2014 Presession Legislative Update -- SC State House Update - January 14, 2014

by Nexsen Pruet, PLLC
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Dear Colleagues,
 
The South Carolina General Assembly is gearing up to start a new session on Tuesday, January 14, 2014 and we wanted to update you on services the Public Policy Team will be providing to Nexsen Pruet attorneys and clients. Additionally, we have included key policy issues that will be discussed this year at the State House.
 
Information regarding members of the Public Policy Team and our services can be found on our website. Feel free to contact us if we can assist you in any way.
 
Also, Bob Coble recently conducted a webinar on major issues expected to come up during this year's legislative session. A recording of the webinar can be accessed here

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Beginning Friday, January 17, 2014, the Public Policy Team will produce a weekly publication consisting of pertinent political news, action taken in the General Assembly and the Governor's Office, bill introductions, upcoming events and meetings that may be relevant to you, your clients, and firm friends.
 
You are more than welcome to disseminate the weekly update to clients, prospective clients, and firm friends, or we can add them to our distribution list. Additionally, if one of your clients request individualized legislative updates, monitoring, lobbying, or other governmental and regulatory services, please contact Bob Coble to discuss options.

Governor's Executive Budget:

On Monday, Governor Nikki Haley unveiled her FY 2014-2015 executive budget proposal. The budget included a $29 state income tax, more state troopers and SLED agents, an increase in the Department of Mental Health budget, and funding for her K-12 Education Reform Initiative.
 
The Governor's budget proposal is just the beginning of the budget process. The House of Representatives will consider her recommendations when they take up the budget bill in March. The Senate will pass their own budget bill around May, and then both sides will compromise on the differences in June before sending the budget to the Governor for her signature.

We will provide additional information about the Governor's Budget and initiatives in the Friday Public Policy Update and throughout the Session.

South Carolina Hot Topics:

Recently, legislators were given the opportunity to pre-file bills for consideration during the upcoming session. Numerous bills were pre-filed and we have included a few of note. While bills can continue to be filed once the legislative session begins, the pre-filed bills give an idea of some of the major issues that will be discussed during the session. Below are some pre-filed bills of interest.

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ECONOMIC DEVELOPMENT:

S. 806 Setzler: SO AS TO CREATE THE DIVISION OF SMALL BUSINESS AND ENTREPRENEURIAL DEVELOPMENT WITHIN THE SOUTH CAROLINA DEPARTMENT OF COMMERCE - Referred to the Committee on Labor, Commerce and Industry.

S. 809 Leatherman: RELATING TO THE CAPITAL PROJECTS SALES TAX - Referred to the Committee on Finance.

S. 820 Jackson: SO AS TO ALLOW AN INDIVIDUAL TAXPAYER TO CLAIM AN INCOME TAX CREDIT IF THE INDIVIDUAL SERVES AS A CAREGIVER - Referred to the Committee on Finance.

S. 825 Alexander: SO AS TO EXEMPT FROM AD VALOREM TAXATION ANY REAL PROPERTY LOCATED WITHIN A MILITARY BASE OR INSTALLATION THAT IS USED OR OWNED BY THE UNITED STATES ARMED FORCES - Referred to the Committee on Finance.

S. 867 Hayes: SO AS TO REVISE PARAGRAPH 1.85, SECTION 1, PART 1B, THAT ALLOWS FOR A TAX CREDIT FOR CONTRIBUTIONS TO A NONPROFIT SCHOLARSHIP FUNDING ORGANIZATION - Referred to the Committee on Finance.

S. 874 Hutto: A CONCURRENT RESOLUTION TO MEMORIALIZE THE GOVERNOR AND STATE SECRETARY OF COMMERCE TO INTENSIFY EFFORTS TO CREATE JOBS AND FOSTER ECONOMIC DEVELOPMENT IN RURAL AREAS OF SOUTH CAROLINA THAT FACE CHRONIC LEVELS OF HIGH UNEMPLOYMENT. - Referred to the Committee on Finance.

S. 881 Sheheen: RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES; BY ADDING A NEW SUBSECTION TO ALLOW COUNTIES TO EXEMPT FROM AD VALOREM TAXATION SOLAR ENERGY ELECTRIC SYSTEMS AND THE DIFFERENCE BETWEEN THE COST OF A SOLAR ENERGY HEATING OR COOLING SYSTEM AND A TRADITIONAL HEATING OR COOLING SYSTEM. - Referred to the Committee on Finance.

