Friday Reports — February 2009
Issue 7-09 — Feb. 27, 2009
Issue 6-09 — Feb. 20, 2009
Issue 5-09 — Feb. 13, 2009
Issue 4-09 — Feb. 6, 2009
Issue 7-09 — Feb. 27, 2009
More than 100 county officials attended the SCAC Mid-Year Conference and the Wednesday press conference on the Local Government Fund (LGF), made visits with members of the General Assembly and hosted the legislative reception this week. Thanks to those who took the time to make the past week a time when we made good progress on this issue. This is the level of commitment which will be necessary to stop H. 3581. The coming week will be another critical time for making additional contacts and pressing your case to defeat H. 3581.
Suspension of the Local Government Fund (LGF) Formula — H. 3581
In order to cut the Local Government Fund (LGF) below the amount prescribed by the formula found in S.C. Code §6-27-30, separate legislation must be introduced to change the formula. H. 3581 is the bill to suspend the LGF formula. H. 3581 was adopted by the House Ways and Means Committee and has yet to be placed on the House calendar. We expect H. 3581 to be debated as early as Wednesday or Thursday of next week.
At the present time, our vote count indicates we need about 15 more solid commitments to defeat H. 3581. A number of representatives said, "We’re working on it," "I don’t support the $122 million cut," or something to that effect. When the follow-up question "Will you vote against H. 3581?" is asked, there is no definite answer given.
WE NEED A DEFINITE COMMITMENT TO VOTE NO ON H. 3581 FROM AT LEAST 65 MEMBERS TO BE ASSURED OF DEFEATING H. 3581.
WHAT CAN YOU DO TO PUT THE VOTE COUNT OVER THE TOP?
- Make that call or visit to your House members this weekend.
- Come to Columbia Tuesday for Lobby Day Tuesday, March 3—even if you aren’t scheduled for next Tuesday—to talk with your House member and other House members.
- Contact your local newspapers, radio stations and TV stations to explain the effects of this cut upon local services and tax rates. Offer an op-ed piece, and ask them to publish an editorial or article on this proposal.
- Share this information with municipal officials in your area; ask them to join the effort to defeat H. 3581.
Here are some points to remember when making those contacts:
- The LGF formula is 4.5 percent of the state general fund for the most recently completed fiscal year. This means that when the state general fund increases one year, the LGF increases the next year. Next year’s budget will already contain a reduction in the LGF to reflect this year’s drop in the state general fund.
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If the LGF formula is suspended in the House, the amount of the cut could change and grow at any point in the budget process. If the LGF formula is suspended this year, it will be easier to suspend it in following years. This is the cycle that Aid to Subdivisions fell into in the 1980s—Aid to Subdivisions dropped during several years, because it was frequently used to balance the budget bill in conference committee. This was one of the reasons the LGF formula was created in the first place.
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Even as the LGF is being cut in the budget, there are mandatory spending provisos in the same budget for Indigent Defense, DSS, DHEC, DHHS and other agencies. DHEC can be cut only if all other agencies receive the same cut, but the county library loses all of its state aid if cut below the level from two years ago.
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The revenue loss cannot be made up with property tax increases, because cuts are greater than the legal limit allowed under the hard millage caps. A chart showing the cuts by county, the amount of millage necessary to make up the revenue and the percentage millage increase that represents is enclosed. Keep in mind that the Consumer Price Index (CPI) portion of the millage rate cap is 3.8 percent, and the percentage increase in county population will be added to that. Even if the cut could be made up with property tax increases, that would be funding the state budget with property tax increases.
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Reserve accounts are not available in every county to make up operating revenue shortfalls next year because: 1) not every county has a sufficient reserve fund; 2) some counties may already be using reserve funds this fiscal year; 3) portions of the reserve accounts are required by bond underwriters; and 4) some amount of reserve is necessary to avoid tax anticipation notes in order to fund county operations from July 1 until real property taxes begin to be collected later in the year.
Assessable Transfers of Interest (ATI)/Point of Sale
This proposal to change the law on assessable transfers of interest (ATI) has the potential for a larger, long-term fiscal impact than the LGF cut discussed above. It is complicated, so we’ll try to explain it this week and explain the various proposals next week.
The value of real property for tax purposes may not rise more than 15 percent every five years under the state constitution. All value over that 15 percent cap is exempt from property taxes. The constitution provides that the cap is to be in place, unless an assessable transfer of interest (ATI) occurs. Currently, an ATI is a transfer by deed or other legal instrument or the sale of a majority interest in a legal entity (such as an LLC or corporation) owning real property. The cap can also be exceeded when there is an improvement made to property or a new structure is built. We are only addressing the ATIs which are due to transfers.
When an ATI occurs, the property transferred is then put on the tax rolls at its full fair market value. This was intentionally put into the law to minimize the long term effects of the 15 percent cap. This is also in keeping with the people who asked the General Assembly to "tax me on what I paid for the property and not unrealized gains."
The Board of Economic Advisors estimated that doing away with all ATIs due to transfers would have cost $45 million in property tax revenue statewide last year. Assume that County X has a loss of $2 million in revenue the first year and that transfers remain steady. The loss in Year 2 would be $4 million—$2 million from the property value still not not taxed which transferred in Year 1 and $2 million in revenue loss from property which transferred in Year 2. The loss in Year 3 would be $6 million and would increase by $2 million each year. In other words, the property value would be exempt in the year it transferred and remain exempt—with the number of properties being exempted increasing each year.
Not all property receives a benefit under the 15 percent valuation cap, and not all property which receives some benefit receives the same amount of exemption. If ATI is in effect repealed, then property which receives a benefit under the 15 percent cap will never be taxed at full fair market value, while many other properties are taxed on their full fair market value. For example: House A which has a fair market value of $200, but has a tax valuation of $100 because of the cap, would only be taxed on 50 percent of its true value. House B in another neighborhood which has a fair market value of $200, but is valued at $150 on the tax rolls because of the 15 percent cap, would pay taxes on 75 percent of its true value. House C in yet another neighborhood which is valued at $200, but gets no benefit from the 15 percent cap, would be taxed on 100 percent of its true value. This is unfair among the taxpayers. It also puts pressure on property tax rates when property tax values do not increase revenues. Thus, the property tax burden is shifted from some neighborhoods to other neighborhoods.
SCAC Lobby Days Schedule
This week's Lobby Day falls at a critical time, given the proposed LGF cut. Our focus will be on this issue. Regardless of the schedule, you are encouraged and welcome to come this week. Please mark your calendar, and plan to come to Columbia on the following Tuesday for the designated Lobby Day. Each Lobby Day will begin at 10 a.m. in the SCAC office with a briefing on the specific meetings scheduled at the State House and the issues that you might make the most impact upon. We will then adjourn at 11 a.m. to visit the General Assembly. It is also a good idea to schedule lunch with one or more of your delegation members.
March 3 – Abbeville, Beaufort, Chester, Georgetown, Sumter
March 10 – Chesterfield, Dorchester, Kershaw, Lexington, Newberry
March 24 – Aiken, Barnwell, Berkeley, Pickens, Richland, Saluda
March 31 – Clarendon, Colleton, Darlington, Edgefield, Marion
'Can't Wait to Get Your Friday Report or Missed Your E-mail Version This Week?
