South Carolina House of Representatives
James H. "Jay" Lucas, Speaker of the House
OFFICE OF RESEARCH AND CONSTITUENT SERVICES
Room 212, Blatt Building, P.O. Box 11867, Columbia, S.C. 29211, (803) 734-3230
The House of Representatives concurred in Senate amendments to H.3449 and enrolled the legislation for ratification. The bill enacts the "SOUTH CAROLINA HEMP FARMING ACT" to promote the cultivation and processing of hemp, expand the state's hemp industry, open new commercial markets for farmers and businesses through the sale of hemp products, and encourage research into hemp growth and hemp products at state institutions of higher education and in the private sector. The legislation addresses the use of the Cannabis sativa L. plant, with federally defined THC level for hemp, for such uses as cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, cosmetics, personal care products, food, and any product containing one or more hempderived cannabinoids, such as cannabidiol. In light of the enactment of the 2018 Federal Farm Bill, which classifies hemp as an agricultural commodity, this legislation replaces the state's provisions for cultivating industrial hemp that were previously enacted and provides for the South Carolina Department of Agriculture to submit a state plan to the USDA for approval. The legislation eliminates various restrictions that were imposed on the cultivation of hemp, such as the limitations on the number of permits issued and the maximum acreage that could be cultivated. While these maximum limits are no longer imposed, individuals may only cultivate, handle, or process hemp by obtaining a license issued by the Department of Agriculture under the state plan in a process that includes: providing a legal description and location of fields or greenhouses; providing written consent allowing representatives of the department, South Carolina Law Enforcement Division (SLED), and local law enforcement, to enter onto all premises where hemp is cultivated, processed, or stored for the purposes of conducting physical inspections, obtaining samples of hemp or hemp products, or otherwise ensuring compliance with the requirements of applicable laws and regulations; and submitting to a criminal records check. No one who has been convicted of a felony, a drugrelated misdemeanor, or drug related violation in the ten years prior to the submission of the application is eligible to obtain a license. The state plan must include laboratory testing for delta9 tetrahydrocannabinol to ensure that hemp crops do not contain the high THC levels found in controlled substances. Criminal penalties continue to be provided to address the cultivation of industrial hemp as a means of disguising marijuana production or distribution operations. A violation is a misdemeanor that carries a term of imprisonment for up to three years and/or a fine of up to three thousand dollars. The South Carolina Department of Agriculture is authorized to issue licenses to all those who applied in 2019 and met the licensing criteria but were denied solely because the department had already issued the legally permitted number of licenses for the year.
The House approved S.160, a bill authorizing the Department of Revenue to implement INTERNET FILING AND INDEXING OF TAX LIENS for public inspection online, and enrolled the legislation for ratification. Replacing the existing system of filing tax liens with county clerks of court, the legislation allows the Department of Revenue to implement a centralized system of filing and indexing liens which is accessible to the public over the Internet or through other means. The legislation implements a recommendation from the House Legislative Oversight Committee's study of the Department of Revenue.
The House concurred in Senate amendments to H.3595 and enrolled the bill for ratification. The legislation revises the INDUSTRY PARTNERSHIP FUND TAX CREDIT to provide that the maximum annual amount is two hundred fifty thousand dollars for a single taxpayer, not to exceed an aggregate credit of nine million dollars for all taxpayers. The increased maximum credit amount is phased in under a three-year schedule beginning after 2018. Any member of the South Carolina Research Authority board of trustees or the SC Launch!, Inc. board of directors is not eligible to claim the tax credit. The South Carolina Research Authority is required to issue an annual report to the Chairman of the Senate Finance Committee, the Chairman of the House of Representatives Ways and Means Committee, and the Governor detailing the amount contributed to the Industry Partnership Fund in the previous tax year that entitled the taxpayer to the credit, the taxpayers that received the credit, and the manner in which such contributions were expended or are expected to be expended. The report also must be posted in a conspicuous place on the South Carolina Research Authority's website.
