2023 Legislative Update

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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.

Requests for Legislation
When requesting legislation, please refer to the Act number. Please direct requests for legislation to Marla Wood, South Carolina Bar, P.O. Box 608, Columbia SC 29202, (803) 576.3782, marla.wood@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, 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.

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Title 1 - Administration of the Government

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

Title 2 - General Assembly

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

Title 4 - Counties

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

Title 5 - Municipal Corporations

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

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

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

Title 7 - Elections

Lancaster County Precincts
Act No. 14 (R22, H.4099)
An Act to amend the South Carolina Code of Laws by adding Section 7-7-350, relating to the designation of voting precincts in Lancaster County, so as to remove two existing precincts, to add two new precincts, and to redesignate the map number on which these precincts may be found on file with the revenue and fiscal affairs office.
Effective May 8, 2023

Spartanburg County Voting Precincts

Act No. 48 (R58, H.4177)
An Act to amend the South Carolina Code of Laws by amending Section 7-7-490, relating to designation of voting precincts in Spartanburg County, so as to delete certain precincts, add new precincts, and to redesignate the map number on which these precincts may be found on file with the revenue and fiscal affairs office.
Effective July 1, 2023

Beaufort County Voting Precincts
Act No. 82 (R101, H.4217)
An Act to amend the South Carolina Code of Laws by amending Section 7-7-110, relating to designation of voting precincts in Beaufort County, so as to revise the names of certain precincts, add new precincts, remove precincts, and to redesignate the map number on which these precincts may be found on file with the revenue and fiscal affairs office.
Effective January 1, 2024

Cherokee County Voting Precincts
Act No. 50 (R60, H.4350)
An Act to amend the South Carolina Code of Laws by amending Section 7-7-160, relating to designation of voting precincts in Cherokee County, so as to redesignate the map number on which these precincts may be found on file with the revenue and fiscal affairs office.
Effective May 16, 2023

Hilton Head Redistricting
Act No. 93 (R93, S.335)
An Act to amend Act 596 of 1969, as amended, relating to the membership of the Hilton Head No. 1 Public Service District Commission, to provide for seven apportioned election districts, and to provide for the election of candidates in 2024 and 2026.
Effective June 19, 2023

Composition of Williamsburg County School District Board of Trustees
Act No. 100 (R69, S.360)
An Act to amend Act 471 of 2002, as amended, relating to the Williamsburg County School District Board of Trustees, so as to require candidates seeking election to submit a statement of candidacy rather than signed petitions.
Effective May 18, 2023

Certificates of Ascertainment of Appointment of Electors
Act No. 27 (R34, S.405)
An Act to amend the South Carolina Code of Laws by amending Section 7-19-70, relating to Certificates of Ascertainment of Appointment of Electors, so as to require the governor to transmit to the Archivist of the United States a Certificate of Ascertainment of Appointment of Electors at least six days before the meeting of the Electors; by amending Section 7-19-90, relating to the meeting of Electors, so as to revise the time fixed for the meeting; and by amending Section 7-19-100, relating to the disposition of Certificates of Ascertainment of Appointment of Electors, so as to revise the manner of disposition.
Effective May 16, 2023

Jasper County Voting Precincts
Act No. 52 (R73, S.564)
An Act to amend the South Carolina Code of Laws by amending Section 7-7-330, relating to the designation of voting precincts in Jasper County, so as to add one 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 18, 2023

Orangeburg County Precincts
Act No. 12 (R 20, S.593)
An Act to amend the South Carolina Code of Laws by amending Section 7-7-440, relating to the designation of voting precincts in Orangeburg County, so as to redesignate the map number on which these precincts may be found on file with the Revenue and Fiscal Affairs office.
Effective May 8, 2023

York County Precincts
Act No. 53 (R75, S.639)
An Act to amend the South Carolina Code of Laws by amending Section 7-7-530, relating to designation of voting precincts in York County, so as to add new precincts, and to redesignate the map number on which these precincts may be found on file with the Revenue and Fiscal Affairs Office.
Effective May 18, 2023

Election Protest Deadlines
Act No. 18 (R23, S.92)
An Act to amend the South Carolina Code of Laws by adding Section 7-17-110 so as to provide for the extension of an election protest filing deadline which falls on a legal holiday.
Effective May 16, 2023

Title 8 - Public Officers and Employees

Paid Family Leave
Act No. 17 (R53, H.3908)
An Act to amend the South Carolina Code of Laws by adding Section 8-11-151 so as to define terms and to provide paid parental leave upon a qualifying event for eligible school district employees; and by adding Section 8-11-156 so as to define terms and to provide paid parental leave upon the initial placement of a child by adoption for eligible school district employees.
Effective June 26, 2023

Title 9 - Retirement Systems

Death Benefits for Law Enforcement Killed in the Line of Duty
Act No. 75 (R61, S.108)
An Act to amend the South Carolina Code of Laws by amending Section 9-1-1770, relating to preretirement death benefit programs under the South Carolina Retirement System, so as to provide for a death benefit for law enforcement officers killed in the line of duty, to provide for the amount of the benefit, to provide who shall receive the death benefit payment, and to provide the source of the revenue for the payment; by amending Section 9-11-120, relating to a preretirement death benefit program under the Police Officers Retirement System, so as to provide for a death benefit for law enforcement officers killed in the line of duty, to provide for the amount of the benefit, to provide who shall receive the death benefit payment, and to provide the source of the revenue for the payment; by amending Section 42-7-90, relating to expenditures from the State Accident Fund, so as to add First Responder Line of Duty Death Benefit"; and by adding Section 42-7-220 so as to establish the South Carolina First Responder Line of Duty Death Benefit Fund.
Effective June 19, 2023

Title 11 - Public Finance

Capital Reserve Fund
Act No.86 (R103, H.4301)
A Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 2022-2023, and to allow unexpended funds appropriated to be carried forward to succeeding fiscal years and expended for the same purposes.
Approved May 16, 2023

Title 12 - Taxation

Omnibus Tobacco Enforcement Act of 2023
Act No.38 (R46, H.3681)
An Act to amend the South Carolina Code of Laws by adding Section 44-95-45 so as to provide that political subdivisions of this state may not enact any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing of cigarettes, electronic smoking devices, e-liquid, vapor products, or tobacco products and to provide that such laws, ordinances, and rules enacted by a political subdivision prior to December 31, 2020, are not subject to the preemption imposed by this Act; by amending Sections 16-17-500, 16-17-501, 16-17-502, 16-17-503, 16-17-504, and 16-17-506, relating to the prevention of youth access to tobacco and other nicotine products, so as to change the definition of "tobacco product" and add definitions for "tobacco retail establishment" and "tobacco retailer"; to prohibit minors from entering a tobacco retail establishment; to change certain penalties for tobacco retailer violations; to require tobacco retailers to secure and display a tobacco retail sales license from the Department of Revenue and to establish an associated fee and penalty for violations; to make technical corrections; and for other purposes; by amending Section 59-1-380, relating to the mandatory public school tobacco-free campus policy, so as to make conforming changes; and by adding Section 12-36-511 so as to require retailers to provide the department of revenue certain tobacco-related information in their retail license applications.
Effective August 14, 2023

Internal Revenue Code Conformity
Act. 46 (R56, H.4017)
An Act to amend the South Carolina Code of Laws by amending Section 12-6-40, relating to application of the Federal Internal Revenue Code to State tax laws, so as to update the reference to the Internal Revenue Code to the year 2022 and to provide that if the Internal Revenue Code Sections adopted by this State are extended, then these Sections also are extended for South Carolina income tax purposes.
Effective May 16, 2023

SC Housing Tax Credit
Act No. 88 (R76, S.739)
A Joint Resolution providing for a one-time authorization for use of certain remaining South Carolina housing tax credits provided pursuant to Section 1.b.1 of Act 202 of 2022, certain remaining South Carolina housing tax credits authorized pursuant to Section 12-6-3795 for the tax year ending December 31, 2023, certain federal low-income housing credits, and not exceeding $25 million in one-time, nonrecurring funding from the South Carolina Housing Trust Fund established pursuant to Article 4 of Chapter 13, Title 31 of the South Carolina code, all for the limited purpose of providing supplemental financial support to address escalations and other costs for certain multifamily housing developments.
Effective May 19, 2023

