S.62, the Education Scholarship Trust Fund, has PASSED in the Senate and will now head to the House! This bill makes educational freedom a reality for every student in South Carolina, regardless of where they live or who they are. It's simple— every child in our state deserves an education that helps them achieve their full potential and every parent deserves the opportunity to send their child to the school that best fits their needs. ****----****----****----****----****-----****----****-----****----****-----****----****----****
H 3523
School choice is fundamental to the values of the Republican Party and if passed, our state will prioritize investing in students, not just schools. H 3309 General Bill, By G.M. Smith, Gatch, Herbkersman, Pope, B. Newton, Wooten, Robbins, Mitchell, Chapman, W. Newton, Taylor, Forrest, Hewitt, Kirby, Schuessler, Yow, Long, M.M. Smith, Hardee, Montgomery, Atkinson, Hixon, Ligon, Anderson, Weeks, Willis, Govan and Williams
Summary: Electrical Utilities A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA ENERGY SECURITY ACT" BY AMENDING SECTION 58-3-20, RELATING TO THE MEMBERSHIP, ELECTION, AND QUALIFICATIONS OF THE PUBLIC SERVICE COMMISSION, SO AS TO CHANGE THE NUMBER OF COMMISSIONERS FROM SEVEN TO THREE TO BE ELECTED BY THE GENERAL ASSEMBLY FROM THE STATE AT LARGE; BY AMENDING SECTION 58-3-140, RELATING TO THE PUBLIC SERVICE COMMISSION'S POWERS TO REGULATE PUBLIC UTILITIES, SO AS TO ESTABLISH CONSIDERATIONS AND STATE POLICY FOR THE COMMISSION'S DECISION-MAKING PROCESS, TO ESTABLISH A SCHEDULE FOR CERTAIN TESTIMONY AND DISCOVERY IN CONTESTED PROCEEDINGS, TO PERMIT ELECTRICAL UTILITY CUSTOMERS TO ADDRESS THE COMMISSION AS PUBLIC WITNESSES, AND TO ESTABLISH REQUIREMENTS FOR AN INDEPENDENT THIRD-PARTY CONSULTANT HIRED BY THE COMMISSION; BY AMENDING SECTION 58-3-250, RELATING TO SERVICE OF ORDERS AND DECISIONS ON PARTIES, SO AS TO MAKE A TECHNICAL CHANGE; BY AMENDING SECTION 58-4-10, RELATING TO THE OFFICE OF REGULATORY STAFF AND ITS REPRESENTATION OF PUBLIC INTEREST BEFORE THE COMMISSION, SO AS TO ESTABLISH ITS CONSIDERATIONS FOR PUBLIC INTEREST; BY ADDING SECTION 58-4-150 SO AS TO REQUIRE THE OFFICE OF REGULATORY STAFF TO PREPARE A COMPREHENSIVE STATE ENERGY ASSESSMENT AND ACTION PLAN AND TO ESTABLISH REQUIREMENTS FOR THIS PLAN; BY ADDING CHAPTER 38 TO TITLE 58 SO AS TO ESTABLISH THE SOUTH CAROLINA ENERGY POLICY RESEARCH AND ECONOMIC DEVELOPMENT INSTITUTE; BY ADDING SECTION 58-33-195 SO AS TO ENCOURAGE DOMINION ENERGY, THE PUBLIC SERVICE AUTHORITY, DUKE ENERGY CAROLINAS, AND DUKE ENERGY PROGRESS TO EVALUATE CERTAIN ELECTRICAL GENERATION FACILITIES AND PROVIDE FOR CONSIDERATIONS RELATED TO THESE FACILITIES; BY ADDING SECTION 58-31-205 SO AS TO PERMIT THE PUBLIC SERVICE AUTHORITY TO JOINTLY OWN ELECTRICAL GENERATION AND TRANSMISSION FACILITIES WITH INVESTOR-OWNED ELECTRIC UTILITIES, AND TO PROVIDE REQUIREMENTS FOR JOINT OWNERSHIP; BY AMENDING ARTICLE 9 OF CHAPTER 7, TITLE 13, RELATING TO THE GOVERNOR'S NUCLEAR ADVISORY COUNCIL, SO AS TO ESTABLISH THE COUNCIL IN THE OFFICE OF REGULATORY STAFF, TO PROVIDE FOR ITS DUTIES AND MEMBERSHIP, AND TO PROVIDE FOR THE COUNCIL'S DIRECTOR; BY AMENDING SECTION 37-6-604, RELATING TO THE CONSUMER ADVOCATE'S INTERVENTION ON MATTERS FILED AT THE COMMISSION, SO AS TO TRANSFER THESE DUTIES TO THE OFFICE OF REGULATORY STAFF; BY ADDING SECTION 58-33-196 SO AS TO ENCOURAGE CONSIDERATION OF DEPLOYMENT OF NUCLEAR FACILITIES AND TO PROVIDE RELATED REQUIREMENTS; BY ADDING SECTION 58-37-70 SO AS TO PERMIT A SMALL MODULAR NUCLEAR PILOT PROGRAM AND TO ESTABLISH REQUIREMENTS; BY ADDING ARTICLE 3 TO CHAPTER 37, TITLE 58 SO AS TO PROVIDE FOR STATE AGENCY REVIEW OF ENERGY INFRASTRUCTURE PROJECT APPLICATIONS AND TO PROVIDE A SUNSET, AND BY ADDING ARTICLE 1 TO CHAPTER 37 TO INCLUDE ALL OTHER SECTIONS OF CHAPTER 37; BY AMENDING SECTION 58-40-10, RELATING TO THE DEFINITION OF "CUSTOMER-GENERATOR," SO AS TO ESTABLISH CHARACTERISTICS FOR A "CUSTOMER-GENERATOR"; BY AMENDING SECTION 58-41-30, RELATING TO VOLUNTARY RENEWABLE ENERGY PROGRAMS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS AND CONSIDERATIONS FOR THESE PROGRAMS; BY AMENDING SECTION 58-41-10, RELATING TO DEFINITIONS, SO AS TO ADD THE DEFINITION OF "ENERGY STORAGE FACILITIES"; BY AMENDING SECTION 58-41-20, RELATING TO PROCEEDINGS FOR ELECTRICAL UTILITIES' AVOIDED COST METHODOLOGIES AND RELATED PROCESSES, SO AS TO AUTHORIZE COMPETITIVE PROCUREMENT PROGRAMS FOR RENEWABLE ENERGY, CAPACITY, AND STORAGE, TO PERMIT COMPETITIVE PROCUREMENT OF NEW RENEWABLE ENERGY CAPACITY AND ESTABLISH REQUIREMENTS FOR NON-COMPETITIVE PROCUREMENT PROGRAMS, AND TO DELETE LANGUAGE REGARDING THE COMMISSION HIRING THIRD-PARTY EXPERTS FOR THESE PROCEEDINGS; BY ADDING SECTION 58-41-25 SO AS TO PROVIDE FOR A PROCESS FOR COMPETITIVE PROCUREMENT OF RENEWABLE ENERGY FACILITIES; BY AMENDING SECTION 58-33-20, RELATING TO DEFINITIONS, SO AS TO ADD THE DEFINITION "LIKE FACILITY" AND AMENDING THE DEFINITION OF "MAJOR UTILITY FACILITY"; BY AMENDING ARTICLE 3 OF CHAPTER 33, TITLE 58, RELATING TO CERTIFICATION OF MAJOR UTILITY FACILITIES, SO AS TO PROVIDE FOR A LIKE FACILITY, TO ESTABLISH REQUIREMENTS AND CONSIDERATIONS FOR PROPOSED FACILITIES, TO PROVIDE WHAT ACTIONS MAY BE TAKEN WITHOUT PERMISSION FROM THE COMMISSION, AND TO MAKE TECHNICAL CHANGES; BY AMENDING SECTION 58-37-40, RELATING TO INTEGRATED RESOURCES PLANS, SO AS TO ADD CONSIDERATION OF A UTILITY'S TRANSMISSION AND DISTRIBUTION RESOURCE PLAN, TO ESTABLISH PROCEDURAL REQUIREMENTS AND EVALUATION BY THE COMMISSION, AND REQUIRE PARTIES TO BEAR THEIR OWN COSTS; BY AMENDING SECTION 58-3-260, RELATING TO COMMUNICATIONS BETWEEN THE COMMISSION AND PARTIES, SO AS TO MODIFY REQUIREMENTS FOR ALLOWABLE EX PARTE COMMUNICATIONS AND BRIEFINGS, AND TO PERMIT COMMISSION TOURS OF UTILITY PLANTS OR OTHER FACILITIES UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 58-3-270, RELATING TO EX PARTE COMMUNICATION COMPLAINT PROCEEDINGS AT THE ADMINISTRATIVE LAW COURT, SO AS TO PERMIT AN ORDER TOLLING ANY DEADLINES ON A PROCEEDING SUBJECT TO A COMPLAINT TO THE EXTENT THE PROCEEDING WAS PREJUDICED SO THAT THE COMMISSION COULD NOT CONSIDER THE MATTER IMPARTIALLY; BY