Issue 3-04
January 30, 2004

There are numerous House members who took part in the debate and took the podium to speak against H. 3649. Some of the more visible opponents of the bill on Wednesday were: Skipper Perry, Walt McLeod, Eldridge Emory, Herb Kirsh, Thayer Rivers, Leon Howard, Grady Brown, Don Smith, Bill Clyburn, and B.R. Skelton. Obviously there were many more, but these individuals took to the floor to defend local government and majority rule.

ACTION REQUEST: Please take the time to thank the members listed above in particular and any of the other members you may have spoken with about H. 3649

H. 4354 changes the comprehensive plan, which is a required to adopt prior to any land use planning ordinance. The changes are: (1) requiring coordination with all adjacent jurisdictions and agencies, including "public service districts, school districts, public and private utilities, and transportation agencies" (2) designation of priority investment areas designed to establish through coordination with others where the facilities and state or federal funding should be directed based upon "incentive market-based principles" and (3) a much more thorough transportation element.

The meeting lasted only an hour and there were several significant amendments to the bill. There are still significant questions about the effect of this legislation: what "coordination" with other agencies means; does designation of priority investment areas in your comp plan allow the state or federal government to refuse to allow the use of grant or loans in "non" priority investment zones, what is an "incentive market-based principle" for purposes of creating a comp plan. If you have concerns about H. 4354, you should communicate them directly to the members of the House Judiciary Committee before their Tuesday meeting.

SCAC has discovered that the number of tickets issued and convictions have dropped by 100,000 per year for the last few years. The number of convictions from Highway Patrol tickets are down 41% in the past two years. Additionally, the BEA estimate of $18,400,000 in new revenue from the $25 surcharge was based on data received from DPS and Court Administration that there would be 920,000 tickets with convictions for misdemeanor traffic offenses and non-traffic violations in FY 2003-04. It seems unlikely that the actual number of convictions will be anywhere near this projection.

This issue has come up in both the Criminal Justice budget subcommittee and the Transportation budget subcommittee. The members of the Criminal Justice budget subcommittee are Reps. Chip Limehouse, Chairman; Jim McGee and Gilda Cobb-Hunter. The members of the Transportation budget subcommittee are Reps. Annette Young, Chairman; Ken Kennedy, and DeWitt McCraw.

ACTION REQUEST: Please contact these members of the Ways & Means Committee and explain that county governments are not responsible for the perceived "shortfalls" in these assessments and surcharges. Additionally, point out that county governing bodies have little to no control over the persons responsible for remitting these monies to the state treasurer.

OTHER PROVISOS OF INTEREST:

• DJJ juvenile per diem increase. DJJ has requested that the $25 per diem paid by local governments for housing juveniles be increased to $100. The subcommittee discussed increasing the per diem to $65. DJJ suggested that the increase in per diem could be used to make up their revenue shortfall this year, and could be utilized to build new facilities in future years. DJJ also requested a $25 per day penalty be charged to entities who have a juvenile in a facility awaiting trial for more than 45 days. The subcommittee carried over these provisos.

• Surcharge on all surety bonds. The Indigent Defense Commission has requested a $15 surcharge on all surety bonds issued. The monies would be directed to Indigent Defense. The Criminal Justice subcommittee has adopted this proviso.

• Increase in State Health Plan contribution rate. The Legislative, Executive, and Tourism budget subcommittee heard testimony this week that in order to meet a zero reserve target for the State Health Plan the contribution rate would need an estimated 14% increase. This rate increase would be effective January 1, 2005. A 1 ½ month reserve target would require a 26.5% increase in the contribution rate.

B. Uniform Voting Machines - H. 3777. The House asked that H. 3777 be recalled from the Senate. When asked why during the discussion, Rep. Harrison said it was to adopt the Senate version of the bill. However, it is unclear whether H. 3777 has been returned to the House at this time.