The House amended and gave second reading approval to H.3046, a bill establishing CRIMINAL OFFENSES OF FURTHERING TERRORISM. The legislation establishes the felony offense of furthering terrorism that applies to someone who makes significant plans or takes actions toward the commission of an act of violence with the intent to commit an act of terrorism. A violator is subject to imprisonment for up to thirty years. The legislation also establishes a felony offense that applies to someone who provides material or financial support of an act of terrorism or who conceals the actions or plans of another to carry out an act of terrorism. A violator is subject to imprisonment for up to twenty years. The legislation authorizes the seizure and forfeiture of real and personal property used in connection with these offenses. The legislation revises the statutory definition of "terrorism" to make clear that it encompasses instances of domestic terror by specifically including criminal acts dangerous to human life that appear to be intended to intimidate or coerce groups within the civilian population based on the group's race, religion, color, sex, age, national origin, or sexual orientation.
The House amended and gave second reading approval to H.3145, a bill addressing ELECTRIC COOPERATIVES OVERSIGHT AND TRANSPARENCY. The legislation vests the Office of Regulatory Staff with authority and jurisdiction to make inspections, audits and examinations of electric cooperatives. The legislation provides that no distribution electric cooperative shall, as to rates or services, make or grant any unreasonable preference or advantage to any person, corporation, municipality or consolidated political subdivision to its unreasonable prejudice or disadvantage. No distribution electric cooperative shall establish or maintain any unreasonable difference as to rates or service as between localities or as between classes of service. The legislation revises provisions relating to annual meetings of members of an electric cooperative, so as to revise the notice requirements for certain meetings. The legislation revises provisions relating to a quorum at meetings of electric cooperatives, so as to allow persons casting early voting ballots for the election of trustees to be counted for purposes of determining a quorum at the meeting for the election, and to prohibit voting by proxy. For meetings that include the election of cooperative trustees, polling locations must be open for a minimum of four hours. Requirements are included for making early voting accommodations when trustee races are contested. Unless otherwise provided in the bylaws, each trustee's principal residence, as determined by South Carolina voter registration law, must be served by the cooperative. A vacancy in the office of trustee occurring for any reason other than expiration of a term may be filled only for the remainder of the unexpired term by a vote of the membership at the next annual meeting. The legislation requires annual public disclosure of compensation and benefits paid to or provided for members of the board of trustees. The legislation includes notice requirements for all nonemergency meetings of the board of trustees or the membership of the cooperative. The legislation makes transparency provisions for meetings that include requirements for certain votes of trustees to be taken in open session, requirements for votes taken in executive session to be ratified in open session, require for providing minutes of all meetings to cooperative members. Provisions are included to prohibit certain conflicts of interest and the misuse of a position on a board of trustees for financial gain or to secure certain other advantages. The legislation establishes provisions governing the conduct of elections by a cooperative, that prohibit advocacy or campaigning within a certain distance of the polling place. Incumbent trustees seeking reelection shall not directly or indirectly influence the nomination or credentials process. The legislation includes financial disclosure requirements and ethics provisions for electric cooperative trade associations. The Office of Regulatory Staff is authorized to make inspections, audits, and examinations of these trade associations and the Public Service Commission is vested with the authority and jurisdiction to resolve any disputed issues arising from the inspections, audits or examinations.
The House amended, approved, and sent the Senate H.3357, a bill allowing for a HEARING IMPAIRMENT NOTATION ON A MOTOR VEHICLE REGISTRATION as a means of providing law enforcement officers with information that could prevent misunderstandings during traffic stops and other interactions. The legislation establishes a procedure that allows drivers who are deaf or hard of hearing to apply to the Department of Motor Vehicles to have a notation added to their private passengercarrying motor vehicle registration. This special motor vehicle registration notation would only appear when a law enforcement check is run on the vehicle's license plate through the department's online interface with law enforcement to alert the officer that the driver may be deaf or hard of hearing.
The House amended, approved, and sent the Senate H.3592, a bill addressing LOCAL GOVERNMENT REGULATION OF RENTED AND LEASED GOLF CARTS AND MOPEDS. The legislation provides authorization for counties and municipalities to adopt ordinances that regulate those offering golf carts and mopeds for rental or lease for a period of less than nine months that operate upon the public streets and highways within their jurisdictions. These ordinances are limited to the use of safety devices and the geographic area, distance, identification of the vehicles, and specified public roadways on which these rented or leased vehicles may operate. The ordinances may not conflict with or exceed existing limitations of state law.
