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Law & Order in S.C.

Posted on Today at 1:16 am

Dear Friends:

We have all seen the video of so-called ICE “protestors” in Minneapolis and other big blue cities. For the most part, these aren’t organic citizen protests. Maybe better labels would be paid-disruptors, criminals, or anarchists. They are most certainly lawbreakers.

Civil societies have rules. Protesting is a First Amendment Right; interfering with or attacking law enforcement or other first responders is a crime. In SC, we don’t tolerate that dangerous criminal activity.

“HALO” Bill to Protect First Responders

Police could arrest anyone who, after being ordered to stay back, comes within 25 feet of on-duty law enforcement or medical personnel under legislation passed by the SC House on Wednesday. The vote was 95-18 on the “HALO” bill — Helping Alleviate Lawful Obstruction – with mostly Democrats opposing this safety measure.

Ignoring this warning could lead to a misdemeanor charge, carrying a fine of up to $500 and up to 30 days in jail.

I am a cosponsor of this common-sense legislation (H.4763) along with 56 of my Republican colleagues. Rep. Melissa Oremus of Aiken County, the primary sponsor of the legislation, argued that the bill is necessary to protect first responders and law enforcement as they respond to emergencies.

However, Democrats, led by House Minority Leader Todd Rutherford, criticized the bill for potentially criminalizing those unaware of the law and raising First Amendment concerns. The legislation aligns with similar measures in other states.

The “HALO” bill has been sent to the Senate.

House Passes Juvenile Justice Bill

The House approved changes to the Juvenile Justice Code to enhance public safety and hold violent offenders accountable. This bill (H.4151) alters the definition of “child” or “juvenile,” specifically excluding minors aged 16 and 17 charged with serious violent felonies from this classification. Under the new provisions, these individuals may be tried in adult court, particularly if they have previous felony adjudications or convictions. If enacted, this change could reshape the landscape of juvenile justice in SC, reflecting a growing trend to address youth crime more rigorously. The 85-24 vote sent the bill to the Senate.

Tax Bill Moves to Clarify Confusion

The term “tax conformity” was largely unheard of among most citizens because, every year, the General Assembly passed a bill without fanfare that conformed SC’s income tax to the federal income tax. Not this year (yet).

Last summer, Congress passed President Trump’s One Big Beautiful Bill, cutting taxes for many. That collided with SC’s proposed tax reform, which aimed to significantly lower our state’s income tax rates. 

The result – taxpayer confusion because it was uncertain whether we would conform to the One Big Beautiful Bill for the 2025 taxes being filed now.

The remedy came this week when the House Ways & Means Committee quickly advanced a bill allowing filers to use tax deductions from last summer’s federal spending package, effective only for this tax season.

House W&M’s Chairman Bruce Bannister said, “We’ve heard from lots of folks who want us to conform to the One Big Beautiful Bill.” The new conformity legislation, which passed out of committee, aims to adopt all IRS changes for 2025 tax filings due by April 15. This bill is focused solely on resolving current issues and alleviating taxpayer confusion ahead of the upcoming filing deadline.

The bill could reduce state revenues by an estimated $288.5 million for the fiscal year starting July 1.

The bill will be debated and voted on next week, then sent to the Senate, where they, hopefully, will concur, resolving taxpayers’ uncertainty.

New Grading Practices in Schools

The House passed legislation to eliminate grading systems in SC’s public schools that require teachers to assign a minimum grade or score that exceeds a student’s actual performance on completed assignments. The bill (H.5073) calls for banning so-called grade floor policies, which set minimum grades for individual assignments or overall class results. The goal is to make grades matter again.

The minimum grade policy varies by school districts, but in general, it requires teachers to award at least a 50 for every assignment — so a student could earn an A on one major assignment, turn nothing else in for the rest of the quarter, and still pass.

Many teachers are critical of the controversial grade floor policy, saying it saps motivation by contributing to an “atmosphere of apathy” and by giving students a “false sense of accomplishment.” Teachers have called it a “disservice” by failing to teach kids that not doing the work results in more than just a slap on the wrist in the real world.

The House voted 110-2, sending the legislation to the Senate.

Reforming the SC High School League

In a unanimous 112-0 vote, the House underscored the need for reform within the SC (SCHSL). Instead of abolishing the League, the amended bill restructures its executive committee to 15 members, including appointees from the House, the Senate, the Governor, the State Superintendent, and the Coaches Association.

The League will now be subject to oversight by the Legislative Audit Council, must submit annual budgets, and limit the commissioner’s contract to three years. An oversight committee will be established to study, report, and potentially dissolve by July 2027.

This reform is critical; the League has operated without accountability, while parents, student-athletes, and some schools have criticized the League for its inconsistent and unfair rulings. As Chairwoman Shannon Erickson and (famous high school coach) Rep. Jackie Hayes led the bipartisan passage of this bill.

LEGISLATION SPOTLIGHT

Wastewater Treatment Challenges in Aiken, Edgefield, and Saluda Counties

When you flush the toilet, the waste doesn’t just vanish. Unless you have a septic tank, it travels miles to a treatment facility. For many residents of Aiken, Edgefield, and Saluda Counties, the Horse Creek Wastewater Treatment Plant in Beech Island, located on the Savannah River, is the facility.

