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Friday Reports — January 2009

Issue 3-09 — Jan. 30, 2009
Issue 2-09 — Jan. 23, 2009
Issue 1-09 — Jan. 16, 2009

Issue 3-09 — Jan. 30, 2009

The Senate and House met in full session this week. Next week, the House will be meeting, but the Senate will only meet on the floor on Tuesday. Senate Finance and Judiciary Committees will both be meeting, so all Senators will be there Tuesday.

Ways and Means Subcommittees Finish Agency Hearings and Provisos

House Ways and Means subcommittees completed their initial budget work this week. Next week, the Proviso Subcommittee will meet to determine which provisos (temporary laws) will be forwarded to the full Ways and Means Committee. There were several items of interest this week.

Local Government Fund (LGF) – The LGF has not been discussed in subcommittee to date. This is typically a positive sign that the statutory formula will be followed. It is not a guarantee that the statutory formula will be followed, and county officials should still be making contacts to let House members know how important this revenue source is to local services and millage rates. Now is also the time to begin having conversations with the members of the Senate Finance Committee (A Senate Finance Committee roster is attached).
Retirement System – There is not going to be a cost of living adjustment (COLA) to retiree pensions this year. The particular version of the Consumer Price Index (CPI) which the Retirement System uses in its formula was negative last year, so no COLA is triggered.
State Health Plan – The state health plan requires a $10.92 per subscriber, per month premium increase this year. If absorbed completely by the employer premium, this would be a 3.1 percent increase in the employer rate. The Budget and Control Board approved a $25 per month rate surcharge on employee premiums for tobacco use effective Jan. 1, 2010. A change in the statutory law appears to be needed to implement this surcharge.
State Treasurer – A subcommittee member has expressed concerns about whether local governments are accurately reporting collection of victim fines and assessments to the State Treasurer. Some discussion was had as to whether a proviso should be introduced to further penalize local governments for failing to remit and report victim services revenue properly. Also, the State Treasurer expressed his desire to the subcommittee that auditor and treasurer state salary supplements be exempted from any mid-year cuts.

Tax Study Commission — S. 12 and S. 182

The Senate Finance Committee took up the tax study commission issue, and there is now a compromise version which was adopted in concept and will be discussed further next Tuesday. The concept they will start with next Tuesday is:

An 11-member commission composed of people with academic or professional experience in governmental accounting, tax law, business accounting or economics who cannot be members of the General Assembly. Eight members are to be appointed by various Senate and House leaders, two appointed by the Governor, and the Director of the Department of Revenue.
The commission will spend the first year studying sales tax exemptions and making a recommendation on any changes. The General Assembly would then have to either adopt or reject the proposal and could make changes to the proposal with a three-fifths vote.
The commission would then spend up to four years studying all state and local taxes and could make recommendations for changes. For this set of recommendations, there would be no special legislative rules, making it just like any other study committee recommendation.

During the discussion in Senate Finance Committee this week, some members mentioned giving business property tax relief and examining assessable transfers of interest (ATI) or point of sale as topics they would like to see addressed by the commission if they were not addressed earlier by the General Assembly.

Other Tax Items

Property Tax Penalty Waiver – H. 3283. H. 3283 would allow a county council to waive, dismiss or reduce property tax penalties by ordinance and was committed to the House Ways & Means Committee when it came up for debate on the House floor. At least part of the reason for this action was a proposed amendment to allow partial payment of property tax bills to reduce the penalty without affecting the execution date.
Property Tax Penalty Waiver – S. 278. This bill is similar to H. 3283, but allows county council to delay penalties on delinquent property taxes for property tax years 2008 and 2009. In a Senate Finance subcommittee, S. 278 was amended to limit the delay of penalties to no later than April 15. S. 278 will most likely be considered by the full Senate Finance Committee.
Four Percent Legal Residence Ratio and Rental Property – S. 193. This legislation creates a bright line 90-day annual limit on the number of days a home can be rented from the homeowner and retain the 4 percent legal residence property tax ratio. S. 193 also allows applications for refunds back to 2004 on this change until July 1, 2011. Concern was expressed about the unusually long window for refund requests stretching back so far in time. The Senate Finance subcommittee passed S. 193 without amendment and suggested that an amendment may be possible later in the process. S. 193 is expected to be addressed by the full Senate Finance Committee next Tuesday.
State Spending Caps – S. 1. This is a constitutional amendment to create a state spending cap, which was unanimously approved by the Senate Judiciary Committee. There was no mention of expanding this cap to local governments. S. 1 would set revenue limits available for budgeting based on prior years’ expenditures plus an adjustment based on an average revenue growth for the past 10 years. Any revenue amounts over the limit would go into a stabilization fund which could be spent on a two-thirds vote or used to supplement weak revenue years. S. 2 is the implementing statutory legislation and is in the Senate Finance Committee.

Elections Items

Voter ID – H. 3005. H. 3005 would require a person who presents himself to vote to produce a driver's license or an ID card issued by DMV. A House Judiciary subcommittee adjourned debate on this bill.
Multi-Party Candidates – H. 3067. This bill would prohibit a candidate from being nominated by more than one political party for a single office and would prohibit the candidate’s name from appearing on a ballot more than once. A House Judiciary subcommittee gave H. 3067 a favorable report, and it will likely be considered by the full House Judiciary Committee next Tuesday.
Registration by Party – H. 3140. H. 3140 requires voter registration by party to vote in a partisan primary election. A House Judiciary subcommittee ran out of time and adjourned debate on this bill.

Courts and Law Enforcement Items

Family Court Financial Privacy – S. 146. This measure provides for the sealing of family court financial declaration forms and exempts them from disclosure under the Freedom of Information Act. S. 146 was given a favorable report by the Senate Judiciary Committee and is pending second reading on the Senate calendar.
Expungement of Criminal Records – H. 3022. This bill provides that a solicitor’s office or clerk of court may not charge a fee for the expungement of records of an accused, where the charges are dismissed or the accused is found not guilty. H. 3022 was amended to require the solicitor’s office to handle all expungements and charge a $250 application fee, but no distribution of the fee to other offices doing the expungement work was included in that amendment. H. 3022 will be heard again in the House Criminal Laws subcommittee next Thursday morning.
Court Costs – H. 3028. This bill allows a court to order a private party bringing criminal charges to pay costs incurred by the accused, if the court dismisses the charges or the defendant is found not guilty. The House Judiciary subcommittee also adopted an amendment to allow a jail administrator to retain arrest and booking records under seal for a period of three years from the date of an expungement order. H. 3028 was carried over for further discussion and has not yet been scheduled for another subcommittee meeting.
Animal Control Officer Custodial Arrests – H. 3137. This bill gives animal control officers custodial arrest authority for violations observed during the course of enforcing animal control laws, if they are certified as a law enforcement officer. H. 3137 received a favorable report in subcommittee and will be considered at the House Judiciary Committee meeting next Tuesday.

