...
Building Stronger Counties for Tomorrow

(2005 Past Issues)
Issue 17-2005,
May 6,
2005
Issue 18-2005,
May 13,
2005
Issue 19-2005,
May 20,
2005
Issue 20-2005, May 27, 2005
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These are the last three days of the legislative session and
the LAST week this year we will ask you to call about
pending legislation. There is no second chance to make the
one call which will make the difference in legislation this
year. If you see a piece of legislation which you think
should be adopted, stopped or amended this year, now is the
time to make that contact with your legislator.
With the confirmation of Ambassador Wilkins, the race to
succeed him will absorb most of the House member’s
attention. The Senate will be scrambling to clear their
calendar -- including the passage of the Billboard bill
outlined below. There will also be numerous conference
committees ironing out the differences between House and
Senate versions of many bills which one chamber decided to
non-concur in the other chamber’s amendments. The SCAC staff
will have its hands full this coming week and we will need
every county official to be fully engaged in the SCAC
Legislative Program. |
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1. |
Billboards --
H. 3381 |
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H. 3381 was set for special order on Tuesday by a vote of 27
to 11. A copy of the vote is attached. We are certain that
it will be up for debate on Tuesday and currently we do not
have the votes to defeat the legislation.
The Senate has an amendment pending that will make the
effective date for the grand fathering of existing
ordinances (for existing signs) April 14, 2005. We have not
identified any counties who have passed a billboard
ordinance after this date (there are cities who would be
impacted). Let us know if this date gives you problems.
The bill changes the constitutional standard for
compensation in the event of a regulatory taking and creates
a formula using potential profits in the future to determine
a wildly inflated value. This is a dangerous precedent that
can be expanded to other areas when a local government
requires that a nonconforming use be removed or terminated.
Please contact your Senator and ask them to refuse
to pass this legislation this year or at least not vote to
terminate debate.
The bottom line is this: We have friends who are willing to
discuss this bill at length. After 4 hours a motion can be
made to cut off debate and it takes 27 votes. Please help us
defeat this legislation. The other side is calling and if we
don’t, we lose. As they say in the military “this is not a
drill”. |
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2. |
Efficient Tax Collection Act of 2005/DOR BAT Bill --
H.
3768 |
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This package of changes to the property tax code to
modernize the Code of Laws and add collection mechanisms
similar to those given the State has been amended into H.
3768. H. 3768 is the Department of Revenue’s BAT bill. The
bill has now passed the Senate and goes to the House to
concur or non-concur. The Senate amendments deleted the boat
situs and apportionment language from the SCAC package while
leaving the remaining provisions in the bill. There are
other provisions affecting counties which were added,
including a provision to allow counties which implemented
reassessment after 2000 which has not been implemented to
delay implementation one additional year and a provision to
allow the treasurer to waive a penalty under certain
circumstances involving a post office error delaying tax
payments. |
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3. |
Tobacco Fines --
S. 384
and
H. 3243 |
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When H. 3243 was placed on the contested Senate calendar his
week, the House recalled S. 384 from committee, amended the
bill and gave it third reading this week. It will be before
the Senate to concur or non-concur next week. S. 384 shifts
the penalty for illegal purchases of tobacco by minors to
the minor. SCAC is working to amend this bill to eliminate
the provision to split the fine between the host
jurisdiction and DHEC. This fine split will not generate a
reliable revenue stream for DHEC’s youth tobacco program and
will create yet another complication in the fine and
assessment administration which will cost almost as much to
administer as it generates for DHEC. This is part of a trend
to earmark each fine for some state program, leaving local
government to foot the bill for courts from property taxes.
Please contact your senator and ask that them to support
an amendment to reinstate the standard fine distribution in
S. 384. |
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4. |
Millage Adjustments --
H. 3703 |
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H. 3703 is still pending second reading on the contested
House calendar. The bill now requires the millage rate be
adjusted every year, reassessment or not, to produce the
same revenue as the previous year. That adjusted millage
rate is then increased to reflect the greater of new
construction and other additions to the tax base in the
previous year or a percentage equal to the CPI increase over
the previous year. The amendment also allows an increase in
the millage rate only for natural disasters, budget deficit,
the EIA/EFA millage drivers, or a positive majority vote
after a public hearing. |
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5. |
State Retirement System and Police Officer Retirement
System Changes --
S. 618 |
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The State Retirement System legislation is now in a
conference committee to work out the considerable
differences between the House and Senate versions of this
bill. The conferees are Sens. Alexander, Setzler and Ryberg
and Reps. Kirsh, Cooper and Young. They are scheduled to
meet Tuesday morning. SCAC has no position on this bill and
you will need to make contacts directly with these
legislators if you have input for them. A copy of a side by
side
comparison of the Senate and House versions of the bill
is attached. |
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6. |
Other Actions of Interest to County Officials |
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A. Seatbelts --
S. 1. The primary enforcement of
seatbelts was amended by the Senate and returned to the
House for consideration. The key difference of interest to
counties is the different fine provisions. The House version
calls for a flat $25 fine with no assessments. The Senate
version calls for a $12 fine plus assessments.
B. Sex Offender Registry --
H. 3328. The Senate gave
second reading to H. 3328. The bill requires a sex offender
to register in any county where they own real property or
attend any public or private school, requires Corrections to
provide SLED with a photo of the inmate prior to the
inmate’s release, and requires SLED to include and
cross-reference aliases.
C. Criminal Domestic Violence --
H. 3984. The House
sent H. 3328 to conference committee because of questions
about some of the pardon provisions contained in the bill.
The bill requires a sex offender to register in any county
where they own real property or attend any public or private
school, requires Corrections to provide SLED with a photo of
the inmate prior to the inmate’s release, and requires SLED
to include and cross-reference alias names. Expectations are
that this will be an easy conference committee and that the
bill will pass this year.
D. Mental Health Admissions and Protective Custody --
H.
3412. The Senate passed H. 3412 and returned it to the
House to concur or non-concur. The bill allows a law
enforcement officer to take a person into protective custody
if the officer reasonably believes that the person is
mentally ill or is suffering from a chemical dependency. The
bill also contains a number of measures to combat the
service delivery problems for the mentally ill which
recently led to warehousing in public hospitals.
E. Probate Court Jurisdiction --
H. 3039. The Senate
Judiciary Committee gave H. 3039 a favorable report with a
technical amendment on Tuesday and it is up for a second
reading on the Senate calendar. The bill gives the probate
courts jurisdiction with family courts to determine the
validity of marriages and paternity.
F. Casino Boats --
H. 3694. The Senate compromise on
this legislation to give counties and cities the option to
regulate cruises to nowhere was concurred in by the House
and H. 3694 has been ratified.
G. Golf Course Valuations --
S. 589. This bill was
amended to strip out the BAT bill amendments in the Senate
and returned to the House. S. 589 contains provisions to
standardize the procedures used to value golf courses when
the income capitalization approach is used to assess golf
courses.
