The Weekly Rewind: The Week of January 20th

*** This week’s Floor Actions of the SC House of Representatives, prepared by staff. Should you have any questions about my votes on these bills, or would like additional information, please contact my office at (803) 734-2969. **

S. 287 – Electronic Nicotine Delivery System

The House amended, and then returned to the Senate, S. 287, pending legislation to re-strict electronic nicotine delivery system [ENDS] sales in our state. These products will be defined as electronic delivery systems prefilled with a nicotine solution. This bill, among other things, would add other definitions, standards, responsibilities, and penalties that could be levied against violators into South Carolina’s state code. It is fo-cused on oversight of making and selling electronic nicotine delivery systems, including so-called VAPE pens.

VAPE pen makers would have to put their products in packaging that uses reasonable, commercially available technology to reduce the ability minors to open them; certify their products to our Attorney General and provide him with him all information show-ing their products are federally compliant; provide detailed, scannable information about who manufactured these products; identify any foreign makers involved in mak-ing or packaging their product; reveal manufacturing locations; require the Attorney General to prepare and maintain a directory of all of these makers, distributors, import-ers, wholesalers, or retailers; and make sellers use sales point technology that deter-mines any ID presented at purchase is a valid one. Sellers using this technology would be protected from liability in most cases for doing so. First-time makers will have to pay a $100 registration fee to offset costs of being listed for the first time, and a $50 annual renewal fee thereafter. Retail sellers will have to have valid South Carolina Retail Li-censes, and Business Tax Applications on file with the South Carolina Department of Revenue.

Most of this directory information –-other than proprietary information they have shared with the US Food and Drug Administration, which would be exempt from pub-lic disclosure– would be made publicly available. Packaged products could not incor-porate materials, references, or images of children’s toys, cartoons, cartoon characters, superheroes, television shows, video games, movies, or other such features when pack-aging their products. They also could not use candy, bubble gum, gummy bear, cake, cupcake, ice cream, or other such images on labels, or in other descriptions. Their label-ing would also have to include scannable features that would allow end users to scan and learn detailed information about these products for sale prior to purchasing them.

It also would incorporate, by reference, federal law and regulations when monitoring this industry and these products within the borders of our state. After February 1, 2027, they would be required to verify that their products are in full compliance with then-existing federal and state standards.

Violators would face civil penalties ranging from $500 to $3,000 for each occurrence, be considered engaging in deceptive trade practices and could be pursued accordingly, and have to reimburse our Attorney General for attorney fees and costs for conducting any investigation into these entities’ violative activities. The costs of seizing and de-stroying any noncompliant products would be borne by the manufacturer.

H. 3876 Collecting and Remitting Accommodations Taxes and Fees

The House approved and sent the Senate H. 3876, a bill revising provisions for collect-ing and remitting accommodations taxes and fees so that they are more effective in ad-dressing online platforms for property rentals. The legislation specifies the party re-sponsible for collecting and remitting taxes and fees imposed on accommodations in in-stances that involve not only a property owner but also intermediaries, such as online travel agencies and digital booking platforms, that arrange accommodations at the property. Requirements are included for accommodations intermediaries, accommoda-tions providers, and local governments imposing accommodations fees to make reports to the South Carolina Department of Revenue, and for SC DOR to publish annually the applicable tax rate, fees, and surcharges imposed on accommodations by the state or any local governing body.

H. 4189 Conforming Statutes to Restructure DHEC

H. 4189, was given third reading and sent to the Senate. The bill would provide for the conforming of statutes to address the restructuring of the former agency South Caro-lina Department of Health and Environmental Control provided by Act 60 of 2023. The bill also repeals various statutes related to the restructure of DHEC.

H 3969 Governor’s Veto Tabled

The Veto on H 3969 was taken up and subsequently tabled: H. 3969 was an Act to pro-vide for the operation of personal delivery devices in Richland County.

H. 4962 Robert Smalls Monument

H. 4962 a concurrent resolution to approve the proposed design and location for the Robert Smalls Monument, as required by Act 183 of 2024, which was approved by the state house committee was adopted and sent to the Senate.

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Source: https://nathansnews.com/2026/01/the-weekly-rewind-the-week-of-january-20th/