The House amended, approved, and sent the Senate H.3755, a bill that establishes new provisions and notification requirements that allow insurers to issue a RENEWAL OF AN AUTOMOBILE INSURANCE POLICY WITH A REDUCTION IN COVERAGE. Current provisions do not allow for a reduction in coverage through the renewal of an existing policy. A reduction in coverage requires a notice of nonrenewal to be issued, which has proven to be a source of confusion for insurance customers.
The House amended and gave second reading approval to H.3243, a bill REVISING FILING AND RECORDING FEES CHARGED BY THE REGISTER OF DEEDS AND CLERKS OF COURT to make provisions for charging certain flat fees, rather than fees determined by the number of pages in a document. The legislation updates 30year-old fee schedules set for filing and registering a list of legal documents, including deeds and mortgages. Fees for filing a power of attorney are waived for military personnel deployed to combat zones.
The House amended, approved, and sent the Senate H.3725, a bill that establishes the ADVISORY COUNCIL ON PEDIATRIC ACUTE-ONSET NEUROPSYCHIATRIC SYNDROME (PANS) AND ITS SUBSET, PEDIATRIC AUTOIMMUNE NEUROPSYCHIATRIC DISORDER ASSOCIATED WITH STREPTOCOCCAL INFECTIONS (PANDAS) to advise the Department of Health and Environmental Control on research, diagnosis, treatment, and education relating to the syndrome and disorder. The legislation provides for the membership of the council and requires it to meet at least four times a year. Members may not receive compensation, but will be entitled to mileage, subsistence, and per diem. The council must make an annual report of its recommendations to the General Assembly by July 1. The advisory council must be dissolved after two years.
The House amended, approved, and sent the Senate H.3821, a bill revising the medical acts that ADVANCE PRACTICE REGISTERED NURSES are authorized to perform. The legislation allows an APRN to execute a do not resuscitate order. An APRN's authority to prescribe Schedule II narcotic substances is expanded to include patients residing in longterm care facilities. The legislation allows an APRN to certify the manner and cause of death and provides that this duty and other authorized duties relating to pronouncing death and signing death certificates are to be conducted according to statutory provisions governing vital statistics obtained by the Department of Health and Environmental Control and the provisions of the "Safe Cremation Act".
The House approved and sent the Senate H.3621, a bill dealing with ATHLETIC TRAINERS. This legislation makes revisions to the Athletic Trainers' Act that include revising the definition of athletic trainer by specifying that an athletic trainer is an allied health professional, and specifying additional settings where an athletic trainer may be employed. The legislation also codifies the authority of the Department of Health and Environmental Control to suspend or revoke an athletic trainer's certification and impose civil monetary penalties for violations of the "Athletic Trainers' Act of South Carolina".
The House approved and sent the Senate H.3845. This joint resolution authorizes the transfer of certain Education Improvement Act carry-forward funds to the South Carolina Public Charter School District to provide FUNDS FOR THREE AND FOURYEAROLD CHILDREN WITH A DISABILITY who are eligible for services under the Individuals with Disabilities Education Act.
The House amended, approved, and sent the Senate H.3986, a bill redesignating the South Carolina ABLE Savings Program which was enacted to allow the establishment of savings accounts empowering individuals with a disability and their families to save private funds which can be used to provide for disability related expenses that supplement benefits provided through private insurance. Since an existing organization is named SC ABLE, the program is renamed the PALMETTO ABLE SAVINGS PROGRAM.
The House committed H.3355, a bill addressing DRIVING WHILE USING AN ELECTRONIC DEVICE, to the Judiciary Committee.
The House Judiciary Committee met Tuesday, March 19th, and reported out the following bills:
H.3307 ELECTRONIC SLED CASE TRACKING received a favorable report. This bill requires the State Law Enforcement Division [SLED] to establish and maintain a case tracking system. It will have a searchable website. This website will report property seized by law enforcement. It will also show anything forfeited under state law, or obtained under any law enforcement agreements with federal agencies.
