From the Dome to Your Home: April 1, 2011
Both the House of Representatives and the Senate met in regular session this week and held subcommittee and committee meetings. The Senate Finance committee is preparing to debate the state budget the week of April 11, while both chambers are beginning legislative redistricting meetings.
Highlights of the Week
Point of sale bills moving quickly – URGENT ACTION NEEDED NOW
Three point of sale bills have been introduced in the House of Representatives and the Senate. H3713 and S647 are progressing, but S229 did not get out of subcommittee. See below for the immediate action needed on this issue. Easy talking points are available here.
As introduced, H3713 and S647 eliminate the point of sale reassessment meaning property values will no longer be “trued up” when property is sold. Instead, the new owner (including a retroactivity provision for those who bought between 2007 and 2011) would inherit the tax exemption of the previous owner. Also, at reassessment, the new owner would receive another tax exemption if the value of the property has increased more than 15 percent since the last reassessment. Contact Melissa Carter (mcarter@masc.sc) at 803.933.1251 if you have questions about any of the point of sale bills.
Senate point of sale bill
On Tuesday afternoon, the Senate Finance committee approved
S647 by a vote of 12-6 as amended by the subcommittee. The subcommittee amendment removed the retroactivity language that would have reverted properties sold between 2007 and 2010 on the tax rolls to their original value when Act 388 passed. Thanks to Senators Land, Leventis, McGill, Matthews, Pinckney and Jackson who voted against the bill which is now on the Senate calendar.
It is very important for ALL LOCAL OFFICIALS to contact all senators this weekend to express their opposition to S647 before it gets to the Senate floor debate. It is also important to call the senators that voted against the bill in committee and thank them for their vote. Click here for talking points.
House point of sale bill
The full House Ways and Means committee was scheduled to meet on Tuesday, March 29, to consider H3713, but the meeting was canceled. The next scheduled meeting of the House Ways and Means committee is one hour and half after the House adjourns on Tuesday, April 5, in room 521 of the Blatt building.
It is very important for ALL LOCAL OFFICIALS to call members of the House Ways and Means committee over the weekend and educate them on the negative effects of this bill on hometown services and to express their opposition to H3713. Click here for talking points.
Now is the time to call your local school board members and county council members to partner together against these bills. Local elected leaders also need to educate committee members on the negative effects of these bills which do not fix the problems brought about by the 15 percent reassessment cap in Act 388. Instead, they magnify the existing problems and raise additional concerns. After you talk to your House member or Senator, contact Casey Fields (cfields@masc.sc) at 803.933.1256 and let her know what they said about the bill.
News coverage on point of sale and local flexibility
There has been a lot of news coverage on the point of sale issue and allowing cities and towns the local flexibility to handle cuts at the state level. Opinion columns, newspaper editorials and articles have been published in newspapers across the state.
- Ending point of sale doesn’t fix actual problem, The State editorial, March 29, 2011
- Effort to scrap point-of-sale is in trouble, The State, March 30, 2011, by John O’Connor
- Tax break a mistake, The Rock Hill Herald editorial, March 22, 2011
- State should undo all of Act 388, The Greenville News editorial, March 9, 2011
Traffic camera bill given third reading by the Senate
S336, the bill that requires a copy of the traffic citation be handed directly to the offender by the law enforcement officer issuing the ticket, was given third reading by the Senate on Wednesday. The bill now moves to the House Judiciary committee. Contact Warren Harley (wharley@masc.sc) at 803.933.1270 if you have questions about this bill.
Weekly Bill Introductions
Committee Action This Week
The Association’s legislative team covered these bills in committee or subcommittee and provided testimony where needed. Click on the bill's link for a full chronology of amendments and committee progress.
Senate Judiciary committee
S30 – Allows only law enforcement agencies to seek arrest warrants – favorable report as amended. The amendment clarifies assault and battery of a high and aggravated nature and changed the verbiage regarding “law enforcement agency.”
Summary of the bill as introduced: Prevents entities other than law enforcement agencies from seeking arrest warrants except in cases of fraudulent checks. If the check is presented to the magistrate at the time the warrant is sought, a warrant may be issued by the magistrate.
S263 – Motor vehicle offenses that result in death – carried over
Summary of the bill as introduced: Charges a driver with the misdemeanor offense of vehicular homicide if the person driving the motor vehicle does any act already forbidden by law while driving a vehicle that results in death.
S394 – Allows part-time masters-in-equity in cities with larger populations – the committee met but did not take action on the bill
Summary of the bill as introduced: Allows a part-time masters-in-equity in cities and counties with populations of 130,000 or greater. This bill also allows a county with a population more than 30,000 but less than 130,000 to have a part-time or full-time master-in-equity.
Senate Finance committee
S591 – State tax credit for hiring unemployed individuals receiving unemployment benefits – favorable report
Summary of the bill as introduced: Allows a state tax credit for employers hiring an unemployed individual receiving unemployment benefits.
S211 – I-95 Corridor Authority Act – favorable report
Summary of the bill as introduced: Creates the authority to carry out economic development and educational improvement activities which, in the opinion of the authority, will improve the economic conditions in its member counties.
S435 – Requires local governments to file periodic expenditure reports – favorable report as amended by the subcommittee. The amendment clarifies this reporting only applies to grant funds.
Summary of the bill as introduced: Requires local governmental entities, agencies, organizations or individuals that receive, collect or spend public funds derived from state or local tax revenue to file periodic expenditure reports online with the state or local governmental entity or agency that provided, collected or spent the public funds.
Senate Judiciary subcommittee
S97 – Provides procedures for recalling and removing public officials at the state and local level – carried over
Summary of the bill as introduced: Outlines procedures for recalling and removing state and local public officials from office.
House Education and Public Works committee
H3259 – Golf cart operation outside a gated community – favorable report
Summary of the bill as introduced: Requires the two-mile limit within which a golf cart owner may operate his golf cart to be measured from the community's primary entrance when the owner lives in a gated community
H3431 – Enacts John's Law – favorable report
Summary of the bill as introduced: Requires the Department of Transportation to publish its list of railroad crossings at which it plans to install crossing arms and other safety devices.
House Judiciary Constitutional Laws subcommittee
H3183 – Requires payment of all outstanding penalties in order to continue lobbying – favorable report
Summary of the bill as introduced: Requires payment of all outstanding penalties before a lobbyist can resume lobbying activities.
Senate Judiciary subcommittee
S14 – Prevents the General Assembly from increasing fines or penalties in the budget bill - subcommittee met but did not take action on the bill.
Summary of the bill as introduced: Prevents the General Assembly from increasing or implementing a fine or penalty in the budget bill. It requires a separate Act.
S372 – State Agency Deficit Prevention and Recognition Act – subcommittee met but did not take action on the bill.
Summary of the bill as introduced: Prohibits a state agency, department or institution from operating in a manner that results in a year-end deficit unless the deficit is recognized by the General Assembly.
Senate Education K-12 subcommittee
S414 – Educational Opportunity Act – carried over
Summary of the bill as introduced: Allows a state income tax credit for tuition paid for a qualifying student to attend an independent school.
Association Legislative Staff is on Twitter
Get the latest news from the State House each day by following the Municipal Association on Twitter - @MuniAssnSC. Staff will post updates on committee meetings and floor action throughout the day using the Association’s Twitter feed. If you are not on Twitter, you can still look at the postings by linking to http://twitter.com/MuniAssnSC.
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