ISSUES:The House Republican Caucus' 2006 Legislative Achievements
Summary of Major Issues Approved During the 2006 Legislative Session
PART I: REPUBLICAN CAUCUS AGENDA ITEMS
1. H. 4449 & H. 4450: PROPERTY TAX REFORM
STATUS: Signed by Governor (6/10)
This bill, as approved by the House-Senate Conference Committee, totally eliminates school operating taxes off of owner-occupied homes (about ½ of the typical property tax bill) and reduces the sales tax on groceries by 40%. It substitutes a one-penny sales tax and surplus funds from our growing economy; we have been able to eliminate a good portion of property taxes off homes.
The reform plan also caps the amount a county may reassess property to an increase of 15 percent over a 5-year period. In addition, surplus money will be used to add two sales tax holidays on the two days following Thanksgiving (without the restrictions of the August holiday).
The state takes over funding schools and to address equity, each county is given a $2.5 million floor of reimbursement, and to ensure school funding during an economic downturn, we have set up a reserve account of $50 million.
2. H. 3010: CHARTER SCHOOLS
STATUS: Signed by Governor (5/3)
Establishes a Statewide Charter School District. The legislation revises oversight for South Carolina's charter schools, which are freed from certain statewide regulations to provide specialized or innovative educational approaches. Under current law, charter schools are sponsored by local school districts. This legislation allows the option of statewide, rather than local, sponsorship by creating the South Carolina Public Charter School District, which is authorized to sponsor and oversee a charter school.
3. SPENDING LIMIT (part of H. 4449)
STATUS: Approved by the House. Died in the Senate.
The House included in its property tax reform bill provisions imposing spending limits on state appropriations and on local governing bodies. Those provisions were not approved by the Senate and were blocked by the Senate conferees.
4. S. 1031 & H. 4503 EMINENT DOMAIN
STATUS: Passed Ballot Question to Amend Constitution, House did not adopt Conference Committee report
The legislation proposes to amend the South Carolina Constitution so as to expressly prohibit a public body from exercising its powers of eminent domain to condemn a private property and thereafter transfer it to another private party unless the owner of the property consents. A proposed constitutional amendment also eliminates certain provisions regarding blight from the Constitution. If approved by the General Assembly, the proposed constitutional amendment would be put before voters at the next general election.
The legislation places new requirements on a public body's acquisition of private property through the exercise of eminent domain or condemnation. The legislation provides that the public body has the burden of proving in any proceeding related to a condemnation, by clear and convincing evidence and all statutes relating to or involving eminent domain must be strictly construed against the condemner.
The legislation provided that, with the exception of counties and municipalities, the only public entities that may exercise directly the right of eminent domain are: (1) the South Carolina Department of Transportation; (2) the South Carolina Public Service Authority; and (3) the Department of Commerce. All other public entities must obtain approval from the State Budget and Control Board to exercise the right of eminent domain.
The legislation provides that if real property is not used for the public purpose or use for which it was condemned within ten years, the former owner may repurchase the property for its appraised value or the original condemnation award, whichever is smaller. It also establishes strict and specific criteria for what may be considered blighted property for purposes of condemnation.
The legislation also provides that if a public entity enacts or enforces a land use regulation that restricts the use of private real property and has the effect of reducing the fair market value of the property, the owner of the property must be paid just compensation.
5. WORKERS' COMPENSATION
STATUS: Approved by the House. Died in Senate.
The House of Representatives approved a bill revising the workers' compensation system, which provides disability payments for workers who sustain injuries in the course of their employment. The legislation provides that the burden of proof in a workers' compensation claim is on the employee. Causation must be proven with expert medical evidence stated to a reasonable degree of medical certainty in all claims except those pertaining to an occupational disease or a change of condition. The burden of proving an injury or personal injury is the greater weight or preponderance of the evidence and is upon the employee.
The legislation also contains provisions geared towards combating workers' compensation fraud and revises the state's Second Injury Fund, an insurance program that reduces risks employers may bear for future claims from previously injured workers.
6. ECONOMIC DEVELOPMENT
STATUS: Approved in state budget. See description in Part II.