ADDING CHAPTER 43 TO TITLE 58 SO AS TO ESTABLISH ECONOMIC DEVELOPMENT RATES FOR ELECTRICAL UTILITIES; BY AMENDING SECTION 58-33-310, RELATING TO AN APPEAL FROM A FINAL ORDER OR DECISION OF THE COMMISSION, SO AS TO REQUIRE A FINAL ORDER ISSUED PURSUANT TO CHAPTER 33, TITLE 58 BE IMMEDIATELY APPEALABLE TO THE SOUTH CAROLINA SUPREME COURT AND TO PROVIDE FOR AN EXPEDITED HEARING; BY AMENDING SECTION 58-33-320, RELATING TO JOINT HEARINGS AND JOINT INVESTIGATIONS, SO AS TO MAKE A CONFORMING CHANGE; BY ADDING SECTION 58-4-160 SO AS TO REQUIRE THE OFFICE OF REGULATORY STAFF TO CONDUCT A STUDY TO EVALUATE ESTABLISHING A THIRD-PARTY ADMINISTRATOR FOR ENERGY EFFICIENCY AND DEMAND-SIDE MANAGEMENT PROGRAMS; BY AMENDING SECTION 58-37-10, RELATING TO DEFINITIONS, SO AS TO ADD A REFERENCE TO "DEMAND-SIDE MANAGEMENT PROGRAM" AND PROVIDE DEFINITIONS FOR "COST-EFFECTIVE" AND "DEMAND-SIDE MANAGEMENT PILOT PROGRAM"; BY AMENDING SECTION 58-37-20, RELATING TO COMMISSION PROCEDURES ENCOURAGING ENERGY EFFICIENCY PROGRAMS, SO AS TO EXPAND COMMISSION CONSIDERATIONS FOR COST-EFFECTIVE, DEMAND-SIDE MANAGEMENT AND ENERGY EFFICIENCY PROGRAMS, AND REQUIRE EACH INVESTOR-OWNED ELECTRICAL UTILITY TO SUBMIT AN ANNUAL REPORT TO THE COMMISSION REGARDING ITS DEMAND-SIDE MANAGEMENT PROGRAMS; BY AMENDING SECTION 58-37-30, RELATING TO REPORTS ON DEMAND-SIDE ACTIVITIES, SO AS TO MAKE A CONFORMING CHANGE; BY ADDING SECTION 58-37-35 SO AS TO PERMIT PROGRAMS AND CUSTOMER INCENTIVES TO ENCOURAGE OR PROMOTE DEMAND-SIDE MANAGEMENT PROGRAMS FOR CUSTOMER-SITED DISTRIBUTION RESOURCES, AND TO PROVIDE CONSIDERATIONS FOR THESE PROGRAMS; BY AMENDING SECTION 58-37-50, RELATING TO AGREEMENTS FOR ENERGY EFFICIENCY AND CONSERVATION MEASURES, SO AS TO ESTABLISH CERTAIN TERMS AND RATE RECOVERY FOR AGREEMENTS FOR FINANCING AND INSTALLING ENERGY EFFICIENCY AND CONSERVATION MEASURES, AND FOR APPLICATION TO A RESIDENCE OCCUPIED BEFORE THE MEASURES ARE TAKEN; BY ADDING SECTION 58-31-215 SO AS TO AUTHORIZE THE PUBLIC SERVICE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF COMMERCE, TO SERVE AS AN ANCHOR SUBSCRIBER OF NATURAL GAS AND PIPELINE CAPACITY FOR THIS STATE, TO ESTABLISH THE "ENERGY INVESTMENT AND ECONOMIC DEVELOPMENT FUND," AND TO PROVIDE FOR RELATED REQUIREMENTS; BY AMENDING SECTION 58-3-70, RELATING TO COMPENSATION OF PUBLIC SERVICE COMMISSION MEMBERS, SO AS TO ESTABLISH SALARIES IN AMOUNTS EQUAL TO NINETY-SEVEN AND ONE-HALF PERCENT OF SUPREME COURT ASSOCIATE JUSTICES; BY ADDING SECTION 58-41-50 SO AS TO PROVIDE REQUIREMENTS AND CONSIDERATION FOR CO-LOCATED RESOURCES BETWEEN A UTILITY AND ITS CUSTOMER UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 58-4-15 SO AS TO ESTABLISH THE DIVISION OF CONSUMER ADVOCACY WITHIN THE OFFICE OF REGULATORY STAFF AND TO TRANSFER THE DUTIES OF THE DIVISION OF CONSUMER ADVOCACY IN THE DEPARTMENT OF CONSUMER AFFAIRS TO THE OFFICE OF REGULATORY STAFF; BY AMENDING SECTION 58-40-10, RELATING TO DEFINITIONS, SO AS TO AMEND THE DEFINITION OF "RENEWABLE ENERGY RESOURCE"; AND FOR OTHER PURPOSES. The following graphic is a general description of the legislation's status. Users must reference the bill history and the respective journals of the House and Senate for detailed status information.View full text View Vote History View Fiscal Impact| 12/05/24 | House | Prefiled | | 12/05/24 | House | Referred to Committee on Labor, Commerce and Industry | | 01/14/25 | House | Introduced and read first time (House Journal-page 161) | | 01/14/25 | House | Referred to Committee on Labor, Commerce and Industry (House Journal-page 161) | | 01/15/25 | House | Member(s) request name added as sponsor: Schuessler | | 01/16/25 | House | Member(s) request name added as sponsor: Yow | | 02/04/25 | House | Member(s) request name added as sponsor: M.M.Smith | | 02/06/25 | House | Member(s) request name added as sponsor: Hardee, Montgomery | | 02/06/25 | House | Committee report: Favorable with amendment Labor, Commerce and Industry (House Journal-page 6) | | 02/11/25 | House | Member(s) request name added as sponsor: Atkinson, Hixon, Ligon | | 02/12/25 | House | Member(s) request name added as sponsor: Anderson, Weeks | | 02/12/25 | House | Requests for debate-Rep(s). Herbkersman, B Newton, McDaniel, Lawson, Hixon, Hewitt, Taylor, Oremus, Harris, Vromer, BL Cox, Holman, MM Smith, Martin, Robbins, Gatch, Gilliard, Anderson, Rivers, King, Bamberg, JL Johnson, Hager, Henderson-Myers, JA Moore, Williams, Govan, Grant, Spann-Wilder, Crawford, Guest, T Moore, McGinnis, Jones, Huff, White (House Journal-page 42) | | 02/12/25 | House | Member(s) request name added as sponsor: Willis, Govan, Williams | | 02/12/25 | House | Amended (House Journal-page 48) | | 02/12/25 | House | Read second time (House Journal-page 48) | | 02/12/25 | House | Roll call Yeas-94 Nays-11 (House Journal-page 80) | | 02/13/25 | House | Read third time and sent to Senate (House Journal-page 64) | | 02/18/25 | Senate | Introduced and read first time | | 02/18/25 | Senate | Referred to Committee on Judiciary |
Session 126 (2025-2026)
H 3523 General Bill, By J.E. Johnson, W. Newton, Robbins, Mitchell, Pedalino,
Taylor, Long, Bailey, Calhoon, Yow, Weeks, Erickson, Bradley, Hager, Whitmire,
Hixon, Cromer, Gilreath, Oremus and Hartz
Similar(S 159)
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-13-135,
RELATING TO THE OFFENSE OF RETAIL THEFT AND ASSOCIATED PENALTIES, SO AS TO
REVISE NECESSARY DEFINITIONS, TO REVISE THE PREVIOUS OFFENSE OF RETAIL THEFT
TO CREATE THE OFFENSES OF ORGANIZED RETAIL CRIME AND ORGANIZED RETAIL CRIME OF
AN AGGRAVATED NATURE, AND TO PROVIDE A GRADUATED PENALTY STRUCTURE.
12/5/2024 House Prefiled
12/5/2024 House Referred to Committee on Judiciary
1/14/2025 House Introduced and read first time (House Journal-page 233)
1/14/2025 House Referred to Committee on Judiciary (House Journal-page 233)
1/29/2025 House Member(s) request name added as sponsor: Bailey
2/5/2025 House Member(s) request name added as sponsor: Calhoon
2/6/2025 House Committee report: Favorable Judiciary (House Journal-page 6)
2/12/2025 House Member(s) request name added as sponsor: Yow,
Weeks, Erickson, Bradley, Hager, Whitmire
