By: Senator Shane Martin
Dear friends, the General Assembly concluded its regular session on May 8th. The governor signed several dozen bills into law, and the vast majority of them addressed pointed issues such as the timing of the election of members of the Public Service Commission and increasing the number of assistants (from two to four) that an anesthesiologist may legally supervise. We also considered several pieces of legislation that will have significant impacts on our state. I supported some and opposed others, and below are some of those highlights.
I am always glad to receive your communication on these or any other bills, and I would be happy to thoroughly discuss my reasons for my votes on any matter. Please never hesitate to contact me.
SCHOOL CHOICE
Last year, the Assembly passed school choice legislation that funded K-12 education scholarships with general funds, i.e., money from the regular state coffers used for all other purposes, such as roads and law enforcement. I voted no on that bill in 2024, because I knew the SC Supreme Court would strike it down for sending public money to private, religious schools (and they did). This year, politicians in Columbia decided to camouflage the spending by routing general fund dollars through the SC Education Lottery account, which is funded by lottery ticket sales (not regular tax receipts) and intended to pay for college scholarships. The Lottery fund, moreover, will soon have insufficient revenue from lottery ticket sales to cover the college scholarships, let alone the new K-12 vouchers. The primary account can barely afford the college scholarships now, so that means the state’s general fund will have to cover the gap. That will require approximately $110m by the time of the 2026-2027 school year. That money otherwise would go to law enforcement, roads, and teacher salaries. I oppose diverting that money.
The new law also places the schools that accept the vouchers under the control of the SC State Department of Education, effectively making them public schools. It requires families who seek the vouchers to apply to and be approved by the State Department of Education. I find that offensive on many levels, not the least of which is the concept that the very agency that has failed a family now will sit in judgment of that family when they seek a better education alternative for their child.
I also believe that a court once again will rule that state money is funding religious schools, and therefore, the whole scheme is unconstitutional–just like the previous law. I remain mystified as to why South Carolina refuses to follow the Florida model, which uses tax credits to fund scholarship organizations that currently provide funding for over 100,000 students in Florida seeking better educational options. South Carolina will never see that level of participation in the proposed scheme. Therefore, the program will become an exclusive club for the lucky few (the current cap is 15,000 students). I predict we’ll be back within a couple of years reengineering it for the very reasons listed above, and these are the reasons that I voted no.
TORT REFORM
The issue of reforming our liquor liability laws remained a top priority for small businesses around the state. The Senate spent over five weeks debating a bill that I ultimately supported, even though it could have been better. It requires that a jury take into account the plaintiff’s fault in creating the damages and limits the liability of defendants responsible for less than 50% of the total. That is, if a defendant caused less than 50% of the damages, they can no longer be held liable for the entire award. The bill also includes a reduction in the mandatory liquor liability insurance coverage requirement, along with other provisions that are expected to lower insurance rates for many restaurants that have been facing crippling costs. This bill isn’t perfect, but it improved a dire situation. We hope that our business owners and small venues will be able to thrive in this new environment.
PUBLIC SAFETY
I supported several initiatives to bolster public safety in SC, including increased funding for law enforcement. Two bills focused on protecting children create new laws that significantly increase the penalties for producing, possessing, or transmitting obscene material depicting minors or creating such images using artificial intelligence. I supported the new law to establish the felony offense of fentanyl-induced homicide punishable by up to thirty years in prison. We also took steps to address a growing trend known as organized retail crime, which is prevalent in larger cities. The new law defines that activity and provides law enforcement and prosecutors with the tools to combat it. We also increased penalties for drivers who fail to stop for blue lights and made it a felony for those who lead law enforcement on a high-speed chase.
$1.8 BILLION “MISSING MONEY”
There was a lot of discussion about “missing money” from our state’s coffers. A hearing of the full Senate was conducted in April, where our State Treasurer, Curtis Loftis, was called to testify. We learned that accounting errors were made by many, but there is NO missing money. There was a vote to remove our Treasurer from office, and I voted NO. He accurately testified that other constitutional officers bore equal or more levels of responsibility for missing the error, and he committed to following the recommendations of the outside advisers to ensure that the books will be error free in the future.
