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Week In Review Thumbnail

Week In Review

Bills That Have Passed the Senate

S.229 – South Carolina Child Abuse Response Protocol: A bill to require multidisciplinary teams involved in child abuse investigation and prosecution follow certain child abuse response protocol, establish an advisory committee to review and update the protocol and require children’s advocacy centers to hold certain accreditation status, and other provisions.

S.241 – Military Personnel Tuition Rates: A bill to eliminate the requirement that a veteran or dependent enroll in a public institution of higher education within three years of the veterans discharge in order to receive educational assistance.

S.472 – Responsible Alcohol Server Training Act: A bill to require an individual to, within sixty days of employment, obtain an alcohol server certificate. The licensee must complete training on responsible alcohol server training, and shall not be mentally or physically impaired by alcohol, drugs or controlled substances while serving alcohol. Each licensee shall maintain at all times on its permitted of licensed premises copies of the alcohol server certificates in its premises, and must make that available to the department or division when requested. The South Carolina Department of Revenue is authorized to approve alcohol server training programs offered by providers. A provider shall not charge an individual more than thirty-five dollars for a training program.

S.525 – Advanced Recycling: A bill to provide definitions for the manufacturing process of ‘advanced recycling’ and provide other protocol for the industry. Advanced recycling is the conversion of post-use polymers and recovered feedstocks into other materials including basic hydrocarbon raw materials, feedstocks, chemicals, waxes and lubricants. It uses the processes of pyrolysis, gasification, depolymerization, solvoysis and others, but does not include incineration, combustion, energy recovery, material recovery or treatment. Prior to being issued a permit, an advanced recycling facility must demonstrate financial responsibility, establish a cash trust fund under the control of DHEC or obtain a surety bond for which the department is the sole beneficiary in an amount to meet all reasonable foreseeable costs of clean up, environmental remediation, firefighting, ground water or other responsibilities. The department, on or before the second anniversary of the effective date of the Act, shall issue a report to the General Assembly including the department’s  analysis of the industry and recommendation to the General Assembly, and other provisions.

S.607 – Charter School District Board Removal: A bill to provide that members of a charter school board of directors who willfully commit or engage in malfeasance, misfeasance, absenteeism, conflicts of interest, misconduct or persistent neglect of duty in office are deemed incompetent, may be removed from office by the Governor. The Governor must inform the person in writing of specific charges and provide an opportunity on reasonable notice to be heard.

Bills Given Second Reading

S.456 – Fingerprint Background Check: A bill to authorize an agency of the state to obtain a fingerprint-based background check on an individual applicant for employment or licensure by SLED and a national criminal records check by the FBI. SLED may charge a reasonable fee for collection and retention of the fingerprints.

S.631 – Electronic Notaries: A bill to allow a notary public to become an electronic notary public. Before a notary public performs an electronic notarization, the notary must register with the Secretary of State and must identify the technology that he intends to use, which must conform to any rules or regulations adopted by the Secretary of State. A registration fee of fifty dollars must be submitted to the Secretary of State within the registration form, and makes other requirements of electronic notaries.

This Week In Committee

Finance Committee

S.154 – Right To Attorneys’ Fees: A bill related to the uniform method of collection of taxes levied and assessed by DOR to provide that a taxpayer that is the prevailing party in an action or proceeding instituted by the department or the Attorney General to recover a tax or penalty imposed is entitled to reasonable attorneys’ fees or costs associated with defending the action.

S.195 – Fair Market Value For Vehicles: A bill to add to the issuance of tax notices and paid receipts to provide that the tax notice must set forth the fair market value used for the vehicle.

S.401 – Millage Limitations: A bill to permit a governing body of a county, by a majority vote, to adopt an ordinance or resolution to suspend the millage rate limitation for the purpose of supporting a fire protection district.

S.461 – Pay For Success Performance Accountability: A bill establish the “South Carolina Pay-for-Success Performance Accountability Act.” The bill provides that a state agency may enter into a pay-for-success contract only if the agency head explains in writing how the contract will produce a quantifiable public benefit or financial savings to the state. A pay-for-success contract is a written agreement between a state agency and a private-sector organization under which the organization provides a program or service, the parties set forth performance measures over a certain time expect to achieve, if the performance measures are achieved the success payment is authorized.  Additionally, the bill outlines other requirements, obligations and terms of the contact and how it may be terminated.

S.463 – Geothermal Machinery and Equipment Tax Credit: A bill to delete the sunset provision of the tax credits for geothermal machinery and equipment.

S.627 – Pass-Through Business Entity: A bill relating to income tax rates for pass-through trade and business income to provide a ‘S’ corporation or partnership may elect annually to have income tax on its active trade or business income at the prate provided on the pass-through business entity itself. An individual shall exclude net income or losses received from an electing entity of which the individual is a shareholder, partner or member provided the entity properly filed an income tax return and paid the taxes.

H.3770 – Emergency Rental Assistance Program: A joint resolution to provide that federal funds disbursed to the State for the Emergency Rental Assistance Program are authorized to be expended. The resolution creates the program administered by the SC State Housing Financing and Development Authority to assist eligible households unable to pay rent and utilities due to the pandemic. The resolution outlines who is considered an “eligible household” and requirements for the funds.

Agriculture and Natural Resources Committee

H.3071 – Equine Industry Support Study Committee: A joint resolution to establish a study committee to examine the growth of the equine industry in the state and the resulting economic impact. The study committee will be comprised of seven members: two of the House appointed by the Chairman of the Agriculture and Natural Resources Committee; two of the Senate appointed by the Chairman of the Agriculture and Natural Resources Committee; two from the equine industry, one appointed by the Speaker and one by the President upon recommendation of the South Carolina Thoroughbred Owners and Breeders Association; and the Commission of Agriculture or his designee. The committee shall issue a report to the General Assembly by February 15, 2022 with its findings and recommendations.

Fish, Game and Forestry Committee

S.556 – Commercial Fur Licenses: A bill to provide a penalty for violation relating to commercial licenses, to remove the license requirement for persons who trap fur-bearing animals. Anyone having more than five fur-bearing animals or more than five green pelts must have a valid commercial fur license. A person taking fur-bearing animals for commercial purposes must report to the department by April fifteenth of each year the number and type of fur-bearing animals taken, sold, or shipped, together with the names and addresses of persons to whom sold or shipped using forms prescribed by the department.

H.3059 – Heritage Trust Revenue Bonds: A bill to repeal Article 3, Chapter 17, Title 51 of the 1976 Code relating to the Heritage Trust revenue bonds.

H.3684 – Cobia Limits: A bill to establish the limits to cobia as one per person per day and no more than three per day taken within a certain region and time subject to a minimum size requirement of thirty-six inches in fork length; one per person per day and no more than six per boat per day in certain areas subject to a minimum size requirement of thirty-six inches in fork length; or two per licensed commercial fisherman per day and no more than six per boat per day subject to minimum size requirement of thirty-three inches in fork length. It is unlawful to sell cobia taken from the waters of the State or possess cobia when federal regulations provide for the closure of the recreational or commercial cobia fishery in waters of the South Atlantic Ocean.

The information provided in this review is not intended to represent Senator Bennett's approval or disapproval but rather a listing of the activity and outcomes within the South Carolina Senate. You may find Senator Bennett's voting record here.