The Friday Report is usually available on the web by 3 p.m. on Friday. The Friday Report can also be sent to you directly via e-mail. We also use this e-mail list for Legislative Alerts. If you stop getting the e-mail version of the Friday Report, call us. We may have an old e-mail address that is no longer valid.
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, fax to 1 (803) 252-0379 or send e-mail. You can view or download bills by clicking on the bill number.
House Bills
H. 3601 – Provides for changes to provisions of the law regarding the crime of murder.
H. 3602 – Provides that a school district that adopts a procurement code give preference to resident vendors of South Carolina.
H. 3603 – Provides that a person who pollutes the waters of this state as defined by DHEC must give notice of the pollution in a manner prescribed by DHEC.
H. 3604 – Provides that a high school student who has reached the age of 17 be provided a voter registration form and be instructed in a classroom format, as determined by the school district, regarding the importance of voting.
H. 3605 – Requires eight candidates for electors of this state for the President and Vice President elections.
H. 3606 – Defines a short state ballot and short county ballot for purposes of the election laws.
H. 3607 – Deletes the requirement that one 16- or 17-year-old person may be appointed to a precinct for every two regular poll managers.
H. 3608 – Establishes early voting centers.
H. 3609 – Creates an elections study committee.
H. 3610 – Provides a spending cap beginning July 1, 2010 that limits state spending to not exceed in the aggregate the state general fund revenue collections from the previous fiscal year.
H. 3617 – A resolution that urges certain state agencies, as well as private organizations, to develop and implement policies and programs to help reduce obesity among South Carolina's youth.
H. 3620 – Provides that law enforcement will not charge a civic club, school or church organization with violating the law for conducting a raffle for the benefit of the organization.
Senate Bills
S. 465 – Establishes a study committee to look at changes to the South Carolina Retirement System and the Police Officers Retirement System.
S. 478 – Establishes a state health insurance plan for nonstate employees.
S. 479 – Prohibits a municipality from requiring annexation as a condition precedent to providing utility services.
S. 483 – Enacts the Local Option Tourism Development Fee Act.
S. 484 – Provides de minimis operations licensure requirements for nonresident professional employer organizations and groups.
S. 486 – Amends provisions of the laws regulating the S.C. Commission on Disabilities and Special Needs.
S. 494 – Imposes limits on any municipal or county ordinance, rule, regulation or resolution concerning forestry activities.
Issue 6-09 — Feb. 20, 2009
There is an all out assault on local funding going on at the State House. This edition of the Friday Report is limited to the basic issues of financing local services, because if you don’t have money or the means to raise money to pay for local services, it just won’t matter what the details of the services are.
Local Government Fund Slashed by $122 Million
Late last night, the Local Government Fund (LGF) was slashed by $122 million. That is a 42 percent cut and is the same funding level for FY 1994-95. A distribution sheet showing the amount of the cut and proposed funding level is attached. This data was distributed at the Ways and Means Committee meeting.
The House Ways and Means Committee voted 16-7 to adopt H. 3581, which is a separate bill solely for the purpose of suspending the statutory LGF formula. H. 3581 and the budget bill now go to the full House next week.
Those voting to slash the LGF were:
Reps. Barfield, Bingham, Cooper, Edge, Kirsh, Littlejohn, Loftis, Lucas, Merrill, Rice, Simrill, Murrell Smith, Roland Smith, White, and Young.
Those voting to honor the statutory formula were:
Reps. Battle, Clyburn, Cobb-Hunter, Kennedy, Joe Neal, Neilson, and Ott.
Absent were:
Reps. Herbkersman and Mike Pitts.
When the budget bill was voted upon, the line items reflected a $122 million cut in the LGF. An amendment was offered to put a temporary cigarette tax in place to replace the $122 million cut from the LGF, but it failed on a 17-6 tabling motion (Those voting to fund the LGF with the cigarette tax were Reps. Bingham, Limehouse, Lucas, Merrill, Simrill, and Murrell Smith).
As you can see from the two roll calls, the LGF is being alternatively used for leverage or a battering ram, and the result jeopardizes local services and employees. When you talk with the members who voted and they explain their votes, you should politely but firmly point out that the bottom line result is a cut in money going to local services.
The LGF formula is 4.5 percent of the state general fund for the most recently completed fiscal year. When the state general fund goes up, so does the LGF. When the state general fund goes down, so does the LGF. Aid to Subdivisions, now the LGF, started purely as property tax relief and continues as property tax relief.
Comments made during the debate included rationales to the effect:
- "My council voted to spend money on ___" to justify a vote to slash the LGF.
- "State agencies are being funded at FY 2005-06 levels." After the cut, the LGF is at FY 1994-95 levels.
- "I don’t think local governments should get 4.5 percent of the general fund in these trying times."
- "The LGF goes up every year." This is false, the LGF will drop next year, when it reflects the drop in the state general fund. The only reason the LGF has increased is because the state general fund has increased, and there are a lot of state spending increases not included in the state general fund.
WHAT NEEDS TO BE DONE?
DEFEAT H. 3581, WHICH SUSPENDS THE LGF STATUTORY FORMULA. A vote on H. 3581 is purely a vote on whether to honor the statutory formula for the LGF without getting into the back and forth of how to fund the state budget and the LGF. Ask your House member(s) to object to H. 3581 when it gets to the House floor and vote against H. 3581.
CONTINUE MAKING CONTACTS WITH ALL HOUSE MEMBERS.
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Call your House member this weekend to explain what happened at the Ways and Means Committee meeting and how it affects their constituents’ service and the county employees in their district.
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Present House members with the facts of how failing to honor the statutory LGF formula affects local services, employees and local tax rates. Tell members how much of the county budget cannot be cut, because of other laws on the books.
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Plan to be at the Mid-Year Conference next week for a more detailed briefing and trips for personal meetings at the State House.
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Plan to come to the State House when H. 3581 and the budget are debated.
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Contact your local newspaper editor to let them know what has happened and what the effects of the cuts are in their circulation area.
Assessable Transfers of Interest (ATI)/Point of Sale
There are now several bills which have been filed in the House and Senate which address assessable transfers of interest (ATI) or point of sale. Some of the people who receive the benefit of the 15 percent cap on assessed value are now saying they are having trouble selling their property, because the buyers are balking—since Act 388 requires the new owner to be taxed on the fair market value of the property after the sale.
Under Act 388, when property is sold, the value for property tax purposes is reset at the fair market value; and the new owner of the property receives the benefit of the 15 percent cap going forward. This was intended to offset the loss of revenue from the 15 percent cap and the hard millage rate caps. If property tax revenue does not grow with the growth in the value of the tax base, the tax rate is where the growth in revenue comes from to pay for increased costs of service.
Here are several points that are important to bring to the House members’ attention:
- With the 15 percent cap, disparities in valuation will still exist. Properties in fast appreciating areas will be taxed on a much lower percentage of their fair market value than properties which receive little or no benefit from the 15 percent cap.
- The costs of reprogramming, refunds and future revenue loss in many instances cannot be completely made up through millage rate increases under the hard millage cap passed as part of Act 388.
- When the hard millage rate cap and the 15 percent valuation cap were enacted, it was said that revenue growth as a result of ATI would offset any problems. Proponents of the 15 percent cap in valuation repeatedly said that the exempted value of properties would never be a great amount in the long run, because properties turn over every seven years on average.
