Bill Text: SC S0679 | 2017-2018 | 122nd General Assembly | Introduced
Bill Title: Licensing fees
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-02 - Referred to Committee on Finance [S0679 Detail]
Download: South_Carolina-2017-S0679-Introduced.html
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:
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:
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:
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.
