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Friday Reports — April 2007

Issue 16-07, April 27, 2007

Issue 15-07, April 20, 2007

Issue 14-07, April 13, 2007

Issue 13-07, April 5, 2007

(Back to Other 2007 Reports)

Issue 16-07 — April 27, 2007

Senate Budget Debate

The Senate completed its work on the budget bill in near record time this year. The discussion of the appropriations bill was marked by the lack of sharp disagreement between the Senators. The budget now goes back to the House, where the House traditionally replaces the Senate version with the House passed version, and it goes to a conference committee to work out the differences.

During the Senate debate, a proviso which originally had the sheriffs collecting a sex offender registration fee, but requiring the clerks to determine if the offender is indigent, was proposed as a floor amendment. Because of the immediate response of several clerks by e-mail to their Senator, the proviso was amended to require the sheriff to determine indigence and was adopted.

The Senate did not make any major changes from the Senate Finance version of the appropriations bill. The following are changes made on the floor of interest to counties:

Proviso 37.36: This proviso is intended to provide funding to expand the capabilities of the Department of Corrections (SCDC) to more expeditiously accept and process newly-sentenced inmates who are awaiting transfer from local jails. It provides a permanent solution to SCDC not accepting its prisoners from local jails in a timely manner, and it recognizes that SCDC must comply with its statutory obligations. The proviso was amended on the Senate floor to ensure that funds allocated to the SCDC will be used expressly for these purposes.

It is important to get the members of the House to support this proviso. Please contact your house member, and ask that they support Budget Proviso 37.36 when the budget bill returns to the House.

Proviso 62.new: This proviso authorizes the State Election Commission (SEC) to issue a security plan to ensure that fair and impartial elections are conducted. If the SEC determines that the security plan is not being followed, it may file a petition in court to ensure that the security plan is followed.

Proviso 73.10: The Senate amended this proviso to allocate unexpended revenue and requires the first $50 million to address other post employment benefits (OPEB).The next $50 million will go to the Department of Commerce to be used to establish an Infrastructure Fund for Capital Improvements to provide financial assistance to counties with a population of less than 100,000. The assistance provided includes water, wastewater and transportation infrastructure needs. The first $25 million in additional funds are dedicated to the I-95 corridor, and the next $25 million are to be utilized for interchanges located on other interstate highways. Counties are required to provide a dollar-for-dollar match in order to obtain the funds.

House Floor Action

The House remained in session for most of the day all week in order to move House bills over to the Senate before the May 1 deadline. Those bills of interest to county officials include:

Campers and Large Boats – S. 139. This bill received second reading in the House, and a motion is pending to reconsider that vote. That vote will be taken Tuesday. The bill, as it now stands, makes the assessment ratio for all boats with a head, a bed and a galley 6 percent, instead of the current county option to drop the assessment ratio. S. 139 also makes the assessment ratio on "pull behind" campers with a head, a bed and a galley 6 percent. The total fiscal impact of this provision is $5.9 million in either lost revenue or taxes shifted to other classes of property.

Six (6) percent Assessment Ratio on All Boats and Motors – H. 3765. This bill was amended to authorize the county by ordinance to exempt enough of the value of all boats and motors to make the effective assessment ratio 6 percent. There is also a provision to toll the running of the number of days in the boat tax situs provision when a boat is under repair. H. 3765 has passed the House and is now in the Senate.

Agritourism – H. 3568. This bill allows for additional supplemental and incidental uses of an agricultural use valued parcel which would not disqualify the parcel from receiving the ag use value. H. 3568 has passed the House and is now in the Senate.

Tax Bill – H. 3372. This is a big technical bill from DOR which includes a number of tax changes and cleanup provisions. Many of the property tax provisions were deleted. The millage rate limitation clarification to deem a loss of population to be zero, instead of a reduction in the CPI element of the formula, was added to the bill. Another amendment made numerous changes to the fee in lieu of tax (FILOT) statutes including: allowing a 10-year extension of a fee in lieu of tax agreement, making changes to the special source revenue bond or FILOT credit amounts, and reducing the threshold investment amount for a 4 percent FILOT agreement. Another amendment broadens the investments counties may make under Section 6-5-10(a) to include a number of federally-backed instruments and state and local revenue bonds. H. 3372 has passed the House and is now in the Senate.

Delinquent Boat Taxes – H. 3233. This bill clarifies that for purposes of the title transfer freeze, property taxes prior to 2000 are not cause to freeze the title. H. 3233 has passed the House and is now in the Senate.

Tax Credits for Land Taken for Bike and Pedestrian Paths – H. 3015. This legislation allows landowners who have land taken for sidewalks or bike and pedestrian paths to take a credit against their property taxes or income tax in lieu of cash payments for condemned property. H. 3015 has passed the House and is now in the Senate.

RV Valuation – H. 3544. This bill clarifies that an RV with a head, a bed and a galley, which is deemed to be real property by statute must be revalued each year in the same manner as other motor vehicles. H. 3544 has passed the House and is now in the Senate.

Traffic Ticket Diversion Program – H. 3572. This legislation would allow a first-time traffic offender to avoid a conviction, including the fine and points, if they enter an education or public service program. The committee amendment deletes the $40 sent to the arresting jurisdiction and gives the entity which runs the program the full $140. The theory is that the entity running the program could retain any of the participation fee not used to run the program. H. 3572 is still pending second reading on the contested House calendar.

Removal of Election Officials – H. 3449. This bill requires members and employees of a County Board of Voter Registration or Election Commission to be removed by the Governor, if they have not fulfilled the training provided by the State Election Commission. H. 3449 has passed the House and is now in the Senate.

TIF Districts – H. 3830. This bill would require additional findings before adoption of a redevelopment plan by a county or municipality, and seeks to clarify the application of municipal and county tax increment finding laws to intergovernmental agreements. H. 3830 has passed the House and is now in the Senate.

Dual Office Holding – H. 3511 and H. 3804. These bills make an exception to the dual office holding prohibition for law enforcement officers and correction officers as long as they do not hold an office in the jurisdiction of their employment. H. 3804 amends the constitution, and H. 3511 is the statutory implementation language. Both bills have passed the House and are now in the Senate.

Statutory OPEB Trust Fund – H. 3789. This bill creates a statutory trust fund for the state and school districts to hold and invest other post employment benefits (retiree health insurance benefits) known as OPEB funds. H. 3789 has passed the House and is now in the Senate. The bill did not include an amendment to allow local governments to invest their OPEB funds in the state's trust fund. This amendment will probably require a good deal more work to make it acceptable to the Investment Commission and others involved.

Workers' Compensation Reform — S. 332

A House LCI subcommittee held its second hearing on S. 332. Testimony was provided by the chairman of the Workers' Compensation Commission, among others. This bill has been scheduled for another hearing on Wednesday, May 2, at 9 a.m. The subcommittee members are Reps. Chellis (Chairman), Anderson, Dantzler, Haley and Thompson.

