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Friday Reports — January 2007

Issue 03-07, Jan. 26, 2007

Issue 02-07, Jan. 19, 2007

Issue 01-07, Jan. 12, 2007

(Back to Other 2007 Reports)

Issue 03-07 — Jan. 26, 2007

House Ways and Means Subcommittees Continue Work on the Budget

The Legislative Executive and Local Government Budget Subcommittee heard from the Budget and Control Board this week, including the Retirement System, the State Health Plan and the Investment Commission.

The Investment Commission stated that their goal is to increase the system's historically poor investment performance. The commission hopes that with additional tweaking and the ratification of the constitutional amendment allowing for greater diversification through foreign investment of the fund, performance will improve.

Much of the subcommittee's discussion with the Retirement System centered on retiree cost of living adjustments (COLA). Retirees are guaranteed a minimum 1 percent COLA. However, the full COLA for this year would be 2.4 percent. Therefore, 1.4 percent of the COLA is subject to the Budget and Control Board's discretion. Because of underperformance of the retirement system's investments, the system's earnings are insufficient to fund this year's full COLA from investment earnings or by extending the amortization period of the retirement fund. Also discussed was a request from Retirement Systems for additional FTEs in order to deduct pre-tax health benefits for law enforcement retirees. It is believed that this may save law enforcement retirees $2 million annually.

The State Health Plan stated that they will need a 6.7 percent increase in order to sustain the system. If this is funded solely by employer-paid premium increases, it would be a 9.7 percent increase. If the expense is shared by both employer and employees, employee rates will increase by an average of $9.50 per month and an employer premium increase will be somewhat less than 9.7 percent. There is also the potential that some or all of the necessary money will be provided through direct state appropriation.

Senate Property Tax Subcommittee

A Senate Finance subcommittee considered amendments to clarify the property tax restructuring legislation of last year. The bill they propose introducing is not intended to make substantive changes, but to clean up the language of Act 388. The items listed below are among those which will be introduced as legislation next week:

Change the due date of the Annual County Financial Report from Nov. 15 to Jan. 15;
For purposes of the millage rate limitation, clarify that when either the CPI factor or an entity's population change factor is negative, the negative factor is considered to be zero;
Allow the county to select either monthly or quarterly recognition of newly added structures, instead of just semiannual recognition of new structures for property taxation;
For purposes of an assessable transfer of interest, clarify the definition of a conveyance to mean the date of execution, not when it is recorded; and
Add language to clarify that when an assessable transfer of interest occurs, the point of sale valuation date is still Dec. 31, not the actual date of the conveyance.

There is a question regarding a change SCAC has requested. There may be no item included to create a cutoff date for property tax appeals in years when no reassessment notice is issued. The resolution of this issue was unclear. SCAC had asked that appeals made after the first penalty date become effective in the following fiscal year, instead of the current fiscal year.

As Act 388 currently reads, a taxpayer may appeal a value in the years following reassessment years within 90 days of the mailing of the property tax bill and obtain a change effective in that fiscal year.

Millage Rate Limitation for FY 2007-08

Act 388 of 2006 changed the methodology for determining local millage limitations in S.C. Code Section 6-1-320. A local governing body can increase its millage rate for general operating purposes above the rate imposed in the preceding tax year by no more than the average CPI for the previous calendar year plus the percentage increase in population in the jurisdiction from July 1, 2005 to July 1, 2006.

The CPI to be used for this year's budget ordinance is 3.2 percent.

Population figures will not be available until mid-March. SCAC will provide these figures as soon as they become available.

Other Actions of Interest

Criminal Gang Activity Legislation – S. 141. This bill adds gang-related offenses to the jurisdiction of the State Grand Jury, establishes a gang database, allows seizure of gang property, and provides that a correctional facility notify local law enforcement when a gang member is released and intends to return to the area. S. 141 was given a favorable report by Senate Judiciary Committee, sent to the full Senate and referred to the Senate Finance Committee for further study.

Recusal Requirements for Local Officials – H. 3226. The House Judiciary Committee gave this bill a favorable report, and the House gave it a second reading. H. 3226 clarifies existing law to allow business associates of public officials to represent clients before county boards or commissions, as long as the public official recuses himself from the decision-making process. The bill would also allow business associates to perform ministerial tasks with staff members.

Temporary Transfer of Law Enforcement – S. 145. This bill would set up a Military Preparedness and Enhancement Commission, which would assist state and local governments in enhancing the military value of existing military bases and create a revolving loan fund for projects designed to support those military bases. The House Judiciary Special Laws Subcommittee agreed to adjourn debate on this measure pending the receipt of additional information from the community task force currently working on military issues.

DNA Data Base – S. 142. This bill was reported out of the Senate Judiciary Committee. S. 142 would require DNA samples to be taken when a person is arrested for a crime punishable by sentence of five years or more. The system would be changed from blood-based to swab-based and would provide a cost-savings. SLED would provide local facilities with kits for DNA collection. An amendment proposes that the program be dependent upon the appropriation of funds.

Statewide Criminal Case Management – S. 143. This bill was a Criminal Task Force recommendation to require local criminal case management systems. It was sent out of committee and will be held on the floor for a period of time to allow additional input from solicitors.

Sentencing Guidelines – S. 144. This bill is another of the Criminal Justice Task Force recommendations that was approved by Senate Judiciary Committee and is now on the Senate calendar. It would create a commission to study changes to current guidelines, the parole system and alternative sentencing for non-violent offenders.

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., then adjourn for visits at the State House and legislative offices.