- The taxpayers who asked for Act 388 consistently said, "Tax me on what I paid for the property and not unrealized gains. I can plan for property taxes when I know they are based on what I paid, and that valuation can’t grow more than 15 percent every five years."
- Eliminating the growth in revenues by recognizing the fair market value after an ATI will increase pressure on millage rates, thereby shifting the tax burden to other property owners—many of whom receive no benefit from the 15 percent cap on valuation.
WHAT CAN YOU DO? 1) Get an idea of last year’s revenue growth attributable to the ATI in your county and the cost to reprogram computers from your assessor. 2) Contact members of the General Assembly and let them know the impact of doing away with ATI on the county. 3) Let municipal and school officials know what the potential fiscal impact of doing away with ATI will be, and encourage them to contact members of the General Assembly.
Tax Realignment Commission — S. 12
S. 12 started as a study committee to look at sales tax exemptions. After debate in the Senate Finance Committee, it grew into a study of local taxes as well. S. 12 states that "for purposes of the scope of the commission’s study, local taxes are defined as local levies related to ad valorem taxation, including, but not limited to, assessment ratios, classification and valuation of property, assessable transfers of interest, valuation limitation, local millages and fee in lieu of taxes agreements."
During the debate in committee, several members made statements to the effect that certain aspects of property taxes were a problem. The end result is the impression that there is a fundamental misunderstanding of how one part of the property tax equation affects the other parts of the equation. At no point was there an acknowledgment that statutory requirements to fund certain services affect that equation as well. All of this is mentioned to show that we need to do a better job of communicating with the members of the General Assembly the effects of these various isolated changes to the local government financial system.
S. 12 is in the status of interrupted debate on the Senate floor and will be debated next week.
2009 SCAC Mid-Year Conference, Legislative Reception
and Institute of Government
- Mid-Year Conference and Legislative Reception to be held Wednesday, Feb. 25. The Mid-Year Conference will be held at Embassy Suites Hotel in Columbia. A flyer and registration information are attached. There will be a briefing on the Local Government Fund an ATI/Point of Sale. This is also the easiest time to meet with House and Senate members to discuss these issues. SCAC will also host the General Assembly at a reception Wednesday evening, Feb. 25 at Embassy Suites Hotel.
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Institute of Government classes will be held Thursday, Feb. 26. These informational courses are open to all county officials. There is a separate registration for these courses, and those materials are available online. Course offerings include Orientation to County Government, Developing Good Leadership Skills, Public Speaking, Financial Management and Decision-Making in a Political Environment.
'Can't Wait to Get Your Friday Report or Missed Your E-mail Version This Week?
The Friday Report is usually available on the web by 3 p.m. on Friday. The Friday Report can also be sent to you directly via e-mail. We also use this e-mail list for Legislative Alerts. If you stop getting the e-mail version of the Friday Report, call us. We may have an old e-mail address that is no longer valid.
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, fax to 1 (803) 252-0379 or send e-mail. You can view or download bills by clicking on the bill number.
House Bills
H. 3540 –Enacts the South Carolina Truth in Spending Act.
H. 3543 –Requires the S.C. Department of Education to develop a model dating violence policy for the school districts.
H. 3544 – Allows a charitable organization to conduct two raffles in a calendar year for the benefit of the organization without being charged by law enforcement.
H. 3545 – Provides that an officer in the militia, notary public, delegate to a constitutional convention, law enforcement officer or corrections officer who also holds a local office is not considered a dual officeholder.
H. 3546 – Amends the Constitution so that a commissioned law enforcement officer or corrections officer employed by a county in which they do not reside and who holds an office in their resident county is not considered a dual officeholder.
H. 3550 – Revises the Building Energy Efficiency Standard Act.
H. 3553 – Provides that a statute of limitations or a statute of repose does not apply to an action brought by the state or for the benefit of the state.
H. 3554 – Authorizes the General Assembly to accept Federal Stimulus Funds, if the Governor does not request the funds for this state.
H. 3558 – Provides for conforming amendments to reflect an increase in the amount of funds to be held in the General Reserve Fund to reflect general obligation bond debt service and the rate of replenishment.
H. 3559 – Amends the constitution to require an additional amount equal to one quarter of 1 percent of State General Fund revenue in the latest completed fiscal year to be held in the General Reserve Fund in succeeding fiscal years each time legislation is enacted that cumulatively raises by at least 1 percent the amount of General Fund revenues of the preceding fiscal year used to service state debt.
H. 3563 – Requires the courts to dismiss a post conviction relief action that is successive or on the grounds of misuse of process.
H. 3564 – Makes it unlawful for a jail or detention center to monitor and record the telephone conversations of an inmate and his legal counsel or to release to the public recorded conversations between an inmate and another person, unless it is necessary to protect the public from criminal activity.
H. 3565 – Provides that an ordinance reducing the salary of a county council member is effective upon third reading of the ordinance unless provided otherwise.
H. 3567 – Provides that a preexisting rental agreement does not terminate upon the subsequent foreclosure of the landlord’s mortgage.
H. 3577 – Amends the South Carolina Water Withdrawal, Permitting, Use and Reporting Act.
H. 3579 – Provides for quarterly election dates for conducting referenda or other ballot questions for all entities authorized to conduct them.
H. 3581 – A joint resolution to provide for FY 2009-10 for the functions and funding of certain local government matters.
H. 3584 – Imposes a cigarette tax increase in the amount of 2.5 cents per cigarette.
H. 3586 – Enacts the South Carolina School Facilities Infrastructure Act.
H. 3587 – Enacts the Citizens Participation in Government Act of 2009.
H. 3588 – Provides that it is unlawful for an operator or an adult passenger of a motor vehicle to leave the vehicle for more than five minutes when an unattended child is inside the vehicle.
H. 3590 – Enacts the Local Option Tourism Development Fee Act.
Senate Bills
S. 427 – Deletes the requirement that the various copies of traffic tickets be certain colors.
S. 431 – Creates the South Carolina Economic Development Research Committee.
S. 432 – Extends the existence of the Sentencing Reform Commission from June 1, 2009 until Feb. 1, 2010.
S. 435 – Exempts an amount of the fair market value of property as determined by the appraisal resulting from an assessable transfer of interest, so as to cap the fair market value increase to 15 percent of its value on the assessor’s books.
S. 436 – Amends the laws, so that certain property may be forfeited for engaging in prostitution.
S. 438 – Enacts the South Carolina Clean Elections Act.
S. 439 – Authorizes a procedure whereby a candidate for elective office may finance his campaign with public funds as the General Assembly determines.
S. 440 – Creates the South Carolina Clean Elections Study Committee.
S. 441 – Amends the State Constitution to allow a candidate to finance his campaign with public funds as the General Assembly determines.
S. 452 – Amends provisions of the South Carolina Surface Water Withdrawal and Reporting Act.
S. 453 – Prohibits counties from enacting ordinances or regulations concerning the care and handling of livestock and poultry.
Issue 5-09 — Feb. 13, 2009
Full Ways and Means Begins Work on the Budget
The House Ways and Means Committee spent its time on provisos this week. Provisos are the one-year temporary laws contained in the budget bill. The committee adopted all of the proviso subcommittee’s recommendations, amending a handful as requested by the budget subcommittee chairmen.