H. Expansion of Tax Increment Financing (TIF) District --
S. 97. The House concurred in the Senate amendment and
S. 97 has been ratified. This bill amends the TIF district
authorization to make changes designed to make TIF’s more
accessible for rural counties. It will allow a rural
development zone to be less than 1000 acres and authorizes
multi-county development plans. This bill was amended to
grant municipalities the authority.
I. Deed of Distribution --
S. 723. The Senate
Judiciary Committee gave a favorable report to S. 723 and it
is pending second reading. The bill provides that a deed of
distribution from an estate is exempt from the Title 12 deed
recording fee.
J. Child Support Payment Surcharge --
H. 3614. This
bill makes technical amendments to child support surcharge
statutes to clarify the status of the 5% handling charge
with respect to the underlying support payment, but does not
change the current revenue distribution. This bill is
pending third reading in the Senate.
K. Prisoner Workers’ Comp. --
S. 557. Municipalities
could cover prisoners for workers’ comp and designated
facilities would be insured by the borrowing facility. This
bill has been ratified.
L. Correctional Officers’ Drivers Licenses --
S. 610.
This bill will received third reading in the House this week
and will be before the Senate for concurrence next week. The
bill provides that candidates for certification as local
correctional officers may hold a valid current driver’s
license issued by any state in the country. Thanks to Rep.
Ronnie Townsend for pushing this through cluttered committee
and House calendars these last weeks.
M. No Yacht (or camper) Left Behind --
H. 3453. This
bill is still on the contested Senate calendar pending
second reading. The bill would drop the assessment ratio on
big boats and campers which have a head, bed and a galley
from 10.5% to 6% in one fell swoop. The bill would also cap
the tax bill on big boats. We have been told that there is
no longer support for allowing the changes to be county
optional and there are noises about airplanes as well.
N. Noncompliant Accommodations Tax Expenditures --
S. 27.
The legislation authorizes a county or municipality to
correct expenditures deemed noncompliant by the Tourism
Expenditure Review Committee (TERC) for fiscal years
2003-‘04 and 2004-‘05. Upon correction, the legislation
authorizes the refund of money being withheld due to
noncompliance. S. 27 was recalled and amended in the House
this week. The Senate concurred in the House amendment and
S. 27 has been enrolled for ratification.
O. Law Enforcement Workers’ Compensation --
S. 75.
The Senate concurred in the House amendments and S. 75 has
been ratified. The bill provides that for purposes of
workers’ compensation law, a cardiac related incident or
injury to a law enforcement officer is presumed to have
arisen out of and in the course of employment. |
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Newly-Introduced
Legislation
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Note: If you would like copies of any of the bills or if
you would like to offer comments to the SCAC staff, please call us toll-free at
1-800-922-6081 or fax us at 1 (803) 252-0379 or email us. Or, you can
view or download bills by clicking on the bill number.
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HOUSE BILLS
H. 4165 -- Requires natural resource enforcement
officers to reside within the county to which they are
assigned or within 30 miles of the nearest county line of
that county.
H. 4192 -- Lowers the minimum investment necessary
for a project in a county designated as “distressed” for
purposes of the targeted job tax credit to $1 million.
H. 4227 -- Prohibits the construction or
establishment of private correctional facilities in this
state.
H. 4228 -- Permits counties to use inclusionary
zoning strategies to expand the availability of affordable
housing.
H. 4229 -- Provides that an employee may be granted
a specified amount of additional paid leave by his employer
to attend certain elementary and secondary school
conferences.
SENATE BILLS
S. 880 -- Sen. Thomas sales tax for property tax
swap bill.
S. 882 -- Permits counties to postpone reassessment
implementation for an additional year if the reassessment
was conducted after 2000.
S. 890 -- Joint Resolution approving DHEC standards
relating to standards for licensing tattoo facilities.
RATIFICATION OF
ACTS
The following bills have been passed by both chambers and
are now before the Governor for his signature or veto.
(R.92), S. 67 -- Prohibits an employer from firing a
volunteer firefighter who misses time at work as a result of
responding to an emergency within the scope of his duties.
(R.94), S. 135 -- Provides that workers’
compensation premiums for constables must be paid from the
state general fund.
(R.112), S. 75 -- Provides that for purposes of
workers’ compensation law, a cardiac related incident or
injury to a law enforcement officer is presumed to have
arisen out of and in the course of his employment.
(R.113), S. 97 -- Permits counties to establish a
multi-county or regional authority to establish
redevelopment plans and projects when such projects have
impacts beyond a single county.
(R.116), S. 321 -- Requires the Division of
Veterans’ Affairs to prepare and distribute a war roster of
persons who served on active duty during certain wars.
(R.118), S. 557 -- Authorizes municipalities to
provide workers’ compensation benefits for prisoners working
for them.
(R.125), H. 3067 -- Extends the ten year carry
forward period for unused jobs tax credits.
(R. 130), H. 3539 -- Creates the office of Appellate
Defense within the office of Indigent Defense.
(R.131), H. 3694 -- Enacts the Gambling Cruise
Prohibition Act, permitting counties to prohibit or regulate
cruises to nowhere.
(R.135), H. 3543 -- Enacts Mary Lynn’s Law, which
redefines stalking and harassment and revises the penalties
for them.
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There are only six legislative days left in the session. The
retirement system bill is almost to conference committee and
that will be a major priority for the General Assembly. The
Governor made 163 vetoes, none of which substantially affect
county government, but that will take the House most of
Tuesday and probably Wednesday to complete. The Senate gets
vetoes after the House and has told the membership to be on
standby to stay Friday if necessary. The race to succeed
Speaker Wilkins, upon his confirmation as ambassador to
Canada, is consuming much of the available attention of
House members. |
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1. |
Piecemealing . . . A Hard Habit to Break |
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A. Millage Adjustments --
H. 3703
Thursday, the House considered H. 3703. The committee
amendment was tabled and the Cotty-Vaughn amendment was
withdrawn. A third amendment was adopted in its place to
require the millage rate be adjusted every year,
reassessment or not, to produce the same revenue as the
previous year. That adjusted millage rate is then increased
to reflect the greater of new construction and other
additions to the tax base in the previous year or a
percentage equal to the CPI increase over the previous year.
The amendment also allows an increase in the millage rate
only for natural disasters, budget deficit, the EIA/EFA
millage drivers, or a positive majority vote after a public
hearing. H. 3703 is now on the House contested calendar
pending second reading.
B. No Yacht (or camper) Left Behind --
H. 3453
The Finance Committee amendment to allow counties the option
to reduce the assessment ratio and/or cap the property tax
bill at a dollar amount is apparently dead. Several senators
are concerned that the amendment may be unconstitutional. A
replacement amendment is pending to drop the assessment
ratio for both boats with a head, a bed and a galley and
campers from 10.5% to 6%. This change is mandatory
statewide. There is also a $3000 tax bill cap. This bill is
now on the contested Senate calendar pending second reading.
