year following the commissioner's election, to change the election date for commissioners to the first Tuesday after the first Monday in November and to provide for staggered terms, to revise the procedures for advertising elections for commissioners in a newspaper of general circulation, to require commission candidates to file statements of intention of candidacy with the Aiken County Board of Voter Registration and Elections, and to establish the filing period for the election of commissioners. Effective March 7, 2019

Renewable Water Resources (REWA). Act No. 110 (R55, S. 675) an act to amend Act 745 of 1967, as amended, relating to Renewable Water Resources (ReWa), formerly known as the Western Carolina Regional Sewer Authority, to add the "Southern Greenville" area of Greenville County to ReWa's service territory, to express the General Gssembly's intent to designate a map as the document of record on which ReWa's amended boundary lines are delineated, to provide that no residential or commercial entity located within the Southern Greenville extended territory is required to tap into the services provided by ReWa unless the entity does so voluntarily or has no other DHEC-approved method for disposal, and to revise the conditions under which a residential or commercial entity located in the Northern Greenville area of ReWa may tap into the services provided by ReWa. Effective May 13, 2019

State Aid to Subdivisions Act.  Act No. 84 (R104, H. 3137) an act to amend Chapter 27, Title 6, Code of Laws of South Carolina, 1976, relating to the state aid to subdivisions act, so as to delete the requirement that the fund receive no less than four and one-half percent of the general fund revenues of the latest completed fiscal year, to delete a provision regarding midyear cuts, to provide that the appropriation to the fund must be adjusted by the same percentage that general fund revenues are projected to increase or decrease, if applicable, but not to exceed five percent, to require that the adjustment, if applicable, be included in all stages of the budget process, and to delete a provision requiring amendments to the state aid to subdivisions act be included in separate legislation. Effective May 24, 2019

Δ Back to top

Title 7 – Elections

Abbeville County voting precincts. Act No. 12 (R21, H. 3987) an act to amend § 7-7-30, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Abbeville County, so as to redesignate the map number on which the names of these precincts may be found and maintained by the Revenue and Fiscal Affairs Office. Effective March 20, 2019

Berkeley County voting precincts. Act No. 40 (R54, S. 607) an act to amend § 7-7-120, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Berkeley County, so as to add sixteen precincts, to eliminate two precincts, and to redesignate the map number on which the names of these precincts may be found and maintained by the Revenue and Fiscal Affairs Office. Effective May 13, 2019

Dillon County Voting Precincts. Act No. 80 (R100, H. 4276) an act to amend § 7-7-220, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Dillon County, so as to eliminate the Gaddy's Mill Precinct and to redesignate the map number on which the names of these precincts may be found and maintained by the Revenue and Fiscal Affairs Office. Effective May 16, 2019

Dorchester County voting precincts. Act No. 9 (R14, S. 482) an act to amend § 7-7-230, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Dorchester County, so as to redesignate the map number on which the names of these precincts may be found and maintained by the Revenue and Fiscal Affairs Office. Effective March 20, 2019

Greenwood county voting precincts. Act No. 81 (R101, H. 4330) an act to amend § 7-7-290, as amended, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Greenwood County, so as to redesignate the map number on which the names of these precincts may be found and maintained by the Revenue and Fiscal Affairs Office. Effective May 16, 2019

Greenwood county, voting precincts. Act No. 8 (R13, S. 441) an act to amend § 7-7-290, as amended, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Greenwood County, so as to redesignate the map number on which the names of these precincts may be found and maintained by the Revenue and Fiscal Affairs Office. Effective March 20, 2019

Oconee County voting precinct. Act No. 39 (R53, S. 546) an act to amend § 7-7-430, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Oconee County, so as to redesignate the map number on which the names of these precincts may be found and maintained by the Revenue and Fiscal Affairs Office. Effective May 13, 2019

Poll managers and assistants. Act No. 54 (R74, H. 3035) an act to amend § 7-13-72, Code of Laws of South Carolina, 1976, relating to managers of election, so as to provide that a clerk appointed from among the managers for each polling place must be a resident and registered elector of the respective county in which he is appointed to work or in an adjoining county; to amend § 7-13-80, relating to the organization of boards of voter registration and elections and managers and clerks, so as to provide that a chairman of a board of managers must be a resident and registered elector of the respective county in which he is appointed to work or in an adjoining county; and to amend § 7-13-110, relating to poll managers and their assistants, so as to provide that a chairman or clerk appointed from among the managers for the various polling places must be a resident and registered elector of the respective county in which he is appointed to work or in an adjoining county, to provide that a manager who is not appointed to serve as a chairman or clerk must be a resident and a registered elector of the State of South Carolina, and to require that any person qualified to serve as a manager who requests to work in his resident county or in an adjoining county must be given priority over qualified persons from other counties for appointment to work in the resident county or in an adjoining county. Effective May 16, 2019

Voting machines. Act No. 98 (R31, H. 4157) a joint resolution to extend the deadline to submit offers for a solicitation for a statewide voting system solution for the State Election Commission and to create a Special Evaluation Panel to evaluate and score each proposal. Effective April 3, 2019

Voting precincts. Act No. 11 (R19, H. 3798) an act to amend § 7-7-450, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Pickens County, so as to redesignate the map number on which the names of these precincts may be found and maintained by the Revenue and Fiscal Affairs Office. Effective March 20, 2019

Voting precincts; Anderson County. Act No. 7 (R12, S. 428) an act to amend § 7-7-80, Code of Laws of South Carolina, 1976, relating to the designation of voting precincts in Anderson county, so as to delete the Grove School and Anderson 5/A precincts and add the South Fant Precinct, and to redesignate the map number on which the names of these precincts may be found and maintained by the Revenue and Fiscal Affairs Office. Effective March 20, 2019

Δ Back to top

Title 8 - Public Officers and Employees

Filing and recording fees. Act No. 58 (R78, H. 3243) an act to amend § 8-21-310, Code of Laws of South Carolina, 1976, relating to a schedule of specified filing and recording fees, so as to revise and further provide for various filing fees, including a flat fee for various documents. Effective August 1, 2019

Δ Back to top

Title 11 – Public Finance

Procurement Code. Act No. 41 (R52, S. 530) an act to amend § 11-35-20, Code of Laws of South Carolina, 1976, relating to the purpose and policies of the Consolidated Procurement Code. Effective May 13, 2019

SC ABLE Account renamed SC STABLE Account Program. Act No. 88 (R109, H. 3986) an act to amend Article 3 of Chapter 5, Title 11, Code of Laws of South Carolina, 1976, relating to the "ABLE Savings Program" so as to rename the program the "Palmetto ABLE Savings Program" and to make conforming changes; to amend § 12-6-1140, as amended, relating to income tax deductions, so as to make conforming changes; and to direct the Code Commissioner to make certain conforming changes. Effective May 24, 2019

Δ Back to top

Title 12 – Taxation

Cigarettes. Act No. 35 (R48, S. 310) an act to amend § 12-21-2870, Code of Laws of South Carolina, 1976, relating to unstamped or untaxed cigarettes, so as to provide that cigarettes found at any point that do not have stamps affixed to their package are considered contraband in certain circumstances. Effective May 13, 2019

Cigarette stamp tax. Act No. 97 (R20, H. 3849) a joint resolution to provide a grace period on the enforcement of § 12-21-735 of the 1976 code, relating to the stamp tax on cigarettes, against unstamped packages of cigarettes for which applicable taxes have been paid. Effective March 20, 2019