Other Actions of Interest

Priority Investment Act - S. 266. This bill was approved without changes by the House Judiciary Special Laws Subcommittee. S. 266 allows local governments to set aside certain housing regulatory requirements as an incentive to encourage development of affordable housing in priority investment areas. The bill also requires the comprehensive land use plan for a jurisdiction to be updated at its next scheduled revision to reflect the new elements for transportation and priority investment areas.

Joint Authority Water and Sewer Systems – H. 3711. This bill was reported favorably by a Senate Judiciary subcommittee. The subcommittee will recommend that general purpose local governments have the authority to approve the creation of authorities in their areas of service. H. 3711 will now be sent to the Senate Judiciary Committee.

Presidential Primaries – S. 99. This bill authorizes the State Election Commission to conduct presidential primaries with the parties setting the date for primaries, along with an amendment to increase the candidate filing fees and a new tax check-off to defray state expenses. S. 99 has passed the Senate and is now in the House.

Removal of Election Officials – S. 327. This is the companion bill to H. 3449 discussed above. This bill requires members and employees of a County Board of Voter Registration or Election Commission to be removed by the Governor, if they have not fulfilled the training provided by the State Election Commission. S. 327 received a favorable report from a House Judiciary subcommittee.

Special Elections – H. 3858. This bill provides that if a vacancy occurs in more than one office in the same county requiring separate primaries or special elections to be held within a period of 28 days, the Election Commission conduct all elections on the same date. A House Judiciary subcommittee gave this bill a favorable report.

Family Court Privacy – S. 584. This bill provides that a financial declaration in a family court proceeding must be sealed. S. 584 came up for debate briefly this week in the Senate, but is still pending second reading on the contested Senate calendar.

Military Base Development Rights and Millage Cap Exemption – H. 3812. This bill creates an exemption from the millage rate cap for purchase of residential development rights on land surrounding a military base. It was recalled from committee to the House floor this week and is pending second reading.

What's Coming Up?

The schedule of House and Senate committee meetings is updated continuously and can be found on the web at www.scstatehouse.gov. Just click on the meetings link under both the House and Senate sections of the page. At the time this Friday Report was written, these were the meetings of interest.

Eminent Domain Study Committee – Wednesday, May 2 at 4 p.m.

House Criminal Laws Subcommittee – Wednesday, May 2 at 9 a.m. The subcommittee will take up S. 446 to create an indigent defense system similar to the solicitors' system and H. 3934, which is the Judicial Enhancement Act including numerous pro-visions for circuit court procedural changes and family court hearing officers.

House Judiciary Committee – Tuesday, May 1 at 2:30 p.m. The committee has two bills on its agenda: H. 3496 on DUI and H. 3880 to expand the brownfields cleanup statutes to cover petroleum contaminated sites.

House Transportation and Roadways Subcommittee – Tuesday, May 1 at 2:30 p.m. The subcommittee will take up H. 3279 to create a Mobility Development Authority as a division of the Budget and Control Board relating to mass transit.

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, fax to 1 (803) 252-0379 or send e-mail. You can view or download bills by clicking on the bill number.

House Bills

H. 3961 – provides for the payment of weekly compensation and medical treatment ordered by the Workers' Compensation Commission during the pendency of an appeal, and provides for the payment of interest on the unpaid portion of the award not paid during the pending of an appeal.

H. 3962 – provides for the inclusion of the cost of health, life and disability insurance premiums and retirement contributions within the definition of average weekly wages under a Worker's Compensation claim, and that allowances made to an employee as part of a verbal or written wage contract are counted as part of their earnings.

H. 3963 – allows an employee to bring an action against an employee or carrier for a willful, intentional or reckless injury resulting from the violation of a state, federal or local statute or regulation.

H. 3965 – extends the time period for requesting the review of a Workers' Compensation award for a change of condition from 12 months to two years.

H. 3966 – provides that a Workers' Compensation carrier's lien on proceeds of a third party settlement for future compensation and medical benefits are subject to equitable apportionment.

H. 3975 – authorizes a county by ordinance to postpone reassessment for one additional year.

H. 3999 – authorizes federal law enforcement officers to enforce certain state criminal laws.

Senate Bills

S. 705 – provides that 1 percent of the state deed recording fee and 3 percent of the registration fee for motor vehicles be remitted to each county to be used for customer service, technology, training and document preservation.

S. 710 – enacts the "Wetlands Restoration Act."

S. 711 – authorizes an income tax credit for taking prevention measures against catastrophes and natural disasters, such as retrofitting a home to make it more resistant to hurricanes.

S. 713 – provides for a county by ordinance to postpone reassessment for one additional year.

S. 714 – defines a political awareness organization, and requires their registration with the State Ethics Commission.

S. 715 – provides a reimbursement procedure for a governmental entity that has assumed the cost of training a law enforcement officer to be reimbursed by the governmental entity that subsequently hires the officer.

S. 722 – provides for criminal penalties against a person who interferes with, resists or assaults a person authorized to serve process that is not a law enforcement officer.

S. 723 – authorizes a judge or solicitor eligible for retirement to retire and receive their retirement allowance while continuing to work, and that their employer and employee contributions must be paid as if they were an active contributing member to the retirement system.

Ratification of Acts

The following bills have been passed by both chambers and are now before the Governor for signature or veto:

(R. 25) S. 153 – amends the State Constitution by providing that real property taxes must be assessed in accordance with the methods provided by the General Assembly, and the General Assembly shall establish a method of valuation for the assessment of real property within the state.

(R.26) S. 155 – provides that private property must not be condemned by eminent domain for any purpose or benefit including, but not limited to, economic development, unless the condemnation is for public use; except that eminent domain may be used for remedying blight.

(R.33) H. 3115 – authorizes the creation of a special purpose district which only provides sewage collection and disposal services to utilize any method of financing authorized by law for the construction of sewer lateral collection lines.

(R.36) H. 3509 – enacts the "William C. Mescher Local Housing Trust Fund Enabling Act," which allows local governments to create a local or regional housing trust fund.

Issue 15-07 — April 20, 2007

Next week will be primarily devoted to floor debate in both the House and Senate. The House is expected to remain in full session longer in order to give House bills an opportunity to be passed before the procedural May 1 deadline becomes a factor. The Senate will be working on the budget.

Senate Budget Debate

The Senate will take up the General Appropriations Bill next Tuesday. The Senate has stated that it will not consider any Part II provisos which the House included in the budget. However, Senate Finance adopted S.656, which provides for the phasing out of the state sales tax on food. It is likely that this bill will be used as a vehicle for those items the House included as Part II permanent provisos. Some of the differences between the Senate Finance version and the House version of the budget are:

We appreciate the hard work of Sen. Mike Fair in proposing a permanent solution to this problem and the Senate Finance Committee for its support of this budget proviso.

Please ask your Senators to support Budget Proviso 37.36 when the budget bill is debated on the Senate floor.