Jan. 30

Feb. 6

Feb. 13

Feb. 27

March 6

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. 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. 3324 – provides that if a local or state agency transports a person in the custody of the Department of Corrections, the agency must get the department's approval before transporting.

H. 3326 – provides that a governmental entity that subsequently hires a law enforcement officer from another governmental entity that trained the officer within two years must reimburse the governmental entity that provided the training.

H. 3327 – provides that an animal control officer has the same powers and duties as a litter control officer.

H. 3330 – changes the deposit amount a professional bondsman must maintain with the clerk of court, and provides that a professional bondsman presently licensed is not affected by the increased minimum deposits.

H. 3331 – provides that it is unlawful for a state agency, instrumentality or department to expend public funds to employ or contract with a lobbyist.

H. 3341 – requires county council to "effectuate, expeditiously all requests and directives" from the probate judge regarding budget, personnel and office equipment.

H. 3343 – provides that a County Board of Registration must not register a person applying for registration to vote, unless the person submits proof of citizenship.

H. 3360 – provides that it is unlawful for a state agency, authority or department to directly or indirectly hire or retain an independent contractor as a lobbyist.

Issue 02-07 — Jan. 19, 2007

Eminent Domain and Bad Neighbor Bill Study Committee

The study committee established to examine eminent domain and if compensation is due a landowner for the adoption or enforcement of a government regulation begins meeting next week. At this point, there are three scheduled public hearings to address different subject matters. The committee has tentative (the schedule will be firmed up next week) plans to listen to testimony per the following schedule:

Feb. 1 – Eminent Domain (which entities have condemnation authority, rights to repurchase condemned land, and procedural issues)

Feb. 8 – 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)

Feb. 15 – Bad Neighbor (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.)

If you or someone in your community that has benefited from community protections and would like to testify at the Feb. 15 meeting in particular, contact Ed Schafer at 1-800-922-6081.

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

Please contact the study committee members, and let them know of the impact the bad neighbor provisions would have upon ordinary community regulation and enforcement. It is far better to have local communities making planning and development decisions, than to have those decisions turned over to others with a license to be a bad neighbor.

Senate Joint Education Funding Committee

The Senate Joint Study Committee on Education Funding had a meeting this week and has generated several suggested changes which are more on the order of clarifying the language and making technical corrections to last year's property tax legislation.

The proposed changes will be taken up in draft form by the Senate Finance Property Tax subcommittee next Thursday, Jan. 25 at 10 a.m.

The changes discussed so far include clarifying that if either the CPI or entity population component of the millage rate cap in §6-1-320 decreases from the previous year, the change is deemed to be zero for that component of the millage rate cap. Another change would reinsert into the code language to make the distribution of the revenue from the existing $100,000 school operating exemption and the school portion of the $50,000 homestead exemption, and add language to make monthly distributions of the sales tax for property tax revenue (beginning in October of each year) to school districts. Another proposed amendment would clarify that the statewide millage rate cap in §6-1-320 applies to all school districts, unless a local act is more restrictive. The subcommittee is also expected to take up a number of technical changes to last year's property tax legislation requested by SCAC.

House Ways and Means Subcommittees Begin Work on the Budget

The House Ways and Means budget subcommittees began their work on the budget this week. The subcommittees discussed certain agencies' accountability reports, proviso requests and budget requests.

The Legislative, Executive and Local Government Subcommittee heard from the Governor's Office of Executive Policy and Programs, the Lieutenant Governor's Office and the State Election Commission.

The Governor's Office Victim's Ombudsman stated that her office is unable to punish officials they believe are in violation of the Crime Victims Bill of Rights.

During the State Election Commission hearing, the topic of election official training came up. The subcommittee discussed, and will likely adopt, a proviso which either removes a county election official or suspends the pay of a county election official who fails to complete the current certification and education requirements.

Members of the Legislative, Executive and Local Government Subcommittee are:

Brian White, Chairman

H: (864) 716-0649
W: (864) 260-4025
B: (803) 734-3066

Kenny Bingham

H: (803) 796-3582
W: (803) 796-9300
B: (803) 734-2988

Herb Kirsh

H: (803) 222-3768
W: (803) 222-9430
B: (803) 734-3071

The Criminal Justice Subcommittee heard from the Administrative Law Judge Division, the Prosecution Coordination Commission and Indigent Defense this week. There was nothing new discussed at these meetings which affect counties. However, two provisos which were adopted in previous years continue to impact the county budget:

The Prosecution Coordination Commission (representing solicitors) budget contains Proviso 33.5 which prevents a county from reducing the solicitor's office budget from the amount budgeted the previous year; and
The Commission on Indigent Defense (representing public defenders) budget still contains Proviso 35.7 which prevents a county from reducing the public defender's budget from the previous year.

Municipal Annexation Laws Study

The House Judiciary Special Laws Subcommittee will be holding a special meeting to gain input on annexation laws. The meeting is currently scheduled to be held one and a half hours after the House adjourns on Wednesday Feb. 7. Members of the subcommittee are Reps. Ben Hagood, chairman; Catherine Ceips, Garry Smith, Karl Allen and Walton McLeod.

SCAC will be asked for input in the meeting. If there are county officials who desire to testify at the hearing, please advise the SCAC staff so we can coordinate your appearance.

Other Actions of Interest

Military Preparedness and Enhancement Act – H. 3016. This bill would set up a Military Preparedness and Enhancement Commission, which would assist state and local governments in enhancing the military value of existing military bases and create a revolving loan fund for projects designed to support those military bases. The House Judiciary Special Laws Subcommittee agreed to adjourn debate on this measure pending the receipt of additional information from the community task force currently working on military issues.