PART II: THE STATE BUDGET (H. 4810, H. 4811, H. 4812)
STATUS: Vetoed by the Governor (6/13), Overrode Veto (6/14)
The House and the Senate have approved differing versions of the state-spending plan for fiscal year 2006-2007. The House approved its spending plan in the form of H.4810, the General Appropriations Bill; H.4811, a joint resolution appropriating surplus General Fund revenue; and H.4812, a joint resolution appropriating monies from the Capital Reserve Fund.
STATEWIDE ISSUES:
* Fully funds the reserve funds at $174 million
* Adopts a 4.8% General Fund spending limit (see summary below under Spending Limitation); this limit excludes the EFA, Medicaid and appropriations in the supplemental spending bill;
* Provides a 3% pay raise to state employees at a cost of $51.7 million;
* Funds the state employee and retiree health insurance program with $30.5 million, resulting in no increased premiums to subscribers and no changes in benefits to the plan;
K-12 EDUCATION:
* The Education Finance Act (EFA) is fully funded to achieve a Base Student Cost (BSC) of $2,367;
* Initiates a 15-year or 250,000-mile replacement cycle for school buses by appropriating $26 million for bus purchases and $26.8 million for fuel.
* Supplies an additional $5 million for instructional materials;
HEALTH:
* Medicaid growth is fully funded;
* Breast Cancer Screening and Treatment is funded with a $1 million appropriation;
ECONOMIC DEVELOPMENT (HOUSE GOP AGENDA ITEM):
* The Department of Commerce received over $17 million in new funding for a variety of programs intended to bring new industries into the State and to help foster our competitiveness in the global marketplace;
LAW ENFORCEMENT AND CRIMINAL JUSTICE:
* A new class of 100 highway patrol troopers is funded at a cost of $8.9 million. The State Law Enforcement Division (SLED) received $4 million for additional agents and to provide support to the local law enforcement community.
* Law enforcement officers are also funded in the Department of Natural Resources budget at a cost of $1.7 million.
ALTERNATIVE FUELS AND FUEL EFFICIENCY INCENTIVES:
* A $300 sales tax rebate for purchase of vehicles that can operate on fuel that is 85 percent ethanol;
* A $300 sales tax rebate for purchase of hydrogen fuel cell vehicles;
* A 5 a cents per gallon tax incentive for drivers to purchase E85 fuel (85 percent ethanol) at the pump;
* A 5 cents per gallon tax incentive for drivers to purchase B20 fuel (20 percent biodiesel) at the pump;
* A 5 cents per gallon tax incentive for farmers to use B20 fuel in their tractors and other heavy equipment;
* A 20 cents per gallon tax incentive for businesses to produce biodiesel fuel in South Carolina, using soybean oil;
* A 30 cents per gallon tax incentive for businesses to produce biodiesel fuel in South Carolina, using waste cooking oil and oil from farm products other than soybeans.
PART III: BILLS NOW IN LAW
1. H. 3841: "SOUTH CAROLINA RETAIL FACILITIES REVITALIZATION ACT"
STATUS: Signed by Governor (5/23)
This legislation creates tax incentives for the renovation, improvements, and redevelopment of abandoned retail facility sites in South Carolina. Eligible sites include abandoned (for at least one year) shopping centers, malls, or free standing sites whose primary use was as a retail sales facility with at least one tenant or occupant located in a forty thousand square foot or larger building or structure.
2. H. 3060: TRAFFICKING IN PERSONS FOR FORCED LABOR OR SERVICES
STATUS: Signed by Governor (5/2)
The legislation provides that a person who knowingly subjects another person to forced labor or services, or recruits, entices, harbors, transports, provides, or obtains by any means another person knowing that the person will be subjected to forced labor or services, or aids, abets, attempts, or conspires to do any of the above acts is guilty of a felony known as trafficking in persons for forced labor or services and, upon conviction, must be imprisoned for not more than fifteen years. The term 'forced labor or services' means any type of labor or services performed or provided by a person rendered through another person's exertion of physical, financial, or other means of control over the person providing the labor or services. These provisions do not apply to labor or services performed or provided by a person in the custody of the Department of Corrections or a local jail, detention center, or correctional facility.