State Highway System Expansion or Contraction — S. 103

S. 103 is identical to the bill that passed the Senate last year and would allow the State to add or delete roads from the state system. Counties and municipalities must agree to any transfer. The proposal also repeals the "Beltline and Spur Act" (§57-5-90). This is a permissive method to add roads into the state system, and it has not been used in the past several years. The bill is pending second reading on the Senate floor and was carried over at the request of Sen. Leventis. He wanted time to draft an amendment that would require DOT to provide a 20-year maintenance history on any road that the state wanted to transfer. It will be up for debate again on Tuesday.

Hunting and Fishing on Public Land — H. 3008

H. 3008 would require public access for hunting and fishing on any riverbank land in which public funds were used to acquire an interest, regardless of the public use. This bill would impact green space programs, which have acquired easements on private land at little or no cost largely due to the fact that there would be no public access on the easements. The bill also includes other types of land uses such as water works and other facilities located on a riverbank. A House Agriculture subcommittee adjourned debate on this bill to give the author and interested groups time to more narrowly tailor the language.

Bills Coming Up Next Week

At time of printing, the following meetings of interest were posted to the General Assembly website—www.scstatehouse.gov. Additional meetings and changes are posted continuously throughout the week.

Senate Judiciary Subcommittee on S. 21 and S. 186 — Wednesday, Feb. 4 at 10 a.m. A subcommittee comprised of Sens. Martin, Rankin, Hutto, Bright and Davis will consider S. 21, the Uniform Interstate Depositions and Discovery Act, and S. 186 to provide guidelines for the awarding of attorneys’ fees in state initiated actions.
House Judiciary Criminal Laws Subcommittee — Thursday, Feb. 5 at 9 a.m. The subcommittee will consider H. 3343 to provide attorneys access to jailed clients between 8 a.m. and 6 p.m. and H. 3022 relating to criminal records expungement.

SLED Agreements with Sheriffs and Workers Compensation Coverage

Recently, county sheriffs received a letter from the State Law Enforcement Division (SLED) regarding SLED’s interest in entering into an agreement with county sheriffs departments to appoint sheriff’s deputies as volunteer state constables. Currently, State law gives SLED the exclusive jurisdiction to enforce certain alcohol and gambling laws. This agreement would authorize deputies to enforce these laws as state constables, while requiring the county to assume liability for workers’ compensation claims for employees injured while acting as state constables. However, state law requires the state to cover constable’s workers’ compensation. There are nearly 5,250 certified law enforcement officers in the state. Assuming the additional liability for this number of people will be an expensive unfunded mandate on county budgets and could potentially impact future workers’ compensation premiums. SCAC legal staff is researching this issue and will keep counties updated.

Do not execute one of these agreements until SCAC legal and insurance staff have met with SLED officials to determine workers’ compensation and liability coverage issues.

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. Each Lobby Day will begin at 10 a.m. in the SCAC office with a briefing on the specific meetings scheduled at the State House and the issues that you might make the most impact upon. We will then adjourn at 11 a.m. to visit the General Assembly. It is also a good idea to schedule lunch with one or more of your delegation members.

Feb. 3

Feb. 10

Feb. 17

March 3

March 10

March 24

March 31

2009 SCAC Mid-Year Conference, Legislative Reception
and Institute of Government

Mid-Year Conference and Legislative Reception to be held Wednesday, Feb. 25. The Mid-Year Conference will be held at Embassy Suites Hotel in Columbia. Registration information has been mailed and is available online. 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. 25 at Embassy Suites Hotel. The SCAC Legislative Reception will not be published on the House calendar, so you will need to extend an invitation to your legislators if you expect to see them there.
Institute of Government classes will be held Thursday, Feb. 26. These informational courses are open to all county officials. There is a separate registration for these courses, and materials have been mailed and are available online. Course offerings include Orientation to County Government, Developing Good Leadership Skills, Public Speaking, Financial Management and Decision-Making in a Political Environment.

'Can't Wait to Get Your Friday Report 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 the web by 3 p.m. on Friday. The Friday Report can also be sent to you directly via e-mail. If you stop getting the e-mail version of the Friday Report, call us. We may have an old e-mail address that is no longer valid.

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. 3312 – Terminates the provisions of the South Carolina Community Economic Development Act on June 30, 2015, instead of June 30, 2010.

H. 3313 – Provides that a fraudulent check must be posted on the date it is received and that a warrant be obtained within 180 days from the date of receipt of the fraudulent check.

H. 3315 – Creates additional unlawful conduct for the offense of disturbing schools.

H. 3318 – Creates a special inspector for purposes of building code enforcement.

H. 3319 – Expands the definition of dangerous animal.

H. 3320 – Authorizes a real estate broker-in-charge to represent a person in a county tax administrative process.

H. 3321 – Authorizes a property tax appeal to go directly to circuit court.

H. 3331 – Requires a private utility within five days of filing a change rate schedule for water or sewer service to produce a financial statement for public inspection.

H. 3333 – Requires that 20.72 percent of additional assessment imposed in magistrates court go to fund the S.C. Criminal Justice Academy.

H. 3334 – Authorizes the imposition of a sales and use tax ordinance to acquire real estate to be used for certain purposes.

H. 3335 – Increases the percentage of local accommodations and hospitality taxes that may be used for operations and maintenance from 20 percent to 50 percent in counties in which less than $900,000 in accommodations tax is collected annually.

H. 3340 – Creates a single countywide school district for each county by July 1, 2011.

H. 3343 – Requires the administrator of a jail or detention center to provide attorney access to clients from 8 a.m. to 6 p.m.

H. 3348 – Requires the sheriff to be notified of the residence of a person released from incarceration who is a sex offender.

H. 3368 – Authorizes a retiree in the retirement system for judges and solicitors to receive a retirement allowance while serving in statewide office.

H. 3369 – Increases the penalty for offense of criminal solicitation of a minor.

H. 3386 – Requires a referendum to be held on the question of raising the bonded indebtedness limits of a county and school districts to be held at the general election.

H. 3388 – Requires a person to show proof of citizenship before they can be placed on the ballot as a candidate for elected office in this state or the national election.

H. 3389 – Requires proof that a person is a natural born citizen before their name can be placed on a ballot in this state as a candidate for President or Vice President.

H. 3390 – Repeals the current state provision for filling the vacancy of a U.S. Senator.

H. 3395 – Provides that any change of the amount required to be held in the general reserve fund must be done in accordance with the state constitution.

H. 3396 – Increases the constitutional requirement of the amount of funds to be held in the general reserve fund from 3 percent to 5 percent of the state general fund revenue in the latest completed fiscal year.

H. 3397 – Caps the general fund appropriations for a fiscal year to the total amount of the general fund revenue estimate as of Feb. 15 for FY 2009-10, increased annually and cumulatively by the lesser of 6 percent or a percentage determined by population increases and increases in the consumer price index.