Recusal Requirements for Local Officials – H. 3226. The House Judiciary Committee gave this bill a favorable report, and the House gave it a second reading. H. 3226 clarifies existing law to allow business associates of public officials to represent clients before county boards or commissions, as long as the public official recuses himself from the decision-making process. The bill would also allow business associates to perform ministerial tasks with staff members.

15 Percent Assessment Cap – S. 153. S. 153 ratifies the constitutional amendment which voters approved in November to place a 15 percent cap on increases in the value of property due to reassessment in a five-year reassessment cycle. The Senate gave the bill second reading, and it is pending third reading.

Eminent Domain – S. 155. S. 155 ratifies the constitutional amendment that voters approved in November to require private property to be taken by eminent domain only for a public purpose, except that the General Assembly may provide for private use of condemned property for the limited purpose of remedying blight. The Senate gave the bill second reading, and it is pending third reading.

Criminal Gang Activity Legislation – S. 141. This bill places the investigation and prosecution of criminal gang activity under the state grand jury. Notice must be given to a sheriff when a criminal gang member is released from a jail, prison or corrections facility. The bill also requires all state, county and municipal law enforcement agencies to furnish information they acquire relating to gangs to SLED for inclusion in a statewide criminal gang database. The Senate Judiciary Committee carried over S.141 until next week.

SCAC Lobby Days Schedule

Jan. 23

Jan. 30

Feb. 6

Feb. 13

Feb. 27

March 6

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

Institute of Government classes will be held on Tuesday, Feb. 20. These informational courses are open to all county officials. The course offerings include Orientation to County Government, Developing Good Leadership Skills, Building an Effective County Team, Effective Communications, and Strategic Planning. There is a separate registration for these courses. Materials have been mailed. The Strategic Planning course is also an approved continuing education course for planning and zoning officials.

2007 NACo Legislative Conference is March 3-7

The 2007 NACo Legislative Conference is scheduled for March 3-5 in Washington, D.C. Enclosed are a conference registration form and a hotel reservation form. The deadline for hotel registration is Jan. 24, so act quickly.

Newly-Introduced Legislation

House Bills

H. 3197 – deletes the definition of "club district" and changes the term "club" to "precinct" so as to provide that all elected precinct committeemen may vote on questions before the county committee, and the chairman may vote in case of a tie.

H. 3200 – provides a property tax credit or an income tax credit for redevelopment expenses incurred in connection with a redevelopment project.

H. 3202 – constitutional amendment to provide that hunting and fishing regulations and restrictions are only subject to what the General Assembly may prescribe by general law.

H. 3211 – provides that emergency medical services personnel participate in the S.C. Police Officers Retirement System beginning July 1, 2007.

H. 3219 – provides that contested cases arising under the Occupational Safety and Health Act be heard by an Administrative Law Judge.

H. 3226 – provides that a county official involved in a conflict of interest regarding representation of another person before a governmental body cannot be forced to vacate his seat or position, if recusal requirements are met.

H. 3227 – provides that threatening the life, person or family of a public official, whether direct or indirect, is unlawful.

H. 3228 – requires an employer to give time off not to exceed two hours to an employee to vote in a municipal, county, state or federal political party primary or election.

H. 3230 – prohibits a person from accepting more than one nomination for the same office.

H. 3233 – provides that a Certificate of Title to watercraft or an outboard motor may not be transferred, if the department has notice that property taxes for property tax years beginning after 1999 are owed on the watercraft or outboard motor.

H. 3235 – provides that "employee" under the Tort Claims Act includes members of the S.C. National Guard, the S.C. State Guard and persons acting on behalf or in service of a governmental entity in the scope of official duty, with or without compensation.

H. 3244 – limits the Department of Revenue's wage garnishment powers to be used only to collect an outstanding tax liability owed to a governmental entity.

H. 3245 – requires a public official, public member or public employee required to file a Statement of Economic Interests to disclose anything of value received worth a specified amount under certain circumstances.

H. 3247 – enacts the "South Carolina Gang Prevention Act of 2007."

H. 3248 – provides that the rates and other consumer charges of cable television companies operating in South Carolina be approved by the Public Service Commission beginning July 1, 2007.

H. 3252 – extends for 30 days the deadline for timely certification of a favorable vote in a referendum on the imposition of a local option sales and use tax held at the time of the 2006 general election.

H. 3255 – provides that DNA samples may be obtained for inclusion in the State DNA Database at the time of a lawful custodial arrest for a felony offense committed in this state.

H. 3257 – establishes a committee to study a step increase compensation plan for state employees.

H. 3262 – provides that the area of each county must be constituted as a school district, and a county may not have multiple school districts within its boundaries.

H. 3272 – provides that the Department of Public Safety establish a statewide planning and mapping system for the public buildings in this state for use by response agencies that are called to respond to an act of terrorism or related emergency.

H. 3278 – provides a uniform method of filling vacancies in an elected or appointed office when a person moves his residence outside of the area from which he was elected or appointed.

H. 3279 – establishes the Mobility Development Authority within the State Budget and Control Board that must develop and coordinate a general mass transit program and policy for the state.

H. 3286 – provides for the use of plain language communications by each state and local emergency, fire and law enforcement agency.

H. 3288 – provides that emergency medical services personnel participate in the S.C. Police Officers Retirement System beginning July 1, 2007.

H. 3297 – provides that a caucus of the General Assembly is not subject to the Freedom of Information Act.

H. 3300 – provides that increases in value attributable to periodic reassessment of owner-occupied residential property allowed the homestead exemption are exempt from property tax.

H. 3302 – restricts counties' ability to regulate the construction and placement of new wireless communications service facilities and modifications to existing facilities.

