Capitol Information Affiliates, LLC Volume XXVII Issue 10 March18, 2016
FOIA, Farm Aid, Refugees and Bingo
Hospice Alimony & Ethics Reform
Malloy Point of Personal Interest
Senator Malloy took the Senate floor Tuesday on a point of personal interest regarding the Conference Report adopted on H.3545, the criminal reform clean-up bill. He said, “South Carolina is in the top 5 in the country now. Our prison population has gone down from 25,000 to 21, 000,” said Malloy.
FOIA
The Senate Judiciary Committee met Tuesday and gave a favorable as amended report to H.3191creating the Office of the Freedom of Information Act within the Administrative Law Court. Senator Young said there were differences between the committee amendment and what was passed by the House of Representatives. He added that the language adopted in subcommittee “is the result of back and forth dialogue between the groups.”
Farm Aid
The Senate Finance Committee met Tuesday and gave a favorable as amended report to H.4717 the Farm Aid Fund. The Subcommittee held a brief meeting before the full Committee and reported the bill out favorable as amended. Senator Setzler moved to amend the amendment for a sunset of 2 years for the board but shortly thereafter withdrew his motion. He wants the board to be an advisory board created by the Agriculture Commissioner. Senator Leatherman recommended putting the sunset provision in the bill. Hugh Weathers, Agriculture Commissioner, said there was plenty of review and sunlight on where the money was going. Senator Peeler said he doesn’t see the point in adding this board and asked about the importance of $40 million. He believed the money to be recurring but was told it was non-recurring funding. Weathers said the advisory capacity is helpful. Peeler asked if it would make sense to do a tax credit instead of a grant and Weathers replied that timing is critical. Peeler said, “I am with you, I want to help the farmers in any way, but I don’t see what the magic is with $40 million. There is pushback from members and the Governor.” Leatherman said, “We have many small farms.People are hurting and are going to lose their farms. People can’t even buy the seeds. I am going to do everything I can to help the farmers out there.” The final amendment the committee agreed upon was to allow the Agriculture Commissioner to appoint the advisory board with a two-year sunset clause. The amendment explained that the board would allot money to the appropriate farmers with a calculation having to do with crop loss. Weathers reconfirmed this, saying “We are working with Clemson extension offices to work with farmers who don’t have computers and the same abilities as others. Advisory capacity is helpful.” Setzler further amended this and added that the Department of Agriculture would use current employees for the advisory board. Senator Grooms was the only dissenting vote. Groomshopes that after more explanation he will be on board. Before the meeting ended, Senator Lourie said he thinks
things need to be worked out more and said the bill can be held on the floor. He mentioned further amending H. 4717 on the floor to include dams.
Bingo
The House Ways and Means Sales and Income Tax Subcommittee met Tuesday and gave a favorable report to H.5034 regarding charitable bingo (excluding raffles.) Donovan Glassburn, South Carolina Charitable Association, testified that the bill was created as a clean-up bill. Jim Headly with Parks and Recreation expressed concern that their funding would be hurt. Representative Huggins said they did not have a fiscal impact but he did not think the bill would hurt them. Representative Murrell Smith asked why the percentage of distribution was changed and Glassburn answered, “To provide more money for charities. The revenue has declined over the years.” The bill would give them $80,000 a year in extra revenue. Huggins said they would verify the numbers and get a fiscal impact before the full committee.
Hospice Licensing
The House 3M Health & Environmental Affairs Subcommittee met Tuesday and gave a favorable as amended report to H.4327, dealing with Hospice Licensing and Service Areas. Marisette Hasan, Vice-President for Carolinas Center for Hospice and End of Life Care testified in support of the bill. An amendment to the bill stipulates that service areas for a parent hospice be located in contiguous counties, and that inspections be done annually on a rotating basis. Dr. Ridgeway asked about the rotating inspections and clarification was given that if a parent hospice had 4 satellite offices, each office would be inspected every 5 years. He then questioned what the difference was between an “office locations”
and a “work station.” A work station is an office maintained by a hospice that is solely for the use of its staff – gathering supplies, charting, etc.… and should not contain signage that leads the public to believe it is an operational office location. John Douglas, Executive Director of Hospice of Chesterfield County, also gave remarks in support of the bill. He addressed 3 recommendations that represent the consensus of many hospices: All locations must be listed on the parent organization’s license, hospices may operate work stations for use by staff only (no signage), and inspection by DHEC on a rotating
basis. There are currently 103 licensed hospices in South Carolina. Heather Jones with South Carolina Home Care & Hospice also gave remarks in support of the bill. Dr. Ridgeway asked the parties if they were ok with an amendment to the bill that gave currently licensed hospices a period of 24 months to comply with the new legislation. No one objected.
