Legislative Review and Scorecard 2013

7/27/2019 Legislative Review and Scorecard 2013

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LegislativeScorecard

2013

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2/8

While some may call the 2013 legislative year lackluster, the businesscommunity can claim a successul year as businesses came together to securenumerous victories or inrastructure unding, workorce development andeconomic development.

No. 1 busiNess commuNity priority receives

sigNificaNt fuNdiNg

Inrastructure unding took a ront seat throughout the legislative session,with a united business community driving the debate. In January, the SouthCarolina Chamber o Commerce and 14 allied organizations released the

Road Map to the Future, a detailed plan or the General Assembly to beginaddressing the states inrastructure unding needs through three majorimprovement areas: interstate expansion ($2.8 billion), bridges ($2 billion)and resuracing ($1.2 billion). Te plan included a statewide approachand did not raise a single tax or ee. In April, more than 100 businessesreiterated the importance in a letter to the General Assembly urgingsignicant highway unding investment this year.

Te House and Senate each passed inrastructure unding in their respectivebudgets. Once the conerence committee met to work out the dierences,the nal proposal invested nearly $600 million in roads and bridges. Tisincludes $50 million in recurring unds allocated to the State InrastructureBank (SIB) to be bonded or $500 million. Te package also includesmoving hal o the sales tax on automobiles to the Highway Fund on a

recurring basis, generating about $41 million annually. Additionally, $50million in one time unds will be used or bridge repairs. Based on a studyby the Associated General Contractors o America, over 16,000 jobs will becreated and major economic thoroughares will be xed.

O the nal package, South Carolina Senate Majority Leader Harvey Peeler,said, We had two goals with inrastructure reorm this year providededicated streams o revenue or our roads, and make sure our state wasspending on rst things rst, xing the inrastructure we already have. Tisplan makes clear to South Carolinians that were serious about getting ourroads in better shape.

Im extremely pleased. I think its a major step in the right direction, said

South Carolina Senate Minority Leader Nikki Setzler. Our roads are insuch terrible shape, and we are so ar behind. Tis wont come anywhereclose to solving the problem, but it will certainly make a dent in theproblem.

Governor Nikki Haley signed H.3360, the highway unding vehicle, at theSouth Carolina Chamber o Commerce. Governor Haley was joined byransportation Secretary Robert St. Onge and business community leaders.

We thank Governor Haley and the General Assembly or their leadershipon investing in our roads. Tis is a great rst step, and the South CarolinaChamber will continue to advocate or a comprehensive road undingplan that will spur job creation and put South Carolina at the oreront oeconomic development, said Otis Rawl, president and CEO o the SouthCarolina Chamber o Commerce.

Tis is the rst signicant unding increase or roads and bridges since1987, when there were one million ewer residents living in the state.

busiNesses Will save $650 millioN

Te Department o Employment and Workorce (DEW) Integrity bill,which was signed into law this year, will save South Carolina employersnearly $650 million annually. Te bill enorces several ederal mandatesincluding penalties or employers who ail to adequately respond to DEWs

request or inormation on unemployment insurance claims where there is adispute on benet payments. Had the legislation not passed beore October2013, every South Carolina employer would have lost the entire FUAcredit, resulting in a $420 per employee tax increase.

In related news, the Senate conrmed Governor Nikki Haleys nominationo Cheryl Stanton to lead DEW. Stanton is a ormer partner with theOgletree Deakins law rm and helped lead the South Carolina Chamberslawsuit against the overreach o the National Labor Relations Board inederal district court. Te Chamber supported her nomination to leadDEW and believes she will bring leadership and balance to rebuild theUnemployment Insurance rust Fund and, more importantly, beginmatching unemployed workers with available jobs.