There are noises about including airplanes as well.
C. Constitutional Amendments on Property Taxes --
S. 69 and
S. 796
Tuesday, the Senate considered a motion to recall S. 69,
which is a constitutional amendment to implement a 2% sales
tax increase swap for property taxes. This bill has never
had a committee hearing and the motion was defeated on a 18
– 23 vote.
Immediately after the vote to recall S. 69 failed, another
motion was made to recall S. 796, another constitutional
amendment which has never had a hearing, which would freeze
property valuations at the purchase price until transfer.
This time there was a 21-21 tie vote and the Lt. Governor
broke the tie to put the bill on the calendar.
Thursday afternoon, the Senate recommitted S. 796 to Finance
Committee with the stipulation that it would automatically
return to the calendar on January 30, 2006.
D. SCAC’s Position on Property Tax Restructuring
SCAC remains committed to working toward a comprehensive
approach to property tax restructuring. We have been in
contact with several other groups to craft a detailed
proposal which we can then go to the General Assembly with
for a studied and balanced approach to complaints about
property taxes. The Legislative Policy position adopted by
the SCAC Legislative Committee is to replace school
operating tax revenue from a state source. The most likely
source is a statewide sales tax increase. |
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2. |
Mental Health Admissions and Protective Custody --
H. 3412 |
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The Senate gave H. 3412 second reading on Thursday. The bill
allows a law enforcement officer to take a person into
protective custody if the officer reasonably believes that
the person is mentally ill or is suffering from a chemical
dependency. The bill also contains a number of measures to
combat the service delivery problems for the mentally ill
which recently led to warehousing in public hospitals. An
amendment changed the second sentence in Section 3(C) of the
bill from “The center or crisis stabilization program where
available” to “The center or crisis stabilization program if
available within the jurisdiction.” Additionally, the Senate
adopted an amendment that would require the officer to have
a written memo of understanding with the local mental health
center or crisis stabilization program when transporting a
person beyond their jurisdiction. |
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3. |
State Retirement System and Police Officer Retirement
System Changes --
S. 618 |
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The State Retirement System legislation has passed the House
and was amended in the Senate back to the original Senate
bill. There was one additional amendment affecting the
Police Officers Retirement System (PORS). The PORS retirees
will also have to pay the employee contribution upon
returning to covered employment. A copy of a side by side
comparison of the
Senate and House versions of the bill is attached. The bill
will probably go to conference committee next week. |
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4. |
Other Actions of Interest to County Officials |
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A. Billboards --
H. 3381. This bill remains on the Senate contested
calendar. As this part of the session draws near the end, we
anticipate that efforts will be made to get the bill up for
debate. The “sign crowd“ says all they want is to be paid
for their investment (plus future potential earnings). We
just want them to be taxed on that value. Perhaps if the
sign lobby reads this enough, they will begin to recognize
the fairness of this position.
B. Sex Offender Registry --
H. 3328. The Senate gave second reading to H. 3328.
The bill requires a sex offender to register in any county
where they own real property or attend any public or private
school, requires Corrections to provide SLED with a photo of
the inmate prior to the inmate’s release, and requires SLED
to include and cross-reference aliases.
C. Mortgage Satisfaction --
H. 3454. The Senate gave H. 3454 third reading this
week and the bill was enrolled for ratification. The bill
amends the contents of the affidavit that an attorney is
permitted to file in regard to a mortgage satisfaction to
add the requirement that the affidavit speak to payoff
information and that the attorney has proof of the payoff.
D. Municipal Incorporation --
S. 318. The House gave third reading to S. 318 and
it has been ratified. The bill reduces the number of
residents needed to form a town from 15,000 to 7,000 and
would allow public lands and water to be used to connect
otherwise unconnected properties to be part of the town.
E. Retail Building Revitalization Incentives --
H. 3841. This legislation allows for a credit
against the real property taxes of an entity which
rehabilitates a shopping center, mall, or other retail sales
site of 50,000 square feet or more. The legislation requires
the consent of local taxing entities to get the credit. The
House gave third reading to this bill this week.
F. Family Court Stay --
H. 3274. This bill is pending second reading on the
Senate Calendar. The bill provides that no automatic ten day
stay applies following issuance of certain family court
orders.
G. Golf Course Valuations --
S. 589. This bill is pending second reading on the
House calendar. The bill addresses what income is to be
included in the capitalization of income and expenses for
golf courses when valuing them for property taxes.
H. Tobacco Fines --
S. 384. The House Judiciary Committee adjourned
debate on this bill because the Committee wanted to wait for
Senate action on the House version (H.3243).
I. Tobacco Fines --
H. 3243. A Senate Judiciary subcommittee amended H.
3243 so as to primarily incorporate the language found in
the Senate’s companion bill, S. 384. H. 3243 now provides
that fines must be deposited with the city or county
treasurer and the treasurer must remit half of the fine to
the State Treasurer. H. 3243 was given a favorable report
and sent to the Senate Judiciary committee.
J. Priority Investment Act --
H. 3881. Debate on this bill to require coordination
of comprehensive land use plans was adjourned until January,
2006. It remains in House Judiciary Committee.
K. Seatbelts --
S. 1. The House passed S. 1 and it is now back in
the Senate with amendments. The bill does not change the
customary fine distribution and does not impose assessments,
surcharges or costs on the fine.
L. Correctional Officers’ Drivers Licenses --
S. 610. The House Education and Public Works
Committee gave a favorable report with a technical amendment
to S. 610 and it will be up for consideration in the House
on Tuesday. The bill provides that candidates for
certification as local correctional officers may hold a
valid current driver’s license issued by any state in the
country.
M. Efficient Tax Collection Act of 2005 --
H. 3768. This package of a dozen changes to the
property tax code to modernize the Code of Laws and add
collection mechanisms similar to those given the State has
been amended into H. 3768. H. 3768 is the Department of
Revenue’s BAT bill. The bill is pending second reading in
the Senate.
N. Mary Lynn’s Law --
H. 3543. The Senate gave H. 3543 second reading on
Thursday. The bill no longer precludes the use of the VINE
(victim notification) system and provides that electronic or
automated victim notification must not be the sole form of
victim notification. The amendment provides that victim
impact statements would no longer be filed with the Clerk of
Court.
O. School Start Referendum --
S. 821. The Senate gave S. 821 second reading on
Thursday. The bill provides for a statewide advisory
referendum to be held at the same time as the 2006 general
election to determine whether or not the voters of this
state favor changing the starting date for elementary and
secondary schools of this state.
P. Deed of Distribution --
S. 723. The Senate Judiciary Committee gave a
favorable report to S. 723 and it is pending second reading.
The bill provides that a deed of distribution from an estate
is exempt from the recording fee. The fiscal impact
statement suggests that the local government impact would be
minimal or hard to assess.