Title 14 - Courts

Title 15 - Civil Remedies and Procedures

Structured Settlement Payments
Act No. 22 (R29, S.259)
An Act to amend the South Carolina Code of Laws by amending Section 15-50-20, relating to definitions for purposes of the Structured Settlement Protection Act, so as to provide additional definitions; by adding Section 15-50-25 so as to provide a list of acts in which a structured settlement purchase company cannot engage; by amending Section 15-50-30, relating to disclosure statements, so as to add to the list of items which must be disclosed to the payee by the structured settlement purchase company; by amending Section 15-50-40, relating to approval by final court order, so as to add factors which the court must consider in determining if the transfer of the structured settlement payment rights is in the best interest of the payee; by amending Section 15-50-50, relating to rights and obligations of a structured settlement obligor, annuity issuer, and transferee, so as to provide when certain parties will be discharged from liability; by amending Section 15-50-60, relating to the notice of an approval hearing, so as to provide that a hearing must be held in the circuit court in a county in which the payee resides, a hearing must be held in the county in which the agreement was approved if the payee is a nonresident of the state, and further require that the payee must attend the hearing in person unless good cause exists to excuse the in-person attendance; by amending Section 15-50-70, relating to the scope of transfer agreements, so as to make conforming changes; by adding Section 15-50-80 so as to provide that the court may appoint an attorney to serve as a guardian ad litem to advise the court in certain cases; by adding Section 15-50-90 so as to provide that a structured settlement purchase company who wants to do business in this State must register with the Secretary of State; by adding Section 15-50-100 so as to provide that registration is valid for one year and a renewed application must be filed every year thereafter; by adding Section 15-50-110 so as to provide that a structured settlement purchase company must post a bond with the Secretary of State or pay a cash bond in the amount of fifty thousand dollars; by adding Section 15-50-120 so as to provide that a structured settlement purchase company must file a notice of judgment with the Secretary of State and provide a copy of the judgment secured against the company; by adding Section 15-50-130 so as to provide that liability is not affected by a breach of contract, breach of warranty, or any other act or omission of the bonded structured settlement purchase company; by adding Section 15-50-140 so as to provide that the Secretary of State must receive written notice of the cancellation or modification of a surety bond within twenty days prior to the cancellation or modification; by adding Section 15-50-150 so as to provide that an assignee is not required to register as a structured settlement purchase company to acquire structured settlement payment rights; by adding Section 15-50-160 so as to provide that the Secretary of State may assess an administrative fine if a person who is required to register does not do so within fifteen days after receipt of notice to register; and by adding Section 15-50-170 so as to provide that a transfer order does not constitute a qualified order pursuant to federal law if the transferee is not registered as a structured settlement purchase company pursuant to this act at the time the order is signed.
Approved May 16, 2023

Title 16 - Crimes and Offenses

Gavin’s Law, Sextortion
Act No. 54 (R82, H.3583)
An Act to amend the South Carolina Code of Laws by enacting "Gavin’s Law" by adding Section 16-15-430 so as to create the offenses of "sexual extortion" and "aggravated sexual extortion", to define necessary terms, and to provide penalties for violations.
Effective May 18, 2023

Malicious Injury to Public Utilities
Act No. 76 (R92, S.330)
An Act to amend the South Carolina Code of Laws by amending Section 16-11-740, relating to malicious injury to telegraph, telephone, or electric utility systems, so as to define the term "Electric Utility System", to provide certain willful and malicious acts constitute violations of this Section, to provide a tiered system of penalties for certain violations, to provide it is unlawful to use firearms or destructive devices to destroy or damage utility systems and provide penalties, and to provide remedies to persons injured by violations of this Section.
Effective June 19, 2023

Title 17 - Criminal Procedures

Bond Reform
Act No. 83 (R98, H.3532)
An Act to amend the South Carolina Code of Laws by adding Section 17-15-270 so as to create an additional offense punishable by up to five years if a person commits a subsequent violent crime while subject to a bond order or pretrial release order for a previous violent crime; by amending Section 17-15-15, relating to cash deposits in lieu of bond, so as to provide that if the court finds that a defendant may be released on bond who has been charged with a violent offense or any felony offense involving a firearm while out on bond or other pretrial release, the bond must be set at the full United States cash currency bond rather than ten percent; by amending Section 17-15-30, relating to matters to be considered in determining conditions of release, so as to include whether a person is currently out on bond for another offense; by adding Section 17-15-35 so as to define necessary terms, and to provide procedures for court-ordered electronic monitoring in lieu of setting bond or as an additional condition of bond; by adding Section 17-15-37 so as to authorize the South Carolina Law Enforcement Division to promulgate regulations regarding electronic monitoring and to provide parameters for which an electronic monitoring agency must operate within; by amending Section 17-15-55, relating to reconsideration of bond by the circuit court set by a summary court, so as to provide a defendant must be advised of his right to a speedy trial and to provide procedures related to speedy trials, to provide for the revocation of previous bond if a person commits a violent offense or a felony offense involving a firearm which was committed while the person was already out on bond for a previous violent offense or felony offense involving a firearm, to require a full bond under certain repeat offender circumstances, and to provide conforming procedures; by amending Section 22-5-510, relating to bail and bond hearings and conditions of release, so as to include whether a person is currently out on bond for another offense; by amending Section 24-13-40, relating to the computation of time served by prisoners, so as to prohibit credit for time served prior to trial and sentencing when the prisoner committed a subsequent crime while out on bond or had bond revoked on any charge prior to trial or plea; by amending Section 24-13-425, relating to the offense of tampering with an electronic monitoring device, so as to delete an unnecessary definition and exempt certain authorized employees or agents from the purview of the statute; by adding Section 17-15-500 so as to establish the South Carolina Pretrial Reform Commission, provide for its membership and duties, and terminate the Commission on a date certain; by amending Section 38-53-10, relating to definitions for purposes of the chapter on bail bondsmen and runners, so as to revise the definition of "surety bondsman" and define the term "electronic monitoring"; by amending Section 38-53-50, relating to surety relieved on bond, so as to make a technical change regarding nonpayment of premium fees alone not being sufficient to warrant immediate incarceration of the defendant; by amending Section 38-53-70, relating to the issuance of bench warrants for failure to appear, so as to revise the statute to apply more broadly when a defendant violates the conditions of bond and revise time frames provided for the notice of the bench warrant; by adding Section 38-53-84 so as to require notification to the appropriate solicitor if a defendant violates an order for electronic monitoring, to provide for relief from the bond if the defendant fails to pay for the monitoring, and to provide for possible revocation of a bondsman's license for failure to comply with reporting requirements; by amending Section 38-53-170, relating to unlawful acts by bondsmen and runners, so as to provide additional payment procedures and expense reimbursement procedures; by amending Section 38-53-310, relating to written bail bond reports that must be filed each month with the Clerk of Court, so as to include current data retained as an express condition of bond, and to allow for the use of a data management software system in lieu of the written report; and by adding Section 38-53-55 so as to require a person engaged in electronic monitoring of a defendant charged with a violent offense to report to the court and law enforcement officials if the defendant has contact with the alleged victim.
Effective June 20, 2023

Coroners – First Responders
Act No.66 (R83, H.3691)
An Act to amend the South Carolina Code of Laws by adding Section 17-5-135 so as to allow coroners, deputy coroners, or coroners' designees to possess and administer opioid antidotes under certain circumstances; by adding Section 44-130-90 so as to provide procedures for the administration of opioid antidotes by coroners, deputy coroners, and coroners' designees and for the reporting of their use; by amending Section 17-5-510, relating to duties of coroners and medical examiners, so as to restate the Section; and by adding Section 17-5-150 so as to provide that coroners and deputy coroners are considered public safety officers if killed in the line of duty.
Effective May 19, 2023