LegisLative Year in review

(continued


3/8

t fn a (s.15)

By a vote o 40-1, the Senate passed

S.15, legislation that directs the S.C.Department o Revenue to resolve

ambiguities in the tax code on behalo the taxpayer. (Roll Call vote # 37,February 19, 2013)

rn a 2013 (s.22) Te Senate passed S.22,legislation moving executive powers to a newly created Department

o Administration and increasing legislative oversight and

accountability, by a vote o 35-10. (Roll Call vote # 43, February

20, 2013)

ann snnn en (s.53)

S.53 is legislation proposing a constitutional amendment to makethe state Superintendent o Education an appointed position

by the governor. By a vote o 27-16, the Senate ailed to obtain

the necessary 2/3 majority vote or a constitutional amendment,

meaning the legislation did not pass. (Roll Call vote # 96, March13, 2013)

t cn (s.261) By a vote o 36-0, the Senate

unanimously passed S.261, legislation updating the state tax code

to mirror the Internal Revenue Code but without the sectionsincreasing taxes on higher incomes. (Roll Call vote # 101, March

19, 2013)

fn n gnn cn (s.438) Te Senate

passed legislation to strengthen open and air competition or stateand local government construction projects by a vote o 39-0. (Roll

Call vote # 146, April 9, 2013)

en dn inn (s.578) By a vote o37-6, the Senate passed legislation that allows or the issuance

o general obligation bonds or economic development projectsmeeting certain investment and job creation requirements. (Roll

Call vote # 156, April 10, 2013)

in fnn b ann (H.3710)

By a vote o 22-21, the Senate tabled an amendment that would

have dedicated 10 percent o new recurring revenue each scal yearto inrastructure, a component o the business communitys Road

Map to the Future. (Roll Call vote # 271, May 14, 2013)

dn en n W in b

(H.3751) Legislation passed the Senate by a vote o 38-0 that

enorces several ederal mandates including penalties or employers

who ail to adequately respond to DEWs request or inormation on unemployment

insurance claims where there is a dispute on benet payments. (Roll Call vote # 276,May 15, 2013)

ann bn rzn a (H.3093) H.3093, legislation that

provides tax credits or the revitalization o abandoned buildings, passed the Senateby a vote o 43-0. (Roll Call vote # 500, June 4, 2013)

Hh gwh s bn a c a (H.3505) By a vote

o 38-4, the Senate passed legislation to provide tax credits or investment in high-

growth, start-up companies. (Roll Call vote # 502, June 4, 2013)

p t c (H.3557) By a vote o 43-0, the Senate unanimously passed

legislation expanding port tax credits to include third party logistics providers and

removing the cap on the employee withholding tax. (Roll Call vote # 504, June 4,2013)

J rnn t c (s.387) By a vote o 41-2, the Senate passedlegislation streamlining the process or businesses to obtain job retraining tax credits

and utility tax credits. (Roll Call vote # 506, June 4, 2013)

in fnn p (H.3360) By a vote o 35-5, the Senateadopted the conerence report on legislation that provides unding or inrastructure,the rst signicant increase in unding or roads and bridges since 1987. (Roll Call

vote # 572, June 18, 2013)

fy 2013-14 b (H.3710) Te Senate adopted the conerence report orthe 2013-2014 state budget by a vote o 39-5. (Roll Call vote # 579, June 19, 2013)

mssc o (v 6 n H.3711) Te Senate overrode the governors veto

o unding or the statewide implementation o the Manuacturing Skills Standard

Council (MSSC) certication by at vote o 38-5. (Roll Call vote # 657, June 27,2013)

SENATE Business

Positive Vote

X BusinessNegative Vote

NV Not Voting

A Abstain

DenotesRecipientof Business

AdvocateAward

VOTE KEY:

Thomas alexander X 93

Karl allen X NV X 86

sean BenneTT 100

lee BrighT X X X X X X X 53

Kevin BryanT X NV X X X X 64

Paul CamPBell X 93

ChiP CamPsen A 100

ray Cleary X 93

CreighTon Coleman X NV X NV NV NV 82

Tom CorBin X X X X 73

John Courson X 93

ronnie Cromer NV NV X 92

Tom davis X X X X 73

miKe Fair X NV NV 92

*roBerT Ford X X NV * * * * * * * *

greg gregory NV 100

larry grooms X NV X 86

Wes hayes NV X NV 92

greg hemBree NV 100

Brad huTTo NV NV NV NV 100

darrell JaCKson NV X NV X NV NV 82

Kevin Johnson X X 87

hugh leaTherman X X 87

Joel lourie NV X NV 92

gerald malloy X X X 80

larry marTin X X 87

shane marTin X X X X X 67

shane massey NV NV NV NV 100

John maTTheWs NV NV X 92

Thomas mCelveen NV 100

yanCey mCgill X X 87

Floyd niCholson X NV NV 92

Billy o'dell X NV NV 92

harvey Peeler 100

ClemenTa PinCKney X NV NV NV NV NV NV NV 88

luKe ranKin NV NV X NV NV 91

glenn reese NV X NV NV X 83

John sCoTT X NV X 86

niKKi seTzler X X 87

KaTrina shealy X 93

vinCenT sheheen X NV 93

Paul Thurmond X X X X 73

ross Turner X 93

danny verdin NV NV X 92

KenT Williams X NV X 86

Tom young X 93

*Resigned May 31, 2013

SCORECARD

s.1

5

s.2

2

s.5

3

s.2

61

s.4

38

s.5

78

h.3

710(TblroFuning

.............amnmnt)

h.3

751

h.3

093

h.3

505

h.3

557

s.3

87

h.3

360

h.3

710(Confncrpot)

vto6(h.3

711)

sco

senaTor


4/8


5/8

* Mike Burns was sworn into office on March 19, 2013.

** Harry Ott resigned June 30, 2013 to accept a presidential appointment.

WalT mCleod X NV X X X X X 68

James merrill NV X X NV NV 88

harold miTChell X X X NV X X X X NV X X 50

dennis moss 100

sTeve moss X X 90elizaBeTh munnerlyn X NV X X X X X X X 58

Chris murPhy NV NV NV NV X 94

Wendy nanney NV NV NV NV X NV NV NV 92

Joe neal X X X NV X X X X X NV X X 44

WesTon neWTon X NV X X 84

ralPh norman X NV X X X X 74

**harry oTT X X X X X 75

Phil oWens NV NV 100

anne ParKs X X X X X X X X X 55

andy PaTriCK NV NV NV NV 100

miChael PiTTs NV X 95

Tommy PoPe X X X 85

mandy PoWers norrell NV NV NV NV X X X X 75

Joshua PuTnam NV X 95

riCK Quinn X 95

roBerT ridgeWay X X NV X X X X X 63

shannon riley X X 90samuel rivers 100leola roBinson-simPson X X NV X X X X X NV NV X 53

Todd ruTherFord X NV X X X X NV X X NV 59

miKe ryhal 100

ronnie saBB X NV X X X X X X NV X X 50

Bill sandiFer NV X 95

BaKari sellers NV NV NV NV NV NV NV X X NV 83

gary simrill X 95

B.r. sKelTon NV X NV NV 94

murrell smiTh X NV 95

garry smiTh 100

roland smiTh 100

James smiTh NV X NV NV NV NV X NV X NV X 69

miKe soTTile 100

edWard souThard X X X X X X 70

KiT sPires X 95

leon sTavrinaKis X X X NV X X 74Tommy sTringer NV NV NV X 94

eddie Tallon NV NV 100

Bill Taylor NV NV 100

anne Thayer NV NV NV NV NV NV X 93

maC Toole X X X X NV 79Ted viCK X NV NV NV X X X 76

david WeeKs X X X NV NV NV X 76

don Wells X 95

seTh WhiPPer X NV X NV X NV X X X X 59

Brian WhiTe NV NV NV X 94

Bill WhiTmire NV X 95

roBerT Williams X X NV X X X X NV X X 56

marK Willis 100

donna Wood NV X 95

bn f ch a (H.3290) By a vote o 89-28, the House

passed H.3290, legislation prohibiting local governments rom enacting ow controlordinances on solid waste disposal. (Roll Call vote # 52, January 30, 2013)

tn c s t rn dn tnn

(H.3412) H.3412 moves hal o the sales tax on automobiles to the HighwayFund on a recurring basis, generating about $41 million annually. Te bill was given

a second reading in the House by a vote o 92-5. (Roll Call vote # 110, February 28,