Q. Expansion of Tax Increment Financing (TIF) Districts
--
H. 3724. The Senate LCI Committee meeting gave a
favorable report to H. 3724. This bill amends the TIF
district authorization to make changes designed to make
TIF’s more accessible for rural counties. It will allow a
rural development zone to be less than 1000 acres and
authorizes multi-county development plans. This bill was
amended to grant municipalities the authority.
R. Expansion of Tax Increment Financing (TIF) District --
S. 97. The House gave second reading to S. 97 on
Thursday. This bill amends the TIF district authorization to
make changes designed to make TIF’s more accessible for
rural counties. It will allow a rural development zone to be
less than 1000 acres and authorizes multi-county development
plans. This bill was amended to grant municipalities the
authority.
S. Super FILOT --
S. 814. This legislation originally extended the 10
year state corporate income tax moratorium to companies that
made qualifying investments in more than one distressed
county. The House amended S. 814 to authorize a “super fee
in lieu of tax” (FILOT) if a sponsor makes an investment of
$400 million in a project, creates at least four hundred new
jobs at the project, and the Secretary of Commerce certifies
that the project meets these requirements. A “super FILOT”
authorizes the county to utilize a 4% assessment ratio for
certain projects when granting a FILOT. The Senate concurred
in the House amendment and it is enrolled for ratification.
T. Firefighter Protection Act --
S. 67. This bill to protect volunteer firefighters’
jobs when they respond to an emergency declared by the
Governor or the federal government has been given third
reading in the House and will be enrolled for ratification.
U. Prisoner Workers’ Comp. --
S. 557. Municipalities could cover prisoners for
workers’ comp and designated facilities would be insured by
the borrowing facility. This bill was given third reading in
the House and sent to the Senate for consideration of the
amendments.
V. Noncompliant Accommodations Tax Expenditures --
S. 27. The legislation authorizes a county or
municipality to correct expenditures deemed noncompliant by
the Tourism Expenditure Review Committee (TERC). Upon
correction, the legislation authorizes the refund of money
being withheld due to noncompliance. S. 27 was recalled and
amended in the House this week. The amendment makes the
legislation only applicable to fiscal years 2003-2004 and
2004-2005. The House gave the amended bill third reading.
W. Casino Boats --
S. 615 and
H. 3694. The Senate agreed on a compromise amendment
to S. 615. The amendment permits casino boats in operation
as of January 1, 2005 to continue operations for up to 5
years if a county passes an ordinance outlawing them. The
amendment also provides that if the Court finds the language
exempting passenger liners from the act or the 5 year
language unconstitutional, then the entire act will become
null and void. The Senate amended H. 3694 with a strike and
insert amendment comprising of the newly amended S 615. H.
3694 has been given third reading in the Senate and sent to
the House.
X. Constables Workers’ Compensation --
S. 135. The House LCI committee gave a favorable
report to S. 135 and sent it to the House where it has
received third reading. S. 135 requires that workers’
compensation premiums for constables be paid from the state
general fund.
Y. Law Enforcement Workers’ Compensation --
S. 75. The House LCI committee gave a favorable
report to S. 75 and sent it to the House where it has
received third reading. The bill provides that for purposes
of workers’ compensation law, a cardiac related incident or
injury to a law enforcement officer is presumed to have
arisen out of and in the course of employment. |
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Newly-Introduced
Legislation
|
Note: If you would like copies of any of the bills or if
you would like to offer comments to the SCAC staff, please call us toll-free at
1-800-922-6081 or fax us at 1 (803) 252-0379 or email us. Or, you can
view or download bills by clicking on the bill number.
|
HOUSE BILLS
H. 4115 -- Requires DOT to impose tolls along the
state’s highways and country roads to cover the cost of
repairs and improvements.
H. 4136 -- Provides a property tax exemption for one
unregistered private motor vehicle owned or leased by a
member of the military for the duration of any period the
member serves in a hazardous duty zone.
H. 4144 -- Requires persons convicted of sex
offenses involving a minor, who are released on probation,
parole or community service, to be electronically monitored.
H. 4155 -- Joint Resolution approving DHEC
regulations relating to the implementation of the Emergency
Health Powers Act.
SENATE BILLS
S. 848 -- Provides that 50% of the proceeds received
from the stamp taxes required to be paid by a dealer
possessing controlled substances be given to the law
enforcement agency responsible for investigating the case
and making the arrest.
S. 862 -- Provides that the exemption granted to a
debtor’s interest in property used as a debtor’s resident
not exceed $150,000 and that the aggregate value of multiple
homestead exemptions not exceed $300,000.
S. 871 -- Requires persons convicted of sex offenses
involving a minor, who are released on probation, parole or
community service, to be electronically monitored.
RATIFICATION OF
ACTS
The following bills have been passed by both chambers and
are now before the Governor for his signature or veto.
(R.79), S. 318 -- Establishes a joint legislative
committee on municipal incorporation to review the filing of
an area seeking incorporation and to recommend to the
Secretary of State whether the minimum service requirements
have been met.
(R.80),
S. 422 -- Provides for a comprehensive
recodification of existing trust law and supplements
existing common law.
(R.84), S. 596 -- Provides that a law enforcement
agency may use computers and other electronic devices to
issue uniform traffic tickets and store information
resulting from their issuance if the methods are approved by
DPS.
(R.88), S. 814 -- Extends the 10 year corporate
income tax moratorium to taxpayers who create 100 new jobs
and invests at least $150 million in a manufacturing
facility in a second county designated as distressed or
underdeveloped.
(R.90), H. 3454 -- Further provides for the contents
of the affidavit that an attorney is permitted to file in
regard to a mortgage he has satisfied.
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1. |
Systemic Property Tax Change Wins Out -- For the Most Part |
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The House is reported to be considering an ad hoc committee
to review the various property tax restructuring proposals. At the Senate Finance Committee meeting, there was an
indication that the Senate is considering a joint committee
to review property tax restructuring involving members of
the Finance and Judiciary Committee. These committees will
work over the summer.
A. Millage Rate Limitation and Rollback Millage
Calculation Change --
H. 3703
The House Ways and Means Committee adopted an amendment to
H. 3703 which replaces the current rollback millage
calculation following reassessment with a formula requiring
the millage rate be adjusted to eliminate increases in
property tax revenue to the previous year’s revenue plus the
growth in the tax base not previously taxed and one percent. However,
section two of the bill eliminates the ability to
adopt a millage increase in the amount of the CPI in other
years. Reps. Cotty and Vaughn will offer a floor amendment
to reinstate the ability to increase the millage rate by the
increase in the CPI. Please contact your House members to
ask their support for the reinsertion of the CPI in the
Cotty-Vaughn amendment.
B. Limiting Tax Bills to 15% Increase Following
Reassessment --
H. 3437
The House Ways and Means Committee sent H. 3437 back to the
Property Tax subcommittee for consideration with the other
property tax restructuring proposals.
