VOLUME XVI | May 2, 2025

Second to Last Week of Session

SCAA’S WEEK IN REVIEW – With just days remaining before the General Assembly adjourns Sine Die at 5 p.m. on May 8th, lawmakers are racing to finalize legislation. The State House has been active with committee hearings, appointment confirmations, and floor debates, but progress has been limited.

To date, only 25 bills have been ratified this session, a notably low figure compared to previous years. Lawmakers have spent considerable time on high-profile issues such as tort reform, energy policy, social media regulation, the potential removal of Treasurer Curtis Loftis, and education scholarship stipends.

One breakthrough came this week with a compromise on the K-12 Education Scholarship Stipend bill (S. 62). The bill would provide 15,000 public school students with $7,500 scholarships for private school tuition. After extensive debate over its constitutionality, the majority of legislators believe they have crafted a version that satisfies legal concerns, sending the bill to the Governor’s desk.

Tort reform, however, remains unresolved. An ad hoc committee met this week to discuss the House’s liquor liability bill (H. 3497) and the Senate’s broader tort reform package (S. 244). Lawmakers heard from legal experts, hospitality industry representatives, and counsel for victims of drunk driving as they worked toward a potential hybrid bill incorporating language from both chambers.

Other major issues, including the state budget and income tax reform, were also discussed this week and are expected to continue into the final days of the session. With the clock ticking, legislators are expected to work right up until the 5 p.m. deadline next Thursday.

“There is no one more qualified or prepared to tackle the issues facing our state right now.”
– Governor Henry McMaster

Senate Confirms New Head of Environmental Services

Myra Reece, Governor Henry McMaster’s nominee for Director of the newly formed South Carolina Department of Environmental Services, was confirmed by the state Senate this week in a 29–9 vote, despite opposition from property rights advocates.

Reece had been serving as interim director following the split of the Department of Health and Environmental Control (DHEC) into two separate agencies. Her confirmation received strong support from both the business community and major environmental organizations, with proponents citing her extensive experience as an environmental regulator.

However, her nomination faced pushback from critics concerned about her stance on property rights, particularly in relation to beachfront development and the balance between private ownership and environmental protection. Among the most vocal opponents was Senate Agriculture and Natural Resources Committee Chairman Wes Climer (R-York), who pressed Reece on her views regarding climate change and property rights during her confirmation hearings.

Despite the criticism, Reece’s nomination passed with a comfortable margin, a notably smoother confirmation process compared to Dr. Ed Simmer, nominee for Director of the Department of Public Health. Simmer failed to secure a recommendation from the Senate Medical Affairs Committee earlier this session.

House Considers Allowing Casinos Along I-95

The House Ways and Means Committee met this week to consider H. 4176, the I-95 Economic and Education Stimulus Act, commonly known as the casino bill. In its current form, H. 4176 would ultimately establish the SC Gaming Commission; this body would be responsible for issuing casino licenses in this state.

Under the proposed legislation, the Commission would have the ability to issue one casino license in one of three select counties along I-95. The eligible counties are Dillion, Marlboro, and Orangeburg. Each county council would be responsible for reviewing and approving a request from a potential casino operator who must complete an application that includes a $200 million investment in property and infrastructure, a $500,000 nonrefundable application fee, a $2 million upfront refundable license fee, and a $500,000 annual license fee. The license would be good for 15 years with additional 5-year renewal periods available.

Additionally, the casino would be taxed at 15% on its adjusted gross gaming revenue. That tax would be sent to the general fund, with 3% being allocated to the three counties, regardless of where the casino is located.

Reps. Richie Yow (R-Chesterfield) and Jackie Hayes (D-Dillion) raised questions on the distribution of funds to the other counties and how the permitting process will unfold. The committee ultimately voted on a bipartisan basis of 12-9 to give H. 4176 a favorable report, sending it to the SC House calendar for consideration. Rep. Todd Rutherford (D-Richland), who voted against a favorable report, advised the chair he plans to file a minority report on the bill, which essentially moves H. 4176 directly to the contested section of the calendar.

As of right now, it is possible H. 4176 will be debated on the floor next week.

“We’re committed to making responsible, long-term investments in South Carolina’s future.”
– Senator Thomas Alexander

Healthy Schools Act

The House K-12 Education Subcommittee held a hearing this week on H. 4339, the SC Healthy Schools Act. The aim of H. 4339 is to remove ultra-processed foods from schools.

While most lawmakers and interested parties agree that removing ultra-processed foods from the list of those available to our public school children is a good thing, the process to do so remains a question. As provided in H. 4339, parents would have the final say in what their children eat and still have the freedom to pack any type of food they wish for their child.

The subcommittee took testimony from several interested parties, all of whom support the bill but still offered additional insight on improving the proposed legislation. While the bill lists select prohibited ingredients, such as some food dyes, one of the interested parties suggested that an actual definition of ultra-processed food is needed. Based on feedback, the subcommittee opted to amend H. 4339 to address some of the concerns.

Despite still being a work in progress, the subcommittee voted to give the bill a favorable report, sending it to the full House Education and Public Works Committee for consideration the following day.

The full committee had a lively discussion on how to best approach the bill. Clarifying amendments were adopted in an attempt to clean up the bill’s language. The amendments aimed to clarify the bill’s intent and specifically exempt charter schools from being included.

H. 4339 received a favorable report from the full committee and now moves to the House calendar where it will wait for consideration.

What’s Next?

Stay tuned next week for the final outcomes of this legislative session and the impact on South Carolina’s future.

Week in Review (VOLUME XVI – May 2, 2025)