State House

Friday Reports — May 2007

Issue 20-07, May 24, 2007

Issue 19-07, May 18, 2007

Issue 18-07, May 11, 2007

Issue 17-07, May 4, 2007

(Back to Other 2007 Reports)


Issue 20-07 — May 24, 2007

This is the time in the session when things begin to get really tense, as everyone realizes there are only six days left in the regular legislative session. All bills which do not pass this year will remain alive to be considered next year. However, everyone wants their bill through at least one chamber or passed completely this year. When the original bill gets bogged down, the legislation begins to pop up on other bills as an amendment.

Local Spending Limitation — H. 3615

The House Ways and Means Economic Development Subcommittee took additional testimony regarding H. 3615 and ran out of time, before they could hear from everyone signed up to speak. Sumter County Administrator Bill Noonan did an excellent job of testifying, and a good group from Laurens and Clarendon counties was present as well. This will probably be the end of subcommittee work on H. 3615 for the year, because the House Ways and Means Committee has no current plans to meet again this year.

Thanks to all who came to Columbia, sent e-mails or called. These are very effective to this point. Don't forget to thank the members of the House you contacted.

Conference Committee Continues to Meet on the Budget

The Budget Conference Committee made little headway this week as ancillary issues such as the income tax cut, the sales tax cut and the cigarette tax continued to prevent the committee from delving into the money portion of the budget. Senate Finance passed out a continuing resolution this week in case the conferees fail to compromise on a bill. Despite the apparent lack of progress, it is likely that the conferees will reach an agreement next week.

Proviso 37.36, entitled Quota Elimination, has yet to be discussed. The proviso directs $1.9 million for the Department of Corrections (SCDC) to open 192 beds at Kirkland and 96 beds at MacDougall to increase SCDC's reception and evaluation (R&E) capacity to process newly-sentenced inmates from the counties. Please continue to contact your members of the General Assembly to ask that they support Proviso 37.36.

Workers' Compensation Reform — S. 332

The House has appointed Reps. Cato, Chellis and Haley to the conference committee on S. 332. Once the Senate appoints its conference committee members, they will begin work to settle the substantial differences between the two versions of S. 332. It may not get done this session. However, the proposed resolution to bring the General Assembly back for the week of June 19-21 would allow for adoption of a conference committee report.

The provisions of the House version as a whole are more likely to stabilize Workers' Compensation insurance premiums. However, there are some more desirable provisions in the Senate version, chief among them the closure of the Second Injury Fund on July 1, 2008—instead of the scaled back continuance of the Second Injury Fund contained in the House version.

Solid Waste Regulation — R. 3113

The House Agriculture Committee remanded the proposed regulations to DHEC for the express purpose of removing a sentence that would have allowed applicants with pending permits to avoid changes in county waste plans upon meeting certain criteria. SCAC supported the withdrawal and amendment. DHEC advises that resubmission of the regulation will be held until the end of the year. This action will add a couple of weeks to the March, 2008 automatic approval date. The Senate has adjourned debate on the same regulation until next session. SCAC will meet with DHEC over the summer to discuss any pending issues.

Indigent Defense Parity — S. 446

This legislation is intended to create parity between indigent defense and the circuit solicitors. Public defender offices would operate by circuit, with a circuit public defender heading the public defender office within a given judicial circuit. The bill also codifies language which has been in the budget to prohibit a county reducing funds appropriated for indigent defense below the amount it appropriated in the previous fiscal year. The circuit public defender would be able to hire county public defenders in order to ensure adequate representation of indigent people. The bill is written with the intent of holding counties harmless for any additional costs associated with creating this new system. Personnel hired by the circuit public defender would be county employees; however, all personnel costs must be reimbursed to the administering county from operational funds provided to the circuit public defender office from county and state appropriated funds. Both versions of the bill take effect upon signature of the Governor.

The House version of the bill contains language which would allow the assistant solicitors and assistant public defenders to participate in the Police Officers Retirement System. The amendment ostensibly holds counties harmless for the difference in the employer contribution rates. The Senate took the retirement provision out of S. 446 this week. The House nonconcurred in the Senate amendments, and the bill will go to conference committee.

One problem that may arise is that public defender employees include attorneys (county chief PDs and assistant PDs) who represent indigent defendants in court and can be sued for legal malpractice.

Because the bill becomes effective upon signature by the Governor, and because the fiscal year for the state and for counties expires on June 30, it is likely that some legal malpractice policies will expire soon. It is important that legal malpractice insurance, currently in place for PDs, not expire before other arrangements are made for follow-up on insurance coverage. It is therefore important for each county to contact their public defender or equivalent office to determine how legal malpractice insurance is currently being provided and how it can be provided in the future. If legal malpractice insurance is allowed to expire, the county may be liable for any damages that a PD—as a county employee—would be liable for. If the PD's current legal malpractice insurance will expire in the near future, it is advisable to have the current policies renewed.

