S.C. House Republican Caucus

2009 End of Session Report

CAUCUS AGENDA ITEMS

H.3882 – SMALL BUSINESS "RED TAPE" REDUCTION

Status: Passed House (4/23).  House non-concurred with Senate amendments (5/21).

This bill includes proposals drawn from the testimony of small business leaders who were invited to relate their frustrations with bureaucracy and identify regulations that are placing unnecessary burdens on their efforts. The legislation includes provisions to ease a renewal deadline requirement for limited liability partnerships, expedite the Department of Health and Environmental Control’s certification of consistency with the coastal zone management plan for property development in the coastal region, and implement an online answer desk and centralized clearinghouse concerning all state agency licensing, permitting, and regulation of economic activity.

S. 12 (H. 3415) – S.C. TAX REALIGNMENT COMMISSION (& FAIR TAX)

Status: Awaiting ratification (6/16).

This Commission conducts a comprehensive study of the state’s tax system. The seventeen-member commission may not be members of the General Assembly and must have substantial academic or professional experience in one or more areas of public finance, government budgeting and administration, tax administration, economics, accounting, or tax law.  The Commission is charged with developing criteria for assessing the effectiveness of the current tax system structure, as well as the likely systemic impact of any proposed changes affecting tax revenues, and reporting this criteria to the General Assembly.  The commission must, no later than March 15, 2010, prepare and deliver a report and recommendation to the Senate Finance and the House Ways and Means committees. 

The commission’s report shall consider: (a) sales and use tax exemptions; (b) the assessment of state and local taxes levied and other provisions affecting state and local revenue; and (c) any fee, fine, license, forfeiture, or Other Funds.  Additionally, the commission shall study and make recommendations to the General Assembly of the advantages and drawbacks of a revenue neutral replacement of the state individual and corporate income tax, state imposed sales and use tax, estate tax, bank tax, savings and loan association tax, and taxes on beer, wine, and alcoholic beverages with a broadly based consumption tax modeled on the proposed federal Fair Tax as that form of tax would have to be adapted to apply on the state level. In its study, the commission shall specifically consider how such a tax swap would affect jobs creation, savings and investment, and tax compliance costs for South Carolina taxpayers.

H.3395 – GENERAL RESERVE FUND ENHANCEMENT

Status: Passed House (4/3).  In Senate Finance Committee.

The bill revises statutory provisions for the General Reserve Fund to conform them to any amendments to the South Carolina Constitution that change the amount required to be held in the General Reserve Fund and the rate of replenishment of that amount.

H.3396 – GENERAL RESERVE FUND HOLDINGS

Status: Passed House (4/2).  In Senate Judiciary Committee.

This joint resolution proposes to amend the South Carolina Constitution by increasing from three percent to five percent the amount of state general fund revenue in the latest completed fiscal year required to be held in the General Reserve Fund.

H.3418 – PHOTO ID FOR VOTING

Status: Passed House (3/3).  No Action Taken by Senate.

When a person presents himself to vote, he shall produce a valid South Carolina driver’s license, other form of identification containing a photograph issued by the Department of Motor Vehicles, or a passport or military identification issued by the federal government. The bill requires managers to compare the photograph contained on the required identification with the person presenting himself to vote and verify that the photograph is that of the person seeking to vote.  Allowance is made for a provisional ballot.  The legislation also provides that the Department of Motor Vehicles shall issue a special identification card at no charge; currently, there is a fee for the issuance of this special identification card.

H.3067 – FUSION VOTING ANDSTRAIGHT PARTY TICKET VOTING

Status: Passed House (3/3).  In Senate Judiciary subcommittee.

This bill prohibits a candidate from filing more than one statement of intention of candidacy for a single election. The bill prohibits a candidate from being nominated by more than one political party for a single office in an election. The bill further prohibits a candidate’s name from appearing on the ballot more than once for any single office for the same election. The legislation also eliminates provisions for straight party ticket voting on the ballot, providing instead that only those candidates for whom the voting square is marked shall receive a vote.

H.3272 – POINT-OF-SALE

Status: Passed House (4/2).  No Action Taken by Senate.