Title 22 - Magistrates and Constables

Youthful offenders, eligibility
Act No. 73 (R85, H.3890)
An Act to amend the South Carolina Code of Laws by amending 22-5-920, relating to youthful offender eligibility for expungement of certain offenses, so as to allow expungement for convictions involving a driving under suspension offense or a disturbing schools offense.
Effective June 14, 2023

Title 23 - Law Enforcement and Public Safety

Missing Person Alerts
Act No. 63 (R79, H.3340)
An Act to amend the South Carolina Code of Laws by amending Section 23-3-330, relating to the Endangered Person Notification System, so as to provide the System also shall provide for the dissemination of information regarding missing persons believed to be suffering Alzheimer’s disease or a developmental disability such as Autism Spectrum Disorder through the use of wireless emergency alert notifications, Department of Transportation message signs, SLED wireless emergency alerts, and certain media outlets.
Effective May 19, 2023

Center for School Safety and Targeted Violence
Act No. 79 (R96, H.3360)
An Act to amend the South Carolina Code of Laws by adding Article 17 to Chapter 23, Title 23 so as to establish the Center for School Safety and Targeted Violence within the State Law Enforcement Division.
Effective June 19, 2023

Title 24 - Corrections, Jails, Probations, Paroles and Pardons

Executions
Act No. 16 (R25, S.120)
An Act to amend the South Carolina Code of Laws by amending Section 24-3-580, relating to the disclosure of the identities of execution team members and the penalties for the unlawful disclosure, so as to define certain terms, to provide certain information pertaining to the identity of persons who participate in the planning or administration of an execution of a death sentence is confidential, to provide a criminal penalty for a person who violates certain provisions of this Section, to make technical changes, to provide the purchase or acquisition of drugs and medical supplies used in the administration of a death sentence is exempt from the state procurement code, to provide the out-of-state acquisition of drugs intended for use for the administration of the death penalty is exempt from all state licensing processes and requirements administered by the Department of Health and Environmental Control or any other agency, as well as regulations promulgated by the Board of Pharmacy, to provide pharmacies or pharmacists that are involved in the supplying, manufacturing, or compounding of drugs intended for use in the administration of the death penalty are exempt from certain licensing processes and requirements of the Department of Labor, Licensing and Regulation, the Board of Pharmacy, or any other State agency under certain circumstances, to provide, under certain circumstances, no governmental agency shall disclose identifying information of members of execution teams or the details regarding the procurement of certain drugs used in the administration of the death penalty, to provide the comptroller general and state treasurer shall work with the Department of Corrections to ensure certain financial records relating to an execution are kept in a de-identified condition, to provide the intent of this Section is to ensure the absolute confidentiality of identifying information of persons or entities involved in the planning or execution of a death sentence, to provide the Department of Corrections shall comply with federal regulations regarding the importation of execution drugs, and to provide members of the general assembly must not offer nor provide drugs, medical supplies, or medical equipment to execute a death sentence.
Effective May 12, 2023

Sexually Violent Predators Act
Act No. 19 (R26, S.146)
An Act to amend the South Carolina Code of Laws by adding Sections 44-48-115 and 44-48-180 so as to provide for the right to challenge commitment to the Sexually Violent Predator Treatment Program based on ineffective assistance of counsel and to give priority status to sexually violent predator cases for purposes of scheduling court proceedings, respectively; by amending Sections 44-48-30, 44-48-40, 44-48-50, 44-48-80, 44-48-90, 44-48-100, 44-48-110, 44-48-120, 44-48-130, 44-48-150, and 44-48-160, all relating to the Sexually Violent Predator Act, so as to add definitions for "qualified evaluator" and "resident" and change the definition of "likely to engage in acts of sexual violence", to establish effective dates for the granting of supervised reentry, to require multidisciplinary teams to determine whether there is probable cause to believe a person is a sexually violent predator, to provide for the use of court-appointed qualified evaluators and to establish certain timelines for evaluations, to allow for the use of independent, qualified evaluators in certain circumstances, to require courts to conduct a nonjury hearing before release of a person found incompetent to stand trial, to establish certain benchmarks for additional reviews of mental conditions, to establish certain requirements regarding evaluators in proceedings on petitions for release, to allow access to sealed court records by the Attorney General and other counsel of record, to make conforming changes, and for other purposes; and by amending Section 24-21-32, relating to reentry supervision, so as to make inmates determined to be sexually violent predators ineligible for reentry supervision.
Effective May 16, 2023

Title 25 - Military, Civil Defense and Veterans Affairs

Veterans Trust Fund Reorganization
Act No. 58 (R67, S.317)
An Act to amend the South Carolina Code of Laws by amending Section 25-21-20, relating to the establishment of the board of trustees for the Veterans' Trust Fund of South Carolina, so as to reduce the number of board members from nineteen to eleven, to provide for appointment of those members by the governor with the advice and consent of the Senate, to provide requirements for the appointment of the members, and to establish a four-year term.
Effective May 19, 2023

Title 30 - Public Records

Law Enforcement and Judicial Personal Info Protection
Act No. 56 (R65, S.252)
An Act to amend the South Carolina Code of Laws by adding Article 5 to Chapter 2, Title 30 so as to enact the "Law Enforcement Personal Information Privacy Protection Act", to give law enforcement officers the option of making personal contact information held by state or local governments confidential and not subject to disclosure, and to provide limited exceptions, to provide related procedures for exercising this option, among other things; to provide the South Carolina Criminal Justice Academy shall create a form for use by law enforcement officers when requesting nondisclosure of personal contact information, and to specify requirements for the form; by adding Article 7 to Chapter 2, Title 30 so as to enact the "Judicial Personal Privacy Protection Act", to give active or former members of the judiciary the option of making personal contact information held by state or local governments confidential and not subject to disclosure, to provide limited exceptions, and to provide related procedures for exercising this option, among other things; and to provide South Carolina court administration shall create a form for use by active or former members of the judiciary when requesting nondisclosure of personal contact information, and to specify requirements for the form.
Effective July 1, 2024

Title 33 - Corporations, Partnerships and Associations

Remote Annual Meetings
Act No. 68 (R86, H.4049)
An Act to amend the South Carolina Code of Laws by amending Sections 33-7-101, 33-31-701, 33-7-102, and 33-31-702, all relating to meetings, so as to allow for remote communication.
Effective May 19, 2023

Title 37 - Consumer Protection Code

Consumer Affairs
Act No. 45 (R54, H.3952)
An Act to amend the South Carolina Code of Laws by amending Section 37-2-307, relating to motor vehicle sales contract closing fees, so as to require the closing fee to be prominently displayed with the advertised price, to require the fee be reasonable, and to specify the manner in which the Department of Consumer Affairs is to provide enforcement measures.
Effective May 16, 2023

Title 38 - Insurance

Abortion – Fetal Heartbeat
Act No. 70 (R88, S.474)
Aan Act to amend the South Carolina Code of Laws by amending Article 6 of Chapter 41, Title 44, relating to the Fetal Heartbeat and Protection from Abortion Act, so as to provide that abortions may not be performed in this State after a fetal heartbeat has been detected, with exceptions for medical emergencies, rape, incest, or fatal fetal anomalies; to change certain definitional terms; to create criminal penalties; to establish certain recordkeeping and record retention requirements for physicians and owners of medical records; to require physicians to report certain allegations of rape or incest to law enforcement; to prohibit criminal prosecution of any woman who seeks or obtains an abortion; to create a civil right of action by certain individuals for violations of the article; to require professional discipline against physicians in certain circumstances; and for other purposes; by adding Sections 44-41-90, 63-17-325, and 38-71-146 so as to prohibit the use of State funding for abortion-related expenses, to require child support from the date of conception, and to require health insurance plans to provide coverage for contraceptives, respectively; by amending Sections 44-41-10, 44-41-60, 44-41-70, 44-41-80, and 44-41-330, all relating to abortion, so as to make conforming changes; by requiring the Public Employee Benefit Authority and the State Health Plan to provide coverage for contraceptives; by authorizing the President of the Senate and the Speaker of the House of Representatives to intervene on behalf of their respective body in certain court actions; by repealing Section 2 of Act 1 of 2021, Section 44-41-20, and Article 5, Chapter 41, Title 44 all relating to abortion; and for other purposes.
Effective May 25, 2023