Senate Bills

S. 300 – Provides for the realignment of the 16 judicial circuits.

S. 304 – Authorizes local accommodations and hospitality fees and state accommo-dations fees to be pledged as bond security.

S. 306 – Expands the workers' comp definition of employee to include legal and illegal immigrants.

S. 307 – Requires a person to produce a driver's license or a SCDMV ID card in order to vote.

S. 309 – Prohibits a magistrate from a holdover in office when his/her term expires.

S. 310 – Exacts the Uniform Expungement of Criminal Records Act.

S. 314 – Creates an additional $5 surcharge on fines of misdemeanor traffic and non-traffic violations.

S. 315 – Includes code enforcement officers in the crime of assault and battery against certain county personnel.

S. 316 – Guarantees the right to vote by secret ballot in required designations or authorizations for employee representation.

S. 324 – Establishes a moratorium on issuing permits for the construction or expansion of landfills until Dec. 31, 2010.

S. 326 – Creates an impact fee for residential development in the Beaufort County school district.

S. 327 – Creates an impact fee on residential development in the Jasper County school district.

S. 332 – Increases the percentage of local accommodations and hospitality taxes that may be used for operations and maintenance from 20 percent to 50 percent in counties in which less than $900,000 in accommodations tax is collected annually.

S. 334 – Enacts the South Carolina Election Reform Act.

S. 335 – Prohibits state agencies from using public funds to employ lobbyists.

S. 342 – Requires insurance policies to include coverage for towing abandoned vehicles or a vehicle ordered to be towed by law enforcement.

S. 346 – Authorizes capital projects sales tax to be used for acquiring real property for economic development, conservation, blight remediation or military base protection.

S. 349 – Provides that a towing company operating within the corporate limits of a municipality is not subject to a business license tax, unless it maintains a place of business within the corporate limits of the municipality.

S. 352 – Creates the South Carolina Joint Committee on School District Consolidation.

S. 354 – Provides for no excuse absentee ballot voting, and would allow applications for absentee voting to be completed online.

S. 355 – Establishes one absentee voting precinct per 100,000 people in a county.

Issue 2-09 — Jan. 23, 2009

The Senate and House were on furlough this week. However, numerous House Ways and Means budget subcommittees and one Senate subcommittee met.

Ways and Means Subcommittees Continue Budget Work

House Ways and Means subcommittees continued to meet on the budget all week. Agencies continued to submit how they have dealt with the 7 percent cut and how they plan to deal with an additional 8 percent cut, if necessary. There was a great deal of discussion in the Criminal Justice Budget subcommittee concerning allowing directors of agencies to have more discretion over furloughs. Currently, furlough must be applicable to all employees. Many directors are asking permission to target furloughs, so they would only affect higher-income administrative staff. The Department of Corrections requested a proviso to allow them to sell retread tires to local governments.

Local Government Fund in Jeopardy

Now is the time to have conversations with members of the House Ways and Means Committee to let them know how important the Local Government Fund (LGF) is to your local budget and the impact of not following the statutory formula upon local services and local property tax rates. A roster of the Ways and Means Committee is attached with LGF subcommittee members noted.

Tax Study Committee — S. 12 and S. 182

A Senate Finance subcommittee met this week and gave a favorable report to S. 12 and S. 182. Both of these bills create tax study committees with the idea being to produce a list of sales tax exemptions to be repealed. S. 12 creates a temporary committee solely to look at state sales tax exemptions, and the General Assembly must then vote up or down for the list without amendments. S. 182 creates a permanent committee which encompasses the entire tax system with the General Assembly having to affirmatively vote to amend or disapprove any proposal.

Both of these bills will be before the Senate Finance Committee next Tuesday afternoon. The three issues the subcommittee identified for discussion at the full committee meeting were whether to 1) make the committee permanent or temporary, 2) include state only or state and local taxes, and 3) what mechanism to use for adoption or rejection of any sales tax exemption proposal.

Several business groups testified, and the State Chamber of Commerce testimony supported examination of taxes and fees on state and local levels. They pointed out that with the adoption of residential property tax relief in Act 388, there was a shift of the burden to the business community. They also stated that because of property tax assessment ratios, industrial property taxes were the highest in the country and stated that commercial property taxes were the seventh highest in the country.

In response to numerous newspaper articles and op-ed pieces from the business community looking for responses to the shift to non-residential property taxpayers and early indications from the General Assembly that no expansion of the tax study committee would be likely, the SCAC Board shifted the legislative policy position on this tax study proposal to oppose inclusion of local taxes in any mechanism which results in an up or down vote on a package of tax changes—similar to the BRAC approach to base closures.

Items of Interest Coming Up Next Week

Property Tax Penalty Waiver – H. 3283 and S. 278. H. 3283 would allow a county council to waive, dismiss or reduce property tax penalties by ordinance. H. 3283 went without reference and is pending second reading on the House floor. The bill will be up for debate on Tuesday, Jan. 27 when the House returns to session. S. 278 is similar to H. 3283, but limited to property tax years 2008 and 2009. S. 278 is expected to be before the Senate Finance Committee next Tuesday.
Open Space Public Access – H. 3008. A House Agriculture subcommittee will take up this bill, which requires that any interest in real property acquired with public funds along a riverbank specifically provide for fishing and hunting access. This provision may be overly broad when a governmental entity acquires a riverbank parcel for utility access or purposes other than open space of conservation. H. 3008 will be considered on Tuesday. Subcommittee members are Reps. David Umphlett, Chairman; Steve Parker; Boyd Brown and Patsy Knight.
House Election Laws Subcommittee. This subcommittee will take up several bills of interest next Thursday. Those bills include H. 3005 to require a photo on voter registration cards; H. 3140 to require voter registration to be partisan and institute a closed primary; and H. 3067 to preclude a candidate being nominated by more than one party.

CPI Used for the Millage Rate Cap

The Budget and Control Board's Bureau of Statistics and Research indicated that the Consumer Price Index (CPI) for use in calculating the millage rate cap in §6-1-320 is 3.85 percent, but may be rounded in its final announcement. The millage rate cap is the average increase in the CPI plus the percentage growth in the population of the jurisdiction. If the population of the jurisdiction dropped, then there is no adjustment for population. Population growth figures by county are not expected to be available until the middle of March at the earliest.

2009 SCAC Mid-Year Conference, Legislative Reception
and Institute of Government

Mid-Year Conference and Legislative Reception to be held Wednesday, Feb. 25. The Mid-Year Conference will be held at Embassy Suites Hotel in Columbia. Registration information has been mailed and is available online. 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. 25 at Embassy Suites Hotel. The SCAC Legislative Reception will not be published on the House calendar, so you will need to extend an invitation to your legislators if you expect to see them there.
Institute of Government classes will be held Thursday, Feb. 26. These informational courses are open to all county officials. There is a separate registration for these courses and those materials have been mailed and are available online. Course offerings include Orientation to County Government, Developing Good Leadership Skills, Public Speaking, Financial Management and Decision-Making in a Political Environment.

