THE MOSS REPORT

REP. DENNIS MOSS Benjamin Franklin once said, "Laws too gentle are seldom obeyed; too severe, seldom executed." Consider the actions taken by the Legislature this week and know that lawmakers draft legislation in reaction to requests from constituents, special interest groups, and their own personal life experiences. Bills that become law reflect the views of the majority in leadership. Your vote helps determine who is in the majority.

The House approved and sent to the Senate for ratification the following bills of interest:

The House approved S.1039, pertaining to PROHIBITIONS ON THE REGULATION OF FIREARMS, and enrolled the bill for ratification. This bill provides that counties and municipalities may not enact regulations to prohibit a landowner from discharging a firearm on his property to protect family members, employees, or the general public from animals posing a direct threat or danger on a parcel of land comprised of at least 25 contiguous acres.

The House approved and sent to the Senate, H.5003, a joint resolution directing the State Treasurer in fiscal year 2008-2009 to TRANSFER FROM THE HOMESTEAD EXEMPTION FUND TO THE EDUCATION FINANCE ACT RESERVE FUND sufficient monies, as determined by the Department of Education after consultation with the Department of Revenue, to provide each school district of this state with state funding under the Education Finance Act for fiscal year 2008-2009, at least equal to what the school district received in state funding under the Education Finance Act for fiscal year 2007-2008.

The House amended, approved and sent to the Senate, H.4737, the "BEHAVIORAL HEALTH SERVICES ACT OF 2008." This bill establishes the Department of Behavioral Health Services comprised of the Division of Alcohol and Other Drug Abuse Services and Division of Mental Health. Among other things, the department is required to develop a State Plan for Behavioral Health Services, which must include the delivery of coordinated, client-centered behavioral health services. The legislation also establishes a Department of Behavioral Health Services Advisory Committee to study the organizational structure of the department to evaluate the effectiveness, efficiency, and accountability of the department and to make recommendations for organizational and service delivery changes. This bill provides for a South Carolina Mental Health Advisory Board, as well as a Division of Alcohol and Other Drug Abuse Services Advisory Board.

The House approved and sent to the Senate, H.4578, a PROPOSED CONSTITUTIONAL AMENDMENT PERTAINING TO SPECIAL PURPOSE DISTRICTS. This joint resolution proposing to amend the State Constitution would be submitted to the voters at the next General Election. This joint resolution proposes to amend the State Constitution to authorize the General Assembly, by special or local law, to abolish a special or public service district created by the General Assembly and transfer its assets and liabilities to an assuming service provider.

The House amended, approved and sent to the Senate, H.4554, a bill placing RESTRICTIONS ON LOCAL GOVERNMENT PROFESSIONAL TAXES AND FEES ON REAL ESTATE LICENSEES. The legislation provides that, notwithstanding any other provision of law, the governing body of a county or municipality may not impose a license, occupation, or professional tax or fee upon real estate licensees, except upon the broker-in-charge at the place where the real estate licensee maintains a principal or branch office. The license, occupation, or professional tax or fee shall permit the broker-in-charge and the broker's affiliated associate brokers, salespersons, and property managers to engage in all of the brokerage activities without further licensing or taxing, other than the licenses issued by the state. The House amended, approved and sent to the Senate, H.3740, a bill relating to CORONERS. This bill revises the manner in which vacancy in the office of the coroner is filled. If a vacancy occurs in the office of coroner in any county of this state one year or less before the next General Election for coroners, the Governor may appoint a suitable person who must be an elector of the county, until his successor is elected and qualifies.

The House approved and sent to the Senate, H.5000, a bill provides that NATIONAL PARK SERVICE PARK RANGERS are federal law enforcement officers who are authorized to enforce South Carolina's criminal laws.

The House approved and sent to the Senate, H.5012, a bill authorizing CRIMINAL RECORDS CHECKS IN THE LICENSURE OF NURSES. The legislation provides that the State Board of Nursing may require a state and national criminal records check, supported by fingerprints. In addition, a licensed nurse shall wear a clearly legible identification badge bearing the nurse's official title and first or last name or both.

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 me in Columbia (803) 734-3073, Office 422A Blatt Building, Columbia, SC 29211; or contact me by email at mossd@scstatehouse.net or at 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.