SUMMER
2006 NEWSLETTER
Senator Wes Hayes            District #15
Legislative Session Preview

SUMMARY OF EVENTS

PROPERTY TAX RELIEF was a dominant issue for the second year of the 116th South Carolina General Assembly. The Senate and House approved separate versions of Bills to address this issue. Ultimately, the House and Senate agreed on a plan which eliminates all school operating taxes on owner-occupied homes, funded by a one-cent increase on the sales tax. Also, the sales tax on groceries is lowered from five percent to three percent, and all sales tax is eliminated for two days after Thanksgiving.

THE STATE BUDGET: The General Assembly approved a plan for 2006-2007 which appropriates over one billion dollars for tax relief, trust fund repayment, and rainy-day funds. Also, the Education Finance Act is fully funded; $25.6 million is appropriated for early childhood programs; the Department of Commerce receives over $16 million dollars in additional funding to facilitate recruitment and retention of new businesses/new jobs to South Carolina. State employees receive a three percent pay increase.

EMINENT DOMAIN is the power of a governmental entity to take private real estate for public use, with or without the permission of the owner. The General Assembly addressed this important property rights issue by passing a resolution proposing a constitutional amendment that will be put before voters at the upcoming general election. The proposed constitutional amendment provides that private property must not be condemned by eminent domain, unless the condemnation is for public use. The proposed constitutional amendment also revises the manner in which blighted property may be condemned to

protect the health and safety of the community. The General Assembly also created an Eminent Domain Study Committee to further look into the issue.

“SOUTH CAROLINA CHILD DEVELOPMENT EDUCATION PILOT PROGRAM,” The General Assembly included in the budget bill a proviso making funds available for the 2006-2007 and 2007-2008 school years to provide quality developmental and learning support designed to prepare four-year old, at-risk children for school. The program will also offer parenting education designed to further strengthen the learning process for their children. $23.6 million is appropriated to provide this program at no cost to eligible children.

Legislation establishing a STATEWIDE PUBLIC CHARTER SCHOOL DISTRICT passed. This bill establishes the option of statewide, as well as local, sponsorship for charter schools. The Statewide District is established to provide oversight for South Carolina’s charter schools, thus allowing these schools to better provide specialized or innovative educational approaches. It is important to emphasize that local school districts can also sponsor charter schools under their supervision.

ANNUAL SCHOOL CALENDAR: The General Assembly passed into law requirements that beginning with the 2007-2008 school year, the opening date for schools must not be before the third Monday in August except for year-round schools and in instances where the State Board of Education waives this requirement as provided in the bill. I opposed this bill because, in my opinion, school start dates should be a local school board decision.

CHILD’S DE FACTO CUSTODIAN BILL: There has been an outcry from grandparents in York County and across South Carolina who feel they are losing contact with their Grandchildren in custody battles between estranged parents. Because of this, the General Assembly passed legislation, which I introduced, to insure that family members who have had a custodial relationship with their children would have a position in Family Court. While not perfect, this law allow some legitimacy to these Grandparents in Court.

DISARMING A POLICE OFFICER: Statistics show that a major cause of death to officers is by their own weapon in conflict or during domestic disputes. The General Assembly passed legislation, which I introduced, that makes this act a felony.

“SEX OFFENDER ACCOUNTABILITY AND PROTECTION OF MINORS ACT OF 2006,” also referred to as “Jessica Lunsford’s Law,” makes comprehensive revisions pertaining to the prosecution, conviction, sentencing and supervision of sex offenders. Sex offenders are required to register bi-annually for life. Prosecutors may seek the death penalty against a defendant charged with criminal sexual conduct with a minor in the first degree, if the defendant has a prior conviction for the crime.

METHAMPHETAMINE USAGE: The General Assembly approved and the Governor signed into law legislation focusing on the growing problem of methamphetamine production and usage. The legislation places certain restrictions and implements new procedures for the sale of over the counter nasal decongestants featuring pseudoephedrine, which can be used in the illegal manufacture of methamphetamine. The legislation also establishes criminal penalties that respond to the particular dangers the illicit methamphetamine trade poses for children.

SAFETY NET PROGRAMS FOR ELECTRIC AND NATURAL GAS CUSTOMERS: This legislation, passed by the General Assembly, requires providers of electric and natural gas services to formulate policies for avoiding the termination of services for nonpayment to residential customers during extremely cold and hot weather. These service providers must also establish safeguards against dangerous interruptions in service for the elderly, ill, and other residential customers with special needs.

“SOUTH CAROLINA LANDOWNER AND ADVERTISING PROTECTION AND PROPERTY VALUATION ACT,” The General Assembly approved this Act which provides conditions for how local governments may regulate billboards. Under the legislation, a local governing body may enact or amend an ordinance to require the removal of any nonconforming, lawfully erected off-premises outdoor advertising sign only if the ordinance requires the payment of just compensation to the sign owner. Just compensation is not required under specified conditions, such as if the sign is adjudicated unsafe or a public nuisance, or the local government and the sign owner enter into a voluntary agreement on relocation or removal. The legislation also prohibits a billboard for an adult or sexually oriented business from being located within one mile of a public highway. I opposed this bill because I felt it would greatly limit local government’s ability to regulate billboards.

FARMING AND THE ENVIRONMENT With regards to agricultural facilities and operations, the new legislation provides that state law and Department of Health and Environmental Control (DHEC) regulations pre-empt the entire field and constitute a complete regulatory plan, thereby precluding a county from enacting an ordinance that is not identical to state provisions. I opposed this legislation in order to protect the stricter environmental rules that some Counties have imposed.

PURSUIT OF CRIMINALS ACROSS STATE LINES: The General Assembly enacted legislation that I sponsored which enters South Carolina into a reciprocal agreement with North Carolina and Georgia. This agreement allows mutual pursuit of criminals across state lines when law enforcement is in pursuit of a suspect felon. Prior to this agreement, York County has seen many criminals take flight into North Carolina and not been able to follow.

THIS NEWSLETTER, concerning events occurring in the General Assembly, is provided to keep you better informed. Due to cost of mailing, Senator Hayes will not be able to mail a copy to everyone in Senate District #15. The Newsletter is being placed in locations throughout the area. All Newsletters can be accessed at my Web Site. A public meeting is usually held twice a year at an accessible location. You are encouraged to come, express your opinions, and ask any questions.



Some Information for this newsletter has been taken from the South Carolina House of Representatives Legislative Summary Edition.