Community Development Corporations and Financial Institutions. Act No. 77 (R97, H. 4133) an act to amend § 12-6-3530, Code of Laws of South Carolina, 1976, relating to community development tax credits, so as to allow a tax credit of fifty percent of any cash donation to a community development corporation or community development financial institutions, to increase an aggregate credit provision, to establish tax credit reserve accounts for the first three quarters of each tax year so as to avoid the depletion of credits by an individual taxpayer, to delete the pro-rata distribution of tax credits, to allow financial institutions with tax liabilities in this state to invest in community development corporations for the purpose of receiving a tax credit, and to provide that returns on investments in certified community development corporations and certified community development financial institutions may not exceed the total amount of the initial investment; to amend Section 4 of Act 314 of 2000, as amended, relating to community development corporations and financial institutions, so as to extend the provisions of the South Carolina Community Economic Development Act until June 30, 2023; and by adding § 12-6-3775 so as to provide for an income tax credit to an individual or business that constructs, purchases, or leases certain solar energy property and that places it in service in certain places in this state, and to define necessary terms. Effective May 16, 2019

DOR; allow DOR to submit certain information to a financial institution regarding a debtor that has been named on a warrant for distraint. Act No. 46 (R66, S. 323) an act to amend the Code of Laws of South Carolina, 1976, by adding § 12-54-265 so as to allow the Department of Revenue to submit certain information to a financial institution regarding a debtor that has been named on a warrant for distraint, and to require the financial institution provide certain information to the Department. Effective May 16, 2019

Income tax credit. Act. No 45 (R65, S. 314) an act to amend the Code of Laws of South Carolina, 1976, by adding § 12-6-3800 so as to allow an income tax credit for each clinical rotation served by a physician, advanced practice nurse, or physician assistant as a preceptor for certain programs; and to amend § 12-6-1140, as amended, relating to income tax deductions, so as to allow a deduction for certain rotations for which no income tax credit is available. Effective May 16, 2019

Industry Partnership Fund tax credit. Act No. 15 (R24, H. 3595) an act to amend § 12-6-3585, Code of Laws of South Carolina, 1976, relating to the Industry Partnership Fund tax credit, so as to increase the aggregate annual credit amount, set certain qualifications, and to require the South Carolina Research Authority to issue an annual report. Effective March 28, 2019

IRS Code. Act No. 16 (R25, H. 3985) an act to amend § 12-6-40, as amended, Code of Laws of South Carolina 1976, relating to the application of the Internal Revenue Code to state income tax laws, so as to update the reference to the Internal Revenue Code to the year 2018 and to provide that if the Internal Revenue Code §s adopted by this State are extended, then these Sections also are extended for South Carolina income tax purposes. Effective March 28, 2019

Professional sports team. Act No. 83 (R103, H. 4243) an act to amend § 12-6-3360, Code of Laws of South Carolina, 1976, relating to the job tax credit, so as to provide for a professional sports team and to provide requirements that specifically apply to a professional sports team, and to increase jobs tax credit amounts in Tier IV and Tier III counties; to amend § 4-9-30, relating to the designation of powers under the alternate forms of government, so as to prohibit the levy of county license fees and taxes on a professional sports team; to amend § 5-7-30, relating to powers of a municipality, so as to prohibit the levy of a business license tax on a professional sports team; by adding § 5-3-20 so as to provide that the real property owned by a professional sports team may not be annexed by a municipality without prior written consent of the professional sports team; to amend §s 11-9-805 and 11-9-830, as amended, both relating to the Revenue and Fiscal Affairs Office, so as to require the office annually to submit tax expenditure reports to the General Assembly and to define "tax expenditure"; and by adding § 12-10-120 so as to specify certain job development credit requirements that apply to a professional sports team. Effective May 22, 2019

Property tax penalty schedule. Act No. 96 (R5, H. 3630) a joint resolution to delay the property tax penalty schedule by three months on real property owned by certain individuals affected by the shutdown of the federal government. Effective February 21, 2019

Sales and Gross receipts. Act No. 49 (R69, S. 408) an act to amend § 12-6-2295, as amended, Code of Laws of South Carolina, 1976, relating to items included and excluded from the terms "sales" and "gross receipts", so as to provide that receipts from the operation of a cable system and a video service are attributable to this state in pro rata proportion of the costs of performing the service. Effective May 16, 2019

Sales tax definitions. Act No. 21 (R33, S. 214) an act to amend the Code of Laws of South Carolina, 1976, by adding § 12-36-71 so as to define "marketplace facilitator"; to amend § 12-36-70, 12-36-90, and 12-36-130, all relating to sales tax definitions, so as to further inform marketplace facilitators of their requirements; and to amend § 12-36-1340, relating to the collection of sales tax by retailers, so as to further inform marketplace facilitators of their requirements. Effective April 26, 2019

SC Textiles Communities Revitalization Act. Act No. 50 (R70, S. 440) an act to amend § 12-65-20, as amended, Code of Laws of South Carolina, 1976, relating to definitions for the South Carolina Textiles Communities Revitalization Act, so as to provide that a certain cap on rehabilitation expenses only applies to certain rehabilitated buildings on contiguous parcels; and by adding § 12-67-170 so as to provide for an extension of the placed in service date for a rehabilitated abandoned building under certain circumstances. See Act for Effective Date

Tax credits. Act No. 47 (R67, S. 329) an act to extend the tax credits for the purchase and installation of geothermal machinery and equipment until January 1, 2022, by re-enacting provisions of § 12-6-3587. See Act for Effective Date

Tax credit, port cargo volume increase. Act No. 37 (R50, S. 439) an act to amend § 12-6-3375, Code of Laws of South Carolina, 1976, relating to the tax credit for a port cargo volume increase, so as to increase the maximum amount of the available tax credits for port cargo volume increases, and to provide for a port transportation credit for the costs of transporting freight, goods, and materials from qualifying facilities in
South Carolina to a South Carolina port facility; and by adding § 12-36-2140 so as to provide that a port facility is a distribution facility for purposes of certain sales tax exemptions. Effective May 13, 2019

Tax liens. Act No. 13(R22, S. 160) an act to amend § 12-54-122, Code of Laws of South Carolina, 1976, relating to tax liens, so as to allow the Department of Revenue to implement a system of filing and indexing liens which is accessible to the public over the internet or through other means. Effective July 1, 2019

Vehicle registration. Act No. 69 (R89, H. 3916) an act to amend § 12-37-2615, Code of Laws of South Carolina, 1976, relating to penalties for failure to register a motor vehicle, so as to provide that a person who fails to register a motor vehicle is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for a period not to exceed thirty days, or both. Effective May 16, 2019

Δ Back to top

Title 16 - Crimes and Offenses

Disorderly conduct. Act No. 90  (R105, H. 3601) an act to amend § 16-17-530, Code of Laws of South Carolina, 1976, relating to public disorderly conduct, so as to allow and provide procedures for conditional discharge for first-time offenders. Effective June 25, 2019

Female genital mutilation. Act No. 71 (R91, H. 3973) an act to amend the Code of Laws of South Carolina, 1976, by adding Article 20 to Chapter 3, Title 16 so as to prohibit genital mutilation of a female who is under the age of eighteen years or who is unable to consent, to create a felony offense of female genital mutilation, with exceptions, and for other purposes; and to amend § 63-7-20, as amended, relating to terms defined in the Children's Code, so as to add female genital mutilation of a minor to the definition of "child abuse or neglect" or "harm". Effective May 16, 2019

