.

 

 

Go

 

... Building Stronger Counties for Tomorrow


(2005 Past Issues)


Issue 1-2005, January 14, 2005
Issue 2-2005, January 21, 2005
Issue 3-2005, January 28, 2005

 

 

Issue 3-05
January 28, 2005

 
 
 1. Budget Work Continues
The House Ways and Means subcommittees continued working on the budget this week. Most of the subcommittees completed work on proviso requests. The Criminal Justice subcommittee rejected two proposals from the Department of Juvenile Justice (DJJ) this week which would have had a significant impact on the cost of detaining Juveniles. One proposal would have allowed DJJ to increase the per diem for housing juveniles from $25 to $100. The other proposal would have allowed DJJ to charge an extra amount to local governments for housing a juvenile for a certain length of time. Please thank Reps. Annette Young, Gary Simrill and Gilda Cobb-Hunter for rejecting these arbitrary increases in the per diem local governments currently pay DJJ.
 2. State Retirement System Changes Are Coming
  A Senate Finance subcommittee has begun a thorough and fast-paced review of the State Retirement System (SRS). In a nutshell, the unfunded liability period for the SRS has reached 28 years. The unfunded liability period is the length of time that employer contributions would have to be paid into the system if every member retired and is a measuring stick used by the industry and the IRS to gauge a retirement fund’s health. The longest that unfunded liability period may be is 30 years.

Currently, the best estimate of the cost of granting next year’s cost of living adjustment to retirees is to extend the unfunded liability period 4 additional years, which would put the liability period at 32 years. Without an adjustment of some sort, there is not enough money in the system to grant those COLA’s. Some of the ways the system could be changed to fund next year’s COLA’s include: increasing the unfunded liability period to 30 years and increasing the employer contribution rate from 7.55% to 7.7%; making a one time total contribution of $400 million from all employers in the SRS; or reducing benefits. Reducing benefits could include eliminating TERI, extending the service requirement from 28 to 30 years, or requiring TERI participants and those returning to work under the $50,000 earnings caps to continue making employee contributions to the system. None of these benefits changes reduces the unfunded liability period more than 1 year, except requiring TERI and $50,000 earning cap participants to contribute to the system and that reduces the liability period by 5 years. Any change in benefits involves difficult legal issues. The actuarial error in the newspapers was not large enough to significantly change any of this.

The biggest challenge is to find a way to fund COLA’s on a permanent basis. The solutions mentioned above only address the cost of granting COLA’s next year. The subcommittee will be meeting twice a week in February. The goal is to have some solid plan of action in early March for the Senate to consider. It is anticipated that Police Officer Retirement System COLA’s will also be addressed although that system is in better financial shape than the SRS. This is going to be a very intensive and methodical effort and SCAC will report as information develops.

 3. Other Actions of Interest to County Officials
A. Building Code Modifications - H. 3026 & S. 131. H. 3026 received third reading in the House and is now in the Senate. The bill provides that modifications to the building codes do not have to be readopted by the Building Codes Council unless the amended section has been substantively changed. S. 131 is a companion bill and received a favorable report in a Senate LCI subcommittee and has been sent to the Senate LCI committee.

B. Probate Judge Qualifications - H. 3084. The House Judiciary Committee sent H. 3084 back to subcommittee to work on a proposed amendment. The version reported favorably to House Judiciary is the revision of probate judge qualifications supported by SCAC last session. Last year, this legislation passed the House and died in the Senate.

C. Seatbelts - S. 1 & H. 3057. The Senate bill, S. 1, was given second reading in the Senate Thursday. A House Education & Public Works subcommittee began looking at H. 3057 this week as well.

D. Noncompliant Accommodations Tax Expenditures - S. 27. The legislation authorizes a county or municipality to correct expenditures deemed noncompliant by the Tourism Expenditure Review Committee (TERC) prior to having that amount withheld by TERC. S. 27 received second reading in the Senate.

E. Property Used Exclusively by Scouts - S. 207. This bill received second reading in the Senate this week. S. 207 extends the exemption from property taxes for property owned by the Boy and Girl Scouts to any property used exclusively by these organizations. The bill would apply for property tax years beginning after 2001.

F. Probate Court Appeals - H. 3050. A House Judiciary subcommittee gave a favorable report to H. 3050. This bill provides that probate appeals would go directly to the Court of Appeals instead of circuit court.

G. Straight Party Ticket - S. 185. S. 185 is pending second reading on the Senate floor. The bill provides that a person who votes a straight party ticket would also be voting for that party’s presidential candidate.

