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South Carolina Legislative Updates

SOUTH CAROLINA LEGISLATIVE REPORT FOR THE WEEK OF

May 8 – May 12, 2017

To the Legislative Committee:

The General Assembly adjourned Sine Die last Thursday, May 11th, The early May session-ending date is three weeks earlier than in previous years.  They will return in two weeks on May 23rd to wrap up work on the State’s 8 billion dollar budget, as well as several other items. During special session, legislators may take up:

▪  The budget, which House-Senate negotiators will decide on this week;

▪  Any vetoes that Gov. Henry McMaster issues on bills that legislators passed in the last week of the session;

▪  Any compromises reached by joint House-Senate committees trying to reconcile differing versions of bills passed by both bodies.

They will also work out some of the details on reforming the state’s pension system when they return. Also, they may need to come back again in June to address the Governor’s vetoes on the budget.

This session, the legislature passed two major bills - the gas tax hike and reform of the state’s pension system for its employees.  The gas tax hike is set to raise an estimated $633 million a year for roads by the 2027.  The bill also provides for several tax relief measures.

Although two major issues were passed during the shortened session, several big issues were left on the table. Those issues include loosening the concealed weapons permit laws and repealing the “Charleston loophole” by requiring a longer period for completion of a background check before sales of guns.  The legislature also did not pass bills dealing with the Supreme Court’s decision regarding poor school districts, the opioid crisis, or use of solar farms, although several bills were introduced and debated on these timely issues. 

MBAC had a very busy and successful session. We were at the table on several pieces of legislation which were debated in subcommittee and worked on behind the scenes. These included the C-PACE legislation and the WRAP legislation, which will both be back next year because any bill that did not pass this year will carry forward to next year. The C-PACE legislation passed the Senate but debate was adjourned in the House LCI subcommittee on May 10th. A subcommittee hearing was held on the WRAP bill on May 3rd where several changes were adopted consistent with suggestions made by MBAC. The bill will be back before the same Senate subcommittee next session, so that the subcommittee may review the changes.

Two bills of interest that passed the last week of session were S. 366 and S. 279. S. 279 was signed by the Governor on May 11th and S. 366 should be signed by the Governor any day.

S. 279: Sponsored by Senator Alexander. Enacts the “Appraisal Management Company Registration Act" to require registration for an entity acting as an appraisal management company, to specify registration and renewal requirements, to provide exemptions from registration, to provide for the conduct of appraisal management companies, and to provide remedies for violations. The bill would also amend the composition of the South Carolina Real Estate Appraisers Board, to provide for eight members to include one member representing an appraisal management company.

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/279.htm

 

S. 366: Sponsored by Senator Cromer. This omnibus bill would provide clean-up to several mortgage lending and mortgage broker statutory provisions, including testing requirements. Representatives from MBAC worked with the Department of Consumer Affairs and the Consumer Finance Division of the Board of Financial Institutions during the drafting of this bill.  The Act takes effect 120 days after signature by the Governor.

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/366.htm

 

 

 

 

SOUTH CAROLINA LEGISLATIVE REPORT FOR THE WEEK OF

May 1 – May 5, 2017

To the Legislative Committee:

The 2017 legislative session is winding to a close with Sine Die Adjournment to occur 3 weeks earlier than usual on May 11th. This year, the legislature took on pension reform, which passed earlier in the session and continued to work on a bill designed to help South Carolina’s roads. Hopefully, the conferees working on the roads’ bill will present a conference report to the House and Senate next week. A special session to deal with gubernatorial vetoes is likely.

 

This has been a busy year for MBAC. In addition to working behind the scenes on numerous issues affecting our industry. We have been at the table working on several bills that have made have hearings and moved through the General Assembly this session.

 

Last Wednesday, a subcommittee of the Senate Labor, Commerce, and Industry Subcommittee met to discuss S. 313, the Wind Resistance Assessment Program legislation (WRAP). After months of behind the scenes’ discussions, a strike and insert amendment to the bill was debated by the subcommittee. MBAC has been diligent in providing feedback to the proponents on all of the versions of the bill. Rhonda Marcum and Sharon Wilkinson testified at the subcommittee regarding concerns about the bill. At the conclusion of the meeting, it was agreed by the subcommittee that many of our concerns would be addressed and problematic provisions would be deleted from the bill. 