2013)

t dn en n W b ann

(H.3710) Budget amendment 76 would have decreased DEW's efciency with itslimited budget. Te House reused to table this amendment by a vote o 42-66, thus

limiting DEWs control over its budget. (Roll Call vote # 320, March 12, 2013)

t cn (s.261) By a vote o 100-0, the House unanimously passed

S.261, legislation updating the state tax code to mirror the Internal Revenue Codebut without the sections increasing taxes on higher incomes. (Roll Call vote # 396,

March 21, 2013)

en dn inn (s.578) By a vote o 115-2, theHouse passed legislation that allows or the issuance o general obligation bonds

or economic development projects meeting certain investment and job creation

requirements. (Roll Call vote # 427, April 17, 2013)

ann bn rzn a (H.3093) H.3093, legislation that

provides tax credits or the revitalization o abandoned buildings, passed the House

by a vote o 111-2. (Roll Call vote # 472, April 24, 2013)

HOUSE

VOTE KEY:

BusinessPositive Vote

X BusinessNegative Vote

NV Not Voting

DenotesRecipientof BusinessAdvocateAward

SCORECARD

Coud

h.3

290

h.3

412

h.3

710(TbldeW

.............amnmnt)

s.261

s.578

h.3

093

h.3

410

h.3

557

h.3

941

s.22

s.438

h.3

165

h.3

592

h.3

751

h.3

827

h.3

505

h.3

360

h.3

710

(Confncrpot)

vto32(h.3

710)

vto6(h.3

711)

sco

rePresenTaTive


6/8

n en cn (H.3410) H.3410, legislation moving the Regional

ducation Centers rom the state Department o Education to the South Carolina

Department o Commerce, unanimously passed the House by a vote o 108-0. (Roll Call

ote # 476, April 24, 2013)

t c (H.3557) By a vote o 108-0, the House unanimously passed

gislation expanding port tax credits to include third party logistics providers andemoving the cap on the employee withholding tax. (Roll Call vote # 477, April 24, 2013)

hn n p sn mnn e bn (H.3941) y a vote o 103-0, the House gave second reading to legislation that prohibits a political

ubdivision rom mandating an employee benet. (Roll Call vote # 509, April 30, 2013)

n a 2013 (s.22) Te House passed S.22, legislation moving

xecutive powers to a newly created Department o Administration and increasing

gislative oversight and accountability, by a vote o 91-23. (Roll Call vote # 583, May 15,

013)

n n gnn cn (s.438) By a vote o 112-0, the House

nanimously passed legislation to strengthen open and air competition or state and localovernment construction projects. (Roll Call vote # 599, May 21, 2013)

dqn unn bn (H.3165) H.3165 disqualiesndividuals rom continuing to receive unemployment benets ater a ailed drug test or

prospective job. Te House gave the bill a second reading by a vote o 93-19. (Roll Call

ote # 606, May 22, 2013)

hn en innn n sn cnn a 2007

H.3592) By a vote o 70-40, the House passed legislation amending the sustainable

onstruction requirements or state acility projects. (Roll Call vote # 619, May 23, 2013)

dn en n W in b (H.3751) H. 3751

norces several ederal mandates including penalties or employers who ail to adequatelyespond to DEWs request or inormation on unemployment insurance claims where there

is a dispute on benet payments. Te House concurred with the Senate amendments

vote o 96-15. (Roll Call vote # 634, May 29, 2013)

r dHec b rw (H.3827) Legislation streamlining the permprocess by removing the DHEC Board review at the request o the applicant passed t

House by a vote o 71-34. (Roll Call vote # 641, May 29, 2013)