2/12/2025 House Debate adjourned until Thur., 2-13-25 (House Journal-page 41)
2/13/2025 House Member(s) request name added as sponsor: Hixon,
Cromer, Gilreath, Oremus, Hartz
2/13/2025 House Read second time (House Journal-page 16)
2/13/2025 House Roll call Yeas-101 Nays-0 (House Journal-page 16)
2/13/2025 House Unanimous consent for third reading on next
legislative day (House Journal-page 18)
2/18/2025 Senate Introduced and read first time
2/18/2025 Senate Referred to Committee on Judiciary
 H 3523 General Bill, By J.E. Johnson, W. Newton, Robbins, Mitchell, Pedalino, Taylor, Long, Bailey, Calhoon, Yow, Weeks, Erickson, Bradley, Hager, Whitmire, Hixon, Cromer, Gilreath, Oremus and HartzIndicates Matter Stricken Indicates New Matter Committee Report February 6, 2025 H. 3523 S. Printed 2/6/25--H. Read the first time January 14, 2025 ________ To whom was referred a Bill (H. 3523) to amend the South Carolina Code of Laws by amending Section 16-13-135, relating to the offense of retail theft and associated penalties, so as to revise necessary, etc., respectfully That they have duly and carefully considered the same, and recommend that the same do pass: W. NEWTON for Committee. This bill provides that the following offenses are unlawful misdemeanor or felony offenses for retail theft: Committing theft of retail property (to now include merchandise credit) from a retail establishment in a value exceeding $2,000, aggregated over a 90-day period when the offender has the intent to cause the property to be placed in the control of a retail property fence or other person for consideration; and Conspiring with another person to commit theft of retail property (to now include merchandise credit) from a retail establishment in a value exceeding $2,000, aggregated over a 90-day period, when the offender has the intent to cause the property to be placed in the control of a retail property fence or other person for consideration; or illegally or fraudulently obtain confidential data or consumer personally identifiable information for the purpose of converting it into financial gain. The bill also provides that any property, funds, or interest a person has acquired or maintained in violation of these provisions are subject to forfeiture and modifies the penalty schedules for retail theft including fines and imprisonment. This bill may result in an increase in the number of circuit court cases and potentially the number of incarcerations, which may increase the workload of the court system and the Commission of Indigent Defense, the Commission on Prosecution Coordination, the Department of Corrections, and the Department of Probation, Parole, and Pardon Services. The potential increase in expenses for each agency will depend upon the increase in the number of cases and number of incarcerations. These agencies anticipate that the potential increase in caseload can be managed within existing appropriations. For information, according to Corrections, in FY 2023-24, the annual total cost per inmate was $40,429, of which $36,553 was state funded. This bill may result in a change in the fines and fees collected in court. Court fines and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, the Revenue and Fiscal Affairs Office (RFA) anticipates this bill may result a change to General Fund and Other Funds revenue due to the change in fines and fees collections in court. Frank A. Rainwater, Executive Director Revenue and Fiscal Affairs Office _______ TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-13-135, RELATING TO THE OFFENSE OF RETAIL THEFT AND ASSOCIATED PENALTIES, SO AS TO REVISE NECESSARY DEFINITIONS, TO REVISE THE PREVIOUS OFFENSE OF RETAIL THEFT TO CREATE THE OFFENSES OF ORGANIZED RETAIL CRIME AND ORGANIZED RETAIL CRIME OF AN AGGRAVATED NATURE, AND TO PROVIDE A GRADUATED PENALTY STRUCTURE. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 16-13-135 of the S.C. Code is amended to read: Section 16-13-135. (A) As used in this section: (1) "Organized retail crime" means two or more people conspiring to commit theft of retail property from a retail establishment with the intent to sell, barter, exchange, or reenter such retail property into commerce for monetary or other gain. (1)(2) "Retail property" means a newan article, merchandise, property, money or negotiable documents including gift cards or other forms of credit, productproducts, commoditycommodities, itemitems, or componentcomponents intended to be sold in retail commerce. (2)(3) "Retail property fence" means a person or business that buys retail property knowing or believing that the retail property is stolen. (3)(4) "Theft" means to take possession of, carry away, transfer, or cause to be carried away the retail property of another with the intent to stealdeprive the merchant of the possession, use, benefit, and value of the retail property. (4)(5) "Value" means the retail value of an item as offered for sale to the public by the affected retail establishment and includes all applicable taxes. (B) It is unlawful for a person to: (1) commit theft of retail property from a retail establishmentorganized retail crime, with a value exceeding two thousand dollars aggregated over a ninety-day period, with the intent to sell the retail property for monetary or other gain, and sell, barter, take, or cause the retail property to be placed in the control of a retail property fence or other person in exchange for consideration; or (2) conspire with another person to commit theft of retail property from a retail establishment, with a value exceeding two thousand dollars aggregated over a ninety-day period, with the intent to: (a) sell, barter, or exchange the retail property for monetary or other gain; or (b) place the retail property in the control of a retail property fence or other person in exchange for consideration; or (3)(2) receive, possess, or sell retail property that has been taken or stolen in violation of item (1) or (2) while knowing or having reasonable grounds to believe the property is stolen. A person is guilty of this offense whether or not anyone is convicted of the property theft. (C) Acts committed in different counties that