Youth Access to Tobacco Prevention Act of 2006. Act No. 25 (R38, H. 3420) an act to amend § 16-17-500, Code of Laws of South Carolina, 1976, relating to the " Youth Access to Tobacco Prevention Act of 2006", so as to strengthen age verification requirements for the internet sale of tobacco and alternative nicotine products, to prohibit minors from entering retail establishments that primarily sell such products, with exceptions, and to create related criminal penalties; to amend § 16-17-501, relating to terms defined in the " Youth Access to Tobacco Prevention Act of 2006", so as to change the definition for "alternative nicotine product" and by adding a definition for "electronic smoking device", "e-liquid", and "vapor product"; by adding § 59-1-380 so as to require local school districts to adopt, implement, and enforce a written policy prohibiting the use of tobacco and alternative nicotine products on school campuses and at school events; to amend § 44-95-20, relating to the Clean Indoor Air Act's prohibition of smoking in schools, so as to eliminate the exclusion for private offices and teachers lounges; by adding § 16-17-506 so as to establish limitations on the sale of e-liquid containers and create criminal penalties; and for other purposes. Effective April 26, 2019

Δ Back to top

Title 20 - Domestic Relations

License issuance to an unmarried female and male under 18 when the female is pregnant or had a child. Act No. 33 (R46, S. 196) an act to amend the Code of Laws of South Carolina, 1976, by repealing § 20-1-300 relating to the issuance of a marriage license to minors when the female is pregnant or has given birth to a child. Effective May 13, 2019

Δ Back to top

Title 23 - Law Enforcement and Public Safety

Public Safety Communications Center. Act No. 60 (R80, H. 3586) an act to amend § 23-47-10, Code of Laws of South Carolina, 1976, relating to certain terms and their definitions regarding the Public Safety Communications Center. Effective May 16, 2019

Sheriff qualifications. Act No. 70 (R90, H. 3951) an act to amend § 23-11-110, Code of Laws of South Carolina, 1976, relating to the qualifications that a sheriff must possess, so as to provide these qualifications also apply to candidates for sheriff, to make technical changes, to provide a sheriff holding office on the effective date of this Section is not required to be an experienced certified law enforcement officer or be eligible to obtain a Class 1 law enforcement officer certificate upon the commencement of his term of office, and to provide additional qualifications. Effective May 16, 2019

Δ Back to top

Title 25 – Military, Civil Defense and Veterans Affairs

SC Service Members Civil Relief. Act No. 23 (R36, H. 3180) an act to amend the Code of Laws of South Carolina, 1976, by adding Article 21 to Chapter 1, Title 25 so as to enact the " South Carolina Service Members Civil Relief "; to define the Act's relevant terms; to enumerate certain rights, benefits, and obligations of service members and their dependents; to authorize a service member, the dependent of a service member, or the Attorney General to bring a civil action for intentional violations of the Act; to establish remedies and penalties; and to require the Adjutant General to post certain information regarding the Act on the South Carolina National Guard website. Effective April 26, 2019

Δ Back to top

Title 27 - Property and Conveyances

Catawba Tribe. Act No. 57 (R77, H. 3205) an act to amend the Code of Laws of South Carolina, 1976, by adding § 27-16-150 so as to provide that the Tribe is not required to pay any fee in lieu of school taxes beginning with school years after 2007-2008; and to amend § 27-16-130, relating to the taxation of the Tribe, so as to delete a contrary provision. Effective May 16, 2019

Vacation Time-Sharing Plan Extensions and Termination. Act No. 66 (R86, H. 3754) an act to amend § 27-32-10, Code of Laws of South Carolina, 1976, relating to definitions in regard to vacation time sharing plans, so as to define the term "timeshare declaration"; to amend § 27-32-410, relating to timeshare closings, procedures, and related provisions, so as to further provide for when a timeshare closing is considered to have occurred in the case of an installment sales contract, and other requirements in regard to the closing; by adding Article 5 to Chapter 32, Title 27 so as to enact the "Vacation Time Sharing Plan Extension and Termination Act", including provisions to clarify and supplement the procedures and requirements as to how owners of vacation time sharing interests may terminate vacation time sharing plans or extend the terms of these plans, with the provisions of Article 5 to apply both prospectively and retroactively; and to amend § 27-30-120, as amended, relating to definitions in regard to homeowners associations, so as to revise the definition of "homeowners association". Effective May 16, 2019

Δ Back to top

Title 33 - Corporations, Partnerships and Associations

Electric coops, audits. Act No. 56 (R76, H. 3145) an act to amend § 33-49-50, Code of Laws of South Carolina, 1976, relating to the exemption of cooperatives and foreign corporations from the jurisdiction and control of the Public Service Commission. See Act for Effective Date

Δ Back to top

Title 38 – Insurance

Department of Insurance changes. Act No. 6 (R11, S. 360) an act to amend the Code of Laws of South Carolina, 1976, by adding § 38-47-55 so as to clarify that certain individuals are authorized to adjust food spoilage claims without an adjuster's license; by adding § 38-72-75 so as to require a long-term care insurance provider to submit all premium rate schedules to the Department of Insurance and to establish certain procedures concerning the premium approval process; to amend § 38-3-110, relating to the duties of the Director of the Department of Insurance, so as to alter public hearing requirements; to amend § 38-7-20, relating to insurance premium taxes, so as to exclude certain factors from the total premium computation; to amend § 38-7-60, relating to the submission of a return of premiums, so as to require the submission of a return of premiums collected; to amend § 38-43-247, relating to the reporting of criminal prosecutions, so as to only require the reporting of criminal convictions; to amend § 38-44-50, relating to the review of a managing general agent, so as to alter the submission date from March first to June first; to amend §s 38-46-60 and 38-46-90, both relating to a party engaged as a reinsurance intermediary-broker, so as to alter the submission date of certain documents from March first to June first; to amend §s 38-57-130, 38-57-140, and 38-57-150, all relating to prohibited trade practices, so as to clarify that certain practices are prohibited; to amend §s 38-75-730 and 38-75-1200, both relating to cancellations of property, casualty, and title insurance policies, so as to extend when an insurer can cancel a policy without cause to one hundred twenty days and to prohibit an insurer from cancelling a policy outside of the one hundred twenty-day period if they had notice of a change in risk prior to the expiration of the one hundred twenty-day period; to amend § 38-90-160, as amended, relating to the application of certain provisions to captive insurance companies, so as to apply the South Carolina Insurance Data Security Act to captive insurance companies; and to amend § 38-99-70, relating to licensees exempted from certain data security requirements, so as to only exempt the licensees from the provisions of § 38-99-20. Effective July 1, 2019

Insurance. Act No. 3 (R6, S. 75) an act to amend the Code of Laws of South Carolina, 1976, by adding Article 9 to Chapter 13, Title 38 so as to require an insurer or an insurance group to submit a Corporate Governance Annual Disclosure and establish certain requirements for the Disclosure, to define necessary terms, to authorize the Director of the Department of Insurance to promulgate regulations related to the Disclosure, to provide certain confidentiality requirements for information submitted to the Director and to prohibit the Director or a person who receives information related to the annual disclosure from testifying in a private civil action concerning the confidential information, to authorize the Director to retain third-party consultants and prescribe certain rules for the consultants, to provide a penalty for an insurer who fails to file the Corporate Governance Annual Disclosure, and to set an effective date; by adding § 38-21-295 so as to authorize the Director to act as the group-wide supervisor for an internationally active insurance group under certain circumstances, to establish a procedure for the Director to determine whether he may act as the group-wide supervisor or acknowledge another regulatory official to act as the group-wide supervisor, to authorize the Director to engage in certain activities as group-wide supervisor, and to authorize the Director to promulgate regulations; and to amend § 38-21-10 so as to define the terms "Director", "group-wide supervisor", and "internationally active insurance group". Effective March 20, 2019