H. 3303 – reduces from 48 to 12 consecutive months after which a beneficiary returned to active service in covered employment may be restored to the status of active contributing member under the S.C. Retirement System and the S.C. Police Officers Retirement System.

H. 3304 – enacts the "South Carolina Emergency Medical Services Employment Act."

H. 3314 – imposes an additional motor fuels user fee and road tax on motor carriers equal to 6 cents per gallon to be credited to the State Highway Fund beginning July 1, 2007 through June 30, 2014.

Senate Bills

S. 233 – provides that any dangerous animal that attacks a human being or domestic animal must be seized and impounded.

S. 238 – increases from 28 to 30 years the service credit required for a member of the State Retirement System to retire without a reduction in benefits.

S. 239 – closes and repeals the TERI program.

S. 240 – allows a $3,000 a year income tax deduction for volunteer state constables designated by SLED as advanced state constables.

S. 241 – requires the Retirement System Investment Commission to divest its portfolio of investments in companies that are complicit with the government of Sudan in the Darfur genocide.

S. 242 – prohibits the Retirement System Investment Commission from investing in any security or other obligation issued by an entity which is a known sponsor of terrorism.

S. 243 – establishes the "South Carolina Hydrogen Infrastructure Development Fund."

S. 244 – requires the county auditor, when determining the value of an automobile, to use the lower of the MSRP, the value published by the Department of Revenue or the actual price paid by the owner.

S. 245 – provides that a school district must not be reimbursed from he Homestead Exemption Fund in 2007-2008 for more than the district actually collected or received in 2005-2006, if a school district's operational millage for 2006-2007 increased by more than 10 percent over the prior fiscal year.

S. 247 – allows for the creation of early voting centers.

S. 248 – creates the Elections Study Commission, which is to make recommendations to improve citizen-informed participation in the electoral process.

S. 249 – creates a committee to examine the license fee that is charged for the issuance of a liquor license for the Sunday sale of alcoholic beverages.

S. 251 – reduces from 30 days to 21 days before the election the deadline for voter registration.

S. 253 – deletes the requirement that a ratio of one 16- or 17-year-old person for every two regular poll managers be maintained.

S. 254 – provides that a 17-year-old high school student be furnished with a voter registration form and be apprised of the importance of voting. Requires that a high school student be mailed a voter registration card before the first election in which he is eligible to vote.

S. 255 – creates a "short state ballot," which is a ballot with the names of candidates for federal and state constitutional offices, and a "short county ballot," which would also include countywide offices.

S. 256 – requires all electronic voting machines to print out a receipt showing how the voter cast his vote.

S. 264 – requests that the Department of Probation, Parole and Pardon Services place all persons who are determined to be sex offenders under global positioning system satellite surveillance.

S. 266 – enacts the "South Carolina Priority Investment Act."

S. 267 – authorizes local governments to enact ordinances for the removal of abandoned mobile homes, and authorizes a fee to defray the costs.

S. 271 – makes numerous changes to the "Clean Indoor Air Act of 1990" relating to tobacco use.

S. 274 – allows the Department of Corrections to establish day reporting centers for certain inmates.

S. 275 – allows an income tax credit of $500 per acre of enhanced riparian buffer maintained by a taxpayer.

S. 282 – makes various changes to the state procurement code for contracting of facility construction.

S. 284 – deletes the constitutional requirement that the Adjutant General be elected.

S. 285 – deletes the Comptroller General from the list of state officers which the constitution requires to be elected.

S. 286 – deletes the constitutional requirement that the Superintendent of Education be elected.

S. 287 – deletes the constitutional requirement that the Commissioner of Agriculture be elected.

S. 288 – deletes the constitutional requirement that the Secretary of State be elected.

S. 289 – provides that a municipality may not require annexation as a condition to providing utility services.

S. 296 – allows assistant solicitors to participate in the S.C. Police Officers Retirement System.

S. 297 – enacts the "South Carolina Emergency Medical Services Employment Act."

S. 298 – provides that the Director of the Department of Insurance must be elected by the General Assembly.

Issue 01-07 — Jan. 12, 2007

The first week of the 2007 legislative session was largely focused on the business of the inauguration of the Governor and statewide elected officials. In the Senate, there was also the business of reorganizing due to the remembrances of Sen. J. Verne Smith and Chaplain Meetze and swearing-in of Sen. Lewis Vaughn. More than 500 bills were introduced in the House and Senate this week.

2007 SCAC Legislative Program

The success of SCAC's legislative program is a direct result of the number of county officials who take an active part in the program. SCAC staff provides volumes of information, facts and statistics, but it is the individual conversations by phone, e-mail or in person and letters from local leaders back home which are the most effective.

SCAC has a series of Lobby Days scheduled to facilitate personal visits to the State House during January and February. County officials will gather at the SCAC office for a brief update and schedule of meetings for the day at 10:30 a.m. and then adjourn to the State House and legislative offices. A schedule of which Tuesday your county has been asked to visit is attached. SCAC will also hold the Mid-Year Conference and Legislative Reception on Feb. 21 (details below). Here's how you can make your participation most effective:

Read the Friday Report and Legislative Alerts. They provide critical information on a timely basis;
Respond to the information in the Friday Report and Legislative Alerts. These publications will tell you when your input may make the most difference in the legislative process;
Interact with your legislators on a regular basis, not just when you want to tell them how you want them to vote;
Be clear, concise, and accurate when you address an issue with legislators;
Ask for a commitment of support for our position and make sure that the answer is clear. Follow up with an appropriate clarifying question, such as "So you'll vote to table the amendment?" when the initial answer is not clear;
Thank them. If they agreed to support your request, thank them. If they did not agree to support your position, then thank them for their time and attention to your concerns; and
Relay the results of your communications with legislators to the SCAC staff. This is the only way we can get an accurate gauge of the support for or opposition to a particular proposal.

