SUMMER NEWSLETTER
2007 LEGISLATIVE SESSION
SUMMARY OF EVENTS
Senator Wes Hayes            District #15

The Hayes Report 2007

December Newsletter

Committee Assignments
Ethics Committee, Chairman
Banking and Insurance Committee
Education Committee
Finance Committee

Corrections and Penology Committee

Medical Affairs 

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REDUCED SALES TAXES FOR GROCERIES. The State Senate passed a bill that will eliminate state tax on all unprepared food. This bill now resides in the House, but the Senate guaranteed it’s consideration this year by including it in the resolution for adjournment. If the House will cooperate, this means this tax reduction could pass before the General Assembly adjourns in June.

CIGARETTE TAX. The State House of Representatives approved and sent to the Senate legislation providing for a increase of thirty cents a pack on taxes for cigarettes. The bill is pending in the State Senate and cannot be taken up for consideration until January of next year.

PAYDAY LENDING. Both the Senate and the House are considering legislation that, if passed, will tightly regulate the consumer finance loan products known as “Payday Lending.” Many consumers who borrow money in these lending categories find themselves “financially enslaved” by a cycle of debt caused by these loans. The proposal being considered would limit a borrower from receiving more than five of these loans in a year. Also, it would require the borrower to pay off one loan before getting another. In addition, the bill creates a database to track payday loans in South Carolina.

WORKERS’ COMPENSATION. This year the General Assembly revised the State’s Workers’ Compensation System. This included the “Second Injury Fund (SIF)” and “Lost Cost Multiplier” procedures. Insurers must file “Low Cost Multipliers” with the Dept. of Insurance, and must provide guides as to what must be contained in these filings. The new law expands the definition of “Fraud.” It exempts certain Motor Carriers from Workers Compensation. Also, the responsibilities of the Workers’ Compensation Commission is expanded in its scope of duties. The Law lowers SIF assessments to 135%, and sets deadlines for SIF claims. Most significantly, the law terminates the Second Injury Fund on July 1, 2013. It also moves the Uninsured Employers Fund to the State Accident Fund on July 1, 2013.

S. C. NATIONAL GUARD COLLEGE TUITION ASSISTANCE PROGRAM. As the sponsor of this bill, I was pleased to see this important benefit to our South Carolina National Guard Members passed as law. Qualified members of the Guard receive this important benefit as an enlistment or re-enlistment benefit, and can receive college assistance grants for all tuition and fees up to eighteen thousand dollars for each member.

S. C. VIRTUAL SCHOOL PROGRAM. This bill provides the opportunity for students to enroll in internet credit courses approved by the State Board of Education. This law will allow student to take courses online, which are critical to college entrance or job training that may or may not be offered by their home school districts. Even private school and home schooled students living in South Carolina may enroll. (Student must be 21 yrs. old or younger.) As a member of the Education Oversite Committee and the Chairman of the Senate Education Subcommittee that approved this bill, I am pleased to see it become law with the Governor’s signature.

AMERICAN BOARD FOR THE CERTIFICATION OF TEACHER EXCELLENCE ACT. This legislation creates an alternative method for qualified people to become certified to teach in South Carolina as a method to address teacher shortages. This law allows school districts to hire individuals who have a “Passport Certificate” issued by the “American Board for the Certification of Teacher Excellence.” Teachers with this alternate certification must successfully complete the “South Carolina Pedagogy Examination.” The important course areas sought are Biology, Chemistry, English, Math, Physics, or Science.

SCHOOL BUS LAW. The School Bus Fleet in South Carolina is aging and a vast number of our school buses are in deplorable condition. This prompted the General Assembly to take action this year by revising the current law governing the purchase, maintenance, and distribution of school buses in the state. At the center of the new law is the requirement that the State Dept. Of Education provide local school districts with the number of school buses sufficient to accommodate students eligible to ride. To insure this, the law insists that at least one-fifteenth of the school bus fleet be replaced each year. The Governor vetoed this legislation, but his veto was overridden by the General Assembly, and this bill now is law.

