Rep. Harvin reports on the closing days of session
The Legislature is moving closer toward the conclusion of this year’s session. We have not yet finalized the State Budget and will take another pass at it the week of June 14.
If you have questions or concerns about any of the reports below, please let me know. Have a great week.
The House returned S.2, legislation establishing New Limits on State Appropriations, to the Senate with amendments. The bill provides that, in addition to all other applicable constitutional and statutory limitations on general fund appropriations, total general fund appropriations for the fiscal year may not exceed the lesser of: (a) 106 percent of the adjusted base‑year estimate made by the Board of Economic Advisors; or (b) the adjusted base‑year estimate increased by a percentage equal to the state’s growth in population and a percentage equal to any increase in the consumer price index.
The House returned S.901, which relates to the Absence of the Governor, to the Senate with amendments. The legislation provides that, whenever the Governor leaves the State, he is required to notify the Lt. Governor of his absence, whether or not the power of the Governor’s Office is transferred to the Lt. Governor. The bill clarifies when a Lt. Governor has the full authority to act in an emergency in the event of the temporary absence of the Governor from the State.
The House returned S.452, the “South Carolina Water Withdrawal, Permitting, Use and Reporting Act,” to the Senate with amendments. This bill makes comprehensive revisions regarding permitting to the “Surface Water Withdrawals and Reporting Act.” The bill provides for new definitions and provides that all surface water withdrawals, with certain exceptions, must be permitted. A permit may not be issued to a new applicant unless the Department of Health and Environmental Control determines that the applicant’s proposed use is reasonable to the regulations. The legislation provides for exemptions for emergencies, farm pond, mining, evaporation, hydropower, wildlife management and special purpose districts.
The House concurred in Senate amendments to H.3735, the “Ann S. Perdue Independent Autopsy Fairness Act of 2010,” and enrolled the bill for ratification. The legislation provides that if a patient dies in a hospital or a health care facility where invasive surgical procedures are performed, the person authorized to consent, has the right to have an autopsy performed. The hospital or health care facility must inform the person authorized to consent of this right in writing. This bill also requires a coroner or medical examiner to be notified if a person dies in a health care facility, excluding nursing homes, within 24 hours of entering the health care facility or within 24 hours after having undergone an invasive surgical procedure at the health care facility.
The House concurred in Senate amendments to H.4174, a bill relating to Property Conveyances that are not Considered Assessable Transfers of Interest for Taxation Purposes, and enrolled the bill for ratification. This bill revises provisions for determining when a parcel of real property must be appraised for taxation purposes, so as to provide that a conveyance to a trust does not constitute an assessable transfer of interest in the real property if the settlor or settlor’s spouse conveys the property to a trust the beneficiaries of which are a child or children of the settlor or the settlor’s spouse. The legislation provides that a conveyance by distribution under a will or by intestate succession does not constitute an assessable transfer of interest in the real property if the distributee is a child or children of a decedent and the decedent did not have a spouse at the decedent’s date of death.
The House returned S.288, a bill requiring Markings on Driver’s Licenses Indicating Violent Crime Convictions, to the Senate with amendments. When a person is convicted of or pleads guilty or no contest to certain violent crimes, the person must surrender his license or special identification card to the Department of Motor Vehicles by mail or in person. If the person fails to do so, the driver’s license or special identification card is considered cancelled.
The House returned S.1027, the “Renegade Hunter Act,” to the Senate with amendments. The legislation prohibits using dogs to hunt on property without the permission of the landowner and provides penalties for violations.