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. Each Lobby Day will begin at 10 a.m. in the SCAC office with a briefing on the specific meetings scheduled at the State House and the issues that you might make the most impact upon. We will then adjourn at 11 a.m. to visit the General Assembly. It is also a good idea to schedule lunch with one or more of your delegation members.

Jan. 27 – Greenville, Greenwood, Lee, Oconee, Orangeburg, Union
Feb. 3 – Allendale, Anderson, Calhoun, Dillon, Fairfield, Jasper
Feb. 10 – Florence, Hampton, Laurens, McCormick, Williamsburg
Feb. 17 – Bamberg, Cherokee, Horry, Lancaster, Marlboro
March 3 – Abbeville, Beaufort, Chester, Georgetown, Sumter
March 10 – Chesterfield, Dorchester, Kershaw, Lexington, Newberry
March 24 – Aiken, Barnwell, Berkeley, Pickens, Richland, Saluda
March 31 – Clarendon, Colleton, Darlington, Edgefield, Marion

Can’t Wait to Get Your Friday Report Each Week or Missed Your E-mail Version this Week?

Issue 1-09 — Jan. 16, 2009

The Senate spent most of its time this week organizing into committees and adopting rules of procedure. The House had numerous subcommittee meetings and tended to some rules changes of its own. Both chambers will be on furlough next week, although most House Ways and Means budget subcommittees will meet.

2009 SCAC Legislative Program

The 2009 session of the General Assembly may be one of the most challenging for SCAC’s legislative program in quite a few years. The key to success is the active involvement of county officials. SCAC staff provides volumes of information, facts and statistics, but it is the individual phone conversations, personal contacts, letters and e-mails from folks back home that are the most effective.

Each chamber is planning to take several weeks off and end the session two weeks earlier than usual. This abbreviated session will make it difficult for bills other than the budget and major initiatives of the legislative leadership to get passed. This makes contact by county officials especially important.

Here’s how you can make your participation most effective:

Read and respond to the Friday Report and Legislative Alerts. These publications will tell you when your input may make the most difference in the legislative process.
Attend the Lobby Days.
Attend the Mid Year Conference and Legislative Reception on Feb. 25.
Interact with your legislators on a regular basis, not just when you want to ask them for a vote.
Be clear, concise, and accurate when you address an issue.
Ask for a commitment and be clear on the answer. When not clear, ask a follow-up clarifying question, such as "So you’ll vote to table the amendment?"
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.
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.

2009 SCAC Mid-Year Conference, Legislative Reception
and Institute of Government

Mid-Year Conference and Legislative Reception to be held Wednesday, Feb. 25. The Mid-Year Conference will be held at the Embassy Suites Hotel in Columbia. Registration information has been mailed and is available via www.sccounties.org. 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. 25 at Embassy Suites Hotel. The SCAC Legislative Reception will not be published on the House calendar, so you will need to extend an invitation to your legislators if you expect to see them there.
Institute of Government classes will be held Thursday, Feb. 26. These informational courses are open to all county officials. There is a separate registration for these courses and those materials have been mailed and are available on the web at www.sccounties.org. Course offerings include Orientation to County Government, Developing Good Leadership Skills, Public Speaking, Financial Management and Decision-Making in a Political Environment.
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. Each Lobby Day will begin at 10 a.m. in the SCAC office with a briefing on the specific meetings scheduled at the State House and the issues that you might make the most impact upon. We will then adjourn at 11 a.m. to visit the General Assembly. It is also a good idea to schedule lunch with one or more of your delegation members. PLEASE NOTE THAT THE JAN. 20 LOBBY DAY HAS BEEN CANCELLED BECAUSE OF THE GENERAL ASSEMBLY’S FURLOUGH WEEK—Spartanburg and York will need to pick another Lobby Day.

Jan. 27 – Greenville, Greenwood, Lee, Oconee, Orangeburg, Union
Feb. 3 – Allendale, Anderson, Calhoun, Dillon, Fairfield, Jasper
Feb. 10 – Florence, Hampton, Laurens, McCormick, Williamsburg
Feb. 17 – Bamberg, Cherokee, Horry, Lancaster, Marlboro
March 3 – Abbeville, Beaufort, Chester, Georgetown, Sumter
March 10 – Chesterfield, Dorchester, Kershaw, Lexington, Newberry
March 24 – Aiken, Barnwell, Berkeley, Pickens, Richland, Saluda
March 31 – Clarendon, Colleton, Darlington, Edgefield, Marion

Local Government Fund in Jeopardy

The FY 2009–10 Local Government Fund (LGF) projections have been mailed and are available on the web via www.sccounties.org. According to the statutory formula, the LGF should be $287,657,747.

The Governor’s Executive Budget fails to fund the LGF in accordance with the statutory formula and reduces the fund to FY 2005–06 levels—a $45.6 million shortfall. The Governor’s budget reflects funding for the LGF at $242,059,416. The State Aid to Subdivisions Act of 1991 provides that an amount equal to not less than 4.5 percent of the general fund revenues of the latest completed fiscal year be appropriated each year to the LGF. The two main reasons for adopting the LGF were predictability of the revenue stream and to provide a source of revenue other than property taxes for county and municipal governments. The proposed cut in the LGF defeats both of these goals. A cut of this size will require most counties to reduce services and increase property taxes.

Now is the time to be contacting the members of the House Ways and Means Committee to stress how important funding the Local Government Fund according to the statute is to local services. Several members were not aware that there have been furloughs at the county level. Many members do not understand how much of the county budget cannot be cut because of statutory requirements. Some members forget that there are caps on the property millage rate and assessed values. Roughly 20 percent of members are new to the General Assembly and may not be fully aware of these constraints on county budgets. A roster of House Ways and Means Committee members is attached with members of the subcommittee that covers the Local Government Fund noted.

Other Budget News

Governor’s Budget – The Governor proposes cutting the state’s income tax rate from 7 percent to a flat 3.65 percent. The cut would be offset by a new $3 per ton tipping fee for landfill dumping, elimination of the state’s three sales tax holidays and a 30 cent per pack increase in the cigarette tax.

The Governor’s budget also supports legislation to eliminate current income tax based economic development incentives and replace them with a complete elimination of the corporate income tax. The proposal would be phased in by lowering the corporate income tax to 4.5 percent the first year and completely eliminating it over a 9-year period.
Ways and Means subcommittees Begin Meeting on the Budget – House Ways and Means subcommittees met on the budget all week. All agencies were required to submit how they have dealt with the 7 percent cut and how they plan on dealing with an additional 8 percent cut, if necessary. There was much discussion in the Ways and Means Local Government, Legislative and Executive subcommittee concerning the expenditure of victims services money at the local level. Some non-profits are stating that these funds are not being spent according to statute. Several ideas concerning these funds were discussed, including amending the statute to clarify how victim service funds may be spent, the creation of an entity which would oversee the expenditure of these funds, or an audit of these funds. The State Office of Victims Assistance suggested allowing the Crime Victim’s Advisory Board to develop a solution to this issue.

