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From the Dome to Your Home: March 13, 2015
The House of Representatives and Senate were in session this week and met in subcommittee and committee meetings. The House adopted its version of the state budget on Thursday.
House adopts its version of the state budget
After a long week of debate, the House adopted its version of the budget on Thursday night. The budget includes $212.6 million in the Local Government Fund for Fiscal Year 2015-2016. This total includes $200.1 million as the base funding level and $12.5 million in one-time money. This total is the same amount as the current year and $81.9 million less than full funding. Also in the budget is the proviso that requires cities and towns to negotiate an agreement with the circuit public defender to provide indigents with a public defender in municipal court. The proviso also prohibits the circuit public defender from providing indigent defense in municipal court without an agreement with the city or town. If this proviso is included in the final budget, these agreements will potentially impose additional costs on municipal courts. Rep. Kenny Bingham (R - Lexington) included a proviso in the budget that was adopted on the floor during the debate. That proviso requires counties to get written approval from cities if the county creates new or amends existing plans for the full Public Safety Answering Points area of the E911 system. Thanks to Rep. Bingham for supporting cities and towns.
H3374, the bill that changes the calculation for the Local Government Fund, passed the House last week. Next, the bill goes to the Senate Finance committee for debate. This bill changes the Local Government Fund calculation to an annual percentage increase in LGF base funding equal to the percentage increase in the general fund estimate with up to a maximum of a 5 percent increase on the LGF. Contact Melissa Carter (mcarter@masc.sc) at 803.933.1251 for more information on this bill and the entire budget process.
Weekly bill introductions
Committee action this week
Senate Judiciary Committee
S255 - Requires removal of arrest records on websites if the charges have been dismissed or discharged - recommitted to the subcommittee. Later in the week, the subcommittee heard testimony on this bill but did not take any action.
Summary of the bill as introduced: Requires removal of arrest records on websites within 30 days if the charges have been dismissed, discharged or the person is found not guilty.
Senate Finance Committee
S212 - Allows a person to claim a qualifying boat or watercraft as a primary residence for property tax purposes - recommitted to the subcommittee
Summary of the bill as introduced: Allows a person to claim a qualifying boat or watercraft as a primary residence for property tax purposes.
S381 - Allows terminated employees close to retirement to buy out remaining retirement time - favorable report
Summary of the bill as introduced: Allows any public employee who is terminated within one year of full retirement to purchase the remaining time within five days of termination.
S453 - Makes the surcharges on certain traffic tickets to fund training permanent - favorable report
Summary of the bill as introduced: Makes the surcharges on certain traffic tickets to fund training at the SC Criminal Justice Academy permanent.
Senate Finance Property Taxation subcommittee
S460 - Allows a taxpayer to receive tax bills in electronic form - favorable report with an amendment. The amendment clarifies that this is optional.
Summary of the bill as introduced: Permits a county to allow a taxpayer the option to receive certain property tax bills and receipts in electronic form.
Senate Finance Special Transportation Funding subcommittee
S2 - Establishes the Interstate Lane Expansion Fund - no action although the bill was on the agenda
Summary of the bill as introduced: Increases the number of lanes on existing mainline interstates with funding from the taxes from the sale, use or titling of a motor vehicle.
S23 - Adds a motor vehicle user fee of 16 cents per diesel gallon to liquefied natural gas - no action although the bill was on the agenda
Summary of the bill as introduced: Adds a motor vehicle user fee of 16 cents per diesel gallon to liquefied natural gas.
S142 - Requires all excess general fund revenues to be credited to the State Highway Fund - no action although the bill was on the agenda
Summary of the bill as introduced: Requires all excess general fund revenues accumulated in a fiscal year in excess of general appropriations and supplemental appropriations to be credited to the State Highway Fund for improvements to existing mainline interstates and state and local roads.
S244 - Local Option Motor Fuel User Fee Act - no action although the bill was on the agenda
Summary of the bill as introduced: Allows a county to impose by ordinance and approved by referendum a user fee of no more than five cents a gallon on retail sales of fuel for the sole purpose of road improvement projects and road maintenance within the county.
S406 - Increases the gas tax and provides an income tax credit - no action although the bill was on the agenda
Summary of the bill as introduced: Directs the State Fiscal Accountability Authority to establish a motor fuel surcharge and provide for a refundable income tax credit for taxpayers who pay the motor fuel surcharge.
Senate Transportation subcommittee
S409 - South Carolina Transportation Companies Act - no action although it was on the agenda
Summary of the bill as introduced: Outlines the regulations for transportation network companies such as Uber under the Office of Regulatory Staff and exempts these companies from regulation by the Public Service Commission. This bill also exempts transportation network companies from municipal regulation.
Senate Judiciary subcommittee
S47 - Requires all state and local law enforcement officers to wear body cameras - carried over
Summary of the bill as introduced: Requires all state and local law enforcement officers to wear body cameras.
Senate Judiciary subcommittee
S237 - Continues the Study Committee on Expungement of Criminal Offenses until December 31, 2015 - favorable report
Summary of the bill as introduced: Continues the Study Committee on Expungement of Criminal Offenses until December 31, 2015.
Senate Finance Sales and Income Taxation subcommittee
S170 - Obligates a retailer to be liable for the sales tax - favorable report with an amendment. The amendment makes the provisions of the bill effective on January 1, 2016, and deletes the distribution center exemption.
Summary of the bill as introduced: Obligates a retailer to be liable for the sales tax or responsible for collecting and remitting the use tax if the retailer enters into an agreement with a resident of the state under which the resident refers potential customers.
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The Municipal Association encourages reprints and reproductions of this report; however, contact the Municipal Association for permission and give credit for any reprints or re-use of this report.