 

On Wednesday, May 10th, a subcommittee of the House Labor, Commerce, and Industry Committee will meet to discuss the C-PACE legislation which has already passed the Senate. MBAC will again testify regarding the lienholder provisions in the bill. The bill will carry forward to the 2018 legislative session.  

 

Other bills which on which the legislature took action last week:

 

S. 279: Sponsored by Senator Alexander. Enacts the “Appraisal Management Company Registration Act" to require registration for an entity acting as an appraisal management company, to specify registration and renewal requirements, to provide exemptions from registration, to provide for the conduct of appraisal management companies, and to provide remedies for violations. The bill would also amend the composition of the South Carolina Real Estate Appraisers Board, to provide for eight members to include one member representing an appraisal management company.

 

The bill received 2nd reading in the House on May, 4th and should receive 3rd reading on May 9th.  After 3rd reading, the bill will be sent to the Governor for his signature. 

 

S. 366: Sponsored by Senator Cromer. This omnibus bill would provide clean-up to several mortgage lending and mortgage broker statutory provisions, including testing requirements. Representatives from MBAC worked with the Department of Consumer Affairs and the Consumer Finance Division of the Board of Financial Institutions during the drafting of this bill. 

 

The bill received 2nd reading in the House on May, 4th and should receive 3rd reading on May 9th.  After 3rd reading, the bill will be sent to the Governor for his signature.  

 

SOUTH CAROLINA LEGISLATIVE REPORT FOR THE WEEKS OF

March 27 –April 7, 2017

To the Legislative Committee:

The House of Representatives and the Senate have been working toward the crossover deadline, which falls on April 10th , a non-session day, meaning April 6th , the final day of session this week, was the deadline. The crossover date is different this year because of an early Sine Die Adjournment to take place May 11, 2017.

 

Senate:

 

S. 261: On Wednesday, March 29, 2017, the C-PACE bill received 3rd reading in the Senate. On the 30th it received 1st reading in the House and was referred to the House Labor, Commerce, and Industry Committee. A subcommittee meeting has not been scheduled.

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/261.htm

 

 

House:

 

H. 3886: This HOA bill was adopted by the full House Labor, Commerce, and Industry Committee on March 13, 2017 but was placed on the House contested calendar on March 22, 2017. The bill was given 2nd reading on the 30th and received unanimous consent for 3rd reading on the 31st. The bill was given 1st reading in the Senate on April 4th and was referred to the Senate Judiciary Committee. A subcommittee comprised of Senators Hutto (ch), Johnson, Turner, and Gambrell have been appointed to study the bill.

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/3886.htm

 

SOUTH CAROLINA LEGISLATIVE REPORT FOR THE WEEKS OF

March 13 – March 24, 2017

To the Legislative Committee:

The House of Representatives passed the General Appropriations bill the week of March 13th. After finishing the budget, the House took off the rest of the week, returning last week to a full slate of committee meetings. Like the House, the Senate continues to work toward the crossover deadline, which falls on April 6th this year because of an early Sine Die Adjournment.

 

Senate:

 

S. 261: On Wednesday, March 22, 2017, the C-PACE bill received 2nd reading and should receive 3rd reading this week.

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/261.htm

 

S. 576: This bill, sponsored by Senators Rankin and Jackson, is the companion bill to the House HOA bill, H. 3886, which is currently on the House contested calendar.

 

The bill was introduced on March 22, 2017 and was referred to the Senate Judiciary Committee.

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/576.htm

 

 

House:

 

H. 3886: This HOA bill was adopted by the full House Labor, Commerce, and Industry Committee on March 13, 2017 but was placed on the House contested calendar on March 22, 2017. The bill remains on the contested calendar.

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/3886.htm

 

SOUTH CAROLINA LEGISLATIVE REPORT FOR THE WEEK OF

February 27 – March 3, 2017

To the Legislative Committee:

Last week, the legislature celebrated Clemson day at the Statehouse and recognized the National Champions. The budget was printed, and this coming week it will be provided to the House members.