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 the Embassy Suites Hotel in Columbia. Registration information has been mailed. The program will provide a briefing on legislation affecting county government before the General Assembly and give county and state officials an opportunity to discuss those issues. Now is the time to start arranging meetings with members of your delegation. SCAC will also host the General Assembly at a reception Wednesday evening, Feb. 21 at Embassy Suites Hotel.

Institute of Government classes will be held Tuesday, March 7. These informational courses are open to all county officials. The course offerings include Orientation to County Government, Developing Good Leadership Skills, Building an Effective County Team, Effective Communications, and Strategic Planning. There is a separate registration for these courses, and these materials have been mailed. The Strategic Planning course is also an approved continuing education course for planning and zoning officials.

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.

Jan. 16

Jan. 23

Jan. 30

Feb. 6

Feb. 13

Feb. 27

March 6

Millage Rate Limitation Factors

Act No. 388 of 2006 changed the methodology for determining local millage limitations in S.C. Code Section 6-1-320. A local governing body may increase the millage rate for general operating purposes above the rate imposed in the preceding tax year only to the extent of the increase in the average of the 12 monthly CPI indices for 2006 plus the percentage increase in population in the jurisdiction from July 1, 2005 to July 1, 2006.

The average CPI for calendar year 2006 is not yet available; however, it is expected to be more than 3 percent. The population estimates as of July 1, 2006 are also unavailable. These millage rate limitations can only be exceeded for specifically enumerated statutory conditions, and then only by a two-thirds vote of the governing body. Any millage levied above the millage rate limit is temporary and does not become part of the base for the next fiscal year. SCAC will send out information on this year's millage rate limitation as soon as it becomes available.

FY 2007-08 Local Government Fund (LGF)

SCAC has received the projected distributions from the Local Government Fund (LGF) for FY 2007-08. The sheet showing each county's distribution is available on the SCAC website (click here) and is enclosed with this Friday Report. The projected increase is 11.5 percent, or an additional $23.7 million for counties. The LGF is funded by a statutory formula in an amount equal to 4.5 percent of the state general fund for the latest completed fiscal year. Governor Sanford fully funded the LGF in his executive budget.

GASB Fund Balance Reporting and Fund Type Definitions

For finance officials, the Governmental Accounting Standards Board (GASB) is in the process of developing guidelines for reporting of fund balances and fund types. This may affect how rating agencies view a county's financial health. If you have input to offer, Julie O'Brien, Lake County Illinois Controller, the NACo-appointed representative on the GASB Advisory Council, would like that input by mid-January. Send e-mail via jobrien@co.lake.il.us.

2007 SCAC Legislative Policy Positions

The Policy Positions for the 2007 Session of the S.C. General Assembly adopted by the SCAC Legislative Committee were mailed to county officials earlier and are available on the SCAC website (click here). The legislative development process is discussed in detail in the front of the policy positions publication and on the website. A copy of the 2007 SCAC Legislative Priorities pamphlet is enclosed.

'Can't Wait to Get Your Friday Report Each Week, or Missed Your E-mail Version This Week?

Information has a short shelf life in the legislative arena. The sooner you get legislative updates, the sooner you are able to contact the members of the General Assembly to thank them for doing helpful things or give them the information they need to make better decisions. The Friday Report is usually available on SCAC's website by 3 p.m. on Friday.

The Friday Report can also be sent to you via electronic mail. Just fax the enclosed form, or follow the instruction to request e-mail. If you stop receiving the e-mail version of the Friday Report, please call us. We may have an old e-mail address.

Newly-Introduced Legislation

House Bills

H. 3002 – prohibits "pass through" appropriations in an act or joint resolution appropriating funds to a state agency, unless the act or joint resolution explicitly provides the amount to be passed through, and the recipient and use of the passed-through funds.

H. 3006 – provides that motor vehicles must not block bicycle lanes and must yield to bicyclists in such lanes.

H. 3007 – closes the TERI Program to new participants effective July 1, 2007.

H. 3008 – provides a property tax exemption for real property owned by a charitable organization which is held for future use by the organization or investment in pursuit of its exempt purposes.

H. 3009 – proposes a petroleum franchise fee on all suppliers of motor fuels sold and delivered within the state with the proceeds going to DOT and credited to the state's highway fund.

H. 3010 – increases sick leave credit for purposes of the S.C. Retirement System and S.C. Police Officers Retirement System from 90 days to 120 days.

H. 3012 – exempts food eligible for purchase with U.S. Department of Agriculture food coupons from the local option sales tax, capital project sales tax, personal property tax exemption sales tax and transportation infrastructure sales tax.

H. 3013 – provides that a governmental body may not contract to purchase and a person may not contract to sell tangible personal property, unless the person is licensed with SCDOR and agrees to remit sales and use tax.

H. 3015 – provides the option of a property tax credit or state income tax credit instead of just compensation for the value of property that is subject to a condemnation action for the purpose of building a sidewalk or bicycle path.

H. 3016 – enacts the "South Carolina Military Preparedness and Enhancement Act" and provides loans to assist defense communities to enhance the value of military facilities.

H. 3022 – enacts the "South Carolina Minimum Wage Act" and sets the minimum wage at $7.25 an hour.

H. 3025 – establishes and enforces standards of ethics in the profession of immigration assistance by private individuals who are not licensed attorneys.