Other Items of Interest

Point of Sale Reassessment – H. 3007 and H. 3272. These bills would repeal the point of sale reassessment or assessable transfer of interest (ATI) provision of Act 381. This would eliminate the revaluation of property upon its sale to fair market value. These bills, as currently written, are retroactive to tax years beginning after 2006 and would require refunds of taxes already paid. Going forward, it would also eliminate the growth in the property tax base from the sale of properties and increased revenue would be completely dependent upon new property being added to the base and millage rate increases. Both of these bills are in the House Ways and Means Committee. The Realtors have been working hard on this proposal.
Property Tax Penalty Waiver – H. 3283. This bill would allow a county council to waive, dismiss or reduce property tax penalties by ordinance. H. 3283 went without reference and is pending second reading on the House floor. The bill will be up for debate on Tuesday, Jan. 27 when the House returns to session.
Stormwater Fees – H. 3088. This legislation is the reintroduction of last year’s proposal to exempt farm lands, forest lands, undeveloped lands and church buildings from fees to support storm water, sediment or erosion control programs. Fifteen (15) counties would be impacted in their efforts to comply with the mandates of the Federal Clean Water Act. This bill would cause a shift to other properties for the cost of these federally required programs. H. 3088 has been referred to the House Ways and Means Committee.

2009 SCAC Legislative Policy Positions

Policy Positions for the 2009 Session of the S.C. General Assembly, adopted by the SCAC Legislative Committee has been mailed to county officials and is available on the web at www.sccounties.org. The legislative development process is discussed in detail in the front of the policy positions publication and on the website.

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 the web by 3 p.m. on Friday. The Friday Report can also be sent to you directly via e-mail. Just fax the enclosed form or follow the e-mail request instructions. If you stop getting the e-mail version of the Friday Report, call us. We may have an old e-mail address that is no longer valid.

House Ways and Means Committee

Daniel T. Cooper, (R), Chairman
Dist. No. 10 - Anderson County
(H) 361 Browning Road, Piedmont, 29673
Bus. (864) 260-4025 Home (864) 947-1230
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-3144

Annette D. Young, (R)
Dist. No. 98 - Charleston & Dorchester Counties
(H) 410 Barfield Dr., Summerville, 29485
Bus. (843) 821-4999 Home
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-2953

Rex F. Rice (R)
Dist. No. 26 - Greenville & Pickens Counties
(H) 301 Providence Way, Easley, 29642
Bus. (864) 616-5657 Home (864) 859-2132
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-3035

Lanny F. Littlejohn, (R)
Dist. No. 33 - Cherokee & Spartanburg Counties
(H) 210 Deerwood Drive, Pacolet, 29372
Bus. (864) 706-5565 Home (864) 474-9329
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-3141

Herb Kirsh, (D) LGF Subcommittee Member
Dist. No. 47 - York County
(H) P. O. Box 31, Clover, 29710
Bus. (803) 222-3701 Home (803) 222-3768
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-3071

Liston D. Barfield, (R)
Dist. No. 58 - Horry County
(H) P. O. Box 1734, Conway, 29528
Bus. (843) 365-2049 Home (843) 365-2049
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-2968 Home (803) 771-8711

James A. "Jim" Battle, Jr., (D)
Dist. No. 57 - Marion County
(H) P. O. Box 211, Nichols, 29581
Bus. (843) 464-6748 Home (843) 526-2381
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-3001

Kenny Bingham, (R)
Dist. No. 89 - Lexington County
(H) P.O. Box 2025 Cayce, 29171
Bus. (803) 796-9300 Home (803) 796-3582
(H) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-3138

William "Bill" Clyburn , (D)
Dist. No. 82 - Aiken & Edgefield Counties
(H) 664 Edrie St., Aiken, 29801
Bus. Home (803) 649-6167
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-3033

Gilda Cobb-Hunter, (D) LGF Subcommittee Member
Dist. No. 66 - Orangeburg County
(H) 112 Estate Court, Orangeburg, 29115
Bus. (803) 534-2448 Home (803) 531-1257
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-2809

Tracy R. Edge, (R)
Dist. No. 104 - Horry County
(H) P. O. Box 2095, Myrtle Beach, 29577
Bus. (843) 448-5123 Home (843) 361-2827
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-3013

William G. "Bill" Herbkersman, (R)
Dist. No. 118 - Beaufort County
(H) 151 Gascoigne Bluff, Bluffton, 29910
Bus. (843) 757-7900 Home (843) 757-5424
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-3063

Kenneth Kennedy, (D)
Dist. No. 101 - Williamsburg County
(H) 140 Society St., Greeleyville, 29056
Bus. (843) 426-2259 Home (843) 426-2492
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-2986 Home (803) 252-2000

Harry B. "Chip" Limehouse, III, (R)
Dist. No. 110 - Berkeley & Charleston Counties
(H) 22 Menotti St., Charleston, 29401
Bus. (843) 577-6242 Home (843) 577-6242
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-2977 Home (803) 252-0845

Dwight A. Loftis, (R)
Dist. No. 19 - Greenville County
(H) 540 Sulphur Springs Rd., Greenville, 29617
Bus. (864) 246-7917 Home (864) 834-5760
(C) P.O. Box 11867, Columbia, 29211
Bus. (803) 734-3101

James H. "Jay" Lucas, (R)
Dist. No. 65 - Chesterfield, Darlington, Kershaw
& Lancaster Counties
(H) 812 W. College Ave., Hartsville, 29550
Bus. (843) 332-5566 Home (843) 383-9421
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-2961

James H. Merrill, (R)
Dist. No. 99 - Berkeley & Charleston Counties
(H) 2401 Daniel Island Drive, Charleston, 29492
Bus. (843) 884-9108 Home (843) 849-7306
(H) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-3072

Joseph H. Neal, (D)
Dist. No. 70-Richland & Sumter Counties
(H) P.O. Box 5, Hopkins, 29061
Bus Home (803) 776-0353
(H) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-2804

Denny Woodall Neilson, (D)
Dist. No. 56 - Chesterfield & Darlington Counties
(H) 109 Carol Dr., Darlington, 29532
Bus. Home (843) 393-2079
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-3097

Harry L. Ott, Jr., (D)
Dist. No. 93 - Calhoun, Lexington & Orangeburg Counties
(H) 461 Bull Swamp Rd., St. Matthews, 29135
Bus. Home (803) 874-1042
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-2998