Hh gwh s bn a c a (H.3505) By a vote o

10, the House concurred with the Senate amendments on legislation to provide tax c

or investment in high-growth, start-up companies. (Roll Call vote # 696, June 5, 20

in fnn p (H.3360) By a vote o 95-11, the House adothe conerence report on legislation that provides unding or inrastructure, the rstsignicant increase in unding or roads and bridges since 1987. (Roll Call vote # 729

18, 2013)

fy 2013-14 b (H.3710) Te House adopted the conerence report or th2013-2014 state budget by a vote o 54-52. (Roll Call vote # 733, June 19, 2013)

deW b p (v 32 n H.3710) By a vote o 67-51, the House susthe governors veto o a proviso or the Department o Employment and Workorce

allowing the department to efciently utilize its budget to put South Carolinians back

work. (Roll Call vote # 771, June 26, 2013)

mssc o (v 6 n H.3711) Te House overrode the governors veto o

unding or the statewide implementation o the Manuacturing Skills Standard Cou

(MSSC) certication by a vote o 110-2, providing more than $3.7 million or theprogram. (Roll Call vote # 821, June 26, 2013)

2013 busiNess advocate aWard recipieNts

Sen. BennettDorchester

Sen. CampsenCharleston

Sen. GregoryLancaster

Sen. HembreeHorry

Sen. HuttoOrangeburg

Sen. MasseyEdgefeld

Sen. McElveenSumter

Sen. PeelerCherokee

Rep. BallentineRichland

Rep. BanGreenv

Rep. BurnsGreenville

Rep. ColeSpartanburg

Rep. CrosbyCharleston

Rep. FinlayRichland

Rep. ForresterSpartanburg

Rep. HardeeHorry

Rep. HarrellCharleston

Rep. HendersonGreenville

Rep. LimehouseCharleston

Rep. D. MCherok

Rep. OwensPickens

Rep. PatrickBeauort

Rep. RiversBerkeley

Rep. RyhalHorry

Rep. G. SmithGreenville

Rep. R. SmithAiken

Rep. SottileCharleston

Rep. TallonSpartanburg

Rep. TaylorAiken

Rep. WGreenv


7/8

prepariNg our Workforce

Te General Assembly allocated an additional $26 million or the expansiono 4 year-old kindergarten into an additional 17 high-poverty schooldistricts, on top o the 37 school districts currently operating programs.Public schools will be allocated 65 percent o the unds, and privateproviders will receive 35 percent. Te South Carolina Chamber has been alead advocate or many years to expand 4-K education.

In response to deep concerns about the availability o skilled workers to llmanuacturing jobs, the South Carolina Chambers Manuacturers SteeringCommittee, in conjunction with the South Carolina Manuacturers

Alliance and South Carolina Economic Developers' Association supporteda Manuacturing Skills Standard Council (MSSC) certicate program asthe best common certication or beginning-level employees. Te MSSCprogram was unded at $3.775 million and each o the 16 technical colleges

will help administer the program.

ecoNomic developmeNt

Governor Nikki Haley signed a key priority o the business community,the High Growth Small Business Job Creation Act, known as angel

investments. Te South Carolina Chamber has included the legislation inthe Competitiveness Agendaor several years because it is a mechanism orprivate investors to help start-up companies ourish. Te nal legislationincludes a $5 million cap in tax credits and will sunset in six years. Inaddition to the South Carolina Chamber, the bill was also supported by theUpstate Chambers Coalition, the Charleston Metro Chamber, SCBIO andthe Upstate Carolina Angel Network. Te legislation has spurred economicopportunities in the more than 30 states that have already enacted angelinvestment credits.

