This issue of the Legislative Update is a comprehensive review of all legislation passed by the General Assembly during the 2023 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.
Department of Behavioral and Public Health
Act No. 60 (R70, S.399)
An Act to amend the South Carolina Code of Laws by amending Section 44-1-20, relating to the Department of Health and Environmental Control, so as to provide for the creation of a Department of Public Health to assume the health-related functions of the Department of Health and Environmental Control and for other purposes; by amending Sections 44-1-60, 44-1-140, and 44-1-150, all relating to the Department of Health and Environmental Control, all so as to make conforming changes; by repealing Sections 1-30-45 and 44-1-65 relating to the Department of Health and Environmental Control and the permitting of certain animal facilities; by renaming Chapter 1 of Title 44, "Department of Public Health"; by adding Chapter 6 to Title 48 so as to create the Department of Environmental Services to assume the environmental-related functions of the Department of Health and Environmental Control, to provide for the appointment of a Director by the governor, and for other purposes; by amending Chapter 3 of Title 49, relating to water resources, so as to transfer the Water Resources Division of the Department of Natural Resources to the Department of Environmental Services and for other purposes; by amending Section 1-30-10, relating to Departments of State government, so as to add the Department of Public Health and the Department of Environmental Services; by adding Sections 1-30-135 and 1-30-140 so as to make conforming changes; by adding Article 7 to Chapter 11, Title 25 so as to transfer to the Department of Veterans' Affairs the authority to establish and operate veterans homes; by adding Chapter 57 to Title 46 so as to create the Division of Food Safety within the Department of Agriculture and to transfer certain food safety responsibilities from the Department of Health and Environmental Control to the Department of Agriculture; by amending Section 24-9-20, relating to certain food inspections in prison facilities, so as to transfer inspection responsibility to the Department of Agriculture; by amending Section 39-37-120, relating to frozen milk product consumer safety, so as to transfer responsibility to the Department of Agriculture; by amending Section 1-23-600, relating to contested case hearings decided by certain Boards or Commissions, so as to make conforming changes; by requiring the Department of Administration to perform certain functions to effect the restructuring of the Department of Health and Environmental Control and the creation of the Department of Public Health and Department of Environmental Services, including the analysis of the programs, services, and populations served by the predecessor agencies and the preparation of reports summarizing the analysis and making recommendations as to the appropriate structure and operation of the restructured State agencies; and for other purposes.
Effective May 19, 2023
Official Carnivorous Plant
Act No. 11 (R19, S.581)
An Act to amend the South Carolina Code of Laws by adding Section 1-1-661 so as to name the Venus Flytrap the Official Carnivorous Plant of the State.
Effective May 8, 2023
Code Volume Adoptions
Act No. 4 (R7, H.3741)
An Act to adopt revised code Volume 13a of the South Carolina Code of Laws, to the extent of its contents, as the only General Permanent Statutory Law of the State as of January 1, 2023.
Effective Date March 20, 2023
Municipal Audit
Act No. 71 (R63, S.31)
An Act to amend the South Carolina Code of Laws by amending Section 5-7-240, relating to independent audits of municipal financial records and transactions, so as to allow municipalities with less than $500,000 in total revenues to provide a compilation of financial statements; by amending Section 14-1-208, relating to fines and assessments, so as to include references to filing a compilation of financial statements; and by amending Section 4-9-150, relating to audits of county records, so as to allow for a filing extension in certain circumstances.
Effective June 7, 2023
Dorchester School District 2
Act No. 96 (R8, H.3961)
An Act to amend Act 535 of 1982, as amended, relating to the election of the seven members of the board of trustees of Summerville School District 2 of Dorchester County, so as to change the method of electing from at-large to single-member districts, to designate a map number on which these single-member election districts are delineated, to change the candidate filing method, and to provide demographic information for the newly drawn election districts.
Effective March 20, 2023
Municipal Audit
Act No. 71 (R63, S.31)
An Act to amend the South Carolina Code of Laws by amending Section 5-7-240, relating to independent audits of municipal financial records and transactions, so as to allow municipalities with less than $500,000 in total revenues to provide a compilation of financial statements; by amending Section 14-1-208, relating to fines and assessments, so as to include references to filing a compilation of financial statements; and by amending Section 4-9-150, relating to audits of county records, so as to allow for a filing extension in certain circumstances.
Effective June 7, 2023
Economic Development
Act No. 87 (R78, H.3209)
A joint resolution to extend certain governmental approvals affecting economic development within the state.
Effective May 19, 2023
Edgefield County Water and Sewer Authority
Act No. 44 (R52, H.3905)
An Act to amend the South Carolina Code of Laws by amending Section 6-13-920, relating to the Edgefield County Water and Sewer Authority, so as to provide for filling a board vacancy for physical or mental incapacitation or nonattendance; and by amending Section 6-13-1010, relating to penalties for injuring or destroying facilities of the Edgefield County Water and Sewer Authority, so as to increase penalties.
Effective May 16, 2023
Development of Workforce Housing
Act No. 57 (R66, S.284)
An Act to amend the South Carolina Code of Laws by amending Section 6-1-530, relating to use of revenue from local Accommodations Tax, so as to provide that the Development of Workforce Housing is one of the purposes for which local Accommodations Taxes may be used; by amending Section 6-4-10, relating to the use of certain revenue from the Accommodations Tax, so as to provide that the Development of Workforce Housing is one of the purposes for which the funds may be used; by amending Section 6-4-15, relating to the use of revenues to finance bonds, so as to provide that the Development of Workforce Housing is one of the purposes for which bonds may be issued; by adding Section 6-4-12 so as to require a local government to prepare a housing impact analysis before using such funds for workforce housing; by amending Sections 6-4-5 and 6-1-510, relating to definitions, so as to add certain definitions; by amending Section 6-29-510, relating to local planning, so as to require the Planning Commission must solicit input for the analysis from homebuilders and other experts when developing a housing element for the local comprehensive plan; to create the Land Development Study Committee to examine current and prospective methods to plan for and manage land development; and to require a report detailing the effects of this Act on tourism and workforce housing.
Effective May 19, 2023
Barnwell County School Districts, consolidation
Act No. 92 (R.11, S.654)
An Act to consolidate Barnwell School District 45, Barnwell County Consolidated School District, and Barnwell County School District 80 into one School District to be known as the Barnwell County School District; to abolish Barnwell County School District 45, Barnwell County Consolidated School District, and Barnwell County School District 80 on July 1, 2024; to provide that the Barnwell County School District must be governed by a Board of Trustees consisting of five members, which initially must be appointed by the Barnwell County legislative delegation, and beginning with the 2024 general election, each of the five members of the Barnwell County School District must be elected from single-member election districts as delineated on a designated map number on file with the Revenue and Fiscal Affairs Office; to provide that the members of the Barnwell County School District Board of Trustees must be elected in nonpartisan elections conducted at the same time as the 2024 general election and every four years thereafter, except as provided in this Act to stagger the members' terms; to provide demographic information for the newly drawn election districts; to establish the Board's powers, duties, and responsibilities; to provide that the District Superintendent is the Chief Operating Officer of the District and is responsible to the Board for the proper administration of all affairs of the District and subject to all other provisions of law relating to his duties; to include interim millage provisions for years 2024 and 2025; and to provide that beginning in 2026, the Barnwell County School District shall have total fiscal autonomy.
Effective April 25, 2023