The House of Representatives and Senate continue to debate legislation important to cities and towns. The House of Representatives debated government restructuring this week, while the Senate tackled immigration reform.
Highlights of the Week
Point of sale debate heating up again
On Tuesday afternoon H3713, the point of sale bill introduced by Representative Jim Merrill (R- Charleston), was scheduled to be debated by the House Ways and Means Property Tax subcommittee Wednesday afternoon but was canceled because of extended debate in the House over government restructuring. The subcommittee has rescheduled the meeting on this bill for Tuesday, March 8, in room 501 of the Blatt Building one and a half hours after the House adjourns. It is likely that this bill will be debated by the full House Ways and Means committee on Wednesday.
All members of the Property Tax subcommittee were contacted by their cities and towns before the scheduled meeting on Wednesday and were urged to vote no on H3713. Local leaders with members on the Property Tax subcommittee will continue to contact those members over the weekend.
Senator Paul Campbell (R – Goose Creek) introduced a Senate version of the point of sale bill on Thursday. S647 was referred to the Senate Finance committee. Contact Melissa Carter (mcarter@masc.sc) at 803.933.1251 if you have questions about this bill.
Senate continues to debate immigration reform
Senators debated S20, the bill that requires law enforcement to check immigration status of arrested, detained or stopped individuals. Debate was interrupted by adjournment on Thursday afternoon. Senators expect to resume debate next week. Several amendments were proposed to help local governments with enforcing this law but they were not adopted. Now is the time to let your senators know your concerns about the potential liability of lawsuits and the increased costs to local governments. Contact Warren Harley (wharley@masc.sc) at 803.933.1270 if you have questions about this bill.
S461 carried over by a Senate Judiciary subcommittee
S461, a bill to create and fund a model recycling program for restaurants and bars, was carried over by a Senate Judiciary subcommittee on Wednesday. This bill requires the holder of alcohol permits for on-premises consumption to recycle cans and bottles in accordance with SC DHEC’s model recycling program. This program is to use local accommodations taxes to provide funding for administering and implementing the program. Subcommittee members Senators Paul Campbell (chairman), Ray Cleary, Kent Williams and Floyd Nicholson all received contact from their cities and towns before the meeting to urge them to leave state accommodations taxes alone in the funding of this program. Warren Harley also testified against the bill in subcommittee. Contact Warren Harley (wharley@masc.sc) at 803.933.1270 if you have questions about this bill.
House of Representatives to debate the budget the week of March 14
The House of Representatives plans to debate the budget during the week of March 14. The House Ways and Means committee approved its version of the state’s spending plan last week. Included in the committee version of the budget is a 10 percent cut to the current year 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 approved H3516, the bill that allows the General Assembly to reduce the Local Government Fund for one year beyond the amount allowed by law. Contact Melissa Carter (mcarter@masc.sc) at 803.933.1251 if you have questions about the bill or the budget process.
S336 passes the SenateS336, the bill that requires a copy of the traffic citation be handed directly to the offender by the law enforcement officer issuing the ticket, was given second reading by the Senate on Thursday. 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 and Environmental Affairs committee
H3587 – Exempts maintenance dredging by counties and municipalities for certain canals – favorable report with an amendment. As soon as the amendment is available, it will be posted in the tracking system.
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 with an amendment. As soon as the amendment is available, it will be posted in the tracking system.
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
H3562 – Enacts Chandler's Law - favorable report with an amendment. As soon as the amendment is available, it will be posted in the tracking system.
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 Medical, Military and Municipal Affairs committee
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 committee
H3292 – Revises the law regarding possession of a handgun – adjourned debate
Summary of the bill as introduced: Provides a list of locations where certain persons are prohibited from carrying a handgun.
H3438 – Excludes contents of cars, trailer, mobile homes or boats from liens – favorable report
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.
Senate Judiciary committee
S225 – Prevents texting while driving – favorable report with an amendment. As soon as the amendment is available, it will be posted in the tracking system.
Summary of the bill as introduced: Prevents vehicle drivers from using a wireless electronic communication device to compose, send or read a text-based communication.
H3178 - Allows municipalities to again apply for temporary alcohol licenses - favorable report with an amendment that the Association supports. The amendment strikes all of the House language and inserts the language from S231.
Summary of the bill as introduced: Removes specific references to nonprofit organizations in the law that allows special permits for the sale of beer and wine. Allows municipalities to apply for temporary alcohol licenses
Senate Finance Sales and Income Taxation subcommittee
S435 – Requires local governments to file periodic expenditure reports – carried over
Summary of the bill as introduced: Requires local governmental entities, agencies, organizations or individuals that receive, collect or spend public funds derived from state or local tax revenue to file periodic expenditure reports with the state or local governmental entity or agency that provided, collected or spent the public funds.
S523 – Includes certain fire and public safety districts in the special purpose district definition - favorable report with an amendment. As soon as the amendment is available, it will be posted in the tracking system.
Summary of the bill as introduced: Includes certain fire and public safety districts in the definition of special purpose districts.
House Judiciary Criminal Laws subcommittee
H3660 – Increases penalties for stealing nonferrous metals – carried over
Summary of the bill as introduced: Revises penalties for stealing nonferrous metals and copper and revises restrictions for purchasing copper.