H. 3026 – requires reasonable efforts by local law enforcement officials to determine the nationality of persons charged with felonies or driving under the influence offenses.

H. 3029 – 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. 3030 – authorizes a rural community water district to provide a sewage collection system within the district.

H. 3032 – establishes an illegal alien study committee to study appropriate enforcement of federal and state laws relating to the presence of illegal aliens in this state and to make legislative recommendations.

H. 3035 – enacts the "Identity Theft Protection Act."

H. 3037 – requires a state agency or political subdivision of the state to verify the legal presence of a person in the U.S. seeking to obtain public benefits.

H. 3041 – provides that a vendor and its employees must be legal residents of the state to take advantage of a procurement preference in connection with a procurement subject to the State Consolidated Procurement Code.

H. 3045 – enacts the "Volunteer Strategic Assistance and Fire Equipment Act of 2007 (V-SAFE)."

H. 3049 – enacts the "Criminal Gang Prevention Act" and allows counties to adopt and enforce ordinances consistent with the act relating to criminal gangs, criminal gang members and gang violence.

H. 3053 – a joint resolution to direct the S.C. Attorney General to initiate or join other states in a lawsuit against the U.S. Attorney General to demand the enforcement of all existing federal immigration laws by the federal government.

H. 3054 – adds a college identification card with a photograph as another form of proof of identity authorized to be accepted as voter identification.

H. 3060 – 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. 3062 – provides that upon the request of a law enforcement officer, a summary court or municipal judge must issue a summons to appear and authorizes the appropriate law enforcement agency to fingerprint the person who is the subject of the summons to appear.

H. 3066 – enacts the "South Carolina Priority Investment Act" by amending the housing element and providing for transportation and priority investment elements of local comprehensive plans.

H. 3067 – provides that a county must perform a cost-benefit analysis and produce a written report based on the analysis before exercising eminent domain powers, and adds a definition of "just compensation" to the Eminent Domain Procedure Act.

H. 3068 – enacts a comprehensive "Illegal Immigration Reform Act."

H. 3072 – imposes a 60 cent tax on each pack of cigarettes sold, and establishes the Health Care Trust Fund to address those health care needs as designated by the General Assembly.

H. 3076 – provides that the Public Service Commission shall require countywide toll-free calling to be provided by all telephone utilities operating within York County by July 1, 2007.

H. 3079 – provides for an appeal of the county assessor's decision to remove the agricultural use classification of property to the county governing body, and allows payment of attorney's fees to the taxpayer who prevails on appeal.

H. 3080 – prohibits a state or local entity from printing and producing written material in a foreign language, unless required by federal law.

H. 3092 – enacts the "South Carolina Red Light Running Act of 2007," and provides that local governments may adopt ordinances for the civil enforcement of certain traffic laws by the use of traffic control monitoring systems.

H. 3093 – enacts the "Criminal Gang Prevention Act."

H. 3104 – provides for the licensure of locksmith agencies, requires employee registration and requires signed work order forms when opening residences or commercial establishments.

H. 3107 – provides that the Public Service Commission shall require countywide toll-free calling to be provided by all telephone utilities operating within a county by July 1, 2007.

H. 3108 – provides that an officer or employee of the state or a local government agency may not use a voice-mail system, if the officer or employee is at his regularly-assigned workstation.

H. 3111 – provides that beginning in 2008, members of the House of Representatives must be chosen every fourth instead of every second year.

H. 3114 – enacts the "South Carolina Priority Investment Act" by amending the housing element and providing for transportation and priority investment elements of local comprehensive plans.

H. 3115 – authorizes that a special purpose district which only provides sewage collection and disposal may use any method of financing the construction of sewer lateral construction lines within the district.

H. 3117 – eliminates certain Workers' Compensation benefits directly to an illegal alien.

H. 3118 – enacts the "South Carolina Clean Elections Act."

H. 3119 – extends the smoking prohibition provided for in the "Clean Indoor Act of 1990" to restaurants, bars, lounge areas and recreational facilities; and provides that the act must not be construed to permit smoking where it is prohibited by a local ordinance.

H. 3129 – stipulates that funds generated from fines and assessments for victims services may not be used for law enforcement activities or purposes—including police equipment and training or for the difference in employer contributions between the S.C. Retirement System and the Police Officers Retirement System.

H. 3139 – enacts the "School Safety Act of 2007" so as to provide for the prevention of criminal gang activity.

H. 3141 – enacts the "Omnibus Security and Immigration Compliance Act."

H. 3142 – changes the term of office for the House of Representatives from two to four years.

H. 3147 – authorizes the State Election Commission to establish a pilot program for the purpose of testing the establishment of vote centers, where a registered elector in a county may vote regardless of the precinct in which the elector resides.

H. 31483 – enacts the "South Carolina Immigration Compliance Act of 2008."

H. 3149 – provides that a person may not receive food stamps unless the person verifies that he or she is lawfully present in this state.

H. 3152 – imposes a 1.6 cent per cigarette license tax beginning July 1, 2007 and adjusted annually, based upon the Consumer Price Index.

H. 3153 – establishes the Mass Transit Advisory Council and provides that revenue equal to 2 cents a gallon of the total user fee on gasoline must be used for mass transit.

H. 3163 – establishes the state minimum wage at $7.00 an hour, and prohibits a political subdivision from requiring a minimum wage lower than the state minimum wage.

H. 3174 – establishes a procedure to allow a county official to represent a person before an agency, unit or subunit of that county.

H. 3194 – a joint resolution proposing an amendment to Article XV of the S.C. Constitution that provides procedures for recalling and removing from public office persons holding public offices of the state, a specified district of the state or a political subdivision.

