(Published by the Office of Research of the House of Representatives)

HOUSE WEEK IN REVIEW
March 23, 2012

The House of Representatives amended, approved, and sent to the Senate H.4967. The legislation provides for comprehensive RETIREMENT SYSTEMS REVISIONS as a means of securing long term financial health for South Carolina’s employee pension plans. The legislation revises eligibility criteria for the South Carolina Retirement System, which serves public school teachers and most state government employees, by requiring new employees to have at least thirty years of service in order to be eligible to retire at any age with full benefits. Current employees invested in the South Carolina Retirement System retain their twenty-eight year eligibility. The legislation increases the employee contribution rate by one percent for both the South Carolina Retirement System and the Police Officers Retirement System, corresponding to a one percent increase in the employer contribution rate recently approved by the Budget and Control Board. The employee contribution rate increase is to be phased in over the course of two years. The legislation eliminates the current provisions for awarding cost of living adjustments to retirees that tie COLAs to inflation, and, instead establishes benefit adjustment provisions that award an increase in retiree benefits, of up to 2.5%, in a year when criteria are met that show a satisfactory rate of return on pension system investments. Anti-spiking measures are included to disallow eleventh hour raises and steps taken at the end of service that can distort pension benefits. The legislation revises the method of calculating average final compensation for determining pension benefits by requiring a computation that uses the employee’s five highest years of compensation, rather than the current three highest years. The legislation eliminates the addition of unused sick leave in the calculation of creditable service and provides that unused annual leave may not be added to the average final compensation. The legislation revises South Carolina Retirement System provisions so that overtime not mandated by the employer will no longer be considered earnable compensation, but these overtime revisions do not apply to the Police Officers Retirement System. The legislation discontinues the Teacher and Employee Retention Incentive (TERI) Program by closing the program to new employees. The legislation revises the General Assembly Retirement System by increasing the employee contribution rate by one percent and discontinuing provisions that allow legislators to begin drawing retirement benefits while continuing to serve in the General Assembly. The legislation provides that interest will not accrue on inactive pension accounts. The legislation provides for revisions that make the purchase of service credit actuarially neutral.

The House gave second reading approval to H.4654, a bill relating to the APPLICATION OF THE POLLUTION CONTROL ACT which regulates the discharge of sewage, industrial waste, and other pollutants through permitting programs at the Department of Health and Environmental Control. The legislation responds to a recent South Carolina Supreme Court ruling as it relates to who has standing to file a lawsuit under South Carolina’s Pollution Control Act and whether the act addresses waters, such as Carolina Bays and other isolated wetlands, for which DHEC has no permitting program. The legislation specifies that no private cause of action is created by or exists under the Pollution Control Act. The legislation provides that Pollution Control Act permit requirements do not apply to: (1) discharges in a quantity below applicable threshold permitting requirements established by the department; (2) discharges for which the department has no regulatory permitting program; or (3) discharges exempted by the department from permitting requirements. The legislation specifies that these limitations on permitting requirements must not be construed to impair or affect common law rights, repeal prohibitions or requirements of other statutory law or common law, or diminish the department’s authority to abate public nuisances or hazards to public health or the environment, to abate pollution as defined in the Pollution Control Act, or to respond to accidental discharges or spills. The legislation specifies that it must be given retroactive effect and extinguishes any right, claim, or cause of action by any person except the State, State agency, State department, or State instrumentality in any action or claim arising under or related to the Pollution Control Act.

The House concurred in Senate amendments to H.3793, which addresses SYNTHETIC MARIJUANA AND OTHER SYNTHETIC DRUGS, and enrolled the bill for ratification. The legislation adds numerous materials, chemical compounds, mixtures and preparations, including those commonly known as bath salts, spice, and K2, to the list of Schedule I controlled substances, which are unlawful for members of the general public to purchase, sell, distribute, manufacture, or possess. The legislation also enhances the Department of Health and Environmental Control’s authority to make changes to the schedules of controlled substances while the General Assembly is not in session and when changes occur in federal law regarding controlled substances.

