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The State House Gavel
The State House Gavel shares updates about the South Carolina General Assembly, including legislative actions, debates and discussions. Featuring news and interviews, so you have access to the latest developments in policy and decisions that shape South Carolina’s future.

The State House Gavel: Tort reform headlines Week 8 at Statehouse

South Carolina Public Radio | By Maayan Schechter,
Gavin Jackson, Russ McKinney
Published March 4, 2025 at 6:01 AM EST
South Carolina Sen. Shane Massey, R-Edgefield, right, talks to Senate Judiciary Chairman Luke Rankin, R-Myrtle Beach, left, on Wednesday, June 26, 2024, in Columbia, S.C. (AP Photo/Jeffrey Collins)
Jeffrey Collins/AP
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AP
South Carolina Sen. Shane Massey, R-Edgefield, right, talks to Senate Judiicary Chariman Luke Rankin, R-Myrtle Beach, left, during a recess in a conference committee meeting over a bill on how judges are screened, Wednesday, June 26, 2024, in Columbia, S.C. (AP Photo/Jeffrey Collins)

Statehouse reporters Gavin Jackson, Russ McKinney and Maayan Schechter are back at the Capitol reporting what you need to know when lawmakers are in Columbia. They'll post news, important schedules, photos/videos and behind-the-scenes interviews with policymakers.

Happy Tuesday, and (we hope) a *warm* welcome to the month of March.

It's Week 8 of the South Carolina legislative calendar.

The S.C. House and Senate gavel in at noon.

First, we hope all our readers in the Grand Strand and surrounding Pee Dee areas are safe after this weekend's wildfires. Gov. Henry McMaster issued a state of emergency, which also bans any outdoor burning and could result in fines and/or jail time.

You're reading The State House Gavel, a daily reporter notebook by reporters Gavin Jackson, Russ McKinney and Maayan Schechter that previews and captures what goes on at the South Carolina Statehouse this year while lawmakers are in session.

Notebook highlights:

  • The Senate will start a likely weekslong debate over its tort reform bill, and a breakdown of what else is on tap for the House and Senate in Week 8.
  • House budget chief lays out $14 billion spending plan before next week's debate, and drops some cold water on aggressive tax cut proposals.
  • What new bills you might have missed that crossed the desk.
Russ McKinney, Maayan Schechter and Gavin Jackson
SCETV
Russ McKinney, Maayan Schechter and Gavin Jackson

Up for special order: Tort reform

If it's a day that ends in the letter "y," — at least over the next two weeks, maybe longer — we're talking about tort reform. More specifically, Senate bill S. 244, sponsored by Senate Majority Leader Shane Massey, R-Edgefield.

Last week, the chamber voted to put the bill on what's called special order, meaning the bill now supersedes all other legislation and will be the first thing up on Tuesday.

As a refresher: Tort reform seems to have gained serious momentum this year after years of failed attempts to reform the state's tort law. And stick with us here because the issue and the bill involve multiple complex legal matters. A tort, in short, is when someone causes harm to another and has to pay the victim for that injury. At issue, is how the legal system determines who is at fault and how much plaintiffs are due.

  • Tort reform seeks to limit liability payouts by defendants, often businesses and insurance companies.
  • Supporters argue current fault laws are unfair and exposure to large verdicts from lawsuits can force small businesses into bankruptcy.
  • Opponents of tort reform, primarily victims' groups and the lawyers who represent them, argue that stricter liability rules (there are some liability limits already written into law) restrict victims' access to justice and let wrongdoers escape full accountability.

The debate over the issue has grown in recent years as restaurants and bars have banded together and demanded reform of liquor liability laws. Many argue exposure to lawsuits and a requirement to carry hefty insurance policies have caused their insurance rates to skyrocket and is resulting in many small and local operators to shutter their businesses.

Senate Republicans have tried and failed to pass some version of reform only to have to restart after every two-year cycle. But Massey's bill appears to have some momentum and not only addresses liquor liability but also tackles reforms for other sectors, like hospitals and construction.

What is the bill's future: The bill will inevitably change amid the course of the Senate's debate, particularly when all potential amendments in the committee process were withheld for the floor debate. The question for now is will the bill make its way out of the Senate and if so, in what form. And that remains the question as pressure from politicians, trial lawyers, industry, restaurants/bars and certain personalities on social media ramps up.