S. 891 Cleary: RELATING TO THE USER FEE ON GASOLINE AND DIESEL FUEL - Referred to the Committee on Finance.

S. 892 Campbell: RELATING TO INSURANCE, BY ADDING CHAPTER 8 ENACTING THE "SOUTH CAROLINA NEW MARKET JOBS ACT" - Referred to the Committee on Banking and Insurance.

S. 901 Shealy: SO AS TO REPLACE THE INCOME TAX IMPOSED ON THE TAXABLE INCOME OF INDIVIDUALS, ESTATES, TRUSTS, AND CERTAIN OTHER ENTITIES IN TAX YEARS BEGINNING AFTER 2013 - Referred to the Committee on Finance.

S. 907 Kimpson: RELATING TO THE SOUTH CAROLINA INCOME TAX ACT, BY ADDING SECTION 12-6-3710 TO ALLOW A TAX CREDIT TO ANY TAXPAYER THAT EMPLOYS A FORMERLY INCARCERATED INDIVIDUAL AS A FULL-TIME EMPLOYEE - Referred to the Committee on Finance.

H. 4356 Felder: SO AS TO ENACT THE "LOCAL OPTION MOTOR FUEL USER FEE ACT" - Referred to Committee on Ways and Means.

H. 4362 George: RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALE OF ELECTRICITY USED EXCLUSIVELY TO CURE AGRICULTURAL PRODUCTS - Referred to Committee on Ways and Means.

H. 4407 Horne: A BILL TO ENACT THE "SOUTH CAROLINA JOBS, EDUCATION, AND TAX ACT", INCLUDING - Referred to Committee on Ways and Means.

EDUCATION:

S. 810 Peeler: RELATING TO NONJUDICIAL SCREENING AND ELECTION - Referred to the Committee on Judiciary.

S. 884 Sheheen: RELATING TO THE ELECTION OF A TRUSTEE TO A COLLEGE OR UNIVERSITY - Referred to the Committee on Judiciary.

S. 888 Campsen: SO AS TO ENACT THE "ACADEMIC STANDARDS ACCOUNTABILITY ACT" - Referred to the Committee on Education.

H. 4352 Sellers: SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO RELEASE HIGH SCHOOL GRADUATION RATE DATA BASED ON RACE OR ETHNICITY BY SEPTEMBER FIRST OF EACH YEAR - Referred to Committee on Education and Public Works.

H. 4414 Limehouse: SO AS TO CREATE THE PALMETTO PAY FORWARD, PAY BACK PILOT PROGRAM; TO PROVIDE THE COMMISSION ON HIGHER EDUCATION SHALL CREATE A SYSTEM IN WHICH A PERSON ACCEPTED TO ATTEND A PUBLIC INSTITUTION OF HIGHER LEARNING IN THIS STATE CAN FORGO PAYING TUITION AND FEES IN EXCHANGE FOR CONTRACTING WITH THE INSTITUTION TO PAY IT - Referred to Committee on Education and Public Works.

EMPLOYMENT LABOR:

S. 814 L. Martin: SO AS TO PROVIDE NO STATE, COUNTY, MUNICIPAL, OR LIKE GOVERNMENTAL OFFICER, AGENT, OR GOVERNING BODY MAY RECOGNIZE ANY LABOR UNION OR OTHER EMPLOYEE ASSOCIATION AS A BARGAINING AGENT OF ANY PUBLIC OFFICERS OR EMPLOYEES - Referred to the Committee on Labor, Commerce and Industry.

S. 821 Jackson: RELATING TO CHILD SUPPORT OBLIGATIONS - Referred to the Committee on Judiciary.

S. 906 Kimpson: RELATING TO LABOR AND EMPLOYMENT, TO ENACT THE EARNED PAID SICK LEAVE ACT - Referred to the Committee on Labor, Commerce and Industry.

H. 4351 Bowen: SO AS TO PROVIDE THAT THE DEPARTMENT OF INSURANCE SHALL MAINTAIN A PROFILE OF EACH INSURANCE ADJUSTER, AGENCY, BROKER, COMPANY, AND PRODUCER LICENSED UNDER A PROVISION OF TITLE 38 - Referred to Committee on Labor, Commerce and Industry.