C. School District Capital Project Sales Tax
Authorization --
H. 3227
The House recommitted this bill to the Ways and Means
Committee for consideration as part of the systemic property
tax review. |
|
2. |
Billboards --
H. 3381 |
|
This bill is still on the Senate contested calendar pending
second reading. Since the billboard lobby enjoys reading our
Friday Report we will renew our request for the cost
estimates that they supplied to Sen. Hawkins. Please ask
your Senator not to vote to put a formula in the Code of
Laws until there is a clear understanding of how it works
and what impact it could have on local government. We
believe the value of the sign which must be paid when
relocated should equal the taxable value. The sign lobby
bases their case on “if you take my property pay me.”
All we are asking is for them to disclose estimated costs
based on their formula and that taxes be paid on that same
value. |
|
3. |
General Assembly Completes
Budget |
|
The conference committee on the budget met, worked out their
differences, and the conference report was adopted by both
chambers this week. The bill now goes to the Governor for
his vetoes. The Governor must act by Tuesday on the bill,
therefore the Governor’s vetoes will likely be taken up
sometime next week. State employees were granted a 4% raise
with law enforcement officers receiving 10%, however there
was no increase in the salary supplement lines of the
budget. The following are some provisos of interest in the
appropriations bill:
Proviso 1.78 -- EFA Local Match Requirement. This
proviso would have stated that school districts are not
required to meet the local match requirements for state EFA
funding in the current fiscal year. This proviso was
deleted.
Proviso 1A.58 -- EIA Local Match Requirement. This
proviso would have suspended EIA local match requirement for
this fiscal year. This proviso was deleted.
Proviso 30.17 -- Courthouse Security. This proviso, which authorized the Office of Court Administration to spend
one million dollars to improve security within and outside
the various county courthouses throughout the state, was
deleted.
Proviso 36A.8 -- Vehicle License Tax Year. This amends
an existing proviso to deal with tag flipping. The proviso
directs DMV, after a tag has been transferred to another
vehicle and before any subsequent tag transfer to the same
vehicle is processed, to require a paid tax receipt based
upon the value of the vehicle the tag is being transferred
to for the remaining months of the tax year of the tag being
transferred. This proviso still allows for a one time tag
transfer and takes effect January 1, 2006. This proviso was
adopted by the General Assembly.
Proviso 56DD.42 -- SLED Courthouse Security. This
proviso authorized SLED to issue up to $1 million in grants
to local law enforcement agencies to enhance courthouse
security. This proviso was deleted.
Proviso 63.41 -- Election File Merge. Requires the
Office of Research and Statistics, in conjunction with the
SC Election Commission, to merge the voter registration file
with the office’s Geocoded Address List and the district
boundaries of the Congress, SC Senate, SC House, county
councils, city councils, school districts, and commissions of
public works. The list is intended to provide county
officials with a list of potential voters who are possibly
assigned to the wrong election district.
Proviso 63.45 -- Law Enforcement Personnel Salary Review.
This proviso directed the Budget and Control Board to
conduct another study of state law enforcement personnel to
add comparisons to local law enforcement counterparts.
The proviso was deleted.
Proviso 72.112 -- Use of Accommodations Tax Revenue. This proviso would have taken the first 5% of all revenues
collected from the tax imposed pursuant to §12-36-2630(3)
(the local portion of the State Accommodations Tax) and
credited the revenues to the SC Beach Restoration and
Improvement Trust Fund. The proviso was deleted.
Proviso 72.119 -- Courthouse Security Study Committee. This proviso would have created a study committee to review,
assess, and evaluate the current security of courthouses in
South Carolina. The proviso was deleted. |
|
4. |
State Retirement System Changes --
S. 618 |
|
The House Ways and Means Committee gave a favorable report
to S. 618 and it will probably be taken up next week. The
bill guarantees a 1% COLA and allows the Budget and Control
Board to grant additional COLA amounts. Employee
contribution rates increase .25% on July 1, 2005 and another
.25% on July 1, 2006. Employer contribution rates will
increase by .5% on July 1, 2006 and another .5% on July 1,
2007. This employer contribution rate increase is in
addition to the this year’s increase. Current and future
TERI participants and retirees returning to work will be
required to pay the employee contribution. After a 15
day break in service retirees may return to work with no
earnings limitation, instead of the current $50,000
limitation. |
|
5. |
Other Actions of Interest to County Officials |
| |
A. No Yacht (or Camper) Left Behind Act --
H. 3453. The Finance Committee sent this bill to the floor with
proposed amendments to make the reduction of the assessment
ratio on boats from 10.5% to 6% optional by the county. The
amendment also authorizes the county to cap the total
property tax bill of a boat. A final section of the
legislation includes tax situs definitions and apportionment
language for boats to ensure that more boats which are
taxable in South Carolina are taxed.
B. Sex Offender Registry --
H. 3328. The Senate
Judiciary Committee will meet Tuesday to take up H. 3328. The bill requires a sex offender to register in any county
where they own real property or attend any public or private
school, requires Corrections to provide SLED with a photo of
the inmate prior to the inmate’s release, and requires SLED
to include and cross reference alias names. The Senate
Judiciary subcommittee adopted an amendment to require
convicted sex offenders to wear tracking devices once
released.
C. Mortgage Satisfaction --
H. 3454. The Senate gave
H. 3454 second reading on Thursday. The bill provides for
the contents of the affidavit that an attorney is permitted
to file in regard to a mortgage satisfaction.
D. Uniform Trust Code --
S. 422. The House gave third
reading to S. 422. The bill provides a comprehensive
recodification of existing trust law and supplements
existing common law. The bill has been enrolled for
ratification.
E. Retail Building Revitalization Incentives --
H. 3841. This legislation allows for a credit against the real
property taxes of an entity which rehabilitates a shopping
center, mall, or other retail sales site of 50,000 square
feet or more. The legislation requires the consent of local
taxing entities to get the credit. The Ways and Means
Committee reported the bill out this week and it is pending
second reading on the uncontested calendar.
F. Bonding of County Officials --
S. 506. This bill
allows counties to purchase a blanket fidelity bond for all
or a portion of county officials or employees who are
statutorily required to be bonded. S. 506 received third
reading in the House and has been enrolled for ratification.
G. Golf Course Valuations --
S. 589. The House Ways
and Means Committee gave a favorable report to this bill
which adopts parts of an ALJ decision governing how golf
courses are valued when using the income capitalization
method. The bill was amended to correct a scrivener’s error
and require disclosure of income and expenses for the entire
golf course operation, in addition to three specific areas
of operation already required. S. 589 is pending second
reading on the House calendar.
H. Juror Disqualifications --
H. 3362. This bill was
reported out of House Judiciary. The bill increases the
number of jurors disqualified because of pending criminal
charges and the list of convictions which will disqualify a
juror from service. A proposed amendment that would have
required the clerks of court to give written notice of all
civil dockets to the parties and attorneys was ruled out of
order.