C. Hog Bill - H. 3555. "We do not need 46 DHECs"is the cry of the State Chamber and others trying to breath life into the Hog Bill. The truth is that county government does not issue environmental permits, it does not develop and enforce environmental standards, it does not do any environmental testing nor does it duplicate any of the duties of DHEC. All the counties want to do is respond to local resident land use concerns, including set back standards, based on topography and growth patterns unique to their county. The 46 DHECs argument also ignores the fact that the version of the bill supported by the Chamber would prohibit regulation of any activity already regulated by the State, not just hog farms.

D. Skateboard Park Immunity - H. 3658. This bill would provide clear immunity from liability for public skateboard parks and other hazardous activities. After several questions were raised, H. 3658 was recommitted to subcommittee during the House Judiciary Committee meeting.

E. Historic Structure Rehabilitation Incentives - S. 277. This legislation would decrease the involvement of State Archives & History in this program and would broaden the scope and size of the property tax credits available through this program. S. 277 was given a favorable report with amendment by a Senate Finance subcommittee.

F. DNA Samples from Felons - H. 3594. This bill would roughly double the number of inmates required to provide DNA samples upon conviction. H. 3594 was given a favorable report by the House Judiciary Committee and is pending second reading in the House.

The Mid-Year Conference will be held on Wednesday, March 17. The program will provide a briefing on legislation affecting county government before the General Assembly and give county and state officials an opportunity to discuss those issues. Highlights of the program include guest speakers from the statehouse. Now is the time to start arranging meetings with members of your delegation. SCAC will also host the General Assembly at a reception Wednesday evening, March 17^th at Embassy Suites Hotel.

The Institute of Government classes will be held on Tuesday, March 16. These informational courses are open to all county officials. For information, call SCAC at 1 (800) 922 - 6081 or check the web at www.sccounties.org.

Newly-Introduced Legislation

House Bills

H. 4474 - Provides a property tax exemption for the surviving spouse of a firefighter killed in the line of duty.

H. 4625 - Permits the imposition of assessments to defray the costs of water distribution lines.

H. 4633 - Permits a county to take certain actions to remove abandoned or derelict watercrafts from its waters.

H. 4635 - Permits counties to invest funds, in addition to funds obtained only from the issuance of debt, in certain mutual funds.

H. 4636 - Permits a county with a council-manager form of government to delegate investment authority to the county treasurer.

H. 4637 - Makes it a trade practice violation for a county to require a contractor to carry certain insurance before a bid can be made.

H. 4642 - Makes the 3^rd Friday of each September "POW/MIA Day".

H. 4644 - The Annual Tax Code Adjustment Bill.

H. 4649 - Provides that any investigation that occurs as a result of a collision involving a police vehicle must include a field investigation to identify possible witnesses.

H. 4652 - Provides that a person issued a uniform parking violations ticket for a parking space violation be assessed two points against his driving record.

S. 863 - Prevents a person from voting in a partisan election unless he is a registered member of that party.

S. 883 - Requires DOC to develop policies, procedures, and guidelines to allow certain prisoners to receive a reduction in their sentence and to revise the maximum amount of time that may be reduced from a sentence.

S. 884 - Permits members of the SC and Police Retirement Systems to revoke their retirement allowance option and elect another option during the period of September 1, 2004 through October 31, 2004.

S. 885 - Provides that the fair market value of a motor vehicle for tax purposes must be based on the lower of the manufacturer’s suggested retail price of the vehicle, the value published in DOR’s guide, or the actual price paid by the owner.

S. 889 - Increases the civil jurisdiction of magistrates courts to $15,000.

Issue 2-04
January 23, 2004

The 2/3 vote requirement is particularly onerous in a small group such as a 5 or 7 member council, where any increase in a tax or fee would require 4 or 5 affirmative votes to adopt. The bill does not make any allowance for counties where the council chairman votes only to break a tie. Therefore, in a body of 7, it would take 5 of the 6 members eligible to vote. This gives a group of 2 or 3 a veto over routine matters or the ability to demand additional spending which was not supported by the majority of the council on a straight up or down vote.