“OPEN ENROLLMENT FOR PUBLIC SCHOOLS. Recommended by Superintendent of Education Jim Rex, this bill allows children to be enrolled in any public school in the state without paying tuition. The school district where the school is located has the right to refuse this enrollment if it can show it does not have the capacity to receive the child. An attempt was made to include a tax voucher program, which would allow parents who are denied enrollment in a public school of choice a tax credit if they decide to place their child in a private school. This effort was defeated. Now in conference committee, of which I am a member, attempts are being made to gain a consensus.

PREVENTION OF UNDERAGE DRINKING & ACCESS TO ALCOHOL ACT. In recent years, tragic deaths of teenagers in York County and across the State have been caused as a result of alcohol consumption. I joined with Sen. Lourie of Columbia to sponsor legislation that targets one root of the problem. Adults that purchase alcoholic beverages for teenagers is a growing problem. A significant part of this legislation makes purchasing alcoholic beverages for underage consumption a criminal offense.

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT. I sponsored this bill to relieve the anxiety of parents and children as they change locations across state lines. It establishes reciprocal agreements between states regarding the custody of children in non-contested situations. This relieve stress and makes lives easier for children and parents in separate relationships. This bill signed by the Governor has become law.

UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT. I sponsored this bill in order to give domestic violence victims greater protection when they flee to South Carolina to escape potential violent circumstances caused by estranged relationships. Forty-seven states now recognize Orders of Protections from states with reciprocal agreements. South Carolina was the Forty-seventh state. This bill became law with the signature of the Governor this month.

UNIFORM FAMILY SUPPORT ACT. I sponsored this legislation to make South Carolina current with other states regarding Child Support and Parental Relationships between divorced individuals with children living in different states. Through this reciprocal agreement with other states, this law in South Carolina makes legal relationships with divorced parents with children in different states easier to accommodate.

STATE IMMIGRATION LAWS. Several Bills attempting to deal with the presence of citizens from other countries residing in South Carolina illegally are presently being considered by the General Assembly. Because of the complexities between State, Federal, and International Law, consensus in the General Assembly has not yet been reached. The Senate passed a resolution requesting that the Governor declare by “Executive Order” that no “illegal aliens” are eligible to receive any service or assistance provided by the Dept. Of Social Services or any other agency to the extent allowed by Federal Law.

JASPER COUNTY PORT AUTHORITY. A joint resolution in the General Assembly sets a timetable for the establishment of a new Seaport in Jasper County. This resolution sets a timetable for completion of site acquisition, engineering studies, and all plans needed for a Jasper County Port Facility.

COASTAL PROPERTY INSURANCE. Because of recent hurricanes, there is a lack of affordable insurance for coastal properties. The General Assembly passed the Omnibus Coastal Property Insurance Reform Act. This law offers tax breaks to resident who make their coastal homes hurricane resistant. Other provisions include allowing homeowners to put money into tax deductible hurricane savings accounts. The law specifies revisions to the South Carolina Wind and Hail Underwriting Association, and establishes the “South Carolina Hurricane Loss Mitigation Grant Programs.”

SURFACE WATER PERMITTING ACT. I introduced this bill last year to cause water users in South Carolina who withdraw more than 3,000,000gallons of water a month to obtain a permit for that use. By regulating the use of water, the state can insure that water level in our streams and rivers will always be at levels to sustain adequate flows of water for the future needs of our state. Rep. Carl Gullick joined me in introducing companion legislation in the House. We hope to see approval of this legislation next year.

ATTORNEY GENERAL SUES NORTH CAROLINA FOR INTERBASIN TRANSFER FROM THE CATAWBA RIVER. North Carolina, against all efforts of municipalities along the Catawba River in both North Carolina and South Carolina decided to issues an InterBasin Transfer of 10,000,000 gallons a day to the City of Concord, North Carolina. The Attorney General hopes that his law suit will result in a Interstate Compact to regulate the use of the Catawba River’s water between the two states.

CONTACT INFORMATION:
Sen. Wes Hayes, Dist. #15
Gressette Building Room 205
P.O. Box 142
Columbia, South Carolina 29202
Phone in Columbia 803-212-6410
Phone in Rock Hill 324-2400
email: set@scsenate.org