have been aggregated in one count may be indicted and prosecuted in any one of the counties in which the acts occurred. In a prosecution for a violation of this section, the State is not required to establish and it is not a defense that some of the acts constituting the crime did not occur within one city, county, or local jurisdiction. However, nothing in this subsection may be interpreted to allow a circuit solicitor or persons in the circuit solicitor's employ to prosecute cases outside of the circuit where the circuit solicitor was elected without the consent of the resident circuit solicitor. (D) Property, funds, and interest a person has acquired or maintained in violation of this section are subject to forfeiture pursuant to the procedures for forfeiture as provided in Section 44-53-530. (E) A person who violates this section commits the offense of organized retail crime, and: (1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years, or both; and (2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than twenty years, or both. (1) for a first offense: (a) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years, or both, if the value of the retail property is more than two thousand dollars but less than ten thousand dollars; (b) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than five years, or both, if the value of the retail property is more than ten thousand dollars but less than twenty thousand dollars; (c) is guilty of a felony and, upon conviction, must be fined not more than twenty thousand dollars or imprisoned for not more than ten years, or both, if the value of the retail property is more than twenty thousand dollars but less than fifty thousand dollars; (d) is guilty of a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned for not more than twenty years, or both, if the value of the retail property is more than fifty thousand dollars; (2) for a second or subsequent offense, is guilty of a felony and, upon conviction, regardless of the value of the retail property in any offense, must be fined not more than fifty thousand dollars or imprisoned for not more than twenty years, or both; (3) for purposes of this section, multiple offenses occurring within a ninety-day period may be aggregated into a single count with the aggregated value used to determine the total value of the property; (4) organized retail crime is a lesser-included offense of organized retail crime of an aggravated nature as provided in subsection (F). (F)(1) A person commits the offense of organized retail crime of an aggravated nature if, while committing the offense of organized retail crime, the person wilfully and maliciously: (a) damages, destroys, or defaces real or personal property in excess of two thousand dollars; or (b) causes moderate bodily injury or great bodily injury to another person. "Moderate bodily injury" and "great bodily injury" have the same meanings as defined in Section 16-3-600. (2) A person convicted of organized retail crime of an aggravated nature is guilty of a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than fifteen years, or both. SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. SECTION 3. This act takes effect upon approval by the Governor.
Session 126 (2025-2026) H 3643 General Bill, By B. Newton, Pope, Chapman, Taylor, Bowers, Sanders,
Davis, Landing, Kilmartin, Long, Lawson, Hager, Crawford, Bailey, Gagnon,
Hartnett, McGinnis, M.M. Smith, Haddon, Neese, Teeple, Forrest, Willis, Rankin,
Holman, McCravy, Gibson, Brittain, Guffey, Sessions, B.L. Cox, Bustos, Hixon,
Hart, Oremus, T. Moore, Montgomery, Hardee, Wickensimer, Beach, White, Erickson,
Bradley, Mitchell, Hartz, B.J. Cox, Guest, Whitmire, Burns and Terribile
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 7-5-200 SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ONLY ELECTORS REGISTERED AS AFFILIATED WITH A CERTIFIED POLITICAL PARTY OR AS UNAFFILIATED FOR A CERTAIN PERIOD OF TIME MAY PARTICIPATE IN A PARTISAN PRIMARY OR ADVISORY REFERENDUM HELD BY THAT PARTY, AND TO ESTABLISH PROCESSES BY WHICH ELECTORS REGISTER OR BECOME REGISTERED AS AFFILIATED WITH A POLITICAL PARTY; BY AMENDING SECTIONS 7-5-170 AND 7-5-185, BOTH RELATING TO APPLICATIONS FOR VOTER REGISTRATION, BOTH SO AS TO INCLUDE INFORMATION REGARDING AN APPLICANT'S POLITICAL PARTY AFFILIATION; BY AMENDING SECTION 7-11-15, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO SHORTEN THE CANDIDATE FILING PERIOD, TO REQUIRE ALL CANDIDATES FROM EACH POLITICAL PARTY IN THIS STATE TO PAY A FILING FEE, AND TO AUTHORIZE POLITICAL PARTIES TO CHARGE A CERTIFICATION FEE TO ALL CANDIDATES; BY AMENDING SECTION 7-11-210, RELATING TO FILING OF PARTY PLEDGES BY CANDIDATES, SO AS TO CHANGE THE DATE BY WHICH A PARTY PLEDGE MUST BE FILED; AND BY AMENDING SECTION 7-13-40, RELATING TO THE CERTIFICATION OF NAMES BY A POLITICAL PARTY TO BE PLACED ON PRIMARY BALLOTS, SO AS TO PROVIDE THAT ONLY PERSONS WHO HAVE PARTICIPATED IN A POLITICAL PARTY'S RECENT STATEWIDE PRIMARIES AND ARE REGISTERED AS AFFILIATED WITH THE PARTY FOR A CERTAIN PERIOD OF TIME ARE ELIGIBLE TO APPEAR ON THE BALLOT FOR THAT PARTY'S PARTISAN PRIMARY UNLESS THE PARTY HAS TAKEN ACTION TO WAIVE THESE REQUIREMENTS.
| Date | Body | Action Description with journal page number |
|---|
| 12/12/2024 | House | Prefiled
| | 12/12/2024 | House | Referred to Committee on Judiciary | | 1/14/2025 | House | Introduced and read first time (House Journal-page 278) | | 1/14/2025 | House | Referred to Committee on Judiciary (House Journal-page 278) | | 1/15/2025 | House | Member(s) request name added as sponsor: Davis
| | 1/16/2025 | House | Member(s) request name added as sponsor: Landing
| | 1/28/2025 | House | Member(s) request name added as sponsor: Kilmartin
| | 1/29/2025 | House | Member(s) request name added as sponsor: Lawson,
Hager, Crawford, Bailey, Gagnon, Hartnett,
McGinnis, M.M. Smith, Haddon, Neese, Teeple,
Forrest, Willis, Rankin, Holman, McCravy,
Gibson, Brittain, Guffey, Sessions, B.L. Cox
| | 1/30/2025 | House | Member(s) request name added as sponsor: Bustos,
Hixon, Hartz, Oremus
| | 2/4/2025 | House | Member(s) request name added as sponsor: T.