Medical Malpractice Liability Joint Underwriting Association. Act No. 67 (R87, H. 3760) an act to amend Article 3, Chapter 79, Title 38, Code of Laws of South Carolina, 1976, relating to the South Carolina Medical Malpractice Liability Joint Underwriting Association, so as to merge the Joint Underwriting Association with the Patients' Compensation Fund and to rename the surviving entity the South Carolina Medical Malpractice Association, to define necessary terms, to alter the membership of the Association, to establish certain requirements for the initial filing of policy forms, to require the members of the Association to pay an assessment equal to the member's proportional share of the accumulated deficit of the Association, to increase policy limits for policies issued by the Association on behalf of its members, to require the Association to submit all policy forms, classifications, rates, rating plans, or rules to the director of the Department of Insurance, to establish a uniform assessment on the membership of the Association and provide for an additional surcharge on premiums that must be assessed on association policyholders, to establish certain obligations for terminated members of the Association, to establish certain conditions regarding the Association's annual financial statement and the examination of the Association by the director of the Department of Insurance, to provide the effective date of the merger of the Patients' Compensation Fund and the Joint Underwriting Association, to provide for the winding down of Patients' Compensation Fund, and to provide for the composition of the board and the duties of the Association; and by adding § 38-79-400 so as to repeal the Article 5, Chapter 79, Title 38, relating to the Patients' Compensation Fund, upon the merger of the Patients' Compensation Fund into the Joint Underwriting Association. Effective May 16, 2019

Pharmacy benefits managers. Act No. 48 (R68, S. 359) an act to amend the Code of Laws of South Carolina, 1976, by adding Article 21 to Chapter 71, Title 38 so as to establish a license requirement for pharmacy benefits managers, to prohibit a pharmacy benefits manager from restricting or penalizing a pharmacy from performing certain actions or disclosing certain information, to prohibit a pharmacy benefits manager from undertaking certain actions, to set certain requirements for a maximum allowable cost list, and to authorize the director of the Department of Insurance to enforce the provisions of this Article; to amend § 38-2-10, as amended, relating to administrative penalties, so as to apply certain administrative penalties to pharmacy benefits managers; to amend § 38-71-1810, relating to pharmacy audit rights, so as to allow a pharmacy to submit records in an electronic format or by certified mail and to prohibit certain errors from serving as the sole basis of the rejection of a claim; and to repeal Article 20 of Chapter 71, Title 38 relating to pharmacy benefit managers. See Act for Effective Date

Property and casualty insurance guaranty association. Act No. 5 (R10, S. 358) an act to amend § 38-31-30, Code of Laws of South Carolina, 1976, relating to the application of the South Carolina Property and Casualty Insurance Guaranty Association, so as to apply the provisions of Chapter 31, Title 38 to a claim or loss covered by self-insurance that occurred prior to the acquisition of a block of business by a licensed insurer; and to amend § 42-5-20, relating to insurance requirements for workers' compensation, so as to prohibit a self-insurer from participating in or obtaining benefits from the South Carolina Property and Casualty Insurance Guaranty Association and to require the South Carolina Workers' Compensation Commission to secure an actuarial opinion before approving the transfer of a self-insurer to a licensed insurer. Effective July 1, 2019

Δ Back to top

Title 40 - Professions and Occupations

Accountants. Act No. 68 (R88, H. 3785) an act to amend § 40-2-10, Code of Laws of South Carolina, 1976, relating to purposes for which meetings of the Board of Accountancy may be closed to the public, so as to provide meetings may be closed to protect certain confidential information; to amend § 40-2-20, relating to definitions concerning the regulation of certified public accountants and public accountants, so as to revise a definition; to amend § 40-2-35, relating to examination requirements for licensure by the Board, so as to remove the requirement that certain examinations be computer-based; to amend § 40-2-40, relating to continuing education requirements for noncertified public accountant owners of certified public accounting firms, so as to include certain ethics requirements; to amend § 40-2-80, relating to the confidential treatment of certain evidence obtained during investigations by the Board, so as to provide all proceedings and inquiries related to the investigations are confidential except when the subject of an investigation waives confidentiality of the existence of the complaint; to amend § 40-2-90, relating to investigations by the Board, so as to provide disciplinary hearings by the Board must be open to the public except in certain circumstances and all evidence must be made part of the record in the proceedings; to amend § 40-2-240, relating to licensure of out-of-state persons by the Board, so as to provide alternative criteria for such licensure; and to amend § 40-2-340, relating to disclaimers that accounting practitioners and accounting practitioner firms must use when associating their names with certain compiled financial statements, so as to remove the existing boilerplate language required and instead provide such disclaimers must comply with certain national standards. Effective May 16, 2019

Advanced Practice Registered Nurse Act. Act No. 87 (R108, H. 3821) an act to amend the Code of Laws of South Carolina, 1976, so as to enact the "Advanced Practice Registered Nurse Act"; and to amend § 40-33-34, as amended, relating to medical acts that advanced practice registered nurses may perform, so as to include certifying the manner of death and executing do not resuscitate orders except in certain circumstances, and to permit the prescribing of Schedule II narcotic substances for patients residing in long-term care settings in certain circumstances. Effective July 23, 2019

PA Act of 2019. Act No. 32 (R45, S. 132) an act to amend § 40-47-195, Code of Laws of South Carolina, 1976, relating to physician supervision of certain practitioners, so as to make various changes concerning scope of practice guidelines; and to amend Article 7, Chapter 47, Title 40, relating to the South Carolina Physician Assistants Practice Act, so as to revise the Article in its entirety. See Act for Effective Date

Pharmacists and prescriptions. Act No. 38 (R51, S. 463) an act to amend § 40-43-86, as amended, Code of Laws of South Carolina, 1976, relating to facility requirements for pharmacies, the presence of pharmacists-in-charge, consultant pharmacists, prescription drug orders, the transferring of prescriptions, the substitution of an equivalent drug or interchangeable biological product, label requirements, patient records and counseling, policies and requirements for automated systems, unlawful practices, sales to optometrists and home medical equipment providers, the code of ethics, the sale of poisons and returned medications, permit fees, and compounding regulations and restrictions, so as to provide pharmacists may exercise their professional judgment to dispense up to a ninety-day supply of medication for each refill up to the total number of dosage units as authorized by the prescriber on the original prescription, to provide certain related requirements, and to provide exceptions. Effective May 13, 2019

Physical Therapy Examiners Board, licensure. Act No. 64 (R84, H. 3703) an act to amend § 40-45-230, Code of Laws of South Carolina, 1976, relating to the examination required for licensure by the Board of Physical Therapy Examiners, so as to increase the maximum number of times a person may attempt to pass the examination from three to six, to provide a person who fails the examination a fifth time first must take courses the board may require and furnish evidence of completing these courses before taking the examination a sixth time, and to provide a person who fails the examination six or more times may not be licensed by the Board; and to amend § 40-45-260, relating to the prohibition of the Board from granting licensure to applicants who fail the examination three or more times, so as increase the number of allowed attempts to six. Effective May 16, 2019

SC Alarm System Business Act. Act No. 31 (R44, S. 109) an act to amend § 40-79-20, Code of Laws of South Carolina, 1976, relating to the South Carolina Alarm System Business Act, so as to add a definition for "electric fence", to add and revise other definitions, and to make technical corrections. Effective May 13, 2019

Speech-Language Pathologists Assistants exemptions. Act No. 34 (R47, S. 277) an act to amend the Code of Laws of South Carolina, 1976, by adding § 40-67-75 so as to provide speech-language pathologists and speech-language pathology assistants under their supervision shall adhere to certain guidelines; to amend § 40-67-30, relating to the supervision of speech-language pathology interns and assistants, so as to make technical corrections; to amend § 40-67-260, relating to the completion of certain continuing education hours for license renewal, so as to allow for the completion of continuing education units as an alternative; to amend § 40-67-280, relating to the completion of certain continuing education hours for inactive license reactivations, so as to allow for the completion of continuing education units as an alternative; to amend § 40-67-300, relating to the applicability of the Chapter, so as to revise certain exemptions; to redesignate Chapter 67, Title 40 as "Speech-Language Pathologists and Audiologists"; and to repeal Act 124 of 2015 relating to the temporary exemption of certain applicants for licensure as speech-language pathology assistants from the requirement of having a bachelor's degree from a regionally accredited institution of higher education. Effective May 13, 2019

