Summer 2002
N
EWSLETTER

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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This "District 15 Report" is a quarterly newsletter concerning your State Government.

       This report is placed in prominent locations so that citizens of District 15 will have an opportunity to receive this current information from their State Senator, Wes Hayes.

       The 2002 Session of the South Carolina General Assembly is now behind us. These last two years have been exciting and dynamic, while posing some of the greatest challenges I have experienced in my 18 years of service to you in the South Carolina General Assembly. During this period, the Republican Party gained the majority control of the State Senate giving me the opportunity to serve as Chairman of the Senate Ethics Committee. As in most all states, South Carolina state revenues have been significantly low which caused us to cut state agency budgets drastically in order to have a balanced budget. While my opposition to video poker and state lotteries is well known, we accomplished a responsible system of distribution for the Lottery Funds which will provide Scholarships to South Carolina students pursuing higher education degrees while also rendering support to public education systems throughout the State. Due to the 2000 census, we faced the responsibility to reapportion the state's representative districts in line with the distribution of population within the state. Unlike past experiences with reapportionment, we were able to work with the Federal Court to accomplish this in a much more timely and efficient manner. A Homeland Security Bill passed with a bipartisan effort to protect the rights of the individual while providing protection from terrorism. While much happened during the Second Session of the 114th General Assembly, much was accomplished, but much still remains to be done.

BUDGET

       Despite the severe shortage of available revenue, the 2002-2003 State Budget protects education and protects health care for the poor, the elderly, and the disabled. Public education receives a $61 million increase and Medicaid is funded at a level where programs will not be reduced.

       As a member of the Senate Finance Committee and a member of the Budget Conference Committee, I worked very hard to insure the people of York County received a fair and equitable share of the funds for state services. Because of budget shortfalls and a slowly recovering economy, we had to be very cautious in our calculating in order to insure a balanced budget. Included in the budget are cuts to agency spending ranging from 0% to 7% above the 6.52% fiscal year 01-02 mid-year reductions. Revenue enhancements for next year's budget include $50.3 million of earnings from restricted funds interest, $40 million of Barnwell clean-up funds, $27.9 million of Insurance Reserve Fund premium redirection, and $101 million of unrestricted funds in the Health Care Trust Fund Program.

       Colleges and Universities were assessed budget reductions above the fiscal year 2001-02 6.53% reduction. Technical colleges face a 2.87% cut and colleges and universities a 2.04% cut. K-12 will receive approximately $63 million. This funding provides a base student cost of $2,022 and an average teacher salary of $300 above the southeastern average. First Steps, a program ensuring pre-kindergarten children a background opportunity in education, will receive $7 million.

       The Medicaid program, along with the Silvercard (prescription drugs for those over 65 and limited income) program will receive an additional $189 million, which will hopefully maintain funding for nursing homes, Medicaid clients, pharmacist dispensing fees, and physician fees at current rates.

LOTTERY

       The Educational Lottery was enacted this session. Revenue for next year is projected to be $259 million. These funds will be used to support kindergarten through college. $85.8 million will fund reading, math, social studies, and science grant program for students in K-5th grade, purchase and repair of school buses, and accountability program support and enhancement for students in 1st –12th grade. These programs include teacher and principal specialists, retraining grants, and homework centers for lower performing schools. $94.2 million will fund scholarships and grants to students attending college.

       One of the following scholarships or grants will be available to students that have just graduated from high school: tuition assistance for all students attending technical and two-year colleges; full tuition plus $300 for books for students graduating from high school with a "B" average and attending a technical or two-year public college (LIFE Scholarship); or $2,650 for students graduating from high school with a "B" average and attending a four-year college or university (HOPE Scholarship). To qualify for a LIFE Scholarship of $5,000, students graduating from high school must meet two of the following criteria: "B" average, 1100 SAT score, top 30% of the class. The most prestigious scholarship is the Palmetto Fellows Scholarship. Students who graduate from high school with a 3.5 GPA, 1200 SAT score and are in the top 5% of the class may receive $6,700.
$57.7 will provide college and university students access to the latest technological and research capabilities. These funds will enhance research through the hiring of distinguished professors (endowed chairs $30 million), provide appropriate research laboratories and ensure that the latest technology is being developed and utilized by the colleges and universities of this State. To support students of all ages, $20 million will support public libraries and the digitalization of Educational Television.

STATE REAPPORTIONMENT

       The reapportionment of Senate district lines for representation was concluded this session. A panel of federal judges issued a ruling on legislative districts, which will be in place for the next decade. Current lines will remain in effect until the next Senate election that does not take place until 2004. District 15 gains Tega Cay from District 16 and a large portion of western York County including the city of Sharon from District 14. District 16 gains the majority of the Lesslie area. This expands my geographical area while maintaining a population in keeping with the growth of York County.

CAMPAIGN FINANCE REFORM

       I was disappointed that the General Assembly could not pass a bill reforming campaign financing. Representative Wilkins, speaker of the House, and I introduced similar Bills that specifically required the disclosure of "soft money" contributions and expenditures by committees and special interest groups trying to influence elections while satisfying constitutional questions provided by the Governor. The legislation provided for a broad range of revisions including enhanced penalties for campaign finance violations, accountability measures for ballot measure committees, and disclosure requirements for what is commonly called "soft money" including funds received for operating expenses, party-building initiatives, and similar activities.