The Board of Economic Advisors (BEA) reduced the revenue projection by $180 million this week. It is uncertain how the committee will deal with the new shortfall. There is some expectation that the federal stimulus bill will help to some degree. The committee will address the money portions of the budget next week.
The Local Government Fund (LGF)
has yet to be discussed. No legislation has been filed to change the statutory formula and no funding level has been discussed. Now is the time to contact members of the House, especially the members of the Ways and Means Committee, to let them know how important the LGF is to your county. A committee roster is attached.
Proviso 89.72 (Assessment Audits)
– This proviso was amended and now authorizes the State Office of Victim Assistance (SOVA) to perform programmatic reviews on any entity which receives victim assistance money, primarily fine assessments. If SOVA decides that an entity has spent victim assistance money on unauthorized items, they have 90 days to rectify the error. If the entity fails to rectify the error to SOVA’s satisfaction, SOVA may notify the State Treasurer who "shall withhold 25 percent of the entity's aid to subdivisions" until SOVA notifies the State Treasurer that the entity has rectified the error. SOVA is given the additional authority to assess and collect a penalty of $5,000 against the entity for improper expenditures in a fiscal year.
This proviso creates several problems at the county level:
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The proviso fails to explain what will trigger a programmatic review.
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SOVA is not an impartial finder of fact.
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SOVA is allowed to determine a violation and assess penalties with no redress for the local government, if there is a dispute over what constitutes "unauthorized items" under the law.
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The proviso withholds aid to subdivisions monies, even if the county has no control over the entity providing victim’s services.
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What happens if the solicitor gets victim assessment money from the county, SOVA says they incorrectly spent the money, and the county gets its LGF money withheld?
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If a city and county utilize the same provider of victim services, are both entities aid to subdivisions withheld?
Please contact members of the Ways and Means Committee and your House members and ask that they delete the amendment to Proviso 89.72.
Proviso 85.1 (Salary Supplements) – This proviso was amended by the committee to exempt the salary supplements for clerks of court, probate judges, sheriffs, register of deeds, coroners, auditors and treasurers from across-the-board cuts mandated by the Budget and Control Board or General Assembly.
Proviso X (TERI Program Closure) – This proviso was unanimously adopted and would prohibit any new applications to enter the TERI program as of July 1, 2009. There is no mention of the similar program for law enforcement (LERI).
Proviso 37.5 (DNR: Proportionate Funding) –
The subcommittee amended this proviso which used to direct that a proportionate share of funds, at $15,000 per district, be allocated to each of the State’s 46 Soil and Water Conservation Districts for general assistance to the district’s programs. The amendment deletes the specific $15,000 per district amount and increases the minimum funding required from the counties within a district from $300 to $1,000 in order for the district to receive this money.
Proviso 47.caa (Defense of Indigence Civil Application Fee)
– The proviso requires a person applying for a court appointed attorney in a termination of parental rights (TPR), abuse and neglect, or other civil court action to pay a $40 application fee. The clerk of court or other appropriate official is required to collect the application fee and remit the proceeds to the Commission on Indigent Defense on a monthly basis.
Proviso 80A.37 (First Responder Interoperability)
– This proviso directs the Division of State Information Technology to administer and coordinate First Responder Interoperability operations for the statewide Palmetto 800 MHz radio system. The proviso was amended to delete the specific match requirement of 67 percent to receive grant funds to purchase 800 MHz systems. The proviso now directs the Division of State Information Technology to establish the level of required match each year based on the funding provided.
In the Senate: The Senate Finance budget subcommittees have begun meeting to hear from agencies on their budget performance last budget year and consider budget requests for next budget year. There are several budget subcommittees scheduled for next week.
Assessable Transfers of Interest (ATI)/Point of Sale — H. 3272
H. 3272 will probably not be taken up again until after the budget is completed on the House side. The subcommittee amendment to rewrite H. 3272 is not available. H. 3272, as introduced, delays recognition of assessable transfers of interest (ATI) until implementation of a reassessment program. The upshot is that there would be no recognition of the fair market value previously exempted under the 15 percent cap in a manner which results in growth in the tax revenue. This is a potentially large fiscal impact to the county, municipalities and schools. In addition, there would be substantial reprogramming costs to undo what was programmed last year. Finally, H. 3272 would open the refund request window for ATI which were recognized since the implementation of Act 388.
Here are several points that are important to bring to the House members’ attention:
WHAT CAN YOU DO? 1) Get an idea of last year’s revenue growth attributable to the ATI in your county and the cost to reprogram computers from your assessor. 2) Contact the members of the House Ways and Means Committee, particularly the subcommittee members noted on the attached roster, and let them know the impact of doing away with ATI on the county. 3) Let municipal and school officials know about the potential fiscal impact of H. 3272 and encourage them to contact the members of the House Ways and Means Committee.
Other Tax and Revenue Items
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$5 Traffic Ticket Surcharge – S. 314. S. 314 adds an additional $5 surcharge on misdemeanor traffic offenses and nontraffic violations to fund the S.C. Criminal Justice Academy. A Senate Judiciary subcommittee adopted an amendment to deduct from the Local Government Fund any fines collected by the county that had not been turned over to the state. Problems similar to those created with the victim revenue SOVA audits are created here. Fine revenue is already subject to the original portions of the budget proviso on fine revenue accountability. S. 314 will be before the Senate Judiciary Committee at its next meeting.
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Property Tax Penalty Waiver – S. 278. This bill passed the Senate and is now in the House. The bill was amended on the Senate floor. S. 278 now allows county council to pass a resolution which creates criteria for the officials charged with collection of property taxes to waive or reduce late penalties on delinquent property taxes for property tax years 2008 and 2009, as long as full payment is made by April 15 of the applicable tax year. Prior to introduction of the resolution, each local taxing entity whose taxes are collected by the county must notify the county of its consent to the resolution. It is not clear whether the consent language means that no resolution can be considered by council or that the waiver or reduction only applies to those portions of the tax bill for which consent was received. The waiver criteria must apply to all classes of property and refunds of penalties must be given for any penalties paid prior to the resolution.
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State Spending Limits/Budget Stabilization Fund – S. 2. A Senate Finance subcommittee began consideration of the constitutional amendment which came out of state spending limit discussions last year. There was no mention of addressing local budgets, and it is really looking at state reserve accounts and capping state revenues available to be appropriated each year. The subcommittee will meet again next Tuesday.
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Accommodations and Hospitality Tax Bonds – S. 304. This legislation explicitly authorizes the pledge of local accommodations and hospitality taxes to repay bonds. S. 304 does not expand or change the uses of these revenue streams. The bill makes it clear that the revenue can be used to repay bonds. Revenue bonds are generally a cheaper way to finance capital improvements than a lease-purchase agreement or other mechanisms. CORRECTION: S. 304 was not given a final decision last week and is not scheduled for this week’s Senate Finance Committee agenda.
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Accommodations and Hospitality Tax Operations Revenue – S. 332. This bill would allow counties with less than $900,000 in state accommodations tax revenue to use up to 50 percent of their local accommodations and hospitality tax revenue for operations and maintenance of tourist-related buildings. A Senate Finance subcommittee sent S. 332 to the full Finance Committee this week without a recommendation and asked all interested parties to reach a compromise. The Hospitality Association has suggested changing the statutes to allow a county to place half of the revenue into its general fund and requiring the balance to be spent on tourism advertising in a manner to be determined by the local chamber or the CVB. Existing construction projects using accommodations and hospitality taxes would be grandfathered. S. 332 is not scheduled for the Senate Finance Committee next Tuesday.