During the Ways & Means subcommittee and committee debate, there was a substantial question as to whether the bill applied to school districts because of the technical language used in H. 3649. The School Boards Association has taken no active role in opposing this legislation and their staff has indicated that they do not believe it applies to schools. This is a curious result when the school millage is what is driving the great majority of large property tax increases across the state.

This 2/3 vote requirement would supercede the positive majority vote requirement that was part of the compromise reached with the General Assembly in 1997.

ACTION REQUEST: Contact your House member. Explain the effects of this bill on local governing bodies and ask them to vote against H. 3649 next week. Please also relay the result of any contact you make to SCAC staff.

H. 3612 is being touted as property tax relief for school taxpayers, although it does nothing to address the single most significant cause of property tax increases - the statutory millage increase drivers imbedded in the EFA & EIA school funding formulas. There is no limit on school bond millage levies if the local option sales tax is adopted for a school district. So this is really nothing more than an additional tax source - not a replacement or overall reform of school revenue structures. H. 3612 is another piecemeal change to a school funding system which needs a comprehensive review.

ACTION REQUEST: Contact your House member. Explain the effects of this bill and ask them to vote against H. 3612 next week. Please also relay the result of any contact you make to SCAC staff.

The Department of Public Safety (DPS) has requested that a proviso be put into the budget to enforce the timely collection of court fines and assessments by withholding Aid to Subdivisions from a city or county which is found to be delinquent. If the State Auditor informs a local jurisdiction that it is delinquent, it has 90 days to submit the assessment to the State Treasurer or a portion equal to the amount allegedly owed will be deducted from a county’s Aid to Subdivisions money. There is no review or appeal of any allegation of delinquency. The proviso also strips each county of the $1000 allowance from fine revenue to defray the cost of supplemental audits on court revenue and directs that money to the State Auditor. Other agencies are likely to push for approval of this proviso.

Despite the claims of these agencies, these "shortfalls" are mainly caused by things county government has little to no control over. It appears as though the assessments and $25 surcharge are actually lower because:

• The number of tickets being issued are down. Preliminary indications are that the number of guilty verdict for tickets issued by the Highway Patrol have gone down by 41% over the last two years. SCAC pointed out last year that the revenues from the $25 surcharge would not meet projections because the number of troopers have declined. The number of local law enforcement officers has also declined as a result of national guard and reserve deployments. Although the agencies dismiss these facts, it appears clear that the largest share of the shortfall in assessment money is a result of a decline in the number of traffic tickets issued.

• County, municipal and court officials in charge of collecting and remitting money to the state treasurer were not given training regarding the new legislation until after the legislation’s effective date. It is difficult at best to administer these fines and assessments, but it is nearly impossible to do so when the instruction memo interpreting the new statutes is issued after the effective date of the new laws.

• Very little training was offered. In addition to being offered after the effective date of the new surcharges and assessments, the training opportunities were very limited. When the victim services surcharges were first enacted, there were numerous training sessions and it still took nearly two years for revenues to reach projections. All agencies which have testified have acknowledged that the revenues for assessments and fines, as well as the $25 surcharge have increased with each month.

• County governments have no control over magistrates which are responsible for the collection and reporting of the largest share of this money. The Chief Justice of the Supreme Court is responsible for the administration of the Magistrates Court system. If magistrates are late or inaccurate with revenues, there is nothing the county can do to compel corrective steps.

OTHER PROVISOS OF INTEREST:

• DJJ juvenile per diem increase. DJJ has requested that the $25 per diem paid by local governments for housing juveniles be increased. The subcommittee discussed increasing the per diem to $65. DJJ suggested that the increase in per diem could be used to make up their revenue shortfall this year, and could be utilized to build new facilities in future years. DJJ also requested a penalty be charged to entities who have a juvenile in a facility awaiting trial for more than 45 days.