Other Actions of Interest

  1. Campers and Large Boats – S. 139. The conference committee members on S. 139 met, adopted an amendment to delete the reference to RVs, campers, and boats with a head, a bed and a galley being real property, and submitted their free conference report. The free conference report was adopted by both the House and Senate, and it will be enrolled for ratification.
  2. Joint Water and Sewer Systems – H. 3711. This bill defines procedures for the creation of joint water and sewer authorities. The Senate concurred in the House amendments to H. 3711, and it has been enrolled for ratification.
  3. EMT Background Checks – H. 3304. This bill requires a criminal background check before employment as an EMT or renewal of an EMT license. H. 3304 received a favor-able report from a Senate Medical Affairs subcommittee. The Senate Medical Affairs Committee gave H. 3304 a favorable report, and it is pending third reading in the Senate.
  4. Erroneous Mortgages Satisfaction – H. 3033. This bill would create a uniform procedure for the filing of a recession of an erroneous mortgage satisfaction. Several members of the Senate Judiciary Committee had concerns with the bill, and opposition from the S.C. Bar Real Estate Section caused the bill to be carried over.
  5. Judicial Enhancement – H. 3934. This bill requires the Clerk of Court to report all grand jury indictments that return a true bill to Court Administration, along with the name of the defendant and the offense charged. H. 3934 also increases the magistrate court civil jurisdictional limit from $7,500 to $15,000. H. 3934 was amended to delete the provision that would have allowed family court judges to appoint hearing officers and was given a favorable report by the House Judiciary Committee.
  6. Agritourism – H. 3568. This bill allows for additional supplemental and incidental uses of an agricultural use valued parcel to not disqualify the parcel from receiving the ag use value. A Senate Finance subcommittee reported the bill out favorably.
  7. Green Buildings – H. 3034. The Senate Medical Affairs Committee amended H. 3034 to conform it to the Senate version of the bill, which would allow commercial buildings in excess of 10,000 square feet which meet LEED Silver or Green Globes criteria to receive an income tax credit. However, H. 3034 omits the provision in S. 377 that would exempt a project from further fees for the permit and inspection process, if a bond is posted and a request is made for an expedited building permit/inspection process. The Senate adopted the committee amendment and gave it third reading.
  8. Eminent Domain Study Committee – S. 661. The Senate concurred in the House amendments to this resolution extending the life of the Eminent Domain Study Committee until Jan. 31, 2008. S. 661 has been enrolled for ratification and now goes to the Governor.
  9. Property Tax Changes – S. 367. This bill would clarify the CPI plus population language in the millage rate cap to ensure that population loss is deemed a zero for the rate limitation formula. Amendments adopted include making the assessable transfer of interest certificate a separate mailing—instead of part of the tax bill—and requiring it every year for property held by a legal entity, but only as necessary for individual landowners. S. 367 is pending consideration of the Senate amendments by the House.
  10. Alcohol Diversion Program – H. 3490. This bill allows 17- to 20-year-olds with a first-time alcohol related offense, other than DUI, to enter an alcohol education program and avoid a conviction which would jeopardize their Life Scholarship. House concurred in Senate amendments to the bill, and the bill has been enrolled for ratification.
  11. Dual Officeholding – H. 3804. H. 3804 amends the state constitution to exempt law enforcement officers from the dual officeholding prohibition. The Senate Judiciary Committee carried over the bill. Several committee members expressed concerns about a county law enforcement officer holding an office in a municipality within that county, and issues of how to address the application to an officer serving on a multi-jurisdictional task force.
  12. Building Codes – S. 504. The House has passed S. 504, and it will be enrolled for ratification. S. 504 would modify current law to say that the procedure for modifying a building code will be the same as adopting a new code, and establishes a procedure for emergency code modifications.
  13. Sex Offenders GPS Monitoring – S. 43. This bill would require persons convicted of certain sexual related offenses to be electronically monitored by the Department of Probation, Parole and Pardon Services (PPP). At the request of SCAC, PPP agreed to language that clarified reporting by clerks of court and detention facilities of offenders release and sentence dates and deleted the exclusion of weekends and holidays from the running of the three day notice which must be given to PPP. A House Judiciary sub- committee reported the bill favorably with the amendment to the full committee.
  14. Court Appearance – H. 3857. This bill provides for penalties when a person released on bond fails to appear in court, and increases the bond forfeiture time from 30 to 90 days. H. 3857 was amended by the House to include a $20 fee for the clerk among other things. The bill has passed the House and goes to the Senate.
  15. Law Enforcement Training Costs – H. 3326. This bill requires a governmental entity hiring a law enforcement officer from another governmental entity to reimburse the entity losing the officer for training costs, if hired within two years of completing training. The House Judiciary Committee will consider H. 3326 again next Tuesday. SCAC staff and other interested parties will meet to address concerns raised before the committee meeting.
  16. Presidential Primaries – S. 99. This bill authorizes the State Election Commission to conduct presidential primaries with the parties setting the date for primaries, along with an amendment to increase candidate filing fees and a new tax check-off to defray state expenses. The House Judiciary Committee amended S. 99 to include municipal primary elections and gave the bill a favorable report.
  17. Election Training Enforcement – S. 327. This Senate version of S. 327 includes a provision to consolidate the Spartanburg Elections and Registration Boards, replaces the word "shall" in the House version of the bill with "must," and adds that the 18 months to complete the training is not extended if a board member is reappointed—unless there is a break in service. The House rejected the Senate amendment, and it may be headed to a conference committee.
  18. Mechanics' Liens – S. 511. This bill would prohibit an unlicensed residential contractor from filing a mechanic's lien. The Senate LCI Committee met to consider this bill, after it was amended with provisions worked out between the ROD's and the Home Builders Association to ensure that chain of title procedures are followed. The Senate LCI Committee adjourned debate on the bill.
  19. Public Campaign Funding – S. 205. This bill would provide public funding of election campaigns for state offices. The Senate Judiciary Committee amended the bill by striking the entire bill and converting it to a study committee to address election campaign funding with a report due no sooner than Jan. 31, 2010.
  20. Identity Theft – S. 453. This bill sets up procedures for handling Social Security Numbers and other personal information in governmental records. A House Judiciary subcommittee held two meetings this week and will meet for a final time Tuesday, immediately preceding the full Judiciary Committee.
  21. Smoking Ban – S. 103. This bill would prohibit smoking in public places, except in certain prescribed areas. A House Judiciary subcommittee amended the bill to add additional places covered by the ban and to prohibit local governments from passing laws more restrictive, except for local government buildings. The subcommittee reported the bill favorable to the full Judiciary Committee.
  22. Concealed Weapons Permits – H. 3964. The House Judiciary Committee gave a favorable report to H. 3964 to allow concealed weapons in schools. One amendment provides that if a person is involuntarily committed to the Department of Mental Health, documents must be transmitted to SLED for use in the concealed weapons permit process. H. 3964 is pending second reading on the House calendar with the involuntary commitment amendment.
  23. Traffic Diversion – H. 3572. A Senate Judiciary subcommittee reported this bill out favorably this week. This legislation would allow a first-time traffic offender to avoid a conviction, including the fine and points, if they enter an education or public service program. All solicitors are responsible to begin a program. The legislation gives the entity which runs the program $140, and holds state agencies harmless for their losses due to diverted traffic tickets. The bill fails, however, to hold harmless local entities which are not fortunate enough to convince the solicitor to let them run the program.
  24. Military Base Development Rights Millage Cap Exemption – H. 3812. This bill creates an exemption from the millage rate cap for purchase of residential development rights on land surrounding a military base. A Senate Finance subcommittee reported the bill out favorably.
  25. Homestead Exemption Application – S. 652. This legislation would allow an individual to apply for the homestead exemption by mail, or by Internet if the auditor is able to access records which establish the individual's eligibility. A Senate Finance subcommittee reported the bill out favorably.
  26. Police Officers Practicing Law – H. 3771. This legislation originally removed the prohibition on police officers from practicing law. A Senate Judiciary subcommittee amended the bill to continue the prohibition on a police officer practicing law in court and reported the bill out favorably.

What's Coming Up?

The schedule of House and Senate committee meetings is updated continuously and can be found on the web at www.scstatehouse.gov. Just click on the meetings link under both the House and Senate sections of the page. At the time this Friday Report was written, there was no schedule posted affecting bills not mentioned above.

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. 4138 – authorizes public defender corporations to participate in the state health and dental plans, the S.C. Retirement System, receive state liability insurance coverage, and to include public defender corporations within the definition of political subdivisions for purposes of the South Carolina Tort Claims Act.

H. 4155 – provides that 1 percent of the state recording deed fee be remitted to each county treasury to be used by the office that records deeds for technology training and document preservation, and that 3 percent of the basic state registration fee for motor vehicles be remitted to the county treasury to be used exclusively by the county auditor for technology training and document preservation.

