S*0825(Rat #0323, Act #0289 of 2014)  General Bill, By Alexander and Davis

Similar(H 4859)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE
 "MILITARY FAMILY QUALITY OF LIFE ENHANCEMENT ACT OF 2014" BY ADDING SECTION
 3-1-40 SO AS TO EXEMPT FROM AD VALOREM TAXATION ANY REAL PROPERTY LOCATED
 WITHIN A MILITARY BASE OR INSTALLATION THAT IS USED OR OWNED BY THE UNITED
 STATES ARMED FORCES AND IS USED AS MILITARY HOUSING FOR MILITARY-AFFILIATED
 PERSONNEL AND THEIR FAMILIES EVEN IF THE REAL PROPERTY IS IMPROVED,
 MAINTAINED, OR LEASED TO A PARTY THAT WOULD OTHERWISE SUBJECT THE REAL
 PROPERTY TO TAX, SO LONG AS THERE IS A CONTRACTUAL AGREEMENT REQUIRING THE
 LESSEE TO USE THE PROPERTY FOR MILITARY HOUSING; BY ADDING SECTION 44-6-35 SO
 AS TO PROVIDE THAT MILITARY FAMILIES MAY ENROLL IN A MEDICAID HOME- AND
 COMMUNITY-BASED WAIVER PROGRAM IN THIS STATE IF SOUTH CAROLINA IS THEIR STATE
 OF LEGAL RESIDENCE, AND TO ALLOW THEM TO MAINTAIN ENROLLMENT IF THE FAMILY IS
 STATIONED OUTSIDE OF SOUTH CAROLINA; BY ADDING ARTICLE 21 TO CHAPTER 11, TITLE
 63 SO AS TO CREATE THE "MILITARY-CONNECTED CHILDREN'S WELFARE TASK FORCE" TO
 IDENTIFY ISSUES RELATED TO MILITARY-CONNECTED CHILDREN AND OPEN COMMUNICATION
 BETWEEN CHILD WELFARE AGENCIES OF THIS STATE AND LOCAL MILITARY INSTALLATIONS;
 TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO THE DEVELOPMENT OF
 COMPREHENSIVE ANNUAL REPORT CARDS AND ACADEMIC PERFORMANCE RATINGS, SO AS TO
 DIRECT THE EDUCATION OVERSIGHT COMMITTEE, WORKING WITH THE STATE BOARD OF
 EDUCATION, TO ESTABLISH A COMPREHENSIVE ANNUAL REPORT CONCERNING THE
 PERFORMANCE OF MILITARY-CONNECTED CHILDREN WHO ATTEND PRIMARY, ELEMENTARY,
 MIDDLE, AND HIGH SCHOOLS IN THIS STATE; TO AMEND SECTION 7-15-320, AS AMENDED,
 RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE
 THAT MEMBERS OF THE ARMED SERVICES, THEIR SPOUSES, AND THEIR DEPENDENTS MUST
 BE PERMITTED TO VOTE BY ABSENTEE BALLOT IN ALL ELECTIONS, REGARDLESS OF
 WHETHER THEY ARE ABSENT FROM THEIR COUNTY OF RESIDENCE ON ELECTION DAY; TO
 AMEND SECTION 25-1-350, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT
 GENERAL, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL MAY AUTHORIZE NATIONAL
 GUARD PERSONNEL TO SUPPORT AND ASSIST THE NATIONAL GUARD ASSOCIATION OF SOUTH
 CAROLINA AND THE SOUTH CAROLINA NATIONAL GUARD FOUNDATION IN CERTAIN MISSIONS;
 AND BY ADDING SECTION 51-13-880 SO AS TO ALLOW MEMBERS OF THE USS LAFFEY
 ASSOCIATION WHO ARE TEMPORARILY PRESENT AT PATRIOT'S POINT TO PERFORM
 VOLUNTARY MAINTENANCE ON THE USS LAFFEY TO REMAIN ONBOARD THE VESSEL OVERNIGHT
 IF THE EXECUTIVE DIRECTOR OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY
 APPROVES AND HAS DEEMED IT SAFE. - ratified title

