South Carolina H 3305: Candidate contributions

Bill Text

2025-2026 Bill 3305 Text of Previous Version (May. 01, 2025) - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026

Bill 3305

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter
Stricken

Indicates New Matter

Committee Amendment Adopted

May 1, 2025

H. 3305

Introduced
by Rep. W. Newton 

S. Printed 5/1/25--S.

Read the first time March 26, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE
7 TO CHAPTER 3, TITLE 15 SO AS TO ESTABLISH THE "SOUTH CAROLINA PUBLIC
EXPRESSION PROTECTION ACT," REGARDING A CAUSE OF ACTION ASSERTED IN A CIVIL
ACTION BASED UPON A PERSON'S COMMUNICATION IN CERTAIN CIRCUMSTANCES, AND TO
ESTABLISH REQUIREMENTS FOR THESE PROCEEDINGS.

 Amend Title To Conform

Be it enacted by the
General Assembly of the State of South Carolina:

SECTION 1. Chapter 3, Title 15 of the S.C. Code is amended by
adding:

Article 7

South Carolina Public Expression Protection Act

 Section
15-3-900. This article may be cited as the "South Carolina Public Expression
Protection Act."

 Section
15-3-910. (A) In this article:

 (1)
"Governmental unit" means a public corporation or government or governmental
subdivision, agency, or instrumentality.

 (2)
"Person" means an individual, estate, trust, partnership, business or nonprofit
entity, governmental unit, or other legal entity.

 (B)
Except as otherwise provided in subsection (C), this article applies to a cause
of action asserted in a civil action against a person based on the person's:

 (1)
communication in a legislative, executive, judicial, administrative, or other
governmental proceeding;

 (2)
communication on an issue under consideration or review in a legislative,
executive, judicial, administrative, or other governmental proceeding; or

 (3)
exercise of the right of freedom of speech or of the press, the right to
assemble or petition, or right of association, guaranteed by the United States
Constitution or the South Carolina Constitution on a matter of public concern.

 (C)
This article does not apply to a cause of action asserted against a governmental
unit or an employee or agent of a governmental unit acting or purporting to act
in an official capacity.

 Section
15-3-920. Not later than sixty days after a party is served with a complaint,
crossclaim, third-party claim, or other pleading that asserts a cause of action
to which this article applies, or at a later time on a showing of good cause,
the party may file a special motion for expedited relief to dismiss the cause
of action or part of the cause of action.

 Section 15-3-930. (A)
Except as otherwise provided in subsections (D) through (G), on the filing of a
motion pursuant to Section 15-3-920:

 (1)
all other proceedings between the moving party and responding party, including
discovery and a pending hearing or motion, are stayed; and

 (2)
on motion by the moving party, the court may stay a hearing or motion involving
another party, or discovery by another party, if the hearing or ruling on the
motion would adjudicate, or the discovery would relate to, an issue material to
the motion pursuant to Section 15-3-920.

 (B) A
stay pursuant to subsection (A) remains in effect until entry of an order
ruling on the motion pursuant to Section 15-3-920.

 (C)
Except as otherwise provided in subsections (E), (F), and (G), if a party
appeals from an order ruling on a motion pursuant to Section 15-3-920, all
proceedings between all parties in the action are stayed. The stay shall remain
in effect until the conclusion of the appeal.

 (D)
During a stay pursuant to subsection (A), the court may allow limited discovery
if a party shows that specific information is necessary to establish whether a
party has satisfied or failed to satisfy a burden pursuant to Section 15-3-960(A) and the information is not reasonably
available unless discovery is allowed.

 (E) A
motion pursuant to Section 15-3-980 for costs, attorney's
fees, and expenses is not subject to a stay pursuant to this section.

 (F) A
stay pursuant to this section does not affect a party's ability to voluntarily
dismiss a cause of action or part of a cause of action or move to sever a cause
of action.

 (G)
During a stay pursuant to this section, the court for good cause may hear and
rule on:

 (1)
a motion unrelated to the motion pursuant to Section 15-3-920; and

 (2)
a motion seeking a special or preliminary injunction to protect against an
imminent threat to public health or safety.

 Section
15-3-940. (A) The court shall hear
a motion pursuant to Section 15-3-920 not later than sixty days after filing of
the motion, unless the court orders a later hearing:

 (1)
to allow discovery pursuant to Section 15-3-930(D); or

 (2)
for other good cause.

 (B) If
the court orders a later hearing pursuant to subsection (A)(1), the court shall
hear the motion pursuant to