 

Meetings this week:

 

S. 261: On Thursday, March 9, 2017, the Senate Labor, Commerce, and Industry Committee will meet to again debate the C-PACE bill which was carried over at the last meeting so that additional amendments could be drafted.

 

Senate Calendar:

 

S. 279: Enacts the “Appraisal Management Company Registration Act" to require registration for an entity acting as an appraisal management company, to specify registration and renewal requirements, to provide exemptions from registration, to provide for the conduct of appraisal management companies, and to provide remedies for violations. The bill would also amend the composition of the South Carolina Real Estate Appraisers Board, to provide for eight members to include one member representing an appraisal management company.

 

Senator Setzler continues to move to carry over the bill. The bill will be back up for second reading on March 7, 2017.

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/279.htm

 

S. 366: On Thursday, March 2, 2017, the Senate gave the Mortgage Lending Act clean-up bill second reading. The bill will be up for third reading in the Senate on March 7, 2017.

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/366.htm

 

 

 

Bills Introduced last week:

 

H. 3886: This bill, sponsored by Representative Crawford, Ryhal, and others, would add a chapter to the Code of Laws pertaining to Homeowners Associations.

 

The bill was introduced on 3/2//2017 and was referred to the House Labor, Commerce, and Industry Committee.

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/3886.htm

 

SOUTH CAROLINA LEGISLATIVE REPORT FOR THE WEEK OF

February 20 - 24, 2017

To the Legislative Committee:

Last week, the legislature again had a full week of subcommittee and committee meetings, including the Senate Judiciary and House Judiciary Committees, The Ways and Means Committee wrapped up the budget.

 

Meetings last week:

 

S. 366: On Wednesday, February 22, 2017, the Senate Banking and Insurance Committee met and passed the Mortgage Lending Act clean-up bill with no amendments. The bill will be on the Senate calendar the week of March 28th.

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/366.htm

 

S. 261: On Thursday, February 23, 2017, the Senate Labor, Commerce, and Industry Committee met and carried over the C-PACE bill while additional amendments are drafted. The Committee will meet again on March 9, 2017.

 

Senate Calendar:

 

S. 279: Enacts the “Appraisal Management Company Registration Act" to require registration for an entity acting as an appraisal management company, to specify registration and renewal requirements, to provide exemptions from registration, to provide for the conduct of appraisal management companies, and to provide remedies for violations. The bill would also amend the composition of the South Carolina Real Estate Appraisers Board, to provide for eight members to include one member representing an appraisal management company.

 

Senator Setzler continues to move to carry over the bill. The bill will be back up for second reading on February 28th.

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/279.htm

 

 

Bills Introduced last week:

 

H. 3816: This bill, sponsored by Representative Ballentine, is the House companion bill to S. 366, the Mortgage Lending clean-up bill.

 

The bill was introduced on 2/22/2017 and was referred to the House Labor, Commerce, and Industry Committee.

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/3816.htm

 

SOUTH CAROLINA LEGISLATIVE REPORT FOR THE WEEK OF

February 13 - 17, 2017

To the Legislative Committee:

Last week, the legislature again had a full week of subcommittee and committee meetings. The bills of interests to MBAC are highlighted below:

 

Meetings this week:

 

Wednesday, February 22, 2017:

The Senate Banking and Insurance Committee will meet at 11:00 to discuss a full agenda, including, the Mortgage Lending Act clean-up bill, S. 366, Last Wednesday, February 15, 2017, a subcommittee adopted the bill with no amendments.

http://www.scstatehouse.gov/sess122_2017-2018/bills/366.htm

 

Thursday, February 23, 2017:

The Senate Labor, Commerce, and Industry Committee will meet at 9:00. The C-PACE bill, S. 261, which was adopted by the subcommittee on Wednesday, February 15th will be on the agenda, Last Wednesday, the subcommittee adopted the bill with an amendment striking the provision which would allow a C-PACE project to be financed with revenue bonds issued by a governing body. The text of the amendment is as follows:

Section 6-39-90.    (A)    Clean energy improvements may be financed in the following manner:

(1)    with revenue bonds issued by the participating governing body or any other qualified issuer of revenue bonds, provided that such revenue bonds shall be secured solely by the assessments collected from properties when owners have voluntarily entered into assessment contracts and have undertaken clean energy improvement projects, and any other funds lawfully pledged as security;