Michael A. Pitts, (R)
Dist. No. 14 - Abbeville, Greenwood & Laurens Counties
(H) 372 Bucks Point Rd., Laurens, 29360
Bus. (864) 575-2917 Home (864) 575-2917
(C) P.O. Box 11867, Columbia, 29211
Bus. (803) 734-2830

J. Gary Simrill, (R)
Dist. No. 46 - York County
(H) 1515 Alexander Road, Rock Hill, 29732
Bus. (803) 366-0445 Home (803) 328-8089
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-3040

G. Murrell Smith, Jr., (R)
Dist. No. 67 - Clarendon & Sumter Counties
(H) 123 Conyers Street, Sumter, 29150
Bus. (803) 778-2471 Home (803) 773-6263
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-3042

J. Roland Smith , (R)
Dist. No. 84 - Aiken County
(H) 183 Edgar St., Warrenville, 29851
Bus. (803) 593-8987 Home (803) 593-2359
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-3114

Brian White, (R), LGF Subcommittee Chairman
Dist. No. 6 - Anderson County
(H) P.O. Box 970, Anderson, 29622
Bus. (864) 260-4025 Home (864) 716-0469
(C) P. O. Box 11867, Columbia, 29211
Bus. (803) 734-3113

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. 3003 – Amends the laws relating to concealed weapons.

H. 3005 – Provides for photos on voter registration cards.

H. 3006 – Amends the Constitution to allow the General Assembly to abolish a special or public service district by special or local law.

H. 3007 – Postpones the implementation of the transfer value of a parcel of unimproved property since the last countywide reassessment until the next reassessment.

H. 3009 – Closes participation in the TERI program from July 1, 2009 forward and dissolves the entire program on July 1, 2014.

H. 3011 – Provides that food stamp items are exempt from certain sales taxes.

H. 3014 – Increases the cigarette tax.

H. 3015 – Eliminates state retirement withholdings from poll workers' wages.

H. 3016 – Amends the Constitution to require a three-fifths vote of the House and Senate to pass a law to impose or increase a fee.

H. 3017 – Amends the Constitution to require a two-thirds vote of the House and Senate to pass a law to impose or increase taxes for revenue to the general fund.

H. 3018 – Exempts from property taxes the value of improvements to a new home through the earlier of the tax at the time the house is occupied, or the second tax year after the house is completed and a certificate of occupancy issued.

H. 3019 – Provides for a total property tax exemption for owner-occupied resident who is 65-years-old.

H. 3022 – Prohibits the clerk of court from charging a fee under certain circumstances for the destruction or expungement of records when a charge is dismissed or the person is found innocent.

H. 3027 – prohibits a registered sex offender from residing within a one-mile radius of a school.

H. 3028 – Authorizes expungement fees to be assessed against a person who brings a frivolous charge against another person.

H. 3032 – Authorizes bond eastreatment to the State 180 days after the person fails to appear in court.

H. 3033 – Amends the requirements for bench warrants.

H. 3037 – Amends the Constitution provisions on state spending caps.

H. 3040 – Establishes a permanent joint committee to look at ways to sustain and develop military installations and defense-related businesses.

H. 3041 – Authorizes attorneys for a person who prevails on an appeal on county assessor’s property tax assessment.

H. 3043 – Prohibits the use of public funds to employ or contract with lobbyists.

H. 3045 – Prohibits the use of appropriated funds to employ or contract with lobbyists.

H. 3047 – Enacts the Spending Accountability Act of 2009.

H. 3053 – Provides that a business license tax should be based on the business size and not gross income.

H. 3054 – Provides that at least 80 percent of the contributions to charitable organizations must be used for charitable purposes.

H. 3057 – Prohibits the use of public funds to employ or contract with lobbyists.

H. 3058 – Provides for no excuse early voting.

H. 3059 – Deletes the terms club district or party club from the election laws.

H. 3060 – Creates early voting centers.

H. 3062 – Amends the definition of independent expenditure for purposes of campaign laws.

H. 3065 – Provides that employer must give employees reasonable time off in order to vote.

H. 3066 – Provides that electronic filing of campaign disclosures and reports can be used for all elections in the state.

H. 3067 – Prohibits a candidate from filing for more than one election and from being nominated by more than one political party.

H. 3068 – Creates voting centers.

H. 3071 – Provides qualifications for clerks of courts, auditors and treasurers.

H. 3073 – Provides that a person can vote on the same day they register to vote.

H. 3074 – Provides that when a municipality annexes property in a county that has a land use or zoning plan that is less than the municipality’s density requirement, the county’s density requirement must remain in effect for five years after the annexation.

H. 3075 – Exempts municipal elections from the special election requirements when only one person has filed for the office.

H. 3077 – Prohibits the use of public funds to employ or contract with lobbyists.

H. 3078 – Authorizes the use of a college ID card as proof of identification when voting.

H. 3087 – Preempts counties from expanding or contracting the boundaries for where a sex offender may reside.

H. 3088 – Prohibits counties from imposing fees on agricultural, forest or undeveloped lands for stormwater sediment or erosion control.

H. 3090 – Provides that closely held business entities under shared control must be held to a single maximum aggregate campaign contribution limit.

H. 3091 – Prohibits smoking in restaurants and places that are licensed to sell alcohol for on-premises consumption.

H. 3092 – Redefines contribution for purposes of campaign laws.

H. 3093 – Eliminates certain campaign contribution limits.

H. 3113 – Extends the smoking ban to restaurants, bars, lounge areas and recreational facilities.

H. 3114 – Prohibits wastewater treatment sludge generated outside of this state from being disposed of in this state.

H. 3119 – Increases the cigarette tax.

H. 3124 – Provides that beginning in 2011, the General Assembly will enact a biennial General Appropriations Act.

H. 3127 – Amends the Sine Die date to the first Thursday in May.

H. 3129 – Amends the Constitution, so that the General Assembly will commence on the second Tuesday in February.

H. 3130 – Provides that an assessable transfer of interest does not occur when property is conveyed to a trust or by a will or intestate succession under certain circumstances.

H. 3132 – Enacts the South Carolina Comprehensive Statewide Water Management Act of 2009.

H. 3137 – Authorizes an animal control officer to exercise the same powers as a litter control officer.

H. 3138 – Requires the annual appropriations bill to be considered section by section with a required roll call vote on second reading.

H. 3139 – Extends the deadline for accepting an absentee ballot application to six days before the election.

H. 3140 – Requires voters voting in a partisan primary election to be registered members of that party.

H. 3142 – Prohibits polling precincts from being placed in gated communities or in any place where access is not controlled by polling managers.

H. 3143 – Provides for absentee ballot voting by mail.

H. 3146 – Creates the Tax Study Commission to replace the Joint Committee on Taxation.

H. 3148 – Enacts the South Carolina Rural Infrastructure Act.

H. 3149 – Requires municipalities that collect water or sewer maintenance fees to only use those fees to maintain those services.

