Last week was the 17th week of the 2023 legislative session. This week is the last week of the regular session, as the General Assembly is scheduled to adjourn on May 11, 2023. Here are the highlights from last week’s Senate action:

DHEC RESTRUCTURING – The Senate passed S. 399 2023-2024 Bill 399: Department of Behavioral and Public Health, a bill that would restructure the Department of Health and Environmental Control into a new Department of Behavioral and Public Health and a new Department of Department of Environmental Services. The bill would also abolish the Department of Mental Health and transfer that agency’s responsibilities to the new Department of Behavioral and Public Health. Currently, DHEC and DMH are governed by commissions. The bill would abolish those commissions and have the new departments assigned to the governor’s cabinet with the governor nominating the agency heads. The House will now consider the legislation.

PAID PARENTAL LEAVE FOR TEACHERS – The Senate passed H. 3908 2023-2024 Bill 3908: Paid family leave, a bill that would grant up to six weeks of paid leave to teachers who give birth to newborn children or are primarily responsible for the nurture and care of newly adopted children. The bill would also grant up to
two weeks of paid leave to teachers who are fathers of newborn children or are parents who are not primarily responsible for the nurture and care of the newly adoptive child. The Senate amended the House version, so the House of representatives will consider the amended version.

AFFORDABLE HOUSING CREDITS – The Senate passed S. 739 2023-2024 Bill 739: SCHousing Tax Credit, a resolution that would extend affordable housing tax credits for an additional year. The House will now consider the resolution.

REGULATING THE SALE OF TOBACCO PRODUCTS – The Senate passed H. 3681 2023-2024 Bill 3681: Nicotine, a bill that would prohibit local governments from regulating ingredients or flavors of cigarettes, e-cigarettes, and vaping devices. However, the bill also imposes new statewide penalties on businesses that unlawfully sell tobacco products to minors. The Senate amended the House version, so the bill will return to
the House.

REGULATION OF FEES CAR DEALERS MAY CHARGE – The Senate passed H.3952 2023-2024 Bill 3952: Consumer affairs, a bill that would clarify the fees car dealers may charge customers and specifically identify the authority the Department of Consumer Affairs has in regulating

CAPITAL PUNISHMENT – In an earlier update this year, I mentioned that South Carolina has not carried out a death sentence since 2011 because the Department of Corrections could not purchase the drugs necessary for lethal injection. The Senate passed S. 120 2023-2024 Bill 120: Non disclosure of identity of members of execution team , a bill that would prevent disclosure of pharmaceutical companies that sell the drugs necessary to carry out a death sentence by lethal injection, and the House of Representatives amended that bill. Last week, the Senate concurred with the House’s changes and sent the bill to Governor McMaster.

BOND REFORM – I mentioned a few weeks that South Carolina has experienced a problem with catch and release in our criminal justice system: a person is arrested and is released on bond to await trial. While out on bond, that person is arrested for another criminal offense, receives another bond, and is released again. Sometimes, while out on the second bond, the person is
arrested for yet another crime and receives yet another bond. To address that problem the House and Senate have passed different versions of H. 3532 2023-2024 Bill 3532: Bond Reform. Last week, that bill was sent to a conference committee where 3 House members and 3 Senators will work out the differences. I am hopeful the conference committee will reach an agreement this week.

PREVENTING CRT IN PUBLIC SCHOOLS – The Senate passed H. 3728 2023-2024 Bill 3728: Transparency and Integrity in Education Act, a bill that would prohibit specific curricula and teaching concepts, like Critical Race Theory, from being taught in our public schools. While this has not been an extensive problem in South Carolina’s schools, we have seen isolated problems and larger problems in other states. This bill specifically identifies prohibited items and lays out a process whereby parents could challenge potential violations. The Senate amended the House version, so the House will now consider those changes.

CONFORMING THE TAX CODE – The Senate passed H. 4017 2023-2024 Bill 4017: Internal Revenue Code conformity, a resolution that would conform South Carolina’s tax code to changes made at the federal level. The legislature typically passes this legislation every year to make it easier for taxpayers and tax professionals. There were no tax increases associated with this conformity. The House had already passed the resolution, so the resolution will now go to Governor McMaster.

FIRST STEPS TO SCHOOL READINESS – The Senate passed H. 4023 2023-2024 Bill 4023: First Steps, a bill that would make a few changes to First Steps and make the program permanent. First Steps is a program South Carolina implemented nearly 25 years ago to help ensure children are ready to start learning by 1st grade. Since its beginning, First Steps has been sunset every few years to ensure that the program would be reviewed on a regular basis. This legislation would make the program permanent. The bill will now go back to the House of Representatives.