Legislative Update
January 20, 2012
THIS WEEK IN SOUTH CAROLINA
Governor Nikki Haley (Clemson ’94) delivered her second annual State of the State address on Wednesday evening. As part of the address, Governor Haley highlighted her legislative priorities for 2012, which include an Accountability-Based Funding proposal for higher education. The full text of the Governor’s prepared remarks may be found here.
BUDGET
The House Ways and Means Committee (where the appropriations bill originates) continued agency budget subcommittee hearings this week and will continue this process through January.
Clemson University President Jim Barker and Vice President John Kelly made Clemson’s E&G and PSA budget presentations to the Higher Education and Economic Development & Natural Resources Budget subcommittees of the House Ways & Means Committee on Wednesday, January 18. They were accompanied by Carlisle Kennedy, undergraduate student body president. The prepared text of their remarks may be found at these links:
Clemson E&G Budget Presentation
Clemson PSA Budget Presentation
From a state budgeting standpoint, Clemson is considered two separate state agencies: a research university that receives an educational and general (E&G) state appropriation for teaching and student support, and a land-grant Public Services Activities (PSA) division that receives a state appropriation to support agriculture, forestry and natural resource Extension, research and regulatory programs.
Detailed information on Clemson’s 2012 state legislative and budget priorities for FY 2012-13 may be found at these links:
Clemson Education and General Priorities
Clemson Public Service Activities (PSA) Priorities
BILLS OF INTEREST
The Clemson University Governmental Affairs office is monitoring several bills that have potential impact on Clemson. These bills are listed below (bills that have been acted upon in the past week are italicized):
H 3025 – Representative Murrell Smith – A bill to establish a SC College and University Board of Regents. Referred to the House Education and Public Works Committee. Clemson’s position: OPPOSE
H 3036 – Representative Boyd Brown - A bill to establish a SC College and University Board of Regents. Referred to the House Education and Public Works Committee. Clemson’s position: OPPOSE
H 3051 – Representative Shannon Erickson – A Joint Resolution to provide that no state agency by regulation may increase or implement a fee for a service without approval of the General Assembly. Amended to exempt public higher education institutions. Passed as amended by the House. Sent to the Senate. Referred to the Senate Finance Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 3066 – Representative Garry Smith – A bill to restructure state government by creating a Department of Administration. Passed favorably as amended by Senate Judiciary Committee. Committee amendment amended. Senate debate interrupted. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 3125 – Representative Mike Pitts – A bill to move the State Veterinarian from Clemson University to the Department of Agriculture. Referred to the House Agriculture, Natural Resource and Environmental Affairs Committee. Clemson’s position: OPPOSE
H 3185 – Representative Harrell and others – A bill to enact the SC Higher Education Transparency Act – to require each public institution of higher education to post online a detailed transaction register of all expenditures. A similar bill, S.172 was enacted in 2011. Clemson’s position: SUPPORT
H 3204 – Representative Brady and Spires – A Joint Resolution to create the SC Summer Camp Study Committee to study the summer camps in the state. Pending in the House Medical, Military, Public and Municipal Affairs Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 3226 – Representative Bedingfield and others – A bill to provide that the general assembly or a committee of the general assembly may not amend or otherwise change an amendment under review, and only the agency that submitted the regulation for review may amend or otherwise change the language of a regulation it submits for general assembly review. Senate Judiciary Committee report: favorable as amended. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 3292 – Representative Pitts and others – A bill related to the carrying and possession of handguns – Passed favorably as amended by a House Judiciary Subcommittee. Pending in the full House Judiciary Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 3376 – Representatives Limehouse, Dillard, Sottile, Murphy and Anderson – A bill to provide that a college or university campus police department must release all files and information in its possession regarding a student's suspension, expulsion, or withdrawal from the institution for disruptive or antisocial behavior to the local law enforcement agency that has jurisdiction over the institution's campus. Referred to the House Judiciary Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 3410 – Representatives Owens, Cooper, Harrell, Branham, Limehouse, Atwater,
Bikas, Govan, Loftis, Skelton, Taylor and Young – A bill to enact the "South Carolina Higher Education Efficiency and Administrative Policies Act of 2011." This bill is a collaborative effort by these institutions to propose regulatory reform in the areas of facility construction, procurement, leasing and other state regulatory policies. A similar bill, S.172 was enacted in 2011. Clemson’s position: SUPPORT