The annual state appropriation bill marked a departure from previous bills in that it included no earmarks for local projects this year. The focus, instead, was on tax reduction and education funding. This year’s budget provides further permanent tax relief by dropping the top Income Tax Rate to 6% from 6.2%, 2 years ahead of schedule. It includes $300 million for Income Tax Relief, which amounts to over $1.2 billion in permanent income tax relief since fiscal year 2023. We have also reduced spending this year while maintaining a balanced budget, leaving half a billion dollars unspent to assess future needs.
This budget raises the starting teacher pay to a minimum of $48,500, up from $47,000, a 38% increase since FY21. It also provides state employees with a minimum of a 2% pay increase, and it does so based on market data, not just the whim of politicians.$1.8 BILLION “MISSING MONEY”
There was a lot of discussion about “missing money” from our state’s coffers. A hearing of the full Senate was conducted in April, where our State Treasurer, Curtis Loftis, was called to testify. We learned that accounting errors were made by many, but there is NO missing money. There was a vote to remove our Treasurer from office, and I voted NO. He accurately testified that other constitutional officers bore equal or more levels of responsibility for missing the error, and he committed to following the recommendations of the outside advisers to ensure that the books will be error free in the future.
The annual state appropriation bill marked a departure from previous bills in that it included no earmarks for local projects this year. The focus, instead, was on tax reduction and education funding. This year’s budget provides further permanent tax relief by dropping the top Income Tax Rate to 6% from 6.2%, 2 years ahead of schedule. It includes $300 million for Income Tax Relief, which amounts to over $1.2 billion in permanent income tax relief since fiscal year 2023. We have also reduced spending this year while maintaining a balanced budget, leaving half a billion dollars unspent to assess future needs.
This budget raises the starting teacher pay to a minimum of $48,500, up from $47,000, a 38% increase since FY21. It also provides state employees with a minimum of a 2% pay increase, and it does so based on market data, not just the whim of politicians.
We also passed the Educator Assistance Act – our Superintendent of Education said, “The Educator Assistance Act is a major step forward for South Carolina’s teachers – and ultimately, for the students they serve. This legislation delivers meaningful support through commonsense changes and streamlined processes.” I wish my mama, who taught in our public schools for 44 years, could have benefited from the efforts of today. School nurses were also included in the mandatory unencumbered time that teachers receive – now they will get some private time to take a break and eat lunch.
This year’s budget also fully funds the School Resource Officer program to ensure an officer is present in every school (177 schools currently lack one out of 1,300 schools). Additionally, it allocates funds for law enforcement officer recruitment and retention to enhance safety in all our communities. Additionally, it provides a specific pay increase for State Highway Patrol Troopers, aiming to increase their numbers. It is the only state law enforcement division that struggles to fill vacancies. My proviso to assist DJJ with increased funding from the agencies that send juveniles to them was passed and remains in the budget – this will help DJJ fulfill its mission. I am particularly pleased with this portion of the budget as the chairman of the law enforcement budget subcommittee, and I am honored that my colleagues unanimously supported my efforts.
Funding was provided for continued infrastructure improvement, with an additional $200 million allocated for bridge repairs. Also, $250 million for disaster relief (including Hurricane Helene).
The budget, overall, is fiscally responsible and prioritizes the right areas without excessive spending on pet projects or corporate welfare. I supported it, and I hope that we can continue the trend next year of protecting the wallets of South Carolinians.
Thank you for the privilege of serving you in the South Carolina Senate. These are just a few of the bills passed into law this year, and I am happy to discuss them further or any other piece of legislation for which you may have questions. I want to take a moment to thank my staff who help me assist my constituents daily; without them, I would be at a loss. Please feel free to contact me at your convenience, and I will respond as soon as possible.