Senate Bills

S. 776 – enacts the "South Carolina Illegal Immigration Identity Fraud and Fraud Prevention Act."

S. 777 – limits the time a county auditor is allowed to charge a property owner who has not paid the property taxes that were omitted from the duplicate to the preceding three years from the time the omission was discovered.

S. 778 – creates a $10 filing fee to the clerk of court when a surety makes a request to be relieved of a bond, and requires jails to post the name and telephone number of each licensed bonding or surety company for an annual fee of not more than $50.

S. 784 – provides that if a General Appropriations Act for Fiscal Year 2007-2008 has not taken effect by July 1, 2007, then the appropriations and provisos contained in Act 397 of 2006 are authorized for Fiscal Year 2007-2008 until a General Appropriations Act for 2007-2008 takes effect.

S. 790 – appropriates $8 million from the state general fund surplus revenues to supplement the school districts negatively affected by the lack of revision of the 2007 Final Index of Taxpaying Ability.


Issue 19-07 — May 18, 2007

Local Spending Limitation — H. 3615

H. 3615 is the bill which caps local expenditures from all sources at the previous year's level plus an increase equal to the increase in the CPI plus population growth. This bill has been scheduled for another hearing at 9 a.m. on Thursday, May 24, in Room 521 of the Blatt Office Building. The subcommittee chairman has said he will allow those persons who signed up to speak at the last hearing to speak. The subcommittee will probably take testimony from additional persons who sign up to speak, if there is time on Wednesday or if there is a later hearing. A State Newspaper editorial on the current problems with the millage caps is also attached.

The subcommittee members are Reps. Adam Taylor (Chairman), Gilda Cobb-Hunter, Shirley Hinson, Roland Smith and Harry Ott. Their contact information and that of the entire Ways and Means Committee is attached.

Please make every effort to contact members of the subcommittee and to attend this hearing.

Conference Committee Continues to Meet on the Budget

The Budget Conference Committee met during the week, but has not completed work on the budget. The committee is scheduled to reconvene Monday, May 21, at 3 p.m. Other issues, Workers' Compensation, DOT Reform, Sales Tax Relief and Income Tax Relief are stalling an otherwise cordial budget conference committee. Still outstanding is Proviso 37.36, entitled "Quota Elimination" which directs $1.9 million for the Department of Corrections (SCDC) to open 192 beds at Kirkland and 96 beds at MacDougall to increase SCDC's reception and evaluation (R&E) capacity to process newly-sentenced inmates from the counties. Please continue to contact your members of the General Assembly to ask that they support Proviso 37.36.

Action on the following provisos of interest to the counties has been taken:

Proviso 62.1: The conference committee adopted this proviso, which states that the maximum amount of compensation for county registration board members and county election commissioners may not exceed the $12,500 per county limit. If the number of appointments in a county exceeds eight members, compensation shall be reduced on a pro rata basis in order to adhere to the $12,500 per county limit.

Proviso 62.7: This proviso requires 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. The commission is required to make the courses available in various locations including the upstate, coastal and midlands areas of the state.

Proviso 62.12: This proviso authorizes the State Election Commission to issue a security plan to ensure that fair and impartial elections are conducted. The conference committee did not adopt this proviso.

Proviso 72.107: This proviso requires the clerk of court to give a 10-day notice, by either e-mail or U.S. mail, to the attorney of record or a pro se individual that the court roster is available on the Internet. The proviso was not adopted.

State Retirement System Changes

The Budget and Control Board granted a 2.4 percent cost-of-living adjustment (COLA) for retirees effective July 1, 2007 this week. They also approved an increase in the employer contribution rate of .18 percent for the regular S.C. Retirement System (SCRS) and .35 percent for the Police Officers Retirement System (PORS)—effective July 1, 2008.

REMINDER: Effective July 1, 2007, the employer contribution rate will increase from 8.05 percent to 9.06 percent under the regular S.C. Retirement System (SCRS). There is no change in the employer or employee contributions under the Police Officers Retirement System (PORS). Act 153 of 2005 increased the employer contribution rate by .50 percent effective July 1, 2007 to help fund an annual guaranteed COLA of up to 1 percent for retirees and a portion of the 2.4 percent COLA retirees received on July 1, 2005. In addition, at its meeting on May 16, 2006, the State Budget and Control Board approved a further increase of .51 percent effective July 1, 2007 to fund the 2.5 percent COLA retirees received on July 1, 2006 and the negative impact of the Supreme Court's decision in the Layman case. The employee contribution under the SCRS remains at 6.5 percent.

Workers' Compensation Reform — S. 332

The House passed S. 332 and it goes back to the Senate, where the process of appointing a conference committee will begin. There was a single consensus amendment. The amendment had minimal effect on the issues important to counties and was altogether acceptable. For those that called their representatives and asked them to pass the committee amendment with no further amendments, a call to tell them thanks would be in order. There are substantial differences between the two versions of S. 332. The House version as a whole is much more likely to stabilize Workers' Compensation insurance premiums. However, there are some more desirable provisions in the Senate version, chief among them the closure of the Second Injury Fund on July 1, 2008, instead of the scaled back continuance of the Second Injury Fund contained in the House version.

Campers and Large Boats — S. 139

The conference committee members on S. 139 are Reps. Cotty, Neal and Limehouse and Sens. Courson, Matthews and Hayes. The conference committee is scheduled to meet Tuesday, May 22 at 4 p.m. The House version of S. 139 makes the assessment ratio for all boats with a head, a bed and a galley 6 percent, instead of the current county option to drop the assessment ratio. S. 139 also makes the assessment ratio on "pull behind" campers with a head, a bed and a galley 6 percent. The total fiscal impact of this provision is $5.9 million in either lost revenue or taxes shifted to other classes of property.

It appears that the Senate is troubled with how the legislation is to be administered, not the loss of local revenue. Apparently, there are concerns as to where houseboats are to be taxed, and the constitutionality of mechanisms which would determine tax situs.

OPEB/GASB 45 — S. 462 and H. 3789

The Senate Finance Committee took up the bills that would allow the state to set up a vehicle for investing funds in the stock market to provide for funding of the other post employment benefits (OPEB).

The bills still exclude participation by counties and cities in the state's plan. SCAC has backed an amendment to allow local governments to invest their funds along with state OPEB funds, which has not been adopted. The Senate Finance Committee: 1) adopted language of H. 3789, the companion bill to S. 462, 2) provided that the Treasurer's Office and not the Investment Commission would initially invest the state's OPEB funds and 3) increased the qualification requirements for participation in retiree health benefits from 10 to 15 years of service. H. 3789 will be on the Senate calendar next week.

Solid Waste — R. 3113

This proposed DHEC regulation rewrites and revises the existing solid waste regulations. It is 130+ pages long, and in the permitting section allows landfills undergoing a permitting process to avoid changes in a county solid waste plan in certain cases. SCAC has voiced its concern, and debate has been adjourned for this session on the regulation. Under procedures in place, the regulation will become effective after 120 days unless withdrawn or disapproved by the General Assembly. The time period, which pauses when the General Assembly is not in session, will expire March 16, 2008. DHEC wants to work on language over the summer and then amend the regulation in January. SCAC is committed to the removal of the language.