Moore, Montgomery, Hardee, Wickensimer,
Beach, White, Erickson, Bradley, Mitchell
| | 2/5/2025 | | Scrivener's error corrected
| | 2/5/2025 | House | Member(s) request name added as sponsor: B.J.
Cox, Guest
| | 2/6/2025 | House | Member(s) request name added as sponsor:
Whitmire, Burns, Terribile
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H. 3643 TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 7-5-200 SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ONLY ELECTORS REGISTERED AS AFFILIATED WITH A CERTIFIED POLITICAL PARTY OR AS UNAFFILIATED FOR A CERTAIN PERIOD OF TIME MAY PARTICIPATE IN A PARTISAN PRIMARY OR ADVISORY REFERENDUM HELD BY THAT PARTY, AND TO ESTABLISH PROCESSES BY WHICH ELECTORS REGISTER OR BECOME REGISTERED AS AFFILIATED WITH A POLITICAL PARTY; BY AMENDING SECTIONs 7-5-170 and 7-5-185, both RELATING TO APPLICATIONS FOR VOTER REGISTRATION, both SO AS TO INCLUDE INFORMATION REGARDING AN APPLICANT'S POLITICAL PARTY AFFILIATION; BY AMENDING SECTION 7-11-15, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO SHORTEN THE CANDIDATE FILING PERIOD, TO REQUIRE ALL CANDIDATES FROM EACH POLITICAL PARTY IN THIS STATE TO PAY A FILING FEE, AND TO AUTHORIZE POLITICAL PARTIES TO CHARGE A CERTIFICATION FEE TO ALL CANDIDATES; BY AMENDING SECTION 7-11-210, RELATING TO FILING OF PARTY PLEDGES BY CANDIDATES, SO AS TO CHANGE THE DATE BY WHICH A PARTY PLEDGE MUST BE FILED; AND BY AMENDING SECTION 7-13-40, RELATING TO THE CERTIFICATION OF NAMES BY A POLITICAL PARTY TO BE PLACED ON PRIMARY BALLOTS, SO AS TO PROVIDE THAT ONLY PERSONS WHO HAVE PARTICIPATED IN A POLITICAL PARTY'S RECENT STATEWIDE PRIMARIES AND ARE REGISTERED AS AFFILIATED WITH THE PARTY FOR A CERTAIN PERIOD OF TIME ARE ELIGIBLE TO APPEAR ON THE BALLOT FOR THAT PARTY'S PARTISAN PRIMARY UNLESS THE PARTY HAS TAKEN ACTION TO WAIVE THESE REQUIREMENTS. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Article 3, Chapter 5, Title 7 of the S.C. Code is amended by adding: Section 7-5-200. (A) An elector must either be registered as a member of a certified political party or as unaffiliated with a certified political party forty-five days prior to the date of a partisan primary or advisory referendum held by that party in order to participate. Provided, upon casting a vote in a partisan primary election or partisan advisory referendum of a certified political party, an unaffiliated elector becomes a registered member of that certified political party. In no event may an elector registered as a member of a certified political party vote in the partisan primary election or advisory referendum of another certified political party with which that elector is not registered. (B) An application for voter registration, regardless of form, must provide a place for the applicant to indicate a preference to be affiliated with a certified political party, or a preference to be an unaffiliated voter. If an applicant fails to declare a preference for a certified political party or for unaffiliated status, the applicant must be assigned an unaffiliated status unless the applicant is already registered in the county as affiliated with a certified political party. A registered elector's status as affiliated with a certified political party or as unaffiliated may not be changed except by written request or confirmation of the elector, or upon an unaffiliated elector's participation in the partisan primary election or partisan advisory referendum of a certified political party. (C) A registered elector who wishes to have the record of his affiliation with a certified political party or unaffiliated status on his registration changed may indicate and submit the change on an application for voter registration or other form for updating an elector's registration record as may be approved by the State Election Commission. (D) The State Election Commission shall ensure each registered elector's political party affiliation or unaffiliated status is captured in the statewide voter registration file and poll books or precinct lists, as appropriate. SECTION 2.A. Section 7-5-170(2) of the S.C. Code is amended to read: (2) Form of application. - The application must be on a form prescribed and provided by the executive director and shall contain the following information: name, sex, race, social security number, date of birth, residence address, mailing address, telephone number of the applicant, political party affiliation or unaffiliated status, and location of prior voter registration. The applicant must affirm that he is not under a court order declaring him mentally incompetent, confined in any public prison, has never been convicted of a felony or offense against the election laws, or if previously convicted that he has served his entire sentence, including probation and parole time, or has received a pardon for the conviction. Additionally, the applicant must take the following oath: "I, do solemnly swear (or affirm) that I am a citizen of the United States and that on the date of the next ensuing election, I will have attained the age of eighteen years and am a resident of South Carolina, this county, and of my precinct. I further swear (or affirm) that the present residence address listed herein is my sole legal place of residence, that I claim no other place as my legal residence, and that, to my knowledge, I am neither registered nor intend to register to vote in another state or county." Any applicant convicted of fraudulently applying for registration is guilty of perjury and is subject to the penalty for that offense. B. Section 7-5-185(B)(5) of the S.C. Code is amended to read: (5) An application submitted pursuant to this section must contain the applicant's name, sex, race, social security number, date of birth, residence address, mailing address, telephone number of the applicant, political party affiliation or unaffiliated status, and location of prior voter registration. The applicant must affirm that he is not under a court order declaring him mentally incompetent, confined in a public prison, has never been convicted of a felony or offense against the election laws, or if previously convicted, that he has served his entire sentence, including probation and parole time, or has received a pardon for the conviction. Additionally, the applicant must attest to the following: "I do solemnly swear (or affirm) that I am a citizen of the United States and that on the date of the next ensuing election, I will have attained the age of eighteen years and am a resident of South Carolina, this county, and of my precinct. I further swear (or affirm) that the present residence address listed herein is my sole legal place of residence and that I claim no other place as my legal residence." An applicant convicted of fraudulently applying for registration is guilty of perjury and is subject to the penalty for that offense. SECTION 3. Section 7-11-15(A) of the S.C. Code is amended to read: (A) In order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy and party pledge and submit any filing fees between noon on March sixteenth and noon on March thirtieth twenty-fifth as provided in this section. If March thirtieth twenty-fifth is on a Saturday or Sunday, the time for filing extends to the next regular business day. For purposes of this section and Section 7-13-45, "next regular business day" means a day that is not a Saturday, Sunday, or legal holiday. Notwithstanding another provision of law, beginning July 1, 2026, all candidates from each political party in this State shall pay a filing fee, including candidates from parties that choose not to conduct a primary election. In addition to the filing fee required pursuant to this subsection, political parties may also charge a certification fee not to exceed the sum of one hundred dollars to all candidates seeking nomination by political party primary or political party convention. (1) Except as otherwise provided in this section, candidates seeking nomination for a statewide, congressional, or district office that includes more than one county must file their statements of intention of candidacy, and party pledge