H. 3154 – Enacts the South Carolina Agricultural Assessment Reform Act.

H. 3155 – Creates a 2 percent assessment of the fair market value for a large tract of land that is undeveloped and does not qualify for agricultural use.

H. 3163 – Establishes a municipal court in each municipality.

H. 3166 – Establishes middle courts.

H. 3167 – Abolishes the recognition of common law marriages that are not in existence prior to Jan. 1, 2010.

H. 3168 – Requires certain tort claim actions to be brought in magistrate’s court.

H. 3172 – Increases the amount of damages an employee may receive against a county for retaliatory actions against the employee for reporting state or federal violations to $300,000.

H. 3173 – Provides a contribution exemption for purposes of campaign laws.

H. 3183 – Authorizes certain public notices to be placed on a public notice website.

H. 3189 – Provides that closely-held business entities under shared control must be held to a single maximum aggregate campaign contribution limit.

H. 3200 – Enacts the Electronics Recycling Act.

H. 3206 – Increases the cigarette tax.

H. 3209 – Eliminates the sales tax exemption on unprepared food items.

H. 3211 – Increases the cigarette tax.

H. 3212 – Allows a member of the military operating in a combat zone to receive the 4 percent assessment on an owner-occupied residence.

H. 3229 – Provides that the first and second offense for disturbing a school must be tried in magistrate court, and third and subsequent offenses must be tried in general sessions court.

H. 3232 – Changes the certification date for capital project sales and use tax referendum held in 2008 from Nov. 30, 2008 to Dec. 11, 2008.

H. 3237 – Provides that magistrates shall be appointed by the Governor at the advice and consent of the General Assembly.

H. 3243 – Provides that a business license tax must be based on the size of the business and not its gross income.

H. 3247 – Authorizes a landlord of a multi-family dwelling to charge for water and sewer use.

H. 3251 – Requires the House to take a roll call vote on second and third reading under certain circumstances.

H. 3253 – Requires a plan of service before an annexation proposal can be approved, and amends the definition of contiguous.

H. 3268 – Revises the method of the disbursal of funds derived from tolls.

H. 3270 – Establishes new annual renewal fees for underground storage tanks and that this additional revenue goes into the superb account.

H. 3272 – Postpones the implementation of the transfer value of unimproved property until the next countywide reassessment.

H. 3283 – Authorizes county council to direct the county treasurer to waive, dismiss or reduce real and personal property tax penalties.

H. 3288 – Enacts the Uniform Premarital Agreement Act.

H. 3290 – Provides a sales tax exemption for machinery used in the production of electricity from a renewable energy source.

H. 3291 – Extends the church property tax exemption to another church using the property.

H. 3293 – Requires the General Assembly to define fair market value for real property and to eliminate the 15 percent increase limit and the assessable transfer of interest.

H. 3294 – Provides for a $5 surcharge on all fines, forfeitures, and escheatments to fund infrastructure improvements at the S.C. Criminal Justice Academy.

H. 3296 – Creates a one-year moratorium on home foreclosures.

H. 3298 – Authorizes a person to carry a handgun under their car seat.

H. 3299 – Enacts the Customer Choice and Technology Investment Act of 2009.

H. 3302 – Provides that an impact fee imposed by law or local ordinance may be used for classroom operational expenses.

H. 3304 – Exempts person receiving the Homestead exemption from property tax increases due to reassessment.

H. 3305 – Amends the Constitution to provide that the secret ballot vote for employees applies in required designations or authorizations for employee representation.

H. 3306 – Increases the wages of voluntary firemen of organized voluntary rural fire units.

Senate Bills

S. 1 – Amends the Constitution to place an annual cap on appropriations to the general fund and creates a budget stabilization fund.

S. 2 – Amends the Constitution to cap appropriations by adjusting general revenue funds by a rolling ten-year average in annual changes in general revenue funds.

S. 3 – Provides that all county services and publications must be in an English-only format after July 1, 2009, unless otherwise required by federal law.

S. 5 – Amends the Constitution to authorize the denial of bail to someone who subsequently violates a condition of release while on bail, if the violation poses a threat of safety to the community or to another person.

S. 6 – Authorizes the denial of bail to someone who while they are released on bail is subsequently charged with a violent crime, and allows the new charge to be a basis for a magistrate to grant or deny bail.

S. 11 – Provides that a recorded roll call vote must be taken for the adoption of an individual section of the Annual General Appropriations Bill.

S. 12 – Creates the South Carolina Taxation Realignment Commission.

S. 16 – Authorizes a high school diploma to be issued to a veteran who was enrolled in, but did not complete high school during a war.

S. 19 – Provides for policies and procedures for campus police operations.

S. 20 – Provides a procedure for counties to contest the issuance of an alcohol license.

S. 22 – Creates no excuse voting and early voting centers.

S. 24 – Authorizes a county by ordinance to require drivers to use hands-free devices to talk on cell phones when the motor vehicle is in motion.

S. 28 – Provides for a minimum wage for the state with some exceptions.

S. 31 – Prohibits smoking in certain private school offices and teachers’ lounges, as well as outdoors at public schools and preschools.

S. 38 – Prohibits smoking in restaurants, bars, lounge areas and recreational facilities pursuant to the Clean Indoor Air Act of 1990.

S. 42 – Enacts the Civil Union Equality Act.

S. 49 – Provides a tuition exemption for a person called to active military duty.

S. 51 – Provides for a seven-day lapse period before an eviction order of ejectment can be executed.

S. 52 – Prohibits a lobbyist from serving on a local board or commission and from hosting a fund-raising event or paying an honorarium to a public official.

S. 60 – Suspends the motor fuel user fee from June 1, 2009 to Sept. 1, 2009.

S. 61 – Provides a statewide curfew for minors with an opt out provision for the unincorporated area of a county.

S. 65 – Amends the Constitution to authorize counties, by ordinance, to possess or operate gambling devices in the county.

S. 70 – Prohibits counties from regulating the sale of alcoholic beverages and products.

S. 71 – Provides that county agencies that receive state funding must observe all state legal holidays.

S. 78 – Amends the Constitution to authorize counties, by ordinance, to possess or operate gambling devices in the county.

S. 79 – Suspends the five-mile annexation limitation when the area seeking annexation has been denied by a municipality for six months or when the population for the unincorporated area population exceeds 7,000.

S. 80 – Authorizes the enactment or repeal of a law or constitutional amendment by initiative petition and referendum.

S. 81 – Reduces the requirement for a ballot initiative from 15 percent of the electors of a county to 5 percent.

S. 82 – Provides for absentee ballots by mail if a person meets certain requirements, and allows no excuse voting for a person who appears in person to vote.

S. 84 – Requires arrest warrants to be kept for three months for public inspection.

S. 85 – Provides that the condemnation authority of a municipality does not include owner-occupied residential property located outside of the municipality.

