The Weekly Rewind – February 8th

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HOUSE WEEK IN REVIEW
February 8, 2019

NOTE: THESE SUMMARIES ARE PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND ARE NOT THE EXPRESSION OF THE LEGISLATION’S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. THEY ARE STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND ARE NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT.

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The House of Representatives approved and sent the Senate H.3420, legislation PREVENTING YOUTH ACCESS TO VAPING, CIGARETTES, AND OTHER TOBACCO AND NICOTINE PRODUCTS. The bill updates the “Youth Access to Tobacco Prevention Act of 2006” to prohibit minors under the age of eighteen from entering retail establishments that primarily sell tobacco products, alternative nicotine products, or both, unless the minor is actively supervised and accompanied by an adult. The legislation provides for a more expansive definition of “alternative nicotine product” that specifically includes vaping. The legislation revises the restrictions governing Internet commerce and other remote sales to provide for the use of a method of mailing, shipping, or delivery that requires the signature of a person at least eighteen years of age before a tobacco product or alternative nicotine product will be released to the purchaser, unless the remote seller employs certain alternative protections to ensure age verification. The legislation requires every local school district in the state to adopt, implement, and enforce a written policy prohibiting at all times the use of any tobacco product or alternative nicotine product by any person in school buildings, in school facilities, on school campuses, and in or on any other school property owned or operated by the local school administrative unit. The policy also must prohibit the use of any tobacco product or alternative nicotine product by anyone attending an off-site school sponsored event when in the presence of students or school personnel.

The House amended, approved, and sent the Senate H.3849, a joint resolution to provide a GRACE PERIOD ON THE ENFORCEMENT OF THE NEW CIGARETTE STAMP TAX REQUIREMENTS, running through October 1, 2019, to afford sellers additional time to deplete their remaining inventories of unstamped packages of cigarettes.

The House amended, approved, and sent the Senate H.3595. 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.

The House approved and sent the Senate H.3035, a bill revising POLL WORKER QUALIFICATIONS to allow for a more expansive pool of eligible workers. The legislation allows someone who is registered as a voter in South Carolina to serve as a poll worker anywhere in the state, replacing more restrictive provisions that require poll workers to reside in the area where the primary or election is being held. The legislation implements recommendations from the House Legislative Oversight Committee’s review of the State Election Commission.

The House amended and gave second reading approval to H.3127, a joint resolution establishing a temporary MOLD ABATEMENT AND REMEDIATION STUDY COMMITTEE to examine the health effects of mold in South Carolina’s public buildings, with a focus on children in public schools, and to ascertain the best methods for mold abatement and the prevention of future growth. The study committee, comprised of three Senators appointed by the President of the Senate and three House Members appointed by the Speaker of the House, is charged with making a report to the General Assembly by December 31, 2019, at which time the study committee shall dissolve.

The House amended, approved, and sent the Senate H.3585, relating to INSURANCE LAW REVISIONS. The bill provides for various technical changes, updates, and clean-up provisions for the laws governing insurance and regulation by the Department of Insurance.

The House amended, approved, and sent the Senate H.3587, a bill addressing INSURER CORPORATE GOVERNANCE DISCLOSURES. In keeping with the guidelines of the National Association of Insurance Commissioners, the legislation establishes requirements for insurers and insurance groups to submit an annual disclosure to the Department of Insurance that summarizes their corporate governance structure, policies, and practices.

The House amended and gave second reading approval to H.3700, a bill revising beachfront management restrictions placed on erosion control structures or devices seaward of the setback line to allow for the placement of shoreline perpendicular WINGWALLS that extend landward at a 90 degree angle from the ends of existing erosion control structures or devices that are consistent in height with the existing erosion control structures to which they are attached, subject to any special conditions imposed by the Department of Health and Environmental Control.

The House amended, approved, and sent the Senate H.3698, legislation revising permit review by the Department of Health and Environmental Control under the STATE COASTAL MANAGEMENT PLAN. The legislation provides that, for individual navigable waters permits for docks located in the eight coastal counties but outside of critical areas, a coastal zone consistency certification is deemed approved if certification review is not completed within thirty days of an administratively complete application.

The House approved and sent the Senate H.3483, a bill that eliminates the sunset date of March 2021 for the provisions requiring CERTAIN COAL COMBUSTION RESIDUALS BE PLACED IN A CLASS 3 LANDFILL.

The House approved and sent the Senate H.3644, a bill that provides for a label requirement for AMERICAN INDIAN ART UTILIZING WILD TURKEY FEATHERS and certain other wild turkey parts. The legislation provides that the artist must affix a label to the product or provide accompanying documentation with the artist’s name and the following: “American Indian Art Resale of this Product in its Unaltered Original Condition is Lawful in South Carolina”.

The House approved S.228, legislation CREATING THE TRI COUNTY TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, and enrolled the bill for ratification.