Other Actions of Interest

  1. Abandoned Mobile Homes – H. 3456. This bill was amended in the Senate to require planning organizations to inquire if a parcel of land is restricted by any recorded covenant that is contrary to or restricts the activity for which a permit is requested. If there is, then the permit cannot be issued. The House further amended H. 3456 to say that a permit does not mean authorization to build or place a structure on the land, and that a restrictive covenant does not include restrictions concerning a type of structure. Thus, building permits are removed from the Senate amendment. The Senate has agreed to the House amendment, and the bill will go to the Governor.
  2. Joint Water and Sewer Systems – H. 3711. This bill defines procedures for creation of joint water and sewer authorities. The House further amended the bill again and returned it to the Senate. The House amendment further clarifies how current Joint Authority Boards will be grandfathered after the effective date of the bill.
  3. EMT Background Checks – H. 3304. This bill requires a criminal background check before employment as an EMT or renewal of an EMT license. H. 3304 received a favorable report from the Senate Medical Affairs Subcommittee.
  4. Electronic Recording Act – H. 3451. This bill provides for the electronic recording and handling of land title documents in the ROD and clerk of court offices. H. 3451 is a collaborative effort among the recorders of deeds, title insurance companies, realtors and other parties. This bill gives counties the option to implement an electronic recording program. The bill passed the House and is in the Senate.
  5. Judicial Enhancement – H. 3934. This bill requires the clerk of court to report all grand jury indictments that return a true bill to Court Administration, along with the name of the defendant and the offense charged. H. 3934 also increases the magistrate court civil jurisdictional limit from $7,500 to $15,000. H. 3934 was amended to delete the provision that would have allowed family court judges to appoint hearing officers and was given a favorable report by the House Judiciary Committee.
  6. Dual Officeholding – H. 3511 and H. 3804. A Senate Judiciary subcommittee amended H. 3804 to remove references to the General Assembly and passed it to the full committee. H. 3804 amends the state constitution to exempt law enforcement officers from the dual officeholding prohibition. H. 3511 is the statutory companion to the constitutional measure. H. 3511 was carried over in favor of the Constitutional amendment. H. 3804 now goes to the Senate Judiciary Committee.
  7. Priority Investment Act – S. 266. This bill allows local governments to set aside certain housing regulatory requirements as an incentive to encourage development of affordable housing in priority investment areas. The comprehensive land use plan has to be updated at its next scheduled revision to reflect the new elements for transportation and priority investment areas. S. 266 passed the House, was ratified and now goes to the Governor.
  8. Eminent Domain Study Committee – S. 661. The House gave third reading to the joint resolution extending the life of the Eminent Domain Study Committee until Jan. 31, 2008. S. 661 goes back to the Senate for consideration of the amendment.
  9. Property Tax Changes – S. 367. This bill would clarify the CPI plus population language in the millage rate cap to ensure that population loss is deemed a zero for the rate limitation formula. Amendments adopted include making the assessable transfer of interest certificate a separate mailing—instead of part of the tax bill—and requiring it every year for property held by a legal entity, but only as necessary for individual landowners. Another amendment allows the award of attorney's fees, if an ALJ finds the assessor acted unreasonably in revoking an ag use designation. S. 367 passed the House, and is in the Senate for consideration of the amendments.
  10. Election Training Enforcement – S. 327. This bill requires members of a County Board of Voter Registration or County Election Commission to be removed by the Governor, if they have not fulfilled the training provided by the State Election Commission. It was amended with a provision to consolidate the Spartanburg registration and election boards. S. 327 passed the House and goes to the Senate for consideration of the amendments.
  11. Charitable Organization Property – H. 3008. This bill allows a 501(c)(3) organization which receives a real property donation to carry the property for three years as property tax exempt to allow for marketing and sale of the property without tax cost. Another portion of the bill allows a 501(c)(3) organization to acquire and hold property exempt from property taxes when it is purchased for the use of the organization. If the organization changes its use or sells the property, there would be a rollback tax of up to five years owed. The bill was also amended with a package of fee in lieu of tax changes the House previously passed. The changes include numerous housekeeping changes, lowers the threshold investment amount for certain features of the larger FILOT provisions and opens up the warehouse and distribution 6 percent assessment ratio. H. 3008 passed the House and is in the Senate.
  12. Building Codes – S. 504. A House LCI subcommittee passed S. 504 to the full committee. S. 504 would modify current law to say that the procedure for modifying a building code will be the same as adopting a new code and established a procedure for emergency code modifications.
  13. Local Affordable Housing Trust Fund – H. 3509. Gov. Sanford's veto of this bill to set up a uniform template for creation and operation of local or regional affordable housing trust funds was overridden in the House last week and was overridden in the Senate this week. H. 3509 is now law.
  14. Court Appearance – H. 3857. This bill provides for penalties when a person released on bond fails to appear in court, and increases the bond forfeiture time from 30 to 90 days. H. 3857 was amended in a House Judiciary subcommittee to include a $20 fee for the clerk among other things. The bill was given a favorable report.
  15. Law Enforcement Training Costs – H. 3326. This bill requires a governmental entity hiring a law enforcement officer from another governmental entity to reimburse the entity losing the officer for training costs, if hired within two years of completing training. The House Judiciary Committee adjourned debate on H. 3326 for further research to address the concern of double dipping by the law enforcement agency that is losing the officer because of contracts with the officer.
  16. Presidential Primaries – S. 99. This bill authorizes the State Election Commission to conduct presidential primaries with the parties setting the date for primaries, along with an amendment to increase candidate filing fees and a new tax check-off to defray state expenses. S. 99 received a favorable report from a House Judiciary subcommittee.
  17. Military Base Protection – H. 3016. This bill creates the S.C. Military Preparedness and Enhancement Commission to enhance the value of military facilities in this state. One way it will accomplish this goal is by establishing a revolving loan account to provide loans to assist defense communities. If approved, H. 3016 would become effective January 2011. The House Judiciary adjourned debate on this bill to study a report they had received from a committee appointed by the Governor.
  18. Special Elections – H. 3858. This bill provides that if a vacancy occurs in more than one office in the same county—requiring separate primaries or special elections to be held within a period of 28 days—the Election Commission shall conduct all elections on the same date. The House passed H. 3858, and it is in the Senate.
  19. Boat Taxes – H. 3233. This bill prohibits the collection of property taxes due before 2000 through the title freeze collection mechanism. The Senate Fish, Game and Forestry Committee gave a favorable report to the bill with an amendment intended to give the owner incentive to pay past due taxes before the sale of a boat.
  20. Rural Infrastructure Fund – H. 3666. The House adopted the Ways and Means Committee amendment and passed H. 3666. The Rural Infrastructure Authority would provide financial assistance for qualified projects located in the 12 counties designated as "distressed" or "least developed" under Section 12-6-3360. H. 3666 is now in the Senate.
  21. Mechanics' Liens – S. 511. A Senate LCI subcommittee met to consider this bill, and it was amended with provisions worked out between the RODs and the Home Builders Association to ensure that chain of title procedures are followed. S. 511 now goes to the full Senate LCI Committee.
  22. Concealed Weapons Permits – H. 3964. A House Judiciary subcommittee gave a favorable report to this bill to allow concealed weapons in schools. One amendment provides that if a person is involuntarily committed to the Department of Mental Health, documents must be transmitted to SLED for use in the concealed weapons permit process. H. 3964 goes to the full committee now.