   12/10/13  Senate Prefiled
   12/10/13  Senate Referred to Committee on Finance
   01/14/14  Senate Introduced and read first time (Senate Journal-page 36)
   01/14/14  Senate Referred to Committee on Finance
                     (Senate Journal-page 36)
   02/19/14  Senate Committee report: Favorable Finance
                     (Senate Journal-page 18)
   02/20/14  Senate Read second time (Senate Journal-page 13)
   02/20/14  Senate Roll call Ayes-39  Nays-0 (Senate Journal-page 13)
   02/25/14  Senate Read third time and sent to House
                     (Senate Journal-page 16)
   02/26/14  House  Introduced and read first time (House Journal-page 10)
   02/26/14  House  Referred to Committee on Ways and Means
                     (House Journal-page 10)
   05/15/14  House  Committee report: Favorable with amendment Ways
                     and Means (House Journal-page 45)
   05/22/14  House  Debate adjourned until Tues., 5-27-14
                     (House Journal-page 54)
   05/27/14  House  Amended (House Journal-page 97)
   05/27/14  House  Read second time (House Journal-page 97)
   05/27/14  House  Roll call Yeas-99  Nays-0 (House Journal-page 98)
   05/28/14  House  Read third time and returned to Senate with
                     amendments (House Journal-page 12)
   05/29/14  Senate House amendment amended (Senate Journal-page 108)
   05/29/14  Senate Returned to House with amendments
                     (Senate Journal-page 108)
   05/30/14         Scrivener's error corrected
   06/03/14  House  Non-concurrence in Senate amendment
                     (House Journal-page 74)
   06/03/14  House  Roll call Yeas-0  Nays-102 (House Journal-page 75)
   06/04/14  Senate Senate insists upon amendment and conference
                     committee appointed Alexander, Malloy, Davis
   06/04/14  House  Conference committee appointed GM Smith,
                     Limehouse, JE Smith
   06/17/14  House  Conference report received and adopted
   06/17/14  House  Roll call Yeas-114  Nays-0
   06/19/14  Senate Conference report adopted (Senate Journal-page 2)
   06/19/14  Senate Roll call Ayes-34  Nays-0 (Senate Journal-page 2)
   06/19/14  House  Ordered enrolled for ratification
   06/20/14         Ratified R 323
   06/23/14         Signed By Governor
   07/08/14         Effective date See Act for Effective Date
   07/09/14         Act No. 289

