WINTER/SPRING
2006 NEWSLETTER
Senator Wes Hayes            District #15
Legislative Session Preview

After a very successful first year of the 166th South Carolina General Assembly in 2005, this second session is proving to be rife with challenges. This is my twenty-second session in the General Assembly as your legislator from York County. As in the past I continue to work to protect your rights to control local government, and to insure state government serves you by providing quality services in a fiscally responsible manner. Here are some key issues being considered this year by your General Assembly.

PROPERTY TAX REFORM: Many people across the state have expressed concerns about increases in property taxes. As a response to these concerns, both Chambers are considering legislation and resolutions for Constitutional change that would drastically change how property taxes are assessed, who pays them, and to what use they are applied. The most prevalent plan under consideration is the “tax swap” approach. While complex, the general concept of this plan would be to swap over 85% of all property taxes for a statewide 2% sales tax. Both Chambers are also looking at changing the way property value is assessed every five years.
The “Swap” is bad for business because under these circumstances, business and industry will be double taxed. They will pay property taxes and sales taxes on goods they purchase.
In addition to this, York County could realize a major population shift from Mecklenburg and Gaston Counties by residents moving south to escape paying property taxes in North Carolina.
Finally, this new taxing arrangement would shift control of education to a central bureaucracy. Power follows the money. If the bulk of taxes are collected at the state level through statewide sales taxes, then the authority to use and distribute those taxes will be held by that central authority.

CHARTER SCHOOL ACT: This Bill establishes, as an alternative source for granting school charters, an independent Statewide School District for Charter Schools. Under the provisions of this Bill, Charter Schools can be established by local school districts or by the Statewide Charter School District. The State Charter School District Board of Trustees will have the same responsibilities with respect to charter schools as Local School Boards. It will grant charter status to qualifying applicants and will determine district policy for the Statewide Charter School District.
Charter Schools have shown that they can be a viable part of public education. This Bill expands these concepts while providing appropriate regulatory controls.

SAFE SCHOOL INITIATIVES: Much concern has arisen over safety in schools. Because of this, bills have been written to protect students from assault by bullies on school buses and at school facilities. Legislation has been introduced to protect teachers from assault as well. If passed, these bills will take disciplinary action for acts of violence and intimidation away from school administrators, and give it to the courts of criminal justice. Acts of violence and intimidation at school by students will be treated the same as any acts of assault.

MANDATORY SCHOOL START DATE: Over the last several years, attempts have been made by legislators representing areas of the state with high tourist rates, to establish mandatory school start dates statewide. They advocate that schools not affected by the tourist trade are able to prepare students more for mandatory testing by starting early, therefore having an unfair advantage in how the students score. The current bill in the House is expected to pass shortly. Because of this, I expect a major debate on this issue in the Senate.

PURSUIT OF CRIMINALS ACROSS STATE LINES: An ongoing problem in York County has been criminals leaving a crime and fleeing into North Carolina. Under current law, South Carolina police officers cannot pursue them. I have introduced legislation that allow South Carolina to enter into a reciprocal agreement with North Carolina and Georgia. This will give each state equal authority to chase criminals across borders. This bill is now has passed the General Assembly and awaits the Governor’s signature.

DISARMING A LAW ENFORCEMENT OFFICER: Statistics show that a major cause of death to officer’s is by their own weapon. This happens when their weapon is taken from them as they try to subdue a suspected criminal or stop a domestic dispute. Last year, I introduced a bill making it a felony to take a weapon or firearm from the possession of a law enforcement officer. This Bill is in the House Judiciary Committee. It recently gained favorable approval in subcommittee, and will be considered by the full Committee soon. I expect this bill to pass before the end of session.

MENTAL HEALTH PROPERTY ACT: Last year Governor Sanford encouraged State Agencies to sale property, not in active use, to help elevate budget shortfalls. The State Department of Mental Health is one such agency. Because mental health needs are critical, I recently introduced legislation that would restrict proceeds from sales by this agency to be used only to support mental health needs. Over 20 Senators from both political parties have signed this bill as co-sponsors. Because of this broad bi-partisan support, I expect this bill to pass into law before the end of Session.

BILLBOARD PROTECTION ACT: This Bill requires local governments to compensate billboard sign owners and property owners when their local ordinances require these bill boards to be removed. This Bill has passed both the House and Senate, but amendments remain. I anticipate differences will be worked out in a Conference Committee with the bill being passed shortly after.

EMINENT DOMAIN: Since a recent decision by the U.S. Supreme Court allowed a certain local and state government to condemn individual property for acquisition for economic development purposes, many Bills have been introduced to protect the rights of property owners. Both House and Senate are working to insure that private property will not be condemned by eminent domain for any purpose unless the condemnation is for public use. In order to do this, a referendum to change the State Constitution will be required. If passed by the General Assembly, voters will have the opportunity to vote in November to approve or disapprove changing the Constitution for this purpose.

REPEAL OF “BLUE LAWS”: Legislation to repeal the Blue Laws passed the House, and soon will be on the Senate’s Calendar for debate. While provisions in the Bill include protection of an employee’s right not to work on Sunday, it is likely that a repeal of these laws will occur. This will allow a variety of businesses to open all day Sunday. This bill has wide support of local businesses as it will allow them to compete more fully with Charlotte businesses who do operate under the same restrictions. The legislation makes no changes to present laws that prohibit or otherwise regulate the sale of alcoholic beverages on Sunday. These prohibitions will remain.

CATAWBA RIVER BASIN BI-STATE COMMISSION: I reported in my last newsletter that this Commission has been established. Its purpose is to study the impact of growth and economic development upon the Catawba River, and make recommendations to both General Assemblies as to actions that need to be taken to protect this vital resource.
There has been a great deal of attention given to the issue of an interbasin transfer of water from the Catawba River Basin to the Pee Dee River Basin of the Concord/Kannapolis area. This request was in place and being reviewed by the N. C. Dept. Of Natural Resources before the Commission was formed. The Commission has heard public comments about this issue and is evaluating the conditions that caused its request.

A JOINT RESOLUTION BY THE SC GENERAL ASSEMBLY OPPOSING THIS TRANSFER was introduced in the House by Rep. Gary Simrill. This resolution passed the House and is now in the Senate. I support this resolution, and I have moved to recall it from Committee. It is now on the Senate Calendar and should be approved in the near future.

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.