What about the House: The House has its own standalone liquor liability proposal, H. 3497, which is still sitting in the House Judiciary Committee.

And the governor: Gov. McMaster has not weighed in on specific legislation but in his January State of the State, he called on the Legislature to pass reforms and send him a "commonsense solution" that he can sign. Over the weekend, SC Venue Crisis, which represents small businesses and employees, posted a flyer for a joint tort reform press conference at 11 a.m. Wednesday. It says speakers include McMaster and Sen. Massey.

FILE - Gov. Henry McMaster addresses a South Carolina GOP dinner on July 29, 2022, in Columbia, S.C. McMaster wants to increase 2022's record amount of capital investment and offset shortages across workforces like education and law enforcement, according to the budget request he released Friday, Jan. 6, 2023. (AP Photo/Meg Kinnard, File)
Meg Kinnard/AP
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AP

Here's what else is on tap for Week 8:

Both chambers

  • 10 a.m. Tuesday: The Agency Head Salary Commission meets to hear salary requests.
  • Noon Wednesday: The two chambers will meet for a joint assembly to hear from James Lacoursiere, the national commander of the American Legion, and state Supreme Court Chief Justice John Kittredge.

SC House

  • Tuesday: At 9 a.m., a judiciary subcommittee will meet to discuss H. 3457, a restrictive anti-abortion proposal authored by Rep. John McCravy, R-Greenwood. And, about an hour-and-a-half after the House adjourns, the full Education and Public Works Committee will meet to take up H. 3927, an expansive anti-DEI (diversity, equity and inclusion) bill, sponsored by Rep. Doug Gilliam, R-Union.
  • Wednesday: A House Judiciary Criminal Laws Subcommittee meets at 9 a.m. to, in part, take up Lexington Republican Rep. Chris Wooten's hemp-derived ingestible bill, H. 3924.

SC Senate

  • Tuesday: After the Senate adjourns, a Senate Finance panel will hear from Grant Gillespie, executive director of the State Fiscal Accountability Authority (SFAA) to answer questions related to comments made by Treasurer Curtis Loftis about the state's bonding authority amid the Securities and Exchange Commission investigation.
  • Wednesday: A Senate Education subcommittee will meet after the Senate adjourns to discuss, in part, S. 135, a bill filed by Sen. Mike Reichenbach, R-Florence, which would require that students salute the American flag during the Pledge of Allegiance. At 10 a.m., a Senate Judiciary subcommittee will meet on the House electric utilities bill, H. 3309.
  • Thursday: A Senate LCI panel meets at 9 a.m. on two bills filed by Sen. Shane Massey dealing with the selection of the state Department of Employment and Workforce director and unemployment benefits. And, at 9:30 a.m., the Senate Medical Affairs Committee meets.
The first year of the legislative session is set to end May 11, which is less than a month away. Crossover Day was April 10 which is a time when bills have to clear one chamber to another in order to have a higher chance of making it to the governor’s desk before Sine Die this year.
Gavin Jackson
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SCETV/SC Public Radio

All about the Benjamins

This week, we're all talking about tort reform.

Next week, yes still tort reform, but also the budget.

ICYMI: Earlier this month, the House budget-writing Ways and Means Committee passed its version of the roughly $14 billion state spending plan. It is the single most important piece of legislation that the General Assembly debates every year. As process, the budget starts in the House, then goes to the Senate then back to the House before it goes to conference.

For a deeper look at the state budget, This Week in South Carolina host Gavin Jackson spoke with House budget Chairman Bruce Bannister, R-Greenville.

Here are some highlights:

  • State employee pay raises: "We did a study over the last couple of years for state employees, and there were some recommendations to get some of our lowest paid state employees up to a just a basic level that would be competitive with what they could make in the private sector. So we're moving the pay bands and making an investment in our state employees to get them to that level, as well as a cost-of-living increase for some of the higher paid state employees."
  • Proposed income tax rate cuts: “A large portion of the Republican Caucus wants to see some of that go back to the taxpayers. So where it came from. … We've committed to go to 6%, we’re 6.2, will be at 6%. (For background: State economists told budget writers last month they'll have about $1.2 billion new one-time money to spend and $670 million in annual dollars.)
  • Proposal to eliminate income tax cuts: "Most of the folks who want to go to zero don't have a plan. They're not willing to go to 13-cent sales tax. They don't want to tax electricity or services. They want to keep it just like it is and cut what is in essence, $9 billion out of the budget.” 
  • Caution over economy and future revenue: “Everyone anticipates a slowdown, and we have asked them (state economists) to be very conservative in how they authorize us to spend money, because we don't want to be in a position where they said, 'Hey, you have $650 million new recurring dollars' and then we don't. We don't want to make any promises we can't keep or that we must break when the economy goes down. So they have been very conservative thus far, which is one of the reasons we have a large (amount of) one-time money available."

