From the Dome to Your Home: March 20, 2015
The House of Representatives and Senate were in session this week and held subcommittee and committee meetings. The House plans to furlough the weeks before and after Easter.
Business License Stakeholders Hold Second Meeting
On Monday, Municipal Association staff met again with representatives from the SC Chamber of Commerce, the National Federation of Independent Businesses and the Homebuilders Association of SC to discuss H3490, the business license tax bill. Rep. Rick Quinn, the sponsor of the bill, also participated in the meeting. An accountant met with the group of stakeholders to discuss the implications of changing state law from gross revenue to net income as the basis for calculating business license taxes. The meeting lasted three hours, and the group agreed to get more financial experts together in May for another discussion. For more information on this meeting and future meetings, contact Reba Campbell (rcampbell@masc.sc) at 803.933.1245. For more information on H3490 and business licensing, contact Melissa Carter (mcarter@masc.sc) at 803.933.1251.
Weekly Bill Introductions
Committee action this week
Senate Transportation subcommittee
S409 - South Carolina Transportation Companies Act - favorable report
Summary of the bill as introduced: Outlines the regulations for transportation network companies such as Uber under the Office of Regulatory Staff and exempts these companies from regulation by the Public Service Commission. This bill also exempts transportation network companies from municipal regulation.
House Judiciary Committee
H3583 - Prohibits cities and towns from accepting proposals from businesses that boycott based on race or religion - favorable report with an amendment. The amendment includes gender as a grounds on which a company can't discriminate. The amendment also makes the bill applicable only to contracts valued above $10,000.
Summary of the bill as introduced: Prohibits the state or a political subdivision of the state from accepting a proposal from or procuring goods or services from a business which engages in the boycott of a person or entity based on race, color, religion or national origin.
H3545 - Restructures the elements of the degrees of arson - favorable report
Summary of the bill as introduced: Restructures the elements of the degrees of arson.
H3115 - Prohibits municipalities from regulating knives and guns - favorable report
Summary of the bill as introduced: Prohibits municipalities from enacting, enforcing or promulgating any regulation or ordinance that regulates or attempts to regulate the transfer, ownership, possession, carrying or transportation of knives, guns or ammunition.
H3521 - Prevents a court or other enforcement authority from enforcing foreign law - adjourned debate
Summary of the bill as introduced: Prevents a court or other enforcement authority from enforcing foreign law.
House Education and Public Works Public Safety subcommittee
H3304 - Creates a new fire district in Greenville and Spartanburg Counties - favorable report with an amendment. The amendment clarifies the area of the fire service district.
Summary of the bill as introduced: Creates the Landrum Fire and Rescue District in Greenville and Spartanburg counties.
H3446 - Increases penalties for failure to stop for a law enforcement officer - adjourned debate
Summary of the bill as introduced: Increases penalties associated with failure to stop when signaled to stop by a law enforcement vehicle.
House Labor, Commerce and Industry Public Utilities subcommittee
H3525 - Regulates transportation network companies - favorable report with an amendment. The amendment defines the companies as only those that operate outside municipal limits. Later in the week, the full House Labor, Commerce and Industry gave this bill a favorable report.
Summary of the bill as introduced: Outlines the regulations for transportation network companies under the Office of Regulatory Staff and exempts these companies from regulation by the Public Service Commission.
Senate Judiciary Committee
S255 - Requires removal of arrest records on websites if the charges have been dismissed or discharged - carried over
Summary of the bill as introduced: Requires removal of arrest records on websites within 30 days if the charges have been dismissed, discharged or the person is found not guilty.
S237 - Continues the Study Committee on Expungement of Criminal Offenses until December 31, 2015 - favorable report
Summary of the bill as introduced: Continues the Study Committee on Expungement of Criminal Offenses until December 31, 2015.
Senate Finance Committee
S460 - Allows a taxpayer to receive tax bills in electronic form - favorable report
Summary of the bill as introduced: Permits a county to allow a taxpayer the option to receive certain property tax bills and receipts in electronic form.
S170 - Obligates a retailer to be liable for the sales tax - favorable report
Summary of the bill as introduced: Obligates a retailer to be liable for the sales tax or responsible for collecting and remitting the use tax if the retailer enters into an agreement with a resident of the state under which the resident refers potential customers.
Senate Finance Special Transportation Funding subcommittee
S2 - Establishes the Interstate Lane Expansion Fund - no action although the bill was on the agenda
Summary of the bill as introduced: Increases the number of lanes on existing mainline interstates with funding from the taxes from the sale, use or titling of a motor vehicle.
S23 - Adds a motor vehicle user fee of 16 cents per diesel gallon to liquefied natural gas - no action although the bill was on the agenda
Summary of the bill as introduced: Adds a motor vehicle user fee of 16 cents per diesel gallon to liquefied natural gas.