H. Partisan Voter Registration - H. 3167. A House Judiciary subcommittee adjourned debate on H. 3167. The bill provides that a person is not allowed to vote in a partisan primary election or partisan advisory referendum unless the person has registered as being a member of that party. SCAC expressed concern about the costs of notifying and reregistering the approximately 2.2 million registered voters in this state.

I. Workers’ Compensation - H.3205 & H.3284. A House LCI subcommittee, chaired by Rep. Chellis, took up these two bills before an overflow crowd; other subcommittee members include Reps. Emory, Dantzler, Leach and Thompson. H.3205 is a sweeping reform of workers’ compensation which would abolish the commission and move its functions to the Department of Insurance, with cases heard by administrative law judges. H.3284 provides for an orderly dissolution of the Second Injury Fund. Another subcommittee hearing is expected in the near future as very few who signed up to speak on the legislation were able to testify.

J. Billboards - H. 3881. The billboards bill is back. The proposal is very similar to last year’s bill. If a local government compels the removal of an off premises sign there must be "fair compensation." This deviation from the constitutional standard for compensation considers not only the sale price of the sign and its condition but also its productivity and the value of the property that it occupies for other uses. There is also a value of the local permit issued by the county or city. There are other "goodies" in the bill which favor the continuation of "visual pollution" in our communities. The measure has been referred to the House Labor Commerce and Industry Committee. We anticipate hearings to begin in about two weeks.

 4. Vested Rights Reminder - 2004 Act No. 287
Last year the General Assembly passed the Vested Rights Act, 2004 Act No. 287. The default vesting period is five years. SCAC protected the ability of a local government to make a decision as to whether and when a project becomes vested by defining approval as a final action of the governing body and the exhausting of administrative remedies. If the county adopts an ordinance, the vesting period may be as short as two years. To take advantage of these protections the county needs to pass an ordinance based on the Act before July 1, 2005. SCAC forwarded a sample ordinance to all counties last year. Please contact us if you need another copy or have questions.

 

 


Newly-Introduced Legislation

Note: If you would like copies of any of the bills or if you would like to offer comments to the SCAC staff, please call us toll-free at 1-800-922-6081 or fax us at 1 (803) 252-0379 or email us.   Or,  you can view or download bills by clicking on the bill number.


HOUSE BILLS

H. 3342 - Requires public bodies receive approval from the solicitor before holding meetings closed to the public regarding allegations of misconduct.

H. 3343 - Permits counties to create traffic diversion programs for persons who commit traffic related offenses punishable by a fine or loss of points.

H. 3347 - Requires the State Election Commission to adopt one voting system to be used to conduct elections in the state.

H. 3348 - Requires every county operating a 911 system to be able to answer calls in Spanish with the same response time as those in English.

H. 3350 - Enacts the Municipal Capital Projects Sales Tax Act.

H. 3362 - Disqualifies jurors if convicted of a crime punishable by imprisonment of 30 days or more.

H. 3370 - Permits counties who conducted reassessments in 2004 to revert, for property tax year 2005, to the values of real property used in the calculation of 2003 property taxes.

H. 3381 - Enacts the SC Landowner and Advertising Protection and Property Valuation Act.

H. 3383 - Fire Protection Sprinkler Systems Act.

H. 3385 - Requires that a moving party must show, and the probate court must find, good cause for removal of a probate proceeding to circuit court.

H. 3387 - Eliminates the 5 minute limitation that a voter has to cast his ballot.

H. 3391 - Provides that public funds may not be used to reimburse DOT for the expenses it incurs to name and dedicate a highway facility.

SENATE BILLS

S. 321- Requires the Division of Veterans’ Affairs to prepare and distribute a war roster of persons who served on active duty during certain wars.

S. 324 - Provides that it is unlawful for labor organizations to make contributions to or expenditures on behalf of political candidates or committees from union dues.

S. 325 - Provides that a county who owns and operates ambulances may paint and place whatever emblems on the ambulance the county chooses.

S. 337 - Permits a county to impose a business registration fee of up to $15.

S. 338 - Enacts the Jobs Creation Act and exempts movie production companies who intend to spend $250,000 or more from local sales taxes.

S. 339 - Provides that with certain exceptions, beer and wine license taxes are in lieu of all other taxes on beer and wine.

S. 343 - Exempts from the Freedom of Information Act disclosures concerning the safety and security plans of a private business, industry, or state and local governments that would place their respective properties or employees at risk of damage or harm.

S. 347 - Makes it a crime to deface, vandalize, tamper with, or remove a political campaign sign.

S. 351 - Prohibits smoking in government buildings.

S. 357 - Increases from 28 to 30 years the service credit for a member of the state retirement system to retire at any age without a reduction in benefits.

