THE MOSS REPORT

The House of Representatives amended, approved and sent to the Senate H.4620, a joint resolution proposing an amendment to the South Carolina Constitution that would revise the manner in which certain constitutional officers are selected. Under the proposal, the secretary of state and the superintendent of education would no longer be selected by popular election, but would instead be appointed by the governor with the advice and consent of the General Assembly. The proposed amendment also provides for the joint election of the offices of governor and lieutenant governor, whereby an individual nominated for the office of governor would select a running mate for the office of lieutenant governor to run on the same ticket.

The House concurred in Senate amendments to S.453, the "FINANCIAL IDENTITY FRAUD AND IDENTITY THEFT PROTECTION ACT," and enrolled the bill for ratification. Highlights of the legislation include: requires address verification for credit card applications, requires local law enforcement to report an identity theft if contacted by a suspected victim, requires the State Law Enforcement Division to maintain an ID theft database, provides that a victim may petition a circuit court for a judicial determination of innocence and expungement of record, allows for a consumer to place a freeze on his credit information, prohibits a person from posting, printing, transmitting, selling, or exchanging a social security number or a portion that consists of six digits or more unless there is written authorization, there is a legitimate business or government purpose that provides a benefit, or for other specifically permitted reasons, restricts a business from printing the last five digits of a credit card number or the card expiration date on a receipt, requires businesses and state agencies that own or license computerized personal identifying information to disclose a breach of the security system should one be suspected, makes it unlawful for a person to obtain another's ID by rummaging through their personal, household, or commercial garbage; removes language that required an issuer of a credit card to get parental consent prior to issuing a card to a person under the age of 21.

The House amended, approved, and sent to the Senate H.4735, a joint resolution relating to the USE OF EDUCATIONAL TELEVISION NETWORK LICENSES AND EXCESS BROADCAST SPECTRUM CAPACITY. The legislation directs the Educational Television Network to make all necessary filings with the Federal Communications Commission as soon as practicable to indicate an intention to retain licenses currently operated by the Educational Television Network and an intention to form a public/private partnership to complete the necessary transition from an analog to digital system. However, Educational Television Network may not sell, lease, or otherwise alienate or obligate telecommunications and information technology infrastructure of the state until provided for by the General Assembly. The legislation directs the executive director of the State Budget and Control Board to hire, using funds from approved accounts of the Department of Commerce, a nationally-recognized telecommunications consultant to: provide an estimate of the value of licenses operated by the Educational Television Network; assist with the development of a request for proposal; analyze various business models for the leasing of excess capacity on the spectrum; and, analyze the feasibility of a wireless cloud over all public school facilities.

The House concurred in Senate amendments to H.3632, a bill providing that the Department of Labor, Licensing and Regulation may require a CRIMINAL HISTORY BACKGROUND CHECK OF AN APPLICANT FOR LICENSURE TO PRACTICE NURSING, and enrolled the bill for ratification. The legislation provides that the department may also require such a background check in connection with an investigation or disciplinary proceeding of a licensee. The legislation also provides that a licensed nurse must clearly identify himself or herself as officially licensed by the board. A licensed nurse is required to wear a clearly legible identification badge or other adornment at least one inch by three inches in size bearing the nurse's name and title as officially licensed.

The House approved S.1005, relating to AGE RESTRICTIONS ON BLOOD DONORS, and enrolled the bill for ratification. The legislation provides that a person 16 years old may donate blood with written consent of a parent or guardian. The bill also outlines that it is unlawful for person under 18 years old to sell blood.

The House amended, approved, and sent to the Senate H.3395, a joint resolution providing for a REPORT ON NET METERING PROGRAMS AT THE STATE'S ELECTRIC UTILITIES. Net metering is a means of calculating the energy that is consumed and produced at facilities equipped with renewable energy generators such as solar panels or wind turbines. The legislation provides that the South Carolina Energy Office and the Office of Regulatory Staff, not later than Jan. 1, 2009, shall provide a report to the General Assembly that recommends process and procedures for establishing net metering programs at all distribution electric utilities in South Carolina, including investor-owned electric utilities and the South Carolina Public Service Authority.

The House adopted H.4822, a House Resolution requesting that the governor apply for an EXTENSION OF THE DEADLINE TO COMPLY WITH THE FEDERAL REAL ID ACT before the deadline of March 31, 2008, which will allow South Carolina to analyze the impact of the Real ID Act but which will not require South Carolina to declare its intent to comply with this act thereby allowing the state's current credentials to be recognized and accepted during the extension period by the federal government and the Department of Homeland Security. The House adopted Concurrent Resolution H.4823, which also requests the application for extension and sent the resolution to the Senate.

The House approved and sent to the Senate H.4334, regarding EMERGENCY MEDICAL TECHNICIAN (EMT) CERTIFICATION. This bill requires a person seeking Emergency Medical Technician (EMT) certification or recertification to undergo a state criminal records check and a national criminal records check. The state and national criminal records checks are not required for an EMT employed as of July 1, 2008, until the EMT applies for recertification. A state criminal records check will cost no more than $8 and is the responsibility of the EMT or EMS agency.

If you have a comment or opinion concerning the matters discussed in this report, or if I may be of assistance to you at any time, please feel free to call your legislative office in Columbia (803-734-3073), office 422A Blatt Building, Columbia, SC 29211; or by e-mail at mossd@scstatehouse.net or my home in Gaffney (864-487-2121); or write 306 Silver Circle, Gaffney, SC 29340. Thank you for the opportunity to serve you in the House of Representatives.