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SUMMER
NEWSLETTER
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“While
the Governor and the Senate leadership that supported him were unable to
get Government Restructuring and Income Tax Reduction through the Senate
this year, several significant accomplishments did occur. I am optimistic
that our Senate Rules will be improved next year, which I believe will
enable us to accomplish more. This year, a balanced budget was completed
without significantly cutting services any further or increasing taxes.
Also, there is some optimism that the economic situation for the state has
improved and will continue to grow next year.” (Senator Wes Hayes, June
2004)
2004-2005 STATE BUDGET HIGHLIGHTS
LOTTERY
THE FISCAL DISCIPLINE PLAN OF 2004 In a budget related initiative the general assembly passed this law to insure that the state does not inadvertently create a deficit as did happen in recent years. REFERENDUM FOR A CONSTITUTIONAL AMENDMENT FOR REPEAL OF THE MINI-BOTTLE Senator Hayes sponsored this resolution and advocated changes in these laws for obvious and apparent health and safety reasons. As a result of its size, the mini-bottle creates the strongest alcoholic beverage drink in the nation. The State Constitution presently requires the establishments that pour liquor for consumption on their premises to use mini-bottles. This resolution authorizes a referendum to determine the will of the people in taking this requirement out of the Constitution allowing the method of distribution to be determined by the General Assembly. Ratified by the General Assembly, this issue will be on the ballot in November. The outcome of this referendum will determine how alcoholic beverages will be served in South Carolina nightclubs and restaurants. FOREIGN CORPORATIONS, MERGERS, AND PARTNERSHIPS In 2003 Governor Sanford appointed Senator Hayes to a “Blue Ribbon” Task Force charged with the responsibility of reviewing current law related to methods of incorporations in South Carolina. This task force discovered that South Carolina Laws governing these processes were outdated and did not address the current needs for international business marketing. To rectify this, the task force drafted very complicated legislation that would insure South Carolina would benefit by the wide range of corporate relationships presently existing as a part of the state’s economy. Senator Hayes introduced this legislation in the Senate and Representative Harrison introduced it in the House. This law deals with the legal and technical methods of bringing about corporate mergers, validating foreign corporations, mechanisms for partnerships to become corporations, and the methods by which businesses change their corporate status. UNIFORM ELECTRONIC TRANSACTIONS ACT Another product of the Governor’s “Blue Ribbon” Task Force that Senator Hayes introduced was legislation to establish rules by which legal records and signatures can be transferred electronically. This bill does that along with instructing the Secretary of State to provide procedures and regulations for secure electronic transactions. It also makes the Computer Crime Act applicable to the Uniform Electronic Transactions Act. Both of these news laws have been received well by business and industry across the state. TEXTILES COMMUNITY REVITALIZATION ACT Since 1997 South Carolina
has had 65 textile plants close and over 14,000 jobs lost in the textile
industry. York County has felt the impact with the loss of major employers
such as the Highland Park Mill, J. P. Stevens Mill, Lowensteins’ Plant
(The Bleachery), the Springs’ “White Plant,” and others. This leaves
communities like ours with loss of jobs, unmarketable properties, and
blighted neighborhoods. HISTORICAL PROPERTIES TAX CREDITS ACT In conjunction with the Textile Revitalization Act, Senator Hayes also introduced this bill at the request of York County Councilman Rick Lee. It passed in the final days of session. Prior to it becoming law, the State Department of History and Archives controlled the process by which a local property owner becomes eligible for special property tax credits for improvement to unique properties with historical value. This new law gives local counties and municipalities the local option to offer these incentives and manage the criteria by which property owners will be eligible for the tax credits. By special ordinance a local government may now choose to define and coordinate their tax credit programs for local historical sites and supervise how they are improved. In this manner greater attention can be given to the communities blighted areas. PROPERTY TAX CAP The General Assembly amended tax laws to limit to 20% any county property tax increases resulting from revaluation of property values attributable to countywide appraisal and equalization programs. The intent of this law is to limit the taxing authority of counties in order to protect taxpayers from increased taxes as a result of property reevaluation. This legislation has caused most school boards and county governments to evaluate closely their taxing procedures. An additional item was added to require the Speaker of the House and the President Pro Tempore of the senate