• Surcharge on all surety bonds. The Indigent Defense Commission has requested a $15 surcharge on all surety bonds issued. The monies would be directed to Indigent Defense.

The members of the Criminal Justice budget subcommittee are Reps. Chip Limehouse, Chairman; Jim McGee and Gilda Cobb-Hunter. The members of the Transportation budget subcommittee are Reps. Annette Young, Chairman; Ken Kennedy, and DeWitt McCraw.

ACTION REQUEST: Please contact the members of the Ways & Means Committee on the attached roster and explain that county governments are not responsible for the perceived "shortfalls" in these assessments and surcharges. Additionally, point out that county governing bodies have little to no control over the persons responsible for remitting these monies to the state treasurer.

B. Voter Registration Applications - S. 763. This bill would delete the requirement that social security numbers be placed on voter registration applications. A Judiciary Committee amendment adopted Thursday requires the number be furnished but prohibits disclosure. S. 763 was given second reading in the Senate on Thursday.

C. Straight Party Voting - S.790. This legislation provides for straight party voting for all offices including president for voting machines and optical scan devices. S. 790, with the Senate Judiciary Committee amendment, is pending consideration and second reading in the full Senate.

D. Camera Red Light Enforcement - S. 794. A Senate Transportation subcommittee gave a favorable report to this proposal to authorize the use of cameras to enforce red traffic lights. The proposal makes the penalty no more than $100.00 and involves no points on the driver’s license.

E. Boat Property Taxes - S. 664. A Senate Finance subcommittee adjourned debate on this proposal to cap the property tax bill on a boat at $5,000.00. A second part of this bill would authorize the county to set the property tax assessment ratio not lower than 2%. SCAC staff appeared and questioned the inclusion of the cap and requested a change in the rules as to how a boat is determined to be taxable in South Carolina.

F. Bounty on Driving Under Suspension - S. 466. The House concurred with the Senate amendments on S. 466 this week, and the bill was enrolled for ratification. The amendments increase the fines for driving with a suspended license by $100. The $100 increase will be placed in a special account for the use of the Highway Patrol.

The Mid-Year Conference will be held on Wednesday, March 17. The program will provide a briefing on legislation affecting county government before the General Assembly and give county and state officials an opportunity to discuss those issues. Highlights of the program include guest speakers from the statehouse. Now is the time to start arranging meetings with members of your delegation. SCAC will also host the General Assembly at a reception Wednesday evening, March 17^th at Embassy Suites Hotel.

The Institute of Government classes will be held on Tuesday, March 16. These informational courses are open to all county officials. For information, call SCAC at 1 (800) 922 - 6081 or check the web at www.sccounties.org.

Newly-Introduced Legislation

House Bills

H. 4474 - Provides a property tax exemption for the surviving spouse of a firefighter killed in the line of duty.

H. 4476 - Exempts county official salary supplements from any across the board cuts ordered by the Budget and Control Board.

H. 4479 - Establishes alternative placement programs for DOC prisoners.

H. 4482 - Enacts the Federal Defense Facilities Utilization Integrity Protection Act.

H. 4507 - Requires countywide toll-free calling to be provided by all telephone utilities operating within a county by July 1, 2004.

H. 4517 - Provides that a person seeking a restraining order or an order of protection cannot be required to provide their social security number to the court or clerk of court.

H. 4519 - Repeals the requirement that revenue distributions to counties cannot be less than the distributions received in the previous fiscal year.

H. 4521 - Allows Police Retirement System retirement after 23 years of credited service.

H. 4522 - Allows Police Retirement System retirement after 20 years of credited service.

H. 4523 - Permits disability retirees from the SC Retirement and Police Officer’s Retirement systems to earn up to $50,000 a year without a reduction in retirement benefits.

