by Bill Hixon

Representative Bill Hixon, District 83 – Newsletter
Weekly Legislative Update   –  May 4, 2011

Dear Friends,

Last week we were doing our best to get some important legislative items passed and sent over to the Senate. May 1st is the legislative crossover deadline. Bills that have not already passed either the S.C. House or the Senate by this deadline must win the approval of two-thirds of members of the House and/or Senate. In this weeks update read what legislation made it through and which bills did not.

The Amazon.com tax exemption was a very big story last week. Learn how and why this deal was not approved by the House. Also, the (NLRB)National Labor Relations Board has filed a complaint against Boeing on the behalf of the International Association of Machinists and Aerospace Workers Union. Read what our State Attorney General is doing and why this is so important to South Carolina and other States.

I hope that you find this weeks update helpful and informative:

Amazon.com Tax Deal:
Some of you may have already heard that the house voted against a tax exemption for Amazon.com. The vote was not even close with the results being 47-71. I was one that voted against this proposed legislation. Amazon.com had asked for a 5 year exemption from collecting sales tax on items purchased by South Carolina residents.

The law currently states that if a business has a physical presence (Brick and Mortar) in the state they must collect sales tax from South Carolina residents who purchase items over the internet. This exemption was to be in addition to other incentives offered to the company by the SC Department of Commerce last December. The other incentives to come to South Carolina included free land, job development credits, and other statutory tax credits for which it may qualify under existing law. Several media reports had stated that the Department of Commerce had promised this to Amazon.com. Actually they did exactly what they were supposed to do. The agreement required the Department of Commerce to use good faith in attempting to obtain the exemption.

You can read the memos that I obtained concerning this by clicking here.
Click here to see a video of Governor Niki Haley's comments.

There are several reasons this was not a good deal. We had no guarantee that Amazon.com would stay in South Carolina after the 5 year period was up. They are currently threatening to leave the State of Texas. This same scenario is being played out in other states as Amazon.com has either left the State or is threatening to leave unless they get a sales tax exemption. Amazon stayed true to its threats and pulled the plug on SC, canceling its contracts and removing all SC job postings from its website. Amazon says it will complete construction of the distribution center but moth ball the facility. In other words, they are not coming now.

Attorneys General Battle NLRB Over Boeing Plant:
The National Labor Relations Board has filed a complaint against Boeing on the behalf of the International Association of Machinists and Aerospace Workers Union. In other words, the Obama administration is taking up for unions and trying to block Boeing from building the 787 planes in Charleston. The NLRB claims Boeing participated in unfair labor practices by threatening to open new, non-union facilities elsewhere when workers went on strike at the company's Washington state production facility in 2008.

Boeing is slated to open its newest 787 airliner assembly line this summer in South Carolina, a "right-to-work" state, in which employee's can't be forced to join a union to work at unionized plants. In Washington state and the 28 states without "right-to-work" laws, once a majority of workers have opted to join a union, everyone can be required to join and pay dues. That gives labor groups an advantage in organizing.

Attorneys General from Virginia, Nebraska, Texas, Georgia, Florida, Alabama, Arizona and Oklahoma joined South Carolina attorney general Alan Wilson in signing a letter to voice their concerns that NLRB interference could hinder economic growth in their states too.

READ this Article about the battle brewing over Boeing. 

The Clean Voter ID Bill:
The House and Senate versions of the Voter ID bill (H-3003) were sent to a joint House/Senate conference committee. The House and Senate conferees worked together to approve a clean Voter ID bill by agreeing to remove the same unrelated issues that killed the bill last year. The members of this committee were; Speaker Pro Tempore Jay Lucas, Rep. Alan Clemmons, Rep. Jim Merrill, Senate President Pro Tempore Glenn McConnell and Sen. Chip Campsen. The bill came out of the committee very clean and the report was confirmed by the House. It now waits in the Senate for approval before moving to the Governors desk for signing into law.

Please contact your Senator to urge him to vote for this bill.

Regulatory Reform Bills Pass:
These reforms will protect businesses from unnecessary regulatory reforms and increase transparency on new regulations. The South Carolina Regulatory Reform Act (H-3226) and a companion bill (H-3051) are items that will increase oversight of agency regulations. These bills will halt the practice of agencies enacting new or amended regulations, fines, and fees without oversight. The bills will require the General Assembly to take a vote on regulations proposed by agencies such as DNR, DHEC and others. Currently, regulations become law if no action is taken within a certain number of days. This reform will require the entire General Assembly to pay attention to these regulations, and will require a new level of accountability to the agencies and unelected boards.

Fresh Water Game & Fishing Act:
The House unanimously passed the Fresh Water Game & Fishing Act (H-3864). It codifies and updates SC's many fresh water fishing regulations that date back to the 1950s. 18 groups representing sportsmen and state agencies worked on the revisions.  