A favorable report, with amendments, was given to H.3602 HEALTHCARE DECISION MAKERS FOR PATIENTS WHO CANNOT CONSENT. This bill adds people who can make healthcare decisions for patients who are unable to consent. This list will now include anyone who has established special care and concern for a patient and who is not a paid caregiver or other type of paid healthcare provider. This person, with the established relationship, must sign a notarized acknowledgement form, which is placed in the patient's records, setting forth the nature and length of their relationship and certifying they meet all criteria to be considered a healthcare decision maker for the patient.
They gave a favorable report, with amendments, to H.3917 SOUTH CAROLINA ELECTRONIC NOTARY PUBLIC ACT AND REMOTE ONLINE NOTARIZATION ACT. It allows documents to be electronically notarized. Note that wills, codicils, and trusts cannot be electronically notarized. The Secretary of State would monitor applicants to make sure they complete all necessary steps before becoming an electronic notary public, including possessing a standard notary public commission and successfully completing training in this new method of notarizing documents. Sets up requirements for recording these new electronic documents in county registrar of mesne conveyances, or register of deeds, offices. Attorneys will still have to monitor real estate closings under this new law.
Receiving a favorable report, as amended, was H.3951 MINIMUM QUALIFICATIONS FOR COUNTY SHERIFF CANDIDATES. All county sheriff candidates would have to be South Carolina Certified Class I Law Enforcement Officers in order to be qualified to run for this office. No other experience substitutes for this prerequisite. Candidates also could not have any prior convictions for moral turpitude crimes. Incumbent sheriffs are exempt from these requirements.
The House Ways and Means Committee met on Wednesday, March 20, and gave a favorable report on H.4243, a bill addressing PROFESSIONAL SPORTS TEAM INVESTMENTS. The legislation revises job tax credit provisions to allow a professional sports team to be eligible for the tax credits for jobs created like other major businesses and industries. The legislation prohibits a county from levying county license fees and taxes on a professional sports team, and prohibits a municipality from levying a business license tax on a professional sports team. The legislation provides that real property owned by a professional sports team may not be annexed by a municipality without prior written consent of the professional sports team.
S.475 LIMITS FOR ESTUARINE AND SALTWATER FINFISH Sen. Campsen
It is unlawful for a person to take or have in possession more than three tripletails (Lobotes surinamensis) in any one day, not to exceed nine tripletails in any one day on any boat.
S.252 SALKEHATCHIE SUMMER SERVICE MONTH Sen. Fanning
This bill designates the month of June of every year as "Salkehatchie Summer Service Month" in South Carolina.
H.4264 EXEMPTIONS FROM PAYING TUITION Rep. Ridgeway
This bill relates to certain people exempt from paying tuition to attend public institutions of higher learning for a period of four years, so as to include the children of fulltime licensed physicians who reside and practice in medically underserved areas of this state for a certain period of time.
H.4279 ACADEMIC STANDARDS AND ASSESSMENT COMMITTEE Rep. White
This joint resolution creates the Academic Standards and Assessment Committee to make recommendations to the General Assembly regarding the best manner by which the academic standards may be assessed without interfering with educational instruction; and to repeal Chapter 18, Title 59, relating to the Education Accountability Act, unless subsequent related legislation is enacted.
H.4283 INTERSCHOLASTIC ACTIVITIES Rep. Elliott
This bill relates to nonpublic school student participation in interscholastic activities of public schools, so as to provide limited situations in which seventh grade and eighth grade students who attend private schools may participate in high school league sports offered at public high schools.
H.4259 TOXICOLOGY REPORTS AS PUBLIC RECORDS Rep. Fry
Under this proposal, the SC Freedom of Information Act would apply to toxicology reports on public employees, public officials, and school district board members operating motor vehicles while on the clock who are then arrested, or investigated, for DUI or related traffic violations. The medical records exemption available under this Act would no longer apply to these records.
H.4275 FIREARMS FOR ANIMAL CONTROL OFFICERS Rep. Finlay
This legislation would authorize county, or city, animal control officers to carry firearms.
H.4277 ELECTING OUR PRESIDENT BY POPULAR VOTE Rep. Hart
Would eliminate the federal Electoral College in presidential elections, and instead adopt "The Agreement Among the States to Elect the President by National Popular Vote."