H. 4400 Cobb-Hunter: SO AS TO PROVIDE THAT THE MINIMUM WAGE IN THIS STATE IS THE GREATER VALUE OF EITHER TEN DOLLARS OR THE MINIMUM WAGE SET BY THE FAIR LABOR STANDARDS ACT - Referred to Committee on Labor, Commerce and Industry.

ENERGY:

S. 881 Sheheen: RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES; BY ADDING A NEW SUBSECTION TO ALLOW COUNTIES TO EXEMPT FROM AD VALOREM TAXATION SOLAR ENERGY ELECTRIC SYSTEMS AND THE DIFFERENCE BETWEEN THE COST OF A SOLAR ENERGY HEATING OR COOLING SYSTEM AND A TRADITIONAL HEATING OR COOLING SYSTEM. - Referred to the Committee on Finance.

ENVIRONMENTAL:

S. 865 L. Martin: SO AS TO ESTABLISH THE CDL DRIVER EMPLOYMENT PROTECTION ACT - Referred to the Committee on Judiciary.

H. 4374 Cobb-Hunter: SO AS TO ESTABLISH A JOINT PROJECT ON LITTER WHERE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE DEPARTMENT OF CORRECTIONS, THE DEPARTMENT OF TRANSPORTATION, PALMETTO PRIDE, AND LOCAL CORRECTIONAL FACILITIES SHALL COOPERATE IN THE ERADICATION OF LITTER. - Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

GOVERNMENT:

S. 844 Cleary: SO AS TO PROVIDE THAT ANY APPOINTMENT NOT MADE IN A YEAR BY THE GOVERNOR, AN ELECTED PUBLIC OFFICER, OR AN ELECTED PUBLIC ENTITY BE TRANSFERRED TO AN APPROPRIATE LEGISLATIVE GROUP TO MAKE THE APPOINTMENT. - Referred to the Committee on Judiciary.

S. 889 Cleary: SO AS TO PROVIDE THAT ANY LEGISLATION OR REGULATION IMPOSING A FEE OR AMENDING A FEE AMOUNT MUST BE REFERRED TO THE SENATE FINANCE COMMITTEE. - Referred to the Committee on Judiciary.

H. 4380 Putnam: SO AS TO PROVIDE THAT BEGINNING WITH THE FISCAL YEAR 2015-2016 ANNUAL GENERAL APPROPRIATIONS BILL, THE FEBRUARY FIFTEENTH FINAL FORECAST OF STATE REVENUES IS DEEMED TO BE THE ANNUAL STATE REVENUE FOR WHICH STATE APPROPRIATIONS MAY NOT EXCEED - Referred to Committee on Ways and Means.

HEALTHCARE:

S. 840 Bryant: RELATING TO THE SUBMISSION OF CERTAIN INFORMATION BY DISPENSERS AS PART OF THE STATE PRESCRIPTION MONITORING PROGRAM - Referred to the Committee on Medical Affairs.

S. 841 Cleary: RELATING TO THE REGULATION OF CHILDCARE FACILITIES - Referred to the Committee on Judiciary.

S. 845 Lourie: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO TRANSFER AND EXPEND FUNDS AMONG APPROPRIATED REVENUES TO OPERATE AND ADMINISTER THE CERTIFICATE OF NEED PROGRAM. - Referred to the Committee on Medical Affairs.

S. 864 L. Martin: SO AS TO ENACT THE "SOUTH CAROLINA CHILDREN'S ADVOCACY MEDICAL RESPONSE SYSTEM ACT" - Referred to the Committee on Judiciary.

S. 875 Grooms: RELATING TO ABORTIONS - Referred to the Committee on Medical Affairs.

S. 879 Sheheen: RELATING TO NUCLEAR ENERGY, BY ADDING SECTION 13-7-47 TO PROHIBIT MINORS FROM USING SOURCES OF NONIONIZED RADIATION WHICH IS USED IN COMMERCIAL ESTABLISHMENTS FOR THE TANNING OF HUMAN SKIN. - Referred to the Committee on Labor, Commerce and Industry.

S. 886 Bryant: TO PROVIDE THAT THE DEPARTMENT OF INSURANCE SHALL AUTHORIZE OUT-OF-STATE INSURERS TO OFFER HEALTH INSURANCE POLICIES IN THIS STATE - Referred to the Committee on Banking and Insurance.