S. 86 – Provides a preference for homeless veterans at all shelters funded in whole or part by public funds.

S. 88 – Provides a 25 percent set-aside for county entities subject to the state procurement code that contract for goods or services outside of the procurement code with a vendor that is a S.C. resident.

S. 89 – Provides a preference for a vendor under the state procurement code, if the vendor and its employees are S.C. residents.

S. 91 – Removes the authority of counties to use eminent domain for slum clearance and redevelopment and puts other restrictions on condemnation.

S. 92 – Provides for county representation on a redevelopment authority for the disposal of federal property as a result of federal surplus or closure or realignment of a military base or defense facility.

S. 95 – Prohibits the development or disturbance of land on which an historic African American cemetery is located.

S. 96 – Requires law enforcement officers to collect and maintain certain data relating to vehicle traffic enforcement.

S. 100 – Creates the transportation maintenance fund.

S. 101 – Provides that the excise tax revenues from the sale, use, or titling of a vehicle must go to the state highway fund and an equal amount of nonstate tax source state highway fund revenues go to the infrastructure bank.

S. 103 – Authorizes the state to add county roads when necessary for the interconnectivity of the state highway system, and provides for the removal of secondary roads from the state system when a county agrees to accept them.

S. 106 – Provides for no excuse absentee voting.

S. 118 – Provides that a warrant issued in another county does not have to be endorsed by a magistrate in the county where the person charged with a crime resides or is located.

S. 123 – Requires a person to present a valid photo ID issued by the state or federal government when voting or present an affidavit indicating their religious objection to being photographed.

S. 124 – Provides that the State Election Commission shall conduct presidential preference primaries and that political parties can conduct their own primaries if they agree on a single date.

S. 127 – Provides for nonpartisan elections for clerks of court and probate judges.

S. 128 – Creates the Department of Administration under the executive branch of state government.

S. 131 – Enacts the Electronic Waste Management Act.

S. 135 – Enacts the South Carolina Rural Infrastructure Bank Act.

S. 137 – Authorizes the Supreme Court to provide nominees to the Governor to fill magistrate vacancies.

S. 142 – Provides for no excuse absentee ballot voting.

S. 143 – Enacts the South Carolina School Facilities Infrastructure Act.

S. 144 – Amends the Constitution to remove the provision that an unmarried woman under the age of 14 may not legally consent to sexual intercourse.

S. 146 – Enacts the Family Court Financial Privacy Act.

S. 149 – Provides clarification for the application of the sales tax exemption on unprepared foods.

S. 152 – Enacts the Wetlands Restoration Act.

S. 171 – Creates the Local Economic Stimulus Grants Program.

S. 175 – Repeals the Maintenance of Effort under the Education Improvement Act.

S. 176 – Authorizes a transfer of the Homestead Exemption to a continuing care retirement community and allows the community to qualify for the four percent assessment under certain conditions.

S. 181 – Allows errors in the index of taxpaying ability to be corrected between Feb. 1 and May 1.

S. 182 – Creates a permanent Tax Research Commission.

S. 183 – Authorizes counties to regulate the discharge of fireworks by ordinance.

S. 186 – Limits the award of attorney’s fees against the counties to a reasonable time expended at a reasonable rate.

S. 191 – Authorizes warrantless searches and seizures.

S. 193 – Provides for the 4 percent property tax assessment for owner-occupied property as long as the property is not rented for more than 90 days a year.

S. 194 – Provides for the 4 percent property tax assessment for owner-occupied property as long as the property is not rented for more than 90 days a year.

S. 200 – Increases the jurisdiction limit in magistrates court from $7,500 to $10,000.

S. 204 – Creates the Candidate Voluntary Drug Testing Program.

S. 206 – Creates middle courts in each judicial circuit.

S. 207 – Deletes all references to party clubs or club district in the election laws.

S. 208 – Creates the Department of Administration as a part of the Executive Branch of State Government.

S. 209 – Amends the Sine Die date for the General Assembly to March 31.

S. 213 – Creates a permanent study committee to sustain and develop military installations and defense-related businesses.

S. 217 – Establishes regional county correctional facilities.

S. 219 – Creates the State Budget Surplus Tax Relief Fund.

S. 221 – Enacts the Truth in Spending Act, requiring all state and county agencies to post online a monthly detailed report of all expenditures—including an annual posting of the average salary of county positions by class.

S. 223 – Authorizes county entities that take custody of an animal as a result of a civil or criminal violation of the owner to petition the court for reasonable expenses to be incurred for the care of the animal.

S. 228 – Provides that the millage rate in effect at the end of December of the fourth year must be used when calculating whether property valuation has resulted in a change in value of $1,000 or more.

S. 229 – Provides that the comptroller general for each county entity must post monthly a report of all expenditures including credit card statements, and an annual posting of the average salary of county positions by class.

S. 230 – Allows a single-member LLC owning residential property to qualify for the 4 percent assessment ratio.

S. 231 – Enacts the Boards and Commissions Election Reform Act.

S. 234 – Requires Dorchester County School District 2 to provide a report about the fiscal impact development has upon the schools.

S. 235 – Creates an impact fee on new development within the school district in Dorchester County to be used for new school buildings.

S. 238 – Provides that taxes raised from the sale, use or titling of a vehicle go to the state highway fund and an equal amount of nonstate tax source state highway fund revenues be transferred to the SC Transportation Infrastructure Bank.

S. 239 – Enacts the Appropriations Bill Earmark Disclosure Act.

S. 240 – Adds schools to the definition of public facilities for purposes of impact fees.

S. 242 – Closes new participation in the TERI program from July 1, 2009 forward and that the remaining provisions of the law can only be amended or repealed by a two-thirds vote in each chamber.

S. 246 – Provides that when a municipality annexes property in a county, the county density requirement must remain in effect for five years.

S. 247 – Provides that when a municipality annexes property in a county, the county’s requirement for concurrence under its land or zoning policy must remain in effect for five years unless approved otherwise.

S. 249 – Provides that a county and the local planning commission in an area of high growth must provide the local school district land development applications.

S. 250 – Creates the DUI Intervention Team, and allows the team to receive all fines assessed for certain offenses.

S. 252 – Provides for no excuse early voting and establishes voting centers.

S. 268 – Creates a special inspector for building codes enforcement purposes.

S. 270 – Authorizes a law enforcement officer operating their vehicle outside of their jurisdiction to issue a ticket to the operator of a vehicle in that jurisdiction, if it is operating in a dangerous manner.

S. 271 – Provides that anyone testifying before a committee in either chamber of the General Assembly must be placed under oath and that false testimony be treated as perjury.

S. 275 – Enacts the South Carolina Water Withdrawal, Permitting, Use and Reporting Act.

South Carolina Association of Counties

In This Section

Friday Reports — January 2009