S. 358 - Enacts the All-Terrain Vehicle Safety Act.

S. 363 - Permits monthly payments of property taxes.

S. 366 - Requires boats that serve as a primary or secondary residence to be taxed as real property, also limits property taxes on watercraft to $1,500 for a property tax year.

S. 370 - Provides qualified civil immunity for poll workers.

S. 373 - Provides a county ordinance that conflicts with a state law regulating the sale and manufacture of alcoholic beverages is unenforceable.

S. 374 - Deletes the requirement that laws, ordinances, or rules pertaining to tobacco products may not supercede state law.

S. 376 - Requires an entity that acquires an automated external defibrillator to notify the local emergency medical services provider of its location.


 

Issue 2-05
January 21, 2005

 
 
 1. SCAC Mid-Year Conference: February 23, 2005
The SCAC Mid-Year Conference will be held at the Embassy Suites Hotel in Columbia, on Wednesday, February 23, 2005. Register online or by calling the SCAC office at 1 (800) 922 - 6081.

The Mid-Year Conference will be held on Wednesday, February 23. Highlights of the program include perspectives on the session from Sen. Hugh Leatherman, Chairman, Senate Finance Committee; Rep. Doug Smith, Speaker Pro Tem of the House, and Carl Blackstone, Legislative Advisor to the Governor. Following lunch, there will be time for visits to the General Assembly. SCAC will also host the General Assembly at a reception Wednesday evening, February 23rd at Embassy Suites Hotel.

The Institute of Government classes will be held on Tuesday, February 22. 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.

 2. Home Valuation Freeze - H. 3264
  A House Ways & Means subcommittee heard initial testimony on H. 3264, which would freeze the valuation of owner occupied homes until sold. The bill was carried over at the request of the primary author. The tax shift to other classes of property in the first year would be $76 million and at the end of five years would be $169 million. Constitutional questions regarding this bill include equal protection - two identical houses situated side by side could be valued differently, depending upon when the owner bought it. Other concerns are the fact that this plan fails to make permanent change because it does not address the problem of the school millage drivers and it creates a bias against growth in the tax base due to new investment. The subcommittee members are: Reps. Bill Cotty (Chairman), Roland Smith, Bill Clyburn, Tracy Edge, and Jay Lucas.

 3. Budget Work Continues

The House Ways and Means Budget subcommittees continued to meet this week, reviewing agency priorities and new proviso requests. Much of the discussions have centered around replacing the one-time money created by the Department of Revenue and distributed to agencies. Despite a better budget scenario, the General Assembly will be unable to replace all of this one-time money. Therefore it seems likely that agencies will attempt to create new methods of increasing revenue, including raising fine and fee revenue.

The State Election Commission has requested a 5 % match for the $7 million in Help America Vote Act (HAVA) funds the state is eligible to receive this year. It also requested that approximately $398,000 in budget cuts be restored because the cuts are beginning to effect its ability to provide services to counties. It was noted that if the cuts are not restored the Election Commission may decide to eliminate or start charging counties for some voter services such as creating ballots.

In a Senate Finance subcommittee, the Governor’s Office presented their budget to a criminal justice subcommittee. Included in that presentation was an increase in the $25 juvenile detention per diem to $100 and to add on a surcharge of $25 per day for those children held in excess of 90 days. The one member of the subcommittee present at that time expressed support for the idea.

 4. Other Actions of Interest to County Officials
 

A. Building Code Adoptions - H. 3026. The House LCI Committee gave a favorable report to H. 3026 with an amendment. The bill, as amended, provides that modifications to the building codes do not have to be readopted by the Building Codes Council unless the amended section has been substantively changed. The bill is now pending second reading on the House floor.

B. Restructuring - H. 3009. The House Ways and Means Committee gave a favorable report to H. 3009 and it will be on the House floor next week. Upon closer reading of the definitions, the portions of the bill creating the Division of the State Chief Information Officer (CIO) do not apply to local government.

C. Seatbelt Fines and Assessments - S. 1 The Senate Transportation Committee has given a favorable report to S. 1, allowing primary enforcement of seatbelts. SCAC has no position on the substance of this legislation but is working to make the handling and administration of the fines and assessments for violations more efficient. Toward this end, SCAC is working to delete the provisions which create special handling rules for these fines. First, we have asked that the provision directing these fines to the state general fund be deleted. Second, we have asked that the provision exempting these fines from the customary assessments and surcharges be deleted. These changes will allow these cases to be processed more efficiently and with more accuracy.

D. Noncompliant Accommodations Tax Expenditures - S. 27. A Senate Finance subcommittee reported S. 27 out favorably this week. The legislation authorizes a county or municipality to correct expenditures deemed noncompliant by the Tourism Expenditure Review Committee (TERC) prior to having that amount withheld by TERC.

