ISSUES:The House Republican Caucus' 2005 Achievements
Bills Passed by Both Chambers
1. THE INCOME TAX REDUCTION ACT (H. 3007)
Status: Signed by Governor 4/14/05
This bill was drastically changed from the House version that provided a broad income tax cut to all citizens. In the end, the income tax reduction was directed at small businesses, which provide the bulk of the stateâs job creation.
2. ECONMIC DEVELOPMENT PROTECTION ACT (a.k.a. "Tort Reform") (H. 3008)
Status: Signed by Governor 3/21/05
The South Carolina House Republicans ushered through historic reforms designed to curtail frivolous lawsuits and outlandish jury verdicts. The bill prohibits jury shopping, strengthens action against frivolous lawsuits, limits âJoint and Several Liability," and changes the "Statute of Repose."
"I'm happy all parties could agree on a bill that reforms the system but still protects the rights of citizens," said Jim Harrison, Chairman of the House Judiciary Committee and one of the bill's chief sponsors.
3. MEDICAL MALPRACTICE ACT (H. 3013/S.83)
Status: Signed by Governor 4/4/05
The law limits the liability on non-economic damages to $350,000, requires pre-trial mediation before a complaint is filed in a medical malpractice action, provides that physicians rendering care in life and death emergency cases are liable only if they are grossly negligent, and obstetricians who provide care in life and death emergency cases to patients who have had no prenatal treatment are liable only if grossly negligent.
"This medical malpractice bill goes a long way in better protecting our doctors from heavy-handed judgments and frivolous complaints while still protecting the right of those truly injured to obtain relief," House Judiciary Chairman Jim Harrison said when the bill passed.
4. SAME SEX MARRIAGE (H. 3133)
Status: Ratified 4/28/2005
This is a constitutional amendment stating that in South Carolina, marriage will be defined as a union between a man and a woman.
5. SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT (H. 3152)
Status: Signed by Governor 5/9/2005
This bill provides tax incentives to the motion picture and television industries for filming on location in South Carolina.
6. EDUCATION AND ECONOMIC DEVELOPMENT ACT (H. 3155)
Status: Signed by Governor 5/27/2005
This bill creates a "career cluster" system in the stateâs schools to prepare students academically and give them real-world problem solving and working skills.
7. PHYSICAL EDUCATION & NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS (H. 3499)
Status: Signed by Governor 6/01/2005
The bill requires students to be offered physical education for 30 minutes a day and requires schools only offer drinks that are 100 percent fruit juice or water. The bill was sponsored by Ways and Means Chairman Bobby Harrell, R-Charleston, but received broad bipartisan support, including from the Department of Education.
"Physical education was once a part of a well-balanced education," Rep. Harrell said at the time. "Over the years, physical activity for our children has been dramatically reduced and all manner of unhealthy foods have been introduced for them to eat and drink. Our children need to learn to eat healthy and exercise regularly."
In addition to the increased activity and nutrition requirements, the bill also requires once-a-week nutrition education for children, reduces P.E. teacher-to-student ratios, and provides state funding for school nurses in each school. The bill will be phased in over a three-year period, beginning this fall. The state will pay for the new teachers required under the bill.
8. MARY LYNN'S LAW (H. 3543)
Status: Ratified 5/26/05
The law, named for Mary Lynn Witherspoon, creates the charges of stalking and aggravated stalking as well as strengthening victim notification. Ms. Witherspoon was not notified when her attacker was released from a mental health court, and an erroneous written notification did not arrive until after she was killed.
"Though we canât go back to make amends for that horrible crime, this will recognize the breakdowns in the system and make it stronger for everyone else," Smith said when the bill passed.
9. ENVIRONMENTAL GRAND JURY BILL (H. 3189 & S. 22)
Status: Signed by Governor 5/24/05
This bill gives the state grand jury the power to investigate environmental crimes. Previously, environmental crimes were investigated by the Department of Health and Environmental Control, which has only limited power. The stateâs grand jury has much broader powers, namely the power to subpoena information and testimony.
10. BOILER SAFETY ACT (S. 581)
Status: Became Law Without Governor Signature 5/18/2005
Under the terms of the bill, boilers would have to be certified by inspectors and registered with the state. Action on this bill was spurred following a boiler explosion in Columbia last month that killed 47-year-old Tommy Jarvis. Previously, South Carolina is the only state in the nation without boiler safety inspection laws.
11. THE BUDGET (H. 3716 & 3717)
The State Budget approved by the House fully funds education and Medicaid while replenishing the stateâs trust funds and putting more law enforcement officers on the streets.
12. MINIBOTTLES
Status: Signed by Governor 6/07/2005
The House approved legislation removing the requirement that bars and restaurants use minibottles to serve liquor â which was approved overwhelmingly by voters last November.
13. GAMBLING CRUISE PROHIBITION ACT (H. 3694)
Status: Signed by Governor 6/01/2005
The bill gives local communities along the coast the power to ban gambling cruises from leaving from their cities or counties. These cruises leave from a few South Carolina ports and are targeting others for expansion. They sail past the boundary of state waters three miles out and into international waters, where there are no prohibitions on gambling. These "cruises to nowhere" are essentially gambling operations in South Carolina and many local communities along the coast want to prohibit the boats from docking in their cities. The House gave them that power in the spirit of Home Rule.
This will not affect traditional cruise lines, which are governed by national and international laws.