Department of Insurance
Act No. 29 (R36, S.500)
An Act to amend the South Carolina Code of Laws by amending Section 38-75-485, relating to the South Carolina Hurricane Damage Mitigation Program, so as to establish grant criteria, establish a nonmatching grant formula, and to remove a cap on the amount of the grant; by amending Section 38-3-110, relating to duties of the Director of the Department of Insurance, so as to allow the Director to provide information regarding factors that may affect premium rates; by amending Section 38-73-1085, relating to the publication of representative sample premiums, so as to allow the Director or his designee to make available information that affects private passenger premium rates; by amending Section 38-61-80, relating to withdrawing from the market, so as to require notice to the Director by the insurer; and by amending Section 38-1-20, relating to the definition of "surplus lines insurance", so as to include a reference to commercial motor vehicle liability.
Effective May 16, 2023

Pharmacy Benefits
Act No. 30 (R37, S.520)
An Act to amend the South Carolina Code of Laws by amending Article 18 of Chapter 71, Title 38, relating to Pharmacy Audit Rights, so as to expand the rights and duties of pharmacies during audits; by amending Article 21 of Chapter 71, Title 38, relating to pharmacy benefits managers, so as to define terms and make conforming changes; by adding Article 23 to Chapter 71, Title 38 so as to define terms and outline responsibilities and duties of Pharmacy Services Administrative Organizations; and by repealing Section 38-71-147 relating to freedom of selection and participation in health insurance policies or health maintenance organization plans.
Effective January 1, 2024

Title 39 - Trade and Commerce

Title 40 - Professions and Occupations

PSYPACT
Act No. 35 (R21, H.3204)
An Act to amend the South Carolina Code of Laws by amending Section 40-55-420, relating to PSYPACT dispute resolution, so as to provide for the United States District Court of Georgia to resolve disputes.
Effective May 16, 2023

Earn and Learn Act of 2023
Act No. 13 (R43, H.3605)
An Act to amend the South Carolina Code of Laws by enacting the "Earn and Learn Act of 2023", by amending Section 40-1-80, relating to investigations of licensees, so as to require the director to send information regarding an investigation to the licensee; by amending Section 40-1-90, relating to disciplinary action proceedings, so as to allow a licensee to request certification of an investigation from the director; by amending Section 40-1-140, relating to effect of prior criminal convictions of applicants, so as to prohibit the denial of a license based solely or in part on a prior criminal conviction in certain circumstances; and by adding Section 40-1-77 so as to provide a method to allow a worker to earn a paycheck while fulfilling applicable licensing requirements.
Effective May 8, 2023

Narcotic Treatment Programs
Act No. 43 (R51, H.3870)
An Act to amend the South Carolina Code of Laws by adding Section 40-43-72 so as to authorize the permitting and operation of narcotic treatment programs, to establish certain requirements for narcotic treatment programs and their associated pharmacists, practitioners, and practitioner agents, to require the Board of Pharmacy to fulfill certain obligations, and for other purposes; and by amending Section 44-53-720, relating to restrictions on use of methadone, so as to make conforming changes.
Effective May 16, 2023

Contractors
Act No.69 (R87, H.4115)
An Act to amend the South Carolina Code of Laws by amending Section 40-11-10, relating to the creation of the South Carolina Contractor's Licensing Board, so as to make a technical correction; by amending Section 40-11-20, relating to definitions concerning the regulation of contractors, so as to revise definitions and provide new definitions; by amending Section 40-11-30, relating to contracting work for which licensure is required, so as to increase the minimum cost requirement of such work; by amending Section 40-11-100, relating to administrative penalties for violations, so as to revise the penalties; by amending Section 40-11-110, relating to disciplinary actions, so as to revise the grounds for disciplinary actions, among other things; by amending Section 40-11-230, relating to criteria for individuals to be primary qualifying parties, so as to revise the criteria; by amending Section 40-11-240, relating to criteria for licensure, so as to revise the criteria; by amending Section 40-11-250, relating to renewals of lapsed licenses, so as to provide renewals completed within ninety days after expiration are considered renewed retroactively to the expiration date and periods of licensure lapse are eliminated; by amending Section 40-11-260, relating to licensee financial statements and financial requirements, so as to revise such requirements for license groups and to prohibit disclosure of applicant financial statement information; by amending Section 40-11-262, relating to surety bonds in lieu of providing financial statements, so as to make conforming changes and to provide the board may increase bond requirements in certain circumstances; by amending Section 40-11-290, relating to licensure of applicants licensed in other states, so as to specify the examination such applicants may be required to pass; by amending Section 40-11-320, relating to construction managers, so as to revise registration procedures; by amending Section 40-11-360, relating to exemptions from application of the chapter and required content of posters distributed to building permit offices, so as to revise the exemptions, and eliminate the poster requirement, among other things; by amending Section 40-11-410, relating to license classifications and subclassifications, so as to revise the classifications; by repealing Section 40-11-390 relating to unlicensed entities engaging in general or mechanical construction prior to April 1, 1999; and by repealing Section 40-11-400 relating to qualifying party certificates.
Effective May 19, 2023

Athletic Trainers Act
Act No. 77 (R94, S.397)
An Act to amend the South Carolina Code of Laws by repealing Chapter 75, Title 44 relating to the regulation of athletic trainers by the Department of Health and Environmental Control; and by adding Article 11 to Chapter 47, Title 40 so as to transfer regulatory authority of athletic trainers to the Board of Medical Examiners.
Effective June 19, 2023

Title 41 - Labor and Employment

Statewide Education and Workforce Development Act
Act No. 67 (R84, H.3726)
An Act to amend the South Carolina Code of Laws by adding Chapter 30 to Title 41 so as to enact the "Statewide Education and Workforce Development Act", to state the purpose of the Chapter, to create the Office of Statewide Workforce Development in the Department of Employment and Workforce and provide for the management and functions of the Office, to transfer the coordinating council for workforce development to the Department and provide for the composition and functions of the Council, to create an executive committee of the coordinating Council and provide for the composition and functions of the Committee, to redesignate regional education centers as regional workforce advisors and provide for the oversight, functions, responsibilities, and geographic configuration requirements of the centers, among other things; to amend Section 41-31-160, relating to contribution and wage reports required by the Department, so as to revise criteria for employers who must file the reports, and to require the electronic filing of the reports absent demonstrated hardship; to amend Section 41-35-615, relating to Department notices to employers concerning insured status determinations and employer responses, so as to require the electronic filing of certain employer responses absent demonstrated hardship; and by repealing Article 13 of Chapter 1, Title 13 relating to oversight of regional education centers by the Department of Commerce, and Article 15 of Chapter 1, Title 13 relating to the coordinating Council for Workforce Development.
Effective May 19, 2023

Department of Employment and Workforce
Act No. 1 (R3, H.3783)
A joint resolution to allow the State Department of Employment and Workforce Review Committee to 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 vacancy is filled or July 1, 2023, whichever occurs first.
Effective Date March 1, 2023

Title 42 - Workers' Compensation

Title 44 - Health

Department of Health and Human Services
Act No. 36 (R44, H.3231)
An Act to amend the South Carolina Code of Laws by repealing Sections 44-6-300, 44-6-310, and 44-6-320 all relating to the responsibility of the Department of Health and Human Services to establish and expand child development services.
Effective May 16, 2023

Trafficking in Fentanyl
Act No. 72 (R97, H.3503)
An Act to amend the South Carolina Code of Laws by amending Section 44-53-190, relating to Schedule I substances, so as to add fentanyl-related substances; by amending Section 44-53-370, relating to prohibited acts and penalties, so as to add an offense for trafficking in fentanyl; by amending Section 44-53-370, relating to narcotics and controlled substances prohibited acts and penalties, so as to add trafficking in fentanyl; by adding Section 44-53-393 so as to provide that the term "drug paraphernalia" does not include certain testing equipment; and by adding Section 44-53-379 so as to provide that it is unlawful for certain individuals who have been convicted of certain drug-related crimes to possess a firearm or ammunition within this State.
Effective June 15, 2023