No More Facebook for Prisoners:
Bill (H-3527) makes it unlawful for an inmate to be a member of any Internet-based social networking website such as Facebook, Myspace, and Classmates. An inmate who joins an Internet-based social networking website or a person who establishes an account with an Internet-based social network website for an inmate is guilty of a misdemeanor and, upon conviction, must be fined not more than $500, or imprisoned not more than 30 days, or both.  

Mopeds are Motor Vehicles:
This Bill (H-3163) designates mopeds a motor vehicle. They are currently not considered motor vehicles. Often they are referred to as 'liquor-cycles' because those who lose their licenses for vehicle DUI violations often resort to using them as transportation. I'm a co-sponsor of this bill and it is also supported by law enforcement officers. The bill now heads to the Senate for their approval.

ATV (all-terrain vehicle) Chandlers Law:
An all-terrain vehicle safety bill passed through both the Senate and House. It bans drivers 5 years old and younger and requires helmet use and safety instruction for other young drivers. The refined bill (H-3562) allows exceptions for children who are on family farms, are hunting, or are on private property under the direct supervision of their parents or guardians.  

Copper Theft:
To combat the rise of copper theft across the state, the House passed (H-3660) making copper theft a felony on a first offense with jail time. It also requires copper sellers to have a permit. If passed, the permits can be obtained free from the County Sheriff.

Crossover Deadline:
The much-talked-about May 1 legislative crossover deadline has arrived. Bills that have not already passed either the S.C. House or the Senate by this deadline will face an uphill battle to become law this year. To be considered, those bills now must win the approval of two-thirds of members of the House and/or Senate.

The following bills are some that successfully passed the House and have been sent to the Senate in the past months: On the Record Voting, Voter ID, Government Restructuring Reforms, Pro-life Protections, Tort Reform, Education Funding Reform, Charter School revisions, the Higher Education Transparency Act, the Regulatory Reform Act, the Repeal Amendment that will empower our state's rights, the Taxpayer Fairness Act, the Bill Wylie Entrepreneurship Act, and Spending Limitations.

Bills that did not make the deadline:
 
Property Tax Break: A bill (H-3713) to change the way that homes, businesses and properties are taxed by local governments is going nowhere fast yet again. Currently, properties are reassessed for tax purposes if they are sold. Real estate agents say this hurts the state's real estate market. But schools, cities and counties say repealing the law would hurt their tax collections, used to pay for police, fire and other local services.
 
Concealed Weapons Bill: This bill (H-3292) is currently being delayed. There has been a tremendous amount of feedback on this bill. I appreciate all the comments received. I am going to watch this bill very closely. As it stands now, I don't see this bill being passed. I think the most common sense approach to this will be more debate and understanding of how important it is for law enforcement to understand the full impact of this bill. I am a believer and supporter of the Second Amendment and a long time member of the NRA.
 
School Choice Bill: A House Education Subcommittee heard from advocates on the Educational Opportunity Act (H-3407) for the first time. They explained that this is not the same system that has been called the voucher system. It is actually a tax credit giving parents a choice where they would like to send their children to school. The bill is designed to give parents who can't afford private school more of a choice. Scholarships will also be offered in the program.
 
Sexting Bill: Debate on a bill to punish teens for sexting in SC has been delayed. The term refers to sending sexually explicit photos by cell phones or computers, in what can constitute cyber-bullying. The sponsor hopes an anti-sexting law would educate parents and help teens understand the negative emotional repercussions. The proposal would make it illegal for juveniles, ages 12 through 17, to knowingly transmit sexually explicit photos. Offenders would face up to a $100 fine and be required to complete an educational program.
 
Employer Free Speech Act: There is a delayed vote on this important legislation (H-3658). The bill exempts businesses from a proposed federal rule requiring them to notify workers of their rights to unionize. It is co-sponsored by 64 of the House's 124 members, including me. The National Labor Relations Board's proposal requires businesses to post the 1935 federal law that guarantees employees' right to collectively bargain, distribute union literature and engage in other union activities without punishment.
 
Gambling: A State Senate committee approved a bill allowing dice and card games, including poker, in SC homes. This measure would replace the state's 1802 antigambling laws. The Senate Judiciary Committee voted 15-6 Tuesday to send the bill to the full Senate. The bill would allow adults to make their own decisions regarding card games and does not burden law enforcement with "policing what games they play at the kitchen table." 

Please be sure to stay up to date with all that is going on in Columbia. If you have any questions, comments or concerns, I am always available.. 

Please keep in mind that you can View Live Broadcasts of the South Carolina House of Representatives daily legislative sessions by clicking Here.

As always you can go to my FACEBOOK page and hit the like button.

You can also go to the new House Roll Call Votes Page to see how all the representatives have voted on the important bills.

Thank you for the privilege of serving you in Columbia.  If I can ever be of assistance to you, or if you have ideas on issues you want me to share with the rest of the General Assembly, please don't hesitate to contact me at Home at 803-278-0892 or at work 803-279-8855.

Sincerely,

Bill Hixon

Representative Bill Hixon – SC House of Representative – District 83

www.billhixon.com
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