E. Property Used Exclusively by Scouts - S. 207. A Senate Finance subcommittee reported S. 207 out favorably this week. The bill extends the exemption from property taxes for property owned by the Boy and Girl Scouts to any property used exclusively by these organizations. The bill would apply for property tax years beginning after 2001.

F. Jobs Creation Act - H. 3005. The House passed H. 3005, the Jobs Creation Act this week. The bill is now in Senate Finance committee. H. 3005 allows a tax credit of 25% of the investment made in a qualified small business. It also extends the existing sales tax exemption for machinery and supplies used in motion picture filming to local sales taxes. This has an anticipated local government fiscal impact of $66,000.

G. Air Carrier Hubs - H. 3234. Currently the state may issue General Obligation Bonds for the infrastructure needs of air carrier hub terminal facilities which meet certain criteria. H.3234 will allow the state to issue GO bonds for facilities that will use two or more specially equipped planes that are used for the transportation of specialized cargo. The House gave third reading to H.3234 and the bill is now in Senate Finance Committee.

H. The Pig Bill is back - S. 304. S. 304 is a version of the "pig bill" that has been just introduced. Like those before it, it seeks to curtail local government authority. It has been referred to the Senate Agriculture and Natural Resources Committee.

I. Probate Judge Qualifications - H. 3084. A House Judiciary subcommittee gave a favorable report to H. 3084. This is the revision of probate judge qualifications supported by SCAC last session. Last session, the same bill (H. 3137) was given third reading on the House floor and died in the Senate.

 5. NACo Legislative Conference - March 4-8, 2005

The NACo Legislative Conference is scheduled for March 4-8, 2005, in Washington, D.C. The registration deadline is fast approaching so act quickly. A copy of the registration form is attached. If you need more information, please call the SCAC staff 1 (800) 922 - 6081.

 

 


Newly-Introduced Legislation

Note: If you would like copies of any of the bills or if you would like to offer comments to the SCAC staff, please call us toll-free at 1-800-922-6081 or fax us at 1 (803) 252-0379 or email us.   Or,  you can view or download bills by clicking on the bill number.


House
Bills

H. 3006 - Enacts the Jobs Creation Act and exempts movie production companies who intend to spend $250,000 or more from local sales taxes.

H. 3152 - Enacts the Jobs Creation Act and exempts movie production companies who intend to spend $250,000 or more from local sales taxes.

H. 3163 - Requires that a postmartem examination report be filed by a surgeon with the county coroner within 72 hours of a patient’s death which occurs during a surgical procedure.

H. 3167 - Prohibits a person from voting in a partisan primary election unless he is a registered member of that party.

H. 3174 - Regarding written voir dires, a clerk of court is required to send a questionnaire for each juror’s response along with each juror’s individual summons in cases triable by jury.

H. 3176 - Provides that a corrections officer of one political subdivision who holds an office in another is not considered a dual office holder.

H. 3177 - Provides that a person who causes an unintentional death while violating a state or local ordinance when driving is guilty of a misdemeanor.

H. 3180 - Outlaws same-sex marriages.

H. 3183 - Property tax exemption for persons over 65 or who are totally and permanently disabled.

H. 3195 - Provides that power lines must be located underground in all counties in the costal zone.

H. 3202 - Designates each county as a school district and prohibits counties from having multiple school districts.

H. 3204 - Provides income and property tax credits for tuition paid to public or nonpublic schools and for contributions to scholarship granting organizations.

H. 3205 - Enacts the Workers’ Compensation Reform Act of 2005.

H. 3209 - Provides that the Governor will appoint magistrates.

H. 3215 - Provides that a utility company may not supercede or violate county zoning laws.

H. 3227 - Provides, subject to a countywide referendum, a 1% sales tax to be used for schools.

H. 3243 - Enacts the Youth Access to Tobacco Prevention Act of 2005, provides that fines resulting from illegally supplying tobacco to minors must be distributed to the county treasurer and county alcohol and drug abuse commission.

H. 3257 - Permits a retired or discharged serviceman to remove his discharge certificate from public record upon written notification to the clerk of court.

H. 3261 - Allows the computerized drawing and summoning of jurors to take place publicly in the office of the clerk of court.

H. 3264 - Eliminates increases in property taxes.

H. 3284 - Provides for the dissolution of the Second Injury Fund.

H. 3301 - Adjust the homestead exemption amount for persons over 65 in the same manner and by the same percentage that federal income taxes are adjusted.

H. 3302 - Replaces the calculation and imposition of rollback property tax millage rates with a rate calculated to produce no more than a 1% increase in revenue.