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School Impact Fees – S. 240. This bill would redefine the term "public facilities" in the existing impact fee statute to include school facilities. At a Senate Finance subcommittee meeting, the author of the bill stated that he had a local bill to address his county and that S. 240 was not necessary. He also stated that if a statewide bill did become necessary, he would offer an amendment to give the school district the authority to impose the fee without county or city approval. S. 240 was given an unfavorable report and is not scheduled for next Tuesday’s Senate Finance Committee.
Election Items
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Multi-Party Candidates – H. 3067. This bill requires that a candidate for office may file only one statement of intention of candidacy. The bill received a favorable report from the House Judiciary Committee and is pending second reading on the contested House calendar.
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Voter Photo ID – H. 3418. H. 3418 would require a person who presents himself to vote to produce a driver’s license or an ID issued by DMV. The bill was amended in the House Judiciary Committee to provide that the DMV ID would be issued at no cost. The bill received a favorable report from the House Judiciary Committee and awaits second reading on the House floor.
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Poll Worker Retirement – S. 241. This bill would exempt poll worker wages from state retirement withholdings (unless they are otherwise in the Retirement System) and provide an income tax deduction for poll worker wages. A Senate Finance subcommittee carried over S. 241 in order to obtain a fiscal impact for the income tax deduction allowed under this bill.
Courts and Law Enforcement Items
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Family Court Financial Privacy – S. 146. This measure provides for the sealing of family court financial declaration forms and exempts them from disclosure under the Freedom of Information Act. S. 146 was given a favorable report by the Senate Judiciary Committee and is pending second reading on the contested Senate calendar.
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Access to Jailed Clients – H. 3343. This bill provides that a jail shall provide attorneys access to their clients from 8 a.m. until 6 p.m. SCAC requested an amendment to give jail administrators discretion to delay or deny access during a lockdown, meals or other practical situations. Another amendment was proposed to require 24-hour attorney access to clients. Both amendments were adopted in the House Judiciary subcommittee, and the bill will be heard before the full House Judiciary Committee next Tuesday.
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Expungement of Criminal Records – H. 3022. The bill, requires requires a defendant found not guilty or against whom charges are dismissed to have their record expunged free of charge. In all other cases, a $250 fee payable to the Solicitor’s office will be assessed. The House Judiciary subcommittee adopted an amendment which is not yet available and was not really discussed in subcommittee and gave it a favorable report. The subcommittee did not adopt the request to allow jails to keep admission and medical records under seal for three years or to provide a portion of the fee to cover the cost of expungement in the jail. It is on the full House Judiciary Committee agenda next Tuesday.
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Animal Control Officers – H. 3137. This bill gives animal control officers custodial arrest authority. The bill was reported out of the House Judiciary Committee, passed the House and is now in the Senate Judiciary Committee.
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Sentencing Reform Committee. This group had its initial meeting on Feb. 11. It is composed of three judges, three senators, three house members and the Director of Corrections. Sen. Malloy is the chairman. The Committee is charged with reviewing current sentencing practices, alternatives to incarceration and programs utilized in other states. Its next meeting is Feb. 26. A final report is tentatively scheduled for February, 2010.
Land Use and Regulatory Codes
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Landfill Regulation – R. 3198. Known as the "demonstration of need" regulation, this proposal sets standards for determining whether a facility is needed. It currently contains safeguards requested by SCAC which protect county land use requirements and grandfathers existing county landfills under provisions for relocation and expansion. At the request of DHEC, debate was adjourned in a House Agriculture subcommittee pending a report of a task force studying tonnage limits. The time which elapses during the study will count towards the time period in which the legislature must act or the regulations become law.
- Building Inspectors – S. 268. This bill would create a special inspector to be registered by the state to be authorized to perform specialized building inspections throughout the state. S. 268 received second reading in the Senate.
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Assault on Code Enforcement Officers – S. 315. This bill would make it a crime to assault or batter a code enforcement officer. A Senate Judiciary subcommittee carried over S. 315.
State Retirement System and Health Plan Issues
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Obesity Health Cost – S. 109. This bill would impose an additional $25 per month per covered individual healthcare charge for employees who participate in the state health care plan if the employee is obese. After much discussion on what criteria would determine obesity, S. 109 was carried over by a Senate Finance subcommittee.
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30 Year Retirement – S. 212. S. 212 would raise the retirement limit from 28 years to 30 years for those system members who have not yet vested or are newly-hired. The bill would also allow a person in the retirement system to purchase five years of service credit instead of three years. S. 212 was carried over by a Senate Finance subcommittee.
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Repeal of TERI – S. 242. S. 242 would close new participation in the TERI beginning on July 1, 2009 and would close the program on July 1, 2012, except for the distribution of program accounts existing on that date. This bill was carried over by a Senate Finance subcommittee. There was discussion about making county employees that participate in the TERI program at will employees, which could result in altering county employee policies and procedures.
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Organ Donation Leave Time – S. 345. This is a cleanup bill that would change the permitted leave time a county employee may use for recovery from organ donation from 30 days in a fiscal year to 30 days in a calendar year. S. 345 received a favorable report by a Senate Finance subcommittee.
SCAC Lobby Days Schedule
Please mark your calendar, and plan to come to Columbia on the following Tuesday for the designated Lobby Day. You may certainly come on a different or additional Tuesdays, if your schedule allows or requires it. Each Lobby Day will begin at 10 a.m. in the SCAC office with a briefing on the specific meetings scheduled at the State House and the issues that you might make the most impact upon. We will then adjourn at 11 a.m. to visit the General Assembly. It is also a good idea to schedule lunch with one or more of your delegation members.
Feb. 17 – Bamberg, Cherokee, Horry, Lancaster, Marlboro
March 3 – Abbeville, Beaufort, Chester, Georgetown, Sumter
March 10 – Chesterfield, Dorchester, Kershaw, Lexington, Newberry
March 24 – Aiken, Barnwell, Berkeley, Pickens, Richland, Saluda
March 31 – Clarendon, Colleton, Darlington, Edgefield, Marion
What's Coming Up Next Week?
Listed below are the committee and subcommittee meetings of interest which were posted at the time the Friday Report was written. There are continuous updates posted to www.scstatehouse.gov.
The Senate Finance Committee will meet Tuesday
at 3 p.m. in Gressette Building Room 308 to consider
S. 345, relating to organ donor leave, among two other bills unrelated to local government.
The House Judiciary Committee will meet Tuesday
at 2:30 p.m. in Blatt Building Room 516 to consider
H. 3343 to require attorney access to jailed clients and
H. 3022 relating to expungement of criminal records.
A House Agriculture subcommittee will meet Wednesday
at 9 a.m. in Blatt Building Room 410 to consider
H. 3270 which increases underground storage tank fees to fund the SUPERB Fund.
A Senate Corrections subcommittee will meet Thursday
at 9 a.m. in Gressette Building Room 209 to consider
S. 217 to update Title 24 relating to local detention facilities.
A Senate Judiciary subcommittee will meet on Thursday
at 9:30 a.m. in Gressette Building Room 105 to consider
S. 243 to create an expedited tenant ejection procedure and provide courses for courts, law enforcement and landlords, paid for with court revenue and court fees.