The House concurred in Senate amendments to H.3333 and enrolled the bill for ratification. The legislation makes revisions regarding SMALL BUSINESS HEALTH INSURANCE COOPERATIVES to encourage the use of provisions that allow small businesses to pool their resources as a means of negotiating favorable health insurance coverage for their employees. Notably, the legislation revises excess stop loss coverage requirements for these multiple employer self insured health plans or multiple employer welfare arrangements (MEWA). This legislation also makes revisions to insurers’ securitization requirements and requirements for financial statements filed with the Department of Insurance.

The House concurred in Senate amendments to H.3631, and enrolled the bill for ratification. Relating to the requirements for conducting PRESCRIBED FIRES, this legislation further specifies supervision requirements for a prescribed fire manager, and it references specific regulatory and statutory provisions applicable to conducting a prescribed fire. This legislation also provides that a property owner or lessee or his agent or employee conducting a prescribed fire pursuant to these statutory provisions is not liable for damage, injury or loss caused by the resulting smoke of a prescribed fire unless gross negligence or recklessness is proven.

The House amended, approved, and sent to the Senate H.3130, legislation PROHIBITING MINORS FROM SEXTING. This legislation provides that it is unlawful for a child who is less than seventeen years of age to use a telecommunications device to knowingly transmit or distribute to another person a photograph or text message with a photograph attachment depicting a person who is less than eighteen years of age in a state of sexual activity or a state of sexually explicit nudity. A child adjudicated delinquent for this offense may only be sentenced to a maximum $100 fine. A child who violates these provisions shall not be taken into custody, arrested, placed in jail or in any other secure facility, committed to the custody of the Department of Juvenile Justice, or found to be in contempt of court for a violation or for failure to pay a fine. A child less than seventeen years of age who violates these provisions, or who receives or possesses a photograph transmitted by a telecommunications device or text message with a photograph attachment depicting a person who is less than eighteen years of age in a state of sexual activity or sexually explicit nudity shall not be prosecuted under the state’s child pornography criminal provisions unless, upon motion by the solicitor, the family court determines that it is in the interest of justice for the child to be prosecuted. A child less than seventeen years of age does not knowingly transmit or distribute the material by reporting the matter to a law enforcement agency, teacher, principal, or parent or by affording a law enforcement agency, teacher, principal, or parent access to the image.

The House returned S.710, which allows for VETERAN STATUS DESIGNATION ON THE FRONT OF DRIVER’S LICENSES AND SPECIAL IDENTIFICATION CARDS, to the Senate with amendments. Upon an individual’s request, proof of eligibility and payment of a one dollar fee, this legislation allows the Department of Motor Vehicles to include a veteran status designation on the front of a driver’s license or special identification card.

The House amended, approved, and sent to the Senate H.4699, legislation which provides for ADDITIONAL CIRCUIT COURT JUDGES AND FAMILY COURT JUDGES. This legislation increases the number of at-large circuit court judges from thirteen to sixteen. The legislation also adds three additional family court judges who shall be at large and must be elected without regard to their county or circuit of residence.

The House amended, approved, and sent to the Senate H.4787, the “PORTABLE ELECTRONICS INSURANCE ACT”. The legislation provides for the licensure and regulation of vendors of insurance covering the repair or replacement of portable electronic devices. The legislation provides requirements relating to the sale of portable electronics insurance under a limited lines license, establishes disclosure requirements for vendors of such insurance to prospective consumers, provides licensure fees and surcharges, and establishes penalties for violations.

The House amended, approved, and sent to the Senate H.4680, a bill relating to REDUCTION OF A SENTENCE WHEN A DEFENDANT PROVIDES SUBSTANTIAL ASSISTANCE TO THE STATE in investigating or prosecuting another person or in averting danger for a Department of Corrections employee. The legislation eliminates the requirement that the assistance be provided after sentencing and clarifies that a defendant’s sentence may be reduced below the minimum term of imprisonment provided by law under certain circumstances. Reduction of the sentence below the minimum term of imprisonment is in the court’s discretion. A motion made pursuant to these provisions must be filed by the Attorney General or the circuit solicitor in the county where the defendant’s case arose. The state must provide notice of these sentence reductions to the victim of the original offense.