I. Casino Boats --
S. 615 and
H. 3694. H. 3694 has
passed the House and been sent to Senate Judiciary
Committee. This bill allows a county or city to regulate or
prohibit gambling cruises. S. 615 is pending third reading
on the contested Senate calendar and faces stiff opposition.
J. Probate Judge Autonomy --
H. 3916. The House
Judiciary Committee adjourned debate on this proposal until
January of 2006.
K. Seatbelts --
S. 1. The House will probably take up
this bill on Wednesday. SCAC staff will work to ensure that
fine revenues remain in the standard distribution.
L. Municipal Incorporation --
S. 318. This bill
reduces the number of residents needed to form a town from
15,000 to 7,000 and would allow public lands and water to be
used to connect otherwise unconnected properties to be part
of the town. The bill also would require all new towns of
7,000 or more to provide a full range of 9 municipal
services. S. 318 is pending third reading on the contested
House calendar.
M. Mental Health Procedures --
H. 3412. The Senate
Medical Affairs Committee gave a favorable report as amended
to H. 3412. The amendment changes the second sentence in
Section 3(C) of the bill from “The center or crisis
stabilization program where available” to “The center or
crisis stabilization program if available within the
jurisdiction.” The bill contains a number of provisions to
improve service delivery to the mentally ill and provide for
protective custody.
N. Mary Lynn’s Law --
H. 3543. A Senate Judiciary
subcommittee gave a favorable report as amended to H. 3543. The bill no longer precludes the use of the VINE (victim
notification) system and provides that electronic or
automated victim notification must not be the sole form of
victim notification. The amendment provides that victim
impact statements would no longer be filed with the clerk of
court.
O. Elective Share --
S. 722. A Senate Judiciary
subcommittee carried over S. 722. The bill provides
for a mechanism to waive the surviving spouse’s rights to an
elective share after disclosure.
P. Deed of Distribution --
S. 723. A Senate Judiciary
subcommittee gave a favorable report to S. 723. The bill
provides that a deed of distribution from an estate is
exempt from the recording fee. The fiscal impact
statement suggests that the local government impact would be
minimal or hard to assess.
Q. Expansion of Tax Increment Financing (TIF) Districts
--
H. 3274. A Senate LCI subcommittee meeting gave a
favorable report to H. 3274. This bill amends the TIF
district authorization to make changes designed to make
TIF’s more accessible for rural counties. It will allow a
rural development zone to be less than 1,000 acres and
authorizes multi-county development plans.
R. Dangerous Animals --
S. 810. A Senate Agriculture
subcommittee gave a favorable report to an amended version
of S. 810. The amendment requires a law enforcement agent or
animal control officer, who has probable cause to believe a
dangerous animal has attacked a person or domestic animal,
to seize and impound the dangerous animal. The animal must
be held for at least 10 days while any trial or civil action
related to the attack is pending.
S. Super FILOT --
S. 814. This legislation originally
extended the 10 year state corporate income tax moratorium
to companies that made qualifying investments in more than
one distressed county. The House amended S. 814 to authorize
a “super fee in lieu of tax” (FILOT) if a sponsor makes an
investment of $400 million in a project, creates at least
four hundred new jobs at the project, and the secretary of
commerce certifies that the project meets these
requirements. A “super FILOT” authorizes the county to
utilize a 4% assessment ratio for certain projects when
granting a FILOT.
T. Firefighter Protection Act --
S. 67. This
legislation protects a volunteer firefighter from dismissal
when responding to an emergency during employment hours. S.
67 was given a favorable report by a House LCI subcommittee.
U. Prisoner Workers’ Comp. --
S. 577. Municipalities
could cover prisoners for workers’ comp. and designated
facilities would be insured by the borrowing facility. This
bill was given a favorable report by a House LCI
subcommittee. |
|
6.
|
NACo Steering Committee Nominations |
|
Do you want a voice in creating the national legislative
policies of the National Association of Counties? Then
consider filling out a NACo nomination form to be appointed
to one of their 11 steering committees. The nomination
process for membership on NACo policy steering committees is
underway. As a steering committee member, you are
responsible for debating and creating national policies and
priorities affecting counties and serve as NACo’s front line
in their grassroots efforts. Committees meet at the
NACo legislative and annual conferences and one other time
during the year. You will be responsible for your own
travel.
Please contact Kathy Williams (kathy@scac.state.sc.us)
at the SCAC Offices if you would like to receive a
nomination form. Completed forms must be received by
SCAC no later than Friday, May 20. The
nominations will be processed by SCAC and forwarded to NACo
for approval by incoming NACo President Bill Hansell after
the NACo Annual Conference in July. Appointments will
be announced in September. |
|
7.
|
Planning/Zoning Officials Orientation Teleconference |
|
Over 1,100 municipal and county planning and zoning
officials from some 55 local entities participated in the
teleconference on Thursday. SCAC sponsored this
training as the first of two teleconferences to provide the
six hours of orientation training required for local
planning/zoning officials and employees. The second
teleconference is scheduled for Tuesday, August 23, from
9:00 a.m. to 12:30 p.m. Further information will be
sent to the counties in June.
SCAC will develop a schedule of rebroadcasts of Thursday’s
teleconference and publish that schedule as soon as it is
available. Counties will be notified of the dates and
times of these rebroadcasts as soon as they become
available. Please note that any rebroadcast will
require a participating local entity to have a proctor on
site. A proctor is a person who meets the statutory
exemption requirements and has filed an exemption form with
the clerk to council. |
|
Newly-Introduced
Legislation
|
Note: If you would like copies of any of the bills or if
you would like to offer comments to the SCAC staff, please call us toll-free at
1-800-922-6081 or fax us at 1 (803) 252-0379 or email us. Or, you can
view or download bills by clicking on the bill number.
|
HOUSE BILLS
H. 4064 -- Requires local governments to mail notice of a
public hearing to a landowner whose property is located
within a 500 foot radius of property which is subject to
being rezoned.
H. 4083 -- Joint resolution for a statewide referendum on
school start dates.
SENATE BILLS
S. 838 -- Provides that the maximum amount of property tax
must not exceed 1% of the assessed value of the property as
of December 31, 2006.
RATIFICATION OF
ACTS
The following bills have been passed by both chambers and
are now before the Governor for his signature or veto.
(R.67), S. 506 -- Permits counties to purchase a blanket
fidelity bond covering county officials and or employees.
(R.71), H. 3312 -- Revises the definition of the term “farm
truck.”
(R.72), H. 3347 -- Requires the State Election Commission to
adopt one voting system to be used to conduct elections in
the state.
(R.73), H. 3716 -- General appropriations bill.
|
|
|
|
The Senate will
not meet in full session next Tuesday and will resume a full
schedule on Wednesday. The House will meet on the
regular schedule. There are 12 legislative days left
in the 2005 session of the General Assembly.