A Senate Judiciary subcommittee will meet on Thursday
at 10:30 a.m. in Gressette Building Room 207 to consider
S. 364 to create the Volunteer Strategic Assistance and Fire Equipment Program, a grant program for fire equipment and training.
2009 SCAC Mid-Year Conference, Legislative Reception
and Institute of Government
- Mid-Year Conference and Legislative Reception to be held Wednesday, Feb. 25. The Mid-Year Conference will be held at Embassy Suites Hotel in Columbia. A flyer and registration information are attached. SCAC will also host the General Assembly at a reception Wednesday evening, Feb. 25 at Embassy Suites Hotel.
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Institute of Government classes will be held Thursday, Feb. 26. These informational courses are open to all county officials. There is a separate registration for these courses, and those materials are available online. Course offerings include Orientation to County Government, Developing Good Leadership Skills, Public Speaking, Financial Management and Decision-Making in a Political Environment.
'Can't Wait to Get Your Friday Report or Missed Your E-mail Version This Week?
The Friday Report is usually available on the web by 3 p.m. on Friday. The Friday Report can also be sent to you directly via e-mail. If you stop getting the e-mail version of the Friday Report, call us. We may have an old e-mail address that is no longer valid.
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, fax to 1 (803) 252-0379 or send e-mail. You can view or download bills by clicking on the bill number.
House Bills
H. 3467 – Authorizes a payroll deduction for state employees for dues to the South Carolina Fraternal Order of Police.
H. 3468 – Establishes the Emergency Medical Services for Children Advisory Committee.
H. 3470 – Creates a surtax on each cigarette in an amount of 2.5 cents.
H. 3471 – Imposes an additional tax on cigarettes in the amount of $2.25 on each cigarette.
H. 3479 – Provides a formula for the calculation of rollback millage.
H. 3480 – Provides a procedure for determining the fair market value of real property.
H. 3481 – Amends the procedures for determining when real property must be appraised and what an assessable transfer of interest in real property should include.
H. 3482 – Exempts all property tax, including aircraft, for a company engaged in the air transport of specialized cargo.
H. 3486 – Imposes a surtax on each cigarette that would raise the tax on a pack of cigarettes to the southeastern average.
H. 3487 – Provides that a leave donor under the state employees leave transfer program may donate sick leave or annual leave or both to a specific leave recipient.
H. 3488 – Establishes a committee to study certain issues affecting veterans.
H. 3490 – Requires a county to provide a bond hearing to a person charged with a bailable offense within 24 hours of their arrest.
H. 3497 – Creates a study committee to study and report to the General Assembly with recommendations regarding the practice of debt collection and recovery agencies.
H. 3500 – Provides that the execution of a judgment for ejectment may not occur until at least seven days has lapsed from the date on which the magistrate issued the order.
H. 3501 – Establishes the Disaster Assistance Trust Fund.
H. 3509 – Provides a concurrent resolution to affirm the rights of all states, including South Carolina, based on the provisions of the ninth and tenth amendments to the U.S. Constitution.
H. 3516 – Revises the definition in regard to the consolidated procurement code, including the definition of a term contract.
H. 3517 – Establishes a statewide tipping fee on the disposal of solid waste in a landfill.
H. 3518 – Authorizes a procedure by which a candidate for elective office may finance his campaign with public funds as the General Assembly determines.
H. 3519 – Establishes the South Carolina Clean Elections Study Committee.
H. 3520 – Provides a procedure by which certain candidates for office who agree to limitations on contributions to receive a predetermined amount of public funds for campaigns.
H. 3522 – Repeals the provisions of state law relating to the creation of the coastal zone management appellate panel.
H. 3523 – Prohibits smoking in all public indoor places.
H. 3524 – Provides that a grocery store must use its customer database, upon notice of a recall of a food item, to contact customers who purchased the food item within 30 days of the issuance of the recall.
H. 3525 – Provides that cable companies that make a channel available to ETV must also offer a cable service tier that allows subscribers to choose channels on an individual per-channel basis.
H. 3528 – Exempts property taxes for one year on the owner-occupied residence of a member of the military who during the tax year is deployed to a combat zone.
H. 3533 – Reenacts certain provisions of the “Carnell-Felder” spending limit for purposes of limiting the annual general fund appropriations by the General Assembly.
H. 3536 – Increases the qualification requirements for coroners.
Senate Bills
S. 395 – Revises the manner in which weightings used to provide for relative cost differences between students are determined, and revises the manner of school district funding under the Education Financing Act of 1977.
S. 397 – Prohibits a Senator, their family members and legal associates from representing someone before a magistrate that the Senator recommended for appointment.
S. 405 – Clarifies that a water craft and its motor may not receive a forty-two and 75/100 percent exemption, if the boat or water craft is classified as primary or secondary residence for property tax purposes.
S. 406 – Reduces the number of instruction hours needed each year for assessors with an active license or certification from nine hours to seven hours.
S. 411 – Enacts the “Uniform Expungement of Criminal Records Act.”
S. 412 – Provides that the title and bill of sale for a mobile home must contain a statement advising a purchaser of a mobile home to consult with the assessor’s office to determine if there are back taxes due on the mobile home.
S. 413 – Revises the method of disbursal of funds derived from tolls in this state.
S. 418 – Authorizes the boards of state and county canvassers to conduct meetings by telephone or electronic communications.
S. 424 – Provides a concurrent resolution to affirm South Carolina's sovereignty under the tenth amendement of the U.S. Constitution over all powers not enumerated and granted to the federal government.
Issue 4-09 — Feb. 6, 2009
The full Senate met on Tuesday only this week, but it was a busy time for subcommittee and committee meetings. The House met in full session this week and had numerous committee meetings. Both the House and Senate will be in full session all next week. The Senate has indicated that they will work on bills on the contested calendar Wednesday.
Assessable Transfers of Interest (ATI)/Point of Sale — H. 3272
The House Ways and Means Property Tax Subcommittee held a hearing on H. 3272 to delay recognition of assessable transfers of interest (ATI) until implementation of a reassessment program. The upshot of H. 3272 is that there would be no recognition of the fair market value previously exempted under the 15 percent cap in a manner which results in growth in the tax revenue. This is a potentially large fiscal impact to the counties, municipalities and schools. In addition, there would be substantial reprogramming costs to undo what was programmed last year. Finally, H. 3272 would open the refund request window for ATI which were recognized since the implementation of Act 388. A Legislative Alert was sent out Monday and several counties sent officials to the meeting and provided impact data from their county—THANKS. The subcommittee is trying to draft an amendment to rewrite H. 3272 and may meet again next week.
Here are several points that are important to bring to the House members' attention:
WHAT CAN YOU DO? 1) Contact members of the House Ways and Means Committee, particularly the subcommittee members noted on the attached roster, and let them know the impact of doing away with ATI upon your county. 2) Let municipal and school officials know about the potential fiscal impact of H. 3272, and encourage them to contact members of the House Ways and Means Committee.
House Budget Subcommittee Work Completed;
Full Ways and Means to Begin Next Week
The Ways and Means budget proviso subcommittee met this week to consider all provisos adopted by the budget subcommittees, as well as any proviso that a member of the proviso subcommittee wanted to present. House Ways and Means will begin their deliberations on the budget on Tuesday.