Veterinarians. Act No 18 (R28, H. 3732) an act to amend the Code of Laws of South Carolina, 1976, by adding § 40-69-255 so as to require veterinarians to complete continuing education related to prescribing and monitoring certain controlled substances. Effective April 3, 2019

Δ Back to top

Title 40 - Professions and Occupations

Engineer Immunity. Act No. 18 (R27, S. 342) an act to amend § 40-22-295, Code of Laws of South Carolina, 1976, relating to engineer immunity for certain voluntary professional services rendered at the scenes of declared state or national emergencies at the request of the Governor, so as to extend the exemption to surveyors; and to amend § 40-22-280, as amended, relating to the exemption of electric cooperative employees from the state regulation of engineers and surveyors in certain circumstances, so as to revise the classification of employees to whom the exemption is applicable and to correct an obsolete reference. Effective May 9, 2017

Appraisal Management Company Registration Act. Act No. 32 (R52, S. 279) a bill to enact the "Appraisal Management Company Registration Act" by adding Article 3 to Chapter 60, Title 40 of the 1976 code, relating to the South Carolina Real Estate Appraiser License and Certification Act, to provide certain definitions, to require registration for an entity acting as an appraisal management company, to specify registration and renewal requirements, to provide exemptions from registration, to provide for the conduct of appraisal management companies, and to provide remedies for violations; to amend § 40-60-10(b), relating to the South Carolina Real Estate Appraisers Board, to provide for eight members to include one member representing an appraisal management company; and to redesignate Chapter 60, Title 40 as "Real Estate Appraisers and Appraisal Management Companies". See Act for effective date

Nurse Licensure Compact. Act No. 41 (R56, H. 3349) a bill to amend Article 15, Chapter 33, Title 40, Code of Laws of South Carolina, 1976, relating to the Nurse Licensure Compact, so as to revise the provisions of the compact to reflect changes mandated for membership in the compact. Effective May 10, 2017

Criminal Background Check Requirements of Real Estate Commission.  Act No. 60 (R93, H. 3041) an act to amend § 40-57-115, as amended, Code of Laws of South Carolina, 1976, relating to criminal background checks required for initial licensures by the Real Estate Commission, so as to require these background checks for licensure renewals and to require background checks to be fingerprint-based; to amend § 40-57-340, relating to licensure renewal requirements for real estate salespersons, brokers, and brokers-in-charge, so as to make conforming changes; to amend § 40-57-710, relating to grounds for license denial and discipline, so as to include failure to disclose civil judgments brought on grounds of fraud, misrepresentation, or deceit; and to amend § 40-57-510, relating to property managers and property managers-in-charge, so as to require fingerprint-based background checks for applicants and every third renewal, and to provide licensees be placed on inactive status for failing to submit to required criminal background checks. Effective May 19, 2017

Real-Estate Commission Authority. Act No. 77 (R114, H. 3861)  an act to amend § 40-57-120, as amended, Code of Laws of South Carolina, 1976, relating to the authority of the Real Estate Commission to recognize nonresident real estate licenses on active status from other jurisdictions which reciprocate, so as to provide the commission may enter into reciprocal agreements with real estate regulatory authorities of other jurisdictions that provide waivers of education requirements or examinations if the commission considers the education and examination requirements of the other jurisdiction to be substantially equivalent to the requirements of the commission.  Effective May 19, 2017

Δ Back to top

Title 41 – Labor and Employment

Bonds. Act No. 53 (R73, S. 621) an act to amend § 41-43-100, Code of Laws of South Carolina, 1976, relating to the issuance of bonds by the South Carolina Jobs-Economic Development Authority, so as to provide for certain notice requirements before the bonds may be issued. Effective May 16, 2019

DEW Director appointment. Act No. 103 (R26, S. 540) an act to provide that the State Department of Employment and Workforce Review Committee may nominate less than three qualified candidates for the position of executive director of the Department of Employment and Workforce for the Governor's consideration until the current vacancy in the position of executive director is filled or July 1, 2019, whichever occurs first. Effective April 3, 2019

Δ Back to top

Title 42 – Workers' Compensation

Workers' Compensation Burial Expenses. Act No. 38 (R61, H. 3879) a bill to amend § 42-9-290, Code of Laws of South Carolina, 1976, relating to the maximum amount of burial expenses payable under workers' compensation laws for accidental death, so as to increase the maximum payable amount to seventy-five hundred dollars. Effective May 10, 2017

Δ Back to top

Title 44 – Health

Alzheimer's Disease and Related Disorders Resource Coordination Center. Act No. 20 (R32, S. 205) an act to amend § 44-36-320, as amended, Code of Laws of South Carolina, 1976, relating to the duties of the Alzheimer's Disease and Related Disorders Resource Coordination Center, so as to provide for an additional duty to facilitate and coordinate early detection educational initiatives for health care providers. Effective April 26, 2019

Athletic Trainers' Act, definitions. Act No. 61 (R81, H. 3621) an act to amend § 44-75-20, Code of Laws of South Carolina, 1976, relating to terms defined in the Athletic Trainers' Act of South Carolina, so as to change the definition of "athletic trainer"; to amend § 44-75-50, relating to certification of athletic trainers, so as to revise the name of the required examination; to amend § 44-75-100, relating to employees of organizations that are considered athletic trainers, so as to add certain organizations; and to amend § 44-75-120, relating to penalties for violating a provision of the Act, so as to authorize the Department of Health and Environmental Control to take certain disciplinary actions, including the imposition of monetary penalties. Effective May 16, 2019

Health care decisions for unable to consent persons. Act No. 85 (R106, H. 3602) an act to amend § 44-66-30, Code of Laws of South Carolina, 1976, relating to persons authorized to make health care decisions for a patient who is unable to consent, so as to add an additional category of such persons and for other purposes; and to amend §s 44-26-40, 44-26-50, and 44-26-60, all relating to health care decision making for clients with intellectual disabilities or who are minors, so as to make technical corrections and conforming changes. Effective May 24, 2019

Neonatal testing. Act No. 55 (R75, H. 3036) an act to amend the Code of Laws of South Carolina, 1976, by adding § 44-37-35 so as to require neonatal testing for certain genetic disorders and diseases and for other purposes; and to amend § 44-37-30, relating to neonatal testing of children, so as to require the Department of Health and Environmental Control to establish a Newborn Screening Advisory Committee to review the desirability and advisability of including additional metabolic, genetic, and congenital disorders in certain neonatal testing. Effective May 16, 2019

Physician Orders for Scope of Treatment (POST) Act. Act No. 89 (R112, H. 4004) an act to amend the Code of Laws of South Carolina, 1976, to enact the "Physician Orders for Scope of Treatment (POST) Act" by adding Chapter 80 to Title 44 so as to enable certain persons to execute a POST form signed by a physician that sets forth the patient's wishes as to health care where the patient has been diagnosed with a serious illness or may be expected to lose capacity within twelve months; to require health care providers and health care facilities to accept a POST form as a valid medical order and to comply with the order, with exceptions; to require the Department of Health and Environmental Control to perform certain duties with respect to overseeing post forms and to promulgate regulations; to provide immunity from civil and criminal liability and from disciplinary action for certain persons acting in accordance with provisions of the Chapter; to allow a POST form to be revoked by the patient or patient's legal representative; and for other purposes. Effective May 24, 2019