3. H. 3591: METHAMPHETAMINE
STATUS: Became law without the Governor's signature (5/4)
Under this legislation, products whose sole active ingredient is ephedrine or pseudo ephedrine may not be offered for retail sale by self-service, but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by a retail store employee or agent. No person may deliver in any single over the counter sale more than three packages of any product containing ephedrine or pseudo ephedrine.
4. H. 3381: BILLBOARD REGULATION
STATUS: Overrode Governor's veto (2/22)
The legislation provides for the conditions under which a local governing body may require the removal of an off premises outdoor advertising sign that is nonconforming under a local ordinance and otherwise regulates the use of billboards within its jurisdiction. Under the legislation, a local governing body may enact or amend an ordinance of general applicability to require the removal of any nonconforming, lawfully erected off premises outdoor advertising sign only if the ordinance requires the payment of just compensation to the sign owners, except as otherwise provided in the bill.
This legislation also prohibits a billboard for an adult or sexually oriented business from being located within one mile of a public highway. An owner of an adult or sexually oriented business who violates these provisions is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year. Each week a violation continues constitutes a separate offense.
5. H. 4428: COMPETITIVE CABLE SERVICES ACT
STATUS: Signed by Governor (5/23)
The legislation establishes a uniform statewide framework under which cable television, satellite, telecommunications companies, and other providers may compete with one another in offering cable television services.
6. H. 4319: FLAGS FLOWN AT HALF-STAFF ON THE STATE CAPITOL BUILDING
STATUS: Signed by Governor (3/29)
This bill provides that the flags atop the State Capitol Building must be flown at half-staff for a period of thirty days from the date of death of the President or a former President; for a period of ten days from the date of death of the vice president, the Chief Justice, or a retired Chief Justice of the United States Supreme Court, or the Speaker of the United States House of Representatives; and from the date of death through the date of internment of an associate justice of the United States Supreme Court, or a secretary of a federal executive or military department, or a former vice president. Upon the occurrence of an extraordinary event resulting in death or upon the death of a person of extraordinary stature, the bill provides that the Governor may order that the flags atop the State Capitol Building be lowered to half-staff at a designated time or for a designated period of time. The bill authorizes the Governor to order the flags atop the State Capitol Building to be lowered to half-staff for the same designated time when an act of the United States Congress or a presidential order is issued to lower flags to half-staff over federal buildings.
7. H. 3879: COMPUTER-ASSISTED REMOTE HUNTING
STATUS: Became law without the Governor's signature (4/13)
This legislation provides that it is unlawful to engage in computer-assisted remote hunting, which is the use of a computer or any other device, equipment, or software, to remotely control the aiming and discharge of a firearm at an animal. This prohibition applies if either the animal hunted, or any device, equipment, or software to remotely control the firearm is located in this State. These provisions do not apply to a disabled hunter using medical equipment or devices designed to assist with his disability while engaged in the act of hunting.
8. H. 3977: LAW ENFORCEMENT TRAINING COUNCIL
STATUS: Overrode Governor's veto (5/30)
The House and the Senate approved H.3977, a bill that establishes an eleven-member Law Enforcement Training Council. The bill transfers to this council all functions, duties, responsibilities, accounts, and authority statutorily exercised by the South Carolina Criminal Justice Academy Division of the Department of Public Safety. It is the stated intent of the bill to maximize training opportunities for law enforcement officers and criminal justice personnel, to coordinate training, and to set standards for the law enforcement and criminal justice service.
9. H. 3580: TAX DEDUCTION FOR QUALIFYING MEMBERS OF STATE GUARD
STATUS: Signed by Governor (3/20)
This bill allows an annual deduction of up to three thousand dollars from taxable income of members of the State Guard who meet minimum training or drilling requirements.