The Local Government Fund (LGF) has yet to be discussed in budget proceedings. No legislation has been filed to change the statutory formula, and no funding level has been discussed. Continue to make contacts with the members of the House, especially the members of the Ways and Means Committee, to let them know how important the LGF is to your county. A committee roster is attached.
The subcommittee adopted a proviso amending the assessment audit proviso (Proviso 89.72). The new proviso authorizes the State Office of Victim Assistance (SOVA) to perform programmatic reviews for any entities which receive victims assistance funds. If SOVA decides that an entity has spent victims assistance funding on unauthorized items, they have 90 days to rectify the error. If the entity fails to rectify any error SOVA believes has been made, they may notify the State Treasurer who then "shall withhold 25 percent of the entity's aid to subdivisions" until SOVA notifies the State Treasurer that the entity has rectified the error. SOVA is given the additional authority to assess and collect a penalty of $5,000 against the entity for improper expenditures in a fiscal year.
This proviso appears to create several problems at the county level:
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The proviso fails to explain what will trigger a programmatic review;
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SOVA is not an impartial finder of fact;
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SOVA is allowed to determine a violation and assess penalties with no redress at the local level, if there is a dispute over what constitutes "unauthorized items" under the law;
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The proviso withholds aid to subdivisions monies, even if the county has no control over the entity providing victim’s services;
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If a city and county utilize the same provider of victim services, are both entities’ aid to subdivisions funds withheld?
Please contact your House member, and ask that they delete the amendment to Proviso 89.72.
The Proviso subcommittee adopted an amendment to Proviso 85.1 which states that salary supplements appropriated in the budget for clerks of court, probate judges, sheriffs, registers of deeds, coroners, auditors, and treasurers shall be exempt from any across-the-board cut mandated by the Budget and Control Board or General Assembly.
Other Provisos of Interest:
Proviso 37.5 (DNR: Proportionate Funding) – The subcommittee amended this proviso, which used to direct that a proportionate share of funds, at $15,000 per district, be allocated to each of the state’s 46 Soil and Water Conservation Districts for general assistance to the district’s programs. The amendment deletes the specific $15,000 per district amount and increases from $300 to $1,000 the minimum funding required from the counties within a district in order for the district to receive this funding.
Proviso 47.caa (Defense of Indigence Civil Application Fee) – The proviso subcommittee added this proviso to require a person to whom counsel has been provided in a termination of parental rights (TPR), abuse and neglect or any other civil court action to pay a $40 application fee—if they apply for appointed counsel services, because they are financially unable to employ counsel. The clerk of court or other appropriate official is required to collect the application fee and remit the proceeds to the Commission on Indigent Defense on a monthly basis.
Proviso 70.22 (LEG: Code of Law Reimbursement)
– This proviso was amended to allow Legislative Council to have the courts of record in the unified judicial system pay for codes of law, supplements or replacement volumes distributed to them.
Proviso 70.26 (Joint Driver's License Reinstatement Fees Study Committee)
– This proviso was amended to extend the deadline for the Joint Driver's License Reinstatement Fees Study Committee to submit recommendations until Jan. 15, 2010. The joint study committee is reviewing laws currently pertaining to driver's license reinstatement fees.
Proviso 80A.37 (First Responder Interoperability)
– This proviso directs the Division of State Information Technology to administer and coordinate First Responder Interoperability operations for the statewide Palmetto 800 MHz radio system. The proviso was amended to delete the specific match requirement of 67 percent for grant funds to county and city 800 MHz systems to purchase equipment that supports interoperability with the Palmetto 800 MHz system. Instead, it directs the Division of State Information Technology to establish the level of required match each year, based upon the funding provided.
Tax Study Commission — S. 12 and S. 182
S. 12 was substantially rewritten by the Senate Finance Committee and is pending second reading on the Senate floor. It creates an 11-member commission which is given six months to develop criteria to evaluate the state and local tax system for adequacy, balance, efficiency and equity. The commission then has until February, 2011 to report on 1) sales tax exemptions, 2) state and local taxes and other provisions affecting revenue and 3) any fee, fine or forfeiture.
The scope of the local tax study is those local taxes related to property tax "including, but not limited to, assessment ratios, classification and valuation of property, assessable transfers of interest, valuation limitation, local millages and fee in lieu of taxes agreements."
When the commission makes its report, a bill approving the report must be passed in order for the report to take effect. Any substantive amendment to change the contents of the report must be approved by a three-fifths vote of the body considering the amendment.
Other Tax Items
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State Spending Caps – S. 1. This is a constitutional amendment to create a state spending cap and is pending second reading on the contested Senate calendar. There was no mention of expanding this cap to local governments. S. 1 would set revenue limits available for budgeting based on prior years’ expenditures plus an adjustment based on an average revenue growth for the past 10 years. Any revenue amounts over the limit would go into a stabilization fund which could be spent on a two-thirds vote or used to supplement weak revenue years. S. 2 is the implementing statutory legislation and is in the Senate Finance Committee.
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Property Tax Penalty Waiver – S. 278. This bill is pending second reading on the Senate calendar. The Finance Committee amendment allows county council to pass a resolution which creates criteria for the officials charged with collection of property taxes to waive or reduce late penalties on delinquent property taxes for property tax years 2008 and 2009, as long as full payment is made by April 15 of the applicable tax year. Prior to introduction of the resolution, each local taxing entity whose taxes are collected by the county, must notify the county of its consent to the resolution. It is not clear whether the consent language means that no resolution can be considered by council or that the waiver or reduction only applies to those portions of the tax bill for which consent was received.
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Four Percent Legal Residence Ratio and Rental Property – S. 193. This legislation creates a bright line, 90-day annual limit on the number of days a home can be rented from the homeowner and retain the 4 percent legal residence property tax ratio. S. 193 also allows applications for refunds back to 2004 on this change until July 1, 2011. Concern was expressed about the unusually long window for refund requests. The Senate Finance subcommittee passed S. 193 without amendment and suggested that an amendment may be possible later in the process. S. 193 will be considered by the Senate Finance Committee next Tuesday.
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Accommodations and Hospitality Tax Bonds – S. 304. This legislation explicitly authorizes the pledge of local accommodations and hospitality taxes to repay bonds. S. 304 does not expand or change the uses of these revenue streams. The bill makes it clear that the revenue can be used to repay bonds. Revenue bonds are generally a cheaper way to finance capital improvements than a lease-purchase agreement or other mechanisms. S. 304 was given a favorable report by a subcommittee and the Senate Finance Committee without amendment. The bill is now pending second reading on the Senate calendar.
Election Items
Courts and Law Enforcement Items
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Family Court Financial Privacy – S. 146. This measure provides for the sealing of family court financial declaration forms and exempts them from disclosure under the Freedom of Information Act. S. 146 was given a favorable report by the Senate Judiciary Committee and is pending second reading on the contested Senate calendar.
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Access to Jailed Clients – H. 3343. This bill provides that a jail shall provide attorneys access to their clients from 8 a.m. until 6 p.m. SCAC has requested an amendment to give jail administrators discretion to delay or deny access during a lockdown, meals or other practical situations. Another amendment was proposed to require 24-hour attorney access to clients. No amendments were adopted in the House Judiciary subcommittee, and debate was adjourned on the bill until next Thursday.