Prescription monitoring program. Act No. 65 (R85, H. 3728) an act to amend the Code of Laws of South Carolina, 1976, by adding § 44-130-80 so as to require health care facilities to submit certain information to the Department of Health and Environmental Control (DHEC) for inclusion in the Prescription Monitoring Program when a person is administered an opioid antidote; to amend § 44-130-60, relating to the authority of first responders to administer opioid antidotes, so as to require first responders to submit certain information to DHEC for inclusion in the Prescription Monitoring Program; to amend § 44-53-1640, relating to the Prescription Monitoring Program, so as to require the Program to monitor the administering of opioid antidotes by first responders and in emergency health care settings; to amend § 44-53-1645, relating to the requirement of practitioners to review a patient's controlled substance prescription history before prescribing a Schedule II controlled substance, so as to also require a review of any incidents in which the patient has been administered an opioid antidote by a first responder or in an emergency health care setting; and to amend § 44-53-360, as amended, relating to prescriptions, so as to provide for the use of electronic prescriptions. Effective January 1, 2021

Δ Back to top

Title 46 – Agriculture

Agriculture Dept. Act No. 14 (R23, H. 3449) an act to amend Chapter 55, Title 46, Code of Laws of South Carolina, 1976, relating to industrial hemp cultivation, so as to remove references to the South Carolina Industrial Hemp Program, to define necessary terms, to prohibit the cultivation, handling, or processing of hemp without a hemp license issued by the South Carolina Department of Agriculture, to provide certain requirements for a hemp license, to exclude certain activities from the provisions of Chapter 55, and to establish corrective action plans for licensees who violate a provision of Chapter 55; to provide that the Commissioner of the South Carolina Department of Agriculture shall submit a state plan to the Secretary of the United States Department of Agriculture; and to provide that current licensees under the South Carolina Industrial Hemp Program may expand operations and authorize the Department to issue hemp licenses for certain applicants. Effective March 28, 2019

Δ Back to top

Title 47 – Animals, Livestock and Poultry

Animal cruelty and care. Act No. 43 (R63, S. 105) an act to amend the Code of Laws of South Carolina, 1976, by adding § 47-1-225 so as to require that magistrates and municipal court judges receive at least two hours of instructions on issues concerning animal cruelty every four years; to amend § 47-3-10, relating to definitions applicable to domestic pets, so as to define the term "litter"; to amend § 47-3-60, relating to the disposition of impounded animals, so as to authorize an animal shelter to turn over a litter of unidentifiable dogs or cats under certain circumstances; by adding § 47-1-145 so as to provide for the custody and care of an animal after the arrest of the animal's owner for charges related to animal cruelty; to amend § 56-3-9600, relating to the special fund to support local animal spaying and neutering programs, so as to establish certain procedures for the award of grants to spaying and neutering programs; to amend § 40-69-30, relating to a license to practice veterinary medicine, so as to provide that a veterinarian licensed in another jurisdiction may obtain an emergency limited license during an emergency or natural disaster; to amend §s 47-3-470, 47-3-480, and 47-3-490, all relating to the sterilization of dogs and cats, so as to remove references to "animal refuge" and replace it with "rescue organization". Effective May 16, 2019

Guide dogs. Act No. 44 (R64, S. 281) an act to amend the Code of Laws of South Carolina 1976, by adding §s 47-3-980 and 47-3-990 so as to provide that intentional misrepresentation of a service animal is unlawful, to establish penalties, and for other purposes; to amend § 56-7-10, relating to offenses for which uniform traffic tickets must be used, so as to add the offense of misrepresenting service animals; to amend § 47-3-920 and 47-3-970, relating to terms defined in Layla's Law and restitution requirements, respectively, so as to make conforming changes; and to amend § 31-21-70, relating to fair housing applications, so as to allow landlords to ask certain questions regarding a tenant's or prospective tenant's animal for purposes of reasonable accommodations. Effective May 16, 2019

Meat. Act No. 79 (R99, H. 4245) an act to amend the Code of Laws of South Carolina, 1976, by adding Article 5 to Chapter 17, Title 47 so as to provide it is unlawful to advertise, sell, label, or misrepresent as "meat" or "clean meat" all or part of a carcass that is cell-cultured meat/protein, or is not derived from harvested production livestock, poultry, fish, or crustaceans, to provide that this provision does not apply to plant-based meat substitutes, and to provide a penalty. Effective May 16, 2019

Δ Back to top

Title 48 - Environmental Protection and Conservation

Coastal management program development. Act No. 28 (R58, H. 3698) an act to amend § 48-39-80, Code of Laws of South Carolina, 1976, relating to the development of the Coastal Management Program, so as to deem certain coastal zone consistency certifications approved within thirty days of an administratively complete application. Effective May 13, 2019

Critical area altering, permits and fees. Act No. 29 (R59, H. 3699) an act to amend § 48-39-145, Code of Laws of South Carolina, 1976, relating to application fees for permits to alter critical areas, so as to authorize the South Carolina Department of Health and Environmental Control to defer to the United States Army Corps of Engineers in determining the size of a private recreational dock constructed on the Atlantic Intracoastal Waterway Federal Navigation Project. Effective May 13, 2019

Geological Survey Unit. Act No. 75 (R95, H. 4013) an act to amend § 48-22-10, Code of Laws of South Carolina, 1976, relating to the creation of the State Geological Survey Unit, so as to change certain requirements for the State Geologist; to amend § 48-22-30, relating to the powers and duties of the State Geologist, so as to require that the State Geologist become familiar with geologic hazards throughout the State; and to amend § 48-22-40, relating to the duties of the State Geological Survey Unit, so as to establish new duties for the Unit and remove certain mapping duties. Effective May 16, 2019

Land Resources Conservation Commission. Act No. 74 (R94, H. 4012) an act to amend §s 48-9-15 and 48-9-30, Code of Laws of South Carolina, 1976, both relating to definitions applicable to Chapter 9, Title 48, so as to redefine the term "division", define the term "board", and expand the definition of "the United States"; to amend § 48-9-45, relating to the Land, Resources, and Conservation Districts Division, so as to update the name of the division; to amend § 48-9-50, relating to agencies operating public lands, so as to delete a reference to certain land use regulations; to amend § 48-9-220, relating to geographic areas for the State Land Resources Conservation Commission, so as to reformat the State Land Resources Conservation Commission into the Land, Water, and Conservation Division Advisory Committee; to amend § 48-9-310, relating to estimates of financial needs for soil and water conservation districts, so as to remove unnecessary statutory requirements that are now accomplished through the budgeting process; to amend § 48-9-1220, relating to the nomination and election of commissioners, so as to update an existing reference to reflect the role of the state election commission to determine electors; to amend § 48-9-1250, relating to the use of county agricultural agents, so as to remove references to discontinued practices; to amend § 48-11-10, relating to definitions applicable to watershed conservation districts, so as to alter the definition of the term "division"; to repeal § 48-9-40 relating to the renaming of the State Land Resources Conservation Commission; to repeal § 48-9-230 relating to advisors to the Land Resources and Conservation Districts Division of the Department of Natural Resources; to repeal Article 13 of Chapter 9, Title 48 relating to land use regulations; and to repeal Article 15 of Chapter 9, Title 48 relating to the board of adjustment for a newly organized Soil and Water Conservation District. Effective May 16, 2019

State forest land revenues shared with counties. Act No. 59 (R79, H. 3383) an act to amend § 48-23-260, Code of Laws of South Carolina, 1976, relating to sharing state forest land revenues with counties, so as to exclude the proceeds from land rentals from the proceeds to be shared with the counties. Effective July 1, 2019