10. H. 4840: INDUSTRY PARTNERS ACT
STATUS: Overrode Governor's Veto (6/1)
This bill establishes three target programs reflecting the basic research currently undertaken at each research center and serving as the focal point of the State's applied research and development in each of the program areas of excellence: Clemson-automotive technology; Medical University of South Carolina-health science technology; and the University of South Carolina-fuel cell and hydrogen technology. The bill establishes the "Industry Partnership Fund" at the SCRA (and/or an affiliate) for funding and financing applied programs. The bill allows taxpayers to claim as a credit against state income tax 100% of an amount contributed to the Industry Partnership Fund, up to a maximum credit of two million dollars, not to exceed an aggregate credit of six million dollars for all taxpayers in its first fiscal year of existence.
11. H. 4316: PRICE GOUGING
STATUS: Vetoed by Governor (6/1). Overrode Governor's veto (6/14)
This bill expands the state's prohibition on price gouging during natural disasters and other emergencies so as to make these provisions apply when emergencies declared out of state affect South Carolina. If the President of the United States declares a state of emergency or disaster for an area outside of South Carolina, this legislation authorizes the state Attorney General to issue an official notice when the emergency or disaster declared out-of-state creates an abnormal market disruption within South Carolina.
12. H. 4312: TAX CREDIT FOR HYBRID VEHICLES
STATUS: Signed by Governor (6/1)
This bill provides tax credits on hybrid and alternative fuel vehicles and provides that a resident taxpayer who is eligible for and claims the new qualified fuel cell motor vehicle credit, the new advanced lean burn technology motor vehicle credit, the new qualified hybrid motor vehicle credit based on the combined city/highway metric or standard set by federal Internal Revenue Code Section 30B, and the new qualified alternative fuel motor vehicle credit is allowed an income tax credit of twenty percent of that federal income tax credit.
13. H. 4965: DISRUPTING FUNERAL SERVICES
STATUS: Overrode Governor's veto (6/1)
This law provides that it is unlawful for a person to willfully or maliciously disturb or interrupt a funeral service. This applies to a willful, knowing, or malicious disturbance or interruption within: (1) one thousand feet of the funeral service; and (2) a time period of one-half hour before the funeral service until one-half hour after the funeral service. A violator is guilty of a misdemeanor and upon conviction must be fined not more than one hundred dollars or imprisoned not more than thirty days.
14. H. 4404: SAFETY NET PROGRAMS FOR VULNERABLE ELECTRIC AND NATURAL GAS CUSTOMERS
STATUS: Signed by Governor (6/1)
This legislation establishes safety net programs for electric and natural gas customers with special needs to ensure that their utility services are protected from termination during extreme weather conditions. The legislation provides that during the heating season (December through March) and cooling season (June through August), a public utility may not disconnect residential service on a day when the National Weather Service predicts that the local forecasted average temperature will exceed specified extremes.
15. S. 1205: RIGHT TO FARM BILL
STATUS: Allowed to become law without Governor's signature
Relating to agricultural facilities and operations, this legislation provides that state law and Department of Health and Environmental Control (DHEC) regulations pre-empt the entire field and constitute a complete regulatory plan, thereby precluding a county from enacting an ordinance that is not identical to state provisions. There are exceptions to the legislation, including new swine operations and new slaughterhouse operations. The provisions do not apply to operations located within municipal limits. Nothing prohibits a county from determining whether agricultural operations are permitted under the county's land use and zoning authority.
16. H. 4874: "SOUTH CAROLINA ECONOMIC DEVELOPMENT INCENTIVE ACT"
STATUS: Overrode Governor's Veto (6/14)
Regarding the income tax credit for corporate headquarters, the bill includes a bank's headquarters and provides that a "company business unitâ is an organizational unit of a corporation or bank and is defined by the particular product or category of products it sells
17. H. 4800: TARGETED JOBS TAX CREDIT
STATUS: Signed by Governor (6/6)
This bill allows certain banks that establish headquarters with forty or more employees to be eligible for the new corporate headquarters income tax credit and a jobs tax credit.
18. S. 229: HOG-DOG FIGHTING AND COCKFIGHTING
STATUS: Signed by Governor (6/12)
Under the bill, the provisions of the Animal Fighting and Baiting Act apply to events more commonly known as 'hog-dog fights', 'hog-dog rodeos', or 'hog-dogging' in which bets are placed, or cash, points, titles, trophies, or other awards are given based primarily on the ability of a dog to catch a hog using physical contact in the controlled environment of an enclosure.