Things will only get wilder from here. This is the
time period when “rabbits” appear from nowhere and get
attached to seemingly unrelated bills, bills which were on
the fast track get stalled, or bills which were considered
dead and gone come back to life and pass into law.
There will Legislative Alerts and phone calls made
requesting that you make contacts with members of the
General Assembly. Your timely response could be the
contact which makes the difference in a bill passing or not. |
|
|
|
1. |
Systemic Piecemeal Property Tax Changes
Move Forward -
H. 3703,
H. 3437 and
H. 3264 |
|
A. Property Tax Subcommittee Sends Other Bills to House
Ways and Means Committee.
The House Property Tax subcommittee of Ways and Means met
Thursday to begin looking at systemic property relief
proposals and to hear from authors of the main proposals
filed to date. They are primarily sales tax for property tax
swaps which address school operating funding. SCAC testified
in favor of the concept of the sales tax for school
operating property tax swap and offered to work with the
subcommittee and the various bill authors to accomplish that
goal. During the meeting, the subcommittee passed out two
bills which will greatly complicate property tax
administration, create unstudied inequities and make
systemic property tax relief much more difficult.
● Millage Rate Limitation and
Rollback Millage Calculation Change - H. 3703
This bill repeals the allowance in §6-1-320 for a regular
majority vote to increase the millage rate and requires a
positive majority vote after special public hearing and
notice to raise the millage rate every year, unless it is
raised for a natural disaster, to offset a deficit, or to
fund the EIA/EFA millage drivers. The bill also deletes the
current rollback millage calculation in §12-37-251(E) and
replaces it with a provision to require both operational and
bonded debt millage to be adjusted following reassessment
using a formula to give the amount of revenue produced in
the previous year plus the average revenue growth for the
preceding four years plus one percent. Please contact the
members of the
House Ways and Means Committee (roster attached) to ask
them to send this back to the Property Tax subcommittee to
consider as part of systemic property tax relief.
● Limiting Tax Bills to 15%
Increase Following Reassessment - H. 3437
This legislation limits the tax bill for 4% and 6% real
property to a 15% increase over the previous year. This is
accomplished by exempting enough of the property value limit
the tax bill. This is different from last year’s 15%
limitation bill because: it requires successive calculations
to be performed on each individual parcel to determine the
exemption amount and the millage rate increase; it creates a
much greater increase in the millage rate and resulting
shift to vehicles, boats, and other real property such as
manufacturing and utilities. It is not clear how many
property owners would receive a tax reduction or increase
under this proposal. Please contact the members of the
House Ways and Means Committee (roster attached) to ask them
to send this back to the Property Tax subcommittee to
consider as part of systemic property tax relief.
B. Property Tax Valuation Freeze for Owner Occupied Real
Estate - H. 3264. The House gave third reading to H.
3264, which freezes the valuation for owner occupied
residential property from time of purchase until it is sold.
A proponent of the bill explained that although concerned
about the property tax shift which would occur as a result
of this bill and the inherent inequities which result, he
thought passage was necessary to force the players in the
property tax debate to the table. One amendment allows
counties which implemented a reassessment program in 2004,
to vote to use 2003 valuations in the 2005 property tax
year.
Unfortunately, H. 3264 creates the illusion of property tax
reform but fails to deliver real lasting change. The
legislation does not address the school millage drivers, and
shifts the property tax burden to other classes of property.
In addition, this bill also has a detrimental impact upon
economic development and skews the school funding formulas
in the same manner that the 20% cap legislation from last
year did. |
|
2. |
Billboards -
H. 3381 |
|
The Senate Judiciary Committee overwhelmingly reported this
measure out to the floor. We still have not seen a reported
cost study showing how the value of the sign would be
calculated under the formula. We asked the sign lobby to
give us a copy but to date have not heard from them. Sen.
Lourie has placed a minority report on the bill which will
keep the legislation on the contested calendar for at least
6 days. But this thing is being “fast tracked” and we don’t
have many friends. Sen. Leventis indicated he would help us
and we will meet with he and Sen. Lourie next week. Please
ask your Senators to seek disclosure of the coat estimate
provided to Sen. Hawkins and ask them to support amendments
which will bring taxable value in line with the value the
sign lobby says you should pay for relocation or removal. If
the sign lobby says the signs are worth X dollars then they
should be taxed on that amount.
The major change was to change the grand fathering date for
existing ordinances to April 14, 2005. This was a last
minute amendment proposed by Sen. Elliott in response to a
memo sent out encouraging cities to pass sign ordinances
before the bill becomes law. |
|
3. |
Other Property Tax and Finance Related Legislation |
|
A. Municipal Capital Project Sales Tax Authorization -
H. 3350. The House of Representatives recommitted H.
3350 to Ways and Means committee this week. The legislation
authorizes municipalities to impose, subject to a
referendum, a one cent sales tax for capital projects. Reps.
Mac Toole, Ted Pitts, and Harry Ott took the floor to
explain that the passage of this legislation would cripple
any attempt to grant property tax relief using a sales tax.
A copy of the roll
call vote to table the motion recommit the bill is attached.
SCAC supported a “no” vote. Please let the members who
voted no know that we appreciate that vote and are working
to support systemic property tax relief with them.
B. School District Capital Project Sales Tax
Authorization -
H. 3227. This bill authorizes all of the school
districts in a county to impose a one cent sales tax for
capital projects. The legislation does nothing to correct
the most significant cause of spiraling school district
operating costs - the EIA/EFA millage drivers and is
currently on the contested House calendar pending second
reading. Please contact the members of the House to ask
that they also support a motion to recommit this bill to
Ways and Means Committee to allow the subcommittee formulating
a systemic property tax relief the option of using sales tax
revenue to replace property tax revenue. |
|
4. |
House and Senate Budget Conferees Meet |
|
The budget conference committee was named and met on
Thursday. House conferees are Reps. Bobby Harrell, Lewis
Vaughn, and Jim Battle. Senate conferees are Sens. Hugh
Leatherman, Harvey Peeler, and John Land. The committee has
already adopted all provisos and monetary lines which are
identical in both versions. Because there is little
difference in the two versions, it is anticipated that the
conference committee will work quickly, perhaps wrapping up
on Monday. A review of provisos of interest to counties can
be found in previous Friday Reports. |
|
5. |
Other Actions of Interest to County Officials |
| |
A. No Yacht (or Camper) Left Behind Act --
H. 3453. A Senate Finance subcommittee amended
H. 3453 this week and reported the bill out to full Finance.
The subcommittee deleted a provision in the bill that capped
the amount of property taxes due on a boat in one year to
$1500. This legislation still reduces the assessment
ratio on boats, campers, and trailers that qualify as second
homes from 10.5% to 6% in one fell swoop. This bill
therefore reduces the tax burden on persons fortunate enough
to own expensive watercraft, campers, and trailers and
shifts that burden onto all other taxpayers. The
legislation now has a fiscal impact of around $6 million per
year.