Operated by Aiken County, the treatment plant serves Aiken, North Augusta, and nearly every town in the region. However, it’s currently struggling to meet the demands of our growing area. Despite $56 million in state loans and grants for upgrades in the past 5 years, the facility has not been expanded and is nearing capacity. That hinders economic development.

In 2024, the Aiken Council rejected a request from House of Raeford for sewer service for a proposed chicken processing plant that would have created 950 jobs, with one councilman declaring that Aiken County is “closed for business.” What if a major manufacturer wanted to locate in Aiken County, bringing thousands of jobs? Would the answer be, “Sorry, we’re closed?”

Municipal customers have expressed frustration with their lack of input in setting sewer rates, expanding capacity, and having their complaints addressed. Compounding the issue, the SC Department of Environmental Services has cited the Horse Creek Plant for numerous violations, some of which have gone unreported.

Underscoring the current crisis, a letter-to-the-editor in yesterday’s Aiken Standard was highly critical of the Aiken County Council for proposing a hike in the sewer impact fee to $10.89 a gallon from the current 48-cents. That’s an increase of 2,176% that would certainly stifle planned housing developments.

Proposed Solution: Horse Creek Regional Public Service Authority

In response, a bipartisan group of legislators from the affected counties has introduced legislation (H.5321) to create the Horse Creek Regional Public Service Authority. This new authority would take over the management of the wastewater treatment plant, transferring ownership from Aiken County.

A Horse Creek Authority would oversee water, sewer, and waste management services, governed by a nine-member board appointed by the Governor upon recommendations from the affected County Legislative Delegations. This organizational structure aims to ensure that municipal and other customers have a voice in the management of sewer services and the setting of reasonable rates.

The establishment of the Horse Creek Authority seeks to improve the efficiency and quality of public services in the region. A House subcommittee is expected to hold a hearing on the bill soon, during which many affected entities are likely to testify in support of the legislation.

_____________________________________

In case you missed Wednesday’s special edition of my weekly legislative newsletter, here’s a repeat. I’m turning the page. Like a good book, a life well lived has many chapters – each with its own story. And now is the time for me to turn the page and begin the next chapter of my life. I explain in this brief video.

VIEW VIDEO

*** LEGISLATIVE BRIEFS ***

Tax Relief for Boat Owners: SC boat owners may soon enjoy reduced property tax bills thanks to new legislation advancing in the Statehouse. Currently, boat owners face the highest tax rates in the nation, paying separate taxes on their boats and outboard motors. The bill (H.3858), which passed the Senate 39-1, simplifies the process by consolidating taxes into a single bill and lowering the effective rate from 10.5% to 6%. This change exempts the first 43% of the combined value of the boat and motor. The bill returns to the House for final agreement before being sent to the Governor.

Juvenile Crime Records: The House also unanimously passed another bill (H.5120) that addresses juvenile crime records. The bill clarifies the processes related to the confidentiality and handling of juvenile records, ensuring that schools and law enforcement agencies have clear guidelines for sharing information while maintaining the confidentiality of juvenile offenders, protecting the interests of both the children involved and the schools they attend.

Earthquake Notice: The House unanimously passed (H.3227), which requires an insurer to clearly communicate with property owners if its policy does not include earthquake coverage at the time the policy is issued and at each renewal.

Supreme Court Election Do Over: SC Supreme Court Justice John Few withdrew from his re-election bid, which led to the race’s cancellation and the reopening of the application process. Few faced a challenge for his seat, with three opponents, including former House Speaker Jay Lucas. His decision came before a joint assembly vote, suggesting Lucas had secured enough support. Few’s term ends July 31, and he will remain on the bench until a replacement is elected.

Campus Events: On a 40-2 vote, the Senate approved legislation (S.832) that bans local governments from prohibiting or restricting events on college and university campuses based on zoning ordinances or other land-use rules or regulations, provided the college approves the event.

No Whippets for Minors: In a unanimous vote, the Senate approved (S.751) increasing penalties for anyone or a retailer to sell or give nitrous oxide or nitrous oxide products (known as whippets) to someone under 18, except for commercial use exemptions.

Vaccines: A Senate committee voted to reject a proposal to eliminate religious exemptions for the measles vaccine 6-2, effectively killing it. Meanwhile, the committee advanced a bill to prohibit vaccine mandates for children under 2. The debate highlighted deep divisions over vaccine efficacy, parental rights, and public health concerns, especially as the state reported nearly 1,000 measles cases since October.

Bartender Training: The Senate unanimously approved a joint resolution (H.5261) extending the required alcohol server training to May. That is part of the new liquor liability law.

PHOTOS OF THE WEEK

We celebrated Realtors during a reception in Columbia this week. Dedicated Realtors are part advisor, part negotiator, part counselor, and trusted advocates for the families they serve. They are the intersection of dreams and reality, helping people turn hopes for a home into a place called “ours.” Rep. Melissa Oremus & I were proud to stand with our Aiken Realtors.

Representatives of the SC Alzheimer’s Association visited the State House this week, advocating for legislation to help caregivers and those affected with Alzheimer’s. A worthy cause! Our Aiken County advocates were Shannon Moreno & Virginia Provencher.

A group from the Aiken-Barnwell Mental Health Center visited the State House this week. Led by Executive Director Tamara Smith, who brought with her a group of developing leaders. After the lobby picture, I invited them to go to the House gallery and then introduced them to the House of Representatives.

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