State Health Facility Licensure Act
Act. 20 (R27, S.164)
An Act to amend the South Carolina Code of Laws by renaming Article 3, Chapter 7, Title 44 as the "State Health Facility Licensure Act"; by amending Sections 44-7-110, 44-7-120, 44-7-130, 44-7-150, and 44-7-320, all relating to the regulation of health care facilities in the State, so as to eliminate references to certificate of need; by amending Section 44-7-160, relating to certificate of need requirements, so as to apply only to nursing homes; by adding Section 44-7-161 so as to provide that the Medical University of South Carolina must appear before the Joint Bond Review Committee and obtain approval from the State fiscal accountability authority prior to taking certain actions; by establishing the certificate of need study committee to assess health care in rural South Carolina; by adding Section 44-7-266 so as to require ambulatory surgical facilities to provide uncompensated indigent care and for other purposes; by amending Section 44-7-170, relating to certificate of need exemptions, so as to make conforming changes to certain exemptions; by amending Section 44-7-190, relating to project review criteria, so as to require the prioritization of timely access to health care services; by amending Section 44-7-200, relating to the certificate of need application process, so as to change the timeline for the application process; and by amending Sections 44-7-210 and 44-7-220, relating to certificate of need administrative and judicial proceedings, so as to shorten certain time frames of these proceedings and eliminate the role of the Court of Appeals.
Effective May 16, 2023

Crisis Stabilization Units
Act No. 59 (R68, S.343)
An Act to amend the South Carolina Code of Laws by amending Section 44-7-130, relating to definitions in the State Health Facility Licensure Act, so as to include all short-term residential stabilization and intensive crisis services in the definition of crisis stabilization unit facilities and to change the age of the individuals served in same.
Effective May 19, 2023

Neonatal Testing
Act No. 26 (R33, S.394)
An Act to amend the South Carolina Code of Laws by amending Section 44-37-30, relating to neonatal testing of children, so as to provide for certain notifications of abnormal results.
Effective May 16, 2023

Narcan OTC
Act No. 78 (R95, S.407)
An Act to amend the South Carolina Code of Laws by amending Section 44-53-361, relating to prescriptions for opioid antidotes, so as to provide for opioid antidotes to be offered consistent with the existing standard of care and the United States Food and Drug Administration.
Effective June 19, 2023

Abortion – Fetal Heartbeat
Act No. 70 (R88, S.474)
An Act to amend the South Carolina Code of Laws by amending Article 6 of Chapter 41, Title 44, relating to the Fetal Heartbeat and Protection from Abortion Act, so as to provide that abortions may not be performed in this State after a fetal heartbeat has been detected, with exceptions for medical emergencies, rape, incest, or fatal fetal anomalies; to change certain definitional terms; to create criminal penalties; to establish certain recordkeeping and record retention requirements for physicians and owners of medical records; to require physicians to report certain allegations of rape or incest to law enforcement; to prohibit criminal prosecution of any woman who seeks or obtains an abortion; to create a civil right of action by certain individuals for violations of the article; to require professional discipline against physicians in certain circumstances; and for other purposes; by adding Sections 44-41-90, 63-17-325, and 38-71-146 so as to prohibit the use of State funding for abortion-related expenses, to require child support from the date of conception, and to require health insurance plans to provide coverage for contraceptives, respectively; by amending Sections 44-41-10, 44-41-60, 44-41-70, 44-41-80, and 44-41-330, all relating to abortion, so as to make conforming changes; by requiring the Public Employee Benefit Authority and the State Health Plan to provide coverage for contraceptives; by authorizing the President of the Senate and the Speaker of the House of Representatives to intervene on behalf of their respective body in certain court actions; by repealing Section 2 of Act 1 of 2021, Section 44-41-20, and Article 5, Chapter 41, Title 44 all relating to abortion; and for other purposes.
Effective May 25, 2023

Alzheimer’s State Plan
Act No. 62 (R74, S.569)
An Act to amend the South Carolina Code of Laws by amending Section 44-36-320, relating to the duties of the Alzheimer’s Disease and Related Disorders Resource Coordination Center, so as to add to the Center's duties concerning the statewide plan to address Alzheimer’s disease and related dementias; by amending Section 44-36-330, relating to the Advisory Council to the Alzheimer’s Disease And Related Disorders Resource Coordination Center, so as to provide that the Advisory Council must develop a statewide plan to address Alzheimer’s disease and related dementias and to provide that the statewide plan must be updated every five years; and to provide that the statewide plan must be updated in 2028 and every five years thereafter.
Effective May 19, 2023

Title 46 - Agriculture

Grain and Cotton Producers Guaranty Fund
Act No. 32 (R39, S.603)
An Act to amend the South Carolina Code of Laws by amending Section 46-41-230, relating to the South Carolina Grain and Cotton Producers Guaranty Fund's amount and claims, so as to provide that, if there is an insufficient amount of money to cover all claims, then payments must be made on a pro rata basis, and the pro rata determination shall be based upon the producer's total loss amount as well as the total number of exemptions granted to the producer; and by amending Section 46-41-250, relating to the South Carolina Grain and Cotton Producers Guaranty Fund, so as to include cotton.
Effective May 16, 2023

Title 48 - Environmental Protection and Conservation

Title 49 - Waters, Water Resource and Drainage

Title 50 - Fish, Game and Watercraft

Department of Natural Resources
Act No. 37 (R45, H.3269)
An Act to amend the South Carolina Code of Laws by repealing Section 50-3-140 relating to the publication of descriptions of uniforms and emblems by the Department of Natural Resources.
Effective May 16, 2023

Saltwater Privileges, Suspension
Act No. 64 (R80, H.3433)
An Act to amend the South Carolina Code of Laws by repealing Section 50-5-2545 relating to points and suspensions prior to the Marine Resources Act of 2000; by repealing Section 50-9-1160 relating to judicial review of a suspension of hunting and fishing privileges; by amending Section 50-5-2510, relating to the suspension of saltwater privileges for the accumulation of points, so as to change the method for the notice of suspension; by amending Section 50-5-2515, relating to the notice of suspension of saltwater privileges, so as to allow for written notice by United States mail; by amending Section 50-9-1140, relating to the suspension of hunting and fishing privileges, so as to change the method for the notice of suspension; and by amending Section 50-9-1150, relating to the notice of suspension of hunting and fishing privileges, so as to allow for written notice by United States mail and to provide for a method of appeal.
Effective May 19, 2023

Harvest Reporting
Act No. 65 (R81, H.3538)
An Act to amend the South Carolina Code of Laws by amending Section 50-11-546, relating to electronic harvest reporting, so as to include references to big games species and to outline requirements of the person who takes a big game carcass for processing and of the processor; by amending Section 50-11-320, relating to the issuance of tags for hunting and taking deer, so as to include a reference to the electronic harvest reporting system; by amending Section 50-11-390, relating to the departmental authority of game zones, so as to include a reference to the electronic harvest reporting system; and by amending Section 50-9-1120, relating to the point system for violations, so as to include a reference to big game species.
Effective July 1, 2024

Airboats
Act No.39 (R47, H.3689)
An Act to amend the South Carolina Code of Laws by amending Section 50-21-860, relating to restrictions on the use of airboats, so as to limit use on the Broad River and Stevens Creek.
Effective May 16, 2023

Hunting and Fishing Licenses
Act No. 15 (R24, S.101)
An Act to amend the South Carolina Code of Laws by amending Section 50-9-525, relating to licenses for disabled residents, so as to provide the requirements for obtaining a lifetime disability combination license or a lifetime disability fishing license for certain persons.
Effective May 12, 2023

Boating Safety and Education Program
Act No. 74 (R90, S.96)
An Act to amend the South Carolina Code of Laws by amending Section 50-21-10, relating to definitions, so as to define "personal watercraft" and "specialty propcraft"; by amending Section 50-21-90, relating to the boating safety and educational program, so as to require the Department of Natural Resources to issue a boating safety certificate upon the completion of certain requirements; by adding Section 50-21-95 so as to provide that it is unlawful for a person to operate certain watercraft on the waters of this State without possessing a boating safety certificate, with certain exceptions; and by amending Section 50-21-870, relating to personal watercraft and boating safety, so as to remove the definition of "personal watercraft" and to remove a boating prohibition.
Effective August 18, 2023

