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(Use links to see full text of each bill)
(Similar to H.4011)
Senator Greg Hembree to remove the automatic stay provision from statute. Under current law, construction projects that have received the proper approvals and permits can be automatically stopped in order for individuals or groups to appeal those same permits. This typically happens with projects that involve wetland mitigation and can force developers to pay more in mitigation fees than required by the formula determined by the US Army Corps of Engineers and SC DHEC. This legislation would remove the automatic stay provision and allow construction to continue while any appeals are heard. This bill was amended and approved in the Judiciary Committee. It now goes to the Senate floor for further consideration.
Senator Paul Campbell introduced a bill aimed at increasing the open competition for bidding in water and sewer projects. This legislation could result in potential savings for local governments by allowing them to consider more cost effective materials to be used in these projects. This bill was referred to the Senate Finance Committee.
(Similar to H.3797)
Senator Sean Bennett introduced legislation to remove the portion of Dorchester County above the critical line from Coastal Zone. This would significantly reduce the mitigation costs for economic development projects, and could lead to increased growth in Dorchester County. This bill was referred to the Senate Agriculture and Natural Resources Committee.
Representative Rick Quinn, along with Reps. Merrill, Rivers, and Atwater, introduced H.3490. As we have mentioned before, this is one of the HBASC's top priorities this session. The bill was introduced with 18 co-sponsors (Reps. Kennedy, Erickson, Tallon, Loftis, Taylor, Putnam, Goldfinch, Ballentine, Bedingfield, Finlay, Forrester, Hamilton, Herbkersman, Hicks, Huggins, Sandifer and Toole) representing all parts of the state. We are very appreciative to Rep. Quinn and all of the co-sponsors for their passion on this issue which would lower the tax burden local government places on businesses.
As introduced, this legislation would create a centralized collection system under the SC Department of Revenue, and bring South Carolina into the 21st century by allowing online payment of these fees. Additionally, the bill would change the payment structure from its current form. Businesses would be required to pay the business license fee only in the jurisdiction where the company's state income tax return is address, and the fee is capped at $100 per business. This would be a huge relief to businesses operating in multiple jurisdictions while also improving the ease of compliance. The bill was referred to the House Ways and Means Committee.
Representative Kirkman Finaly filed this bill aimed at curbing patent trolling in South Carolina. Many HBAs across the country are experiencing issues with "patent trolls" falsely claiming to hold a patent on common construction practices. In many cases, a builder receives a letter claiming that a particular building method is infringing on a patent and unless the builder pays a license fee they will be sued by the "patent troll." Most often, the builder will pay the license fee rather than go to court even though the patent claims are fabricated. This bill is supported by a number of trade associations, including the SC Bankers, SC Realtors, and the HBASC. The bill was approved by 87- 0 vote in the House Judiciary Committee, and is now in the Senate Judiciary Committee.
Representative Samuel Rivers introduced a bill to provide additional opportunities for students interested in pursuing a career in the construction industry. The legislation would allow collaboration amongst high schools, technical schools, and 4-year institutions. It would also create curriculum and strategies to enhance learning and skill building. The bill was referred to the House Education and Public Works Committee.
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