From the Dome to Your Home: April 8, 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 starting Tuesday afternoon, while both chambers are continuing to hold legislative redistricting meetings.
Highlights of the Week
Both point of sale bills on House and Senate calendars – URGENT ACTION NEEDED NOW
Two point of sale bills are making their way through the House of Representatives and the Senate. See below for the immediate action needed on this issue. Easy talking points are available here.
As amended, 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 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.
On Tuesday afternoon, the full House Ways and Means committee approved H3713, the point of sale bill, with an amendment. The amendment removes 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. Representative Gilda Cobb-Hunter (D- Orangeburg) placed a minority report on the bill as it moves to the full House of Representatives for debate. On Thursday, H3713 was placed on the calendar and received a 24 hour point by Representative Cobb-Hunter. This rule in the House requires a bill to be on the House calendar for a 24 hour period before it can be debated. The House is expected to debate the bill next week.
It is very important for ALL LOCAL OFFICIALS to call ALL MEMBERS OF THE HOUSE OF REPRESENTATIVES to educate them on the negative effects of this bill on hometown services and to express their opposition to H3713. Click here for talking points.
- Senate point of sale bill
Last week, 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. The bill remains on the Senate calendar.
It is very important for ALL LOCAL OFFICIALS to contact all senators to express their opposition to S647. It is also important to call the senators who voted against the bill in committee and thank them for their vote. 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 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. Also, talk with your local homebuilders about these bills. Let them know that these bills would discourage new construction because new homes will be taxed at full market value, while existing homes will inherit the tax exemption of the previous owner. Ask your local homebuilders to talk to Senate and House members and tell them to vote no on H3713 and S647. 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.
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.
House Ways and Means Property Tax subcommittee
H3934 – Discount on the assessment of undeveloped acreage subdivided into lots – favorable report
Summary of the bill as introduced: Outlines that the discount on the assessment of undeveloped acreage subdivided into lots applies to a developer that has five lots instead of 10 lots and that if the application for the discounted rate comes after May 1 but before June 1, the owner shall receive the discounted rate but the discount is reduced.
House Ways and Means General Government subcommittee
H3929 – Allows certain entities to join the state health plan – favorable report
Summary of the bill as introduced: Allows certain entities into the state health plan.
House Ways and Means committee
H3404 – Resolution to revise the index of taxpaying ability – adjourned debate
Summary of the bill as introduced: Revises the calculation of the index of taxpaying ability by imputing an index value for owner-occupied residential property assessed at four percent of value and requires that for fiscal years 2011-2012 and 2012-2013 the index of taxpaying ability for real property assessed at six percent be calculated using sales ratio data
H3456 – Creates the Other Funds Oversight Committee – favorable report
Summary of the bill as introduced: Creates the Other Funds Oversight Committee to review and examine the source of other funds in the state and recommendations to the General Assembly
H3720 – Revises the requirements of a qualifying service-related facility – favorable report with an amendment
Summary of the bill as introduced: Revises the requirements of a qualifying service-related facility and a technology intensive facility
H3233 – Includes environmental remediation costs in property assembly costs – favorable report
Summary of the bill as introduced: Includes the cost of environmental remediation in property assembly costs related to redevelopment projects
H3506 – Includes site preparation costs in the jobs tax credit – carried over
Summary of the bill as introduced: Includes certain site preparation costs with the definition of infrastructure improvements that give rise to the jobs tax credit
H3346 – State tax credit for installation of solar energy equipment – favorable report
Summary of the bill as introduced: Allows a state tax credit for the installation of solar energy equipment equal to 35 percent
H3063 – Requires equivalent millage in municipalities located in more than one county – favorable report
Summary of the bill as introduced: Requires the governing body of the municipality to set an equivalent millage to be used thereafter to compute municipal property taxes in municipalities that extend into more than one county and those counties are not on the same reassessment schedule.
H3934 – Discount on the assessment of undeveloped acreage subdivided into lots – favorable report with an amendment. The amendment strikes section one of the bill. Section one states that if the application for the discounted rate comes after May 1 but before June 1, the owner shall receive the discounted rate but the discount is reduced.