(2)    with funds provided directly by a bank or other financial institution or lender pursuant to a contract between the owner, the governing body, and the lender setting forth terms for the repayment of such funds, and remedies in the event of a delinquency or default; or

(3)    with any other legally available funds.

http://www.scstatehouse.gov/sess122_2017-2018/bills/261.htm

Senate Calendar:

 

S. 279 Enacts the “Appraisal Management Company Registration Act" to require registration for an entity acting as an appraisal management company, to specify registration and renewal requirements, to provide exemptions from registration, to provide for the conduct of appraisal management companies, and to provide remedies for violations. The bill would also amend the composition of the South Carolina Real Estate Appraisers Board, to provide for eight members to include one member representing an appraisal management company.

On Thursday, February 16th, Senator Setzler moved to carry over the bill. The bill will be back up for second reading on February 21st.

http://www.scstatehouse.gov/sess122_2017-2018/bills/279.htm


 

 

SOUTH CAROLINA LEGISLATIVE REPORT FOR THE WEEK OF

February 6 - 10, 2017

To the Legislative Committee:

Last week, the legislature had a full week of subcommittee and committee meetings. President Pro Tempore Hugh Leatherman was honored with a portrait hanging in the Senate Chamber. The House Ways and Means Committee continues to work on the general appropriations bill.

Meetings this week:

A Senate Labor, Commerce, and Industry Subcommittee will meet on the C-PACE bill, S. 261, on Wednesday, February 15, 2017 at 9:30.

A Senate Banking and Insurance Subcommittee will meet on the Mortgage Lending Act clean-up bill, S. 366, on Wednesday, February 15, 2017 at 10:00.

Meetings last week:

S. 279 Enacts the “Appraisal Management Company Registration Act" to require registration for an entity acting as an appraisal management company, to specify registration and renewal requirements, to provide exemptions from registration, to provide for the conduct of appraisal management companies, and to provide remedies for violations. The bill would also amend the composition of the South Carolina Real Estate Appraisers Board, to provide for eight members to include one member representing an appraisal management company.

The full Senate Labor, Commerce, and Industry Committee’s met on Thursday, February 9, 2017 and adopted the bill. The bill will be up for second reading in the Senate on February 14, 2017

http://www.scstatehouse.gov/sess122_2017-2018/bills/279.htm

 

Bills introduced in the Senate last week:

S. 363: Sponsored by Senator Kimpson. The bill would provide for an increase in the deed recording fee by twenty cents. Ten cents of the increase would go to the South Carolina State Housing Finance and Development Authority and ten cents would go to local and regional housing trust funds for use toward affordable housing.

The bill was introduced on 2/7/17 and was referred to the Senate Finance Committee.

http://www.scstatehouse.gov/sess122_2017-2018/bills/363.htm

 

S. 363: Sponsored by Senator Cromer. This omnibus bill would provide clean-up to several mortgage lending and mortgage broker statutory provisions, including testing requirements. Representatives from MBAC worked with the Department of Consumer Affairs and the Consumer Finance Division of the Board of Financial Institutions during the drafting of this bill.  

The bill was introduced on 2/7/17 and was referred to the Senate Banking and Insurance Committee.

There will be a meeting of a subcommittee of the Senate Banking and Insurance Committee on Wednesday, February 15th at 10:00 to discuss the bill.

http://www.scstatehouse.gov/sess122_2017-2018/bills/366.htm

 

SOUTH CAROLINA LEGISLATIVE REPORT FOR THE WEEK OF

January 30 – February 3, 2017

To the Legislative Committee:

Last week, the legislature held judicial elections and elected several new circuit and family court judges, as well as a new Supreme Court justice, Buck James.

 

Meetings last week:

 

S. 279 Enacts the “Appraisal Management Company Registration Act" to require registration for an entity acting as an appraisal management company, to specify registration and renewal requirements, to provide exemptions from registration, to provide for the conduct of appraisal management companies, and to provide remedies for violations. The bill would also amend the composition of the South Carolina Real Estate Appraisers Board, to provide for eight members to include one member representing an appraisal management company.