Senate Bills

S. 1 – deletes the constitutional requirement that the Superintendent of Education be elected, and provides that the position must be appointed by the Governor upon the advice and consent of the Senate.

S. 2 – deletes the State Treasurer from the list of state officers which the constitution requires to be elected and provides that the State Treasurer shall be nominated by the Governor, approved by unanimous vote of the Governor, the State Comptroller General, the chairman of the Ways and Means Committee, and the chairman of the Finance Committee, and subject to the advice and consent of the Senate.

S. 3 – deletes the Comptroller General from the list of state officers which the constitution requires to be elected and provides that the Comptroller General shall be nominated by the Governor, approved by unanimous vote of the Governor, the State Treasurer, the chairman of the Ways and Means Committee, and the chairman of the Finance Committee, and subject to the advice and consent of the Senate.

S. 4 – this legislation deletes the constitutional requirement that the Secretary of State be elected, and provides that the position must be appointed by the Governor upon the advice and consent of the Senate.

S. 5 – this legislation deletes the constitutional requirement that the Adjutant General be elected, and provides that the position must be appointed by the Governor upon the advice and consent of the Senate.

S. 6 – this legislation deletes the constitutional requirement that the Commissioner of Agriculture be elected, and provides that the position must be appointed by the Governor upon the advice and consent of the Senate.

S. 8 – enacts the "Financial Identity Fraud and Identity Theft Protection Act." This legislation restricts the use of Social Security Numbers by state and local entities.

S. 11 – clarifies that a public official or a public employee is required to report the source of any gifts on the Statement of Economic Interest, and deletes the requirement that a candidate must maintain and preserve an account of the occupation of each person making a campaign contribution.

S. 14 – authorizes a dependent child of a qualified elector to accompany the elector in the voting booth while he is casting his ballot.

S. 15 – enacts the "Uniform Interstate Enforcement of Domestic-Violence Protection Orders Act."

S. 16 – allows interested persons to waive the Filing of an Accounting, a Proposal for Distribution of Assets or a Notice of the Right to Demand a Hearing in probate court.

S. 17 – updates the Uniform Interstate Family Support Act.

S. 28 – repeals Chapter 7 of Title 41, the Right to Work Act.

S. 29 – states that a political subdivision subject to the State Procurement Code may set aside 25 percent of its procurement funds for the contracting of goods and services outside the provisions of the State Procurement Code from a South Carolina vendor.

S. 31 – amends the Federal Defense Facilities Redevelopment Law to define municipality as a part of the "Area of Operation" entitled to representation on a redevelopment authority, and then makes several other changes relating to restructuring the redevelopment authority with municipal membership and control.

S. 33 – deletes §4-9-30(15) which grants counties the ability to use eminent domain for slum clearance or redevelopment, and amends §5-7-50 which gives municipalities similar authority and restricts the uses of eminent domain.

S. 36 – requires all political subdivisions to observe state legal holidays.

S. 38 – amends the constitution to authorize the operation or possession of coin-operated machines.

S. 42 – requires all state entities to report to the General Assembly and to the Governor on Jan. 15 and July 15 of each year the justification of the dollars from any source that are received by them and how these dollars are used to provide services to the citizens of the state.

S. 43 – states that a sex offender who is serving a probationary sentence must be placed under global positioning system satellite surveillance continuously for the duration of his probationary sentence.

S. 47 – provides that agencies which employ law enforcement officers must collect and maintain certain data relating to vehicle traffic enforcement including, but not limited to, the race or ethnicity of the driver stopped.

S. 49 – provides that a court may sentence certain offenders to a home detention program as an alternative to incarceration.

S. 50 – states that the administration and enforcement of laws and regulations relating to alcoholic beverages are reserved to the state. Additionally, provides that alcohol may be sold at any time except between the hours of 12:00 Saturday night and sunrise Monday morning, and that local ordinances in conflict are deemed unenforceable.

S. 52 – enacts the "South Carolina Low Income Housing Tax Credit Act" which provides an income or insurance premium tax credit for expenditures to develop rental housing units for low income tenants.

S. 55 – changes the tax on alcohol from 5 cents per drink to 66 cents per liter.

S. 56 – adds arrest warrants issued for the preceding three months as documents subject to public inspection and copying.

S. 57 – requires that a ballot initiative must be requested by at least 5 percent, instead of 15 percent, of the qualified electors of a county and at least 10 percent, instead of 15 percent, of the registered voters of a municipality.

S. 58 – provides that a municipality's Power of Condemnation does not include owner-occupied residential property located outside of a municipality.

S. 59 – 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 cast an absentee ballot.

S. 60 – amends the constitution to authorize the operation or possession of coin-operated machines.

S. 61 – enacts a statewide curfew, and provides a procedure for counties and municipalities to opt out of the curfew.

S. 64 – prohibits a person from accepting more than one nomination for the same office.

S. 68 – provides that the Director of the Department of Insurance shall be elected.

S. 73 – makes several changes in the Tax Increment Financing Act for Counties, and deletes the authority in a municipal improvement district for including future owner/owner-occupied residential property in the improvement district with the owner's written permission.

S. 78 – enacts the "Criminal Gang Prevention Act."

S. 79 – allows assistant solicitors to participate in the S.C. Police Officers Retirement System.

S. 81 – makes it unlawful to give false information or identification to a law enforcement officer for the purpose of avoiding arrest or criminal charges.

S. 85 – provides that the Public Service Commission can regulate a municipal utility's operations outside of the municipality's corporate limits.

