From the Dome to Your Home: February 25, 2011
The House of Representatives and Senate had a busy week in Columbia. The House Ways and Means committee adopted its version of the state budget on Wednesday night, while the Senate stayed late to debate the voter identification bill.
Real estate agents were in Columbia on Tuesday for their annual State House lobby day. Their focus was supporting the new point of sale bill H3713, sponsored by Representative Jim Merrill (R- Charleston) and Roland Smith (R- Aiken). This bill would eliminate the point of sale provision in Act 388 which would further complicate an already unfair and inequitable taxing structure.
Highlights of the Week
House Ways and Means committee passes budget with Local Government Fund cut included
The House Ways and Means committee gave approval to the state’s spending plan on Wednesday night. Included in the committee version of the budget is a 10 percent cut to the current distribution of the Local Government Fund. This equals an $8.9 million loss to cities and towns for FY 2011-2012. To make this cut, the House of Representatives gave second reading on Thursday to H3516, the bill that allows the General Assembly to reduce the Local Government Fund for one year beyond the amount allowed by law. The full House of Representatives plans to debate the budget during the week of March 14. Contact Melissa Carter (mcarter@masc.sc) at 803.933.1251 if you have questions about the bill or the budget process.
Beer and wine permit bills moving in the House and Senate
H3178, a bill that permanently fixes the unintended consequence of last session’s alcohol permit legislation disqualifying cities and towns from applying for temporary permits, was given second reading by the House of Representatives and ordered for an automatic third reading. Also, S231, the Senate version of the bill that solves the same problem as the House bill, was given second reading by the Senate. H3278, the temporary fix to last year’s legislation, will remain in effect until June 30, 2011. Contact Warren Harley (wharley@masc.sc) at 803.933.1270 if you have questions about this bill.
Weekly Bill Introductions
Committee Action This Week
The Association’s legislative team covered these bills in committee or subcommittee and provided testimony where needed. Click on the bill's link for a full chronology of amendments and committee progress.
House Agriculture, Natural Resources & Environmental Affairs Agriculture subcommittee
H3640 – Trained police dogs exempt from liability – adjourned debate
Summary of the bill as introduced: Exempts from liability certain trained police dogs when those dogs attack a person during a law enforcement action.
H3633 – SC Agribusiness Economic Development Authority Act of 2011 – adjourned debate
Summary of the bill as introduced: Creates this authority within the Department of Agriculture to help alleviate the shortage of capital and credit available for investment in agribusiness.
Senate Judiciary committee
H3375 – SC Fairness in Civil Justice Act of 2011 - favorable report as amended
Summary of the bill as introduced: Outlines limits on the award of punitive damages. This bill also enacts the Private Attorney Retention Sunshine Act to govern the retention of private attorney (s) by the Attorney General or a solicitor.
S23 – SC Fairness in Civil Justice Act of 2011 - committee met but did not take action on this bill.
Summary of the bill as introduced: Places limits on punitive damages awards in all personal injury actions. This bill also enacts the Private Attorney Retention Sunshine Act to govern the retention of private attorney(s) by the Attorney General or a solicitor.
S225 – Prevents texting while driving - committee met but did not take action on this bill.
Summary of the bill as introduced: Prevents vehicle driver from using a wireless electronic communication device to compose, send, or read a text-based communication.
Senate Finance Property Taxation subcommittee
S418 – Proviso Codification Act of 2011 – favorable report
Summary of the bill as introduced: Provides for the codification in the SC Code of Laws of certain provisos contained in the annual general appropriations act.
S419 – Creates the Other Funds Oversight Committee – favorable report
Summary of the bill as introduced: Creates the Other Funds Oversight Committee to review and examine the source of other funds in this state and to make recommendations to the General Assembly
S13 – Prevents a state employee from approving an expenditure without appropriated funds – carried over
Summary of the bill as introduced: Prohibits a state officer or employee from authorizing an expenditure or obligation or involve the state in a contract or obligation without appropriated funds to pay for the expenditure.
S27 – Includes permanently disabled firefighters in the property tax exemption of two vehicles – favorable report
Summary of the bill as introduced: Provides a property tax exemption of two private passenger vehicles owned or leased by a totally and permanently disabled firefighter.
S424 – Requires social security numbers for taxpayer to qualify for four percent property tax assessment – carried over
Summary of the bill as introduced: Requires an applicant for the four percent assessment ratio allowed on owner-occupied homes to provide the social security number of the owners and members of their household.
S428 – Revises the calculation of rollback millage – favorable report
Summary of the bill as introduced: Revises the method of calculating rollback millage. This bill also provides for the imposition of an equivalent millage for municipal property tax when municipal boundaries extend into multiple counties on different reassessment schedules.
S427 – Allows a county forfeited land commission to refuse title to a property – favorable report
Summary of the bill as introduced: Allows a county forfeited land commission to refuse to accept title to property when refusal is in the public interest.