Δ Back to top

Title 49 - Waters, Water Resources and Drainage

Water resource planning and coordination. Act No. 73 (R93, H. 4011) an act to amend § 49-3-40, Code of Laws of South Carolina, 1976, relating to the Department of Natural Resources' duties in regards to water resource planning and coordination, so as to make statutory changes to reflect the duties of the Department; and to amend § 49-3-50, relating to matters to be considered by the Department in exercising its authority under the Water Resources Planning and Coordination Act, so as to revise these matters. Effective May 16, 2019

Δ Back to top

Title 50 - Fish, Game and Watercraft

Deer hunting. Act No. 19 (R29, H. 3750) an act to amend § 50-9-650, Code of Laws of South Carolina 1976, relating to deer hunting, so as to revise that number of antlerless deer tags that may be issued by the Department of Natural Resources under certain circumstances; and to amend § 50-11-390, relating to the Department of Natural Resources' authority to regulate the taking of deer, so as to delete the provision that requires the Department to establish a minimum number of antlerless days in the State's game zones. Effective April 3, 2019

Hunting and taking of wild turkey. Act No. 51 (R71, S. 575) an act to amend § 50-11-544, Code of Laws of South Carolina, 1976, relating to wild turkey hunting and transportation tags, so as to delete the term "wild turkey transportation tags" and replace it with the term "wild turkey tag", to provide the tag will no longer be issued at no cost, and to revise the number of tags residents and nonresidents may obtain or possess; to amend § 50-11-580, relating to the season for the hunting and taking of male wild turkey, the establishment of youth turkey hunting weekend, bag limits, and an annual report, so as to revise the season for hunting and taking a male wild turkey, to revise the bag limits, to delete the provision establishing Youth Turkey Hunting Weekend, to provide for the taking of female wild turkeys, and to delete an obsolete provision; by adding § 50-11-590 so as to provide for Youth Turkey Hunting Weekend; to amend § 50-9-920, as amended, relating to revenues from the sale of privileges, licenses, permits, and tags, so as to provide that revenue generated from resident and nonresident wild turkey tags shall be used for certain purposes; by adding § 50-9-640 so as to provide fees for wild turkey tags; by adding § 50-11-546 so as to provide for an Electronic Harvest Reporting System, and requirements for reporting the harvest of a wild turkey; to amend § 50-9-1120, relating to the point system established for violations of certain provisions of law, so as to provide failing to report the harvest of wild turkey is a six point violation; to repeal § 50-11-520 relating to wild turkey season and the declaration of open or closed seasons; and to repeal § 7 of Act 41 of 2015 relating to the hunting and taking of wild turkey. See Act for Effective Date

Trawling restriction areas. Act No. 78 (R98, H. 4239) an act to amend § 50-5-715, Code of Laws of South Carolina, 1976, relating to trawling restriction areas within the general trawling zone, so as to provide that a certain area is closed to trawling from May first through September fifteenth and to remove language concerning this area. Effective May 16, 2019

Δ Back to top

Title 51 - Parks, Recreation and Tourism

Heritage Trust program. Act No. 72 (R92, H. 4010) an act to amend § 51-17-140, Code of Laws of South Carolina, 1976, relating to the maximum acreage that may be acquired under the Heritage Trust Program, so as to remove the maximum acreage limitation. Effective May 16, 2019

Powers and duties; provide new duties for Parks, Recreation and Tourism. Act No. 76 (R96, H. 4020) an act to amend § 51-1-60, Code of Laws of South Carolina, 1976, relating to the powers and duties of the Department of Parks, Recreation and Tourism, so as to provide new duties for the Department; and to repeal Article 3 of Chapter 1, Title 51 relating to the Division of Community Development. Effective May 16, 2019

Δ Back to top

Title 53 - Sundays, Holidays and Other Special Days

Barbers’ Day. Act No. 30 (R43, S. 12) an act to amend the Code of Laws of South Carolina, 1976, by adding § 53-3-225 so as to designate the third Wednesday in February of each year as "Barbers' Day" in South Carolina. Effective May 13, 2019

Δ Back to top

Title 56 - Motor Vehicles

Driver's license. Act. No 86 (R107, H. 3789) an act to amend §s 56-1-35, 56-1-40, 56-1-140, 56-1-210, 56-1-2100, 56-1-3350, and 56-1-2080, Code of Laws of South Carolina, 1976, relating to the issuance, renewal, and expiration of certain drivers' licenses, beginners' permits, commercial driver licenses, and special identification cards, the placement of a veteran designation on a driver's license or special identification card, and the issuance of commercial driver licenses and commercial driver instruction permits, so as to revise the period in which drivers' licenses, certain commercial driver licenses, and commercial driver instruction permits are valid, to revise the fees to obtain driver's licenses, certain commercial driver licenses, and special identification cards, to revise the documents that must be provided to the department of motor vehicles to obtain a veteran designation on a driver's license or a special identification card, to make technical changes, to provide that a person is permitted to have only one driver's license or identification card, and to delete the provision that pertains to the renewal or reissuance of a commercial driver instruction permit. Effective November 24, 2019

Special License Plates. Act No. 22 (R34, S. 514) an act to amend Article 140 of Chapter 3, Title 56, Code of Laws of South Carolina, 1976, relating to the issuance of Clemson University 2018 Football National Champions special license plates by the Department of Motor Vehicles, so as to provide for the issuance of "Clemson University 2018 Football National Champions" special license plates by the Department of Motor Vehicles. Effective April 26, 2019

Transfer and surrender of vehicles. Act No. 17 (R27, H. 3310) an act to amend § 56-19-480, Code of Laws of South Carolina, 1976, relating to the transfer and surrender of certificates of title, license plates, registration cards, and manufacturers' special plates for vehicles sold as salvage, abandoned, scrapped, or destroyed, so as to provide a procedure for an insurance company or its agent to obtain a certificate of title for a vehicle from the Department of Motor Vehicles when a claimant fails to deliver the title to the insurance company or its agent under certain circumstances. Effective April 3, 2019

Δ Back to top

Title 57 – Highways, Bridges and Ferries

Highway system construction. Act No. 36 (R49, S. 401) an act to amend the Code of Laws of South Carolina, 1976, by adding § 57-5-880 so as to define certain terms, provide an entity undertaking a transportation improvement project shall bear the costs related to relocating water and sewer lines, to provide the requirements for utilities to be eligible for relocation payments, and to provide a sunset provision. Effective May 13, 2019

Δ Back to top

Title 58 – Public Utilities, Services and Carriers

Automatic repeal of statutory provisions requiring certain coal combustion residuals to be placed in class 3 landfill. Act No. 27 (R40, H. 3483) an act to repeal § 3 of Act 138 of 2016 relating to the automatic repeal of statutory provisions requiring certain coal combustion residuals be placed in a class 3 landfill. Effective April 26, 2019

Samantha L. Josephson Ridesharing Safety Act. Act No. 82 (R102, H. 4380) an act to amend § 58-23-1640, Code of Laws of South Carolina, 1976, relating to the safety inspection of Transportation Network Company (TNC) vehicles, so as to require TNC vehicles in this state to display license plate numbers from the front, to establish additional requirements regarding the front-displayed license plate numbers, and to establish misdemeanor offenses for misrepresenting oneself as an authorized TNC driver and knowingly using TNC trade dress or TNC ridesharing applications in the furtherance of criminal activity. Effective June 15, 2019