       Speaker Wilkins' version passed the House. In the Senate, my Bill was merged with his and was passed out of committee with hopes of passage. However, on the floor of the Senate, the Bill was amended to include restructuring of selection for the Public Service Commission. This slowed the Bill's momentum and the Conference Committee did not have time to work out the differences before the General Assembly adjourned. I am committed to continuing the quest for Campaign Reform.

MINIBOTTLE LEGISLATION

       My legislation which would have given the people the right to repeal, by referendum, the use of mini-bottles as the only method of liquor distribution in restaurants and nightclubs did not pass this year. South Carolina is the only state that solely uses this obsolete method of pouring and measuring, and each minibottle contains 1.7 ounces of alcohol – 36% more than the 1¾ oz. standard used by restaurants in every other state. It is not only a health issue we should be concerned with, but also this would become one of the last ingredients in our highway safety laws. I intend to introduce this legislation next year again.

       My Bill had the support of the South Carolina Hospitality Association and most of its members, the South Carolina Council of Alcohol & Drug Abuse Authorities, MADD, the South Carolina Baptist Convention, and many other groups. Hopefully we can get similar legislation passed early next session.

HOMELAND SECURITY

       We are one of the first states in the nation to adopt legislation about homeland security. The bill allows SLED wiretapping authority in order to investigate terrorist activity and certain related serious crimes. The legislation updates current law to expand the definition of Bombs, Destructive Devices, and Weapons of Mass Destruction so as to parallel federal provisions. It provides mandatory death or life sentences for acts of terrorism that cause death and imprisonment for no less than 25 years for acts of terrorism that do not cause death. It gives the State Grand Jury jurisdiction over computer crimes and terrorist acts.

       The Homeland Security Act gives the Governor the authority to declare a state of emergency for public heath emergencies, and establishes the Emergency Health Powers Act that extends broad authority to the Department of Health and Human Services in the providing for vaccinations and quarantines in the event of a health emergency. In the event of biological terrorism, the legislation provides for the reporting of unusual illnesses by coroners, health care providers, pharmacists, veterinarians, and farmers.

       This law provides penalties for price gouging during emergencies and exempts security plans from the Freedom of Information Act. It also creates the "First Responders Advisory Committee" that will constantly research, study, and determine the ongoing needs of first responder groups and report this to the General Assembly. It establishes a statewide Urban Search and Recovery Team under the Adjutant General's command.

GUARDIAN AD LITEM

       Great concerns have been expressed regarding the use of the guardian ad litem in Family Court proceedings. This is the practice of Family Court judges appointing individuals to act as advocates of children in disputed custody cases by investigating family circumstances and reporting to the court findings that affect the judges' decision regarding the placement of children within a divided household. Upon the signature of the Governor, this bill provides requirements for when a family court judge may appoint a guardian ad litem, and establishes certain standards for qualifications of the individual serving as a guardian ad litem.

CHARTER SCHOOLS

       Legislation was approved which revises the organization, operation, and governance of charter schools in South Carolina. The bill requires a racial quota of 20% of the school district or the targeted population, but allows for a variance if the charter school committee is not operating in a discriminatory manner. Applications for charter schools will first be reviewed by a Charter School Advisory Committee, which will consider the applicant's compliance with established standards reflected in the bill. Final approval will still be made by the local school board. Some start up money will be available to assist new charter schools.

LEGISLATION DIRECTLY AFFECTING YORK COUNTY

       Winthrop Trustees. This is a bill I introduced that revamps the requirements for the Winthrop University Board of Trustees. In order to insure a broad statewide representation on the Board, of the 7 members elected by the General Assembly, one member must now be elected from each Congressional District. This will allow for greater potential in fundraising and diversified enrollment.

       Capital Projects Sales Tax Act. The law that allowed you to choose to impose a local penny sales tax on gasoline that has provided the county with such extensive road expansion did not allow for the opportunity to continue this program, except by vote in a general election. I introduced the Capital Project Sales Tax Bill to give you the opportunity to decide if you want to continue this program of development with the vote taking place at some time other than the general election. Given the tremendous growth and development of our area, I am very pleased that this legislation passed. The referendum for this option should take place in 2003.

YOUR INPUT IS NEEDED

       I need your input when there is an issue pending that you have knowledge of or which will have an impact on you. As your State Senator, I presently serve you as Chairman of the York County Legislative Delegation, Chairman of the Senate Ethics Committee, and as a member of the Senate Finance, Education, Banking & Insurance, Medical Affairs, and General Committees. Without your input, the General Assembly may make decisions based on inadequate information.

       As your State Senator, my ongoing goal is to give the citizens of York County the best possible representation in State Government. As a means to keep you better informed, this District 15 Report is a quarterly newsletter concerning events occurring in the General Assembly. Due to the cost of mailing, I will not be able to mail a copy to everyone in the District; however, you may find copies of this report placed in the various public locations.

       Also, this report along with all my others may be viewed on my website, (www.weshayes.com). I try to have a public meeting every quarter at an accessible location, and I certainly invite you to come, express your opinion, and ask any questions which you might have.
Any ideas you may have as to how this newsletter could be improved are most welcome.


       If you need assistance or information or want to discuss an issue, you can contact me at:


Senator Wes Hayes
1486 Cureton Drive
Rock Hill, South Carolina 29732
803-328-8532 (h)
803-324-2400 (w)
803-324-5030 (fax)

OR

Senator Wes Hayes
Post Office Box 142
Columbia, South Carolina 29202
803-212-6410
803-212-6499 (fax)
E-mail: SET@scsenate.org


(Disclosure: This newsletter utilizes printed information provided by the State House of Representatives Department of Research.)