Title 53 - Sundays, Holidays and Other Special Days

Robert Smalls Day
Act No. 34 (R42, H.3142)
An Act to amend the South Carolina Code of Laws by adding Section 53-3-270 so as to designate the thirteenth day of May each year as "Robert Smalls Day" in South Carolina.
Effective May 16, 2023

Women in Hunting and Fishing Awareness Day
Act No. 42 (R50, H.3868)
An Act to amend the South Carolina Code of Laws by adding Section 53-3-270 so as to declare the third Saturday in November of each year is designated as "Women in Hunting and Fishing Awareness Day".
Effective May 16, 2023

Clog Dancing Day
Act No. 49 (R59, H.4291)
An Act to amend the South Carolina Code of Laws by adding Section 53-3-270 so as to designate the eighth day of August of each year as "Clog Dancing Day" in South Carolina.
Effective May 16, 2023

Title 55 - Aeronautics

Alcohol Sales at Airports
Act No. 61 (R71, S.459)
An Act to amend the South Carolina Code of Laws by adding Section 55-9-235, so as to provide for the sale and consumption of liquor by the drink throughout the Transportation Security Administration-screened portion of qualifying South Carolina airports.
Effective May 19, 2023

Title 56 - Motor Vehicles

Driver’s License; suspended due to DUI
Act No.55 (R64, S.36)
An Act to amend the South Carolina Code of Laws by amending Section 56-1-286, relating to suspension of license or permit or denial of issuance of license or permit to persons under the age of twenty-one who drive motor vehicles with a certain amount of alcohol concentration, so as to allow persons under the age of twenty-one who are serving a suspension or are denied a license or permit to enroll in the Ignition Interlock Device Program, or request a contested case hearing before the Office of Motor Vehicle hearings; by amending Section 56-1-385, relating to reinstatement of permanently revoked drivers' licenses, so as to limit its application to offenses occurring before October 1, 2014; by amending Section 56-1-400, relating to surrender of licenses; issuance of new licenses; endorsing suspension and Ignition Interlock devices on licenses, so as to revise the provisions that relate to the duration of the period for which the Ignition Interlock devices must be maintained to include references to the habitual offender statute and delete the requirement that requires persons seeking to have licenses issued must first provide proof that fines owed have been paid, and to provide this section shall not be construed to require a person to obtain an Ignition Interlock device unless at least one offense that resulted in suspension was alcohol related; by amending Section 56-1-1090, relating to request for restoration of privileges to operate motor vehicles, conditions, and appeals of denials of requests, so as to provide habitual offenders may obtain drivers' licenses with interlock restrictions if they enroll in the Ignition Interlock Device Program and obtained licenses with interlock restrictions; by amending Section 56-1-1320, relating to provisional drivers' licenses, so as to eliminate the issuance of provisional drivers' licenses for certain offenses that occurred before the effective date of this Act; by amending Section 56-1-1340, relating to licenses that must be kept in possession, issuance of licenses and convictions to be recorded, so as to conform statutory references; by amending Section 56-5-2941, relating to Ignition Interlock devices, so as to make technical changes, to provide certain persons issued temporary alcohol licenses are required to have to Ignition Interlock devices installed on certain motor vehicles, to delete the provision that provides this Section does not apply to persons convicted of certain first offense violations, to provide that drivers of motorcycles are exempt from having to Ignition Interlock devices installed on these vehicles, to include references to the Habitual Offender Statute, to permit drivers with lifetime to Ignition Interlock requirements due to convictions on or after October 1, 2014, to seek to have the devices removed by the department of probation, parole and pardon services and the restrictions from their drivers' licenses, require device manufacturers to apply to the Department of Probation, Parole and Pardon Services for certification of the devices, pay a certification fee and provide for the disposition of the fee, to provide this section shall not be construed to require installation of an to Ignition Interlock device until a suspension is upheld at a contested case hearing or the contested hearing is waived, and to provide for the collection and retention of the information recorded by the devices; by amending Section 56-5-2951, relating to the suspension of licenses for refusal to submit to testing or for certain levels of alcohol concentration, temporary alcohol licenses, administrative hearings, restricted drivers' licenses and penalties, so as to provide within thirty days of the issuance of notices of suspension, persons may request a contested hearing before the Office of Motor Vehicle hearings, enroll in the Ignition Interlock Device Program, or obtain temporary alcohol licenses with to Ignition Interlock device restrictions, to provide for the disposition of temporary alcohol license fees, to provide if suspensions are upheld, persons must enroll in the Ignition Interlock Device Program, to provide if suspensions are overturned, the persons' driving privileges must be reinstated, to make technical changes, to allow persons to receive certain credits for maintaining Ignition Interlock restrictions on temporary alcohol licenses under certain circumstances, and to delete the provisions relating to route-restricted licenses, to provide prosecuting authorities are not precluded from waiving or dismissing charges under this Section; and by amending Section 56-5-2990, relating to suspension of convicted persons drivers' licenses, and periods of suspension, so as to revise the penalties relating to convictions for first offense driving a motor vehicle while under the influence of alcohol or other drugs to only require persons to enroll in the Ignition Interlock Device Program, end the suspension, and obtain interlock restricted licenses, delete the provision allowing the use of route-restricted or special restricted drivers' licenses to attend certain programs and functions, and to delete the provision that establishes the date when driver's license suspension periods begin and when certain appeals may be filed.
Approved May 19, 2023

Carolina Squat
Act No. 24 (R31, S.363)
An Act to amend the South Carolina Code of Laws by amending Section 56-5-4445, relating to restrictions on elevating or lowering motor vehicles, so as to make technical changes, to prohibit motor vehicle modifications that result in the motor vehicles' front fenders being raised or lowered four or more inches greater than the height of the rear fenders, to provide for the manner of measuring the height of the fenders, to define the term "fender", and to provide penalties for violations.
Effective November 12, 2023

