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The SC Forestry Association monitors bills of interest to the membership which are pending in the SC General Assembly, US Congress, and federal and state regulatory agencies. Up-to-the-minute information and the full text of all bills are available at www.scstatehouse.net
Updated April 18, 2008
Legislative Updates
Below are bills monitored by the SC Forestry Association including summary and status.
SCFC 2008-'09 Budget
The SC Forestry Commission’s $4.6 million request to purchase fire suppression equipment and hire personnel received a 2.3% unilateral cut along with most other agencies by the House Ways and Means Committee.
Strobe Light
H.3853 By Reps. Witherspoon, Walker, Bales, Harvin, Littlejohn, et al
Bill relates to safety equipment requirements on a projecting load that extends to the rear four feet or more. The bill requires commercial vehicles transporting unprocessed forest products to be equipped with amber strobe lights as close as practical to the end of the projecting load. The bill includes provisions for the use of a red light or lantern, in the event the strobe light becomes temporarily inoperable. Utility companies when responding to an emergency are exempt from these provisions.
Status: House approved. Bill introduced in Senate and referred to the
Transportation Committee
SCFA Position: Support
Tolerance Increase
S.1121 By Senators Grooms, Land, Campsen, Cleary, Lourie and Verdin
Bill provides that for a vehicle or trailer transporting unprocessed forest products, the enforcement tolerance is fifteen percent. This would raise the gross vehicle weight to 84,200 lbs.
Status: Referred to Transportation Committee
SCFA Position: SCFA is actively promoting adoption of S.1121. For additional information on this bill, see Opines, page 2 of this Carolina Forestry Journal.
Motor Vehicle Tax Revenues Devoted To Highway, Road, And Bridge Maintenance
H. 4549 - By Reps. Harrell, W.D. Smith, Cooper, et al
Bill provides for a phased-in transfer of motor vehicle sales, use, and casual excise tax revenues to the State Highway Fund to be used exclusively for highway, road, and bridge maintenance. The legislation provides that, in fiscal year 2008-2009, $10 million of these tax revenues must be credited to the State Highway Fund. In each succeeding fiscal year, an additional $30 million must be added to the cumulative total amount credited to the State Highway Fund in the preceding fiscal year, until and after which all of the specified revenues must be so credited. The bill establishes a "hold harmless" provision for the Education Improvement Act (EIA) Fund under which income tax revenues are, in each fiscal year, transferred from the state’s general fund to the Education Improvement Fund an amount sufficient to offset sales tax revenues that are redirected under this legislation.
Status: Referred to House Ways and Means
SCFA Position: Support
Proposed Constitutional Amendment Eliminating Certain State Constitutional Officers
H.4620 Reps. Harrell, Harrison, Cato, Hagood, Howard, W.D. Smith, et al
This joint resolution proposing to amend the State Constitution would be submitted to voters at the next general election. It proposes to amend the State Constitution so as to delete the Adjutant General, Commissioner of Agriculture, Secretary of State, and Superintendent of Education from the list of state officers which the constitution requires to be elected. Upon expiration of the terms of these officers serving in office on the date of ratification of this provision, these positions must be appointed by the governor, upon advice and consent of the General Assembly, to serve at his pleasure and be removable by him for any reason. This proposed constitutional amendment also abolishes the State Board of Education effective upon the State Superintendent of Education being appointed by the governor.
Status: Referred to House Judiciary
SCFA Position: Under review
Elevate SC Dept. of Natural Resources To Cabinet
H.4736 Rep. Harrison
Bill relates to establishment of the Dept. of Natural Resources as an executive branch of state government, provides that the department will be headed and governed by a director appointed by the governor upon advice and consent of the Senate in the manner provided by law. Also provides that the Board of the Dept. of Natural Resources on the effective date of the above provision will become an advisory body.
Status: Referred to House Judiciary
SCFA Position: Under review
Trespassing On Private Property
S.80 Sen. Knotts, Cromer, McConnell, Mescher, Fair, and Campsen
Bill provides that the owner of real property is not liable in a civil action to a person who trespasses on his property or who is not lawfully present on the property and who is injured in an accident while on the property, and to provide exceptions.