What's Coming Up?

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

  1. Traffic Diversion Program – H. 3572. A Senate Judiciary subcommittee met on H. 3572, which creates a traffic offense diversion program. The Subcommittee members are Sens. Hawkins, Lourie, Sheheen and Vaughn. SCAC will ask again for a "hold harmless" provision for county fine revenue.
  2. Identity Theft – S. 453. This is the bill to set up procedures for handling Social Security numbers and other personal information in governmental records. The House Judiciary General Laws Subcommittee will take up this bill Wednesday, May 23, at 9 a.m. in Room 511 of the Blatt Building.

NACo Steering Committee Nominations

Consider filling out a NACo nomination form to be appointed to one of their 11 steering committees, if you want a voice in creating the national legislative policies of the National Association of Counties. The nomination process for membership on NACo policy steering committees is underway. As a steering committee member, you are responsible for debating and creating national policies and priorities affecting counties. Committees meet at the NACo legislative and annual conferences and one other time during the year. You will be responsible for your own travel and expenses related to steering committee meetings.

Please contact Kathy Williams at the SCAC Offices, if you would like to receive a nomination form. Completed forms must be received by SCAC no later than Friday, June 15. The nominations will be processed by SCAC and forwarded to NACo for approval by the NACo President after the NACo Annual Conference in July. Appointments will be announced in September.

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. 4065 – adds the word "general" before "personal representatives" in connection with an appointment proceeding in probate court.

H. 4066 – requires that a mortgage must be acknowledged in writing by a South Carolina attorney before it may be recorded.

H. 4067 – exempts a deed transferring real property from a trust to a trust distributee upon the death of the settlor upon certain conditions.

H. 4100 – enacts the "South Carolina School Facilities Infrastructure Act."

H. 4102 – provides that county or municipality business license taxes must be imposed based upon net rather than gross income, and that home-based businesses are exempt from the county or municipality business license tax.

H. 4106 – authorizes warrantless searches of persons on parole or probation; and if the person violates their probation, a probation violation hearing must be held immediately by the court upon the person's arrest.

H. 4110 – enacts the "South Carolina School Facilities Infrastructure Act."

H. 4117 – enacts the "Omnibus Security and Immigration Compliance Act."

H. 4119 – enacts the "Registration of Immigration Assistance Act."

H. 4120 – limits the time a county auditor is allowed to charge a property owner, who has not paid property taxes that were omitted from the duplicate, to the preceding three years from the time the omission was discovered.

Senate Bills

S. 755 – provides that a referendum held by a local governing body to seek approval for a revenue raising measure must be held at the next general election, when members of the local governing body are elected.

S. 762 – increases the amount a professional bondsman shall maintain as a deposit with a clerk of court, and exempts currently licensed bondsmen from the increased deposit.

S. 763 – allows judges and solicitors to establish additional service credit time in the S.C. Retirement System if after 1990, they served on a state board or commission authorized to hear contested cases.

S. 764 – authorizes an increase in the magistrates' jurisdiction from $7,500 to $15,000.

Ratification of Acts

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

(R.52) S. 266 – allows local governments to set aside certain housing regulatory requirements as an incentive to encourage development of affordable housing in priority investment areas. The Comprehensive Land Use Plan has to be updated at its next scheduled revision to reflect the new elements for transportation and priority investment areas.

(R.56) H. 3466 – enacts the "Public Waters Nuisance Abatement Act," which authorizes the removal of unpermitted structures located upon the public waters of this state. An owner of such a structure existing on March 21, 2007 may apply for a permit through the S.C. Department of Natural Resources to allow the structure to remain for five years.


Issue 18-07 — May 11, 2007

Local Spending Caps — H. 3615

There were quite a few county officials who appeared on short notice at the House Ways and Means subcommittee hearing about H. 3615. A large number of phone calls, e-mails and conversations were had about the bill with individual House members prior to the meeting. That was evident by the fact that there were about eight members of the House there to watch the hearing. Special thanks go to Reps. B.R. Skelton and Terry Alexander, who both testified against H. 3615. There were also a number of representatives from tax protest groups and the State Chamber of Commerce there to support the bill. Time to hear testimony on H. 3615 ran out after hearing from only four of over 15 people signed up to speak on the bill. H. 3615 will probably receive no further consideration this year, because the House Ways and Means Committee will probably not meet again. Thanks to all of the officials who took quick action.

Budget Status

The budget conferees have been appointed and they are: Sens. Leatherman, Land and Peeler, and Reps. Cooper, Edge and Neilson. The conference committee will probably begin meeting next week.

Now is the time to contact the members of the conference committee to ask that Proviso 37.36 "Quota Elimination," which only appears in the Senate version of the budget, be included in the committee report. Also, contact the members of the House, and ask that they support the proviso and communicate that support to the House conferees.

Proviso 37.36, entitled Quota Elimination, directs $1.9 million for the Department of Corrections (SCDC) to open 192 beds at Kirkland and 96 beds at MacDougall to increase SCDC's reception and evaluation (R&E) capacity to process newly-sentenced inmates from the counties.

The key points to make are: the increased cost of keeping these prisoners which by statute SCDC is required to accept; the impact on overcrowding in the county jails—especially since sentenced and pre-trial detainees must be physically segregated; the lack of cost-efficient services which are required once the prisoner is sentenced—primarily medical care; and the inmates' loss of an opportunity to earn work credits.

Please contact your members of the General Assembly and the House and Senate Conferees and ask that they support Proviso 37.36.

Some other provisos that differ in the two versions of the budget follow:

Proviso 53.17: The House adopted $2 million in new money 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. The Senate deleted this proviso.

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

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

Proviso 62.12: This proviso authorizes the State Election Commission (SEC) to issue a security plan to ensure that fair and impartial elections are conducted. If the SEC determines that the security plan is not being followed, it may file a petition in court to ensure that the security plan is followed.

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

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

Proviso 72.103: The House inserted this proviso, which exempts all counties that collect more than $900 in State Accommodations Tax revenue from Sunday retail sales regulations commonly referred to as the "Blue Laws." The Senate deleted this proviso.

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

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

Campers and Large Boats — S. 139

The Senate non-concurred in the House amendments to S. 139. The House version makes the assessment ratio for all boats with a head, a bed and a galley 6 percent, instead of the current county option to drop the assessment ratio. S. 139 also makes the assessment ratio on "pull behind" campers with a head, a bed and a galley 6 percent. The total fiscal impact of this provision is $5.9 million in either lost revenue or taxes shifted to other classes of property.

