WINTER NEWSLETTER
2007 LEGISLATIVE SESSION
CURRENT ISSUES
Senator Wes Hayes
District #15
RESTRUCTURING OF
STATE GOVERNMENT. In his “State of the State” address the Governor listed
“Government Restructuring” as one of his priorities. While he did not
elaborate in his speech, he was referring to placing many “Constitutional
Offices” under the appointment of the Governor. “Constitutional Offices”
are Governor, Lt. Governor, State Treasurer, State Comptroller General, State
Superintendent of Education, Secretary of State, and Adjudent General of the
State National Guard. In support of the Governor, several legislators have
already introduced legislation calling for placing these changes on the ballot
on the next election. The responsibility of changing the Constitution lies with
the General Assembly and the people. The strategy is to have individual
resolutions introduced for each Constitutional Office, therefore making it
possible for certain offices to make it to the ballot. The Governor would also
like to see the Department of Transportation under his cabinet.
EDUCATION FINANCING. Last year the General Assembly passed broad changes in the
education funding process, transfering much of education financing to the state
through sales tax provisions thereby eliminating a large portion of local
property taxes. The State Senate appointed the Education Funding Committee,
which I chaired, to study this situation. After an exhaustive study, the
committee presented the following recommendations: 1)The Board of Economic
Advisors provide actual estimates of the state’s reimbursements to school
districts by February 15, 2007; 2)maintaining distribution schedules of the
$100,000 for School Operations and the $50,000 for Homestead School District
Reimbursements; 3)Clarify the law defining the increase in the Consumer Price
Index and Population in relation to school funding; and, 4)clarify the law
relating to school districts with limited fiscal autonomy.
The committee has requested additional information and plans to continues its
study of the new education funding distribution process.
EARLY CHILDHOOD EDUCATION. Last legislative session, a temporary provision was
placed in the budget that established the “Child Development Education Pilot
Program.” Also, Senator Courson, Senate Education Committee Chairman,
appointed a bipartisian committee, in response to a court ruling, to identify
inequities in public education between rural and urban districts in South
Carolina. I served on this select committee that studied these issues over the
past year. As a means to resolving these current conditions, the committee is
considering the “Child Development Program” as one possible resolution to
these inequities identified by the court. Programs like these would encourage an
appreciation of learning in children at an early age and would be beneficial in
both rural and urban areas, especially in low income families. The committee
expects to recommend legislation to this end during the current session.
WATER SURFACE REMOVAL PERMITTING AND INTERBASIN TRANFERS. Recently, North
Carolina decided to allow 10 million gallons of water a day to be removed from
Lake Wylie and transferred to the Concord/Kannopolis area of North Carolina in a
process called an Interbasin Transfer. Presently, Georgia is considering
removing water from the Savana River to be given to the city of Atlanta. All of
this is being done without consideration of South Carolina’s needs or
consideration in the matters. This has caused me to realize more accutely the
value of water in South Carolina and the General Assembly’s need to protect
our natural resources. In addition to many lawsuits that are being initiated
because of these actions, I am introducing legislation that will require any
entity, such as municipalities and industries, who remove water more than
3,000,000 million gallons of water a month from the surface waters of South
Carolina to apply for and receive a “Permit” for this use. In addition to
giving legal rights to the “Permitted” users, this Legislation will allow
South Carolina to measure the amount of water being used and insure that our
waterways will be protected by guaranteeing enough flow of water to protect
their ecosystems. Georgia presently has “Surface Water Permitting Policies,”
and I am working hard to gain commitments from North Carolina to enact similar
laws.
CATAWBA INDIAN RESERVATION GAMBLING. Last year the Catawba Indian Nation failed
to gain approval from the General Assembly to open a category “B” Gambling
Casino in Orangeburg County. This facility would have provided high speed, high
stakes electronic bingo. This gambling would be very similar to video poker,
which has been eliminated in South Carolina. Having failed in this venture, the
Catawba Indian Tribe announced it would provide video poker gambling within the
boundaries of its reservation in York County. York County Council, supported by
the Governor and the State’s Attorney General, denied this action stating that
the laws of South Carolina prohibit gambling. The Catawba Tribe filed for court
action. Recently, the Catawba case was heard by the State’s Supreme Court. The
Court’s decision is pending.
UNDERAGE DRINKING. I have heard concerns from citizens across York County,
including parents of young people who died as a result of alcohol abuse, about
underage drinking. Because of this, I have joined Sen. Lourie in the
introduction of the “Prevention of Underage Drinking and Access to Alcohol Act
of 2007.” This is a comprehensive overhaul of our current law providing
stricter enforcement and penalties reaching from the young abuser to the
businesses and adult providers. Law enforcement and the courts will have
significantly less discretion in dealing with this issue as this new law will
provide well defined and immediate consequences to these illegal actions.
DUI LAWS. In addition to the issue of underage drinking, South Carolina needs to
toughen and clarify our laws against Driving Under the Influence of Alcohol and
Drugs. Several Bills, dealing with expanding current laws and tightening
existing enforcement of these laws, are being introduced this session, which I
intend to support.
IDENTITY THEFT. I have joined Senator Thomas in sponsoring “Identity Theft
Protection” legislation. This Bill provides for protection in connection with
consumer credit reporting agencies, financial institutions, and other entities
who require and use personal identity verifications such as Social Security
Numbers. If passed, it will require extensive security measures be applied in
the dissemination of this information.
WORKERS’ COMPENSATION.
Legislation to revise the Workers’ Compensation System in South Carolina is
expected this year. The purpose of the legislation is to combat fraud by placing
a greater burden of proof upon the applicant. There is also an intent to revise
or phase out the “Second Injury Fund,” which is an insurance program that
reduces risks employers may bear for future claims from previously injured
workers.
THIS NEWSLETTER, concerning events occurring in the General Assembly, is
provided to keep you better informed. Due to cost of mailing, I regret I will
not be able to mail a copy to everyone in Senate District #15. 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.
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