Proviso 53.17: The House adopted $2 million to be distributed by DOT to the County Transportation Committees (CTCs). This proviso states that these dollars shall be distributed the same way as the gasoline user fee is distributed to CTCs and must be used for state road repairs. Senate Finance Committee deleted this proviso.

Proviso 62.1:Senate Finance amended this proviso, which states that the maximum amount of compensation for County Registration Board Members and County Election Commissioners may not exceed the $12,500 per county limit. If the number of appointments in a county exceeds eight members, compensation shall be reduced on a pro rata basis in order to adhere to the $12,500 per county limit.

Proviso 62.7: The House amended this proviso to require the State Election Commission to withhold the stipend of members of the County Board of Voter Registration and County Election Commission, if they do not complete the training and certification program or fail to complete at least one training course in a year. Senate Finance further amended the proviso to require the commission to make the courses available in various locations—including the upstate, coastal and midlands areas of the state.

Proviso 63.37: Senate Finance amended this proviso to establish guidelines for the Grants Review Committee.

Proviso 63.52: This proviso directs the State CIO to administer and coordinate First Responder Interoperability operations for the statewide Palmetto 800 MHz radio system. Although both the House and Senate Finance versions allocate grant funds to county and city 800 MHz systems to purchase equipment that supports interoperability with the Palmetto 800 MHz system, the Senate Finance version requires a two-for-one match at the local level. Additionally, the Senate Finance version places less money on the line for these purposes.

Proviso 72.103: The House inserted this proviso that exempts all counties which collect more than $900 in state accommodations tax revenue from Sunday retail sales regulations commonly referred to as "Blue Laws." Senate Finance deleted this proviso.

Proviso 72.107: The House inserted this proviso, which requires the Clerk of Court to give a 10-day notice, by either e-mail or U.S. mail, to the attorney of record or a pro se individual that the court roster is available on the Internet. Senate Finance deleted this proviso.

Proviso 73.10: The Senate Finance Committee adopted this proviso which provides that if there is any unexpended revenue, the first $50 million will go to address OPEB. The next $50 million will go to the Department of Commerce and be utilized to establish an Infrastructure Fund for Capital Improvements to provide financial assistance to counties with a population of less than 150,000. The assistance provided includes water, wastewater and transportation infrastructure needs. Of the Commerce funds, the first $25 million are dedicated to the I-95 corridor, and the next $25 million are to be utilized for interchanges located on other interstate highways in South Carolina. Counties are required to provide a dollar-for-dollar match in order to obtain the funds.

House Calendar Has Numerous Bills of Interest

There are numerous bills pending debate on the House calendar next week. Those of interest to county officials include:

Campers and Large Boats – S. 139. This bill was amended to make the assessment ratio for all boats with a head, a bed and a galley 6 percent, instead of the current county option to drop the assessment ratio. This provision is in addition to the provisions making the assessment ratio on campers with a head, a bed and a galley 6 percent. The total fiscal impact of this provision is $5.9 million in either lost revenue or taxes shifted to other classes of property. S. 139 is pending second reading.

Six (6) percent Assessment Ratio on All Boats and Motors – H. 3765. This bill was amended to authorize the county by ordinance to exempt enough of the value of all boats and motors to make the effective assessment ratio 6 percent. The changes to the boat situs statutes were deleted, but a provision to toll the time period which counts when a boat is undergoing repairs is being worked out as a floor amendment. H. 3765 is pending second reading.

Agritourism – H. 3568. This bill allows for additional supplemental and incidental uses of an agricultural use valued parcel which would not disqualify the parcel from receiving the ag use value. H. 3568 is pending second reading.

Tax Bill – H. 3372. This is a big technical bill from DOR which includes a number of tax changes and cleanup provisions. Provisions discussed here were added to the bill as introduced: a statement to explicitly make the Revenue Procedures Act applicable to property tax disputes beginning after tax year 2000; a provision to allow DOR to issue a determination letter to a local tax official giving them 15 days to respond in writing as to the county official's agreement or disagreement with the determination and allowing DOR to file a contested case with the Administrative Law Courts if the local official disagrees; and a clean up provision to address TIF district bond funding after last year's property tax legislation. H. 3372 is pending second reading.

Delinquent Boat Taxes – H. 3233. This bill clarifies that for purposes of the title transfer freeze, property taxes prior to 2000 are not cause to freeze the title. H. 3233 is pending second reading.

Tax Credits for Land Taken for Bike and Pedestrian Paths – H. 3015. This legislation allows landowners who have land taken for sidewalks or bike and pedestrian paths to take a credit against their property taxes or income tax in lieu of cash payments for condemned property. H. 3015 is pending second reading.

RV Valuation – H. 3544. This bill clarifies that an RV with a head, a bed and a galley, which is deemed to be real property by statute must be revalued each year in the same manner as other motor vehicles. H. 3544 is pending second reading.

Traffic Ticket Diversion Program – H. 3572. The House Judiciary Committee reported H. 3572 out favorably with amendments. This legislation would allow a first-time traffic offender to avoid a conviction, including the fine and points, if they enter an education or public service program. The committee adopted an amendment to delete the $40 sent to the arresting jurisdiction and give the entity which runs the program the full $140. The theory is that the entity running the program could retain any of the participation fee not used to run the program. H. 3572 is pending second reading.

Removal of Election Officials – H. 3449. This bill requires members and employees of a County Board of Voter Registration or Election Commission to be removed by the Governor, if they have not fulfilled the training provided by the State Election Commission. The House Judiciary Committee reported the bill out favorably, and it is pending second reading.

TIF Districts – H. 3830. This bill would require additional findings before adoption of a redevelopment plan by a county or municipality, and seeks to clarify the application of municipal and county tax increment finding laws to intergovernmental agreements. H. 3830 was recalled to the House floor from committee this week and is pending second reading.

Dual Office Holding – H. 3511 and H. 3804. The Judiciary Committee gave a favorable report to both of these bills. The bills make an exception to the dual office holding prohibition for law enforcement officers and correction officers, as long as they do not hold an office in the jurisdiction of their employment. H. 3804, which amends the constitution to permit this exception, passed the House. H. 3511, the statutory implementation language, is pending second reading on the House calendar.

Workers' Compensation Reform — S. 332

A House LCI subcommittee held its first meeting on S. 332 on Tuesday. The subcommittee members are Representatives Chellis (Chairman), Anderson, Dantzler, Haley and Thompson. This is the same subcommittee that took up a similar bill last year; consequently, it's not certain how many sub-committee meetings will be necessary. The next subcommittee meeting is Wednesday at 9 a.m.

Abandoned Mobile Homes — S. 267 and H. 3456

All interested parties have signed off on this legislation, which will provide a much needed mechanism to address the problem of abandoned mobile homes. Homes will pay a $25 dollar fee when locating in the county; the county of the property owner can have the homes removed. The owner of the mobile home is liable for the costs of removal and demolition. The county may remove uncollectible taxes and fees from the delinquent books. The bill will be on the next Senate Judiciary Committee agenda.