and submit any filing fees with the State Election Commission. (2) Candidates seeking nomination for the State Senate or House of Representatives must file their statements of intention of candidacy and party pledge and submit any filing fees with the State Election Commission or county board of voter registration and elections in the county of their residence. The state executive committees must certify candidates pursuant to Section 7-13-40. (3) Candidates seeking nomination for a countywide or less than countywide office shall file their statements of intention of candidacy and party pledge and submit any filing fees with the county board of voter registration and elections in the county of their residence. SECTION 4. Section 7-11-210 of the S.C. Code is amended to read: Section 7-11-210. (A) Every candidate for selection as a nominee of any political party for any state office, United States Senator, member of Congress, or solicitor, to be voted for in any party primary election or political party convention, shall file with and place in the possession of the appropriate election commission, pursuant to Section 7-11-15 by twelve o'clock noon on March thirtieth twenty-fifth a party pledge in the following form, the blanks being properly filled in and the party pledge signed by the candidate: "I hereby file my notice as a candidate for the nomination as ___________ in the primary election or convention to be held on ___________ . I affiliate with the ___________ Party, and I hereby pledge myself to abide by the results of the primary or convention. I shall not authorize my name to be placed on the general election ballot by petition and will not offer or campaign as a write-in candidate for this office or any other office for which the party has a nominee. I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for the office has become deceased or otherwise disqualified for election in the ensuing general election. I hereby affirm that I meet, or will meet by the time of the general or special election, or as otherwise required by law, the qualifications for this office". (B) Every candidate for selection in a primary election as the nominee of any political party for member of the Senate, member of the House of Representatives, and all county and township offices shall file with and place in the possession of the county board of voter registration and elections of the county in which they reside by twelve o'clock noon on March thirtieth twenty-fifth a like party pledge. (C) The party pledge required by this section to be filed by a candidate in a primary must be signed personally by the candidate, and the signature of the candidate must be signed in the presence of an individual authorized by the election commission director. Any party pledge of any candidate signed by an agent on behalf of a candidate shall not be valid. (D) In the event that a person who was defeated as a candidate for nomination to an office in a party's primary election shall thereafter offer or campaign as a candidate against any nominee for election to any office in the ensuing general election, the state chairman of the party which held the primary (if the office involved is one voted for in the general election by the electors of more than one county), or the county chairman of the party which held the primary (in the case of all other offices), shall forthwith institute an action in a court of competent jurisdiction for an order enjoining the person from so offering or campaigning in the general election, and the court is hereby empowered upon proof of these facts to issue an order. SECTION 5. Section 7-13-40 of the S.C. Code is amended to read: Section 7-13-40. (A) In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county boards of voter registration and elections on the second Tuesday in June of each general election year, and a second and third primary each two weeks successively thereafter, if necessary. Written certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county board of voter registration and elections whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on April fifth, or if April fifth falls on a Saturday or Sunday, not later than twelve o'clock noon on the following Monday. Political parties nominating candidates by party primary must verify the qualifications of those candidates prior to certification to the appropriate election commission of the names of candidates to be placed on primary ballots. The written verification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for office for which he has filed. A political party must not certify any candidate who does not or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office for which the candidate has filed, and such candidate's name shall not be placed on a primary ballot. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting primary elections and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater. (B)(1) Only persons who have voted in two of the last three statewide primaries of a certified political party and are registered as affiliated with that certified political party at least forty-five days prior to the opening of the applicable candidate filing period for a particular office are eligible to appear on the ballot for that party's partisan primary. Provided, the state executive committee of the party may, by resolution, grant a waiver to a candidate who does not meet the participation requirement prior to the deadline for certifying candidates under subsection (A). The state executive committee may also, by resolution or party rules adopted at least one hundred and twenty days prior to the opening of the applicable candidate filing period, take action to open filing to persons who are registered as unaffiliated, are registered as affiliated with another party, or both. (2) A political party may not refuse to certify a candidate on the basis of party affiliation who, at least forty-five days prior to the opening of the applicable candidate filing period, is registered as: (a) affiliated with that political party; (b) unaffiliated, if the party has taken action pursuant to item (1) to open candidate filing to persons registered as unaffiliated; or (c) affiliated with another party if the party has taken action pursuant to item (1) to open candidate filing to persons registered as affiliated with another party. SECTION 6. The State Election Commission must establish a voter education program concerning the provisions contained in this legislation. SECTION 7. Any changes to forms required by this act must be implemented as soon as possible, but not later than October 1, 2025. SECTION 8. This act takes effect upon approval by the Governor and applies to all primaries conducted after March 31, 2026. ----XX---- This web page was last updated on February 5, 2025 at 1:42 PM
Session 126 (2025-2026)
H 3927 General Bill, By Gilliam, Hiott, G.M. Smith, Bailey, Ballentine, Bannister,
Bowers, Bradley, Brewer, Brittain, Bustos, Calhoon, Caskey, Chapman, B.J. Cox,
B.L. Cox, Crawford, Davis, Erickson, Forrest, Gagnon, Gatch, Gibson, Guest,
Guffey, Haddon, Hager, Hardee, Hartnett, Hartz, Herbkersman, Hewitt, Hixon,
Holman, J.E. Johnson, Jordan, Landing, Lawson, Ligon, Long, Lowe, Martin,
McCravy, McGinnis, Mitchell, Montgomery, T. Moore, Moss, Murphy, Neese, B. Newton,
W. Newton, Oremus, Pedalino, Pope, Rankin, Robbins, Sanders, Schuessler,
Sessions, M.M. Smith, Taylor, Teeple, Vaughan, Whitmire, Wickensimer, Willis,
Wooten, Yow, Terribile, Pace, Kilmartin, Beach, Edgerton, Magnuson, Cromer and
Huff
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "ENDING ILLEGAL DISCRIMINATION AND RESTORING MERIT-BASED OPPORTUNITY ACT" BY ADDING ARTICLE 29 TO TITLE 1, CHAPTER 1 SO AS TO PROHIBIT EVERY OFFICE, DIVISION, OR OTHER UNIT BY ANY NAME OF EVERY OFFICE OR DEPARTMENT OF THIS STATE, AND ALL OF ITS POLITICAL SUBDIVISIONS, INCLUDING ALL INSTITUTIONS OF HIGHER LEARNING AND SCHOOL DISTRICTS, FROM PROMOTING DIVERSITY, EQUITY, AND INCLUSION, AND TO PROVIDE EXCEPTIONS; AND TO PROMOTE INDIVIDUAL INITIATIVE, EXCELLENCE, AND HARD WORK; AND TO SPECIFY APPLICABILITY.