The House amended, approved, and sent to the Senate H.4603. Current law prohibits an offender from participating more than once in a SOLICITOR’S PRETRIAL INTERVENTION PROGRAM. This legislation provides that a solicitor, in his discretion, may consent to allow an offender to participate in a pretrial intervention program more than once. However, a person may not be considered for intervention if he has previously been accepted into a pretrial intervention program for a criminal domestic violence offense.

The House amended, approved, and sent to the Senate H.4763, a bill revising PRENEED FUNERAL CONTRACT provisions. This bill establishes a biennial term for preneed funeral contract licensure and provides for a $250 initial licensure fee and a $200 fee for each license renewal application. The Department of Consumer Affairs is directed to use half of the renewal fee for administration and deposit the other $100 dollars of each license renewal fee into the Preneed Loss Reimbursement Fund, which is used to make reimbursements in cases of fraud where payments have been made in advance for contractual funeral services that were never provided. The legislation eliminates the provision that sets the maximum amount of the Preneed Loss Reimbursement Fund at five hundred thousand dollars with a five percent adjustment compounded annually.

The House amended, approved, and sent to the Senate H.4008, pertaining to HOSPITALS. This legislation provides that there is no monetary liability, and no cause of action for damages arising against, a hospital and certain entities and individuals linked to the hospital for undertaking or performing certain acts without malice. In addition, the act must have taken place after a reasonable effort to obtain the facts and a belief that the act was warranted by the facts. The act or proceeding must relate to: sentinel event investigations or root cause analyses prescribed by the Joint Commission or an appropriately accredited organization; investigation of medical staff member competence or conduct, disciplinary actions/proceedings or fair hearings; quality assurance reviews; medical staff credentialing process; reports to insurance carrier; quality of care reviews/investigations, or certain quality of care reports/statements. The legislation also includes provisions about the confidentiality of various proceedings, data, documents and records and information.

The House amended, approved, and sent to the Senate H.4513, relating to the ADULT PROTECTION COORDINATING COUNCIL under the auspices of the South Carolina Department of Health and Human Services (DHHS). This legislation revises the membership on the council and makes technical corrections. Duties of the council are subject to the appropriation of funding and allocation of personnel to carry out the functions of the council, and staffing for the council must be provided by DHHS. This legislation also revises the duties of the council. Among other things, it adds the requirement that the council annually prepare and distribute to the membership and the members of the General Assembly a report of the council’s activities and accomplishments for the calendar year.

The House approved and sent to the Senate H.4726, legislation relating to the powers of public service district and special purpose district commissions, including the power to assess the cost of the ESTABLISHMENT AND CONSTRUCTION OF A SEWER LATERAL COLLECTION LINE. This legislation provides that if a residential subdivision received conceptual approval from the Department of Health and Environmental Control for septic tank use and subsequently five or more lots in the subdivision were denied permits by the department, an assessment may be levied on the abutting parcels in the subdivision for the actual costs of the sewer lateral collection lines, transmission lines, and associated infrastructure. It further provides that a letter or certificate of the department establishes these conditions authorizing the assessment.

The House approved and sent to the Senate H.5026, a bill relating to hearings and proceedings before the ADMINISTRATIVE LAW COURT, which eliminates an obsolete reference exempting appeals from the Department of Employment and Workforce to the court.

The House refused to concur in Senate amendments to H.3527, legislation that provides it is UNLAWFUL FOR AN INMATE TO BE A MEMBER OF ANY INTERNET-BASED SOCIAL NETWORKING WEBSITE.

The House refused to concur in Senate amendments to H.3241, a bill making REVISIONS TO CHARTER SCHOOLS provisions.