H. 4551 - Exempts Purple Heart recipients from vehicle taxes.

H. 4552 - Enacts the SC Truth to Voters Act.

H. 4556 - Permits counties to enter into agreements with sign owners to relocate and reconstruct signs.

H. 4565 - Enacts the Public-Private Education Facilities and Infrastructure Act of 2004 which provides guidelines for the development and maintenance of public infrastructure and government facilities.

H. 4573 - Extends the existence of the commercial mobile radio service emergency telephone advisory committee to August 1, 2007.

H. 4575 - Requires the clerk of court to notify a child support obligee when a rule to show cause is issued.

H. 4587 - Allows a local governing body to make the maximum speed limit on a locally maintained road less than that determined by the state authority.

H. 4595 - Requires prosecution of criminal domestic violence in general sessions court and requires the court to make written findings of fact concerning the extent of domestic violence.

H. 4596 - Enacts the Planned Community Act which defines and provides for the governance of planned communities.

H. 4597 - Repeals common law marriage.

H. 4600 - Provides a property tax exemption for operating millage levied in a county for alternative schools, career and technology centers, and county boards of education.

H. 4603 - Provides that revisions to the building code adopted by the Building Code Council, as a result of suggestions by the International Code Council, are incorporated into the building code.

H. 4605 - Provides that emergency vehicles are allowed to use and display any blue or red lights.

S. 761 - Requires the Department of Veteran’s Affairs to prepare and distribute a war roster.

S. 763 - Deletes the social security number blank from the voter registration application.

S. 765 - Allows a building codes enforcement officer to deny a building permit to a licensed builder under certain circumstances.

S. 767 - Establishes the SC Military Family Relief Fund.

S. 769 - Permits a spouse of a disabled veteran to receive the property tax exemption for any subsequent dwellings.

S. 773 - Enacts the Uniform Child Custody Jurisdiction and Enforcement Act.

S. 775 - Provides that litigants in child custody cases are entitled to a transcript for $2 per page and the Supreme Court must establish a procedure for the storage of tapes in a government facility.

S. 777 - Provides for the issuance of special license plates honoring veterans.

S. 779 - Closes the TERI program to new participants effective July 1, 2004 and repeals the program July 1, 2009.

S. 780 - Devolves all powers and responsibilities of the legislative delegation involving boards and commissions affecting one county to the county governing body.

S. 787 - Eliminates the requirement that bond premiums from general obligation bonds be applied only to the first installment of principal due.

S. 788 - Provides that local planning commissions establish coordination between adjacent and other relevant jurisdictions during the planning process.

S. 790 - Adds presidential candidates names to straight party ticket ballots.

S. 792 - Extends the existence of the commercial mobile radio service emergency telephone advisory committee to August 1, 2007.

S. 793 - Permits counties to reduce the assessment ratio on boats to 4%.

S. 794 - Authorizes the use of cameras to enforce traffic light violations.

S. 813 - Allows the Capital Projects Sales Tax to be used for parking garages.

S. 826 - Requires local planning commissions to include road construction, transit projects, and pedestrian and bicycle paths in their basic planning process.

S. 831 - Permits counties to enter into agreements with sign owners to relocate and reconstruct signs.

S. 840 - Provides for restructuring of statewide offices.

S. 841 - Provides for state government restructuring.

S. 846 - Allows for cost-of-living adjustments to be paid to members of the SC and Police Officer’s Retirement systems even if an increase in employer contributions is required.

S. 848 - Provides that emergency vehicles are allowed to use and display any blue or red lights.

S. 852 - Provides that the definition of "public service", as it relates to the SC and Police Officer’s Retirement systems, include paid service as an employee of an institution of higher education while a student at the institution.

Issue 1-04
January 16, 2004

Read the Friday Report and Legislative Alerts. They provide critical information on a timely basis.

Respond to the information in the Friday Report and Legislative Alerts. These publications will tell you when your input is most critical in the legislative process.

