Several Important Small Business Bills on Hold Until January

Date: June 08, 2015

The first year of the South Carolina legislature’s two-year session ended on June 4.

It was a very busy year with issues in which the NFIB was involved. From road funding to unemployment insurance changes to health-insurance mandates, we had a very active presence at the Statehouse.

H.3579, the main infrastructure bill, stalled on the Senate floor after three weeks of filibustering. We maintained our anti-tax stance and ended in a good position as the bills failed to advance. Highlights of each plan are below. STATUS: On the Senate calendar.
House Plan
•The House plan would have generated 427 million annually to be devoted to road and bridge maintenance and projects.  
•The funds would have been raised by a 10 cent gas increase and raising the cap on cars to $500.  
•They would also have an income tax cut which would be about $50 a year for the average taxpayer.  
Senate Plan
•The Senate plan would have generated 800 million annually to be devoted to road and bridge maintenance and projects.  
•The funds would have been raised by a 12 cent gas increase, raising the cap on cars to $600, increasing fees on driver’s license to $50, a $60 fee on all hybrid vehicles and $120 on all electric vehicles and finally a two year vehicle registration for residents over 66 going to $40.
•No cuts would be included
H.3490 (business license fees): NFIB was at the forefront of a coalition of business groups pushing for reform of the business license fee system in SC.  We have made good inroads with the Municipal association and are quite hopeful we can push reform next session.  This bill establishes new criteria limiting the authority of counties and municipalities to impose business license taxes. The legislation revises provisions relating to the imposition of a business license tax, so as to require: that the tax not exceed one hundred dollars; that the tax be applied uniformly; that a person is only subject to one business license tax; that the Department of Revenue collect the tax; the tax is due on July first of each year; and, that the tax must be payable online. Any local governing body that imposes the tax must issue a report to the General Assembly detailing the amount it collected and the manner in which the funds were expended. Status: in House committee.
H.3266 (trespassing): This legislation codifies common law provisions relating to trespassers under which a possessor of land owes no duty to a trespasser except to refrain from causing a willful or wanton injury. The legislation includes certain protections that relate only to child trespassers and those with diminished mental capacity. The legislation does not affect any immunities from or defenses to civil liability established by another section of the South Carolina Code of Laws or available at common law to which a possessor of land may be entitled.  In a nutshell it gives the land owners some added protections. Status: adopted by both the House and Senate.

H.3701 (General Appropriations Act): The bill along with 3702 (Capital Reserve Fund bill) and 4230 (Supplemental Appropriations bill) are the prime source of funding for state government for FY 15-16. Currently 3701 is in conference committee with Representatives, White, Pitts and Clyburn serving alongside Senators Leatherman, Setzler, and Peeler. H3702 is currently in the Senate on the Calendar and 4230 is in the House. 4230 could be held over until next year where the dollars could then be spent. 3701 contains roughly $7.5 billion in spending, 3702 has $125 million in projects and the supplemental has the ability to allocate another $425 million. Status: Various places on the calendar.

S.135 (health-insurance mandates): The legislation revises the provisions that require health insurers to provide coverage for autism spectrum disorder. It has the potential to have a massive financial impact on both business and the State with the bulk being levied on small business. For the last month of session, NFIB, along with BlueCross BlueShield, was able to keep the bill in a House Committee until we can better understand the costs. The bill will be taken up in January.

S.490 (Small Business Regulatory Review Committee): Housed at the Department of Commerce, the review committee looks at all new regulations effecting small business in the state.  It has been ten years since the committee was formed and some general cleanup was needed.  NFIB members currently make up over half of the committee members. Status: in House committee.

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