(Published by the Office of Research of the House of Representatives)

HOUSE WEEK IN REVIEW
March 16, 2012

The House of Representatives approved and sent to the Senate H.4813, the General Appropriations Bill, and H.4814, the joint resolution appropriating Capital Reserve funds, which together comprise the $6 billion proposed STATE GOVERNMENT BUDGET for fiscal year 2012-2013. The proposed budget includes $5.979 billion in general funds.

Nearly $400 million is placed in the financial reserve accounts that the state draws upon to cope with budget shortfalls, the General Reserve Fund and the Capital Reserve Fund. $549 million goes to the state’s property tax relief fund.

$77 million is devoted towards paying off the unemployment insurance loan that the state had to obtain from the federal government when South Carolina’ jobless benefit fund became insolvent. This State Unemployment Tax Authority (SUTA) debt funding is provided to reduce the unemployment insurance taxes that all the state’s businesses pay for their employees, amounting to an average savings of 12.3% or $51.11 for each worker.

An additional $10 million is provided for the Deal Closing Fund that the Department of Commerce uses to recruit new business to the state. The budget legislation also provides that this economic development fund is to receive South Carolina’s share of the multi-state mortgage settlement reached with the nation’s major lending institutions which is expected to be around $30 million.

The Harbor Deepening Reserve Fund is created within the State Ports Authority and $180 million is provided to pay the state’s full share of deepening the Charleston Harbor so that South Carolina can remain competitive in maritime shipping with a port capable of accommodating the larger vessels that will pass through the newly-expanded Panama Canal.

An additional $152 million is included for K-12 education, allowing for an increase in the Base Student Cost to $2,012 per student. Additional funds are to be used to provide a 2% pay raise for teachers. School districts that demonstrate they are unable to fund these pay increases may apply for a waiver. An additional $5 million is provided for the state’s Public Charter School District.

The budget legislation discontinues state-funded teacher salary supplements for National Board Certification by suspending the incentive program for new applicants during the coming fiscal year. A Joint Teacher Salary Study Committee is created to examine potential changes to the state’s teacher salary schedule that may include a pay for performance model.

$6.2 million is provided for school buses and the Department of Education is provided the flexibility of either purchasing or leasing vehicles.

Full funding is provided for the LIFE, HOPE, and Palmetto Fellows scholarship programs.

Over $24 million is devoted to worker training through the Ready SC Program at the state’s technical colleges.

$28.25 million is included to grant a 2% state employee pay raise. The increases needed to fund the Employee Health Insurance Program are divided equally between employer and employee, representing a monthly increase of $7.33 for the average employee. Full funding is provided for the employer share of the increases needed for the state’s retirement systems.

An additional 3% pay raise is provided for Class One officers at the Department of Public Safety, The Department of Probation, Pardon, and Parole Services, and the Department of Natural Resources for a total raise of 5% for these employees.

Over $21 million in new funds is provided for the state’s two primary law enforcement departments, South Carolina’s Law Enforcement Division (SLED) and the Department of Public Safety.

Funding is provided to add three Circuit Court judges and three Family Court judges to cope with caseloads.

Full funding is provided for the Medicaid program’s Maintenance of Effort which allows the program to continue to offer services at the current level. Funding for the state’s health insurance program for low-income residents accommodates the inclusion of around 70,000 children who already qualify for participation in the program, but had not yet been enrolled.

The Department of Health and Environmental Control is provided $1 million for the AIDS Drug Assistance Program, $1 million for child immunizations, and $1.8 million for community health centers.

Over $18 million in funding is restored for the Department of Mental Health.

$3.6 million is provided to Vocational Rehabilitation for a nearly complete match of available federal funds.

The House approved a suspension of the requirement for distributing 4.5% of the previous year’s state General Fund amount to the counties and municipalities and, instead, keeps the Local Government Fund at its current reduced level of $182 million. A flexibility provision is included that allows a political subdivision to reduce its support of any state mandated program or requirement by up to a percentage equal to the reduction in the Local Government Fund. Local governments may not, however, reduce support for solicitors, public defenders, or any judicial functions.