H. 4347 Bannister: SO AS TO ENACT THE "SOUTH CAROLINA CHILDREN'S ADVOCACY MEDICAL RESPONSE SYSTEM ACT" - Referred to Committee on Judiciary.

H. 4349 W. J. McLeod: SO AS TO CREATE THE VULNERABLE ADULT GUARDIAN AD LITEM PROGRAM WITHIN THE OFFICE ON AGING - Referred to Committee on Judiciary.

H. 4354 Harrell: RELATING TO THE RIGHT OF A PATIENT TO RECEIVE A COPY OF HIS MEDICAL RECORD OR HAVE IT TRANSFERRED TO ANOTHER PHYSICIAN - Referred to Committee on Judiciary.

H. 4359 Herbkersman: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, PURSUANT TO THE DEPARTMENT'S MEDICAID HOME AND COMMUNITY-BASED WAIVER, SHALL ISSUE PERSONAL EMERGENCY RESPONSE SYSTEM (PERS) DEVICES TO MEDICAID RECIPIENTS - Referred to Committee on Ways and Means.

H. 4365 Sellers: SO AS TO ALLOW A COMPANY DEVELOPING OR MANUFACTURING MEDICAL DEVICES IN THIS STATE A STATE INCOME TAX CREDIT EQUAL TO ONE HUNDRED PERCENT OF THE FEES PAID THE COMPANY TO THE UNITED STATES FOOD AND DRUG ADMINISTRATION (FDA) - Referred to Committee on Ways and Means.

H. 4370 King: SO AS TO PROVIDE A FUNERAL HOME, FUNERAL DIRECTOR, OR EMBALMER MAY REFUSE TO RELEASE A DEAD HUMAN BODY TO THE CUSTODY OF THE PERSON OR ENTITY WHO HAS THE LEGAL RIGHT TO EFFECT A RELEASE UNTIL ALL FINANCIAL OBLIGATIONS RELATED TO SERVICES PROVIDED BY THE FUNERAL HOME, FUNERAL DIRECTOR, OR EMBALMER WITH RESPECT TO THE DEAD HUMAN BODY HAVE BEEN FULLY SATISFIED - Referred to Committee on Labor, Commerce and Industry.

H. 4411 Jefferson: SO AS TO CREATE THE "DENTALLY INDIGENT CHILDREN PREVENTATIVE DENTAL CARE ASSISTANCE ACT" - Referred to Committee on Medical, Military, Public and Municipal Affairs.

JUDICIAL:

S. 816 L. Martin: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, FEBRUARY 5, 2014, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT - Referred to the Committee on Judiciary.

S. 852 Coleman: RELATING TO THE LIMITATION ON LIABILITY UNDER THE TORT CLAIMS ACT - Referred to the Committee on Judiciary.

S. 853 Coleman: RELATING TO THE LIMITATION ON LIABILITY UNDER THE TORT CLAIMS ACT - Referred to the Committee on Judiciary.

S. 858 Shealy: RELATING TO APPROVAL OF THE GENERAL ASSEMBLY IN JOINT SESSION, TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY SHALL BE PROHIBITED FROM VOTING IN JOINT SESSION AND MUST EXCUSE HIMSELF FROM PARTICIPATION IN THE ELECTION OF JUDGES IF THE MEMBER REPRESENTS CLIENTS IN ANY COURT IN THE UNIFIED JUDICIAL SYSTEM OF THIS STATE - Referred to the Committee on Judiciary.

H. 4355 McCoy: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, FEBRUARY 5, 2014, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, CHIEF JUSTICE, WHOSE TERM WILL EXPIRE JULY 31, 2014 - Referred to Committee on Invitations and Memorial Resolutions.

H. 4371 Finlay: SO AS TO PROVIDE THAT NO PERSON IN THIS STATE, IN REGARD TO PATENT OWNERSHIP AND POTENTIAL PATENT INFRINGEMENT, MAY INTENTIONALLY INTERFERE WITH THE EXISTING CONTRACTUAL RELATIONS OF ANOTHER PERSON OR INTENTIONALLY INTERFERE WITH THE PROSPECTIVE CONTRACTUAL RELATIONS OF ANOTHER PERSON - Referred to Committee on Judiciary.