It appears that the Senate is troubled with how the legislation is to be administered, not the loss of local revenue. Apparently, there are concerns as to where houseboats are to be taxed, and the constitutionality of mechanisms which would determine tax situs. S. 139 now goes to a conference committee to hammer out differences in the two versions. The House conferees are Reps. Cotty, Neal and Limehouse. Senate conferees will likely be appointed next week.

Workers' Compensation Reform — S. 332

The House LCI Committee adopted the subcommittee amendment to S. 332 and passed the bill on to the House. S. 332 makes more favorable changes to existing law than the Senate version. The House leadership believes it has cobbled together enough support to pass the bill without further amendments; and the fear is that if any amendments are allowed, the coalition will fall apart and the chaos that occurred on the floor last year will destroy chances for reform this year.

The House version would require strict construction of the statute by the courts. Second, it would strike the provision that a 50 percent loss of use to the back would be deemed a permanent and total disability. This is a much more favorable solution than the Senate version of the bill. No further amendments were offered at the committee meeting. The House version meets all of the essential reform provisions SCAC has supported, except that it lacks a meaningful reform of repetitive trauma which fails to exclude the normal conditions of aging from coverage as a Workers' Compensation injury.

Please contact your representatives and ask them to pass S. 332 without further amendments. It deserves your support.

Indigent Defense Parity — S. 446

This bill changes the indigent defense system structure to mirror the circuit solicitor's system by making circuit public defender employees county employees, and the county will be reimbursed by the public defenders offices for these expenses. S. 446 also codifies a budget proviso to prohibit reduction of county funding for indigent defense below the funding in the previous fiscal year. There was much discussion over an amendment to include assistant solicitors and public defenders in the Police Officers Retirement System (PORS) instead of the regular State Retirement System. In the end, they were included in the PORS. S. 446 received a favorable report from the House Judiciary Committee.

Other Actions of Interest

  1. Abandoned Mobile Homes – H. 3456. This bill received third reading in the Senate. The Senate amendment required local planning officials to inquire about "restrictive covenants" before issuing permits. If there are covenants and the planning agency has notice of them, then a permit violating the covenants cannot be issued. The local planning agencies obligation is to ask, not to research. H. 3456 will go to the House for consideration of the amendments.
  2. Joint Water and Sewer Systems – H. 3711. This bill has passed the Senate and now goes back to the House to consider the amendments. Existing joint authorities would not be impacted, except that they could increase the membership in the event of expansion.
  3. Common Law Marriage – H. 3427. This bill would end the recognition of newly- formed common law marriages after June 30, 2008. H. 3427 was amended to conform with the language in S. 137 and was given a favorable report by the Senate Judiciary Committee. It is pending second reading on the Senate calendar.
  4. Electronic Recording Act – H. 3451. This bill provides for the electronic recording and handling of land title documents in the recorder's and clerk of court's office. H. 3451 is a collaborative effort among the recorders of deeds, title insurance companies, realtors and other parties. This bill gives counties the option to implement an electronic recording program. The bill received a favorable report from the House Judiciary Committee.
  5. GASB 45/OPEB – S. 463. The Senate passed S. 463, the constitutional amendment to allow the state and local governments to invest OPEB funds in the stock market. S. 463 is in House Ways and Means Committee.
  6. Family Court Privacy – S. 584. This bill provides that a financial declaration and attachments in a family court proceeding must be sealed. It has passed the Senate and is now in the House Judiciary Committee.
  7. Priority Investment Act – S. 266. This bill allows local governments to set aside certain housing regulatory requirements as an incentive to encourage development of affordable housing in priority investment areas. The Comprehensive Land Use Plan has to be updated at its next scheduled revision to reflect the new elements for transportation and priority investment areas. S. 266 received a favorable report from the House Judiciary Committee and is pending second reading in the House.
  8. Eminent Domain Study Committee – S. 661. S. 661 was recalled from the House Judiciary Committee to the floor. S. 661 will extend the time for the study committee to complete its report.
  9. Property Tax Changes – S. 367. This bill would clarify the CPI plus population language in the millage rate cap to ensure that population loss is deemed a zero for the rate limitation formula. Amendments adopted include making the assessable transfer of interest certificate a separate mailing (instead of part of the tax bill) and requiring it every five years (instead of annually). Another amendment allows the award of attorney's fees, if an ALJ finds the assessor acted unreasonably in revoking an ag use designation. S. 366 got a favorable report from the House Ways and Means Committee and is pending second reading in the House.
  10. Election Training Enforcement – S. 327. This bill requires members of a County Board of Voter Registration or Election Commission to be removed by the Governor, if they have not fulfilled the training provided by the State Election Commission. S. 327 received a favorable report from the House Judiciary Committee.
  11. Charitable Organization Property – H. 3008. The House Ways and Means Committee gave a favorable report to this bill. H. 3008 allows a 501(c)(3) organization which receives a real property donation to carry the property for three years as property tax exempt in order to allow it to market the property without tax cost. Another portion of the bill allows a 501(c)(3) organization to acquire and hold property exempt from property taxes, when it is purchased for the use of the organization. If the organization changes its use or sells the property, a rollback tax of up to five years would be owed.
  12. Public Prayer – S. 638. This bill would allow a governing body of a state or local government to adopt, by ordinance or resolution, an opening invocation at public proceedings. S. 638 is on the Senate contested calendar pending second reading.
  13. Local Affordable Housing Trust Fund – H. 3509. Gov. Sanford's veto of this bill to set up a uniform template for creation and operation of a local or regional affordable housing trust fund was overridden in the House, and the Senate has yet to consider the veto.
  14. Mortgage and Liens – H. 3033. A House Judiciary subcommittee gave a favorable report to this bill to allow concealed weapons in schools. One amendment provides that if a person is involuntarily committed to the Department of Mental Health, documents must be transmitted to SLED for use in the concealed weapons permit process. H. 3964 goes to the full committee now.
  15. Law Enforcement Training Costs – H. 3326. This bill requires a governmental entity hiring a law enforcement officer from another governmental entity to reimburse the entity losing the officer for training costs, if hired within two years of completing training. H. 3326 was carried over by the House Judiciary Committee. There were questions about how to deal with situations where an employee had to sign a promissory note for training costs.
  16. Special Elections – H. 3858. This bill provides that if a vacancy occurs in more than one office in the same county—requiring separate primaries or special elections to be held within a period of 28 days—the election commission shall conduct all elections on the same date. The House Judiciary Committee gave this bill a favorable report.
  17. Election Day Holiday – H. 3541. This bill would make general election day a state optional holiday. H. 3541 was recommitted to a House Judiciary subcommittee.
  18. Court Appearance – H. 3857. This bill provides for penalties when a person released on bond fails to appear in court, and increases the bond forfeiture time from 30 to 90 days. H. 3857 was carried over until next week, because the House Criminal Laws Subcommittee ran out of time before this bill could be considered.
  19. Green Buildings – H. 3034. This bill would establish environmental standards for certain commercial construction projects. A Senate Medical Affairs Subcommittee voted to amend this bill to strike the House bill and insert Sen. Ritchie's S. 376 companion bill already passed by the Senate. The subcommittee further amended the bill to adjust LEED scoring to LEED Silver.
  20. Coroners – S. 391. This bill revises the procedure to fill a vacancy in the coroner's office, allows the coroner to appoint investigators and deletes a code section which provided that a magistrate would serve as an interim coroner in the case of a vacancy. Several committee members expressed concern over the deviation from general practice to allow the Governor to appoint a replacement in the event of a vacancy. S. 391 was carried over by the House Judiciary Committee.
  21. Smoking – H. 3119. This bill would ban smoking in restaurants, bars, lounge areas and recreational facilities. H. 3119 would reiterate preemption of local smoking ordinances. H. 3119 was recommitted to the House Criminal Laws Subcommittee.
  22. Rural Infrastructure Fund – H. 3666. The House Ways and Means Committee gave a favorable report to H. 3666 after substantial amendment. The Rural Infrastructure Authority would provide financial assistance to qualified projects located in the 12 counties designated as "distressed" or "least developed" under Code Section 12-6-3360. The language was also amended to conform to the appropriation in the budget bill.