| Date | Body | Action Description with journal page number |
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| 2/6/2025 | House | Introduced and read first time (House Journal-page 31) | | 2/6/2025 | House | Referred to Committee on Education and Public Works (House Journal-page 31) | | 2/11/2025 | House | Member(s) request name added as sponsor:
Terribile, Pace, Kilmartin, Beach, Edgerton,
Magnuson, Cromer, Huff
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H. 3927 TO AMEND THE SOUTH CAROLINA CODE OF LAWS by ENACTing THE "ENDING ILLEGAL DISCRIMINATION AND RESTORING MERIT-BASED OPPORTUNITY ACT" BY ADDING article 29 to Chapter 1, title 1 SO AS TO PROHIBIT EVERY OFFICE, DIVISION, OR OTHER UNIT BY ANY NAME OF EVERY OFFICE OR DEPARTMENT OF THIS STATE, AND ALL OF ITS POLITICAL SUBDIVISIONS, INCLUDING ALL INSTITUTIONS OF HIGHER LEARNING AND SCHOOL DISTRICTS, FROM PROMOTING DIVERSITY, EQUITY, AND INCLUSION, AND TO PROVIDE EXCEPTIONS; and TO PROMOTE INDIVIDUAL INITIATIVE, EXCELLENCE, AND HARD WORK; AND TO SPECIFY APPLICABILITY. Whereas, longstanding state and federal civil rights laws protect individual South Carolinians from discrimination based on race, religion, color, sex, age, national origin, or disability. These civil rights protections serve as a bedrock supporting equality of opportunity for all South Carolinians; and Whereas, the General Assembly finds it necessary to ensure that these laws are enforced for the benefit of all South Carolinians; and Whereas, the General Assembly finds that roughly 60 years after the passage of the Civil Rights Act of 1964, critical and influential institutions of American society, including the Federal Government, major corporations, financial institutions, the medical industry, large commercial airlines, and institutions of higher education have adopted and actively used dangerous, demeaning, and immoral race- and sex-based preferences under the guise of so-called "diversity, equity, and inclusion" (DEI) or "diversity, equity, inclusion, and accessibility" (DEIA) that can violate the civil rights laws of this State and Nation; and Whereas, illegal DEI and DEIA policies not only violate the text and spirit of our longstanding state and federal civil rights laws, they also undermine our national unity, as they deny, discredit, and undermine the traditional American values of hard work, excellence, and individual achievement in favor of an unlawful, corrosive, and pernicious identity-based spoils system. Hardworking South Carolinians who deserve a shot at the American Dream should not be stigmatized, demeaned, or shut out of opportunities because of their race or sex; and Whereas, these illegal DEI and DEIA policies also threaten the safety of men, women, and children across South Carolina by diminishing the importance of individual merit, aptitude, hard work, and determination when selecting people for jobs and services in key sectors of American society, including all levels of government, and the medical and aviation communities. Yet in case after tragic case, South Carolinians have witnessed first-hand the disastrous consequences of illegal, pernicious discrimination that has prioritized how people were born instead of what they were capable of doing. Now, therefore, Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. This act may be cited as the "Ending Illegal Discrimination and Restoring Merit-Based Opportunity Act." SECTION 2. Chapter 1, Title 1 of the S.C. Code is amended by adding: Article 29 Diversity, Equity, and Inclusion Section 1-1-1910. (A) As used in this section, promoting "diversity, equity, and inclusion" means any attempt or effort to: (1) influence hiring or employment practices with respect to race, sex, color, ethnicity, gender, or sexual orientation other than through the use of color-blind and sex-neutral hiring processes in accordance with any applicable state and federal antidiscrimination laws; (2) promote differential treatment of or providing special benefits to individuals on the basis of race, sex, color, ethnicity, gender, or sexual orientation; (3) promote policies or procedures designed or implemented in reference to race, sex, color, ethnicity, gender, or sexual orientation for any purpose other than ensuring compliance with any applicable court order or state or federal law; or (4) conduct trainings, programs, or activities designed or implemented in reference to race, sex, color, ethnicity, gender, or sexual orientation, other than trainings, programs, or activities developed for the sole purpose of ensuring compliance with any applicable court order or state or federal law. (B) Except as required by federal law, every office, division, or other unit by any name of every office or department of this State, and all of its political subdivisions, including all institutions of higher learning and school districts, is prohibited from: (1) establishing or maintaining an office or division or other unit by any name whose purpose, in whole or in part, is the promotion of diversity, equity, and inclusion; (2) hiring or assigning an employee or contracting with a third party to promote diversity, equity, and inclusion; (3) compelling, requiring, inducing, or soliciting any person to provide a diversity, equity, and inclusion statement or give preferential consideration to any person based on the provision of a diversity, equity, and inclusion statement; (4) giving preference on the basis of race, sex, color, ethnicity, gender, or sexual orientation to an applicant for employment, an employee, or a participant in any function of the office or department; or (5) requiring as a condition of enrolling at an institution or performing any institution function any person to participate in diversity, equity, and inclusion training, which: (a) includes a training, program, or activity designed or implemented in reference to race, sex, color, ethnicity, gender, or sexual orientation; and (b) does not include a training, program, or activity for the sole purpose of ensuring compliance with any applicable court order or state or federal law. (C) Every office, division, or other unit by any name of every office or department of this State, and all of its political subdivisions, including all institutions of higher learning and school districts, shall adopt policies and procedures for appropriately disciplining, including by termination, an employee or contractor who violates the provisions of subsection (B). (D) Nothing in this section may be construed to limit or prohibit an institution of higher education or an employee of an institution of higher education from, for purposes of applying for a grant or complying with the terms of accreditation by an accrediting agency, submitting to the grantor or accrediting agency a statement that: (1) highlights the institution's work in supporting: (a) first-generation college students; (b) low-income students; or (c) underserved student populations; or (2) certifies compliance with state and federal antidiscrimination laws. (E) For purposes of an institution of higher learning, nothing in subsection (B) may be construed to apply to: (1) academic course instruction; (2) scholarly research or a creative work by an institution of higher education's students, faculty, or other research personnel or the dissemination of that research or work; (3) an activity of a student organization registered with or recognized by an institution of higher education; (4) guest speakers or performers on short-term engagements; (5) a policy, practice, procedure, program, or activity to enhance student academic achievement or postgraduate outcomes that is designed and implemented without regard to race, sex, color, ethnicity, gender, or sexual orientation; or (6) data collection. (F)(1) Every office, division, or other unit by any name of every office or department of this State, and all of its political subdivisions, including all institutions of higher learning and school districts, is prohibited from spending any money appropriated