H. 4372 Taylor: A CONCURRENT RESOLUTION TO MAKE APPLICATION BY THE STATE OF SOUTH CAROLINA UNDER ARTICLE V OF THE UNITED STATES CONSTITUTION FOR A CONVENTION OF THE STATES TO BE CALLED BY CONGRESS RESTRICTED TO PROPOSING AMENDMENTS TO THE UNITED STATES CONSTITUTION TO IMPOSE FISCAL RESTRAINTS ON THE FEDERAL GOVERNMENT, LIMIT THE POWER AND JURISDICTION OF THE FEDERAL GOVERNMENT, AND LIMIT THE TERMS OF OFFICE FOR ITS OFFICIALS. - Referred to Committee on Judiciary.

TECHNOLOGY:

S. 855 Johnson: TO ESTABLISH THE CRIME OF SENDING CERTAIN ELECTRONIC MESSAGES TO MINORS, TO CREATE A CHILD PROTECTION REGISTRY - Referred to the Committee on Judiciary.

S. 878 Sheheen: RELATING TO FELONIES AND MISDEMEANORS, TO PROVIDE THAT IT IS UNLAWFUL TO PRODUCE OR CREATE AUDIO OR VIDEO RECORDINGS OF A VIOLENT CRIME - Referred to the Committee on Judiciary.

TRANSPORATION/INFRASTRUCTURE:

S. 823 Alexander: RELATING TO CHILD PASSENGER RESTRAINT SYSTEMS - Referred to the Committee on Transportation.

S. 832 Grooms: RELATING TO DEFINITIONS CONCERNING THE MOTOR FUEL USER FEE, BY ADDING "LIQUEFIED NATURAL GAS" TO THE DEFINITION OF "ALTERNATIVE FUEL" - Referred to the Committee on Finance.

S. 880 Sheheen: TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO HOLDS A BEGINNER'S PERMIT OR A RESTRICTED DRIVER'S LICENSE TO DRIVE A MOTOR VEHICLE WHILE USING A CELLULAR TELEPHONE OR TEXT MESSAGING DEVICE; - Referred to the Committee on Judiciary.

S. 882 Sheheen: RELATING TO THE DEFINITION OF EMPLOYMENT; TO PROVIDE THAT INDIVIDUALS THAT TRANSPORT VEHICLES FOR AUTOMOBILE DEALERS UNDER CERTAIN CIRCUMSTANCES ARE EXCLUDED FROM THE DEFINITION; AND TO PROVIDE FOR THOSE CIRCUMSTANCES. - Referred to the Committee on Labor, Commerce and Industry.

S. 891 Cleary: RELATING TO THE USER FEE ON GASOLINE AND DIESEL FUEL - Referred to the Committee on Finance.

S. 893 Campbell: RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 77, TO PROVIDE THAT IT IS UNLAWFUL TO SELL OR INSTALL AN UNMOUNTED, UNSAFE USED TIRE ONTO A PASSENGER CAR OR LIGHT TRUCK - Referred to the Committee on Labor, Commerce and Industry.

S. 903 Shealy: RELATING TO OFF-SITE DISPLAYS OF AUTOMOBILES OR TRUCKS TO PROVIDE THAT LICENSED DEALERS MAY DISPLAY AUTOMOBILES OR TRUCKS AT AIRPORTS. - Referred to the Committee on Transportation.

H. 4376 Bowen: RELATING TO THE DEVELOPMENT OF THE STATE TRANSPORTATION IMPROVEMENT PROGRAM BY THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION AND RELATED HIGHWAY IMPROVEMENT PROJECTS AND FUNDING - Referred to Committee on Ways and Means.

H. 4384 Whitmire: RELATING TO THE OPERATION OF A MOPED ALONG THE STATE'S HIGHWAYS - Referred to Committee on Education and Public Works.

H. 4386 Bowen: SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE A COMMUNICATION DEVICE WHILE DRIVING A MOTOR VEHICLE UNDER CERTAIN CIRCUMSTANCES - Referred to Committee on Education and Public Works.

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The Nexsen Pruet State House Update is published as a service to our attorneys, clients, and friends. It is intended to be a high level overview of the weekly activity at the South Carolina State House and does not constitute legal advice regarding any specific situation.

 

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