Auto Dealers
Act No. 51 (R72, S.549)
An Act to amend the South Carolina Code of Laws by amending Section 56-1-395, relating to the Driver's License Reinstatement Fee Payment Program, so as to provide the drivers' licenses issued under this program are valid for an additional six months, to revise the amount of reinstatement fees owed by persons to become eligible to obtain these drivers' licenses, to revise the distribution of the administrative fees collected, to provide the Department of Motor Vehicles may provide persons in the Program a fee schedule of the amounts owed and the ability to make online payments, to revise the types of driver's license suspensions that are covered by this Section, and to revise the frequency that persons may participate in the Program and the conditions for future participation; by amending Section 56-1-396, relating to the driver's license suspension amnesty period, so as to limit the types of qualifying suspensions; by amending Section 56-10-240, relating to the requirement that upon loss of insurance, insureds must obtain new insurance or surrender registrations and plates, written notices by insurer, suspension of registrations and plates, appeals of suspensions, enforcement, and penalties, so as to revise the period of time vehicle owners must surrender motor vehicle license plates and registration certificates for certain uninsured motor vehicles, to delete the provision that gives the Department of Motor Vehicles discretion to authorize insurers to utilize alternate methods of providing certain notices to the Department, to delete the provision that allows certain persons to appeal certain suspensions to the Department of Insurance for failure to meet the State's financial responsibility requirements in error, and to allow these persons to provide certain documents to show the suspension was issued in error; by amending Section 56-10-245, relating to the per diem fines for lapse in required motor vehicle insurance coverage, so as to provide the fines contained in the Section may not exceed two hundred dollars per vehicle for a first offense; by amending Article 5 of Chapter 10, Title 56, relating to the establishment of the Uninsured Motorist Fund, so as to revise the provisions of this Article to regulate the operation of uninsured motor vehicles, to delete provisions relating to the establishment and collection of uninsured motor vehicle fees, to make technical changes, to revise the amount of the motor vehicle reinstatement fee and provide it shall be increased annually, to provide suspended licenses, registration certificates, license plates, and decals may be returned to the Department of Motor Vehicles by electronic means or in person, and to delete the provisions that require the Department of Motor Vehicles to collect statistics regarding various motor vehicle registration, insurance, and uninsured motorist fund issues; by amending Section 56-9-20, relating to definitions for the Motor Vehicle Financial Responsibility Act, so as to revise references in the definitions of "insured motor vehicle" and "uninsured motor vehicle"; by amending Section 56-3-210, relating to the time period for procuring motor vehicle registrations and licenses, temporary license plates, and the transfer of license plates, so as to revise the requirement for temporary license plates and who may distribute temporary license plates; by adding Section 56-3-211 so as to provide for the issuance of temporary license plates to certain motor vehicles and farm trucks; by adding Section 56-3-212 so as to provide for the issuance of temporary license plates to certain motor vehicles; by adding Section 56-3-213 so as to provide that the Department of Motor Vehicles may issue special permits to operate certain motor vehicles; by amending Section 56-3-2340, relating to licensed motor vehicle dealers issuing first-time registrations and license plates from dealerships, certifications of third-party providers, and fees, so as to revise the issuance of temporary motor vehicle registrations and license plates; by adding Section 56-3-214 so as to provide that the Department of Motor Vehicles shall implement a Quality Assurance Program to ensure the integrity of the electronic registration and titling program; by amending Section 8-21-15, relating to no fees for performing duties, responsibilities, or functions of the agency unless authorized by statute and regulation, so as to provide that the Agency may collect vendor fees, convenience fees, transaction fees, or similar fees when receiving payments by any payment method other than cash; by amending Section 56-14-30, relating to licenses for recreational vehicle dealers, exhibition licenses, fees, and penalties, so as to revise the expiration date of licenses and fees, to require the Department of Motor Vehicles provide certain information to license applicants needed in audits or reviews, and to provide for Departmental inspections and complaints arising from alleged violations, to revise penalties for the unauthorized sale of recreational vehicles, and to provide for the enforcement of this Section and disbursement of fines; by amending Section 56-14-40, relating to applications for recreational vehicle dealer licenses, bonds, and the duty to notify the Department of Motor Vehicles where information given by applicants changes or licensees cease operations, so as to revise the bond amounts required, to provide for the payment of back taxes or fees, and to provide for the continuance of the business in the event of licensees' deaths; by amending Section 56-14-50, relating to requirements regarding dealers' maintenance of bona fide places of business and permanent signs, so as to provide for business operations on property adjacent to a licensee's bona fide established place of business; by amending Section 56-14-70, relating to denials, suspensions, or revocations of dealer licenses, so as to revise the reasons that the Department of Motor Vehicles may deny, suspend, or revoke a license; by amending Section 56-15-310, relating to dealer and wholesaler licenses, terms of licenses, fees, scope of licenses, and penalties for violations, so as to increase the time period for a valid license to thirty-six months, to increase the license fee, to revise the locations where a license may operate, to eliminate the temporary license, to provide for a cure period for certain complaints from consumers, to increase the penalty, to allow law enforcement agencies to enforce this provision, and to provide for the distribution of fines; by amending Section 56-15-320, relating to applications for licenses, bonds, and duties upon change of circumstances and termination of businesses relating to wholesalers and dealers, so as to provide that new bonds or continuation certificates must be provided to the Department of Motor Vehicles every twelve months during a license period, to provide when dealers' licenses expire, to provide for the recovery of back taxes and fees, to increase the aggregate liability of sureties for claims, and to provide for the continuation of businesses in the event of licensees' deaths; by amending Section 56-15-330, relating to facilities required for issuance of dealers' licenses, so as to include wholesalers, and to provide for business operations on property adjacent to or within sight of bona fide established places of business; by amending Section 56-15-350, relating to denials, suspensions, or revocations of licenses, grounds, and procedures, so as to revise the grounds for denials, suspensions, or revocations of a license; by adding Chapter 37 to Title 56 so as to establish the Motor Vehicle Dealer Performance Evaluation System to evaluate the performance record of dealers licensed under this Title, to create a Dealer Review Board, and provide a process to suspend or revoke dealers' licenses for certain violations; by amending Section 56-16-140, relating to licenses for motorcycle dealers or wholesalers, exhibition licenses, fees, and penalties for noncompliance, so as to provide the Section also applies to motorcycle wholesalers, to provide the licenses last for thirty-six months, to provide the Department of Motor Vehicles must provide certain information to license applicants, to provide complaint procedures, to revise the penalties for dealers selling motorcycles without licenses, and to provide for the distribution of fines; by amending Section 56-16-150, relating to applications for motorcycle dealers' or wholesalers' licenses, bonds, and the duty to notify the Department of Motor Vehicles where information given by applicants change or licensees cease operations, so as to provide the provision applies to motorcycle wholesalers and dealers, to revise the bond requirements, to provide for the recovery of back taxes and fees, and to provide for the continuation of business in the event of licensees' deaths; by amending Section 56-16-160, relating to requirements regarding motorcycle dealers' maintenance of bona fide established places of business, size of businesses, and permanent signs, so as to provide that dealers may conduct business on property adjacent to bona fide established places of business under certain circumstances; by amending Section 56-16-180, relating to denials, suspensions, or revocations of certain licenses, so as to revise the reasons the Department of Motor Vehicles may deny, suspend, or revoke motorcycle dealers' licenses; by amending Section 56-19-370, relating to procedures for voluntary transfers and dealers purchasing vehicles for resale, so as to provide procedures for dealers to title and register certain vehicles, and penalties for violating these provisions; to provide the Department of Motor Vehicles shall ensure that no one is registered as an uninsured motorist; to repeal Sections 56-3-180, 56-3-215, Article 29 of Chapter 3, Title 56, and Article 30 of Chapter 3, Title 56, relating to the issuance of certain special permits, temporary permits, temporary license plates, and registration cards by the Department of Motor Vehicles; to amend Section 56-23-60, relating to standards for operating driver training schools, so as to delete the term "defensive driving course" and replace it with the term "driver training course"; by adding Section 56-23-105 so as to define the term "classroom training"; to amend Section 56-1-20, relating to requiring certain persons to possess drivers' licenses to drive motor vehicles, so as to provide certain drivers possessing out-of-state drivers' licenses must surrender them within forty-five days of becoming residents before being issued South Carolina drivers' licenses; to amend Section 56-1-220, relating to vision screening tests required for renewal of drivers' licenses, so as to provide exemptions for certain active-duty members of the Armed Forces; and to amend Section 56-23-40, relating to driver training school license fees, so as to increase fees and revise the licenses' expiration date.
Approved May 18, 2023

Title 57 - Highways, Bridges & Ferries

Construction Contract Extensions
Act No. 2 (R4, S.361)
An Act to amend the South Carolina Code of Laws by amending Section 57-5-1630, relating to the extension of construction contracts, so as to provide that the Department of Transportation Commission is not required to provide preapproval of construction contract extensions and to provide that the commission must ratify extensions at the next Commission meeting.
Effective March 20, 2023

Title 59 - Education

Omnibus Tobacco Enforcement Act of 2023
Act No.38 (R46, H.3681)
An Act to amend the South Carolina Code of Laws by adding Section 44-95-45 so as to provide that political subdivisions of this state may not enact any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing of cigarettes, electronic smoking devices, e-liquid, vapor products, or tobacco products and to provide that such laws, ordinances, and rules enacted by a political subdivision prior to December 31, 2020, are not subject to the preemption imposed by this Act; by amending Sections 16-17-500, 16-17-501, 16-17-502, 16-17-503, 16-17-504, and 16-17-506, relating to the prevention of youth access to tobacco and other nicotine products, so as to change the definition of "tobacco product" and add definitions for "tobacco retail establishment" and "tobacco retailer"; to prohibit minors from entering a tobacco retail establishment; to change certain penalties for tobacco retailer violations; to require tobacco retailers to secure and display a tobacco retail sales license from the Department of Revenue and to establish an associated fee and penalty for violations; to make technical corrections; and for other purposes; by amending Section 59-1-380, relating to the mandatory public school tobacco-free campus policy, so as to make conforming changes; and by adding Section 12-36-511 so as to require retailers to provide the Department of revenue certain tobacco-related information in their retail license applications.
Effective August 14, 2023