H.4281 RECOVERING ATTORNEY FEES FROM PERSONS ATTEMPTING TO DEFRAUD CREDITORS Rep. W. Newton
Litigants, who prevail in legal actions to set aside any conveyances made to defraud creditors, would be entitled to recover their attorney fees, interest, and costs incurred. The amount to be reimbursed would be determined by the judge.
H.4282 CIVIL CITATIONS FOR IMPROPERLY PASSING SCHOOL BUSES Rep. Thayer
SC Department of Public Safety officers would be able to issue civil penalty citations to registered motor vehicle owners who violate traffic laws related to improperly passing school buses. These civil citations could be challenged via a process set out in this proposal.
S.259 "SOUTH CAROLINA RESILIENCE REVOLVING FUND ACT" Sen. Goldfinch
This bill establishes the "South Carolina Resilience Revolving Fund" to provide low interest loans to perform floodedhome buyouts and floodplain restoration. The legislation establishes certain criteria for loans and eligible fund recipients and provides certain requirements for the monies within the fund.
H.4256 FUNERAL SERVICES VIOLATIONS Rep. Sandifer
This bill revises penalties for violations of provisions relating to funeral services and enhances ethics provisions.
H.4257 COLLECTION OF INSURANCE PREMIUM TAXES AND BROKER'S PREMIUM TAXES Rep. Finlay
This bill prohibits the Municipal Association of South Carolina or other nongovernmental entity from collecting an insurance premium tax or broker's premium tax. The legislation authorizes the Department of Insurance to collect insurance premium taxes and remit them to the appropriate municipalities. The legislation revises provisions relating to the accounting of the state's portion of broker's premium taxes collected, so as to remove references to municipal agents.
H.4260 "SOUTH CAROLINA RATEPAYER PROTECTION ACT OF 2019" Rep. Caskey
This bill enacts the "South Carolina Ratepayer Protection Act of 2019". The legislation provides protections for employees of a public utility who report wrongdoing by the utility and provides remedies for employees who are dismissed or suffer adverse employment actions because of a report of wrongdoing. The legislation prohibits someone from serving as the Consumer Advocate if the Public Service Commission regulates a business with which that person is associated. The legislation places restrictions on future employment and specified ethical requirements on the Consumer Advocate and employees of the Department of Consumer Affairs. Criminal penalties are provided for violations. The legislation revises provisions relating to the Public Service Commission, so as to eliminate provisions which permit the Public Utilities Review Committee to find a candidate qualified if he does not have the background or expertise required by law and provisions which permit certain incumbent commissioners to be reelected who do not meet these qualifications. The legislation authorizes mileage and subsistence allowances for Public Service Commissioners and provides that members of the commission are not prohibited from consulting with retained experts and attorneys in closed session in a manner consistent with the appellate courts of this state. The legislation further provides for the circumstances which are considered conflicts of interest of members of the Public Service Commission and employees of the commission. The legislation further provides for the code of conduct and permissible actions and practices of commissioners and employees of the commission, and requires annual continuing education for commissioners and employees. The legislation eliminates a provision which provides that the inspection, audit, and examination of public utilities is the sole responsibility of the Office of Regulatory Staff and not the commission, and permits the commission to direct the Office of Regulatory Staff to audit or examine public utilities and the authority of the commission to undertake these actions on its own. The legislation authorizes the Public Service Commission to employ, through contract or otherwise, thirdparty consultants and experts in carrying out its duties if the commission determines it is in the best interest of ratepayers and it is approved by the Public Utilities Review Committee. The legislation revises provisions relating to conduct of hearings by the commission, so as to provide that before making a determination, the commission shall question the parties thoroughly during hearings of contested cases when appropriate. The legislation revises provisions relating to the prohibition against communications between the commission and parties to a proceeding, so as to permit certain communications between the commission and the Public Utilities Review Committee, and a legislative committee charged with review of the commission. The legislation imposes certain civil and criminal penalties and sanctions against a public utility which violates the provisions of Title 58 or refuses to obey a rule, order, or regulation of the Office of Regulatory Staff or the commission, or which files or submits false information, including a requirement that the principal executive officer and the principal financial officer of a utility certify the accuracy of information provided. The legislation revises the membership of the Public Utilities Review Committee and prevents a person from being appointed to the committee who has made certain political contributions to the appointing authority. The legislation provides that the committee shall nominate all candidates it finds qualified for each seat on the commission. The committee shall appoint the Executive Director of the Office of Regulatory Staff. The legislation revises provisions relating to election of commissioners, so as to provide that the provisions prohibiting the election of members of the General Assembly or members of their immediate family to the commission, no longer prohibits their election. The legislation provides that, beginning with the 2020 elections, the elections must be held at least fortyfive days after the screening and nomination process. The legislation provides that members of the review committee are prohibited from certain actions or having certain business relationships. The legislation revises the duties and responsibilities of the Office of Regulatory Staff so as to revise certain disclosure requirements on the part of employees and to prohibit certain other actions by these employees. The legislation revises provisions relating to the Board of Directors of the Public Service Authority, so as to prohibit certain actions by board members and to prohibit certain business relationships by board members.