Jackson also spoke to Rep. Shannon Erickson, a Beaufort Republican and chair of the House Education and Public Works Committee, about the K-12 private school voucher bill, S. 62.

Here are some highlights:

  • Why not go with the Senate plan using the lottery: "I think those are all options. What our focus has been on the House side is to make the main thing the main thing. And each time that we've taken this bill and had it considered, we have fine-tuned the piece that we were told by the courts or a system that wasn't working. To introduce a different funding stream adds in the legal term a novel issue, something that has not yet been decided and not been heard."
  • Why push to expand school choice: "So many children that don't fit into the traditional public classroom. I had two children raised in the same household. Both learn differently. Both had different needs. … I'm a former public school teacher. I am very supportive of our public school system. I believe we have great public schools. But some of them don't fit. ... And I believe that we've got to be more thoughtful about how we fit what we're trying to put children into. It's, you know, square pegs and round holes."
  • Worries about federal funding: "I'm watching it, but I'm not going to make any rash judgments. I hope that we'll see some things like teacher scholarships maintained."

You can watch both of those interviews on YouTube.

Programming note: TWISC will be on hiatus for the next two weeks due to our spring pledge drive.

South Carolina Republican Rep. Bruce Bannister of Greenville listens on Tuesday, Dec. 6, 2022, in the House chambers in Columbia, S.C. (AP Photo/Jeffrey Collins)
Jeffrey Collins/AP
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AP

Introductions you might have missed

It's a new week, and that means bills upon bills are piling up.

As a reminder: Hundreds of bills get filed every session. A very small percentage actually become law. Any bill that fails to become law this year has one more year to do so before the legislation dies and lawmakers have to refile again.

First, in the Senate:

  • S. 376, filed by Sen. Tom Davis, R-Beaufort, which would eliminate duplicative training for internationally licensed physicians should the state board of medical examiners deem them adequate
  • S. 378, also filed by Sen. Davis, would expand pharmacists’ scope of care. 

And in the House:

  • H. 4112, filed by Rep. Jordan Pace, R-Berkeley, would allow any resident anywhere in the state to be able to raise up to five chicken or 10 quail hens per household, for personal use and consumption of eggs on lots with single-family dwelling.
  • H. 4092, filed by Rep. Jay Kilmartin, R-Lexington, would exempt any guns or rifles sold in the state from sales tax in the month of July. 
GAVIN JACKSON

Daily planner (3/4)

SC House

SC Senate

SC governor

  • 4 p.m. — Gov. McMaster and first lady Peggy McMaster will host Darlington Raceway for a press conference at the Governor's Mansion

Clips from around the state
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Maayan Schechter
Maayan Schechter (My-yahn Schek-ter) is a news reporter with South Carolina Public Radio and ETV. She worked at South Carolina newspapers for a decade, previously working as a reporter and then editor of The State’s S.C. State House and politics team, and as a reporter at the Aiken Standard and the Greenville News. She grew up in Atlanta, Georgia, and graduated from the University of North Carolina-Asheville in 2013.
See stories by Maayan Schechter
Gavin Jackson
Gavin Jackson graduated with a visual journalism degree from Kent State University in 2008 and has been in the news industry ever since. He has worked at newspapers in Ohio, Louisiana and most recently in South Carolina at the Florence Morning News and Charleston Post and Courier.
See stories by Gavin Jackson
Russ McKinney
Russ McKinney has 30 years of experience in radio news and public affairs. He is a former broadcast news reporter in Spartanburg, Columbia and Atlanta. He served as Press Secretary to former S.C. Governor Dick Riley for two terms, and for 20 years was the chief public affairs officer for the University of South Carolina.
See stories by Russ McKinney