19. H. 4301: "PROTECTION OF PERSONS AND PROPERTY ACT"
STATUS: Signed by Governor (6/9)
The stated intent of the legislation is to codify the common law castle doctrine, which recognizes that a person's home is his castle, and to extend the doctrine to include an occupied vehicle and the person's place of business. As passed by the House, this bill authorizes the lawful use of deadly force under certain circumstances against an intruder or attacker in a person's dwelling, residence, or occupied vehicle. The bill provides that there is no duty to retreat if the person is in a place where he has a right to be, including the person's place of business, and the use of deadly force is necessary to prevent death, great bodily injury, or the commission of a violent crime. A person who lawfully uses deadly force is immune from criminal prosecution and civil action and may not be arrested unless probable cause exists that the deadly force used was unlawful.
20. H. 4678: SAFE HAVENS FOR ABANDONED INFANTS OR "DANIEL'S LAW"
STATUS: Signed by Governor (6/12)
Current law provides that a person who abandons a newborn cannot be prosecuted for abandonment if he takes the unharmed baby to an employee at a hospital or hospital outpatient facility. The law applies to infants up to thirty days old. This bill provides that an infant may be left at a hospital or hospital outpatient facility, a law enforcement agency, a fire station, an emergency medical services station, or any staffed house of worship. The bill requires these other designated safe havens to transport the infant to a hospital.
21. S. 1138: "JESSICA'S LAW"
STATUS: Signed by Governor (6/9)
This bill makes comprehensive revisions relating to sex offenders. With regards to criminal sexual conduct with a minor in the first degree when the actor engages in sexual battery with a victim who is less than eleven years of age, the bill provides for a mandatory minimum sentence of twenty-five years, no part of which may be suspended or probation granted, or imprisonment for life. Imprisonment for life means imprisonment until death. The bill allows prosecutors to seek the death penalty in cases where a person has a prior conviction for criminal sexual conduct with a minor in the first degree or for a similar federal or out-of-state offense. The bill also creates a felony offense of assisting or harboring an unregistered sex offender.
22. S. 1084: "UNBORN VICTIMS OF VIOLENCE ACT OF 2006"
STATUS: Signed by Governor (6/2)
This bill provides that a person who commits a violent crime that causes the death of, or injury to, an unborn child is guilty of a separate offense and that the person must be punished as if the death or injury occurred to the unborn child's mother.
PART IV: BILLS APPROVED BY HOUSE
1. H. 3588: COMMON LAW MARRIAGE
STATUS: Approved by House. Died in Senate.
As passed by the House, H.3588 repeals current law relating to the validity of a marriage contracted without the issuance of a license; the bill provides that a common law marriage in this State may not be recognized on and after January 1, 2006. Exceptions are provided for common law marriages existing as of December 31, 2005.
2. H. 5057: ILLEGAL ALIENS AND PUBLIC EMPLOYMENT ACT
STATUS: Approved by House. Died in Senate.
This legislation requires all public employers (departments, agencies, or instrumentalities of the State and its political subdivisions) to register and participate in the federal work authorization program which is operated by the United States Department of Homeland Security to verify information of newly hired employees pursuant to the Immigration Reform and Control Act of 1986. The legislation provides that a public employer may not enter into a contract for the physical performance of services within this State unless the contractor registers and participates in the federal work authorization program to verify information of all new employees.
3. H. 4661: COMMITTEE TO STUDY EARMARKED/RESTRICTED ACCOUNTS
STATUS: Approved by the House. Died in Senate.
This joint resolution creates a committee to study and make recommendations to the General Assembly regarding the state's earmarked and restricted agency accounts.
4. H. 4966: MOTION PICTURE TAX REBATES
STATUS: Approved by the House. Died in Senate.
The bill increases from 15% to 30% the amount that may be rebated to a motion picture production company in South Carolina if the company has a minimum in-state expenditure in the aggregate of at least one million dollars.
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