S. 88 – provides that assessments and surcharges are not to be placed on parking violation fines.

S. 98 – states that the elections of clerks of court and probate judges are to be nonpartisan.

S. 100 – states that the Department of Parks, Recreation and Tourism may not impose an entrance or admission fee in a park that existed and did not charge the fee before 2001.

S. 102 – sets the minimum wage in South Carolina to $6.15 per hour.

S. 107 – provides that a local governing entity may, upon referendum approval, impose an impact fee on the construction or set-up of new residential property to be used for the construction of public education facilities.

S. 110 – enacts the "Uniform Expungement of Criminal Records Act."

S. 116 – enacts the "South Carolina Isolated Wetlands Act of 2007."

S. 118 – creates the offense of slander or libel of a candidate for public office.

S. 119 - Limits annual increases in state general fund appropriations to 5 percent.

S. 120 – amends the definitions of "committee" and "influencing the outcome of an elective office" for the purposes of campaign practices.

S. 130 – requires certain procedures to be done by a county before exercising eminent domain, and enacts the "South Carolina Private Property Rights Protection Act."

S. 133 – provides that a person who has served as a state constable for at least 10 years meets the training and experience qualifications for the office of sheriff.

S. 137 – provides that common law marriage in this state is not valid after June 30, 2008.

S. 139 – states that a trailer used for camping and recreational travel that is pulled by a motor vehicle, which the Internal Revenue Code would qualify as a primary or secondary residence, is considered real property for property tax purposes.

S. 141 – enacts the "Criminal Gang Prevention Act."

S. 142 – provides that a suspect must give a DNA sample upon a lawful custodial arrest. Deletes requirements that persons authorized to take a sample must be certain types of health professionals, and provides that they must be appropriately trained. Provides for coordination between SLED and local law enforcement agencies to prevent the collection and processing of duplicate DNA samples.

S. 143 – establishes a statewide criminal case management system.

S. 146 – provides that any municipal or county law enforcement officer may be transferred or assigned on a temporary basis to work within multi-jurisdictional task forces established for the mutual aid and benefit of the participating jurisdictions.

S. 148 – skeleton bill intended to set mandatory minimum amounts of bail required for persons who commit violent crimes while released on bail.

S. 150 – skeleton bill intended to enact the "State Government Accountability and Reform Act of 2007."

S. 152 – ratifies the state constitutional changes regarding the state retirement system, including authorizing retirement system investment in non-domestic corporations.

S. 153 – ratifies the state constitutional changes regarding the assessment of property, including limiting to 15 percent increases in the value of real property.

S. 154 – ratifies the state constitutional provision stating that a marriage between one man and one woman is the only lawful domestic union in the state.

S. 155 – ratifies the state constitutional changes regarding the use of eminent domain.

S. 163 – authorizes a governing body of a county or municipality to grant or deny a waiver from the requirements of codes or ordinances specifying the location of fire hydrants.

S. 164 – establishes coordination between adjacent and other relevant jurisdictions during the local planning process of a comprehensive plan, and establishes the designation of priority infrastructure areas as an element of comprehensive plans.

S. 165 – makes numerous amendments to the Comprehensive Infrastructure Development Act, including requiring state agencies and programs to consider and determine whether impacts are consistent with regional and local government plans.

S. 171 – requires DHEC to develop and implement a long-range strategy for preserving and protecting the environment and public health, including requiring the department to certify that every major environmental permitting action is consistent with this strategy and other state and local plans.

S. 175 – provides that the S.C. Emergency Management Division shall create and operate a Statewide First Responder Building Mapping Information System.

S. 177 – enacts the "South Carolina Commercial Property Usage Act of 2007," which is essentially the "Hog Bill" for all other business entities—substantially restricting the ability for counties to regulate commercial property.

S. 179 – abolishes the Workers' Compensation Commission, and transfers all assets and employees to a new Division of Workers' Compensation in the Department of Insurance.

S. 180 – states that the Workers' Compensation Fund shall not make a payment to an illegal alien claimant for a salary, supplement, benefit, living sustenance or other payments related to an injury experienced on the job.

S. 186 – deletes the requirement that laws, ordinances or rules pertaining to tobacco products may not supersede state law.

S. 190 – makes numerous changes to the law regarding sex offenders.

S. 196 – enacts the "Family Court Reform Act of 2007."

S. 201 – authorizes a municipality to annex an area by ordinance, if the area is completely surrounded by the municipality.

S. 203 – lowers from 75 percent to 60 percent the percentage of freeholders who must sign a petition with a municipality to have property annexed, and lowers the percentage of assessed valuation of real property from 75 percent to 60 percent that must be owned by those freeholders.

S. 205 – enacts the "South Carolina Clean Elections Act."

S. 207 – makes several changes regarding the returning to active service and the restoration to the status of active contributing members of retirees under the S.C. Retirement System and the S.C. Police Officers Retirement System.

S. 210 – provides that the Director of the Department of Insurance shall be elected.

S. 211 – enacts the "Watercraft Gambling Act," so as to make it lawful to use gambling devices on watercraft.

S. 213 – enacts the "Prevention of Underage Drinking and Access to Alcohol Act of 2007."

S. 215 – provides that Miranda warnings need not be read at a breath test site if read at the incident site, and that a failure to capture any portion of the conduct required to be videotaped is automatically not grounds to dismiss a charge or suppress the videotape.

S. 216 – requires that a school district's budget for general operating purposes must be approved by the county governing body of the school district.

S. 219 – provides that the clerk of the court must publish, at the expense of the convicted person, a notice of the person's conviction of a second or subsequent DUI and his picture in the manner legal notices are published in the county in which the person resides.

South Carolina Association of Counties

In This Section

Friday Reports — January 2007