The legislation eliminates point-of-salereassessment by postponing reassessment for a parcel of real property that is sold or undergoes another assessable transfer of interest until the property tax year of implementation of the next countywide assessment. Under the legislation, reassessment is not postponed when improvements are made to the property, and limits on increases in value must be calculated separately on land and improvements.

H.3018 – REVISIONS TO PROPERTY TAX FOR NEWLY-CONSTRUCTED HOMES

Status:  House and Senate overrode Governor’s Veto (6/16).

Currently, once a certificate of occupation is issued for a newly-constructed home it becomes subject to a higher tax rate applicable to residential property even if that home sits empty and unsold for months or years. Under the legislation, a newly-constructed detached single family home would remain eligible for the lower tax rate allowed for unimproved property until it is occupied by being sold or rented, or for up to three years, whichever comes first.

H.3231 – JOINT ELECTION OF GOVERNOR AND LEIUTENTANT GOVERNOR

Status: Passed House (4/29).  In Senate Judiciary Committee.

This joint resolution proposes to amend the State Constitution so as to provide for the joint election of the Governor and Lieutenant Governor beginning with the general election of 2014.

H.3147 – SOUTH CAROLINA RESTRUCTURING ACT

Status: Passed House (4/1).  In Senate Judiciary Committee.

This legislation establishes the Department of Administration under the executive branch of state government. The Department of Administration is headed by a director appointed by the Governor with the advice and consent of the General Assembly.

H.3147 was also amended to include provisions for LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS. In order to determine whether laws and programs addressing subjects within the jurisdiction of a legislative committee are being implemented and carried out in accordance with the intent of the General Assembly and whether they should be continued, curtailed, or eliminated, this legislation provides that each standing committee shall review and study this subject on a continuing basis.

HOUSE RULE: ROLL CALL VOTING

Status: Approved During Reorganization in December 2008.

This House Rule requires that a recorded vote be taken on second reading of specified legislation, and on third reading if that legislation has been amended on third reading, as well as in other specified situations, as follows:

·        Adoption of a Joint Resolution proposing an amendment to the Constitution of South Carolina.

·        Adoption of legislation ratifying a proposed amendment to the Constitution of South Carolina.

·        Adoption of a bill establishing a fee or tax, raising an existing fee or tax, or reducing an existing fee or tax.

·        Adoption of the General Appropriations Act.

·        Adoption of each section of the Appropriations Act on second reading, except if House agrees by unanimous consent.

·        Adoption of an amendment to the General Appropriations Bill where the amendment effects the raising or spending of revenue in the amount of ten thousand dollars ($10,000) or more.

·        Adoption of a state or congressional reapportionment plan

·        Adoption of a bill directly increasing or decreasing the salary, benefits, or retirement benefits of members of the General Assembly, elected officials of the Executive Branch, or members of the Judicial Branch.

·        Adoption of a bill amending the Ethics and Accountability Act or the Campaign Finance Act.

·        Any question for which ten members of the House request a roll call vote.

·        A bill or resolution on the Second Reading Contested Calendar.

·        Concurrence, non-concurrence, or adoption of amendments to a bill returned from the Senate with amendments.

·        Adoption of a Conference or Free Conference Committee Report.

·        A question of overriding or sustaining a veto.

·        An election by the General Assembly or the House except where the election is declared by unanimous consent.

·        A question for which the Constitution of South Carolina requires the yeas and nays to be recorded.

OTHER IMPORTANT ISSUES

H.3305 – CONSTITUTIONAL AMEND. PROTECTING THE RIGHT TO VOTE BY SECRET BALLOT

Status: Passed by House (3/26). Defeated in Senate.

This joint resolution proposes to amend the South Carolina Constitution to provide that, where local, state, or federal law requires elections for public office or ballot measures, or requires designations or authorizations for employee representation, the right of individuals to vote by secret ballot is guaranteed.

H.3299 – CUSTOMER CHOICE AND TECH INVESTMENT ACT OF 2009

Status: Signed by Governor (5/6).