S447 – Reasonable time to sell and receive discounted rates on platted lots – favorable report with an amendment. The amendment sunsets the three year extension of the discount.
Summary of the bill as introduced: Allows an assessor to determine a reasonable time to sell platted lots is nine years and if the application for the discounted rate comes after May 1 but before June 1 the owner shall receive the discounted rate. The bill also extends multiple lot discounts from five years to seven years.
House Medical, Military and Municipal Affairs Local Government and Corrections Affairs subcommittee
H3038 – Allows tattoo facilities to sell merchandise related to tattooing – favorable report
Summary of the bill as introduced: Allows tattoo facilities to sell merchandise with images and language promoting the art and culture of tattooing.
House Judiciary Special Laws subcommittee
H3438 – Excludes contents of cars, trailer, mobile homes or boats from liens - favorable report with an amendment.Summary of the bill as introduced: Excludes from repair and storage liens the contents of a towed, stored or repaired motor vehicle, trailer, mobile home, or watercraft.
H3658 – SC Employer Free Speech Act – favorable report
Summary of the bill as introduced: Removes the requirement of an employer to post notices informing employees of their rights under the National Labor Relations Act.
H3177 – Allows a county to post notices on its website - subcommittee met but did not take action on this bill. The Association has requested that cities and towns also be allowed to post notices on websites.
Summary of the bill as introduced: Authorizes a county to post all notices required by law to the county's website instead of printing it in the newspaper.
Senate Fish, Game and Forestry subcommittee
S448 – Enacts Chandler's Law – favorable report with an amendment
Summary of the bill as introduced: Develops regulations for the operation of all-terrain vehicles including minimum age requirements for the operation of all terrain vehicles, safety course completion requirements, safety equipment requirements and passenger riding requirements.
House Agriculture, Natural Resources and Environmental Affairs Environmental Affairs I subcommittee
H3587 – Exempts maintenance dredging by counties and municipalities for certain canals – favorable report with an amendment.
Summary of the bill as introduced: Adds an exemption for maintenance dredging by counties or municipalities of certain canals if the dredging is authorized by the US Army Corps of Engineers.
H3586 – Deletes certain exemptions under the pier construction law – favorable report
Summary of the bill as introduced: Deletes from the exemptions of construction seaward of the baseline certain piers and associated structures, both public and private, existing on September 21, 1989. This bill keeps language that allows local governing bodies to approve public fishing piers under planning and zoning ordinances
House Judiciary General Laws subcommittee
H3292 – Revises the law regarding possession of a handgun - favorable report with a strike and insert amendment. The amendment language will be posted as soon as it is available.
Summary of the bill as introduced: Provides a list of locations where certain persons are prohibited from carrying a handgun.
House Judiciary Constitutional Laws subcommittee
H3291 – Creates the SC Department of Law Enforcement and Public Safety – adjourned debate
Summary of the bill as introduced: Create the new SC Department of Law Enforcement and Public Safety.
Senate Judiciary subcommittee
S14 – Prevents the General Assembly from increasing fines or penalties in the budget bill – carried over
Summary of the bill as introduced: Prevents the General Assembly from increasing or implementing a fine or penalty in the budget bill. It requires a separate act.
S372 – State Agency Deficit Prevention and Recognition Act – subcommittee met but did not take action on the bill.
Summary of the bill as introduced: Prohibits a state agency, department or institution from operating in a manner that results in a year-end deficit unless the deficit is recognized by the General Assembly.
Senate Judiciary subcommittee
S234 – Interest in real property transferred upon death – carried over
Summary of the bill as introduced: Allows interest in real property to be transferred upon death by a beneficiary deed designating a grantee-beneficiary.
March Hometown Connection Date Change
The Hometown Connection originally scheduled for March 22 has been rescheduled for 10:30 am on March 29 because of a furlough week taken by the House of Representatives. The meeting will take place in the Association’s training room at 1411 Gervais Street. Staff will go over the legislative agenda, the schedule for the day and how to meet legislators in the lobby. Cities and towns in Abbeville, Anderson, Cherokee, Chester, Edgefield, Fairfield, Greenville, Greenwood, Lancaster, Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Richland, Saluda, Spartanburg, Union and York counties are invited to attend. Even if your county is not on the list, please join us for this important legislative meeting. Register online for this Hometown Connection. If you have any problems with registration, call Michelle Willm at 803.933.1259 or mwillm@masc.sc.
Association Legislative Staff is on Twitter
Get the latest news from the State House each day by following the Municipal Association on Twitter - @MuniAssnSC. Staff will post updates on committee meetings and floor action throughout the day using the Association’s Twitter feed. If you are not on Twitter, you can still look at the postings by linking to http://twitter.com/MuniAssnSC.
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