Status: Referred to Senate Judiciary Subcommittee
SCFA Position: Support
Proceeds From Timber Sales On DNR Lands
H.4785 Rep. Bowers
Bill relates to disposition of proceeds of the sale of timber located on specified lands of the Dept. of Natural Resources (DNR), so that beginning July 1, 2008, twenty-five percent of revenue derived from the sale by the DNR of timber must be paid by the State Treasurer to the General Fund of the school district in which the lands are located.
Status: Referred to House Agriculture, Natural Resources and
Environmental Affairs Committee
SCFA Position: Support (Both US Forest Service and SC Forestry Commission return 25% of timber sale to county where timber is harvested)
Sprinklers
S.860 Senators McConnell, Campsen, O'Dell, Elliott, McGill, and Cromer
Bill would allow a state income tax credit for a portion of the expense of installing or improving a fire protection sprinkler system in a commercial structure in which such a system is not required by statute, regulation, or code. Would provide requirements to claim the credit.
Status: Senate committed to Labor, Commerce and Industry
SCFA Position: Under review
SC Energy Efficiency Act
S.360 Senator Grooms
Bill defines "renewable resources" for the SC Energy Efficiency Act. The Senate has amended the bill back to the original Senate version which adds "recycling" and "nuclear energy" to the definition of "renewable energy resources". The bill has been returned to the House, so the House may either amend, concur in the Senate amendments, or non-concur with the Senate amendments which will send the bill to a conference committee.
Status: Senate returned to House with amendments
Energy Independence and Sustainable Investment Act of 2007
S.377 Senators Ritchie, McConnell, Leventis, Martin, et al
Provides that a resident taxpayer who constructs a commercial facility project in SC that is designed, constructed, and at least certified as receiving three globes using the Green Globes Rating System or receiving the LEED silver standard may receive an income tax credit and participate in an expedited permit process upon the posting of an environmental performance bond. DHEC shall administer awards to no more than 5 taxpayers who promote effective energy and environmental standards. The Senate approved the bill, and it was referred to the House Labor, Commerce, and Industry Committee on May 23, 2007. No hearing has been set this year although Sen. Ritchie has made a request of the Chairman.
Status: House referred to Labor, Commerce and Industry
SCFA Position: Under review
Energy Freedom and Rural Development Act
H.3649 Reps. Witherspoon, Merrill, Agnew, Anthony, et al
Provides tax credits for production of renewable fuels and purchase of equipment for production of renewable fuels; provides incentive payments for the sale of renewable fuels; provides incentive payments for production of electricity from biomass resources and tax credits for the purchase of equipment for production of electricity from biomass resources; and provides exemptions from sales tax for the purchase of certain fuel and energy efficient automobiles. The bill was referred to the Senate Finance Committee on May 22, 2007. It was attached to S.243, which became Act 83 of 2007. This year the SC Biomass Alliance is working to remove caps that were placed on certain incentives through Act 83 and to make a number of technical changes on behalf of the SC Dept. of Revenue. A subcommittee meeting has not been scheduled at this time. The Subcommittee which will consider H.3649 is Chaired by Senator O’Dell. Other members are Senators Peeler, Reese, Short, Fair, and Verdin.
Status: Senate referred to Finance Committee
SCFA Position: Support
Immigration Reform
S.392 Senators Ritchie, Cromer, Sheheen, Campsen, Scott, Williams, Vaughn and Ceips
The SC Illegal Immigration Reform Act. The House has named Reps. Jim Harrison, Greg Delleney, and Thad Viers as conferees to iron out differences with the Senate on S.392, statewide immigration reform. Senate conferees are Senators Jim Ritchie, Chip Campsen, and Vincent Sheheen.
Status: Passed Senate and House, is in conference committee.
SCFA Position: SCFA supports immigration reform providing it protects local governments from unfunded mandates
To obtain a copy of a bill, access the General Assembly home page at: www.sc.gov