Interact with your legislators on a regular basis, not just when you want to tell them how you want them to vote.

Be clear, concise, and accurate when you address an issue with legislators.

Ask for a commitment of support for our position and make sure that the answer is clear. Follow up with an appropriate clarifying question such as "So you’ll vote to table the bill?" when the initial answer is not clear.

Thank them. If they agreed to support your request, thank them for that. If they did not agree to support your position, then find something positive to tell them about their service in the General Assembly and thank them for it. It may be as basic as "Thank you for your time and attention to this matter."

Relay the results of your communications with legislators to the SCAC staff. This is the only way we can get an accurate gauge of the support or opposition to a particular proposal so that we can effectively allocate SCAC staff resources on an issue.

The Policy Positions for the 2004 Session of the S.C. General Assembly adopted by the SCAC Legislative Committee were mailed to county officials early this month and are available on the web at www.sccounties.org. The legislative development process is discussed in detail in the front of the policy positions publication and on the web site. A copy of the 2004 Legislative Priorities is enclosed and may be helpful as a quick reference.

The SCAC Mid-Year Conference will be held at the Embassy Suites Hotel in Columbia, on March 16 & 17, 2004. Registration information is available on the web at www.sccounties.org or by calling the SCAC Office at 1-800-922-6081.

The Mid-Year Conference will be held on Wednesday, March 17. The program will provide a briefing on legislation affecting county government before the General Assembly and give county and state officials an opportunity to discuss those issues. Highlights of the program include guest speakers from the statehouse. Now is the time to start arranging meetings with members of your delegation. SCAC will also host the General Assembly at a reception Wednesday evening, March 17^th at Embassy Suites Hotel.

The Institute of Government classes will be held on Tuesday, March 16. These informational courses are open to all county officials. For information, call SCAC at 1 (800) 922 - 6081 or check the web at www.sccounties.org.

The Governor fully funded the LGF in his executive budget. Both Rep. Bobby Harrell, House Ways & Means Committee Chairman, and Sen. Hugh Leatherman, Senate Finance Committee Chairman, stated at the SCAC Legislative Conference that they intended to see the LGF fully funded. Please take the time to thank these people.

Regarding the LGF, one bill has been filed to repeal the provision of the State Aid to Subdivisions Act which requires any change in the formula be by separate legislation solely for the purpose of changing the LGF. Deleting that provision would allow the state budget bill to be balanced using the LGF and would therefore be uncertain until the budget was finished. That bill is H. 4466 and has been referred to the House Ways & Means Committee.

B. Tax & Fee 2/3 Super Majority Vote - H. 3649. H. 3649 would require a 2/3 vote in impose a new tax or fee or increase an existing tax or fee. This bill was taken up for debate in the House on Wednesday and further consideration was delayed until January 28^th. This is your opening to make the necessary contacts with House members to defeat this bill.

C. Mandatory Division of Property in a Tax Sale - S. 732. The Senate gave third reading to S. 732 which would require tax collectors to divide parcels of property which are in the tax sale. The current law allows the division of parcels when the tax collector can find a way to do so. The challenge resulting from the mandatory division is that there is no standard upon which tax collectors may rely when challenged in court. Division of tax sale property was changed from mandatory to permissive several years ago when a court case held that the back yard of a downtown Charleston residence could be sold instead of the entire house and lot. S. 732 is now in the House Ways & Means Committee.

D. School Bond Sales Tax - H. 3612. This legislation to give school districts a local option sales tax for capital projects was considered briefly this week. Consideration of the bill was put off until January 27^th. Authorizing a school local option sales tax at this point in time would almost preclude the use of sales tax to replace the school operating property tax. It would also have the likely effect of curtailing the use of the capital projects sales tax for countywide projects lists - both county and municipal.