What's Coming Up?

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

  1. House Judiciary Committee – Tuesday, May 15, at 2:30 p.m. in Room 516 of the Blatt Building. The agenda includes: H. 3934 to enact the Judicial Enhancement Act; H. 3326 relating to reimbursement of law enforcement training cost, if the trainee is hired away by another entity within two years of completing training; S. 391 on coroner vacancies; H. 3016 to enact the Military Preparedness and Enhancement Act; and H. 3852 to amend the S.C. Emergency Health Powers Act.
  2. House Judiciary Special Laws Subcommittee – Wednesday, May 16, at 2:30 p.m. in Room 516 of the Blatt Building. The agenda includes H. 3726 to allow certain special purpose districts to dissolve themselves.
  3. House Education and Public Works Subcommittee – Wednesday, May 16, at 2:30 p.m. in Room 433 of the Blatt Building. This agenda includes H. 3279 to establish the Mobility Development Authority relating to mass transit under the Budget and Control Board, instead of having mass transit under the Department of Transportation.

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. 4037 – prohibits solid waste generated outside of this state from being disposed of in this state.

H. 4039 – provides for an income tax deduction for a volunteer law enforcement chaplain in an amount not to exceed the lesser of the Board of Economic Advisors certified estimate or $3,000.

H. 4056 – prohibits a solid waste landfill in existence as of July 1, 2007 from expanding its volume or constructing a new landfill, unless it meets demonstration of need requirements promulgated in regulation, and prohibits granting variances for expansion or new construction.

H. 4060 – directs that when a liquor license is applied for, the Department of Revenue must hold a local hearing to allow a person to file a protest in the county where the permit is sought.

Senate Bills

S. 741 – reduces the dormancy period for securities from seven years to three years under the Uniform Unclaimed Property Act.


Issue 17-07 — May 4, 2007

Both the House and Senate will observe Confederate Memorial Day, Thursday, May 10, so next week's session will be one day shorter.

Budget Status

The House adjourned debate on the Senate passed budget bill until next Tuesday. Typically, the House strikes the entire Senate budget and reinserts the House passed version and the differences are ironed out in a conference committee. It will be at least next Wednesday before the three conferees from each chamber are appointed.

The key difference between the two versions of the budget is Proviso 37.36 entitled Quota Elimination. This is the proviso which directs $1.9 million for the Department of Corrections (SCDC) to open 192 beds at Kirkland and 96 beds at MacDougall to increase SCDC's reception and evaluation (R&E) capacity to process newly-sentenced inmates from the counties.

SCDC appears to be fighting the proviso, and most of the House members do not understand the need for the increased R&E capacity or the impact upon the county jails. The key points to make are: the increased cost of keeping these prisoners, which by statute SCDC is required to accept; the impact on overcrowding in the county jails—especially since sentenced and pre-trial detainees must be physically segregated; the lack of cost-efficient services which are required once the prisoner is sentenced—primarily medical care; and the inmates' loss of an opportunity to earn work credits.

It is critical for you to communicate your support for Proviso 37.36 to members of the House. Ask them to support inclusion of Proviso 37.36 in the final budget bill and communicate that support to the House conferees when they are appointed.

Campers and Large Boats — S. 139

This bill received third reading in the House. The bill, as it now stands, makes the assessment ratio for all boats with a head, a bed and a galley 6 percent, instead of the current county option to drop the assessment ratio. S. 139 also makes the assessment ratio on "pull behind" campers with a head, a bed and a galley 6 percent. The total fiscal impact of this provision is $5.9 million in either lost revenue or taxes shifted to other classes of property. S. 139 is pending Senate consideration of the House amendments.

Traffic Ticket Diversion Program — H. 3572

After over an hour of debate, the House gave second reading to this legislation which would allow a first-time traffic offender to avoid a conviction, including the fine and points, if they enter an education or public service program. The bill received third reading on Thursday. All solicitors are responsible to begin a program. The legislation gives the entity which runs the program $140 and holds state agencies harmless for their losses due to diverted traffic tickets. The bill fails, however, to hold harmless local entities which are not fortunate enough to convince the solicitor to let them run the program. Rep. Mulvaney's amendment to insert a $40 per case hold harmless for local governments narrowly failed 40-37. Thanks go to Reps. Mulvaney and Walker who argued to hold local entities harmless.

Workers' Compensation Reform — S. 332

A House LCI subcommittee amended S. 322 and passed it to the House LCI Committee. The amendment essentially struck the entire Senate bill and replaced it with language from H. 3799 and/or language passed by the House last year. The amendment is extensive, and there has not been time for a thorough analysis. At first blush, the House version appears to have more favorable language than the Senate passed bill. If the bill moves through the House as hoped, S. 332 could be in a conference committee in another two weeks.

Indigent Defense Parity — S. 446

A House Judiciary subcommittee reported this bill out favorably with amendments. This legislation is intended to create parity between indigent defense and the circuit solicitors. Public defender offices would operate by circuit, with a circuit public defender heading the public defender office within a given judicial circuit. The circuit public defender would be able to hire county public defenders in order to ensure adequate representation of indigent people. The bill is written with the intent of holding counties harmless for any additional costs associated with creating this new system. Personnel hired by the circuit public defender would be county employees, however, all personnel costs must be reimbursed to the administering county from operational funds provided to the circuit public defender office from county and state appropriated funds. The bill does codify language which has been in the budget for several years, which states that a county may not reduce funds appropriated for indigent defense below the amount it appropriated in the previous fiscal year. The subcommittee adopted language which would allow the assistant solicitors and assistant public defenders to participate in the Police Officers Retirement System. The amendment ostensibly held counties harmless for the difference in the employer contribution rates. S. 446 is on the House Judiciary Committee agenda next Tuesday.