or authorized to the office or department until the governing board or chief executive officers, as applicable, submits to the General Assembly a report certifying compliance with this section during the preceding fiscal year. (2) Additionally, in the interim between each regular session of the General Assembly, the individual that certified the report required by item (1) may, at the discretion of the standing legislative committees with primary jurisdiction over the department or office, be required to testify at a public hearing of the committee regarding compliance with this section. (3) The State Auditor shall periodically conduct a compliance audit of each department or office to which this subsection applies as to whether the money has been expended in violation of this section. The State Auditor shall adopt a schedule by which the State Auditor will conduct compliance audits under this subsection. The schedule must ensure that each department or office is audited at least once every four years. (4) If the State Auditor determines pursuant to a compliance audit conducted pursuant to item (3) that a department or office has spent state money in violation of this section, the department or office: (a) must cure the violation no later than the one hundred eightieth day after the date on which the determination is made; and (b) if the department or office fails to cure the violation during the period described by subitem (a), the State Auditor shall inform the State Fiscal Accountability Authority. If the authority determines necessary, the authority may direct the State Treasurer to withhold all future distributions to the department or office until the authority determines that the violation is cured. Section 1-1-1920. (A) Before any agency, office, division, or other unit by any name of every agency, office, or department of this State, and all of its political subdivisions, including all institutions of higher learning and school districts may enter into any contract or award any grant, the applicable contractor or grant recipient must certify that they do not operate any programs that promote equity, diversity, and inclusion, such as the programs prohibited by Section 1-1-1920(B). Further, before such contractor may hire a subcontractor for the project, the subcontractor must certify that it does not operate any such programs that promote equity, diversity, and inclusion. (B) Before any agency, office, division, or other unit by any name of every agency, office, or department of this State, and all of its political subdivisions, including all institutions of higher learning and school districts may make a contribution, disbursement, transfer, or distribution of any funds, regardless of source and including lottery scholarship funding, to an organization, the organization must certify that it does not operate any programs that promote equity, diversity, and inclusion, such as the programs prohibited by Section 1-1-1920(B). SECTION 3. (A) It is the policy of the State of South Carolina to protect the civil rights of all citizens of South Carolina and to promote individual initiative, excellence, and hard work. Accordingly, all agencies and institutions of this State, and all of its political subdivisions, including school districts, must: (1) terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements; (2) enforce the state's longstanding civil rights laws and to combat illegal private-sector DEI preferences, mandates, policies, programs, and activities; and (3) seek the assistance of the Attorney General so as to take all appropriate action with respect to the operations to advance in the private sector the policy of individual initiative, excellence, and hard work. (B) The Attorney General, within one hundred twenty days of the effective date of this act, in consultation with the heads of relevant agencies required by subsection (A)(3), shall submit a report to the General Assembly containing recommendations for enforcing civil rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI. SECTION 4. (A)(1) This act does not apply to lawful state or private sector employment and contracting preferences for veterans of the U.S. Armed Forces or persons protected by the Randolph-Sheppard Act, 20 U.S.C. 107, et seq. (2) This act does not prevent state or local governments, contractors, or federally funded state and local educational agencies or institutions of higher education from engaging in First Amendment-protected speech. (B)(1) This act is not intended to and does not create any private right or benefit, substantive or procedural, enforceable at law or in equity by any party against the State, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (2) The Attorney General shall enforce the provisions of this act and may may bring an action for injunctive or declaratory relief in any court of competent jurisdiction to do so. The Attorney General may make recommendations to the General Assembly when necessary to improve the compliance of this act. The Attorney General shall develop a process and platform whereby complaints may be filed regarding potential offenders of this act. SECTION 5. This act takes effect upon approval by the Governor and first applies to Fiscal Year 2025-2026 and School Year 2025-2026. ----XX---- This web page was last updated on February 6, 2025 at 12:08 PM
S 0062 S 0062 General Bill, By Hembree, Rice and Grooms
Summary: Education Scholarship Trust Fund
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-8-110, RELATING TO DEFINITIONS, SO AS TO DEFINE NECESSARY TERMS; BY AMENDING SECTION 59-8-115, RELATING TO THE STANDARD APPLICATION PROCESS, SO AS TO PROVIDE REQUIREMENTS FOR STUDENTS AND SCHOOLS SEEKING TO PARTICIPATE IN THE PROGRAM; BY AMENDING SECTION 59-8-120, RELATING TO ADMINISTRATION OF FUND, SO AS TO PROVIDE FOR THE ADMINISTRATION OF THE K-12 EDUCATION LOTTERY SCHOLARSHIP; BY AMENDING SECTION 59-8-125, RELATING TO FUNDS TO CREATE, OVERSEE, AND THE ADMINISTER PROGRAM, SUSPENSION OF ACCOUNTS, UNUSED FUNDS, AND TERMINATION OF SCHOLARSHIPS, SO AS TO APPROPRIATE FUNDS FOR THE SCHOLARSHIP PROGRAM FROM THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT; BY AMENDING SECTION 59-8-130, RELATING TO TERMINATION OF SCHOLARSHIP STUDENT'S PROGRAM; NOTIFICATION, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 59-8-135, RELATING TO LIMITATIONS ON SCHOLARSHIPS, SO AS TO PROVIDE LIMITATIONS ON THE NUMBER OF SCHOLARSHIPS THAT MAY BE AWARDED; BY AMENDING SECTION 59-8-140, RELATING TO THE APPLICATION APPROVAL PROCESS FOR EDUCATION SERVICE PROVIDERS, SO AS TO PROVIDE THAT AN EDUCATION SERVICE PROVIDER MUST CERTIFY ANNUALLY TO THE DEPARTMENT THAT IT MEETS ALL PROGRAM REQUIREMENTS; BY AMENDING SECTION 59-8-145, RELATING TO PROCEDURES TO INFORM STUDENTS AND THEIR PARENTS OF ELIGIBILITY AND APPROVED EDUCATION SERVICE PROVIDERS, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 59-8-150, RELATING TO REQUIREMENTS FOR EDUCATION SERVICE PROVIDERS, DEPARTMENT, AND EDUCATION OVERSIGHT COMMITTEE, SO AS TO PROVIDE THAT THE SURETY BOND IS REQUIRED OF EDUCATION SERVICE PROVIDERS WHO EXCEED FIFTY THOUSAND DOLLARS IN QUALIFYING EXPENSES AND TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 59-8-160, RELATING TO THE K-12 EDUCATION LOTTERY SCHOLARSHIP REVIEW PANEL, SO AS TO PROVIDE FOR ITS COMPOSITION AND PURPOSES; BY AMENDING SECTION 59-8-165, RELATING TO STUDENT TRANSFER POLICY, SO AS TO CLARIFY STUDENT TRANSFER REQUIREMENTS; BY AMENDING SECTION 59-8-170, RELATING TO IMMEDIATE PARTICIPATION IN A SPORT BY A TRANSFER SCHOLARSHIP STUDENT, SO AS TO MAKE CONFORMING CHANGES ; AND BY AMENDING SECTION 59-150-350, RELATING TO THE EDUCATION LOTTERY ACCOUNT MANAGEMENT, SO AS TO MAKE CONFORMING CHANGES.
The following graphic is a general description of the legislation's status. Users must reference the bill history and the respective journals of the House and Senate for detailed status information. View full text View Vote History View Fiscal Impact
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