A budget proviso prohibits counties, municipalities, and all other local government entities from using taxpayer funds to pay for lobbying activities. The Governor’s Office is also prohibited from using General Fund appropriations to compensate employees who engage in lobbying activities.

The Department of Employment and Workforce is required to make a comprehensive report on its finances and conduct.

Funding is increased by $8 million for the destination-specific tourism advertising program at the Department of Parks, Recreation, and Tourism.

Funding is increased for the Forestry Commission by nearly $6 million to enhance the state’s capabilities in fighting forest fires.

For Immediate Release
Thursday, March 15, 2012
Contact: Luke Byars
(803) 931-0580

Ballentine Focuses on Jobs

Announces Campaign; Learn More at www.nathansnews.com

(Chapin, SC) – Today, businessman Nathan Ballentine announced his campaign for reelection to the State House of Representatives, District 71. Ballentine serves the people of Irmo, Chapin, and Dutch Fork. He has built a solid reputation as a civic leader committed to working well with others to get results that will help grow our economy and provide tax relief for South Carolina.

“I truly understand the impact this economic downturn has had on our state. I am committed to do anything and everything I can to help grow our economy, promote business development and ultimately create more jobs. While we have made some improvements recently, I will not be satisfied until everyone here that wants a good job can get a good job,” Ballentine said. “I want us to have the best place in the State to live, work and raise a family.”

Recent news stories have highlighted petty partisan politics and legislative infighting. This has left the perception that South Carolina government has become dysfunctional and ill prepared to partner with business groups to help grow our economy.

Ballentine, however is committed to working with others to get results, “I believe in standing tall on principle and I will continue to speak up whenever I feel that our collective liberties or personal freedoms are under attack or when a lack of transparency prohibits our State from moving forward. But, I have also learned it is important to work hard with others who are committed to improving our State and on projects of mutual benefit to all of us.”

Recognized as a “Friend of the Taxpayer” by the SC Association of Taxpayers, Ballentine is known for his fiscal conservatism and he has also received high marks from the conservation community. The South Carolina Chamber of Commerce and several other business and civic organizations have singled him out for his straightforward leadership in the legislature.

Going forward Ballentine’s #1 focus will continue to be jobs and economic development. His campaign message remains People, Not Politics. For more information, please visit www.nathansnews.com where Nathan openly discusses issues of importance to House District 71 and the Palmetto State.

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By Seanna Adcox, Associated Press

COLUMBIA, S.C. — The South Carolina House unanimously approved Wednesday a $6.5 billion state spending plan that gives most employees a 2 percent raise, boosts state law enforcement, and provides health coverage to up to 80,000 additional children.

It also sends an estimated $25 million from an impending nationwide mortgage settlement to the Commerce Department to help lure companies to the state, and covers the full $180 million state match toward deepening the Charleston harbor.

The House voted 115-0 to approve the 2012-13 spending plan for state taxes. The chamber then voted 113-0 on a separate measure designating $105 million from a rainy-day fund.

The measures face another perfunctory vote in the House on Thursday before heading to the Senate.
House Ways and Means Chairman Brian White thanked members for a civil debate, which began on the floor Monday and ended at an unusually early hour Wednesday. The House last approved a budget unanimously in 2008 and 2005.

House Speaker Bobby Harrell notes the budget contains more than $625 million in tax relief; 88 percent of which is property tax relief due to previously passed laws. The other $77 million gives employers of all sizes tax relief through unemployment insurance.

Harrell praised White for “phenomenal leadership” in his first year as head of the House budget-writing committee.

The separate measure for $105 million represents money put aside in the current fiscal year in case of a downturn. The biggest chunk – $47 million – goes to pay down debt in the unemployment insurance trust fund. The state’s unemployment agency still owes the federal government $780 million of the nearly $1 billion it borrowed to keep sending checks amid climbing jobless rates.