 

A Senate Labor, Commerce, and Industry subcommittee, chaired by Senator Tom Davis, met on Wednesday, February 1, 2017 to discuss S.279. Several people testified on the bill and although there were a few areas of disagreement between the key stakeholders, the stakeholders agreed that the bill should move forward to the full committee while they work out their different positions on the bill.

 

The bill is on the agenda for the full Senate Labor, Commerce, and Industry Committee’s meeting which will take place on Thursday, February 9, 2017 at 9:00 in the Gressette Building.

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/279.htm

 

Bills introduced in the House last week:

 

H. 3647: Sponsored by Representative Sandifer, et al. This bill, relating to timeshare vacation rentals, would provide requirements for resale vacation timeshare services and providers of these services.

 

The bill was introduced on 2/2/17 and was referred to the House Labor, Commerce, and Industry Committee.

http://www.scstatehouse.gov/sess122_2017-2018/bills/3647.htm

 

 

 

 

SOUTH CAROLINA LEGISLATIVE REPORT FOR THE WEEK OF

January 23 - 27, 2017

To the Legislative Committee:

Last week, the legislature was back in full swing in both chambers and several subcommittee and committee meetings were held. Henry McMaster was sworn in as Governor, Kevin Bryant was sworn in as Lt. Governor, and Hugh Leatherman retained his position as Senate President Pro Tem. Judicial candidates were in the lobby gearing up for the upcoming judicial election.

 

Meetings this week:

 

A Senate Labor, Commerce, and Industry subcommittee, chaired by Senator Tom Davis, will meet on Wednesday, February 1, 2017 to discuss several bills, including S. 279 pertaining to appraisal regulations. The bill is summarized below.

 

Agenda for the subcommittee meeting:

http://www.scstatehouse.gov/agendas/122s1043.pdf

 

Bills introduced in the Senate last week:

S. 278: Sponsored by Senator Tom Alexander. This bill would provide uniform standards for formatting documents submitted to a clerk of court or register of deeds for recording, The bill would provide for a six-month grace period after which a nonconforming document may be accepted for recording but with the imposition of a nonrefundable “fine” of ten dollars to be deposited in the county general fund. A nonconforming document may also be refused for recording after the six-month grace period. There would be an exemption for documents filed electronically pursuant to the uniform real property electronic recording act.

The bill was introduced on 1/24/17 and was referred to the Senate Judiciary Committee,

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/278.htm

 

S. 279: Sponsored by Senator Tom Alexander. This bill would enact the "Appraisal Management Company Registration Act" to require registration for an entity acting as an appraisal management company, to specify registration and renewal requirements, to provide exemptions from registration, to provide for the conduct of appraisal management companies, and to provide remedies for violations. The bill would also amend the composition of the South Carolina Real Estate Appraisers Board, to provide for eight members to include one member representing an appraisal management company.

 

The bill was introduced on 1/24/17 and was referred to the Senate Labor, Commerce, and Industry Committee, There will be a subcommittee hearing on the bill on Wednesday, February 1, 2017.

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/279.htm

 

S. 313: Sponsored by Senator Tom Davis. The bill would allow a county to establish a windstorm protection and homeowners insurance program to assist a homeowner with the financial costs of qualified wind resistance improvements. The bill would establish options for financing, require certain notices be made, provide that a lien filed pursuant to this section is considered to be an ad valorem tax, and provide restrictions to an increase in property taxes.

 

The bill was introduced on 1/25/17 and was referred to the Senate Labor, Commerce, and Industry Committee,

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/313.htm

 

Bills introduced in the House last week:

 

H. 3570: Sponsored by Representatives Herbkersman, Erickson, and Newton. This bill would allow a county to establish a windstorm protection and homeowners insurance program to assist a homeowner with the financial costs of qualified wind resistance improvements. The bill would establish options for financing, require certain notices be made, provide that a lien filed pursuant to this section is considered to be an ad valorem tax, and provide restrictions to an increase in property taxes.

This is the companion bill to S. 313 introduced by Senator Tom Davis last week.

The bill was introduced on 1/25/17 and was referred to the House Ways and Means Committee.

 

http://www.scstatehouse.gov/sess122_2017-2018/bills/3570.htm