S142 - Requires all excess general fund revenues to be credited to the State Highway Fund - no action although the bill was on the agenda
Summary of the bill as introduced: Requires all excess general fund revenues accumulated in a fiscal year in excess of general appropriations and supplemental appropriations to be credited to the State Highway Fund for improvements to existing mainline interstates and state and local roads.
S244 - Local Option Motor Fuel User Fee Act - no action although the bill was on the agenda
Summary of the bill as introduced: Allows a county to impose by ordinance and approved by referendum a user fee of no more than five cents a gallon on retail sales of fuel for the sole purpose of road improvement projects and road maintenance within the county.
S406 - Increases the gas tax and provides an income tax credit - no action although the bill was on the agenda
Summary of the bill as introduced: Directs the State Fiscal Accountability Authority to establish a motor fuel surcharge and provide for a refundable income tax credit for taxpayers who pay the motor fuel surcharge.
House Agriculture, Natural Resources and Environmental Affairs Environmental Affairs II subcommittee
H3216 - Gives the same power and duties as animal control officers to litter control officers - favorable report. Later in the week, the full House Agriculture, Natural Resources and Environmental Affairs Committee gave this bill a favorable report.
Summary of the bill as introduced: Gives the same power and duties as animal control officers to litter control officers.
Senate Transportation SC Department of Transportation Reform subcommittee
S561 - Reforms the SC Department of Transportation - favorable report with an amendment. The amendment allows the governor to appoint one commissioner per congressional district with two at large seats with no two commission members from the same county.
Summary of the bill as introduced: Changes the governing structure of the SC Department of Transportation.
House Agriculture, Natural Resources and Environmental Affairs Environmental Affairs I subcommittee
H3378 - Grants DHEC sole authority on emergency orders over a beach or dune critical area - favorable report. Later in the week, the full House Agriculture, Natural Resources and Environmental Affairs Committee adjourned debate on this bill.
Summary of the bill as introduced: Grants DHEC sole authority in granting emergency orders over a beach or dune critical area and establishes guidelines over the use of sandbags in these areas.
House Judiciary Special Laws subcommittee
H3685 - Adds a five dollar surcharge on all monetary penalties imposed by municipal courts - favorable report with an amendment. The amendment includes all tickets.
Summary of the bill as introduced: Requires a five dollar surcharge imposed on all monetary penalties imposed by a general sessions, magistrates or municipal court for misdemeanor traffic or non-traffic offenses where an electronic ticket or citation was issued.
House Agriculture, Natural Resources and Environmental Affairs Public and Municipal Affairs subcommittee
H3714 - Grants further duties to the Joint Legislative Committee on Municipal Incorporation to review charters of certain cities and towns - adjourned debate
Summary of the bill as introduced: Requires cities and towns shows population drops below 300 to show that it is maintaining municipal services at an adequate level to maintain its certificate of incorporation.
House Judiciary Criminal Laws subcommittee
H3433 - Domestic Violence Reform Act - favorable report with an amendment. As soon as the amendment is written, it will be available on the tracking system.
Summary of the bill as introduced: Restructures the domestic violence offenses by graduating the penalties into degrees.
Senate Judiciary subcommittee
S512 - Outlines different penalties for willful damage to a water system - favorable report with an amendment. The amendment includes water and sewer systems owned and operated by other entities.
Summary of the bill as introduced: Provides different penalties for willful damage to a water system based on the amount of property damage.
Senate Transportation subcommittee
S211 - Allows political subdivisions to create separate golf cart paths on streets and roads - carried over
Summary of the bill as introduced: Allows political subdivisions to create separate golf cart paths on streets and roads within the jurisdiction of the political subdivision.
H3213 - Requires law enforcement officers to notify DMV of medical conditions of drivers - carried over
Summary of the bill as introduced: Requires law enforcement officers who suspect that a motor vehicle accident was the result of a driver's loss of consciousness due to a medical condition to notify DMV of the determination.
Senate Fish, Game and Forestry Committee
H3035 - Take Palmetto Pride Where You Live Act - favorable report
Summary of the bill as introduced: Creates the Take Palmetto Pride Where You Live Act Commission to develop a strategic state plan for litter removal, reduction and prevention.
Senate Judiciary subcommittee
S282 - Makes several changes to the Tort Claims Act - favorable report
Summary of the bill as introduced: Makes several changes to the Tort Claims Act including changes to the medical malpractice language and defective product language.
Senate Finance Special State Retirement Funds Investment Review subcommittee
S527 - Makes changes to the state retirement system - favorable report with amendments. As soon as the amendments are written by Senate staff, they will be posted in the tracking system.
Summary of the bill as introduced: Makes technical changes to Public Employee Benefit Authority and the South Carolina Retirement System Investment Commission as recommended by an audit report.
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