The House voted Wednesday to transfer an additional $30 million to that debt, taking it out of money used for county road maintenance to help hold rates down for employers. The combined $77 million represents an 11 percent savings in employers’ rates, though they’ll still see some increase. Keeping the rates as is would cost $95 million, according to the Department of Employment and Workforce.

To read more, click here

Click to enlarge map for more detail

As you know, the 2010 Census provided new, updated population numbers for our state as well as changed the political landscape in South Carolina – locally and in Washington.

As a state, SC picked up an additional Congressional Seat (“the 7th”) and that race has started to heat up along the coast. Closer to home, we had changes in local House and Senate lines based on either the growth (or lack of growth) in surrounding areas.

SC House District 71 has grown considerably in the past decade (one of the top 10 growth districts in the state) and for that reason, the geographical shape of the district had to be redrawn.

During the redistricting process last year, the House and Senate each took great pains to put forward new legislative districts that preserved communities and met with federal guidelines. As is routine, those lines were challenged in court, and just last week recently upheld, making them now official.

You can read about the resolution of the lawsuit here .

You can get also get a “refresher” on the redistricting process from a post I wrote last June.

Now that the lines are official, I wanted to let you know that I plan to soon file and run to represent District 71 again.

Serving the Irmo/Chapin community in Columbia continues to be an incredible honor. I can’t tell you how much I appreciate the support. Your emails, calls and comments all help me better understand differing viewpoints before ultimately casting my votes. Thank you for you willingness to contact me and participate in the process!

When I ran for this office originally, I did so with the idea that service is about “People, not Politics.” Those aren’t just words; they are truly something I’ve tried to live by during my time in office.

It’s been a pleasure to serve you these past four terms, and I hope you will give me the honor of allowing me to serve you again!

Photo courtesy from The State

Article by Gina Smith, The State

Longtime Columbia state Sen. John Courson was elected to the top post in the state Senate Tuesday, but the political musical chairs may not be over.

The 67-year-old Republican defeated Senate Majority Leader Harvey Peeler, R-Cherokee, by a 27-17 vote for the job of Senate president pro tempore, one of the most powerful in the Legislature.
Courson succeeds the Senate’s longtime leader Glenn McConnell. McConnell was sworn in Tuesday by S.C. Supreme Court Chief Justice Jean Toal as South Carolina’s new lieutenant governor, replacing Ken Ard who resigned last week.

While Republicans control the Senate — holding 27 of 46 seats — Democrats supplied Courson’s margin of victory after Republicans senators split between Courson and Peeler.

Democratic senators, who voted 18-1 for Courson, had expressed concern that Peeler, the Senate’s Republican leader, can be too partisan. Courson, chairman of the Senate’s Education Committee, also appealed to Democrats for his history of supporting public education and the University of South Carolina.
Peeler won Republican senators by a 2-to-1 margin.

“I feel very honored,” said Courson, who has been a member of the Senate since 1985 and is an insurance executive at Keenan Suggs Insurance in Columbia. “This position is elected by senators themselves so it is a real honor to have my fellow senators support me. But I’m also pleased that I received bipartisan support.”
Courson promised to be fair to Republican and Democrat senators alike, following the lead of former Senate leader McConnell, who vacated that post and lost his Senate seat when he was sworn in as lieutenant governor.

To read more, click here .

Monday (March 12th) at 11:00 a.m. the full House convenes to begin what is commonly referred to as “Budget Week”. Appropriating your tax dollars is, without a doubt, the single most important item we address every year in Columbia.

Simply put, it takes a lot of time and effort to put together a budget that provides core services to our state and, frankly as important, can garner enough votes to pass the House and be sent to the Senate.

The next few days allow all 124 House Members a chance to address any concerns on behalf of their constituents as well as attempt to amend any items from the House floor.

In my seven years in office, I have experienced many long debates during budget week. I can recall working through the night and adjourning early one morning around 7am. I can also remember “quick passage” in as little as two and a half days. This year, I imagine we’ll approve some version before Thursday.