Other Actions of Interest

  1. Abandoned Mobile Homes – H. 3456. This bill was amended and received second reading in the Senate. The amendments provided that counties may remove abandoned mobile homes from the tax rolls, and required that local planning commissions inquire into the existence of "restrictive covenants" that may be attached to land before issuing permits. If there are covenants and if the planning agency has notice of them, then a permit violating the covenants cannot be issued. The local planning agencies obligation is to ask, not to research.
  2. Joint Water and Sewer Systems – H. 3711. This bill was given second reading in the Senate. Following a lengthy negotiation process, the interested parties agreed to language which would provide for a process where governmental agencies that were authorized by statute could form joint water and sewer systems. Existing joint authorities would not be impacted, except that they could increase the membership in the event of expansion.
  3. Common Law Marriage – H. 3427. This bill is very similar to S. 137, which is pending second reading on the contested Senate calendar and would end the recognition of newly- formed common law marriages after June 30, 2008. H. 3427 was amended to conform with the language in S. 137 and was given a favorable report by a Senate Judiciary subcommittee.
  4. GASB 45/OPEB – S. 462. A Senate Finance subcommittee took up S. 462, the bill to create a statutory trust fund to invest the state's OPEB funds. Several amendments were taken up that deal with the creation and funding of the trust fund. An amendment to allow local government participation in the state's trust fund is still pending consideration. There will be additional meetings on S. 462.
  5. GASB 45/OPEB – S. 463. The Senate Judiciary Committee adopted the subcommittee's amendment to S. 463, the constitutional amendment to allow the state to invest OPEB funds in the stock market. The amendment would also allow local governments to invest in stocks in the same manner as the state. S. 463 received second reading in the Senate.
  6. Family Court Privacy – S. 584. This bill provides that a financial declaration and attachments in a family court proceeding must be sealed. It was given second reading and carried over in the Senate. Prior to carrying the matter over, the Senate adopted an amendment to protect clerks of court from liability.
  7. Military Base Development Rights and Millage Cap Exemption – H. 3812. This bill creates an exemption from the millage rate cap for purchase of residential development rights on land surrounding a military base. H. 3812 has passed the House and is now in the Senate.
  8. Eminent Domain Study Committee. The study committee met Wednesday afternoon. Due to a scheduling conflict, the House members were unable to attend. The committee heard from staff, but took no formal actions. Sen. Gregory, Co-chair, recommended that the committee be extended into the summer/fall.
  9. Mass Transit Division – H. 3279. The subcommittee passed H. 3279 to the full House Education and Public Works Committee. The bill would create a Mobility Development Authority as a division of the Budget and Control Board relating to mass transit.
  10. Green Buildings – H. 3034. This bill would allow commercial buildings in excess of 10,000 square feet which meet LEED Silver or Green Globes criteria to receive an income tax credit. Upon posting a bond and requesting an expedited building permit/inspection process, the project would be exempt from further fees for the permit and inspection process. There are approximately 56 buildings in South Carolina currently registered under the LEED program, and a large portion of those are publicly owned. S. 377 was amended to include the Green Globes standard and other changes in a Senate Judiciary subcommittee and given a favorable report.
  11. Charitable Organization Property – H. 3008. This bill was rewritten in a House Ways and Means subcommittee to allow a 501(c)(3) organization which receives a real property donation to carry the property for three years as property tax exempt in order to allow it to market the property without tax cost. Another portion of the rewritten bill allows a 501(c)(3) organization to acquire and hold property exempt from property taxes when it is purchased for the use of the organization. If the organization changes its use or sells the property, there would be a rollback tax of up to five years owed. H. 3008 received a favorable report as amended.
  12. Public Prayer – S. 638. This bill would allow a governing body of a state or local government to adopt, by ordinance resolution, an opening invocation at public proceedings. S. 638 is on the Senate contested calendar pending second reading.
  13. Local Affordable Housing Trust Fund – H. 3509. Gov. Sanford vetoed this bill to set up a uniform template for creation and operation of a local or regional affordable housing trust fund. In his veto message, Gov. Sanford stated that he did not believe the bill did anything to enhance the ability to create these trust funds. The House will likely take up the veto message next week.
  14. Assessment on Traffic Tickets – S. 88. This bill was drafted to state that assessment and surcharges would not be collected on minor traffic violations. The bill was intended to state that assessments and surcharges would not be collected on parking violations. A Senate Judiciary subcommittee amended the bill to reflect this intent and reported the bill out favorably.
  15. Ignition Interlocking Devices – S. 472. A Senate Judiciary subcommittee considered this bill this week. The bill currently would require a person convicted of DUI to place an ignition locking device on all cars owned by the convicted which would prevent the person from starting the car after drinking. The subcommittee adjourned debate on the bill.

What's Coming Up?

The schedule of House and Senate committee meetings is updated continuously and can be found on the web at www.scstatehouse.gov. Just click on the meetings link under both the House and Senate sections of the page. At the time this Friday Report was written, the meetings of interest are noted below. The House Ways and Means Committee and the Senate Judiciary Committee are expected to meet next week, as well.

House Judiciary Committee – Tuesday, 2:30 p.m. in Room 516 of the Blatt Building. The bills on the agenda include: H. 3119 – Clean Indoor Air Act, H. 3858 – special election timing, S. 327 – election official training enforcement, H. 3541 – election day as a state holiday, S. 266 – Priority Investment Act,H. 3326 – law enforcement officer training cost reimbursement, H. 3451 – E-recording Act, S. 391 – coroner vacancy; and H. 3852 – Emergency Health Powers Act amendments.

NACo Steering Committee Nominations

Do you want a voice in creating the national legislative policies of the National Association of Counties? Then consider filling out a NACo nomination form to be appointed to one of their 11 steering committees. The nomination process for membership on NACo policy steering committees is underway. As a steering committee member, you are responsible for debating and creating national policies and priorities affecting counties and serve as NACo's front line in their grassroots efforts. Committees meet at the NACo legislative and annual conferences and one other time during the year. You will be responsible for your own travel and expenses related to steering committee meetings.

Please contact Kathy Williams at the SCAC Offices, if you would like to receive a nomination form. Completed forms must be received by SCAC no later than Friday, June 15. The nominations will be processed by SCAC and forwarded to NACo for approval by the NACo President after the NACo Annual Conference in July. Appointments will be announced in September.

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. 4027 – increases the surcharge on all convictions in General Sessions Court and in Magistrates and Municipal Courts by five dollars.

Senate Bills

S. 725 – prohibits a municipal law enforcement officer from requesting a person's Social Security Number for purposes of an income tax garnishment, if the person fails to pay the fine associated with a traffic violation; and provides that a delinquent debt does not include a fine, assessment and costs resulting from conviction of a traffic offense in municipal court.