H.4261 PUBLIC SERVICE AUTHORITY OVERSIGHT AND ACCOUNTABILITY Rep. McCoy
This bill provides that major utility facilities of the Public Service Authority must be submitted to the Public Service Commission for approval. The legislation establishes certain mandatory procedures that the Public Service Authority must follow prior to revising any of its boardapproved retail rate schedules for residential, lighting, commercial, or industrial customers in a manner that results in a rate increase. The legislation creates the "South Carolina Public Service Authority Review and Oversight Commission", and provides for the commission's composition, powers, duties, and responsibilities. The legislation revises provision relating to the Public Service Authority board of directors and its advisory board, so as to require the Public Service Authority to submit annual audits to the advisory board and to the South Carolina Public Service Authority Review and Oversight Commission. The legislation requires the live streaming of board and committee meetings. The legislation requires the Public Service Commission to approve the Public Service Authority's construction of any major utility facility.
H.4262 "SOUTH CAROLINA SMALL WIRELESS FACILITIES DEPLOYMENT ACT" Rep. Simrill
This bill enacts the "South Carolina Small Wireless Facilities Deployment Act" to establish certain uniform procedures, rates and fees for small wireless facilities, including small cells and distributed antenna systems, on utility poles in rights of way to encourage the development of strong and robust wireless and broadband communications networks throughout the state. The legislation provides that certain units of local government "authorities" with control over rights of way may not prohibit, regulate, or charge for the collocation of certain small wireless facilities. The legislation provides that small wireless facilities must be classified as permitted uses and not subject to zoning review and approval under specified circumstances. The legislation establishes requirements for applications, fees, application review, and issuance of permits for collocation of small wireless facilities. The legislation requires authorities to allow the collocation of small wireless facilities on authority utility poles under specified circumstances. The legislation prohibits authorities from regulating the design, engineering, construction, installation, or operation of any small wireless facility in specified circumstances. The legislation to provides that the Administrative Law Court has jurisdiction to resolve all disputes arising under the act. The legislation prohibits an authority from requiring a wireless provider to indemnify the authority or its officers or employees and from naming the authority as an additional insured on a wireless provider's insurance policy. The legislation provides that certain agreements or enactments pertaining to the deployment of small wireless facilities that do not comply with certain provisions of this act must be deemed invalid and unenforceable beginning October 1, 2019.
H.4263 PUBLIC BUILDING ENERGY STANDARDS Rep. Sandifer
This bill provides that governmental improvement projects, construction projects, renovation projects, or improvements to real property shall comply with certain energy standards. The legislation revises requirements for state agencies and school districts to submit energy conservation plans, so as to establish new metering requirements. The legislation repeals the Energy Independence and Sustainable Construction Act of 2007.
S.463 PHARMACIST DISPENSING MEDICATION Sen. Martin
A pharmacist may exercise his professional judgment, in consultation with the patient, to dispense up to a ninetyday supply of medication per refill up to the total number of dosage units as authorized by the prescriber on the original prescription. In consulting with the patient, the pharmacist must utilize readily available, existing mechanisms such as online claim adjudication and inform the patient of any cost changes of the proposed dispensing change.