As you may already know, we have greatly improved the process of providing the public with easier access into what will be debated and the actual budget itself. To that end, below are links that show you the numbers as passed by the House Ways and Means Committee.

H4813 Appropriations Bill

H 4814 Capital Reserve Fund

Provisos

I’d also like to point out that just a few years ago we made significant improvements to what irked many constituents: earmarks. More specifically: hidden earmarks. In the past few years, if there is not an item previously in last year’s budget or if a request was not asked for by a state agency in the new budget, that request would then be required to be listed on all our desks with the requestor’s name (House member/district), amount of the request, and brief description of the earmark. This way we could debate the merits instead of something simply sliding by unnoticed. I was proud to lead this effort which has helped curb what many commonly referred to as “pork projects” in the budget.

I don’t expect to see any major changes to the bill on the floor (that rarely happens); but that certainly won’t mean there won’t be lengthy discussions and several amendments trying to make changes.

One thing that is never enjoyable is those amendments that pit one group against another and cause hearburn for many elected officials. More often than not, those votes are the ones bound to be shared on the campaign trail by consultants and opposing camps. I’m sure you’ve seen them before in flyers or negative campaign ads…”When given the chance, Representative Jones voted against helping our children” or “Representative Jones chose to give your tax dollars away to (pick a group) instead of investing them wisely in (pick a group).” Such is the nature of politics; from both parties.

If you’re so inclined, you can always watch the hours of floor debate live by clicking here .

Of course, if you haven’t reached out to your Representative yet with your opinion or suggestions, now would be a good time as decisions will need to be made starting Monday afternoon.

(Published by the Office of Research of the House of Representatives)

HOUSE WEEK IN REVIEW
March 9, 2012

The House of Representatives amended, approved, and sent to the Senate H.4451, a bill PROHIBITING TEXTING WHILE DRIVING. The legislation provides that a person may not use an electronic communication device, such as a wireless telephone, personal digital assistant, text messaging device, or a portable computer, to compose, send, or read an electronic message, such as a text message, electronic mail, instant message, or a command to access an Internet site, while operating a motor vehicle on a roadway. The use of a global positioning system, navigation system or other device that is physically or electronically integrated into the motor vehicle is not a violation. The prohibition does not apply to a person operating a vehicle while: (1) off the traveled portion of the roadway; (2) using an electronic communication device in hands-free, voice-activated, or voice-operated mode; (3) activating or deactivating an electronic communications device or an internal feature or function of the device not associated with electronic messaging; (4) summoning medical or other emergency assistance; (5) an operator of a commercial motor vehicle reading a message displayed on a permanently installed communications device designed for a commercial motor vehicle with a screen that does not exceed ten inches tall by ten inches wide inside; (6) a law enforcement officer, firefighter, emergency medical technician, or other public safety official while in the performance of the person’s official duties; or (7) the vehicle is stopped, parked, or not in motion. A person who violates the prohibition is guilty of a misdemeanor that carries a fine of up to one hundred fifty dollars. A conviction for a violation may not be reported to the offender’s motor vehicle insurer nor may it be included in the offender’s motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by the State Law Enforcement Division. A violation is not negligence per se or contributory negligence, and is not admissible as evidence in a civil action. The legislation provides that a law enforcement officer may stop a driver for a violation only when he has probable cause that a violation has occurred based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is committing a violation. The legislation precludes law enforcement officers from searching a vehicle, driver, or occupant in a vehicle solely because of a violation of this prohibition and provides that information contained or stored in an electronic communications device is not subject to a search by a law enforcement officer without a search warrant. The legislation preempts local ordinances, regulations, and resolutions adopted by municipalities, counties, and other local government entities regarding persons using hand held and hands free wireless electronic communication devices while operating motor vehicles on the public streets and highways of this state.

