State House

Friday Reports — February 2007

Issue 07-07, Feb. 23, 2007

Issue 06-07, Feb. 16 2007

Issue 05-07, Feb. 9, 2007

Issue 04-07, Feb. 2, 2007

(Back to Other 2007 Reports)


Issue 07-07 — Feb. 23, 2007

Eminent Domain and Bad Neighbor Bill

This week, the study committee began to discuss the issues raised during testimony. At the suggestion of Sen. Gregory, the committee agreed to use the Free Conference Report on last year's Eminent Domain Bill as a basis for discussions. That report embraced the following issues:

  1. Procedures for condemnation;
  2. Definition and condemnation of blighted property; and
  3. A list of agencies and subdivisions that should have the power of eminent domain.

The committee staff was asked to draw up proposed language that would standardize the notice procedures for eminent domain. It was suggested that zoning changes should also utilize a similar notice.

The Bad Neighbor Bill (regulatory takings) was also discussed. This was an issue that didn't find much favor in the Senate, but the committee agreed to look at compromise solutions. One suggestion was to use a "reverse rollback." This would provide that if property is down zoned, the owner might receive compensation based upon the higher tax rate that he was paying prior to a zoning change. This and a possible educational requirement for planners to recognize the issue of regulatory takings will be discussed at the next study committee meeting.

Utilities and those entities providing basic services should have the authority to condemn, and language should be included requiring utilities to cooperate in the sharing of easements and rights of way.

The committee has a deadline of March 15 to adopt their report and will meet again next Thursday.

House Ways and Means Committee Completes Budget Work

The Ways and Means Committee has completed its work on the budget. The state received more revenue than expected this year, especially nonrecurring revenue. How to use that revenue took up much of the committee's time and debate centered on an income tax reduction in the top marginal tax rate from 7 percent to 6.83 percent. Additional discussion revolved around state infrastructure needs and Nationally Certified Teachers. The following are some of the matters contained in the budget of interest to county officials.

The budget bill contains a number of temporary and permanent statutory provisions which are referred to as "provisos." Temporary provisos are effective only for the fiscal year addressed in the budget act and appear in Part IB of the act, hence the label "Part I provisos" or "temporary provisos." Permanent statutory changes contained in the budget are incorporated into the Code of Laws and appear in Part II of the budget act. The Ways and Means Committee included Part II provisos in their version of the budget this year.

Funding Items of Interest (Part IA)

  1. The Local Government Fund was fully funded;
  2. $3 million was allocated for V-SAFE Fire Fighter Grants;
  3. $2 million was allocated for County Transportation Committee Funding (see Proviso 53.new); and
  4. $15,667,729 was allocated for the 800 MHz system (see Proviso 63.fri).

Part IB Provisos of Interest

13.new – DSS Computer. This proviso directs the Department of Social Services to provide a detailed report to the General Assembly on the status of the Child Support Enforcement System.

27.agm – Aeronautics Grants. States that the funds appropriated to the Division of Aeronautics for FAA grant matching may be used to match state and local aviation airport projects, whether or not they have received FAA funding.

27.30 – Infrastructure Grants. This proviso, which sets aside $1.5 million of the Coordinating Council for Economic Development Funds for the "County Industrial Utility Infrastructure Grant Program" was amended at full committee. Originally, a county was eligible for the grant only if the project was to assist with an existing or planned utility infrastructure project in an industrial park located within five miles of interstates 20, 26, 73, 77, 85, 95 or any of their spurs; and if the county unemployment rate is 10 percent or higher for the most recent month. The proviso now only requires that the county unemployment rate be 10 percent or higher.

53.new – CTC Funds. Ways and Means Committee 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.

62.7 – Election Training. This proviso has been amended 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.

63.pp – State Employee Pay. This proviso grants a 3 percent state employee pay raise. County auditors and treasurers also receive a 3 percent increase in the salary they receive from the state.

63.fri – 800 MHz System. This proviso directs the State CIO to administer and coordinate First Responder Interoperability operations for the statewide Palmetto 800 MHz radio system. Funds shall be used for system administration and coordination and for the radio user fees of state agencies and public safety first responders. Grant funds are allocated to private, county and city 800 MHz systems to purchase equipment that supports interoperability with the Palmetto 800 MHz system.

Part II Provisos of Interest

Grants Review Commission. The Ways and Means Committee adopted legislation establishing the S.C. Grants Review Commission to award state grants to counties and municipalities. The legislation transfers to this commission the responsibility to provide grants, loans or other financial assistance for:

  1. The competitive grants programs of the Budget and Control Board (B&CB), DHEC and PRT provided for in the budget bill;
  2. Local government grants issued by the Office of Local Government of the B&CB;
  3. Infrastructure Facilities Authority Act endeavors; and
  4. Energy-related programs of the State Energy Office (except in regards to the Barnwell facility).

Infrastructure Bank. Legislation was adopted that requires the S.C. Transportation Infrastructure Bank to set aside $5 million for the use of the DOT for Interstate Highway 73 and Interstate Highway 74 projects.

Income Tax Cut. One of the most debated Part II provisos which the committee adopted reduced the top marginal tax rate from 7 percent to 6.83 percent and updated the tax brackets to reflect past inflation adjustments.

County Quotas for Sentenced Inmate Admissions to SCDC

SCAC, the Jail Administrators Association, the Sheriffs' Association and the Department of Corrections (SCDC) will meet again next week with Sen. Mike Fair to discuss potential solutions to the problems created by the recently announced quota system for sentenced inmate admissions to SCDC.

The short-term solution being discussed is a per diem paid to the county for delayed admission by SCDC of sentenced inmates. We are also exploring funding for an expansion of Reception and Evaluation Center facilities to allow SCDC the room they need for the orderly admission of sentenced inmates. Sen. Fair has been sympathetic and supportive of county detention center issues in this area.

Now is the time to let your senator know about any problems the quota system is causing in your county. We continue to find senators who have not heard about this issue. The issues we have heard about include the lack of space in already overcrowded county detention facilities for sentenced inmates, the additional medical care expense which must be provided for sentenced inmates above what is required for pre-trial detainees and the numerous other services required for sentenced inmates not required for pre-trial detainees.

Abandoned Mobile Homes — S. 267 and H. 3456

The two measures seek to address two different aspects of the problem in different ways. The House version (H. 3456) which was reported to the House floor with an amendment would address the problem from a landowner's point of view and provide for a judicial remedy. The House amendment would increase the notice requirement and further define what constitutes an abandoned mobile home. The Senate version (S. 267) has undergone substantial discussion and seeks to provide a comprehensive remedy by allowing action to remove the mobile homes being initiated by the property owner or by local government. S. 267 has been reported to the full committee with the understanding that the parties (including SCAC) will continue to work on amendments.

Immigration

In the Senate – S. 392. This bill was considered by the Senate Judiciary Committee and carried over until the next committee meeting for further debate. S. 392 requires public employers to register and participate in the Federal Work Authorization Program, prohibits public entities from entering into contracts with contractors or subcontractors that do not comply with the program and charges the State Budget and Control Board with establishing rules necessary to implement this bill.

In the House. The House Judiciary Committee has several bills on its agenda for next Tuesday:

  • H. 3025 – to provide for registration of persons involved in immigration assistance.
  • H. 3026 – to direct SLED to enter into a memorandum of understanding with the Department of Homeland Security for enforcement of federal immigration laws and to require local law enforcement to ascertain the nationality of persons charged with felonies or DUI.
  • H. 3029 – similar to S. 392 discussed above.
  • H. 3032 – to create a study committee on enforcement of federal and state law on illegal immigration.
  • H. 3149 to prohibit food assistance payments unless the applicant verifies legal immigrant status.

Other Actions of Interest

  1. Priority Investment Act – S. 266. The Senate Subcommittee accepted amendments pro-posed by SCAC and Rep. Hagood that would narrow the scope of "non-essential regulatory requirements" which could be relaxed to encourage affordable housing. County governments will decide when to use development incentives. The bill will now go to the full Senate Judiciary Committee.
  2. Cell Phone Towers – H. 3302. This turns out to be a turf war between the cell phone companies and certain industry consultants. SCAC's concern was the protection of local land use regulations in addition to the approval process in the siting of towers. Cell phone providers (telephone companies) are convinced that certain consultants are seeking to influence local governments to adopt unneeded requirements concerning the approval of cell towers. Debate has been adjourned on the bill following a hearing. SCAC will work with the members of the Utilities Subcommittee chaired by Rep. Sandifer.
  3. DNA Samples – H. 3255. This bill would require taking of DNA samples upon arrest for a felony charge, instead of conviction. A House Judiciary subcommittee adjourned debate on this bill to compare it with S. 142, the companion bill. S. 142 differs by limiting the DNA sample to felony charges with a sentence of five years or more, and it provides for state funding of the DNA sampling.
  4. Veteran Affairs Officers – H. 3452. This bill extends the term of office for County Veteran Affairs Officers from two years to four years. A House 3M subcommittee gave a favorable report to this bill.
  5. Identity Theft – S. 453. This bill is nearly identical to last year's bill with one major addition. S. 453 provides privacy protections in the use of a person's Social Security Number—including measures governing disposal of personal identifying information, prohibiting the use of personal identifying information on certain public documents, and allowing citizens to request expungement of Social Security Numbers on previously recorded documents such as mortgages. The change from last year's bill is to provide a uniform procedure for public bodies to dispose of computer equipment containing personal information. The Senate has passed this legislation, and it now goes to the House.
  6. Common Law Marriage – S. 137 and H. 3427. These bills prohibit recognition of common law marriages entered into after June 30, 2008. A Senate Judiciary subcommittee gave a favorable report to S. 137, and it will be on the next Senate Judiciary Committee agenda, but they do not meet next week. The House Judiciary subcommittee meeting on H. 3427 was cancelled this week, but has been rescheduled for next Wednesday.
  7. Dual Office Nominations – H. 3230. This bill would prohibit a person being nominated for the same office by two or more parties. H. 3230 was debated this week in the House Judiciary Committee and carried over for further information from the State Election Commission on how current electronic voting machines are programmed. It will be debated again at next week's committee meeting.
  8. Multi-Jurisdictional Task Forces – S. 146. This bill revises and expands existing law enforcement multi-jurisdictional task force statutes authorizing these by mutual aid agreements. S. 146 was given a favorable report by a House Judiciary subcommittee this week.
  9. Alcohol Diversion Program – H. 3490. This bill provides another PTI type program for 17- to 21-year-olds with an alcohol-related charge. The House Judiciary Committee approved H. 3490, and it is on the House calendar pending second reading.
  10. Office Vacancies – H. 3278. This bill creates a mechanism to declare vacant and fill appointed and elected offices when the holder moves outside the boundaries of the district. The officeholder who moves out of his district notifies the governing body of the move, a public hearing is held, and a vote is taken by the body as to whether he shall continue in office. If the vote is negative, the officeholder continues in office. If the vote is positive, the office is declared vacant and filled in the manner of the original appointment for the remainder of the term. H. 3278 was given a favorable report by the House Judiciary Committee and is pending second reading on the House calendar.
  11. 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 different states. All were given favorable report by a Senate Judiciary subcommittee.
  12. Family Court Reform – S. 196. This bill adopts the "Family Court Hearing Officer Act" to provide volunteer hearing officers to handle a number of items currently handled by judges. The clerk is required to maintain their docket and a record of proceedings. S. 196 also enacts the "South Carolina Family Law Mediation Act" to be conducted according to Family Court ADR Rules. Another change is to make all child support payments through the clerk's office, unless the court orders otherwise. S. 196 is now in the House Judiciary Committee.

SCAC Lobby Days Schedule

Please mark your calendar, and plan to come to Columbia on the following Tuesday for the designated Lobby Day. The briefing will begin in the SCAC offices at 10:30 a.m., and then adjourn for visits to the State House and legislative offices. These personal visits can be the difference in many different bills before the General Assembly which impact county government, and we have gotten a good deal of positive feedback from the contacts made on previous Lobby Days. If you were unable make previously scheduled Lobby Days, feel free to come to either of the remaining events.

    Feb. 27 – Darlington, Dillon, Fairfield, Georgetown, Saluda, Spartanburg, York
    March 6 – Florence, Greenville, Greenwood, Hampton, Oconee, Williamsburg

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. 3546 – constitutional amendment authorizing a procedure by which a candidate for elective office may finance his campaign with public funds.

H. 3556 – requires the clerk of court to maintain for public inspection a record of the fees paid to each individual guardian ad litem serving in cases in that county.

H. 3568 – provides additional "agritourism" uses for agricultural real property that do not affect the eligibility of the property for agricultural use classification for purposes of the property tax.

H. 3569 – creates the S.C. Wireless Technology and Communications Commission for the purpose of implementing a statewide wireless broadband network.

H. 3572 – creates the "Traffic Diversion Program Act."

H. 3575 – grants exemptions to County Transportation Committees from purchasing items through the chief procurement office and provides for DOT restructuring.

H. 3576 – reduces from $900,000 to $900 the amount of accommodations tax revenues collected in a county during a fiscal year which exempts a county from blue laws.

Senate Bills

S. 453 – enacts the "Financial Identity Fraud and Identity Theft Protection Act."

S. 459 – provides that campus police officers must notify and work with local law enforcement agencies on the investigation of a death or a rape resulting from an incident occurring on campus.

S. 462 – brings the accounting for OPEB into compliance with new GASB standards, and establishes the S.C. Retiree Health Insurance Trust Fund and the S.C. Long Term Disability Insurance Trust Fund.

S. 463 – constitutional amendment that provides that the funds of any trust fund established for the funding of post-employment benefits for state employees may be invested and reinvested in equity securities.

S. 465 – creates the S.C. Wireless Technology and Communications Commission for the purpose of implementing a statewide wireless broadband network.

S. 472 – relates to the installation of ignition interlock devices for impaired driving.

S. 473 – authorizes local governments to create and operate a local or regional housing trust fund for the development or rehabilitation of affordable houses.

S. 485 – provides for comprehensive DUI reform, along with increased fines and penalties with some fine money designated to DPS and SLED.


Issue 06-07 — Feb. 16, 2007

Eminent Domain and Bad Neighbor Bill

The Eminent Domain Study Committee held its public hearing on the Bad Neighbor concept Thursday. The concept of the Bad Neighbor Bill is to require local governments to either: (1) pay cash to property owners who claim their land's market value has been reduced by new or enforced existing regulations, or (2) let those property owners develop/use their land, regardless of the impact upon their neighbors or community.

Given the tight fiscal times and hard millage rate cap for local government, this becomes a license for any landowner to be a bad neighbor because local governments will not be able to use commonly accepted measures such as setbacks, buffers and time restrictions to protect existing adjacent landowners or minimize conflict without high costs.

SCAC testified with three main points:

  1. The General Assembly has already addressed this issue by adopting Act 38 of 2003 which created a more flexible, streamlined and cost-efficient land use appeals process for any aggrieved landowner. Also in that act was a land use official and employee education component to avoid unintentional errors. The General Assembly also addressed the issue by amending the constitution to restrict the use of condemnation to instances where the public entity will own the land condemned.
  2. South Carolina is different than Florida or Oregon, because they have state mandated land use planning/zoning while South Carolina has local option land use planning. Oregon also has statewide land use planning goals which have never been comprehensively revisited, since their initial adoption 20 or more years ago. In South Carolina, comprehensive land use plans must be revisited every five years. South Carolina county governments have moved very deliberately in adopting land use planning.
  3. The Bad Neighbor Bill would place the planned use of one landowner over the existing or planned uses of all of the neighboring landowners. The customary land use protections used to minimize conflicts would be cost prohibitive.

If you wish to submit written comments to the study committee, it is not too late to do so. Written remarks may be submitted to The Eminent Domain Study Committee, ATTN: Paula Benson, PO Box 142, Columbia, SC 29202 or via e-mail to pgb@scsenate.org.

2007 SCAC Mid-Year Conference, Legislative Reception and Institute of Government

Mid-Year Conference and Legislative Reception to be held Wednesday, Feb. 21. The SCAC Mid-Year Conference will be held at Embassy Suites Hotel in Columbia with a reception for the General Assembly that evening. The agenda for the day features presentations by Sen. Jim Ritchie, Rep. Bill Cotty and Tom Davis, Gov. Sanford's Chief of Staff. This is an excellent opportunity to meet with the members of the General Assembly to discuss issues of common interest. Calling your delegation ahead of time to arrange a meeting in the afternoon would make it easier to have those discussions.

Institute of Government classes will be held on Tuesday, Feb. 20. These courses are open to all county officials. There is a separate registration for these courses, and those materials have been mailed.

Budget Subcommittees Complete Work on Provisos

The Budget Proviso Subcommittee met and considered the various subcommittees' provisos this week. Full Ways and Means will begin work on the budget next week. The proviso subcommittee adopted an amendment to Proviso 63.7 which will state that Elections and Voter Registration Board members who fail to complete their training will have their stipend withheld. Additionally, the subcommittee adopted a proviso which will implement and provide funding for the 800 megahertz system.

The House Ways and Means Committee will begin its deliberation on the budget bill next Tuesday at 10 a.m.

State Spending Limits Bill — H. 3295

The House gave second reading to this state general fund spending limitation bill without including local governments. The state spending limit is equal to the increase in the CPI plus the increase in population, but not more than 6 percent growth in a given year. The spending cap is cumulative. The fund used to capture general fund revenue in excess of the spending limit is separate from the state general fund, and therefore reduces the base upon which the Local Government Fund is calculated.

County government budgets are already limited by the millage rate limitation adopted last year. That millage rate limitation is not cumulative—meaning that when a county does not increase its millage by the maximum amount, the limit is still the increase in CPI plus population growth. There are very few other sources of revenue available to county government, so a spending limitation would likely affect federal and state grants made available to the county and user fee accounts.

Wireless Communication Facilities (Think Cell Phone Towers) — H. 3302

Currently, other than federal regulations, cell phone towers are regulated by local governments through their zoning code. This legislation would still allow for local zoning, but would shorten the approval time to 45 days and allow the aggrieved party direct access to court. It would exempt any additions to existing facilities, up to 25 percent of existing height, from local approval (an issue is whether the addition is to a facility which is in place, or whether this includes tear down and replace). The measure prohibits local testing requirements, moratoriums over 45 days, application fees, limiting of the duration of a permit, or conditioning a permit on the provision of space to a local government. The bill is in LCI Public Utilities Subcommittee. Members are Reps. Sandifer, Hamilton, Grady Brown, Owens, Perry and Phillips.

Alcohol Offense Diversion Program — H. 3490

The House Judiciary Criminal Laws Subcommittee reported H. 3490 out with amendments this week. H. 3490 creates a diversion program for 17- to 21-year-olds with alcohol-related offenses in each circuit. The person charged pays the solicitor's office $250 to enroll, and the program must have an education and community service component. Upon successful completion of the program, all charges are dropped and the records may be expunged. Participants may also have to pay a fee to the educational program provider, but all fees are waived upon a finding that the offender is indigent.

The legislation fails to hold local government harmless for fiscal losses. By diverting persons out of the criminal justice system, the solicitor's office garners all revenues for these offenders. Programs such as this one cause the loss of court-generated revenue which offsets the cost of local criminal justice system expenditures.

Although the bill requires a community service element, there is no requirement that adequate Workers' Compensation nor supervision of individuals in the program be maintained.

The solicitors also are paid for expunging the records of the individuals involved in the diversion program; therefore, the solicitor's office could make up to $400 per individual allowed in the program.

It seems likely that this legislation may become a vehicle for other "diversion" programs. Please contact the members of the House Judiciary Committee, and ask that they vote against this legislation.

Immigration

A number of immigration bills were considered this week in a House Judiciary subcommittee and will presumably be scheduled for the full House Judiciary Committee next week. Those bills were:

  1. H. 3068, 3148, 3060 and 3149 – these bills all center around requiring public employers and contractors—as well as their subcontractors that enter into contracts with public employers to provide services—must register and participate in the federal work program; that failure to comply with this program is a felony crime; and that anyone who cannot provide proof that they are a legal resident of the U.S. is precluded from receiving government assistance. All of the bills were carried over by the House Judiciary Committee.
  2. H. 3032 – this bill creates a study committee to study appropriate enforcement of state and federal laws relating to the presence of illegal aliens in this state and to produce a report with recommended legislative changes no later than Jan. 1, 2008. The bill was given a favorable report by the House Judiciary Committee.
  3. H. 3029 – this bill is another version of H. 3068. However, it only requires public employers to register and participate in the Federal Work Authorization Program and prohibits them from entering into contracts with contractors or subcontractors that do not comply with the program. The bill received a favorable report from the House Judiciary Committee.
  4. H. 3026 – this bill requires SLED and all local law enforcement officials to use reasonable efforts to determine the nationality of persons charged with felonies or driving under the influence offenses. The bill received a favorable report from the House Judiciary Committee.
  5. H. 3025 – this bill requires all persons or business entities that are engaged in the business of providing immigration assistance to be registered with the Secretary of State. It received a favorable report from the House Judiciary Committee.

Other Actions of Interest

  1. Property Tax Restructuring Cleanup – H. 3422. The House has passed H. 3422, and it is now in the Senate Finance Committee. This is a package of technical changes to more easily implement last year's property tax changes. H. 3422 is supported by SCAC.
  2. Property Tax Restructuring Cleanup – S. 366 and S. 367. The Senate gave third reading to S. 366 and S. 367, which are similar to H. 3422 but narrower in scope.
  3. Abandoned Manufactured Home Removal – H. 3456. This bill creates a process to allow landowners to remove abandoned mobile homes without paying current and delinquent taxes assessed against the homes. If the county auditor is satisfied that the abandoned manufactured home has been demolished and disposed of according to these provisions, the mobile home must be removed from the tax duplicates. A House LCI subcommittee gave the bill a favorable report, and it will be on next weeks's House LCI Committee agenda.
  4. Family Court Reform – S. 196. This bill adopts the S.C. Family Court Hearing Officer Act to provide volunteer hearing officers to handle a number of items currently handled by judges. The clerk is required to maintain their docket and a record of proceedings. S. 196 also enacts the S.C. Family Law Mediation Act to be conducted according to Family Court ADR Rules. Another change is to make all child support payments through the clerk's office, unless the court orders otherwise. The Senate gave this bill second reading.

SCAC Lobby Days Schedule

Please mark your calendar, and plan to come to Columbia on the following Tuesday for the designated Lobby Day. The briefing will begin in the SCAC offices at 10:30 a.m., and then adjourn for visits to the State House and legislative offices. These personal visits can be the difference in many different bills before the General Assembly which impact county government, and we have gotten a good deal of positive feedback from the contacts made on previous Lobby Days. If you were unable make previously scheduled Lobby Days, feel free to come to either of the remaining events:

    Feb. 27 – Darlington, Dillon, Fairfield, Georgetown, Saluda, Spartanburg, York
    March 6 – Florence, Greenville, Greenwood, Hampton, Oconee, Williamsburg

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. 3493 – provides an additional cost of living increase equal to 1.4 percent for S.C. Retirement System allowances effective July 1, 2007.

H. 3494 – allows a county by ordinance to implement a Senior Citizen Property Tax Work-Off Program.

H. 3496 – provides for comprehensive DUI reform along with increased fines and penalties, with some fine money designated to the Department of Public Safety and SLED.

H. 3499 – provides certain situations where electric utilities, distribution cooperatives or consolidated political subdivisions must obtain Public Service Commission approval of proposed construction of electric facilities.

H. 3509 – enacts the "South Carolina Local Housing Trust Fund Enabling Act."

H. 3511 – a law enforcement officer who holds a local office is not considered a dual office holder for purposes of the S.C. Constitution.

H. 3517 – provides that power lines must be buried underground at the request of the governing body of a local government, and the governing body may negotiate a fee with the utility to offset the cost of burying the power lines.

H. 3538 – authorizes a municipality to annex an area by ordinance if the area is completely surrounded by the municipality, and deletes certain factors that may be used to establish contiguity.

H. 3539 – requires certain qualified electors to be allowed to vote by mail, and that any qualified elector may vote by absentee ballot if the person appears in person to vote by absentee ballot.

H. 3540 – deletes the requirement that the signature or mark of an absentee applicant be witnessed.

H. 3544 – requires that the fair market value of a motor home classified for property tax purposes as a primary or secondary residence must be determined in the manner that motor vehicles are valued.

H. 3546 – constitutional amendment authorizing a procedure by which a candidate for elective office may finance his campaign with public funds.

Senate Bills

S. 422 – provides that an owner-occupant of residential property qualifies for the 4 percent assessment ration, if the owner meets certain requirements.

S. 428 – enacts the "South Carolina Surface Water Withdrawal, Permitting, Use and Reporting Act."

S. 429 – enacts the "Post-Conviction DNA Procedures Act."

S. 430 – provides that contributions that do not expressly advocate a vote for or against a candidate but are meant to influence the outcome of an election must be disclosed.

S. 431 – provides certain situations where electric utilities, distribution cooperatives or consolidated political subdivisions must obtain Public Service Commission approval of proposed construction of electric facilities.

S. 446 – enacts the "Indigent Defense Act."

S. 447 – enacts the "Public Waters Nuisance Abatement Act."

S. 450 – provides that no school district's revenue from required local effort millage will produce more than 75 percent of the district's total foundation program calculation.

S. 453 – enacts the "Financial Identity Fraud and Identity Theft Protection Act."


Issue 05-07 — Feb. 9, 2007

Eminent Domain and Bad Neighbor Bill

The study committee established to examine eminent domain and compensation to a landowner for the adoption or enforcement of a government regulation met this week and plans to cover the Bad Neighbor provisions this Thursday, Feb. 15 at 12:30 p.m. in Room 105 of the Gressette Building.

These provisions would require local governments to either (1) pay cash to property owners who claim their land's market value has been reduced by new or enforced existing regulations, or (2) let those property owners develop/use their land, regardless of the impact on their neighbors or community. Given the tight fiscal times and hard millage rate cap for local government, this becomes a license for any landowner to be a bad neighbor because local governments will not be able to use commonly accepted measures such as setbacks, buffers and time restrictions without high costs.

What Can You Do?

  1. Testify at the hearing. If you have questions, contact SCAC staff attorney Ed Schafer at 1-800-922-6081.
  2. Talk with, write or send e-mail to the study committee members. Contact information for the committee members is attached. Even if you plan to testify, direct communication is the best way to convey the message about the potential impact of this legislation. SCAC Lobby Days and the Mid-Year Conference are great opportunities to make appointments to have discussions on topics such as the Bad Neighbor Bill.
  3. Educate and involve community groups. Groups like neighborhood associations, local environmental and historic preservation groups need to know about this proposed legislation and the effect it could have on commonly expected land value and quality of life protections. These are the citizen interests which will most directly be negatively impacted.

State Spending Limits Bill to Include Local Governments — H. 3295

The House Ways and Means Committee gave a favorable report to a bill to add another state general fund spending limitation equal to the increase in the CPI plus the increase in population, but not more than 6 percent growth in a given year. The spending cap is cumulative. The fund used to capture general fund revenue in excess of the spending limit is separate from the state general fund, and therefore reduces the base upon which the Local Government Fund is calculated. When a member of the committee asked if H. 3295 applied to local governments, the answer given was essentially no, but I feel certain an amendment will be offered on the floor to include local governments. Contact your House member and ask that they vote against any amendment to include local governments in the spending limitation bill — H. 3295.

County government budgets are limited by the millage rate limitation adopted last year. That millage rate limitation is not cumulative—meaning that when a county does not increase its millage by the maximum amount, the limit is still the increase in CPI plus population growth. There are very few other sources of revenue available to county government, so a spending limitation would most likely affect federal and state grants made available to the county.

Budget Subcommittees Complete Work on Provisos

The House Ways and Means subcommittees completed their work on provisos this week, and the Proviso Subcommittee will consider all of the provisos on Feb. 13.

This week the Legislative, Executive, and Local Government Subcommittee considered, but tabled, a proposal to increase the employer contribution to the state retirement system. The increase would have funded the retiree cost of living adjustment (COLA) in excess of the guaranteed 1 percent COLA. Members of the subcommittee believed that it was both dangerous to amend the law regarding retirement in a temporary proviso, and that this rate would be difficult to absorb after several recent employer contribution increases.

State Holiday Schedule Observance by Counties — S. 36

A Senate Judiciary subcommittee adjourned debate on S. 36 this week. This bill requires all counties and cities to adopt the state holiday schedule. The subcommittee decided to hold off on passing the bill out, until it could be determined how different state and local government holiday schedules are and how much of a fiscal impact the bill would have on political subdivisions.

If counties and cities do not have an ordinance in place to observe the state holiday schedule by Jan. 1, 2008, the State Treasurer is to suspend disbursement of state funds to the noncompliant city or county. It is very likely that this legislation will be passed out of subcommittee in the coming weeks. Contact your Senator, if adopting the state holiday schedule would create problems in your county.

The State Holiday Schedule is as follows:

  • New Year's Day (Jan. 1)
  • Martin Luther King Jr. Day (Third Monday in January)
  • President's Day (Third Monday in February)
  • Confederate Memorial Day (May 10)
  • National Memorial Day (Last Monday in May)
  • Independence Day (July 4)
  • Labor Day (First Monday in September)
  • Veterans Day (Nov. 11)
  • Thanksgiving Day (Fourth Thursday in November)
  • Day after Thanksgiving
  • Christmas Day (Dec. 25)
  • Day after Christmas

An online survey was sent out at the request of the Senate to find out the cost of this measure. Please respond as soon as possible, so the subcommittee can see the cost of this bill.

Municipal Annexation Hearing

SCAC pointed out that one of the main ways municipalities grow is through land use shopping. The end result is that a municipality grants a higher density development and does not take responsibility for the roads which require improvements and higher maintenance, or other impacts on infrastructure which were not planned to cope with higher density development. One solution offered was to require county concurrence in land use changes for several years after annexation to allow planning to catch up with changed plans. SCAC also pointed out that business license taxes did not have grandfathering provisions found in local hospitality and accommodations taxes to protect existing county revenue. SCAC also suggested that some de-annexation method should be considered.

Alcohol Offense Diversion Program — H. 3490

The House Judiciary Criminal Laws Subcommittee will meet on Wednesday, Feb. 14 at 9 a.m. in Room 516 of the Blatt Building. H. 3490 is one of the bills on the agenda. This bill creates a diversion program for 17- to 21-year-olds with alcohol-related offenses in each circuit. The person charged pays the solicitor's office $250 to enroll, and the program must have an education and community service component. The bill is silent as to what community service consists of or whether the costs of insurance and supervision will be covered by the participant. Upon successful completion of the program, all charges are dropped and the records expunged. Participants may also have to pay a fee to the educational program provider, but all fees are waived upon a finding of indigence.

Other Actions of Interest

  1. Property Tax Restructuring Cleanup - H. 3422. The House Ways and Means Committee has given a favorable report to a package of technical changes to more easily implement last year's property tax changes. H. 3422 is supported by SCAC and will be on the House calendar next week.
  2. Property Tax Restructuring Cleanup – S. 366 and S. 367. The Senate Finance Committee gave a favorable report to S. 366, which is similar to H. 3422 but narrower in scope. This bill was taken up on the Senate floor, but was carried over for questions about a school funding distribution issue. S. 367 contains some of the same provisions as S. 366 and is also on the Senate calendar pending second reading. S. 367 was carried over for the same reasons as S. 366.
  3. Airstream Trailer Property Tax Assessment Ratio Change – S. 139. This bill would change the assessment ratio from 10.5 percent to 6 percent for any camper/trailer in the same manner that motor homes were given this treatment several years ago. The total fiscal impact is $2.6 million statewide. This revenue reduction can be made up only to the extent that there is room under the new hard millage rate cap. S. 139 passed the Senate and is now in the House.
  4. Family Court Reform – S. 196. This bill adopts the S.C. Family Court Hearing Officer Act to provide volunteer hearing officers to handle a number of items currently handled by judges. The clerk is required to maintain their docket and a record of proceedings. S. 196 also enacts the S.C. Family Law Mediation Act to be conducted according to Family Court ADR Rules. Another change is to make all child support payments through the clerk's office, unless the court orders otherwise. The Senate Judiciary Committee gave this bill a favorable report.
  5. Workers' Compensation Reform – S. 322. The Senate Judiciary Subcommittee met on S. 322 again and did not take final action. S. 322 still does not eliminate the Second Injury Fund. The subcommittee will meet again next Tuesday and Wednesday. A Greenville News editorial on this topic is enclosed with this Friday Report, which is as close to the SCAC position as you can get.

NACo Alert on National Forest Program Payments

For the last few years, counties and school districts with National Forest land have received a "safety net" payment to stabilize funding which totaled $3 million in South Carolina last year. The program was not reauthorized last year, and NACo is working to get an extension of the program in this year's Emergency Supplemental Appropriation legislation. NACo asks county and school officials in the affected counties to contact their U.S. Senators and Congressmen before the end of next week to ask them to: (1) support a 1-year extension of funding for the Secure Rural Schools and Community Self-Determination Act in the Emergency Supplemental Appropriation bill, and (2) support full reauthorization of the act by co-sponsoring S. 380 or H.R. 17. Enclosed are attachments which list the counties receiving payment under this program and give more details.

Schedule for SCAC Lobby Days

Please mark your calendar, and plan to come to Columbia on the following Tuesday for the designated Lobby Day. You may certainly come on a different or additional Tuesdays, if your schedule allows or requires it. The briefing will begin in the SCAC offices at 10:30 a.m., and then adjourn for visits to the State House and legislative offices. These personal visits can be the difference in many different bills before the General Assembly which impact county government.

    Feb. 13 – Darlington, Clarendon, Colleton, Edgefield, Horry, Orangeburg, Union
    Feb. 27 – Dillon, Fairfield, Georgetown, Saluda, Spartanburg, York
    March 6 – Florence, Greenville, Greenwood, Hampton, Oconee, Williamsburg

2007 SCAC Mid-Year Conference, Legislative Reception and Institute of Government

Mid-Year Conference and Legislative Reception to be held Wednesday, Feb. 21. The SCAC Mid-Year Conference will be held at Embassy Suites Hotel in Columbia. Featured speakers will include Sen. Jim Ritchie, Rep. Bill Cotty, and Tom Davis, Gov. Sanford's Chief of Staff. SCAC will also host the General Assembly at a reception Wednesday evening, Feb. 21 at Embassy Suites Hotel.

Institute of Government classes will be held on Tuesday, Feb. 20. These courses are open to all county officials. There is a separate registration for these courses, and those materials have been mailed.

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. 3422 – provides cleanup language to the property tax restructuring legislation of last year.

H. 3427 – provides that a common law marriage must not be recognized after Jan. 1, 2008, unless it is established that the common law marriage existed as of Dec. 31, 2007.

H. 3428 – provides for state law enforcement agencies to appoint reserve officers in the same manner as county law enforcement agencies.

H. 3434 – enacts the "South Carolina National Guard College Assistance Program Act."

H. 3435 – provides for forfeiture of a person's motor vehicle, if the person is convicted of a DUI while his driver's license is suspended.

H. 3436 – provides that DOT shall conduct vegetation management at its discretion after consulting with the local governmental authority that has jurisdiction over the portion of highway subject to the vegetation management policy.

H. 3438 – increases the tax on cigarettes from 35 cents for each cigarette to $5.35 for each cigarette.

H. 3449 – requires the Governor to remove members of the County Board of Registration and County Commissioners of Election who do not fulfill the training requirement.

H. 3451 – enacts "The Uniform Real Property Recording Act."

H. 3452 – extends county veterans affairs officer terms from two to four years.

H. 3456 – enacts the "Abandoned Manufactured Home Removal Act."

H. 3466 – provides counties the authority to declare certain structures from the public waters of this state nuisances and require their removal.

H. 3467 – provides that a municipality may not require annexation as a condition precedent to providing utility services

H. 3477 – allows an exemption from all property tax equal to 100 percent of the value subject to tax of an owner-occupied residence, if the owner is 65-years-old.

H. 3486 – requires DHEC to provide a quarterly report of water quality of all river basins to each county administrator and to notify the administrator within five days of making a determination that there is a significant decline in the water quality or the flow of a river basin.

H. 3490 – creates the "Alcohol Education Program Act."

Senate Bills

S. 392 – enacts the "South Carolina Illegal Immigration Reform Act."

S. 396 – provides that the sheriff of the county in which a pawnshop is located must conduct a criminal background investigation of the pawnbroker and any prospective employees.


Issue 04-07 — Feb. 2, 2007

County Quotas for Inmate Admissions to SCDC

On Tuesday, a meeting was held at the request of Sen. Mike Fair, Senate Corrections and Penology Committee Chairman, between Jon Ozmint, Director of the S.C. Department of Corrections (SCDC), SCAC, the Sheriffs' Association and the Jail Administrators Association. On Jan. 1, SCDC imposed a new quota system which assigns a maximum number of inmates it will accept from each county per week. SCAC has pointed out that there is no legal authority for a quota system. SCDC's action drew attention to the fact that SCDC does not accept its prisoners in a timely manner. The end result of the failure to pick up prisoners on a timely basis is further overcrowding local jails, and county taxpayers are picking up the tab for keeping these prisoners.

It was generally agreed by all in attendance that until a long-term solution can be attained (i.e., expanding/constructing SCDC reception and evaluation centers so that prisoners can be accepted more quickly), an interim solution would be to reimburse counties a per diem per prisoner it keeps after a certain number of days after sentencing. Another meeting will be held in the next two weeks to work out details of this plan.

House Ways and Means Subcommittees Continue Work on the Budget

The House Ways and Means budget subcommittees continued to work on the budget this week. Of interest this week was the Department of Corrections presentation before the Criminal Justice Budget Subcommittee. Rep. Gilda Cobb-Hunter asked Director Ozmint if he was working with the counties to resolve issues involving local jails housing state inmates. Director Ozmint said that SCDC and county officials were working with the Senate to resolve this issue, most likely by proposing a per diem be paid to local jails as a temporary solution to the problem. The subcommittees are going to finish their work next week in anticipation of the Proviso Subcommittee meeting on Feb. 13.

Eminent Domain and Bad Neighbor Bill

Joint Study Committee. The study committee established to examine eminent domain and compensation to a landowner for the adoption or enforcement of a government regulation cancelled their meeting this week and plans to cover the following two topics next Thursday, Feb. 8 at 12:30 p.m.:

  • Eminent Domain (which entities have condemnation authority, rights to repurchase condemned land, and procedural issues); and
  • Slum Clearance/Blight (this is a definition used for TIFs and has been brought over into the eminent domain debate because of the Kelo decision).

The committee still plans to hear testimony on the Bad Neighbor provisions Thursday, Feb. 15 at 12:30 p.m. These provisions would require local governments to either (1) pay cash to property owners who claim their land's market value has been reduced by new or enforced existing regulations or (2) let those property owners develop/use their land, regardless of the impact on their neighbors or community. Given the tight fiscal times for local government, this becomes a license for any landowner to be a bad neighbor because local governments will not be able to use commonly accepted measures such as setbacks, buffers and time restrictions without high costs.

What Can You Do?

  1. Testify at either of these hearings. if you have questions, contact SCAC staff attorney Ed Schafer at 1-800-922-6081;
  2. Talk with, write or send e-mail to the study committee members. Even if you plan to testify, direct communication is the best way to convey the message about the potential impact of this legislation; and
  3. Educate and involve community groups. Groups like neighborhood associations and historic preservation groups need to know about this proposed legislation and the effect it could have on commonly expected land value and historic district protections. These are the citizen interests which will most directly be negatively impacted.

The study committee is composed of the following nine members: Sens. Greg Gregory, Chip Campsen and Robert Ford; Reps. Jim Merrill, Creighton Coleman and Tracy Edge; Tammy McKnew, Nature Conservancy Board; Ben Zeigler, Haynesworth, Sinkler, Boyd attorney and Pee Dee Land Trust Board chairman; Robert Clement, Realtors Association Board chairman.

Workers' Compensation Reform — S. 332

A Senate Judiciary Subcommittee took up S.332, introduced last week by Sens. Martin, Ritchie and Vaughn. The subcommittee is made up of the same five Senators (Sens. Martin, Chairman; McConnell; Hutto; Lourie and Ritchie) that comprised the Workers' Compensation Study Committee, which met throughout the fall. The bill is a good start toward needed reform, but will require tweaking. All but one of the issues of interest to counties are addressed in the bill. The only issue not covered is a correction to judge-made law as set out in a recent case, Ellison v. Frigidaire. The Ellison case combined a workplace injury with other unrelated health problems to declare the claimant to be totally and permanently disabled. Another hearing is scheduled on the bill next Wednesday.

Other Actions of Interest

  1. Property Investment Act - S. 226. The Priority Investment Area Act was taken up in a Senate Judiciary subcommittee, and debate was adjourned. SCAC took issue with some affordable housing amendments that were proposed by the Realtors Association. The amendments sought to seek the waiver of zoning and subdivision restrictions that would be considered as "unnecessary housing regulatory requirements." Items included things such as lot size, building size, setbacks, spacing, impervious surface sizes, open space, landscaping, buffering, road width, pavement, parking, stormwater drainage and sizing of water pipes and sewer lines, etc. Subcommittee members are Sens. Martin, Campsen, Malloy and Williams.
  2. Recusal Requirements for Local Officials – H. 3226. The legislation, which would allow business associates of a public official to represent clients before government boards and commissions as long as the public official does not participate in the decision-making process, has passed the House and is now in the Senate Judiciary Committee.
  3. Airstream Trailer Property Tax Assessment Ratio Change – S. 139. This bill would change the assessment ratio from 10.5 percent to 6 percent for any camper/trailer in the same manner that motor homes were given this treatment several years ago. The Senate Finance Committee gave it a favorable report, and it is pending second reading next week. The total fiscal impact is $2.6 million statewide. This revenue reduction can be made up only to the extent that there is room under the new hard millage rate cap.
  4. DNA Data Base – S. 142. This bill was amended in the Senate to restrict the covered detainees to those arrested for a felony crime punishable by a sentence of five years or more. Coordination between agencies was also required to prevent duplication. Procedures for expungement of records were also visited. The program is dependent on state funding and is funded in part by a $250 surcharge upon conviction. S. 142 was then placed on the contested calendar pending second reading.
  5. Immigration Reform – H. 3148. A House Judiciary subcommittee adjourned debate on this bill that requires counties to register and participate in the federal work authorization program to verify information of all new employees and provides that counties may not contract with a contractor or subcontractor that does not register and participate in the federal work authorization program. H. 3148 provides that a person may not receive any type of benefit provided by the county, unless the person verifies that he or she is lawfully present in this state.

SCAC Lobby Days Schedule

Please mark your calendar, and plan to come to Columbia on the following Tuesday for the designated Lobby Day. You may certainly come on a different or additional Tuesdays, if your schedule allows or requires it. The briefing will begin in the SCAC offices at 10:30 a.m. and then adjourn for visits to the State House and legislative offices.

    Feb. 6 – Chesterfield, Dorchester, Kershaw, Lexington, Newberry, Pickens, Sumter, Beaufort
    Feb. 13 – Darlington, Clarendon, Colleton, Edgefield, Horry, Orangeburg, Union
    Feb. 27 – Dillon, Fairfield, Georgetown, Saluda, Spartanburg, York
    March 6 – Florence, Greenville, Greenwood, Hampton, Oconee, Williamsburg

2007 SCAC Mid-Year Conference, Legislative Reception and Institute of Government

Mid-Year Conference and Legislative Reception to be held Wednesday, Feb. 21. The SCAC Mid-Year Conference will be held at Embassy Suites Hotel in Columbia. Registration information has been mailed. SCAC will also host the General Assembly at a reception Wednesday evening, Feb. 21 at Embassy Suites Hotel.

Institute of Government classes will be held on Tuesday, Feb. 20. These courses are open to all county officials. There is a separate registration for these courses. and those materials have been mailed.

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. 3371 – prohibits wastewater treatment sludge generated outside of this state to be disposed of in this state.

H. 3372 – provides cleanup language to the property tax restructuring legislation of last year.

H. 3377 – provides that a person charged with a capital crime must sign and return a form to the clerk of court for the county in which he is charged to request a preliminary hearing.

H. 3396 – preempts any ordinance, resolution or similar matter adopted by a county that purports to address franchising or otherwise regulating cable or video service.

H. 3398 – enacts the "Electronic Recycling Act" and establishes consumer electronics waste recycling fees on the purchase of video display devices to be disbursed to each county based on population.

H. 3407 – to recognize the role played by FOIA, this bill declares March 11, 2007 as "Sunshine Sunday" and March 11-17, 2007 as "Open Government Week in South Carolina."

H. 3412 – prohibits a political subdivision from requiring a minimum wage that is less than the state minimum wage.

H. 3422 – provides cleanup language to the property tax restructuring legislation of last year.

Senate Bills

S. 306 – increases from 25 cents to 45 cents the portion of each $1.30 state deed recording fee that must be credited to the South Carolina Bank Conservation Trust Fund.

S. 307 – requires a retired member of the S.C. Police Officers Retirement System who is reemployed under the S.C. Retirement System to make employee contributions under the S.C. Retirement System.

S. 308 – provides that the State Employee's Deferred Compensation Program must provide participants the option to designate all or a portion of their deferred compensation as after-tax Roth 401(K) or Roth 403(B) contributions.

S. 309 – prohibits DOR from changing a county's designation to result in the amount of job tax credits available to a taxpayer in the county to be lowered by more than one tier in the previous year.

S. 320 – requires the Department of Corrections to reimburse a county for all costs the county incurs for the housing of a convict from the date that he is convicted until the date that he is transferred to a SCDC facility.

S. 325 – indexes the homestead exemption amount to inflation in the same manner and by the same percentage that federal income tax brackets are adjusted to reflect increases in the Consumer Price Index.

S. 327 – requires the Governor to remove members of the County Board of Registration and County Commissioners of Election who do not fulfill the training requirement.

S. 332 – provides for Workers' Compensation reform.

S. 336 – exempts salary supplements from across-the-board reductions in appropriations for county clerks of court, probate judges, sheriffs, registers of deeds, county auditors, county treasurers and county coroners.

S. 337 – provides that certain motor vehicle and dwelling home property tax exemptions must be extended to the surviving spouse of certain veterans.

S. 343 – provides that fees be placed in the S.C. Transportation Infrastructure Bank, instead of DOT.

S. 344 – requires Workers' Compensation insurers to file with the Department of Insurance their loss cost multipliers.

S. 348 – provides that all-terrain vehicles are exempt from ad valorem taxes beginning with calendar year 2007.

S. 349 – provides for direct appeal from Probate Court to the Court of Appeals, increases the jurisdiction of probate judges, and authorizes the removal of certain proceedings from probate court to circuit court.

S. 358 – to recognize the role played by FOIA, this bill declares March 11, 2007 as "Sunshine Sunday" and March 11-17, 2007 as "Open Government Week in South Carolina."

S. 366 – provides cleanup language to the property tax restructuring legislation of last year.

S. 390 – provides that an employee has an action against the employer for a willful, intentional or reckless injury resulting from a violation of a statute or regulation enacted by the federal, state or local authorities to ensure a safe workplace.

S. 392 – enacts the "South Carolina Illegal Immigration Reform Act."