H. 3305 - Permits monthly installment payment of property taxes.

H. 3206 - Provides that religious references to God or a higher power of any denomination or religion may be used in approved displays, monuments, plaques or similar fixtures in local public areas, buildings or places.

H. 3328 - Requires a person on a sex offender registry who acquires property to give written notice to the sheriff within 10 days of acquiring the property.

H. 3329 - Imposes a new limitation on state appropriations and creates a Spending Limit Reserve Fund.

H. 3336 - Provides that for purposes of workers’ compensation law, a cardiac related incident or injury to a law enforcement officer is presumed to have arisen out of and in the course of his employment.

SENATE BILLS

S. 87 - Regarding written voir dires, a clerk of court is required to send a questionnaire for each juror’s response along with each juror’s individual summons in cases triable by jury.

S. 104 - Outlaws same-sex marriages.

S. 131 - Provides that modifications to the building codes do not have to be readopted by the Building Codes Council for subsequent editions of the building codes.

S. 135 - Provides that workers’ compensation premiums for constables must be paid from the state general fund.

S. 138 - Provides for the registration and licensing of all-terrain vehicles and exempts ATV’s from property taxes.

S. 143 - Provides that a person who has served as a constable for at least 10 years meets the training and experience qualifications for the office of sheriff.

S. 156 - Requires boats to be taxed as real property instead of personal if they qualify as a primary or secondary residence pursuant to the Internal Revenue Code.

S. 157 - Permits a property tax credit or refund when the lessee of a vehicle trades or returns the vehicle.

S. 165 - Provides that 11 % of state sales tax revenue from the sale of alcoholic beverages must be distributed to counties to be used for the education and rehabilitation of alcoholics and drug addicts.

S. 167 - Property rights bill requiring counties to adopt regulations and internal procedures for appraising property and compensating a property owner for property taken under eminent domain.

S. 173 - Permits the Department of Corrections to enter into contracts with private sector entities for the use of inmate labor.

S. 179 - Establishes coordination between adjacent and other relevant jurisdictions during the local planning process.

S. 180 - Requires state agencies that are involved with infrastructure development to determine whether a regulatory decision and its impact are consistent with local government comprehensive plans.

S. 183 - Constitutional amendment outlawing same-sex marriages.

S. 185 - Allows official presidential ballots to be combined with any other official ballot.

S. 205 - Exempts the Marine Corps League from property taxes.

S. 207 - Provides property tax exemptions to property used by the Boys or Girls Scouts.

S. 209 - Provides property tax exemptions to property leased by volunteer fire departments and rescue squads.

S. 210 - Permits county treasurer to waive late fees on property taxes when taxpayer applies for waiver in writing and produces sufficient documentation for the treasurer to conclude timely payment was made.

S. 218 - Prohibits a person from voting in a partisan primary election unless he is a registered member of that party.

S. 219 - Requires counties to observe all state legal holidays or have state funds due suspended.

S. 228 - Permits counties to grant a waiver from requirements specifying the location of fire hydrants.

S. 230 - Provides that millage rate increases must be approved by referendum.

S. 232 - Increases from 30 to 45 the number of days a planning commission has to submit its report and recommendations on changes to zoning regulations and maps.

S. 234 - Requires an application for the office of notary public to be endorsed by the clerk of court or his designee.

S. 258 - Permits the Department of Corrections to enter into contracts with private sector entities for the use of inmate labor.

S. 261 - Provides that motorcycles not used in a trade or business are to be assessed the value that would apply if the motorcycle were included in the definition of private passenger motor vehicle for property tax purposes.

S. 262 - Permits counties to create Traffic Diversion Programs with the approval of the solicitor.

S. 265 - Enacts the Criminal Gang Prevention Act and provides a civil cause of action in favor of a county that sustains any damage, impairment, or injury caused by a pattern of gang activity.

S. 276 - Permits a child to accompany their parent in a voting booth.

S. 278 - Authorizes counties to permit the operation of gaming devices upon passage of an ordinance, a favorable vote by the majority of the county’s legislative delegation, or by approval by referendum.

S. 281 - Authorizes counties to permit the operation of gaming devices upon passage of an ordinance, a favorable vote by the majority of the county’s legislative delegation, or by approval by referendum.

S. 287 - Requires affected counties to allow quarterly payments toward property taxes.

S. 301 - Provides various changes relating to the use of absentee ballots.

S. 304 - Prohibits counties from imposing a more stringent requirement than a state statute or regulation regarding the production of livestock, poultry, agribusiness, business, or industry.

S. 305 - Requires counties to provide office space for Department of Health and Human Services eligibility processing.

S. 309 - Requires law enforcement departments to collect data relating to vehicle traffic enforcement such as the race of the driver stopped.