H.4278 "NURSE PRACTICE ACT" Rep. Lowe
The legislation revises minimal qualifications for Certified Registered Nurse Anesthetist (CRNA). It also
outlines that medical actions developed by CRNAs can be performed by APRNs.
H.4286 REQUIREMENTS FOR PRESCRIPTION DRUG LABELS Rep. D. C. Moss
The legislation outlines that lot numbers must be included in the labeling requirements for prescription drugs.
S.214 SALES AND USE TAX LIABILITY Sen. Kimpson
This bill makes provisions that Internet marketplaces where a person sells tangible personal property at retail by listing or advertising, or allowing the listing or advertising of, another person's products on an online marketplace and collects or processes the payment from the customer are retailers required to remit the sales and use tax on such retail sales under the provisions of South Carolina sales and use tax law. The legislation makes provisions that retailers selling tangible personal property at retail on consignment, by auction, or in any other manner, including property sold through a marketplace by a marketplace facilitator, must remit the sales and use tax on such retail sales. A marketplace facilitator is defined as any person engaged in the business of facilitating a retail sale of tangible personal property by: (a) listing or advertising, or allowing the listing or advertising of, the products of another person in any marketplace where sales at retail occur; and (b) collecting or processing payments from the purchaser, either directly or indirectly through an agreement or arrangement with a third party. Such individuals, regardless of whether they receive compensation or other consideration in exchange for their services, are considered marketplace facilitators who are subject to sales and use tax provisions. A marketplace may be physical or electronic and includes, but is not limited to, any space, store, booth, catalog, website, television or radio broadcast, or similar place, medium, or forum.
S.440 TEXTILE MILL REHABILITATION Sen. Talley
This bill revises provisions of the South Carolina Textiles Communities Revitalization Act to provide that a certain cap on rehabilitation expenses only applies to certain rehabilitated buildings on contiguous parcels.
S.525 SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND
This bill revises provisions for the disposition of accrued interest in the Superb Account and the Superb Financial Responsibility Fund, to repeal the abolition of the environmental impact fee.
H.4249 SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICER RETIREMENT SYSTEM EARNINGS LIMITATIONS ELIMINATED Rep. Daning
This bill revises provisions relating to the amount of compensation that may be earned upon returning to covered employment under the South Carolina Retirement System and the Police Officer Retirement System so as to eliminate the earnings limitation.
H.4258 "SOUTH CAROLINA WORK AND SAVE RETIREMENT SAVINGS PLAN" Rep. Ballentine
This bill establishes the "South Carolina Work and Save Retirement Savings Plan", establishes the "South Carolina Retirement Savings Plan Trust", and provides for the state to adopt and implement the Palmetto Work and Save Plan.
H.3280 "MEDICAID WELLNESS AND NUTRITION PROGRAM" Rep. Funderburk
This bill enacts the "Medicaid Wellness and Nutrition Program". The legislation creates the Medicaid Wellness and Nutrition Advisory Panel within the South Carolina Department of Health and Human Services and provides for its membership and duties, including the development of wellness and nutrition benchmarks and incentives for client participation in wellness and nutrition programs. The legislation requires Medicaid plans to offer incentives for participation in wellness and nutrition programs and establishes certain reporting requirements.
H.4287 SALE OF SANTEE COOPER Rep. Lucas
This joint resolution authorizes the Public Service Authority Evaluation and Recommendation Committee to receive and approve a contractual offer to purchase the assets and assume or satisfy the liabilities of the South Carolina Public Service Authority which the committee considers to be in the best interests of this state and its taxpayers and ratepayers. The legislation provides that the actions of the committee are subject to final approval by the General Assembly and specifies the manner in which an offer is to be transmitted to and approved or disapproved by the General Assembly, including a timeline.
H.4294 DELINQUENT TAXES Rep. Rivers
This bill provides that a county may adopt alternative dates for the application of penalties on delinquent taxes, the issuance of the county treasurer's execution to the officer authorized to collect delinquent taxes, assessments, penalties, and costs, and the mailing of the notice of delinquent taxes.