Summary of the bill as introduced: Outlines that the discount on the assessment of undeveloped acreage subdivided into lots applies to a developer that has five lots instead of 10 lots and that if the application for the discounted rate comes after May 1 but before June 1, the owner shall receive the discounted rate but the discount is reduced.
House Judiciary committee
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.
H3607 – Endorsement of warrants issued in other counties or by municipal authorities – favorable report
Summary of the bill as introduced: Outlines that a warrant is not required to be endorsed by a magistrate in the county where a person who is charged with a crime resides or where he is located.
H3606 – Allows only law enforcement agencies to seek arrest warrants – favorable report
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.
House Education and Public Works Motor Vehicles subcommittee
H3202 – Illegal to smoke in a vehicle with a child – adjourned debate
Summary of the bill as introduced: Prohibits a driver or occupant of a motor vehicle to smoke a tobacco product while certain children are also in the vehicle.
Senate Judiciary committee
S263 – Motor vehicle offenses that result in death – the committee met but did not take action on this bill
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.
S78 – Adds synthetic cannabis to the list of Schedule I drugs – favorable report
Summary of the bill as introduced: Adds synthetic cannabis to the list of Schedule I drugs.
S394 – Allows part-time masters-in-equity in cities with larger populations – favorable report
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
H3786 – Approves regulations related to the rehabilitation of designated historic buildings - tabled
Summary of the bill as introduced: Amends regulations set forth by the SC Department of Archives and History related to the rehabilitation of designated historic buildings.
Senate Finance committee
S310 – Revises the method of calculating the index of taxpaying ability – favorable report
Summary of the bill as introduced: Revises the method of calculating the index of taxpaying ability for purposes of the Education Finance Act.
Senate Judiciary subcommittee
S79 – Provides guidelines for contributions made in a primary runoff election – favorable report
Summary of the bill as introduced: Provides specific provisions for contributions made in a primary runoff.
House Education and Public Works Transportation subcommittee
H3266 – Highways in the state built according to state standards – favorable report
Summary of the bill as introduced: Requires all highways in the state highway system to be built according to state standards.
H3121 – Allows operation of golf carts along certain highways and streets – adjourned debate
Summary of the bill as introduced: Allows an agent or employee of an owner of a golf cart who possesses a valid driver's license to operate the vehicle along certain highways and streets.
Senate Education K-12 subcommittee
S414 – Educational Opportunity Act – the committee reported the bill out to the full committee for debate
Summary of the bill as introduced: Allows a state income tax credit for tuition paid for a qualifying student to attend an independent school.
Senate Judiciary subcommittee
S705 – Underground Facility Damage Prevention Act – favorable report with a technical amendment
Summary of the bill as introduced: Creates the Underground Facility Damage Prevention Act that preempts local ordinances dealing with permits, marking the facility and types of paint used to mark the facility. The bill also develops an association with a board of directors that includes a representative from the SC Association of Municipal Power Systems.
House Ways and Means General Government subcommittee
H3407 – Educational Opportunity Act – the subcommittee adopted a technical amendment but did not report the bill out to the full committee
Summary of the bill as introduced: Allows a state income tax credit for tuition paid for a qualifying student to attend an independent school.
Senate Judiciary subcommittee
S444 – Prevents a court from enforcing foreign laws in the state – carried over
Summary of the bill as introduced: Prevents a court or other enforcement authority from enforcing foreign law in this state from a forum outside of the United States or its territories.
House Judiciary Constitutional Laws subcommittee
S20 – Requires law enforcement to check immigration status of arrested, detained or stopped individuals – adjourned debate
Summary of the bill as introduced: Requires a law enforcement officer who has reasonable suspicion that a person stopped, detained or arrested by law enforcement is an illegal immigrant to verify immigration status.
Senate Labor, Commerce and Industry committee
S478 – Rate of contributions to the Unemployment Trust Fund – favorable report
Summary of the bill as introduced: Modifies the method of computation for the rate of contributions to the unemployment trust fund.
Senate Judiciary subcommittee
S766 – Allows SC Electric Cooperatives to use unclaimed property as equity in energy efficiency programs – favorable report
Summary of the bill as introduced: Allows the SC Electric Cooperatives to use the state’s unclaimed property as equity in energy efficiency programs and renewable energy initiatives.
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.
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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