Military Temporary Remote School Enrollment Act
Act No. 40 (R48, H.3797)
An Act to amend the South Carolina Code of Laws by enacting the "Military Temporary Remote School Enrollment Act" by adding Section 59-63-33 so as to provide public school pupils comply with school enrollment requirements if their parents are transferred to or are pending transfer to military installations in this State while on active military duty pursuant to official military orders, to provide school districts shall accept applications for enrollment and course registration from such pupils by electronic means, to provide parents of such students shall provide certain proof of residence after arrival, to provide the provisions of this Act apply notwithstanding another provision of law, to provide ambiguities in construing the provisions of this Act must be resolved in favor of enrollment, and to define necessary terminology.
Effective May 16, 2023

Doctoral/Professional Universities
Act No. 41 (R49, H.3857)
An Act to amend the South Carolina Code of Laws by amending Section 59-103-15, relating to categories of institutions of higher learning in this State and their respective missions, so as to add a new category for doctoral/professional universities and to provide their related missions.
Effective May 16, 2023

First Steps
Act No.81 (R100, H.4023)
An Act to amend the South Carolina Code of Laws by amending Section 59-152-60, relating to local First Steps partnership boards, so as to revise the composition, manner of appointment, and terms of membership of the boards, to provide for the termination of certain current board members, and to provide for the transition of the performance of certain tasks by local first steps partnerships; by amending Section 59-152-70, relating to local partnership boards, so as to include provisions concerning the administration of local partnerships, and to provide for the establishment of multicounty partnerships; by amending Section 59-152-150, relating to development and adoption of a standard fiscal accountability system for local partnerships, so as to revise provisions concerning policies and procedures for the procurement of goods and services; by adding Section 63-11-1726 so as to provide all publicly funded early childhood-serving agencies and entities shall participate in certain data sharing initiatives supported by the advisory council; by amending Section 63-11-1720, relating to the First Steps board of trustees, so as to add the Director of the Department of Mental Health as a trustee; by amending Section 63-11-1725, relating to the First Steps Advisory Council, so as to revise membership of the Advisory Council, to revise data governance policies, to provide for certain activities to build parent knowledge, and to require the development, implementation, and review of an overall strategic plan; by amending Section 63-11-1730, relating to oversight duties of the First Steps board of trustees, so as to include provisions concerning local partnership personnel policies; and by amending Section 59-152-10, relating to the establishment of South Carolina First Steps to School Readiness, so as to clarify that the provisions of the authorizing Act are permanent and future reauthorizations are not required.
Effective June 19, 2023

Administration of Lifesaving Medication in Schools
Act No. 47 (R57, H.4122)
An Act to amend the South Carolina Code of Laws by amending Section 59-63-95, relating to the authorized use of epinephrine auto-injectors in schools, so as to expand the provisions of this Section to include the provision of lifesaving medications, and to provide certain related responsibilities of the Department of Health and Environmental Control and the Department of Education.
Effective May 16, 2023

Sunscreen at School
Act No. 21 (R28, S.256)
An Act to amend the South Carolina Code of Laws by adding Section 59-63-85 so as to provide public schools shall not prohibit the possession or personal use of sunscreen, and to define necessary terms.
Effective May 16, 2023

Educational Scholarship Trust Fund
Act No. 8 (R16, S.39)
An Act to amend the South Carolina Code of Laws by adding Chapter 8 to Title 59 so as to the establish the "Education Scholarship Trust Fund Program", to define necessary terms, to provide requirements for students and schools seeking to participate in the Program, to provide requirements for the administration and oversight of the Program, to establish and provide for the administration of an Education Scholarship Trust Fund consisting of funds appropriated to provide these scholarships, to provide limitations on the number of scholarships that may be awarded, to provide measures for evaluating the performance of program participants, to establish a review panel and provide for its composition and purposes, and to clarify student transfer requirements, among other things.
Effective June 3, 2023

Title 61 - Alcohol and Alcoholic Beverages

South Carolina Craft Beer Economic Development Act
Act No. 31 (R38, S.566)
An Act to amend the South Carolina Code of Laws by enacting the "South Carolina Craft Beer Economic Development Act"; by amending Section 61-4-1515, relating to the sale of beer by breweries, so as to provide that certain beer sold for on-premises consumption must be produced by the brewery on its permitted premises or transferred to the brewery and to delete the condition that sales to consumers must be held in conjunction with a tour.
Effective May 16, 2023

Title 62 - South Carolina Probate Code

Probate Court
Act No. 10 (R18, S.341)
An Act to amend the South Carolina Code of Laws by amending Section 62-5-101, relating to definitions and use of terms, so as to provide for guardianship proceedings for a minor within one hundred eighty days of turning eighteen; by amending Section 62-5-201, relating to jurisdiction, so as to provide for additional limited jurisdiction of the court over minors; and by amending Section 62-5-303, relating to the procedure for court appointment of a guardian, so as to extend the time a guardianship proceeding can be initiated to one hundred eighty days before a minor reaches the age of eighteen.
Effective May 8, 2023

Title 63 - South Carolina Children's Code

Adoption
Act No. 80 (R99, H.3553)
An Act to amend the South Carolina Code of Laws by amending Section 63-9-750, relating to final adoption hearings, so as to eliminate the mandatory ninety-day waiting period to finalize an adoption; by amending Sections 63-7-1710, 63-7-2530, 63-9-710, and 63-7-1660, all relating to child permanency proceedings, so as to make certain changes to expedite permanency for children in the custody of the Department of Social Services; by amending Section 63-7-40, relating to infant safe havens, so as to allow the permanency planning hearing and termination of parental rights hearing to occur in the same proceeding, with exceptions; by amending Section 63-9-30, relating to terms defined in the South Carolina Adoption Act, so as to change the definition of "special needs child"; and by amending Section 63-7-1700, relating to permanency planning, so as to make certain changes to promote timely permanence for children in the custody of the Department of Social Services; and for other purposes.
Effective June 19, 2023

Joint Citizens and Legislative Committee on Children
Act No. 9 (R17, S.299)
An Act to amend the South Carolina Code of Laws by amending Section 63-1-50, relating to the Joint Citizens and Legislative Committee on Children, so as to provide for the inclusion of the State child advocate to the Committee.
Effective May 8, 2023

Homeless Youth Definition
Act No. 23 (R30, S.342)
An Act to amend the South Carolina Code of Laws by amending Section 63-1-40, relating to children's code definitions, so as to restate the existing definitions; and by adding Section 63-1-45 so as to define "unaccompanied homeless youth", "homeless child or youth", and "youth at risk of homelessness".
Effective May 16, 2023

Kinship Guardianship
Act No. 25 (R32, S.380)
An Act to amend the South Carolina Code of Laws by amending Section 63-7-20, relating to children's code definitions, so as to define "legal guardianship" and "legal guardian"; by amending Section 63-7-1700, relating to permanency planning, so as to provide for procedures to establish legal guardianship with supplemental benefits when adoption is not an option and by making conforming changes; by adding Section 63-7-1705 so as to establish procedures for initiating the judicial establishment of legal guardianship with supplemental benefits; by adding Article 9 to Chapter 7, Title 63 so as to require the Department of Social Services to establish and administer a program of supplemental benefits for legal guardianship, to define terms, to provide eligibility requirements for program benefits, to require the Department to promulgate regulations, and for other purposes; by amending Section 63-1-20, relating to the State's children's policy, so as to include legal guardianship when adoption is not appropriate; and by amending Section 63-7-2350, relating to restrictions on foster care or adoption placements, so as to apply also to placement of a child in a legal guardian's home.
Effective May 16, 2023

Child Welfare
Act No. 33 (R40, S.612)
An Act to amend the South Carolina Code of Laws by amending Section 63-7-10, relating to the purpose of the South Carolina Children's Code, so as to revise stated child welfare service principles and require certain reporting; and by amending Section 63-7-920, relating to investigations and case determination, so as to change guidelines for investigation and reporting in the case of a report of suspected child abuse or neglect.
Effective May 16, 2023

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