Capitol Report

By Rep. Robert Q. Williams
S.C. House District 62

The House has approved S.214, a bill addressing sales and use tax liability in light of a recent U.S. Supreme Court ruling regarding state tax collections on Internet retail sales, and has enrolled the legislation for ratification.

The legislation reaffirms state tax policy regarding market facilitators and other matters.

It makes explicit 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 House approved and sent the Senate to H.3807, the “Teen Skin Cancer Prevention Act.”

The legislation provides that an individual must be at least 18 to use tanning beds and other equipment that induces tanning through ultraviolet radiation in a tanning facility.

Tanning facilities are subject to requirements for posting signs to provide a notification of this minimum age for using all tanning equipment.

A tanning facility that allows a minor to use tanning equipment in violation of these provisions is subject to a $500 civil penalty assessed by the Department of Health and Environmental Control. DHEC may deny, suspend, or revoke a tanning facility’s registration for repeated violations.

The House also amended and gave second reading approval to H.3307, a bill making provisions for a searchable online database on property that is seized by law enforcement and forfeited.

The legislation charges the Prosecution Coordination Commission with establishing and maintaining a case tracking system and searchable public website that provides information about property seized by a law enforcement agency and forfeited under state law or under any agreement with the federal government.

The House amended, approved, and sent the Senate H.3951, a bill revising qualifications for sheriff and candidates for the office of sheriff.

The legislation provides that law enforcement experience requirements are satisfied exclusively through South Carolina Class I Certification.

Incumbent sheriffs are exempt from these Class I Certification provisions. The legislation also allows someone to be eligible to serve as sheriff who has obtained a law degree and, within six months of being elected, obtains his or her certification as a Class I certified law enforcement officer.

The legislation disqualifies someone from holding the office who has been convicted of, pled guilty to, or been pardoned for a felony or a crime of moral turpitude in this state or another state.

In order to be eligible to serve as a sheriff, an individual must be a legal resident of the state for at least one year immediately preceding the date of the election for sheriff and must be a legal resident of the county in which he seeks the office of sheriff at the time he files for office.

The House also approved and sent the Senate H.3079, a bill establishing an additional method of posting notice of trespassing on a property.

As an alternative to the posting of “No Trespassing” signs, the legislation establishes a procedure that allows trespassing notice to be posted on tracts of land by marking immovable, permanent objects along the boundary lines with purple paint.

The House amended, approved, and sent the Senate H.3800, a bill that waives the certification of completion requirement for a hunting license if a person purchases an apprentice hunting license.

The legislation is offered as a means of extending the opportunity for a person to try out hunting prior to purchasing a hunting license. The legislation also provides that a nonresident who meets the qualifications as an apprentice hunter must purchase a three-day temporary statewide apprentice hunting license for $50.

Author: Rachel Howell

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