The legislation responds to the rapidly-evolving array of options for telecommunication services resulting from competition among telephone service providers, cable companies, voice over Internet protocol (VoIP) providers, wireless service providers, and other communications service providers.  It establishes a mechanism for regulation which relaxes certain restrictions to relieve customers of unnecessary costs and burdens, encourage investment, and promote timely deployment of more innovative offerings at competitive prices. This optional regulation is offered as a means of making the full range of options and offerings available to customers while maintaining inflation-based price controls for those existing customers who wish to continue receiving only stand-alone basic residential lines from traditional telephone companies, and, at the same time, ensuring that customers in rural areas of the State continue to have access to basic local exchange service at affordable rates.

S. 351 – PORTS AUTHORITY BILL

Status: House and Senate Overrode Governor’s Veto (6/16).

This legislation revises the governance and operation of the State Ports Authority; including the length of terms, academic requirements, and experience in related field.  Legislation also includes an independent, annual performance review of the executive director and a written report given to the Governor and the General Assembly.  The legislation also requires the authority to develop a long-range port development and capital financing plan.  The General Assembly also directs the authority to take necessary action to establish a port at Jasper and to complete construction of a container terminal in North Charleston.  The authority is to explore and enter into beneficial public-private partnerships.

H.3550 – ENERGY STANDARD ACT

Status: Approved by Both Chambers.  Signed by Governor (6/2).

The legislation adopts certain energy standards and provides that all new and renovated buildings must comply with this standard. The legislation provides that local building officials shall enforce the energy standard; building officials are authorized to issue and revoke building permits and inspect construction of buildings issued permits. The legislation requires local jurisdictions to provide an appeals board and process for granting of certain variances. The legislation provides an exception and allows certain appeals to be heard by the South Carolina Building Codes Council.

S. 232 – RENEWABLE ENERGY RESOURCES

Status: Signed by Governor (5/19).

The act provides the meaning of "renewable energy resources” and also has the Public Utility Review Committee submit a review of the state energy action plan of the State Energy Office. The legislation also establishes provisions for ENERGY EFFICIENCY AND RENEWABLE ENERGY GOALS FOR STATE GOVERNMENT requiring each agency to consider reductions of its energy, water, and wastewater use.

H.3835 – SOUTH CAROLINA HYDROGEN PERMITTING ACT

Status: Passed by House (4/3).  In Senate Judiciary Subcommittee.

The legislation establishes a program for permitting hydrogen facilities in this state.

H.3584 – CIGARETTE TAX

Status: Passed by House (4/3). Awaiting Senate Action.

Increases the state cigarette tax and devotes the revenue generated by the increase to initiatives that encourage health insurance coverage, state agricultural assistance, and smoking prevention and cessation programs.  Effective July 1, 2009, the legislation imposes an additional surtax of fifty cents for each pack. Each year, five million dollars of the revenue generated by the surtax is to be credited to the Smoking Prevention and Cessation Trust Fund and the revenue of five hundredths of a cent of the surtax on each cigarette must go to the Department of Agriculture for the marketing and branding of South Carolina-grown produce and for relief from natural disasters affecting state-grown crops. The remaining annual revenue generated by the increase is to be credited to the newly-created South Carolina Healthy Families Insurance Trust Fund and the Palmetto Health Care Safety Net Trust Fund. The legislation creates the South Carolina Healthy Families Insurance Plan to provide premium credits that assist eligible individuals to purchase health insurance and small businesses in providing health insurance coverage for their employees.

H.3245 – ABORTION WAITING PERIOD

Status: Passed by House (2/26).  Died in Senate.

This bill provides if an ultrasound is performed, an abortion must not be performed sooner than 24 hours, rather than 60 minutes, following the completion of the ultrasound. The bill provides that a woman also must be informed of the procedure to be involved and the probable gestational age of the embryo or fetus.  The bill further provides that an abortion may not be performed sooner than 24 hours, rather than one hour, after the woman receives certain written materials.

H.3342 – “BORN-ALIVE” LEGISLATION

Status: Passed by House.  In Conference Committee.

The legislation provides that the words 'person', 'human being', 'child', and 'individual', must include every infant member of the species homo sapiens who is born alive at any stage of development. Sets definitions for being ‘born alive.”

H.3314 – OVERSIGHT OF THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS

Status: Passed House (3/26).  In Senate subcommittee.

Beginning July 1, 2009, this bill provides that the department must be headed and governed by a director appointed by the Governor, with the advice and consent of the Senate. The director serves at the pleasure of the Governor and may be removed pursuant to section 1-3-240(b). The director may appoint and remove other officers and employees of the department in his discretion. The bill further provides that on this date the South Carolina Commission on Disabilities and Special Needs shall become an advisory board to the department. Numerous other code sections are amended to conform to these changes. 

H.3301 – PAYDAY LENDING

Status: House and Senate overrode Governor’s veto (6/16).

This legislation establishes new restrictions for payday lending operations.  Under the legislation, an individual is limited to having no more than one deferred presentment transaction at any one time.  The legislation provides that, in order to be licensed to engage in deferred presentment, a business must offer an extended payment plan, at no additional charge, to a customer who is unable to repay when originally due.  The legislation requires the Consumer Finance Division to implement a common database with real-time access through an Internet connection that compiles information on all deferred presentment transactions and extended payment plans.  The legislation provides that after a person has completed ten successive deferred presentment transactions, no licensee may enter another deferred presentment transaction with that person for a period of days equal to the person's pay period. The legislation provides that the total amount advanced to a customer for deferred presentment or deposit, excluding authorized fees, may not exceed six hundred dollars.

H.3040 – JOINT MILITARY AFFAIRS REVIEW COMMITTEE

Status: Passed by House (2/13).  In Senate Judiciary Subcommittee.

This bill creates a permanent ten-member joint committee of the General Assembly to be known as the JOINT MILITARY AFFAIRS REVIEW COMMITTEE to study, monitor, and make appropriate recommendations on all issues, legislation, and other actions necessary to sustain and develop South Carolina's military installations, communities, and defense-related businesses.

H.3365 – HIGHER EDUCATION EFFICIENCY AND ADMINISTRATIVE POLICIES ACT OF 2009

Status: Passed by House (4/2). In Senate Education Committee.

This bill provides comprehensive regulatory flexibility for institutions of higher education in the areas of human resources, capital expenditures and procurement, finance, and administration.

H.3352 – FUNDING FLEXIBILITY PROVISIONS FOR SCHOOL DISTRICTS

Status: Signed by Governor (4/7).

For the 2008-2009 and 2009-2010 fiscal years, school districts and special schools of this State may transfer and expend funds among appropriated state general fund revenues, Education Improvement Act funds, Education Lottery Act funds, and funds received from the Children’s Education Endowment Fund for school facilities and fixed equipment assistance, to ensure the delivery of academic and arts instruction to students.

H.3681 – "CHANDLER’S LAW"

Status: Passed by House (4/2). Awaiting Senate Action.

The legislation provides that it is unlawful for a parent or legal guardian to knowingly permit his child or ward six years of age or younger to operate an all-terrain vehicle (ATV).

H.3148 – S.C. RURAL INFRASTRUCTURE ACT

Status: Passed House (4/2).  Became law without governor’s signature (6/3).

The bill establishes the South Carolina Rural Infrastructure Authority to provide loans and other financial assistance to a municipality, county, special purpose or public service district, and a public works commission in order to finance rural infrastructure facilities.

H.3790 – S.C. MORTGAGE LENDING ACT

Status: Passed House (4/30). In Senate Banking Committee.

The legislation establishes new requirements for mortgage lenders and loan originators relating to: licensure, background checks, continuing education, record keeping, maintenance of surety bonds, reporting and filing, limitations on advertising and other business activities, penalties for violations, and participation in the Nationwide Mortgage Licensing System and Registry. It brings South Carolina into compliance with the Secure and Fair Enforcement for Mortgage Licensing (S.A.F.E.) Act of 2008.

S. 116 – BUY S.C. ACT

Status: House and Senate Overrode Governor’s Veto (6/16).

This legislation makes changes to the state procurement code relating to vendor preferences.  Individuals and companies in South Carolina who produce goods or services, or who employ South Carolinians, will get preferential treatment in procurement.  The bill also gives preference to American companies over international firms.

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