THE MOSS REPORT

REP. DENNIS MOSS

The House is working extended hours to take up all the legislation that has come to the House from the Senate that will still have time to complete the process before the end of the legislative session. If you have questions or concerns about pending legislation, please let me know. Your opinion is the only one that matters to me so let me know what you think.

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

The House of Representatives adopted the conference committee report on H.3496, a bill REVISING DRIVING UNDER THE INFLUENCE LAWS. The Senate also adopted the conference committee report and enrolled the bill for ratification. Penalties - this legislation enhances penalties for the offenses of driving under the influence (DUI) and driving with an unlawful alcohol concentration (DWUAC). The legislation establishes provisions under which individuals convicted of DUI or DWUAC offenses are required to complete successfully a drug and alcohol treatment plan. If convicted of DUI or DWUAC, an individual must pay $25 to cover the cost of the blood alcohol concentration (BAC) test. DWUAC is added to the list of offenses that are not eligible for pre-trial intervention (PTI). DWUAC is added to the list of offenses eligible for charging a person with child endangerment. Driver's License Provisions are also specified. Law Enforcement Provisions - this legislation provides that a law enforcement officer is only required to advise a person being investigated for DUI or DWUAC of the person's Miranda rights at the time of arrest. Under the legislation, the refusal to take a field sobriety test by a person being investigated for DUI or DWUAC does not constitute disobeying a law enforcement command.

The House amended, approved, and sent to the Senate H.4549, a bill providing for MOTOR VEHICLE SALES TAX REVENUES DEVOTED TO HIGHWAYS, ROADS, AND BRIDGES. This bill provides for a phased-in transfer of motor vehicle sales, use, and casual excise tax revenues to the State Non-Federal Highway Fund to be used exclusively for highway, road, and bridge maintenance and to the State Highway Account of the Transportation Infrastructure Bank. The legislation also provides the Department of Transportation with authority regarding certain toll projects.

The House amended, approved, and sent to the Senate H.4745, a bill enacting the SOUTH CAROLINA RESIDENTIAL IMPROVEMENT DISTRICT ACT, to provide a new option for financing infrastructure and other improvements necessitated by new residential developments. When an improvement plan has been adopted, the legislation authorizes the governing body of a county or municipality to create an improvement district and impose upon the landowners in that district an assessment to fund improvements such as roads, sidewalks, parks, recreational facilities, storm water drainage projects, utilities, and school facilities. A county or municipality is authorized to issue revenue bonds against the revenue from the new assessments. If a proposed improvement pertains to a school, such as new construction or additions to existing construction, then the improvement must be approved by the local school board before the creation of the district.

Some of the bills that were introduced in the House this week included:

H.4980, CHARTER SCHOOLS. Relating to the approval, renewal, revocation, and termination of charters for charter schools, this bill increases the charter period from five to 10 years.

H.4983, CONSTITUTIONAL AMENDMENT ON PUBLIC SCHOOLS. This joint resolution proposes to amend the State Constitution so as to provide that the General Assembly shall provide for the maintenance and support of a system of free public schools and shall establish, organize, and support public institutions of learning that will provide a high quality education, allowing each student to reach his highest potential. If approved, this joint resolution would be submitted to the voters at the next general election.

H.5000, NATIONAL PARK SERVICE PARK RANGERS. - This bill provides that national park service park rangers are federal law enforcement officers who are authorized to enforce South Carolina's criminal laws.

H.5012, CRIMINAL RECORDS CHECKS FOR LICENSED NURSES. The State Board of Nursing may require a state and national criminal records check, supported by fingerprints. The South Carolina Law Enforcement Division is authorized to retain fingerprints for certification purposes and for notification of the department regarding criminal charges. 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.

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 contact me by e-mail 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.