Weekly Rewind: Week of February 4th


(Published by the Office of Research of the House of Representatives)

HOUSE WEEK IN REVIEW
February 7, 2014

The House of Representatives approved and sent the Senate H.4576, a joint resolution AUTHORIZING SCHOOL DISTRICTS TO FORGIVE UP TO FIVE DAYS MISSED THIS SCHOOL YEAR DUE TO INCLEMENT WEATHER. Under the legislation, the governing body of a school district may waive the requirement that schools make up full days missed due to inclement weather for five or fewer full school days that students who attend schools or charter schools in the district missed due to inclement weather during the 2013 2014 school year. When a district waives a make up day under this legislation, the make up day also is waived for any student participating in a home schooling program approved by the board of trustees of the district in which the student resides.

The House amended Senate amendments to H.3847 and returned the bill to the Senate. The legislation makes REVISIONS TO THE SOUTH CAROLINA MANUFACTURER RESPONSIBILITY AND CONSUMER CONVENIENCE INFORMATION TECHNOLOGY EQUIPMENT COLLECTION AND RECOVERY ACT , that was established in order to keep certain discarded electronics out of the state’s waste landfills where toxic components found in these electronic devices could make their way into the groundwater or pose other environmental harms. The legislation establishes registration fees and shortfall fees for manufacturers of computers, televisions, and other covered devices to fund required recycling of electronic waste. The legislation includes computer monitors in labeling requirements and recycling program requirements imposed on televisions. Beginning in 2015, the legislation requires a manufacturer to either fulfill its legal obligations on its own or join a representative organization created by manufacturers of covered electronic devices to develop and oversee implementation of a statewide consumer electronic device stewardship program.

The House approved H.3644, legislation establishing provisions for CLEAN ENERGY INDUSTRY MARKET DEVELOPMENT , and sent the bill to the Senate. The legislation establishes within the Division of State Development of the Department of Commerce a fourteen-member Clean Energy Industry Market Development Advisory Council to assist in the development of clean energy technology, materials, and products manufactured in this state. The legislation provides for the new advisory council’s membership and responsibilities. The Renewable Energy Tax Credit Incentive Program is revised so as to: redesignate the program the South Carolina Clean Energy Tax Incentive Program; extend the income tax credit so that it is also available to companies engaged in hydrogen, energy storage, and energy efficiency operations; decrease the investment thresholds and job creation requirements that must be met in order to qualify for the credit; require written notification to the Department of Commerce of an intention to claim the credit; and, extend the availability of the credit, currently set to expire at the end of 2015, so that it is available through 2020. The legislation also revises tax incentive provisions for ethanol or biodiesel production in this state, so that the income tax credit applies to the production of any liquid fuel that will power an internal combustion engine and is derived from algae, cellulose, corn, natural gas, soy, used oil, waste oil, or yellow grease and used as a substitute for gasoline or diesel fuel. The legislation reduces the amount of liquid fuel that must be produced in order to be eligible for the credit, removes the cap placed on total claims, and extends the period during which the credit may be claimed through 2020.

The House amended, approved, and sent the Senate H.4384, a bill establishing new MOPED SAFETY REQUIREMENTS. This legislation requires moped operators and passengers to wear reflective vests. The legislation prohibits the operation of a moped on public roads that have a speed limit of greater than forty-five miles per hour. A moped is, however, allowed to cross an intersection at a public road with a speed limit in excess of forty five miles per hour.

The House amended and gave second reading approval to H.3833, a bill providing AUTHORITY FOR CONDUCTING WINE TASTINGS AND BEER TASTINGS IN LARGE RETAIL SETTINGS. This legislation allows the holders of a retail wine permit for off-premises consumption whose retail space is at least 10,000 square feet and whose primary product is not beer, wine, or distilled spirits to obtain an annual wine tastings permit for each separate place of business in order to conduct, in accordance with Department of Revenue rulings or regulations, up to twelve wine tastings at the retail location in a calendar quarter, and it provides restrictions. The legislation also allows the holder of a retail permit authorizing the sale of beer for off-premises consumption whose retail space is at least 10,000 square feet and whose primary product is not beer, wine, or distilled spirits to obtain an annual beer tastings permit for each separate place of business in order to conduct, in accordance with Department of Revenue rulings or regulations, up to twelve beer tastings in a calendar quarter, and it provides restrictions. These tastings may not be held in conjunction with one another; also a tasting may not be held in conjunction with a tasting in a retail alcoholic liquor store that is adjacent to and licensed in the same name of the retail permit authorizing the sale of beer. A sampling must not be offered for more than four hours, and a retailer may not offer more than one sampling per day. The tasting must be held in a designated, stationary tasting area of the retail store with a distinctive barrier clearly in place, indicating the tasting area. No one under twenty-one may be allowed in the tasting area. There are restrictions on sample sizes and the number of samples, and no person may be served more than one sample of each product. In addition to other applicable fines and penalties, a retailer who violates these provisions must be assessed a fine of five hundred dollars for the first violation and five hundred dollars for the second violation in a twelve month period. Subsequent violations in a twelve month period are punishable by the loss of the retail off premises consumption permit for thirty days. The revenue from these fines must be directed to the State Law Enforcement Division (SLED) for supplementing funds required for regulation and enforcement of the tastings.

The House approved and sent the Senate H.4603, a joint resolution to provide that the Department of Health and Environmental Control, by emergency order or approval of an order, may authorize SAND SCRAPING AND SANDBAGGING AS PROTECTION FOR GOLF COURSES through 2015.