S. 310 - Enacts a statewide curfew for minors and gives counties the ability to opt-out.

S. 311 - Legalizes gambling boats.

S. 313 - Reduces from 15 to 5 percent the number of qualified electors required to sign a petition to submit to county council to initiate an ordinance.

S. 314 - Requires arrest warrants from the proceeding 3 months be made available for public inspection and copying when the requestor appears in person.


 

Issue 1-05
January 14, 2005

 
 
 1. 2005 SCAC Legislative Program
The strength of SCAC’s legislative program is a direct result of the number of county officials who take an active part in the program. Specifically, when members of the General Assembly get letters, calls, and visits, they tend to vote with the Association’s policy positions.

The rules change in the Senate will place "grass roots" lobbying at a premium. No longer will bills languish on the contested calendar because of objections by Senators or filibuster. The changes to the Senate rules are designed to move legislation favored by a majority of Senators. This will be accomplished by lowering the number of Senators needed to limit a filibuster and by procedural changes that allow bills to be moved to a priority status after six legislative days.

These new rules will change the way everyone approaches issues in the Senate. We need to keep pace. Please be prepared to respond quickly when an alert goes out. A few things you can do to make your participation in the legislative program more effective are listed below.

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. If they did not agree to support your position, then find something positive to thank them for.

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.

The Policy Positions for the 2005 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 2005 Legislative Priorities is enclosed and may be helpful as a quick reference.

 2. SCAC Mid-Year Conference: February 23, 2005
  The SCAC Mid-Year Conference will be held at the Embassy Suites Hotel in Columbia, on Wednesday, February 23, 2005. Registration information is available on the web (link here) or by calling the SCAC office at 1 (800) 922 - 6081.

The Mid-Year Conference will be held on Wednesday, February 23. 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. 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, February 23rd at Embassy Suites Hotel.

The Institute of Government classes will be held on Tuesday, February 22. 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.

 3. FY 2005 - ‘06 Local Government Fund (LGF)

The projected distributions from the Local Government Fund (LGF) for FY 2005 - 06 are attached. The LGF is funded by statutory formula in an amount equal to 4.5% of the state general fund for the most recently completed fiscal year. Governor Sanford fully funded the LGF in his executive budget.

 4. Governor’s Veto of 20% Valuation Cap Sustained - H. 3065
The House sustained the Governor’s veto of H. 3065, containing the 20% valuation cap by a vote of 76 to 33. This was a major priority of the SCAC Legislative Program. A copy of the roll call vote is enclosed. There was extended debate prior to the vote and the measure was then "clinched" meaning that H. 3065 cannot be brought back up again. However, most of the speakers during the debate have pledged to "do something" about property taxes this session. SCAC will continue to support the replacement of all school operating property taxes with state appropriated revenue from some new source of state revenue. This approach will be a much more permanent solution because it will do away with the EIA/EFA millage drivers.

Please take time to let those who voted to sustain the Governor’s veto know how much you appreciate that vote. Rep. Thayer Rivers gave a very effective speech from the podium explaining that this is a tax shift and that there is no "free lunch." Rep. B.R. Skelton also took the podium to explain the magnitude of the shift in the tax burden were H. 3065 to become law. Other speakers in support of a vote to sustain the veto were Reps. Herb Kirsh, Harry Ott, and Ronnie Townsend.

There were numerous county officials who put forth the extra mile to develop fiscal impact numbers, wrote editorials, and made critical contacts on this legislation. This is an excellent example of what can be achieved when all county officials pull together and don’t give up.

 5. Ways and Means Subcommittees begin work on the Budget

The Ways and Means subcommittees began their work on the budget bill this week. Much of the discussion revolved around the Governor’s budget proposal. The Criminal Justice budget subcommittee heard from the Governor’s staff regarding proposals to fund the criminal justice agencies. The Department of Juvenile Justice has proposed to charge the actual cost of the detention of juveniles to local governments. Currently DJJ may charge $25.00 per day for the detention of these juveniles. This proposal would cost local governments at least $2.7 million. The Governor also recommended requiring The Department of Public Safety to charge municipalities, counties and universities for Emergency Traffic Management. Additionally, the Governor proposed moving the registration and titling of watercraft from the Department of Natural Resources to the Department of Motor Vehicles.

 6. Other Actions of Interest to County Officials

A. Building Code Adoptions - H. 3026. A House LCI subcommittee gave a favorable report to H. 3026 with an amendment. The bill, as amended, provides that modifications to the building codes do not have to be readopted by the Building Codes Council unless the amended section has been substantively changed in a subsequent edition. The bill has been sent to the House LCI committee. SCAC supports this legislation.

B. Restructuring - H. 3009 - A House Ways and Means subcommittee gave a favorable report to H. 3009 and it will be before the Ways & Means Committee next week. One provision of the bill creates the Division of the State Chief Information Officer (CIO). The CIO may modify and suspend any county information technology initiative that is not in compliance with the statewide strategic plan or has not met performance measures agreed to by the Budget and Control Board, the division, and the county. An information technology initiative is defined as an information technology projects proposed by a county that exceeds a cost set by the Budget and Control Board.

 7. NACo Legislative Conference - March 4-8, 2005

The NACo Legislative Conference is scheduled for March 4-8, 2005, in Washington, D.C. The registration deadline is fast approaching so act quickly. A copy of the registration form is attached. If you need more information, please call the SCAC staff 1 (800) 922 - 6081.

 8. Can’t Wait to get your Friday Report Each Week?
Information has a short shelf life in the legislative arena and that lifespan got shorter with the new Senate rules. The sooner you get legislative updates, the sooner you are able to contact the members of the General Assembly to thank them for doing helpful things or give them the information they need to make better decisions.

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.

The Friday Report can also be emailed to you directly. Just fax the enclosed form or follow the email request instructions.

 

 


Newly-Introduced Legislation

Note: If you would like copies of any of the bills or if you would like to offer comments to the SCAC staff, please call us toll-free at 1-800-922-6081 or fax us at 1 (803) 252-0379 or email us.   Or,  you can view or download bills by clicking on the bill number.


House
Bills

H. 3006 - Enacts the Jobs Creation Act and exempts movie production companies who intend to spend $250,000 or more from local sales taxes.

H. 3012 - Provides income and property tax credits for tuition paid to public or nonpublic schools and for contributions to scholarship granting organizations.

H. 3014 - Provides civil immunity for counties and their employees when a person is injured after failing to evacuate after the Governor declares a state of emergency and issues an evacuation order.

H. 3023 - Enacts the Public-Private Education Facilities and Infrastructure Act of 2005.

H. 3026 - Provides that modifications to the building codes do not have to be readopted by the Building Codes Council for subsequent editions of the building codes.

H. 3027 - Provides disciplinary procedures for law enforcement officers and permits law enforcement officers to engage in political activities while off duty.

H. 3028 - Establishes the Mobile Division Authority and requires counties to cooperate with it as it develops a general mass transit program and policy for the state.

H. 3031 - Permits the criminal record of a person who has received a pardon to be reviewed under certain circumstances when the person is being considered for training as a police officer.

H. 3032 - Outlaws same-sex marriages.

H. 3035 - Provides that a participant in the TERI program is not eligible to receive a lump-sum payment for unused annual leave earned while participating it the TERI program.

H. 3036 - Closes the TERI program to new participants on July 1, 2005 and eliminates the TERI program on July 1, 2010.

H. 3037 - Exempts food items purchased with US Department of Agriculture coupons from the local options sales tax, capital project sales tax, and personal property tax exemption sales tax.

H. 3038 - Imposes a tax on cigarette rolling paper and provides that it is unlawful to sell cigarette rolling paper to minors and any violation must be tried in magistrate’s court.

H. 3039 - Provides for concurrent jurisdiction among Family and Probate Court for validity of marriages and paternity cases.

H. 3041 - Requires the General Assembly to appropriate money directly to county veterans affairs offices.

H. 3042 - Provides that an employee has the right to examine or obtain copies of his personnel file.

H. 3046 - Makes it unlawful for any person other than law enforcement, fire department or emergency personnel to possess a traffic control device preemption emitter.

H. 3048 - Requires property tax assessment notices to provide an estimated property tax liability based on the revised value and the rollback millage.

H. 3050 - Requires the Court of Appeals hear appeals directly from the Probate Court.

H. 3052 - Provides that a sex offender who has been granted a pardon must remain on the sex offender registry and register annually.

H. 3055 - Allows a court order establishing paternity to be reversed in certain circumstances.

H. 3057 - Provides for primary enforcement of safety belts.

H. 3061 - Permits arrests for DUI at traffic roadblocks.

H. 3064 - Provides that when a candidate withdraws from an election for a legitimate nonpolitical reason, the appeal must be made to the circuit court of the county in which the affidavit is filed.

H. 3067 - Extends the ten year carry forward period for unused jobs tax credits.

H. 3076 - Permits counties to grant a waiver from requirements specifying the location of fire hydrants.

H. 3080 - Deletes the requirement that marriage license applications contain the applicant’s social security number.

H. 3084 - Changes the qualifications for the office of probate judge.

H. 3087 - Provides for the registration and licensing of all-terrain vehicles and exempts ATV’s from property taxes.

H. 3088 - Provisions permitting a court to correct sentencing that resulted from errors.

H. 3092 - Provides a property tax exemption for a mobile home owner who is 62 or older.

H. 3101 - Permits the Building Codes Council to establish fees for enforcement of the Modular Buildings Construction Act.

H. 3103 - Requires countywide toll-free calling to be provided by all telephone companies operating within a county by July 1, 2005.

H. 3104 - Provides that a county officer or employee cannot use a voice mail system if he is at his regularly assigned workstation and his telephone is functional and available for use.

H. 3119 - Enacts the Criminal Gang Prevention Act and provides a civil cause of action in favor of a county that sustains any damage, impairment, or injury caused by a pattern of gang activity.

H. 3124 - Allows a county to establish a handicapped parking enforcement program.

H. 3125 - Requires a warrant to be issued on a fraudulent check within 180 days of its receipt excluding the time the check is within the magistrate’s possession.

H. 3127 - Allows an assistant solicitor to participate in the Police Officers Retirement System.

H. 3131 - Requires that property taxes paid be current for years beginning after 1999 before boat titles can be transferred.

H. 3133 - Constitutional amendment outlawing same-sex marriages.

H. 3136 - Allows law enforcement officers to arrest and detain persons for criminal violation of the Federal Immigration and Nationality Act.

H. 3137 - Permits counties to impose a sales tax on motor fuels to be used for road construction, improvements and maintenance.

H. 3140 - Outlaws same-sex marriages.

H. 3143 - Requires magistrate, family and circuit court judges to receive annual continuing education training on domestic violence and requires law enforcement officers who are convicted of domestic violence to be fired.

 


Senate
Bills

S. 1 - Provides that a fine for a violation of child passenger restraint laws cannot be waived and that all fines must be deposited in the state general fund.

S. 13 - Requires judges hearing criminal and juvenile offender cases to make specific inquiries regarding compliance with witness notice requirements.

S. 15 - Requires a law enforcement agency to provide a victim’s contact information to a mental health facility who has custody of the perpetrator.

S. 27 - Establishes a procedure by which a county may refund accommodations tax revenue which the Tourism Expenditure Review Committee finds to be noncompliant.

S. 28 - Requires a voter registration card to have the voter’s picture on it.

S. 29 - Prohibits funds from the Insurance Reserve Fund from being loaned directly to agencies, entities or political subdivisions of the state.

S. 31 - Sunsets state sales tax exemptions every three years and provides that they can only be reinstated by a joint resolution passed by the General Assembly.

S. 35 - Provides that a county resident member serving on the DOT Commission may be elected from a county previously represented if 6 years have lapsed since the expiration of the former member’s term.

S. 40 - Authorizes camera enforcement of red lights.

S. 45 - Enacts the SC Defense of Marriages Act.

S. 55 - Provides an alternate procedure, regarding special elections, in even-numbered years when an election to fill a vacancy falls after the first Thursday in June.

S. 59 - Closes the TERI program to new participants on July 1, 2005 and eliminates the TERI program on July 1, 2010.

S. 67 - Prohibits an employer from firing a volunteer firefighter who misses time at work as a result of responding to an emergency within the scope of his duties.

S. 69 - Increase state sales tax by 2% and reimburses counties for property tax credits.

S. 70 - Prohibits an outdoor sign advertising an adult oriented business from being located within 1 mile of a public highway.

S. 71 - Allows a magistrate to impose or suspend community service up to 250 hours.

S. 73 - Constitutional amendment eliminating property taxes by local governments beginning January 1, 2008.

S. 74 - Increases penalties for failing to stop when signaled by law enforcement officers.

S. 75 - Provides that for purposes of workers’ compensation law, a cardiac related incident or injury to a law enforcement officer is presumed to have arisen out of and in the course of his employment.

S. 77 - Prevents a voter who votes in a partisan primary election from signing a petition for a candidate to run against the winner of the election.

S. 78 - Permits the criminal record of a person who has received a pardon to be reviewed under certain circumstances when the person is being considered for training as a police officer.

S. 79 - Enacts the Criminal Gang Prevention Act and provides a civil cause of action in favor of a county that sustains any damage, impairment, or injury caused by a pattern of gang activity.

S. 89 - Constitutional amendment outlawing same-sex marriages.

S. 90 - Outlaws same-sex marriages.

S. 92 - Prohibits counties from removing political signs from a highway within 14 days preceding an election.

S. 97 - Permits counties to establish a multi-county or regional authority to establish redevelopment plans and projects when such projects have impacts beyond a single county.
 

 

VOTE TABULATION - H.3065

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Go