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Expungement of Criminal Records – H. 3022. The bill, as amended, requires that an accused found not guilty or against whom charges are dismissed shall have their record expunged free of charge. In all other cases, a $250 fee payable to the solicitor’s office will be assessed. The House Judiciary subcommittee adjourned debate on H. 3022 until next week.
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DUI Fines – S. 250. This bill would create a DUI Intervention Team for state and local law enforcement agencies that would receive overtime payment to operate driver checkpoints. All fines would go to the law enforcement agency making the arrest or charge. S. 250 was carried over by a Senate Judiciary subcommittee as result of opposition from entities normally receiving funds from traffic fines.
Land Use and Regulatory Codes
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School Input to Planning Commissions – S. 249. S. 249 would require county council and planning commissions in high-growth counties to provide land development applications and accompanying materials, if the development is to be 25 acres or more or have a density greater than the average in the school district. The schools are then given 30 days to provide feedback on the impact upon the school system. S. 249 was carried over by a Senate Judiciary subcommittee to get input from all of the interested parties.
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Building Inspectors – S. 268. This bill would create a special inspector to be registered by the state to be authorized to perform specialized building inspections throughout the state. S. 268 received a favorable report from a Senate Judiciary subcommittee.
State Legal Holidays — S. 71
This bill would require all counties to observe all state holidays or lose state funding. A Senate Judiciary subcommittee gave S. 71 a favorable report, and it will be before the Senate Judiciary Committee next Tuesday.
SCAC Lobby Days Schedule
Please mark your calendar, and plan to come to Columbia on the following Tuesday for the designated Lobby Day. You may certainly come on a different or additional Tuesdays, if your schedule allows or requires it. Each Lobby Day will begin at 10 a.m. in the SCAC office with a briefing on the specific meetings scheduled at the State House and the issues that you might make the most impact upon. We will then adjourn at 11 a.m. to visit the General Assembly. It is also a good idea to schedule lunch with one or more of your delegation members.
Feb. 10 – Florence, Hampton, Laurens, McCormick, Williamsburg
Feb. 17 – Bamberg, Cherokee, Horry, Lancaster, Marlboro
March 3 – Abbeville, Beaufort, Chester, Georgetown, Sumter
March 10 – Chesterfield, Dorchester, Kershaw, Lexington, Newberry
March 24 – Aiken, Barnwell, Berkeley, Pickens, Richland, Saluda
March 31 – Clarendon, Colleton, Darlington, Edgefield, Marion
2009 SCAC Mid-Year Conference, Legislative Reception
and Institute of Government
- Mid-Year Conference and Legislative Reception to be held Wednesday, Feb. 25. The Mid-Year Conference will be held at Embassy Suites Hotel in Columbia. A flyer and registration information are attached. Now is the time to start arranging meetings with members of your delegation. SCAC will also host the General Assembly at a reception Wednesday evening, Feb. 25 at Embassy Suites Hotel. The SCAC Legislative Reception will not be published on the House calendar, so you will need to extend an invitation to your legislators if you expect to see them there.
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Institute of Government classes will be held Thursday, Feb. 26. These informational courses are open to all county officials. There is a separate registration for these courses, and materials have been mailed and are available online. Course offerings include Orientation to County Government, Developing Good Leadership Skills, Public Speaking, Financial Management and Decision-Making in a Political Environment.
NACo Mid-Year Conference, March 7–11, Washington, D.C.
Enclosed are registration materials and hotel reservation forms for the NACo Legislative Conference in Washington, D.C. at the Marriott Wardman Park Hotel. Please note the deadlines and cut-off dates, which are approaching fast.
'Can't Wait to Get Your Friday Report or Missed Your E-mail Version This Week?
Information has a short shelf life in the legislative arena. The sooner you get legislative updates, the sooner you are able to contact the members of the General Assembly to thank them for doing helpful things or give them the information they need to make better decisions. The Friday Report is usually available on the web by 3 p.m. on Friday. The Friday Report can also be sent to you directly via e-mail. If you stop getting the e-mail version of the Friday Report, call us. We may have an old e-mail address that is no longer valid.
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, fax to 1 (803) 252-0379 or send e-mail. You can view or download bills by clicking on the bill number.
House Bills
H. 3405 – Provides that the General Assembly must adjourn sine die each year no later than 5 p.m. on the first Thursday in May.
H. 3408 – Allows an owner-occupied residential property that receives the 4 percent ratio assessment to be rented for up to 90 days and still receive the 4 percent ratio assessment.
H. 3409 – Enacts the “Personal Information Confidentiality Act”.
H. 3414 – Provides that sales, use and casual excise revenues generated from vehicle titling and registration must go to the state non-federal aid highway fund, with an offsetting transfer of one-half of this amount from nonstate tax revenues to the state transportation infrastructure bank.
H. 3415 – Creates the South Carolina Taxation Realignment Commission.
H. 3417 – Changes the annual date the General Assembly shall convene from the second Tuesday in January to the first Tuesday of February.
H. 3418 – Requires a person to produce a valid South Carolina ID card in order to vote.
H. 3419 – Authorizes the auditor to extend the deadline for filing an application to receive the 4 percent assessment ratio for owner-occupied property.
H. 3428 – Requires the clerks of the General Assembly to make available to the public all Acts passed by the General Assembly after they are approved by the Governor.
H. 3430 – Requires school districts within a county to collaboratively develop and implement a plan to centralize all procurement, personnel and financial matters into one county office.
H. 3440 – Enacts the “Home Invasion Protection Act”.
H. 3460 – Authorizes the creation of a Consolidated Government Charter Commission.
H. 3462 – Creates three standard architectural design plans for public schools in this state.
H. 3464 – Authorizes a poll manager to work elections outside of the county he or she is registered and resides in.
Senate Bills
S. 358 – Enacts the Water Resources Planning and Coordination Restructuring Act.
S. 360 – Removes the monetary limit on a county capital sales and use tax.
S. 362 – Creates a workers’ compensation presumption for firefighters that an impairment or injury from heart or respiratory disease arose out of the course of employment, if they passed a physical exam within the last 10 years.
S. 364 – Enacts the “Volunteer Strategic Assistance and Fire Equipment Program (V-SAFE).
S. 365 – Provides that for the electors for the offices of President and Vice President, there must be eight electoral candidates, two to be appointed at large, and six to represent the six congressional districts of the state.
S. 366 – Creates an elections study commission.
S. 368 – Authorizes an elector to vote for candidates in any precinct in the state or in the county in which he resides.
S. 369 – Creates early voting centers.
S. 370 – Removes the election law provision that would allow a 16- or 17-year-old poll manager assistant to be appointed for every two regular poll managers appointed to work in any precinct.
S. 371 – Authorizes an interested party to waive the filing of an accounting, a proposal for distribution of assets, or a notice of a right to demand a hearing in a probate action.
S. 372 – Provides that a beneficiary interest in a testamentary trust or in property passing to an inter vivos trust through the decedent’s will is a beneficial interest chargeable to the elective share.
S. 373 – Requires a federal and state criminal background check of a firefighter prior to employment.
S. 380 – Raises the mandatory age retirement for magistrates from 72 to 75.
S. 381 – Enacts the South Carolina Uniform Unclaimed Property Act of 2009.
S. 382 – Provides for a presumption that a decedent and the decedent’s spouse held a tangible personal property in a joint tenancy with right of survivorship.