(A289, R323, S825)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "MILITARY FAMILY QUALITY OF LIFE ENHANCEMENT ACT OF 2014" BY ADDING SECTION 3-1-40 SO AS TO EXEMPT FROM AD VALOREM TAXATION ANY REAL PROPERTY LOCATED WITHIN A MILITARY BASE OR INSTALLATION THAT IS USED OR OWNED BY THE UNITED STATES ARMED FORCES AND IS USED AS MILITARY HOUSING FOR MILITARY-AFFILIATED PERSONNEL AND THEIR FAMILIES EVEN IF THE REAL PROPERTY IS IMPROVED, MAINTAINED, OR LEASED TO A PARTY THAT WOULD OTHERWISE SUBJECT THE REAL PROPERTY TO TAX, SO LONG AS THERE IS A CONTRACTUAL AGREEMENT REQUIRING THE LESSEE TO USE THE PROPERTY FOR MILITARY HOUSING; BY ADDING SECTION 44-6-35 SO AS TO PROVIDE THAT MILITARY FAMILIES MAY ENROLL IN A MEDICAID HOME- AND COMMUNITY-BASED WAIVER PROGRAM IN THIS STATE IF SOUTH CAROLINA IS THEIR STATE OF LEGAL RESIDENCE, AND TO ALLOW THEM TO MAINTAIN ENROLLMENT IF THE FAMILY IS STATIONED OUTSIDE OF SOUTH CAROLINA; BY ADDING ARTICLE 21 TO CHAPTER 11, TITLE 63 SO AS TO CREATE THE "MILITARY-CONNECTED CHILDREN'S WELFARE TASK FORCE" TO IDENTIFY ISSUES RELATED TO MILITARY-CONNECTED CHILDREN AND OPEN COMMUNICATION BETWEEN CHILD WELFARE AGENCIES OF THIS STATE AND LOCAL MILITARY INSTALLATIONS; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO THE DEVELOPMENT OF COMPREHENSIVE ANNUAL REPORT CARDS AND ACADEMIC PERFORMANCE RATINGS, SO AS TO DIRECT THE EDUCATION OVERSIGHT COMMITTEE, WORKING WITH THE STATE BOARD OF EDUCATION, TO ESTABLISH A COMPREHENSIVE ANNUAL REPORT CONCERNING THE PERFORMANCE OF MILITARY-CONNECTED CHILDREN WHO ATTEND PRIMARY, ELEMENTARY, MIDDLE, AND HIGH SCHOOLS IN THIS STATE; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT MEMBERS OF THE ARMED SERVICES, THEIR SPOUSES, AND THEIR DEPENDENTS MUST BE PERMITTED TO VOTE BY ABSENTEE BALLOT IN ALL ELECTIONS, REGARDLESS OF WHETHER THEY ARE ABSENT FROM THEIR COUNTY OF RESIDENCE ON ELECTION DAY; TO AMEND SECTION 25-1-350, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL MAY AUTHORIZE NATIONAL GUARD PERSONNEL TO SUPPORT AND ASSIST THE NATIONAL GUARD ASSOCIATION OF SOUTH CAROLINA AND THE SOUTH CAROLINA NATIONAL GUARD FOUNDATION IN CERTAIN MISSIONS; AND BY ADDING SECTION 51-13-880 SO AS TO ALLOW MEMBERS OF THE USS LAFFEY ASSOCIATION WHO ARE TEMPORARILY PRESENT AT PATRIOT'S POINT TO PERFORM VOLUNTARY MAINTENANCE ON THE USS LAFFEY TO REMAIN ONBOARD THE VESSEL OVERNIGHT IF THE EXECUTIVE DIRECTOR OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY APPROVES AND HAS DEEMED IT SAFE.

Whereas, the General Assembly finds that the sacrifices of those who serve in the armed services of this great nation deserve our greatest respect, and that we have an obligation to demonstrate our appreciation to these service members and their families in tangible ways; and

Whereas, the General Assembly takes great pride in being home to many military installations, and is greatly appreciative of the tremendously positive impact of these installations and the service members and their families on the economy of the Palmetto State; and

Whereas, the South Carolina General Assembly finds that comprehensive legislation to enhance many quality of life issues for members of the armed forces and their families is very appropriate to demonstrate its appreciation for the sacrifices of members of the armed forces and their families and to demonstrate its appreciation for the enormously positive impact of military installations on the Palmetto State. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

Citation

SECTION    1.    This act may be known and must be cited as the "Military Family Quality of Life Enhancement Act of 2014".

Property on military base used for military housing exempt from property tax

SECTION    2.    A.        Article 1, Chapter 1, Title 3 of the 1976 Code is amended by adding:

"Section 3-1-40.    There is exempt from ad valorem taxation any real property, and improvements thereon, located within a military base or installation that is used or owned by the United States Armed Forces and is used as military housing for military-affiliated personnel and their families. Military housing includes ancillary facilities that support the military housing. This exemption continues to apply if the real property is improved, maintained, or leased to a party that would otherwise subject the real property to tax, so long as there is a contractual agreement by and between a branch of the United States Armed Forces and the lessee which requires the lessee to use the property for military housing."

B.        This section takes effect upon approval by the Governor and applies for property tax years beginning after 2013.

Medicaid waiver protections

SECTION    3.    Article 1, Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Section 44-6-35.    In administering home- and community-based waiver programs, the department shall, to the extent possible, maintain the waiver status of an eligible family member of a member of the armed services who maintains his South Carolina state residence, regardless of where the service member is stationed. Consequently, a person on a waiver waiting list would return to the same place on the waiting list when the family returns to South Carolina. Furthermore, the eligible family member previously enrolled in a waiver program and who received active services would be reinstated into the waiver program once Medicaid eligibility is established, upon their return to South Carolina. It is not the intent of this section to authorize services provided outside the South Carolina Medicaid Service Area. These provisions are contingent upon the department receiving federal approval."

