South Carolina General Assembly
122nd Session, 2017-2018

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Indicates Matter Stricken
Indicates New Matter

S. 679

STATUS INFORMATION

General Bill
Sponsors: Senator Talley
Document Path: l:\s-res\sft\016lice.dmr.sft.docx

Introduced in the Senate on May 2, 2017
Currently residing in the Senate Committee on Finance

Summary: Licensing fees

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    5/2/2017  Senate  Introduced and read first time (Senate Journal-page 13)
    5/2/2017  Senate  Referred to Committee on Finance (Senate Journal-page 13)

View the latest legislative information at the website

VERSIONS OF THIS BILL

5/2/2017

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND CHAPTER 1, TITLE 1 OF THE 1976 CODE, RELATING TO THE ADMINISTRATION OF THE GOVERNMENT, BY ADDING ARTICLE 26, TO PROVIDE THAT, BEGINNING ON JULY 1, 2018, A STATE AGENCY MAY NOT IMPOSE ANY NEW LICENSING FEE ON BUSINESSES WITHIN ITS JURISDICTION, TO PROVIDE THAT A STATE AGENCY THAT VIOLATES THIS SECTION IS BARRED FROM IMPOSING LICENSING FEES ON BUSINESSES WITHIN ITS JURISDICTION, TO PROVIDE THAT A STATE AGENCY MAY NOT IMPOSE ANY REGULATION ON A PROFESSION OR OCCUPATION BEYOND THOSE PROVIDED IN TITLE 40 OF THE 1976 CODE, AND TO PROVIDE EXEMPTIONS; TO AMEND TITLE 4 OF THE 1976 CODE, RELATING TO COUNTIES, BY ADDING CHAPTER 2 TO PROVIDE THAT, BEGINNING ON JULY 1, 2018, A COUNTY MAY NOT IMPOSE ANY NEW LICENSING FEE ON BUSINESSES WITHIN ITS JURISDICTION, TO PROVIDE THAT A COUNTY THAT VIOLATES THIS SECTION IS BARRED FROM IMPOSING LICENSING FEES ON BUSINESSES WITHIN ITS JURISDICTION, TO PROVIDE THAT A COUNTY MAY NOT IMPOSE ANY REGULATION ON A PROFESSION OR OCCUPATION BEYOND THOSE PROVIDED IN TITLE 40 OF THE 1976 CODE, AND TO PROVIDE EXEMPTIONS; AND TO AMEND CHAPTER 1, TITLE 6 OF THE 1976 CODE, RELATING TO MUNICIPAL CORPORATIONS, BY ADDING ARTICLE 10, TO PROVIDE THAT, BEGINNING ON JULY 1, 2018, A MUNICIPAL CORPORATION MAY NOT IMPOSE ANY NEW LICENSING FEE ON BUSINESSES WITHIN ITS JURISDICTION, TO PROVIDE THAT A MUNICIPAL CORPORATION THAT VIOLATES THIS SECTION IS BARRED FROM IMPOSING LICENSING FEES ON BUSINESSES WITHIN ITS JURISDICTION, TO PROVIDE THAT A MUNICIPAL CORPORATION MAY NOT IMPOSE ANY REGULATION ON A PROFESSION OR OCCUPATION BEYOND THOSE PROVIDED IN TITLE 40 OF THE 1976 CODE, AND TO PROVIDE EXEMPTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 1, Title 1 of the 1976 Code is amended by adding:

"ARTICLE 26

Licensing Fees Imposed on Occupations

Section 1-1-1710.    (A)    Beginning on July 1, 2018, a state agency may not impose a new licensing fee on businesses within its jurisdiction.

(B)    Beginning on July 1, 2018, a state agency that violates this section is barred from imposing licensing fees on businesses within its jurisdiction.

(C)    Nothing contained in this section prohibits a state agency from collecting licensing fees that are imposed prior to July 1, 2018.

Section 1-1-1720.    (A)    A licensing fee imposed by a state agency prior to July 1, 2018 shall not exceed twenty-five dollars.

(B)    The following are exempt from paying a licensing fee imposed by a state agency:

(1)    enlisted or retired members of the military forces;

(2)    low income individuals whose household adjusted gross income is below one hundred thirty percent of the federal poverty line; and

(3)    individuals enrolled in a state or federal public assistance program, including, but not limited to, Temporary Assistance for Needy Families, Medicaid, or Supplemental Nutrition Assistance Program.

Section 1-1-1730.    A state agency may not impose any regulation on a profession or occupation beyond those provided in Title 40 of the 1976 Code."

SECTION    2.    Title 4 of the 1976 Code is amended by adding:

"CHAPTER 2

Licensing Fees Imposed for Professions and Occupations

Section 4-2-110.    (A)    Beginning on July 1, 2018, a county may not impose a new licensing fee on businesses within its jurisdiction.

(B)    Beginning on July 1, 2018, a county that violates this section is barred from imposing licensing fees on businesses within its jurisdiction.

(C)    Nothing contained in this section prohibits a county from continuing to collect licensing fees that are imposed pursuant to Section 4-9-30(12) prior to July 1, 2018.

Section 4-2-120.    (A)    A licensing fee imposed by a county prior to July 1, 2018 shall not exceed twenty-five dollars.

(B)    The following are exempt from paying licensing or other regulatory fees imposed by a county:

(1)    enlisted or retired members of the military forces;

(2)    low income individuals whose household adjusted gross income is below one hundred thirty percent of the federal poverty line; and

(3)    individuals enrolled in a state or federal public assistance program, including, but not limited to, Temporary Assistance for Needy Families, Medicaid, or Supplemental Nutrition Assistance Program.

Section 4-2-130.    A county may not impose any regulation on a profession or occupation beyond those provided in Title 40 of the 1976 Code."

SECTION    3.    Chapter 1, Title 6 of the 1976 Code is amended by adding:

"ARTICLE 10

Licensing Fees Imposed for Professions and Occupations

Section 6-1-3010.    (A)    Beginning on July 1, 2018, a municipal corporation may not impose a new licensing fee on businesses within its jurisdiction.

(B)    Beginning on July 1, 2018, a municipal corporation that violates this section is barred from imposing licensing fees on businesses within its jurisdiction.

(C)    Nothing contained in this section prohibits a municipal corporation from collecting licensing fees that are imposed prior to July 1, 2018.

Section 6-1-3020.    (A)    A licensing fee imposed by a municipal corporation prior to July 1, 2018 shall not exceed twenty-five dollars.

(B)    The following are exempt from paying licensing or other regulatory fees imposed by a municipal corporation:

(1)    enlisted or retired members of the military forces;

(2)    low income individuals whose household adjusted gross income is below one hundred thirty percent of the federal poverty line; and

(3)    individuals enrolled in a state or federal public assistance program, including, but not limited to, Temporary Assistance for Needy Families, Medicaid, or Supplemental Nutrition Assistance Program.

Section 6-1-3030.    A municipal corporation may not impose any regulation on a profession or occupation beyond those provided in Title 40 of the 1976 Code."

SECTION    4.    This act takes effect upon approval by the Governor.

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