You do not have to wait for the Postal Service to get a comprehensive update on the legislative items of interest to county officials. The Friday Report, Legislative Alerts and other publications are on the web at www.sccounties.org. The Friday Report is usually available on the web by 3:00 on Friday.

Better yet, you can use the response form attached and have the Friday Report emailed to your home, office, or any address you need. Just fax the enclosed form or follow the email request instructions.

Newly-Introduced Legislation

House Bills

H. 4336 - Imposes a $5 dollar occupation tax on the nonowner occupant of a time sharing unit to be collected and distributed like the accommodations tax.

H. 4339 - Prohibits counties from regulating the possession, sale, use, or consumption of tobacco products and provides penalties for those counties who do so.

H. 4354 - Enacts the SC Infrastructure Priority Investment Act of 2003.

H. 4362 - Provides that in any circuit with 2 or more resident circuit judges, at least 1 judge must must be a resident of one of the counties in the circuit which does not have the largest population in the circuit.

H. 4366 - Makes it unlawful for a person to abandon a dog on public or certain private property.

H. 4368 - Defines "reasonable time" as not more than 60 days for drug forfeiture cases.

H. 4382 - Makes it unlawful for a person to intentionally abandon a dog on public or certain private property or fail to report the dog as lost.

H. 4396 - Enacts the Boiler Registration Act.

H. 4407 - Recreates the Coastal Council and transfers all powers and duties from the coastal division of DHEC to the Coastal Council.

H. 4408 - Prohibits rush hour driver’s license and vehicle registration check points.

H. 4410 - Increases the deed recording fee, alcoholic beverage and cigarette taxes for the School Tax Millage Exemption Trust Fund with revenues to be used for salary increases.

H. 4411 - Enacts the School Equity and Property Tax Relief Act.

H. 4417 - Provides that both lynching in the first and second degree are violent crimes and that person who has been convicted of a crime in which the victim suffered bodily injury as a result of the crime shall have his case reviewed every five years after a request for parole is denied.

H. 4419 - Regulates the location of an adult business establishment when a zoning ordinance does not exist.

H. 4421 - Provides that an assessment notice resulting from countywide assessment must provide an estimated property tax liability based on the revised value and rollback millage.

H. 4422 - Prohibits political subdivisions from accepting a "matricula consular" issued by the United Mexican States as a form of identification.

H. 4423 - Requires a referendum to increase the property tax millage rate above the rollback millage rate in the year a reassessment program is implemented.

H. 4424 - Provides that if the imposition of a county sales and use tax for transportation facilities is not approved in a referendum, then a subsequent referendum for the tax may not be held before the second statewide general election after the referendum.

H. 4426 - Provides that a TERI participant is not eligible to receive a lump-sum payment for unused annual leave earned while participating in the TERI program.

H. 4427 - Closes the TERI program to new participants effective July 1, 2004 and repeals the program July 1, 2009.

H. 4428 - Substitutes the term "arrest" for the term "traffic stop" as it relates to driving with an unlawful alcohol concentration and provides various other changes relating to DUI arrests.

H. 4429 - Provides factors for a family court to consider in an action to change the surname of a minor child.

H. 4430 - Provides it is not unlawful for a person under 21 to purchase alcohol if acting under the direct supervision of a law enforcement agency.

H. 4432 - Provides a procedure for obtaining an expungement of a criminal record, authorizes an expungement fee of $350 to the circuit solicitor, names the government agencies requiring notice of the expungement, authorizes a verification fee of $25 to SLED and requires SLED to keep a nonpublic record of the expungement.

H. 4433 - Prohibits an employer from requiring a prospective employee to disclose his social security number on an initial application for employment and provides the employer may require disclosure upon the applicant’s acceptance of employment.

H. 4434 - Provides that a contract with a governmental body for telemarketing services must be performed in the US and only by US citizens and persons authorized to work in the US.