to appoint, by January 14, 2014, a task force to study the effects of these provisions on homeowners and on the real estate industry recommend any changes. This task force must report to the General Assembly by January 13, 2015. MOTION PICTURE/COMMERCIAL ADVERTISEMENT INCENTIVES Senators Richie and Hayes worked together to promote legislation that would give financial incentive to the film industry who wishes to use locations in the state to produces movies, advertisements, and media events. Many of our historical sites, such as colleges and universities like Winthrop, are desirable locations of these film producers. However, other southern states provide economic incentives that give them an advantage in the recruitment of such interest. This bill levels the playing field and returns some advantage to South Carolina. CATAWBA/WATEREE RIVER BASIN BI-STATE COMMISSION Senator Hayes sponsored this
legislation in South Carolina, while Mecklenburg County Senator Clodfelter
introduced it in North Carolina. The purpose of this Bi-State Commission
is to continually assess the use and water quality of the Catawba River as
it flows through Lake Wylie crossing stateliness to Lake Wateree. It will
work to insure that the two states’ regulatory agencies cooperate to
provide the purest water possible for the Piedmont area. LIFE SCIENCES, VENTURE CAPITAL, RESEARCH UNIVERSITY INFRASTRUCTURE ACTS These Acts are major
education and economic development initiatives that the House and Senate
approved under one comprehensive bill. Because of certain controversial
amendments attached to the legislation, Governor Sanford vetoed the bill,
but the General Assembly over-road the Governor’s veto. Examples of bill
aspects that Governor Sanford found disagreeable are the authority given
to USC-Sumter to offer four-year degrees, a feasibility study to determine
the need for a school of law at S.C. State University, and a provision for
financing an international convention center and tourism-training project
in Myrtle Beach under the State General Obligation Economic Development
Bond Act. TEACHER PROTECTION ACT This bill addresses each criminal level of assault against school employees. It provides that a student who commits “simple assault” against a person affiliated with a school in an official capacity when the offense occurs on school grounds or at a school-sponsored event, is guilty of a misdemeanor punishable by a fine of up to $500, or imprisonment of up to thirty days, or both. The bill provides that a student who commits “assault and battery” other than one that is aggravated, against such a person is guilty of a misdemeanor punishable by a fine up to five thousand dollars, imprisonment of up to one year, or both. This bill goes further to provide that a student who commits “assault and battery of a high and aggravated nature” against a person affiliated with a school in an official capacity is guilty of a felony punishable by a fine up to five thousand dollars, imprisonment of up to ten years, or both. CHILDREN’S ADVOCACY CENTERS This bill establishes
criteria for the operation of Children Advocacy Centers and provides
specific guidelines for these centers. It describes appropriate methods
centers need to employ to support children at risk of being abused.
Centers must provide therapeutic counseling services, support services for
the child and non-offending family members, and court advocacy. Centers
also should provide consultation and training for professionals who work
in the area of child abuse and neglect. This legislation determines that
the mutual goal of these centers should be to reduce the negative impact
to children in this setting and to break the cycle of abuse. The Sexual
Assault Research Center of York County has recently announced the opening
of just such a facility in Rock Hill. THE CATAWBA INDIAN’S GAMBLING ISSUE With the support of local officials, state representatives, and religious leaders, Senator Hayes has resisted attempts by the Orangeburg Delegation and their supporters to expand gambling activities of the Catawba Indian Tribe beyond the 1993 agreement. The Catawba Indians have filed a lawsuit to prohibit York County Officials from interfering with any attempts to expand their gambling interest on the reservation. That lawsuit is pending. Those who want casino type gambling in South Carolina will return next year with renewed attempts to introduce legislation for this purpose. SIGNIFICANT BILLS THAT DID NOT PASS THIS PAST SESSION South Carolina Health and Human Services Reorganization and Accountability Act; South Carolina Restructuring Act of 2004; State Income Tax Reduction Bill; Tort Reform; Penny Sales Tax Option for Schools; Nurse Licensure Compact Act CONTACT INFORMATION This District #15
Newsletter, concerning events occurring in the General Assembly, is
provided as a means to keep you better informed. Due to the cost of
mailing, he will not be able to mail a copy to everyone in the District;
however, you may find copies of this report placed in various public
locations. Disclosure: This newsletter utilizes printed information provided by the State’s Legislative Council, the State House of Representatives, Department of Research, and the Senate Judiciary Committee. |