The House amended, approved, and sent to the Senate H.4721, the “BUSINESS FREEDOM TO CHOOSE ACT”. The legislation provides that any prior, existing, or future county ordinance that restricts or prohibits disposal of waste at any permitted solid waste management facility, regardless of location, or impedes the development or implementation of a public or private recycling program, regardless of location, is considered inconsistent with the provisions of the South Carolina Solid Waste Policy and Management Act. The legislation provides that a local government must not be held liable for any costs or damages resulting from operation of a privately owned or operated solid waste management facility solely on the basis that solid waste managed at the facility was generated within the jurisdiction of the local government. The legislation also provides that a solid waste management facility owned and operated by a local government or local governmental entity must not be required to accept solid waste generated outside the local government’s jurisdiction unless the governing body of the local government approves the acceptance of this waste by a two thirds vote of its elected members.

The House approved and sent to the Senate H.4710, a joint resolution to suspend the statutory requirement that ALTERATIONS TO STATE AID TO POLITICAL SUBDIVISIONS must be approved in separate legislation. Suspension of the requirement allows the general appropriation bill’s funding proposals for the Local Government Fund to depart from the statutory requirement of distributing 4.5 percent of the previous year’s state general fund amount to the counties and municipalities. The legislation also affords temporary financial flexibility by authorizing counties to transfer among appropriated state revenues as needed to ensure the delivery of services for the 2012 2013 fiscal year.

The House approved S.1196 and enrolled the bill for ratification. The legislation officially designates the month of February of every year as AFRICAN AMERICAN HISTORY MONTH in South Carolina to emphasize the contributions of African Americans to the growth, development, culture, and institutions of the country.

The House concurred in Senate amendments to H.3393 and enrolled the bill for ratification. The legislation revises provisions specifying PERSONS WHO MAY SERVE AS A DECEDENT’S AGENT TO AUTHORIZE CREMATION, so as to further provide for those persons who, in order of priority, may authorize cremation.

The House concurred in Senate amendments to H.3711, a bill relating to an EXEMPTION FROM MOTOR CLUB SERVICES ACT REQUIREMENTS for in-vehicle security navigational, communications, and remote diagnostics services, and enrolled the bill for ratification. This bill provides that an entity that enters into a service contract with a club licensed under the Motor Club Services Act for the provision of emergency road service and towing service to its customers is not, itself, considered to be a motor club subject to the requirements of the Motor Club Services Act.

The House approved and sent to the Senate H.4517, a bill that provides for the international symbol of access wheelchair logo to be included on the WORLD WAR II SPECIAL LICENSE PLATE for individuals who qualify to be issued this license plate and a handicapped parking placard.

The House approved and sent to the Senate H.4582, a bill authorizing the Department of Motor Vehicles to issue DEALER LICENSE PLATES FOR THE UNITED SERVICE ORGANIZATION SOUTH CAROLINA AND THE AMERICAN RED CROSS.

The House amended, approved, and sent to the Senate H.4801. This bill revises the qualifications of persons who may be appointed to the governing board of the PIONEER RURAL WATER DISTRICT of Oconee and Anderson Counties and the manner of their appointment. The legislation also provides that the district must not contract for or undertake the construction of any new freshwater treatment facilities until January 31, 2016.

Irmo residents, please don’t forget that there’s a special election for Town Council tomorrow. Polls are open from 7 to 7. Since the election is to fill a vacancy, the winner will serve until December of 2013.

There are two candidates for the race. To read more about each candidate, visit the articles written by Irmo Patch.

Kathy Condom

Josh Smith

These races often aren’t “on the radar,” of people, but are incredibly important. Many decisions affecting people and businesses most directly are made at the local level, not at the Statehouse. Please take a few minutes tomorrow to vote if you live within town limits.

For the first time in 11 years, Columbia will hold a full marathon race in the city. Races like these are a great way to promote the area, and showcase everything the midlands have to offer.

In particular, I want to recognize one of our neighbors in the district, Dan Hartley, who is serving as the marathon’s director.

If you have a minute, check out this story about Dan’s hard work in organizing this event: