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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