H. 4435 - Imposes a tax on cigarette rolling paper, revises the penalties for supplying minors with cigarette rolling paper, provides that violations must be tried in magistrate’s court and provides that fines collected must be paid to the treasurer in the county or municipality where the conviction occurred.

H. 4439 - Enacts the Animal Ecological Terrorism Act.

H. 4440 - Treats boats as real estate for property taxation and provides a $1,500 cap on the boat tax in any year.

H. 4441 - Provides that no claim for injury or disease filed on or after July 1, 2004, serves as the basis for reimbursement to an employer or insurance carrier pursuant to provisions regarding the Second Injury Fund in § 42-9-400 and §42-9-410.

H. 4446 - Provides that litigants in custody and visitation cases are entitled to a verbatim copy of the transcript at a cost of not more than $2 per page and the Supreme Court by rule must establish a procedure for the storage of tapes or other sonic recordings in a government facility.

H. 4447 - Eliminates the existing state spending limitation and imposes a limitation on general fund revenue appropriations for a fiscal year equal to the prior fiscal year plus 2.5%.

H. 4448 - Provides conditions under which grandparent visitation may be granted by family court.

H. 4449 - Exempts county clerks of court, probate judges, sheriffs, registrars of deeds, county auditors, and county treasurers from any across-the-board cuts in appropriations ordered by the Budget and Control Board due to revenue shortfalls.

H. 4450 - Requires as part of the reassessment that each parcel of improved real property be visited by an employee or agent of the assessor’s office at least once in the two years ending on completion of the program.

H. 4454 - Provides that for certain political subdivisions that were created to operate hospitals on a local or regional basis, the ability to call for or conduct advisory or binding referenda rest solely with the governing board of the political subdivision and the governmental bodies that appoint the board.

H. 4456 - Requires that counties receiving funds under the Pollution Control Act use them for environmental emergencies and remediation of environmental damage.

H. 4457 - Provides factors for a court to consider when determining trial venue.

H. 4458 - Requires an attorney to certify that pleadings and other documents filed in a civil or administrative action is not frivolous or interposed for delay.

H. 4459 - Decreases the statute of repose from 13 to 8 years.

H. 4460 - Defines the term "improvement to real property" as it relates to notice and opportunity to cure construction dwelling defects, provides that the statute of limitations is tolled until a claim is denied or repairs are completed and provides that a civil action may begin within 90 days of the initial notice of claim if the dispute between the parties is not settled.

H. 4461 - Establishes a prejudgement interest rate equal to the prime rate as listed in the Wall Street Journal plus 2% and a postjudgement interest rate equal to the prime rate as listed in the Wall Street Journal plus 4%.

H. 4462 - Provides for a bifurcated trial in civil actions tried before a jury when punitive damages are sought.

H. 4463 - Abolishes joint and several liability and provides for contributory liability among tortfeasors.

H. 4464 - Enacts the Medical Malpractice and Patient Safety Reform Act.

H. 4465 - Indexes the homestead exemption amount to inflation in the same manner and by the same percentage that federal income brackets are adjusted to reflect increases in the consumer price index.

H. 4466 - Deletes the prohibition on amendments or repeal of provisions of the state aid to subdivisions act except by means of separate legislation enacted solely for that purpose.

H. 4467 - Requires that property tax reassessment notices include projections of the following year’s tax.

H. 4468 - Provides for a millage rate calculated to produce no more than 1% additional property tax revenue above the revenue received in the preceding year.

H. 4469 - Permits a county to impose a transfer fee on the transfer of real property, not to exceed 1/4 of 1 % of the real property’s value, if the property is located in the unincorporated area of the county. The revenue of the fee must be put in a separate fund and used only for acquiring and improving open spaces.

S. 740 - Various victim notification requirements, including requiring law enforcement agencies provide a victim’s contact information to a mental health facility having custody of the perpetrator.

S. 750 - Revises the list of vehicles which may use emergency lights and sirens. Revises the use of emergency lights and sirens on vehicles.