14. CRIMINAL DOMESTIC VIOLENCE BILL (H. 3984)
Status: Signed by Governor 6/07/05
The bill increases punishments for those convicted for criminal domestic violence on the first and second offenses. It also makes the third offense a new felony offense punishable by up to five years in prison. A first offender, male or female, will face up to a $2,500 fine and 30 days in jail, a second offense carries up to a $5,000 fine and up to one year in prison, and if someone commits battery in front of a minor child, it will carry a felony charge with a 10-year prison sentence.
15. PORT TAX CREDIT ACT (H. 3885)
Status: Signed by Governor 6/03/2005
This bill provides tax credits for companies that expand their usage of South Carolina's ports. The bill was amended to strengthen security at the port by requiring a criminal background check on new hires, all existing employees, and anyone seeking port credentials.
16. MUNICIPAL INCORPORATION ACT (S. 318)
Status: Signed by Governor 5/25/2005
The House overwhelmingly approved the municipal incorporation bill, which will remove some restrictions that prevent areas from incorporation. Immediately, this will help James Island incorporate.
17. 2005 JOBC CREATION ACT (H. 3006)
Status: Signed by Governor 6/10/2005
This bill allows companies which create at least two jobs a year to receive an existing state jobs tax credit, encourages investment in high-tech start-ups, offers a tax credit for investing in new companies, and requires a review of the incentives measures every two years by the General Assembly to evaluate if they are working.
"We wanted a vehicle that would inspire entrepreneurs and start-up companies to build a business here in South Carolina and reward those who invest in them. This bill achieves those goals," said House Speaker David Wilkins when the bill passed.
18. CHARTER SCHOOL ACT (H. 3010)
Status: Reported favorably from Senate Education Committee 5/19/05
The intent of this bill is to help free new charter schools from the public school district approval process. It creates a new state charter school board. Existing charter schools do not have to become part of the state charter school district if they choose not to. The bill also strengthens requirements that charter schools report accurate testing data to state authorities so parents have a better idea of how the school is performing.
"This legislation removes the roadblocks to the creation of charter schools which offer innovative ways to educate children," said Speaker Pro Tem Doug Smith, R-Spartanburg, at the time. "It's high time that the original intent of the General Assembly encouraging charter school development is honored."
19. SOUTH CAROLINA RESEARCH AUTHORITY (H. 3794)
Status: Signed by Governor 6/7
This bill will leverage the state's academic resources to increase research and drive economic development.
Bills Passed by the House ONLY
1. CONSTITUTIONAL OFFICERS RESTRUCTURING(H. 3011)
Status: In Senate Judiciary
This bill gives voters the chance to decide whether the governor should appoint the superintendent of education and the secretary of state. Speaker Wilkins said passage of the bill was not a personal attack on current Secretary of State Mark Hammond, a Republican, or Superintendent of Education Inez Tenenbaum, a Democrat, but said allowing the governor to appoint the positions will bring further consolidation to state government.
2. SHORTER SESSION BILLS (H. 3378 & 3380)
Status: In Senate Judiciary
Two bills to shorten the legislative session were overwhelmingly approved by the House of Representatives. The first is a constitutional change that eliminates the mandate that the General Assembly meet in full session the first three weeks in the first year of a legislative session. The second, statutory, bill reduces the time at the end of the legislative year. Instead of concluding the session on the first Thursday in June, this bill requires adjournment by the second Thursday in May.
"The House has a work ethic second to none and the vast majority of us understand that we can work even more efficiently in less amount of time," Speaker David Wilkins said in March. "This not only saves taxpayer dollars, it encourages more people to get involved in the legislative process by reducing the amount of time they're away from their families and businesses."
3. HIGHWAY/ROAD NAME LEGISLATION (H. 3320)
Status: In Senate Transportation
This bill would restrict the naming of roads, bridges and intersections for people who are still alive at the time.
4. RIGHT TO LIFE ACT (H. 3213)
Status: In Senate Judiciary
This bill determines that the rights of due process and equal protection begin at fertilization.
5. PROPERTY TAX RELIEF (H. 3264)
Status: In Senate Finance
6. FELONY COCKFIGHTING AND FORFEITURE PROVISIONS (H. 3344)
Status: In Senate Judiciary
This bill strengthens penalties for cockfighting and provides for forfeiture of money involved in illegal animal fighting and baiting. Those who are caught and convicted under the bill will face dramatically increased penalties than the current misdemeanor that carries a $100 fine, which many cockfighting operators have decided is just a cost of doing business. Under the terms of the bill, a first offense will now carry a $1,000 fine and up to a year in prison. A person convicted twice will pay a $3,000 fine and face up to three years in prison. The third offense will be a felony, with a $5,000 fine and a five-year prison term.
7. TEN COMMANDMENTS BILL
Status: In Senate Judiciary Committee
The House also approved a bill that would allow the Ten Commandments to be placed on state property, so long as they are posted alongside other historical documents. That bill passed 97-2. The bill was written to comply with existing U.S. Supreme Court rulings so there is no gray area for any state agency, college, etc., that might want to post the Ten Commandments.
8. NON-PROFIT RAFFLE BILL
Status: In Senate Judiciary Committe
The House approved a bill that exempts groups such as PTAs, Boy Scout troops, churches, etc., which use raffles to raise money. Under current law, raffles are illegal under the state constitution's prohibition on lotteries. This bill allows a charitable, religious, community service, fraternal or education-related group to hold no more than four such raffles each year. If approved by the Senate, the question will go before the voters in November 2006.
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