B. Sex Offender Registry --
H. 3328. A Senate Judiciary subcommittee gave
a favorable report to H. 3328. The House version of
the bill amends the sex offender registry to require a sex
offender to register in any county where they own real
property or attend any public or private school, requires
Corrections to provide SLED with a photo of the inmate prior
to the inmate’s release, and requires SLED to include and
cross-reference alias names. The Senate Judiciary
subcommittee adopted an amendment to require convicted sex
offenders to wear satellite tracking devices once released.
C. Retail Building Revitalization Incentives --
H. 3841. This legislation allows for a credit
against the real property taxes of an entity which
rehabilitates a shopping center, mall, or other retail sales
site. The legislation requires the consent of local
taxing entities to get the credit. A Ways and Means
subcommittee reported the bill out favorably with some minor
amendments and it will be on next Tuesday’s Ways and Means
Committee agenda.
D. Uniform Trust Code --
S. 422. The House Judiciary Committee
adjourned debate on S. 422. The bill provides a
comprehensive codification or recodification of much of
existing trust law and supplements existing common law
unless the code specifically contradicts it.
E. Uniform Voting Machines --
H. 3347. An amended version H. 3347 received
third reading in the Senate and was sent to the House which
concurred with the Senate amendments. H. 3347 is now
enrolled for ratification. The bill requires the State
Election Commission (SEC) to adopt one voting system to be
used to conduct elections in this state.
F. Bonding of County Officials --
H. 3513 and
S. 506. These bills allow counties to purchase
a blanket fidelity bond for all or a portion of county
officials or employees who are statutorily required to be
bonded. The House recalled S. 506 from the 3M
committee and placed it on the House calendar. H. 3513
is still in a Senate committee but may be recalled.
G. Golf Course Valuations --
S. 589. A House Ways and Means Committee gave a
favorable report to this bill which adopts parts of an ALJ
decision governing how golf course are valued when using the
income capitalization method. S. 589 will be on the
Ways and Means Committee agenda next Tuesday.
H. Traffic Ticket PTI --
S. 262. The Senate Judiciary Committee adopted
an amendment to make establishment of a traffic offense
diversion program in the solicitor’s office mandatory
statewide. The amendment allows, but does not require
that the solicitor contract with a city or county to provide
the educational or public service program, so several cities
which were seeking this legislation will not be guaranteed
to be able to continue their program. Another
amendment cobbled together by Judge Byars, head of DJJ and
Department of Public Safety staff would impose a second
entry fee on the program for which there is no reliable
fiscal impact statement and there is no provision for fine
revenue lost by the city or county. S. 262 is pending
second reading on the contested Senate calendar.
I. Casino Boats --
S. 615 and
H. 3694. The Senate gave second reading to S.
615. The bill authorizes counties and municipalities
to prohibit or regulate the operation of “cruise to nowhere"
casino boats. Local governments could impose a
surcharge of 10% on each casino boat ticket and a surcharge
of up to 5% of the boat’s gross proceeds. These
surcharges are payable to the local government from which
the cruise originated.
S. 615 is pending third reading on the contested
Senate calendar. H. 3694 is still pending second
reading on the House contested calendar.
J. Probate Judges Qualifications --
H. 3084. After considerable debate, the Senate
Judiciary Committee gave this bill a favorable report.
There were no amendments approved by the Committee. A
minority report on the bill places it on the contested
calendar, pending second reading.
K. Seatbelts --
S. 1. The House Education and Public Works
Committee gave a favorable report to S. 1. A committee
amendment deletes the previous provision to earmark all base
fine revenue for the state Amber Alert program, meaning that
fines will now remain with the jurisdiction which provided
the court to hear the charge.
L. Municipal Incorporation --
S. 318. The House Judiciary Committee gave a
favorable report as amended to S. 318. The bill
reduces the number of residents needed to form a town from
15,000 to 7,000 and would allow public lands and water to be
used to connect otherwise unconnected properties to be part
of the town. The amendment would require all new towns
of 7,000 or more to provide a full range of 9 municipal
services. |
|
6.
|
NACo Steering Committee Nominations |
|
Do you want a voice in creating the national legislative
policies of the National Association of Counties? Then
consider filling out a NACo nomination form to be appointed
to one of their 11 steering committees. The nomination
process for membership on NACo policy steering committees is
underway. As a steering committee member, you are
responsible for debating and creating national policies and
priorities affecting counties and serve as NACo’s front line
in their grassroots efforts. Committees meet at the
NACo legislative and annual conferences and one other time
during the year. You will be responsible for your own
travel.
Please contact Kathy Williams (kathy@scac.state.sc.us) at
the SCAC Offices if you would like to receive a nomination
form. Completed forms must be received by SCAC no
later than Friday, May 20. The nominations will
be processed by SCAC and forwarded to NACo for approval by
incoming NACo President Bill Hansell after the NACo Annual
Conference in July. Appointments will be announced in
September. |
|
Newly-Introduced
Legislation
|
Note: If you would like copies of any of the bills or if
you would like to offer comments to the SCAC staff, please call us toll-free at
1-800-922-6081 or fax us at 1 (803) 252-0379 or email us. Or, you can
view or download bills by clicking on the bill number.
|
HOUSE BILLS
H. 4022 -- Requires proof of citizenship to
register to vote.
H. 4030 -- Provides that a person who has served
10 years as a state constable meets the qualifications for
the office of sheriff.
H. 4047 -- Designates entities who are to receive
money from fines relating to alcohol related driving
offenses.
SENATE BILLS
S. 813 -- Establishes failure to stop a vehicle
when signaled by a law enforcement officer as a felony.
S. 814 -- Extends the 10 year corporate income
tax moratorium to taxpayers who create 100 new jobs and
invest at least $150 million in a manufacturing facility in
a second county designated as distressed or underdeveloped.
S. 821 -- Joint resolution for a statewide
referendum on school start dates.
S. 822 -- Requires that a rollback calculation
must be determined by dividing the prior year’s property tax
levy by a reasonable estimate of reassessed values.
RATIFICATION OF
ACTS
The following bills have been passed by both chambers and
are now before the Governor for his signature or veto.
(R.51), H. 3133 -- Constitutional amendment
outlawing same-sex marriages.
(R.52), H. 3257 -- Permits a retired or
discharged serviceman to remove his discharge certificate
from public record upon written notification to the clerk of
court.
(R.63), H. 3152 -- Enacts the Motion Picture
Incentives Act.
SIGNED BILLS
The following bills have been signed by the Governor into
law.
(R.46), S. 406 -- Provides various revisions to
the commercial driver’s license program so that the program
is administered by DMV in accordance with federal motor
carrier safety regulations.
(R.52), H. 3257 -- Permits a retired or
discharged serviceman to remove his discharge certificate
from public record upon written notification to the clerk of
court.
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