THE MOSS REPORT

The 2008 Legislative Session was fraught with heated debates on many topics. Among the topics were immigration, education accountability, restructuring government, and the cigarette tax. Below you will find a summary of many actions that were taken in the 2008 session.

BUSINESS/ECONOMIC

DEVELOPMENT

"BROADBAND SERVICE COMMISSION" is a joint resolution that creates the South Carolina Educational Broadband Service Commission for the purpose of obtaining and evaluating proposals from commercial entities for the leasing of the excess spectrum capacity licensed to the South Carolina Educational Television Network that will become available following the federally required conversion to digital broadcast.

"FINANCIAL IDENTITY FRAUD AND IDENTITY THEFT PROTECTION ACT." This legislation requires address verification for credit card applications. Additionally, the legislation 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 legislation prohibits a person from posting, printing, transmitting, selling, or exchanging a social security number.

"GROUP CHILDCARE HOMES." This legislation requires the owner or operator of a group childcare home and family childcare home in South Carolina, who does not carry liability insurance, to notify each enrolled child's parent or guardian of that fact no later than Jan. 1, 2009. The legislation also includes a base background check along with the State and Federal fingerprints review and a Central Registry check for childcare facility employees.

"MISREPRESENTATION OF THE IDENTITY OF FOOD OR A FOOD PRODUCT AS A SOUTH CAROLINA PRODUCT." Under this legislation, it is an unfair trade practice to knowingly and willfully misrepresent food or a food product if the food or food product purports to be or is represented to be a product of South Carolina, but is the product of another state, country, or territory.

"TELEVISION PROGRAMMING PROTECTION ACT." This legislation requires a cable or video service provider that uses digital transmission technology to deliver its programming to block completely all video and audio on any channel that a subscriber has not purchased at no charge to the subscriber.

CRIMINAL JUSTICE/COURTS

"CRIMINAL DOMESTIC VIOLENCE REVISIONS." This legislation provides that it is unlawful for a person who has been charged with or convicted of a violation of criminal domestic violence or criminal domestic violence of a high and aggravated nature or who is subject to an order of protection, or who is subject to a restraining order to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices.

"TRAFFIC EDUCATION PROGRAM ACT." This legislation authorizes each circuit solicitor to establish as part of the Pretrial Intervention Program a traffic education program for persons who commit traffic-related offenses that are punishable only by a fine and loss of four points or less and have not resulted in death or serious bodily injury to another person.

EDUCATION

"CHARTER SCHOOLS REVISIONS." This legislation provides that a charter must be approved or renewed for a period of 10 school years. A charter school may terminate its contract with a sponsor before the 10-year term of contract if all parties under the contract with the charter school agree to the dissolution.

"EDUCATION ACCOUNTABILITY ACT REVISIONS." This legislation eliminates the Palmetto Achievement Challenge Test (PACT). The name of the new test is not specified. Reports from the new test include strand information. The new test will be first administered in 2009. The subject areas tested for accountability have not changed with this legislation. Subjects tested for accountability are English/Language Arts, Mathematics, Science and Social Studies. For use beginning with the 2009- 2010 school year, local districts must be allocated resources to select and administer formative assessments from the statewide

adoption list to use to improve student performance in accordance with district improvement plans. This legislation eliminates provisions for individual student academic plans, parent conferences, and district level reviews for students in grades three through eight lacking the skills to perform at current grade level. Under the legislation, the performance levels are excellent, good, average, below average and school/district at-risk.

FAMILY/HEALTH

"CRIMINAL RECORDS CHECKS IN THE LICENSURE OF NURSES." This legislation provides that the State Board of Nursing may require a state and national criminal records check, supported by fingerprints. The applicant is responsible for the cost of the criminal history background check. 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.

IMMIGRATION

"SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT." This legislation provides that it is a felony offense to transport or harbor illegal aliens with intent to further that person's illegal entry into the United States or avoiding apprehension or detection of that person's illegal status by authorities. Political subdivisions are prohibited from adopting provisions that limit or prohibit the enforcement of state laws pertaining to immigration. Political subdivisions may not enact any provisions pertaining to the employment, licensing, permitting, or otherwise doing business with a person based upon that person's authorization to work in the United States that exceeds or otherwise conflicts with federal law or that is in conflict with state law. This legislation provides that it is unlawful to display or possess a false, fictitious, fraudulent, or counterfeit green card or other document, such as a driver's license or social security card, for the purpose of offering proof of United States citizenship or classification by the United States as an alien lawfully admitted for temporary or permanent residence under federal immigration law. On or after Jan. 1, 2009, this legislation requires every public employer to register and participate in the federal work authorization program to verify the employment authorization of all new employees. The legislation requires the verification of citizenship status in order for an individual who is at least 18 years old to be eligible to receive public benefits. The legislation provides that illegal aliens are not eligible to attend public institutions of higher learning.

Thank you for the opportunity to serve you in the House of Representatives.

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 contact me via one of these methods:

By telephone in Columbia:

(803) 734-3073 By conventional mail in Columbia:

Office 422A

Blatt Building

Columbia, S.C. 29211

By e-mail:

mossd@scstatehouse.net

By telephone in Gaffney:

(864) 487-2121 By conventional mail in Gaffney:

306 Silver Circle Gaffney, S.C. 29340