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... 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

 

 
 
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.
 
 1. Billboards -- H. 3381
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”.
 2. Efficient Tax Collection Act of 2005/DOR BAT Bill -- H. 3768
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.

 3. Tobacco Fines -- S. 384 and H. 3243
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.

4.

Millage Adjustments -- H. 3703
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.

5.

State Retirement System and Police Officer Retirement System Changes -- S. 618
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.

6.

Other Actions of Interest to County Officials
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.

 


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. 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.

 


 
 
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.
 
 1. Piecemealing . . . A Hard Habit to Break
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.
 2. Mental Health Admissions and Protective Custody -- H. 3412
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.
 3. State Retirement System and Police Officer Retirement System Changes -- S. 618
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.

4.

Other Actions of Interest to County Officials
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.

 


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.

 

 

 
 1. Systemic Property Tax Change Wins Out -- For the Most Part
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. 3453The 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. 3328The 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. 3454The 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. 3841This 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. 506This 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. 589The 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. 3362This 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. 3694H. 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. 3916The House Judiciary Committee adjourned debate on this proposal until January of 2006.

K. Seatbelts -- S. 1The 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. 318This 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. 3412The 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. 3543A 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. 722A 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. 723A 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. 3274A 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. 810A 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. 814This 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. 67This 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. 577Municipalities 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. 3453A 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. 3328A 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. 3841This 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. 422The 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. 3347An 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. 506These 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. 589A 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. 262The 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. 3694The 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. 3084After 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. 1The 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. 318The 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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