Real Estate Appraiser Licensure
House LCI Real Estate Subcommittee met Tuesday on H.5023 regarding real estate appraiser licensure. Jake Knight South Carolina Real Estate Appraisers Board Chairman was recognized to speak on the amendment to H.5023. Knight said one of the items the Board recommends is more latitude when handing out reprimands. “A lot of times a public reprimand is not necessary if an appraiser just needs to be educated on a particular matter,” he said. He also said that a public reprimand can keep an appraiser from being able to work because people won’t hire them. A private reprimand and education on a matter
would suffice.Representative Norman asked “Who’s pushing this?” Mr. Knight advised that the appraisers’ board has asked to push this forward because at the last audit there were issues that were out of balance with the regulations that the qualifications board requires them to have. Norman wanted to know if the bill would hurt BMA (best market analysis) because sometimes banks or others don’t want to go to the expense to hire an appraiser when they just need to get some basic information. Mr. Knight said that it would not hurt BMA because BMA can’t be used for lending decisions.The amendment was adopted unanimously.Neal Rashleyspoke on behalf of the South Carolina Bankers Association. He said that they support the bill but they did have an issue (that has been addressed) with the exceptions in Section 40-60-30. They were in favor of the third amendment that allows that evaluations can be done by unlicensed employees of a bank in lieu of an appraisal to the extent allowed by federal law. State chartered banks want to be able to do the same evaluations as federally chartered banks. There was a difference between federal regulations and state regulating authority. The nationally chartered bank doesn’t have to have a licensed appraiser so it doesn’t stand to reason that the state chartered bank would be held to a different standard.Billy Boylston spoke on behalf of the Credit Union Association and said he agreed with Neal Rashley’s comments and stressed the importance of the issue of parity.
Refugees
Senator Bryant took the Senate floor Wednesday to speak on S.997 regarding refugees in South Carolina. Bryant said Chief Keel said the federal government is not providing enough information on the refugees. Bryant said there were 87 refugees currently in the state and the bill directs DSS and state law enforcement to enroll these individuals. Bryant said no state funds would go to refugees. Senator Johnson spoke against the bill saying that during the Subcommittee hearing, people in the audience had their feelings hurt. He said if the bill passed they are succumbing to fear. Senator Kimpson spoke against the bill. When the Senate adjourned (vote was 20-19) there were 20 amendments on the desk. Senator Bright took the floor Thursday. After a great deal of discussion, Hutto and Bryant agreed to work on language.
Alimony
A Senate Judiciary Subcommittee met Wednesday and addressed several alimony bills. S.1097 regarding a modification of the alimony statute was given a favorable report. Senator Gregory said the bill deals with retirement and alimony. Senator Hutto said the retirement money should be subject to review at the time of retirement. The language comes from Florida. Hutto said they needed a modification with the paying party entitled to review alimony at the time of retirement. S.1115 regarding alimony public policy delineates that the public interest should be protected and that one party should not be preferred over another. S.1115 also received a favorable report. The Subcommittee added two bills to the agenda. S.1169 adds new forms of alimony. Transitional alimony is to be paid periodically and fixed term alimony is finite alimony support. Both forms of alimony may be modified based on circumstances. The bill also removed the 90 day requirement for court settlement. Hutto said the bill gives judges options. S.1169 was given a favorable report. S.1170 regarding factors listed for awarding alimony was also given a favorable report.
Move Over Awareness
The House of Representatives passed this weekH.4562 regarding interstate safety for police, emergency technicians and transportation workers. Move over Awareness Month would fall on April of each year and there will be activities that will promote awareness to the public. The bill also provides you must move over when you see a tow truck on the side of the road. Representative Hicks amended the bill to allow tow truck drivers to take a traffic management course free of charge. The Senate referred the bill to the Senate Transportation Committee.
Larry MartinHutto Points of Personal Interest
Senator Larry Martin took the Senate floor Thursday on a point of personal interest regarding the ethics reform bill. He said the Senate is being criticized for independent investigations. He said lies were being told on talk radio out of Greenville. Senator Leatherman said the same things are being said in his district. He said they don’t let the truth get in the way. Senator McElveen said he shared in Martin’s distaste for smear campaigns. He said they needed to do something about “dark money.”
Senator Hutto took the Senate floor Thursday on a point of personal interest on the same issue. Hutto also addressed dark money and said the Special Order bill does not deal with this.
FOIA and Dash Cams
A Senate Judiciary Subcommittee met Thursday and gave a favorable as amended report to S.913 regarding FOIA of dash cam videos. The Subcommittee adopted their compromise amendment. Chairman Martin said this moved them more toward federal standards. The subcommittee also adopted an amendment to redact last utterances from a 911 call.
Budget
The Senate Finance continued their budget hearings this week. The House of Representatives will come into session to debate the budget Monday, March 21, at 1:00 p.m.
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