SC Energy Freedom Act. Act No. 62 (R82, H. 3659) an act to amend the Code of Laws of South Carolina, 1976, by adding Chapter 41 to Title 58 entitled "Renewable Energy Programs" so as to define relevant terms, to provide review and approval proceedings by the Public Service Commission for electrical utilities' avoided cost methodologies, standard offers, form contracts, and commitment to sell forms, and to establish voluntary renewable energy programs; by adding § 58-27-845 so as to enumerate specific rights owed to every electrical utility customer in South Carolina; to amend § 58-40-10, relating to definitions applicable to net energy metering, so as to revise the definition of "customer-generator", and to define "solar choice metering measurement"; to amend § 58-40-20, relating to net energy metering rates, so as to declare the intent of the General Assembly, to require net energy metering, and to establish additional requirements for the Public Service Commission; to amend § 58-27-2610, relating to leases of renewable electric generation facilities, so as to, among other things, remove the solar leasing cap; to amend § 58-37-40, relating to integrated resource plans, so as to, among other things, establish mandatory contents of integrated resource plans and provide for certain reporting requirements; by adding § 58-37-60 so as to authorize an independent study to evaluate the integration of renewable energy and emerging energy technologies into the electric grid; to amend § 58-33-110, relating to required preconstruction certifications for major utility facilities, so as to provide that a person may not begin construction of a major utility facility without first having made a demonstration that the facility to be built has been compared to other generation options in terms of cost, reliability, and other regulatory implications deemed legally or reasonably necessary for consideration by the commission; to amend § 58-27-460, relating to the promulgation of standards for interconnection of renewable energy, so as to, among other things, require the Public Service Commission to periodically review the Standards for Interconnection and Parallel Operation of Generating Facilities to an electrical utility's distribution and transmission system; by adding § 58-27-2660 so as to require the Office of Regulatory Staff and the Department of Consumer Affairs to develop consumer protection regulations regarding the sale or lease of renewable energy generation facilities; to amend § 58-4-10, as amended, relating to the Office of Regulatory Staff, so as to provide that the Office of Regulatory Staff must be considered a party of record in all filings, applications, or proceedings before the Public Service Commission; and to amend § 58-4-100, relating to the employment of expert witnesses, so as to exempt the Office of Regulatory Staff from the State Procurement Code in the selection and employment of certain expert witnesses and third-party consultants. Effective May 16, 2019

Δ Back to top

Title 59 – Education

Abbeville County School District No. 60. Act No. 105 (R41, H. 3819) an act to amend Act 755 of 1988, relating to Abbeville County School District No. 60, so as to provide that the school district board of trustees shall have total fiscal autonomy. Effective May 1, 2019. Effective May 1, 2019

Chesterfield County School District. Act No. 108 (R57, H. 3346) an act to amend Act 205 of 1993, as amended, relating to the District Board of Education of the Chesterfield County School District, so as to revise the filing period for declarations of candidacy. Effective May 13, 2019

Clarendon County Board of Education. Act No. 109 (R35, S. 735) an act to abolish the Clarendon County Board of Education; to amend Act 593 of 1986, as amended, relating to the Board of Trustees of School District No. 1 and School District No. 2 in Clarendon County, so as to provide that the Clarendon County legislative delegation makes four appointments to the Board of Trustees of School District No. 1 in Clarendon County and nine appointments to the Board of Trustees of School District No. 2 in Clarendon County; and to repeal certain local provisions inconsistent with this Act. Effective May 7, 2019

Degree curriculum requirements. Act No. 102 (R18, H. 3697) a joint resolution to provide that notwithstanding the provisions of Regulation 62-6-(d), South Carolina Code of Regulations, relating to the requirement that at least twenty-five percent of curriculum requirements for certain academic programs must be earned through instruction by the institution awarding the degree, the Commission on Higher Education may grant alternate program completion options to students impacted by the closure of Six Education Corporation of America, Inc., higher education providers in South Carolina in 2018. See Act for Effective Date

Reporting requirements. Act No. 99 (R2, S. 168) a joint resolution to provide the State Department of Education shall develop recommendations for reducing and streamlining the amount of paperwork and reporting requirements of teachers, schools, and school districts, to provide requirements for the content of these recommendations, and to provide the Department shall report its recommendations to the General Assembly before August 1, 2019. Effective February 21, 2019

Technical College Enterprise Campus Authorities. Act No. 2 (R3, S. 228) an act to amend § 59-53-2410, Code of Laws of South Carolina, 1976, relating to the Technical College Enterprise Campus Authorities, so as to create the Tri-County Technical College Enterprise Campus Authority. Effective February 21, 2019

Tucker Hipps Transparency Act. Act No. 24 (R37, H. 3398) an act to amend Act 265 of 2016, relating to the establishment of the " Tucker Hipps Transparency Act ", so as to permanently authorize the Act and to repeal the three-year sunset provision. Effective April 26, 2019

Tuition rates, military personnel and their dependents. Act No. 10 (R17, H. 3639) an act to amend § 59-112-50, Code of Laws of South Carolina, 1976, relating to military personnel and their dependents who are entitled to pay in-state tuition and fees without regard to the length of time they have resided in this State, so as to expand the categories of individuals covered by these provisions to conform with certain changes in federal law. Effective March 20, 2019

Waived school days. Act No. 100 (R42, H. 3929) a joint resolution to provide that during the 2018-2019 school year, local school districts may waive makeup days in addition to the three days forgiven pursuant to § 59-1-425 by the local school district for any days missed during the 2018-2019 school year because of snow, extreme weather conditions, or other disruptions requiring schools to close; and to provide the provisions of this joint resolution apply notwithstanding the provisions of § 59-1-425 or another provision of law that requires school districts to request a waiver from the State Board of Education. Effective April 26, 2019

Δ Back to top

Title 63 - South Carolina Children's Code

Birth certificates prepared after a paternity determination. Act No. 42 (R62, S. 21) an act to amend § 63-17-70, Code of Laws of South Carolina, 1976, relating to court orders determining that a putative father is the legal father, so as to require that the child's birth certificate be amended and for other purposes; to amend § 44-63-163, relating to birth certificates prepared after a paternity determination, so as to make conforming changes; and to amend § 44-1-310, relating to the Maternal Morbidity and Mortality Review Committee, so as to change the operation of the Committee by assigning certain responsibilities to staff of the Department of Health and Environmental Control, to provide funding contingencies, and for other purposes. Effective May 16, 2019

Childcare facilities. Act No. 52 (R72, S. 595) an act to amend § 63-13-40, Code of Laws of South Carolina, 1976, relating to background checks for childcare facility employment, so as to provide that childcare facilities and federally subsidized childcare providers may not employ a caregiver or other staff if that person is registered or required to register on the National Sex Offender Registry, State Sex Offender Registry, or Central Registry of Child Abuse and Neglect, or has been convicted of certain offenses, to require employees to undergo certain background checks, to authorize the South Carolina Law Enforcement Division and the Federal Bureau of Investigation to retain, store, and share background check records, to provide a fee for background checks, and for other purposes; to amend § 63-13-50, relating to fingerprint review exemptions, so as to change the period of time during which the exemption applies; to amend §s 63-13-420 and 63-13-430, relating to licensing or renewal requirements for private childcare centers and group childcare homes, so as to make conforming changes, to require certain background checks for older youth residing in group family childcare homes, and for other purposes; to amend §s 63-13-620 and 63-13-630, relating to issuance or renewal of a statement of approval for public childcare centers and group childcare homes, so as to make conforming changes; to amend §s 63-13-810, 63-13-820, and 63-13-830, all relating to family childcare home registration issuance or renewal requirements, so as to make conforming changes and to require certain background checks for older youth residing in family childcare homes; to amend § 63-13-1010, relating to church and religious center registration issuance or renewal requirements, so as to make conforming changes; by adding Article 10 to Chapter 13, Title 63 so as to prohibit individuals on the Sex Offender Registry from working, with or without compensation, with minors, with exceptions; and for other purposes. Effective May 16, 2019

Δ Back to top