View From the Dome: McMaster Signs Bills for Conformity, Business License Tax Standardization into Law

Friday, Oct. 2, 2020

Gov. Henry McMaster signed a number of bills into law that were passed and ratified by the General Assembly. The General Assembly does not currently have plans to return this year.

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BILL ACTION

Gov. McMaster signed the following bills into law this week:

ENERGY

Act 184 – H.4940 This Joint Resolution establishes the Electricity Market Reform Measures Study Committee. The committee would study redesigning rate structures and alternative energy plans, including the restructuring of existing electric transmission service, or joining an existing or creating a new regional transmission organization (RTO) that may require changes to state law as well as federal authorization. This joint resolution takes effect upon approval by the governor and is contingent upon appropriations by the General Assembly.

GENERAL BUSINESS

Act 180 – H.4431, business license tax standardization. A high priority for the business community for a number of years, the new law includes:

Standardized filing for taxpayers
Online payment portal to pay all business taxes in one place
Creates uniform appeals process before the Administrative Law Court
Clarifies definition of gross income
Prohibits jurisdiction from sharing private data
Businesses not wanting to utilize the portal may still file in person, by phone or mail

This act took effect upon approval by the Governor.

TAX

Act 155 – S.545, the Internal Revenue Code conformity. The bill also includes provisions related to assessing property of businesses and other entities and requires all counties to use the DOR-approved PT-100 form for filing business personal property assessments. The bill was amended by the House to forgive and exclude gross income from the federal Paycheck Protection Program (PPP) for federal and state income tax purposes. Further, to the extent the federal government allows the deduction of expenses associated with the forgiven PPP loans, these expenses will be allowed as a deduction for South Carolina income tax purposes. The bill does not conform to one provision relating to a temporary suspension on limitations to charitable contributions associated with qualified disaster relief, which can be revisited in January. The act took effect upon approval by the Governor.

TELECOMMUNICATIONS

Act 176 – H.3780, creating the “Growing Rural Economies with Access to Technology (GREAT) Program” to facilitate the deployment of broadband service to unserved areas of the state. The bill incentivizes providers to build and deploy quickly. It is estimated that approximately 190,000 homes in South Carolina do not have broadband service. The Office of Regulatory Staff (ORS) is vested with the authority to ascertain the compliance of communications service providers, electric cooperatives and broadband affiliates. The act took effect upon approval by the Governor.

Act 190 – H.4262, which enacts the “South Carolina Small Wireless Facilities Deployment Act.” The bill deals with the deployment of small cell and wireless facilities and other next-generation (5G) wireless. The bill establishes uniform rates and fees for the permitting and deployment of small wireless facilities in the right-of-way and on authority infrastructure, including poles, throughout the State. The act took effect upon approval by the Governor.

CARES ACT AUTHORIZATION

Last Friday, Gov. McMaster signed into law H.3210, Phase II authorization of the remaining funds from the federal CARES Act. The plan includes:

$420 million – Unemployment Insurance Trust Fund
$115 million – Local governments and colleges mitigation
$73 million – DHEC statewide testing and monitoring
$20 million – MUSC statewide testing
$25 million – Grant program for non-profits (food, rent, housing, utilities, mental health, behavioral health, arts and culture grants from $2,500-$50,000)
$40 million – Minority Relief Grant Program funding

The act took effect upon approval by the Governor.

CORONAVIRUS

To view all of the governor’s previous Executive Orders, click here.

For more information from SC DHEC on the virus, click here.

The DHEC Care Line is available to provide general information about COVID-19 by calling 1-855-472-3432 from 8 a.m.-6 p.m., seven days per week.

COVID-19 Screening & Testing Sites

SINE DIE RESOLUTION

The General Assembly’s Sine Die Resolution, S.1194, allows them to continue past the mandatory May 14 Sine Die deadline to complete unfinished business if necessary.

Each House will stand adjourned to meet at the call of the President Pro Tem of the Senate and the Speaker of the House of Representatives. Unless the session is otherwise adjourned Sine Die at an earlier date, the 2020 session of the General Assembly shall stand adjourned Sine Die not later than 11:59 p.m. on Sunday, Nov. 8.