Military-Connected Children's Welfare Task Force

SECTION    4.    Chapter 11, Title 63 of the 1976 Code is amended by adding:

Section 63-11-2110.    (A)    There is created the 'Military-Connected Children's Welfare Task Force' for the purpose of identifying issues related to military-connected children and opening communication between child welfare agencies of this State and local military installations. The task force shall study issues relating to military-connected children as the task force may undertake or as may be requested by the General Assembly.

(B)    The task force is to be comprised of the following members:

(1)    the Director of the Department of Health and Human Services, or his designee;

(2)    the Governor, or his designee;

(3)    the Speaker of the House of Representatives, or his designee;

(4)    the President Pro Tempore of the Senate, or his designee; and

(5)    a representative of the Children's Trust Fund.

(C)    The task force shall meet as soon as practicable after the effective date of this act for organizational purposes.

(D)    The task force shall submit an annual written report to the General Assembly including recommendations to facilitate and open communication between child welfare agencies of this State and local military installations. The findings and recommendations of the task force shall be posted on the Department of Health and Human Services' website.

(E)    The members of the task force shall serve without compensation and may not receive mileage or per diem."

Annual report on educational performance of military-connected children

SECTION    5.    Section 59-18-900 of the 1976 Code, as last amended by Act 282 of 2008, is further amended by adding an appropriately lettered subsection at the end to read:

"( )    The Education Oversight Committee, working with the State Board of Education, is directed to establish a comprehensive annual report concerning the performance of military-connected children who attend primary, elementary, middle, and high schools in this State. The comprehensive annual report must be in a reader-friendly format, using graphics whenever possible, published on the state, district, and school websites, and, upon request, printed by the school districts. The annual comprehensive report must address at least attendance, academic performance in reading, math, and science, and graduation rates of military-connected children."

Absentee ballot permitted for all members of the armed forces and certain family members

SECTION    6.    Section 7-15-320 of the 1976 Code, as last amended by Act 43 of 2011, is further amended to read:

"Section 7-15-320.    (A)    Qualified electors in any of the following categories must be permitted to vote by absentee ballot in all elections when they are absent from their county of residence on election day during the hours the polls are open, to an extent that it prevents them from voting in person:

(1)    students, their spouses, and dependents residing with them;

(2)    persons serving with the American Red Cross or with the United Service Organizations (USO) who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;

(3)    governmental employees, their spouses, and dependents residing with them;

(4)    persons on vacation (who by virtue of vacation plans will be absent from their county of residence on election day); or

(5)    overseas citizens.

(B)    Qualified electors in any of the following categories must be permitted to vote by absentee ballot in all elections, whether or not they are absent from their county of residence on election day:

(1)    physically disabled persons;

(2)    persons whose employment obligations require that they be at their place of employment during the hours that the polls are open and present written certification of that obligation to the county registration board;

(3)    certified poll watchers, poll managers, county voter registration board members and staff, county and state election commission members and staff working on election day;

(4)    persons attending sick or physically disabled persons;

(5)    persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election;

(6)    persons with a death or funeral in the family within a three-day period before the election;

(7)    persons who will be serving as jurors in a state or federal court on election day;

(8)    persons sixty-five years of age or older;

(9)    persons confined to a jail or pretrial facility pending disposition of arrest or trial; or

(10)    members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them."

Severability

SECTION    7.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Powers and duties of Adjutant General

SECTION    8.    Section 25-1-350 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( )    in his discretion, authorize National Guard personnel to support and assist the National Guard Association of South Carolina and the South Carolina National Guard Foundation in their missions to promote the health, safety, education, and welfare of South Carolina National Guard personnel and their families."

USS Laffey

SECTION    9.    Article 11, Chapter 13, Title 51 of the 1976 Code is amended by adding:

"Section 51-13-880.    Members of the USS Laffey Association who are temporarily present at Patriot's Point to perform voluntary maintenance on the USS Laffey may remain onboard the vessel overnight if the executive director approves and has deemed it safe to do so."

Time effective

SECTION    10.    Unless specified otherwise, this act takes effect upon approval by the Governor.

Ratified the 20th day of June, 2014.

Approved the 23rd day of June, 2014.