South CarolinaH 4296126th General Assembly (2025-2026)HouseWALLET

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 25-1-90, RELATING TO SERVICE WITHIN THE STATE OF MILITARY FORCES FROM ANOTHER STATE, SO AS TO REMOVE A REFERENCE TO THE UNITED STATES ARMY; BY AMENDING SECTION 25-1-510, RELATING TO SOUTH CAROLINA NATIONAL GUARD APPOINTMENTS, SO AS TO REMOVE CERTAIN AGE REQUIREMENTS; BY AMENDING SECTION 25-1-1330, RELATING TO ANNUAL SETTLEMENTS FOR FEDERAL AND STATE PROPERTY, SO AS TO REMOVE REFERENCES TO FEDERAL PROPERTY; BY AMENDING SECTION 25-1-1370, RELATING TO ALLOWANCES FOR MAINTENANCE, SO AS TO REMOVE A REQUIREMENT THAT UNITS ARE ENTITLED TO CERTAIN MAINTENANCE FUND ALLOWANCES; BY AMENDING SECTION 42-7-40, RELATING TO APPLICATION TO THE STATE, SO AS TO PROVIDE FOR OTHER PERSONS CALLED INTO ACTIVE MILITARY SERVICE; BY AMENDING SECTION 42-7-65, RELATING TO AVERAGE WEEKLY WAGES DESIGNATED FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO PROVIDE FOR OTHER PERSONS CALLED INTO ACTIVE MILITARY SERVICE; BY AMENDING SECTION 42-7-75, RELATING TO STATE AGENCIES' REQUIREMENT TO PAY WORKERS' COMPENSATION PREMIUMS, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL MAY USE CERTAIN METHODS FOR PAYING WORKERS' COMPENSATION PREMIUMS IN CERTAIN CASES; BY REPEALING SECTION 25-1-360 RELATING TO RULES AND REGULATIONS; BY REPEALING SECTION 25-1-380 RELATING TO THE ASSISTANT ADJUTANT GENERAL FOR ARMY; BY REPEALING SECTION 25-1-390 RELATING TO THE ASSISTANT ADJUTANT GENERAL FOR AIR; BY REPEALING SECTION 25-1-410 RELATING TO AUDITS AND ALLOWANCES OF DEPARTMENT EXPENSES; BY REPEALING SECTION 25-1-560 RELATING TO PUBLICATIONS OF RELATIVE RANK LIST OF OFFICERS; BY REPEALING SECTION 25-1-580 RELATING TO OFFICERS IN COMMAND OF SUBORDINATE OR DETACHED UNITS OR DIFFERENT UNITS ON DUTY TOGETHER; BY REPEALING SECTION 25-1-810 RELATING TO PROMOTIONS UNDER THE FEDERAL PERSONNEL ACT; BY REPEALING SECTION 25-1-830 RELATING TO OFFICER SELECTION BOARDS; BY REPEALING SECTION 25-1-860 RELATING TO VACANCIES IN STAFF OF HEADQUARTERS AND HEADQUARTERS DETACHMENT; BY REPEALING SECTION 25-1-870 RELATING TO VACANCIES IN GRADE OF MAJOR GENERAL; BY REPEALING SECTION 25-1-880 RELATING TO VACANCIES IN GRADE OF BRIGADIER GENERAL; BY REPEALING SECTION 25-1-890 RELATING TO VACANCIES IN GRADE OF COLONEL; BY REPEALING SECTION 25-1-930 RELATING TO VACANCIES IN GRADE OF WARRANT OFFICER; BY REPEALING SECTION 25-1-1350 RELATING TO REQUIREMENTS FOR SHARING IN APPROPRIATIONS; AND BY REPEALING SECTION 25-1-3105 RELATING TO MEMBERS OF THE MILITARY FORCES TO SERVE AT THE PLEASURE OF THE ADJUTANT GENERAL.

Sponsored By: Cody T. Mitchell (Republican)

Signed by Governor

Summary

Military Code

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 4 benefits, 1 costs, 1 mixed.

Workers’ comp pay set for Guard

The law covers the State Guard, the National Guard, and others called into active state service. If you are hurt while serving, your weekly benefit is 75% of the State’s average weekly wage from the prior fiscal year. If an injury happens at your civilian job, the higher civilian weekly wage applies. The Adjutant General may use the State Accident Fund to handle premiums for interstate aid and, with approval, for state active duty; if not included, the agency prepays estimated Guard costs each premium year. Effective May 13, 2025.

Businesses can rent Guard facilities

The military department may rent out facilities it owns, leases, or controls. The Adjutant General sets rental rules and audits rental money. This gives businesses and groups more space options. Effective May 13, 2025.

Governor must OK outside troops

Armed forces from another state cannot enter South Carolina for duty without the Governor’s permission. This rule does not apply when the force acts under United States authority. Effective May 13, 2025.

Modernized rules for Guard officers

The law updates how Guard officers are chosen and managed. The Governor appoints all commissioned and warrant officers; state age limits are removed, and you must meet federal standards. Old statutes on rank lists, selection boards, promotions, and vacancy handling are repealed, including from warrant officer through major general. Statutes for Assistant Adjutants General are repealed, and the "serve at the pleasure" clause is removed. Effective May 13, 2025.

Pay for lost state Guard gear

The law treats nonconsumable Guard gear bought with state funds as state property. The Adjutant General keeps inventories and audits losses. If a loss is due to your fault or negligence, you must repay the military fund. Effective May 13, 2025.

Streamlined military admin and budgets

The law removes an old rules-and-regulations section, a statute on audits and expense allowances, and a rule for sharing certain appropriations. The department now uses updated procedures and budget laws for oversight and funding. These are internal changes that do not change household benefits or fees. Effective May 13, 2025.

Sponsors & Cosponsors

Sponsor

  • Cody T. Mitchell

    Republican • House

Cosponsors

  • Leon D. "Doug" Gilliam

    Republican • House

  • Travis A. Moore

    Republican • House

  • Richard L. "Richie" Yow

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 137 • No: 0

Senate vote • 5/7/2025

(Military Code)3rd Reading

Yes: 43 • No: 0

House vote • 4/9/2025

(Military Code)Passage of Bill

Yes: 94 • No: 0

Actions Timeline

  1. Act No. 55

    5/19/2025legislature
  2. Effective date 05/13/25

    5/19/2025legislature
  3. Signed By Governor

    5/13/2025Governor
  4. Ratified R 78

    5/8/2025legislature
  5. Roll call Ayes-43 Nays-0

    5/7/2025Senate
  6. Read third time and enrolled

    5/7/2025Senate
  7. Read second time

    5/6/2025Senate
  8. Recalled from Committee on Family and Veterans' Services

    5/1/2025Senate
  9. Referred to Committee on Family and Veterans' Services

    4/10/2025Senate
  10. Introduced and read first time

    4/10/2025Senate
  11. Read third time and sent to Senate

    4/10/2025House
  12. Roll call Yeas-94 Nays-0

    4/9/2025House
  13. Read second time

    4/9/2025House
  14. Scrivener's error corrected

    4/8/2025legislature
  15. Introduced, read first time, placed on calendar without reference

    4/3/2025House

Bill Text

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