How will we remember the 2025 legislative session? On one hand, two significant, hard-fought and much-negotiated pieces of legislation made it to the governor’s desk. On the other hand, just 45 bills were enacted. That is a low number for a state legislature where one party has a super majority. Many of the larger bills will have to wait until the second half of this two-year session for lawmakers to determine their fate. The session began with high expectations, but lawmakers soon found themselves bogged down debating tort reform, school choice, and a major income tax reform bill that would overhaul the state’s income tax system. A flurry of activity in the final two weeks, including an attempt to get a casino bill through the House, produced some positive movement but left many bills, including the tax reform bill, in legislative limbo.
The two most significant bills making it over the finish line in the last week dealt with energy, liquor liability, and school choice. Advocates have been pushing for school choice for over a decade. Last year, they suffered the highs and lows of seeing school choice pass, only to be struck down by the South Carolina Supreme Court. Lawmakers revived school choice, this time including what they hope are sufficient safeguards against constitutional challenges. Rather than depending on lottery revenue, funding will come from the state’s general fund, with the funds held in trust managed by a trustee, hopefully to avoid any direct benefit conflicts. K-12 students who are eligible will receive up to $6,000 per student that can be used for everything from tuition and fees for attendance at a non-profit education service provider (private school) to educational services for students with disabilities. Eligibility is based on a graduated percentage of the federal poverty level. It begins with families who earn up to 300 percent and increases in 2026-2027 to families who earn up to 400 percent. The first year cap for the number of students receiving the scholarship is 10,000. The cap expands to 15,000 for the 2026-2027 school year.
Restaurant and bar owners hope to get some relief from the high cost of liability insurance from the Tort Reform bill that made it over the finish line. Advocates for food service and alcohol providers pointed to a perceived high rate of restaurant and bar closures due to the high cost of liability for those who serve alcohol. Victims’ advocates warned major revisions to the law could leave victims without recourse if they are injured or a loved one dies due to the misuse of alcohol. The compromise bill preserved the legal standard holding liable those who willfully and knowingly serve alcohol to underage or obviously intoxicated individuals. Bars and restaurants can lower the $1 million minimum required insurance by taking several steps, including closing before midnight and completing alcohol server training. The new law ends the practice of “joint and several liability” for most businesses in tort cases. Now, a defendant can only be held fully liable for damages if they are found to be at least 50 percent at fault for the injury or loss. If a defendant is less than 50 percent at fault, they are only responsible for their proportional share of the damages, as determined by the jury or judge.
Before the 2025 session began, I heard rumors about the gambling interests targeting South Carolina to advance gambling on multiple fronts. The rumors turned out to be true. Toward the end of the session, three gambling bills — casino gambling, online sports wagering, and pari-mutuel betting on horse racing — advanced in the legislature. The casino gambling bill is deceptively titled the I-95 Economic and Education Stimulus Act. Over the last month of the session, the bill passed the committee process in the House, making it all the way to the House floor where it failed to receive enough votes to pass.
When citizens stand up and speak out about issues, lawmakers listen. Gambling has not gone away, and it has not been defeated. It will be on the calendar when the 2026 legislative session kicks off in January. Between now and then, we need to organize, educate, and mobilize our state to keep us from repeating the mistake of video poker.