Spurring urther economic development, the port tax credit was amendedin two meaningul ways. First, the credit recognizes a growing trend toenable third party logistics providers (3PLs) to gain access to the creditas an incentive to drive volumes through the South Carolina State Ports

Authority (SCSPA). Many businesses are now using 3PLs in their businessmodels. Te credit also removes the $4 million cap on the employee

withholdings tax, making the port tax credit much more attractive andenabling the SCSPA to better compete with other ports along the EastCoast.

busiNess items left oN tHe table

While both the House and Senate passed versions o a Department oAdministration bill, S.22 currently remains stuck in conerence committee.Te bill is designed to expand executive control over day-to-day operationso state government. Te major dierence between the House andSenate versions includes which branch o government will handle stateprocurement. Te Senate version creates a quasi Budget and Control Board,

while the House version places that unction under the executive branch.

For the second consecutive year, the House passed the Business Freedomto Choose Act, also known as ow control. Te legislation prohibits

local governments rom enacting ow control ordinances and creatinggovernment-run monopolies or waste disposal. Currently, there arecounties that are limiting private businesses ability to shop or the bestpricing options or their business. Despite intense negotiations betweenthe business community and local governments, the Senate ailed to adoptnumerous compromises oered on behal o the business community.

Additionally, the business community has tried to work with localgovernments on the dire need to reorm the business license ee process,including standardization across municipalities, reduction in complexitiesand implementation o a more air appeals process. Tus ar, municipalitieshave been unwilling to oer any such reorms and opposed H.3604,legislation that would have exempted out o state and internationalmanuacturing sales rom the business license ee calculation. Te Chamber

will continue to work with business partners and individual municipalitiesto nd common ground on this key economic development issue.

Ater the environmental community ailed to ollow the 2012 compromiseon the Pollution Control Act, House Agricultural and Natural ResourcesChairman Nelson Hardwick introduced legislation to clariy that no privateright o action exists under the Pollution Control Act and that entitiescannot sue businesses over permits that are unobtainable. Tis legislation

was approved in committee but was never considered by the ull House.

Furthermore, legislation to eliminate the Department o Health &Environmental Control (DHEC) Board rom the permit appeals processpassed the House late in the session. Te bill is intended to streamline thepermitting process, eliminating up to 150 days that the Board could taketo review and make a nal determination on a permit. Over the last twoyears, the DHEC Board has only agreed to hear 10 contested permits. TeChamber is hopeul this legislation will advance in the Senate in 2014.

medicaid expaNsioN debate looms

Tere were numerous attempts in the House and Senate to expandMedicaid and accept matching ederal dollars. Te House and Senate

both rejected these eorts, largely along partisan lines. Te South CarolinaChamber did not take an ofcial position this legislative session, butcreated a working group to continue to study other state proposals andreorms across the country. Te Chamber is also committed to working

with the South Carolina Hospital Association, the South Carolina MedicalAssociation, the insurance industry and the S.C. Department o Health &Human Services to nd a Medicaid reorm package that will be a viablesolution or South Carolina.

Te mission o the South Carolina Chamber o Commerce, as the single,unied voice o business, is to enhance the quality o lie or all SouthCarolinians. Te inrastructure unding secured this year, improvement in

workorce development opportunities and millions saved or businessesthrough government streamlining and tax credits will move us in the right

direction.

(Year in Review continued)


8/8

Total Return on Investment$1.4+ billion

2013 ADVOCACYRETURN ON INVESTMENT

Through the South Carolina Chamber of Commerces direct advocacy efforts at the State House and through strongbusiness alliances with other industry trade associations, South Carolina businesses will benefit from more than

$1.4 billion in legislative changes designed to make businesses more competitive and profitable.

1301 Gervais Street, Suite 1100 Columbia, SC 29201 803.799.4601 www.scchamber.net 2013 South Carolina Chamber of Commerce

Unemployment Insurance TaxSavings

$647 million

Infrastructure $591million

4K Expansion $26million

Manufacturing Incentives $120million

Closing Fund $16 million

CATT $7.5million

Angel Investment $5million

Port $4million

Abandoned Buildings $3.75million

MSSC $3.775million

DHEC Air $1.7million

Legislative Review and Scorecard 2013

Documents

Transcript of Legislative Review and Scorecard 2013