OPEB/GASB 45 — S. 463 and H. 3789

Constitutional Amendment to Allow Equity Investment – S. 463. A Senate Judiciary subcommittee met on S. 463, the constitutional amendment to allow the state to invest post retirement health insurance (OPEB) funds in equity investments. The subcommittee adopted an amendment to provide for investment of local government OPEB funds in the same instruments as state funds, and passed it out with a favorable recommendation.

Statutory OPEB Trust Fund – H. 3789. This bill creates a statutory trust fund for the state and school districts to hold and invest OPEB funds and is on the calendar of the House awaiting second reading. We are working with the State Retirement System on mutually agreeable language, so that the bill can be amended to allow county participation in the equity investing program by contract with the state (the Retirement System oversees the state Investment Commission which invests state funds in the equity markets).

Electronic Recording Act — H. 3451

This bill provides for the electronic recording and handling of land title documents in the recorder's and clerk of court's office. H. 3451 is a collaborative effort among the recorders of deeds, title insurance companies, realtors and other parties. This bill gives counties the option to implement an electronic recording program. The House Special Laws Subcommittee gave this bill a favorable report, and it will be on the next House Judiciary Committee agenda. All of the parties are also working on an amendment to authorize a flat $2 per document, except liens, to help fund the expense of creating an electronic records system.

Other Actions of Interest

Property Tax Constitutional Amendment Ratification - S. 153. This bill ratifies the voter-approved constitutional amendment from last November. S. 153 has passed both chambers and is enrolled for ratification. The amendment will become effective upon ratification.

Rural Infrastructure Fund - H. 3666. This legislation creates an independent Rural Infrastructure Fund to manage additional appropriations in the House version of the budget. A House Ways and Means subcommittee gave H. 3666 a favorable report.

Presidential Primaries – S. 99. This bill authorizes the State Election Commission to conduct presidential primaries with the parties setting the date for primaries, along with an amendment to increase the candidate filing fees and a new tax check-off to defray state expenses. S. 99 is pending third reading on the Senate calendar.

First Responder Building Mapping – S. 175. This bill requires the S.C. Emergency Management Division to create and operate a statewide first responder building mapping information system. A local governmental entity may establish a first responder building mapping information system or participate in the statewide first responder building mapping information. It passed the Senate and is in the House.

Immigration – S. 392. S. 392 received third reading in the Senate. It requires all public sector employers to participate in the federal work authorization program, and requires every service contractor to also participate in the federal work authorization program for contracts worth more than $15,000. The bill defines a service contract as one that involves the performance of labor, if the labor cost exceeds 30 percent of the total cost or exceeds 5 percent of the total contract price. It also requires anyone applying for public benefits to verify that they are a legal resident. Finally, it authorizes SLED to negotiate a Memorandum of Understanding between the state and federal government concerning the enforcement of federal immigration and customs laws, to include training officers to enforce these laws.

Eminent Domain Constitutional Amendment Ratification – S. 155. This bill ratifies the voter-approved constitutional amendment to restrict eminent domain to public use, instead of public benefit. S. 155 has been enrolled for ratification, and the amendment will become effective upon ratification.

Military Base Development Rights and Millage Cap Exemption> – H. 3812. A House Ways and Means subcommittee gave a favorable report to H. 3812. This bill creates an exemption from the millage rate cap for purchase of residential development rights on land surrounding a military base.

Reimbursement for Officer Training – H. 3326. This legislation requires reimbursement of training expenses to a governmental entity from which an officer is hired by another governmental entity within two years of completing training. The House Special Laws Subcommittee gave this bill a favorable report.

Clean Indoor Air – H. 3119 and S. 186. H. 3119 was reported favorably to the House Judiciary Committee. The bill was amended, and it was clear that the subcommittee wants to preempt the field in the area of smoking bans. The subcommittee was very concerned that smoking rules not change from jurisdiction to jurisdiction. There is no grandfather clause in the bill that would protect existing local ordinances. H. 3119 will be on the next House Judiciary Committee agenda. S. 186 specifically preempts local ordinances pertaining to banning smoking in public places other than local government buildings. S. 186 also expands the state law banning smoking. The Senate Judiciary Committee gave S. 186 a favorable report with an amendment that would ban smoking in restaurants, while allowing bars to apply for a smoking permit.

Emergency Health Powers – H. 3852. This bill expands DHEC's Emergency Health Powers by making failure to comply with an isolation or immunity order a felony, and gives broader discretion to handle death certificates and autopsies in these emergency situations. The House Special Laws Subcommittee gave this bill a favorable report

Disturbing Schools – S. 198. This bill revises the existing offense of disturbing a school and imposes a jail term of 90 days to one year. S. 198 is pending second reading on the contested Senate calendar.

Joint Authority Water and Sewer Systems – H. 3711 and S. 567. These bills authorize county involvement in joint water and sewer systems, without changing other requirements for counties to begin providing water and sewer service. H. 3711 passed the House and is in the Senate. S. 567 received a favorable report from a Senate Judiciary subcommittee and will be on the next meeting agenda.

Family Court Privacy – S. 584. This bill provides that a financial declaration in a family court proceeding must be sealed. S. 584 is pending second reading on the contested Senate calendar.

Brownfields – H. 3880. This bill expands the brownfields voluntary cleanup statutes to cover petroleum product contamination at an industrial or commercial site by parties who acquire the property, but are not responsible for the environmental contamination. The House Special Laws Subcommittee gave this bill a favorable report, and it will be on the next House Judiciary Committee agenda.

Destruction of Criminal Records – H. 3779. This measure prohibits charging a fee for expunging a criminal record when charges are dismissed or the defendant is found not guilty. H. 3779 will be on the next House Judiciary Committee agenda.

Military Base Protection – H. 3016. This bill would create the South Carolina Military Preparedness and Enhancement Commission for the purpose of enhancing the value of military facilities in this state. One of the ways it will accomplish this goal is by establishing a revolving loan account to provide loans to assist defense communities. If approved, H. 3016 would become effective January 2011. H. 3016 received a favorable report from the House Special Laws Subcommittee.

Uniform Expungement – S. 110. This piece of legislation provides for a uniform procedure for the expungement of criminal records. The Senate Judiciary Subcommittee gave this bill a favorable report.

Affordable Housing Trust – H. 3509. This bill would allow a local government to create and operate a local housing trust fund or a regional housing trust fund. H. 3509 was amended in the Senate to grandfather the housing trust fund that is currently operating in Charleston. H. 3509 has been enrolled for ratification.

Sheriff Attorney – H. 3771. This bill allows a sheriff or deputy sheriff who is also a licensed attorney to practice law. The House Special Laws Subcommittee gave this bill a favorable report.

What's Coming Up?

Priority Investment Act – S. 266. This bill allows local governments to set aside certain housing regulatory requirements as an incentive to encourage development of affordable housing in priority investment areas. The bill was amended to require the comprehensive land use plan for a jurisdiction to be updated at its next scheduled revision (instead of within two years of the effective date) to reflect the new elements for transportation and priority investment areas. S. 266 is scheduled to be heard on Wednesday at 9 a.m.

House Election Laws Subcommittee This House Judiciary subcommittee will meet at 9 a.m. to consider: H. 3858 to allow the Election Commission to hold multiple special election primaries on the same day; H. 3541 to designate general election day as a state holiday; and S. 327 to provide for the removal of election officials who do not complete the State Election Commission training courses.

Newly-Introduced Legislation

House Bills

H. 3896 – extends the time a piece of property can qualify for the annual fee in lieu of taxes for an additional 10 years by resolution of the county; extends the maximum time a construction project qualifies for a fee from 30 years to 40 years; and revises the qualifications for the 4 percent assessment ratio. This is identical to H. 3848 that was introduced last week with the exception that it omits the provision in H. 3848 that allows a sponsor to invest at least $6 million to qualify for a 4 percent assessment ratio.

H. 3898 – requires 911 systems to have the capacity to receive text messaging contacts.

H. 3900 – provides for a state income tax credit equal to 30 percent of the cost to the taxpayer for the purchase and installation of a solar or wind energy system on property in this state.

H. 3904 – enacts the "South Carolina Inclusionary Zoning Act."

H. 3907– provides for an alternative period for certain claimants of benefits under the South Carolina Employment Security Law.

H. 3917 – redefines criminal sexual conduct in the first degree by changing the age of the victim from 16 to 17.

H. 3922 – allows a judge or solicitor who is eligible for retirement to receive 90 percent of their current salary while continuing to serve in their employment capacity, and that the employer and employee contributions must be paid as if the judge or solicitor were an active contributing member of the retirement system.

H. 3934 – enacts the "Judicial Enhancement Act."

H. 3939 – provides for the civil enforcement of certain traffic laws by the use of traffic patrol signal monitoring devices

Senate Bills

S. 675 – authorizes the appointment of utility police officers.

Issue 14-07 — April 13, 2007

Senate Budget Debate

The Senate Finance Committee has nearly finished its work on provisos and will begin full committee work on the money portions of the budget bill this morning. An outline of provisos and other items of interest to county officials will come next week.

There has been a tremendous amount of staff time put into the proviso dealing with the Corrections Department's acceptance of sentenced state prisoners. SCAC staff and jail administrators met with SCDC and the Governor's Office staff, and Sen. Fair has met with the Governor's Office staff and SCDC's Director.

SCDC continues to insist upon a schedule of deliveries limited to one day with assurances that any prisoners the county could not transport on the scheduled day would be accepted on another day. This is essentially a different angle on imposing a quota on admissions, and leaves the county holding state prisoners up to a week.

SCDC continues to point out that it has no way to plan for who is delivered for their custody, but is not interested in the detention centers' inability to plan who gets arrested and put in jail or when defendants previously out on bail are sentenced. SCDC has made no attempts to address their obligation under the statutes to transport the prisoners from the detention center to the state Reception and Evaluation (R&E) Center.

The last "compromise" version of the proviso made no reference to a schedule for counties to deliver prisoners to Kirkland, Perry or Lieber, but encouraged counties to enter into agreements on a delivery schedule so that SCDC could manage their intake of prisoners. This was initially accepted by the Governor's Office, then rejected by SCDC.

At this time, Sen. Fair's proviso is in the Finance Committee version of the budget along with $1.9 million to fund expansion of capacity at the R&E Center. SCAC will continue to talk with the other interested parties to seek mutually agreeable language.

House Ways and Means Takes Up Numerous Property Tax Bills

There were a number of bills concerning property taxation considered in various House Ways and Means subcommittees and later in the full Ways and Means Committee this week. Those bills are summarized briefly below with their status:

Agritourism – H. 3568. This bill allows for additional supplemental and incidental uses of an agricultural use valued parcel which would not disqualify the parcel from receiving the ag use value. Those uses include wineries, educational tours, historical reenactments, farm stores, arts and crafts demonstrations, processing demonstrations, antique villages, dude ranches, etc. H. 3568 was given a favorable report and will be pending second reading on the House calendar next week.

Tax Bill – H. 3372. This is a big technical bill from DOR which includes a number of tax changes and cleanup provisions. Provisions discussed here were added to the bill as introduced: a statement to explicitly make the Revenue Procedures Act applicable to property tax disputes beginning after tax year 2000; a provision to allow DOR to issue a determination letter to a local tax official giving them 15 days to respond in writing as to the county official's agreement/disagreement with the determination, and allowing DOR to file a contested case with the Administrative Law Courts if the local official disagrees; and a cleanup provision to address TIF district bond funding after last year's property tax legislation. H. 3372 will be pending second reading on the House calendar next week.

Property Tax Constitutional Amendment Ratification – S. 153. This bill ratifies the voter-approved constitutional amendment from last November. S. 153 will be pending second reading on the House calendar next week.

Campers and Large Boats – S. 139. This bill was amended to make the assessment ratio for all boats with a head, a bed and a galley 6 percent, instead of the current county option to drop the assessment ratio. This provision is in addition to the provisions making the assessment ratio on campers with a head, a bed and a galley 6 percent. The total fiscal impact of this provision is $5.9 million in either lost revenue or taxes shifted to other classes of property. S. 139 will be pending second reading on the House calendar next week.

Delinquent Boat Taxes – H. 3233. This bill clarifies that for purposes of the title transfer freeze, property taxes from prior to 2000 are not cause to freeze the title. H. 3233 will be pending second reading on the House calendar next week.

Tax Credits for Land Taken for Bike and Pedestrian Paths – H. 3015. This legislation allows landowners who have land taken for sidewalks or bike and pedestrian paths to take a credit against their property taxes or income tax in lieu of cash payments for condemned property. H. 3015 will be pending second reading on the House calendar next week.

RV Valuation – H. 3544. This bill clarifies that an RV with a head, a bed and a galley which is deemed to be real property by statute must be revalued each year in the same manner as other motor vehicles. H. 3544 will be pending second reading on the House calendar next week.

Six (6) percent Assessment Ratio on All Boats and Motors – H. 3765. This bill was amended to authorize the county by ordinance to exempt enough of the value of all boats and motors to make the effective assessment ratio 6 percent. The changes to the boat situs statutes were deleted, but a provision to toll the time period which counts when a boat is undergoing repairs is being worked out as a floor amendment. H. 3765 will be pending second reading on the House calendar next week.

Homestead Valuation Freeze – H. 3300. All homes which receive the homestead exemption for elderly and disabled owners would have had their valuation frozen and not subject to a 15 percent increase at each reassessment under the terms of H. 3300. This bill was carried over in subcommittee.

Common Ownership Ag Use and Attorney Fees – H. 3079. This bill would have extended the agricultural use valuation to all parcels of land under identical ownership of a person owning a qualified ag use parcel. The subcommittee adjourned debate on this bill and indicated that it wished to proceed later with only the provision which awards attorney's fees to any landowner appealing a denial of ag use valuation.

Legal Residence – H. 3810. This bill creates a 90-day safe harbor for renting of a home without losing the legal residence assessment ratio. A House Ways and Means subcommittee carried over H. 3810 for further study.

Workers' Compensation Reform — S. 332

The Senate gave third reading to the bill and sent it to the House. S. 332 is a mixed bag, but is probably the best bill the Senate could pass and did fix some of the most critical problems.

First, it phases out the Second Injury Fund (SIF) over the next five years. Secondly, it addresses the problems raised in the Ellison case. Although the language in the Ellison fix needs tightening, combining the effects of an injury to a single unrelated pre-existing condition would no longer be allowed. Third, the rule that a 50 percent loss of use to the back is deemed a permanent and total disability has been reduced to a rebuttable presumption. In other words, the employer can rebut the presumption by showing that the employee with a 50 percent loss of use to the back has returned to work.

As a compromise, the Senate increased the amount of the award for a back injury of 50 percent or greater from 300 weeks to 500 weeks, which is the award for a permanent and total injury; injuries of less than 50 percent to the back remain at 300 weeks. What this means is that a 50 percent back injury that would have been awarded 500 weeks would now be awarded 250 weeks, if the employer can show that the employee is still working. A 70 percent injury would be awarded 350 weeks, etc.

One significant problem that was not fixed was Repetitive Trauma. Repetitive Trauma is a problem because it allows claimants to recover for the normal diseases of aging, such as degenerative disc disease. The existing problems of contacting a claimant's doctor (Brown v. Bi-Lo) were made worse; the decision in Therrell v. Johnny's Inc. (injuries to previously unscheduled body parts, particularly knees and shoulders), was made worse by scheduling the knees and shoulders at a high rate.

A House LCI subcommittee will take up S. 332 on Tuesday. The subcommittee members are Reps. Chellis, Anderson, Dantzler, Haley and Thompson. SCAC will continue to work on this issue to get some reasonable cost levels.

Traffic Ticket Diversion Program — H. 3572

Two weeks ago, a House Judiciary subcommittee reported H. 3572 out favorably with amendments. This legislation would allow a first-time traffic offender to avoid a conviction, including the fine and points, if they enter an education or public service program. The subcommittee amendment sent the arresting jurisdiction $40 of the $140 participation fee to make up part of the lost fine revenue used to support the court system.

At House Judiciary Committee next Tuesday, an amendment will be offered to delete the $40 sent to the arresting jurisdiction and give the entity which runs the program the full $140. The theory is that the entity running the program could retain any of the participation fee not used to run the program. Because the solicitor's office is allowed to determine who runs the program, it is likely that all programs in the unincorporated area will be run by the solicitor. Should this amendment pass, state agencies will be completely held harmless under the bill with no hold harmless in place for counties. Please contact the members of House Judiciary Committee and ask that they hold the counties harmless in the same manner as state agencies.

Other Actions of Interest

Indigent Defense Act - S. 446. This bill changes the indigent defense system structure to mirror the circuit solicitor's system by making circuit public defender employees county employees, and the county will be reimbursed by the public defenders offices for these expenses. S. 446 also codifies a budget proviso to prohibit reduction of county funding for indigent defense below the funding in the previous fiscal year. The Senate gave the bill third reading, and it is in the House.

Election Training Enforcement - S. 327 and H. 3449. These bills require members and employees of a County Board of Voter Registration or Election Commission to be removed by the Governor, if they have not fulfilled the training provided by the State Election Commission. S. 327 passed the Senate and is in the House. H. 3449 is scheduled to be before the House Judiciary Committee next Wednesday.

Presidential Primaries – S. 99. This bill authorizes the State Election Commission to conduct presidential primaries with the parties setting the date for the primaries, along with an amendment to increase the candidate filing fees and a new tax check-off to defray state expenses. S. 99 passed the Senate and is in the House.

Bail Bondsmen Deposits – H. 3330. This bill requires the S.C. Emergency Management Division to create and operate a statewide first responder building mapping information system. A local governmental entity may establish a first responder building mapping information system or participate in the statewide first responder building mapping information. It passed the Senate and is in the House.

Eminent Domain Study Committee. The Senate has approved a bill extending the reporting time until May 31. This week's meeting was cancelled.

Ratification of Eminent Domain Constitutional Amendment – S. 155. S. 155 was reported out of House Judiciary Committee. This is not to be confused with the work of the Eminent Domain Study Committee.

Adult Businesses – H. 3679. This bill was held in subcommittee after a second hearing. SCAC is on record requesting that counties retain the authority to enact local regulations and that existing ordinances be grandfathered.

First Responder Building Mapping – S. 175. This bill requires the S.C. Emergency Management Division to create and operate a statewide first responder building mapping information system. A local governmental entity may establish a first responder building mapping information system or participate in the statewide first responder building mapping information system. Senate Judiciary Committee gave a favorable report to S. 175, and it is pending second reading on the Senate calendar.

Jobs Tax Credit – S. 408. This bill provides that a county's designation for job tax credit may not be lowered in credit amount more than one tier in the following year, as a result of the annual ranking and designation of counties by DOR. This bill was ratified, but vetoed by the Governor. Both the House and Senate overrode the Governor's veto, and this bill has now become law.

Priority Investment Act – S. 266. This bill allows local governments to set aside certain housing regulatory requirements as an incentive to encourage development of affordable housing in priority investment areas. The bill was amended to require the comprehensive land use plan for a jurisdiction to be updated at its next scheduled revision (instead of within two years of the effective date) to reflect the new elements for transportation and priority investment areas. S. 266 was passed by the Senate and is in the House.

Disturbing Schools – S. 198. This bill revises the existing offense of disturbing a school and imposes a jail term of 90 days to one year. The Senate Judiciary Committee deleted a phrase which required those sentenced to be housed in county jails, and it is pending second reading on the Senate calendar.

Joint Authority Water and Sewer Systems – H. 3711. This bill authorizes county involvement in joint water and sewer systems without changing other requirements for counties to begin providing water and sewer service. H. 3711 received a favorable report from the House Judiciary Committee.

Family Court Privacy – S. 584. This bill provides that a financial declaration in a family court proceeding must be sealed. The bill received a favorable report from the Senate Judiciary Committee.

Public Official Privacy – H. 3226. This bill allows a public official that has conflict of interest to remain in office if they comply with the recusal requirements, and allows an individual or business associated with the public official to represent a person before a local government entity. The Governor vetoed this bill. The House and Senate overrode the veto, and the bill now becomes law.

Duel Office Holding – H. 3511 and H. 3804. The Special Laws Subcommittee gave a favorable report to both of these bills. The bills make an exception to the dual office holding prohibition for law enforcement officers and correction officers, as long as they do not hold an office in the jurisdiction of their employment. Both bills will be on the House Judiciary Committee agenda next Tuesday.

EMT Background – H. 3304. This bill requires criminal background checks before employment as an EMT or renewal of an EMT license. The bill received third reading in the House and is now in the Senate.

Interbasin Water Transfers – H. 3486 and H. 3578. These bills relate to withdrawals of water from bodies of water flowing through South Carolina. The House Agriculture Affairs Subcommittee adjourned debate on both of these bills to gather additional information.

What's Coming Up?

The House is expected to spend more time on the floor in an effort to move some of the many bills reported out of committee this week across to the Senate before the May procedural deadline. There were not many bills scheduled for committee or subcommittee work at the time this Friday Report went to print that are not already referenced. The schedule of House and Senate committee meetings can be found on the web at www.scstatehouse.gov. Just click on the meetings link under both the House and Senate sections of the page.

Electronic Recording Act – H. 3451. The House Judiciary Special Laws Subcommittee will hold a hearing Wednesday to consider this bill relating to the electronic recording and handling of land title documents in the recorder's and clerk of court's office.

SCAC's 40th Annual Conference — August 2-5
Marriott on Hilton Head Island

Brochures for SCAC's 40th Annual Conference will be mailed to all county officials on Monday, April 16. Online registration will be available on Tuesday, April 17. Brochures for the J. Mitchell Graham Memorial Award Competition will be mailed by the end of April.

Newly-Introduced Legislation

House Bills

H. 3830 – makes tax increment financing more restrictive for counties.

H. 3848 – extends the time a piece of property can qualify for the annual fee in lieu of taxes for an additional 10 years by resolution of the county, extends the maximum time a construction project qualifies for a fee from 30 years to 40 years, and revises the qualifications for the 4 percent assessment ratio.

H. 3957 – provides penalties for failure to appear in court under certain circumstances when the person has been released on bond.

H. 3858 – amends the laws relating to the conduction of special elections requiring a primary election to fill a vacancy.

H. 3869– requires that the name of the county in which a vehicle is registered and property taxes are paid must be shown on the license plate.

H. 3870 – defines a financial institution that holds the uninsured funds on deposit of a local government entity and the state as a qualified public depository, allows the depository to secure those funds using the dedicated method or the pooling method, and authorizes the local government entity or state treasurer to require the depository to use the dedicated method.

H. 3875 – authorizes the governing body of a county to adopt by ordinance the requirement that a property owner shall keep a lot or other property clean and free of rubbish, so as not to constitute a public nuisance.

H. 3886 – allows assistant solicitors to participate in the S.C. Police Officers Retirement System.

Senate Bills

S. 642 – defines a financial institution that holds the uninsured funds on deposit of a local government entity and the state as a qualified public depository, allows the depository to secure those funds using the dedicated method or the pooling method, and authorizes the local government entity or state treasurer to require the depository to use the dedicated method

S. 652 – allows persons who qualify for the Homestead Tax Exemption to make application for the exemption by mail or internet.

S. 656 – reduces the sales tax on unprepared food from 3 percent to 1 percent effective Jan. 1, 2008.

S. 658 – requires a school district that has issued bonds or undertaken capital improvement programs within the last five fiscal years to use 50 percent of the funds provided by the state for capital improvements and renovations towards reducing the millage required to pay the debt service on the outstanding bond.

S. 660 – exempts 42.5 percent of the fair market value of a boat, including its motor if separately taxed.

S. 661 – a joint resolution to extend the timeframe in which the Eminent Domain Study Committee has to produce a report and recommendation to May 31, 2007.

S. 671 – requires that the name of the county in which a vehicle is registered and property taxes are paid must be shown on the license plate.

Issue 13-07 — April 5, 2007

The House was in an Easter recess this week and meets again on April 10. The Senate devoted its time this week to Workers' Compensation legislation and numerous subcommittee meetings.

Elimination of County Inmate Quotas STILL Within Reach

SCDC continues their reluctance to accept a proviso to the budget bill that is tied to a $4.7 million funding package for their agency. At the Annual Meeting of the S.C. Jail Administrators Association on Monday, a representative of SCDC reported that his agency had no input into the proviso and was still reviewing it. This back-and-forth exchange between Sen. Fair and SCDC has dragged on for nearly three months, and were it not for the perseverance of Sen. Fair, it would have died a long time ago. The proviso authorizes SCDC to create a "jail" within the Kirkland Correctional Institution, and requires them to accept all newly-sentenced inmates who have been transported to their custody.

Please contact members of the Senate Finance Committee, and ask them to support Sen. Fair's Proviso in SCDC's budget.

Workers' Compensation Reform — S. 332

The Senate began debate on the Workers' Compensation reform legislation this week. Thursday, the Senate appeared to be reaching a consensus on numerous provisions of the Workers' Compensation bill. The six amendments comprising the consensus were not readily available at the time this Friday Report went to print, and debate on the amendments had not been completed. The stated objective was to adopt the compromise and give the bill second reading on Thursday, but that had not yet occurred. A full analysis of any compromise will be in the next Friday Report.

OPEB/GASB 45 — S. 463 and S. 462

SCAC is leading an effort to allow political subdivisions to invest in equities to fund their other post employment benefits (OPEB) under GASB 45. Equity investments bear a higher rate of return than debt investments. The estimates are that the state could cut its unfunded OPEB liability from $9 billion to $6 billion by investing in equities. The Senate has two bills pending that address this issue. Neither of these bills currently allow the counties or cities to participate in equity investments.

Creating a Trust Fund – S. 462. This bill would create a trust fund for state and school retiree health benefits. S. 462 is in a Senate Finance subcommittee, and the subcommittee members appear inclined to allow political subdivisions to collectively contract with the state commission which invests retirement system funds in the equity market for any trust created by the political subdivisions. However, no final decision has been made.

Investing In the Equity Market – S. 463. S. 463 is a constitutional amendment to allow the trust created by S. 462 to invest its funds in the equity markets. The Senate Judiciary Committee took up S. 463, which is the constitutional amendment to authorize any trust created in S. 462 to invest in equities. This second bill is a constitutional amendment to authorize investment in equities by the state. S. 463 was discussed in Senate Judiciary Committee and recommitted to subcommittee this week. This will provide us an opportunity to work further with the subcommittee members and staff for adoption of the amendment to allow political subdivisions to invest OPEB trust funds in the equity market.

Other Actions of Interest

Elective Share - S. 94. This bill would allow a spouse to waive spousal protections after disclosure of the significance of the waiver. The Senate Judiciary Committee gave a favorable report to S. 94, and it is pending second reading on the contested calendar.

Election Training Enforcement - S. 327. This bill requires members of a County Board of Voter Registration or Election Commission to be removed by the Governor, if they have not fulfilled the training provided by the State Election Commission. The Senate Judiciary Committee gave a favorable report to this legislation this week. S. 327 was amended on the floor to grandfather election officials appointed prior to the effective date of the bill and given second reading.

Presidential Primaries – S. 99. This bill authorizes the State Election Commission to conduct presidential primaries with the parties setting the date for the primaries, along with an amendment to increase the candidate filing fees and a new tax check-off to defray state expenses. S. 99 is pending second reading on the contested calendar.

Alcohol Diversion Program – H. 3490. This bill allows 17- to 20-year-olds with a first- time alcohol related offense other than DUI to enter an alcohol education program and avoid a conviction which would jeopardize their Life Scholarship. A Senate Finance subcommittee deleted an audit provision and gave it a favorable report.

DUI Probation Monitoring – S. 333. This bill gives the judge the discretion of having the defendant wear an alcohol detection bracelet while on probation. The cost would be paid by the defendant, unless he is indigent—then it would be paid by the jurisdiction making the arrest from the jurisdiction's alcohol offense fines. S. 333 is pending second reading on the contested Senate calendar.

Priority Investment Act – S. 266. This bill allows local governments to set aside certain housing regulatory requirements as an incentive to encourage development of affordable housing in priority investment areas. The bill also requires the comprehensive land use plan for a jurisdiction to be updated within two years of the effective date to reflect the new elements for transportation and priority investment areas. S. 266 is pending third reading on the contested Senate calendar.

Common Law Marriage – H. 3427 and S. 137. This bill was held in subcommittee after a second hearing. SCAC is on record requesting that counties retain the authority to enact local regulations and that existing ordinances be grandfathered.

First Responder Building Mapping – S. 175. This bill requires the S.C. Emergency Management Division to create and operate a statewide first responder building mapping information system. A local governmental entity may establish a first responder building mapping information system or participate in the statewide first responder building mapping information system. A Senate Judiciary subcommittee gave a favorable report to S. 175.

Uniform Court Order and Enforcement Bills – S. 13, S. 15 and S. 17. These three bills are national model acts which facilitate uniform treatment of child custody, domestic violence protection order registration and enforcement, and family support order registration and enforcement among the various states. All three bills received third reading and are in the House.

Indigent Defense Act - S. 446. This bill changes the indigent defense system structure to mirror the circuit solicitor's system by making circuit public defender employees county employees, and the county will be reimbursed by the public defenders offices for these expenses. S. 446 also codifies a budget proviso to prohibit reduction of county funding for indigent defense below the funding in the previous fiscal year. The Senate Judiciary Committee gave the bill a favorable report, and it is pending second reading in the Senate.

Disturbing Schools – S. 198. This bill revises the existing offense of disturbing a school and imposes a jail term of 90 days to one year. A Senate Judiciary subcommittee deleted a phrase which required those sentenced to be housed in county jails and gave it a favorable report.

Coroners – S. 391. This bill revises the procedure to fill a vacancy in the coroner's office, allows the coroner to appoint investigators and deletes a code section which provided that a magistrate would serve as an interim coroner in the case of a vacancy. A Senate Judiciary subcommittee gave a favorable report to S. 391.

What's Coming Up?

The Senate committee schedule for next week will be posted to www.scstatehouse.gov late Friday afternoon. There are also several House committees which had not posted meeting agendas before this Friday Report was printed. The House postings are available at the same web address.

Regulation of Adult Businesses – H. 3679. This legislation to impose statewide regulation on the operation of adult businesses will be back before the House Judiciary General Laws Subcommittee next Wednesday. SCAC will request a grandfather clause for existing ordinances and future flexibility for local governmental regulation in this area.

Eminent Domain Study Committee. The Eminent Domain Study Committee is scheduled to meet next Thursday at 4 p.m. This may be the last meeting of the Committee, and the report will be finalized at the meeting.

Budget Bill. The Senate Finance Committee is scheduled to meet on the budget beginning next Monday.

Camper Trailer and Large Boats Assessment Ratio – S. 139. This bill would change the assessment ratio on camper trailers and boats which have a toilet, bed and kitchen from 10.5 percent to 6 percent. S. 139 will probably be before the House Ways and Means Committee next Wednesday, although the agenda had not been posted at the time this Friday Report was printed. The fiscal impact is $5.9 million.

Reimbursement for Law Enforcement Training Costs – H. 3326. This bill requires a governmental entity hiring a law enforcement officer from another governmental entity to reimburse the entity losing the officer for training costs, if hired within two years of completing training. H. 3326 will be before the House Judiciary Special Laws Subcommittee next Wednesday.

Web-based Public Notices – H. 3792. This bill authorizes the creation of a public notice website in lieu of other methods of public or legal notice, except when notice by personal service, certified or registered mail is required, so long as the site meets certain criteria. H. 3792 will be before the House Judiciary Special Laws Subcommittee next Wednesday.

Bail Bondsmen Deposits – H. 3330. This bill would reduce the deposit required for bail bondsmen from one fourth of bonds written to one tenth and increase the minimum deposit from $10,000 to $25,000. The increased minimum deposit does not apply to bail bondsmen licensed on the effective date of the bill. H. 3330 will be before the House Judiciary Criminal Laws Subcommittee next Wednesday.

House Ways and Means Sales and Income Tax Subcommittee. This subcommittee will meet next Tuesday to consider H. 3372, which is a big technical cleanup bill from DOR that includes a number of assessor supported changes.

Interbasin Transfers – H. 3578 and H. 3486. These bills relate to withdrawals of water from bodies of water flowing through South Carolina. Both bills are scheduled to be heard by a House Agriculture subcommittee next Wednesday.

EMT Background Checks – H. 3304. This bill to require criminal background checks before employment as an EMT or renewal of an EMT license will be before the House 3M Committee next Tuesday.

House Ways and Means Property Tax Subcommittee. This House Ways and Means subcommittee will meet next Tuesday to consider a number of bills:

H. 3810 to provide a 90-day rental safe harbor for legal residence status;

H. 3079 to provide for a combination of multiple tracts for agricultural assessment purposes;

H. 3300 to exempt elderly and disabled homestead properties from increases in property tax due to periodic reassessment;

H. 3544 to provide that motor homes are to be valued in the same manner as vehicles; and

H. 3763 to change the boat situs provisions for property tax, and to exempt from property tax so much of all boats and motors equivalent to reflect a change in the assessment ratio on all boats and motors from 10.5 percent to 6 percent.

Newly-Introduced Legislation

Senate Bills

S. 631 – allows the Department of Revenue to amend the 2007 index of taxpaying ability for purposes of calculating the 2007 index of taxpaying ability.

S. 632 – a joint resolution that allows the Department of Revenue to amend the 2007 index of taxpaying ability for purposes of calculating the 2007 index of taxpaying ability.

S. 638 – to enact the "Public Prayer and Invocation Act" so as to allow public bodies to open a meeting with an invocation, and to provide for procedures for implementation.

S. 640 – authorizes a state agency or local entity that did not receive the same amount of revenue from the excise tax as it did from the minibottle tax in Fiscal Year 2004-2005 to receive the difference from the general fund within 30 days after the close of each quarter in a calendar year.

South Carolina Association of Counties

In This Section

Friday Reports — April 2007