H3130 – Creates the offense of sexting - subcommittee met but did not take action on this bill.
Summary of the bill as introduced: Creates the offense of sexting and provides for the use of the uniform traffic ticket for the offense and for jurisdiction over the offense in the municipal or magistrates court
H3758 – Prohibits purchase of certain metals by a secondary metals recycler - subcommittee met but did not take action on this bill.
Summary of the bill as introduced: Prohibits the purchase of certain metals by a secondary metals recycler. This bill also amends the definition of nonferrous metals and preempts local ordinances concerning the purchase of metals.
Senate Agriculture subcommittee
S497 – Dredging in certain canals by counties and municipalities – carried over
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
S520 - Allows construction of fishing piers open to the public - favorable report with an amendment. As soon as the amendment is available, it will be posted in the tracking system.
Summary of the bill as introduced: Allows construction of fishing piers and their related structures if they are open to the public and approved by the local zoning and planning authority
Senate Banking and Insurance subcommittee
S5 – Healthcare Freedom Act – favorable report
Summary of the bill as introduced: Gives citizens of SC the right to purchase health insurance or refuse to purchase health insurance. The bill also prevents the government from enacting a law that would interfere, restrict or punish a citizen for exercising this right.
House Education and Public Works Motor Vehicles subcommittee
H3119 – Prohibits text messaging while driving a car or school bus – adjourned debate
Summary of the bill as introduced: Prohibits individuals from using a text messaging device or a hand-held mobile telephone while driving a vehicle or school bus
House Ways and Means Economic Development, Capital Improvements and Other Taxes subcommittee
H3233 – Includes environmental remediation costs in property assembly costs – favorable report
Summary of the bill as introduced: Includes the cost of environmental remediation in property assembly costs related to redevelopment projects.
H3506 – Includes site preparation costs in the jobs tax credit – favorable report
Summary of the bill as introduced: Includes certain site preparation costs with the definition of infrastructure improvements that give rise to the jobs tax credit.
H3720 – Revises the requirements of a qualifying service-related facility - favorable report with an amendment. The amendment changes the number of jobs from 20 to 40.
Summary of the bill as introduced: Revises the requirements of a qualifying service-related facility and a technology intensive facility
H3191 – Outlines the power of the Jobs-Economic Development Authority – carried over
Summary of the bill as introduced: Outlines the power of the authority to use program funds to purchase insurance, the benefits of which must be used to fund either directly or indirectly projects or activities that create jobs or provide other public benefit.
House Ways and Means Sales and Income Tax subcommittee
H3346 – State tax credit for installation of solar energy equipment – favorable report
Summary of the bill as introduced: Allows a state tax credit of 35 percent for the installation of solar energy equipment.
H3171 – Allows local hospitality revenues for transportation needs – adjourned debate
Summary of the bill as introduced: Allows the governing body of a county to use not more than half of revenues from the local hospitality tax for county transportation needs.
H3174 – Allows local hospitality tax revenue to be used for transportation – adjourned debate
Summary of the bill as introduced: Allows the governing body of a municipality and a county by ordinance to use no more than half of revenues from the local hospitality tax for transportation needs.
H3082 – Allows local hospitality tax revenues to be used for transportation – adjourned debate
Summary of the bill as introduced: Allows the governing body of a county or municipality by ordinance to use not more than one half of revenues from the local hospitality tax for transportation needs.
Senate Labor, Commerce and Industry subcommittee
S478 – Rate of contributions to the Unemployment Trust Fund – carried over
Summary of the bill as introduced: Modifies the method of computation for the rate of contributions to the unemployment trust fund.
Senate Judiciary subcommittee
S14 – Prevents the General Assembly from increasing fines or penalties in the budget bill - subcommittee met but did not take action on the bill.
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 Agriculture subcommittee
S200 – Provisions for Cost of Animal Care Act of 2011 - favorable report with an amendment. As soon as the amendment is available, it will be posted in the tracking system.
Summary of the bill as introduced: Allows the custodian of an animal taken into custody due to the civil or criminal violations by its owners to petition the court for expenses related to providing care for that animal.
Senate Judiciary subcommittee
S10 – Creates the Commission on Streamlining Government and Reduction of Waste - subcommittee met but did not take action on this bill
Summary of the bill as introduced: Creates the Commission on Streamlining Government and Reduction of Waste and provides for its procedures to submit recommendations.
House Education and Public Works Transportation and Roadways subcommittee
H3431 – Enacts John's Law - favorable report with an amendment. As soon as the amendment is available, it will be posted in the tracking system.
Summary of the bill as introduced: Requires the Department of Transportation to publish its list of railroad crossings at which it plans to install crossing arms and other safety devices.
H3259 – Golf cart operation outside a gated community – favorable report
Summary of the bill as introduced: Requires the two-mile limit within which a golf cart owner may operate his golf cart to be measured from the community's primary entrance when the owner lives in a gated community.
H3121 – Allows operation of golf carts along certain highways and streets - favorable report with an amendment. As soon as the amendment is available, it will be posted in the tracking system.
Summary of the bill as introduced: Allows an agent or employee of an owner of a golf cart who possesses a valid driver's license to operate the vehicle along certain highways and streets.
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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