South Carolina State Victories
The following NFIB victories will make a real difference for your business.
Recent NFIB/south Carolina victories:
Raised awareness of the need for workers' compensation reform to keep premiums down
NFIB/South Carolina worked closely with Gov. Mark Sanford and legislators in 2006 to adopt real solutions to the workers' compensation problems in the state. NFIB successfully raised awareness on this issue and educated legislators with specific examples of fraud and abuse, soaring premiums and other serious problems. NFIB's efforts will continue to focus on closing the loopholes lawyers use to further erode the system and maintaining the four-employee small-business exemption currently allowed under the law.
Helped move private property protections forward through eminent domain restrictions
NFIB/South Carolina lobbied for private property protections in the 2006 session. Eminent domain reform, despite some bumps in the road, did progress this year. Renewed efforts by the House and Senate produced significant steps forward in mid-June. The chambers agreed to a key protection, offering a constitutional amendment that would prevent governmental property takings for "economic development" unless there is a clearly defined public use.
Meaningful tort reform
NFIB/South Carolina was one of the leaders during this legislative session to bring justice back to our civil justice system. March 21, Governor Mark Sanford did just that by signing House bill 3008 into law. The new law limits going after the "deep pockets" defendant, ends the practice of judge and jury shopping, punishes filers of frivolous lawsuits and reduces the statute of limitations for home builders, architects and engineers.
Small-business tax cut
NFIB was the leading proponent to lower the income tax rate paid by small businesses from 7 to 5 percent over a four-year period. The tax cut, which was signed into law on April 14, will keep almost $130 million in the hands of small-business owners when fully implemented.
An end to regulatory nightmares
NFIB led the way for passage of the small-business regulatory flexibility act, which should prevent small-business owners from ever being blind-sided by new government regulations again. This act establishes an 11-person committee to examine the impact of all new and existing regulations on small businesses statewide. Under this new law, state agencies must consider ways to protect small businesses from any undue burdens placed on them from their regulations.
Your employees, your decisions
South Carolina has long been an employment-at-will state; meaning employers could terminate an employee for any reason or no reason. It also means that an employee may leave for any reason or no reason. However, over-reaching courts were eroding this long-standing doctrine. In a unanimous decision (Conner v. City of Forest Acres), the South Carolina Supreme Court held that a jury would decide whether an employment contract exists in cases where mandatory language is found in the employee handbook, even where the handbook contains disclaimers. Well, not anymore! Governor Mark Sanford signed the employment-at-will law. that provides that states a handbook, personnel manual, policy, procedure, or other document issued by an employer after June 30, 2004, does not create an express or implied contract of employment if it is conspicuously disclaimed, meaning on the first page of the handbook.
VICTORY: NFIB/South Carolina championed the passage of a law prohibiting cities and counties from establishing a minimum wage law that exceeds the federal minimum wage. Small-business owners in South Carolina are now protected from local governments dictating how much they must pay their employees.
VICTORY: NFIB/South Carolina leads a coalition of business groups working to curb the rising number of frivolous lawsuits clogging our court system. Efforts to stop this "jackpot justice" trend are vigorously opposed by trial lawyers, but small-business owners like you will be the key to victory.
VICTORY: 2002 -- Small-business owners in South Carolina were victorious at the ballot box in November. Twenty-four of 26 candidates endorsed by NFIB were winners on election day. Among those re-elected were numerous Guardian Award winners, many of who are also members of NFIB.
2002 - Minimum Wage: House bill 3289 became law on May 15, 2002. However, Governor Jim Hodges refused to sign the bill into law. An 11th hour assertion by the governor's staff that the bill may be unconstitutional may have lead to his decision to let the bill go into law without his signature. Despite the governor's lack of action, the local ban on higher minimum wage standards IS law. Thanks to NFIB and its members and other business groups and despite Governor Hodges' lack of action, what happened in New Orleans this past February WON'T happen in South Carolina.
2002 - Service Charges for Bad Checks: House bill 3286, by Rep. Ralph Davenport (Boiling Springs), would allow for a $30 service charge for all bad checks, regardless of the amount. On Monday, June 3rd., Governor Jim Hodges signed the bill into law.
2002 - Small Business Health Care Relief: House bill 4583, sponsored by Rep. Dan Tripp (Mauldin) was signed into law on Monday, July 1, 2002.
2002 - Right to Work: House bill 3142 sponsored by NFIB member-legislator Harry Cato (Travelers Rest) was signed into law by Governor Jim Hodges on July 26, 2002.
2000 - SMALL BUSINESS JURY DUTY EXEMPTION: NFIB successfully worked to get an exemption in the law for small businesses that would have to shut down if the owner were required to serve on jury duty.
1999 - Y2K PUNITIVE DAMAGES ELIMINATED: NFIB was one of the lead groups that passed legislation to prohibit punitive damages for any problems caused by any Y2K glitches.
1998 - UNEMPLOYMENT TAX REDUCTION: A one-year tax cut for those businesses with a positive balance in their unemployment insurance accounts will keep over $50 million in South Carolina in 1998. The cut was achieved by changing the contribution rates, which were among the highest in the Southeast.
1997 - 100 PERCENT DEDUCTIBILITY FOR SELF-EMPLOYED: Thanks to NFIB, the self-employed will be able to deduct on their state tax return that portion of health insurance premiums that are not allowed on the federal tax return. The state deduction remains in effect as long as the federal deduction is less than 100 percent.
1996 - EMPLOYER IMMUNITY FOR JOB REFERENCES: NFIB was the leader in passing legislation to give South Carolina employers immunity from civil lawsuits for giving factual job performance evaluations about former or current employees to a prospective employer.