H 3418 – Representative Merrill – A bill to provide that a member of the governing board of an institution of higher learning may not serve more than three consecutive terms on the board. Referred to the House Education and Public Works Committee. Clemson’s position: OPPOSE
H 3429 – Representative Merrill and others – A bill to provide that a student who is not domiciled in South Carolina and who has not been granted an out-of-state tuition rate waiver shall commit to paying the out-of-state tuition rate for four years before he may be accepted to a public institution of higher learning, Referred to the House Ways and Means Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 3456 – Representative White and others – A bill to create The Other Funds Oversight Committee to review and examine the sources of other funds in this state and to provide for its membership. Passed as amended by the House. Sent to the Senate. Referred to the Senate Finance Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 3499 – Representatives Merrill and Bingham – A bill to provide that appropriations made to a public institution of higher learning from the lottery expenditure account must be reflected in its budget. Referred to the House Ways and Means Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 3508 – Representative Gambrell and others – A bill relating to Broadband service in underserved areas of South Carolina. Passed by the House. Pending in a Senate Judiciary Subcommittee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 3558 – Representative J.E. Smith – A bill to require all state institutions of higher education to allow students to complete assignments or take make-up examinations when an absence is caused by attending or participating in military service, duty, training, or disaster relief efforts. Referred to the House Education and Public Works Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 3579 – Representative Ballentine and others – A bill to provide that unless prohibited by law, the amounts of "other funds", an amount equal to ten percent of "other funds" is transferred to the general fund of the state and to appropriate the transferred funds for specified purposes. Referred to the House Ways and Means Committee. Clemson’s position: OPPOSE
H 3580 – Representative Ballentine and others – A bill to provide that unless prohibited by law, any across-the-board reduction in appropriations must be applied to all appropriated funds including state general fund appropriations, except for federal funds. Referred to the House Ways and Means Committee. Clemson’s position: OPPOSE
H 3612 – Representative Toole – A bill to provide that a state agency, department, or institution that issues cellular telephone or other wireless communications devices to its employees must annually review the plan and to provide other requirements. Referred to the House Labor Commerce and Industry Committee. Clemson’s Position: SUPPORT
H 3620 – Representative Lowe – A bill to provide that certain students enrolled in a high school or an institution of higher learning are not required to obtain a hunting or fishing license. Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 3633 – Representative Loftis and others – A bill to enact the "South Carolina agribusiness Economic Development Authority Act of 2011", to create this authority within the Department of Agriculture to help alleviate the shortage of capital and credit available for investment in agribusiness. Referred to the House Committee on Agriculture, Natural Resources and Environmental Affairs. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 3743 – Speaker Harrell and others – A bill related to the South Carolina Research Authority. Referred to the House Ways and Means Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 3748 – Representative Owens and others – A bill relating to the implementation of the Education And Economic Development Act, to extend the date by which the act must be implemented fully. Passed as amended by the Senate. Returned to the House. House concurred with Senate amendments. Ratified. Signed by the Governor. Act 58. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 3772 – Representative Hardwick and others – A bill to provide for regulation of landplaster, to revise certain reporting requirements, and to revise the provisions relating to the payment of assessments levied by the State Crop Pest Commission. Passed by the Senate. Ratified. Signed by the Governor. Act 64. Clemson’s Position: REQUESTED BY CLEMSON UNIVERSITY-SUPPORT
H 3779 – Representative Brady and others – A bill to enact the "Bill Wylie Entrepreneurship Act Of 2011" by providing for state nonrefundable income tax credits allocated by the Department Of Commerce for qualified investments in businesses primarily engaged in manufacturing, processing, warehousing, wholesaling, software development, IT services, research and development, to establish the criteria and procedures for the credit, and to make the credit transferable. Passed by the House. Referred to the Senate Finance Committee. Clemson’s Position: SUPPORT
H 3888 – Representative J.E. Smith – A bill to provide that a leave donor under the state employees leave transfer program also may donate sick leave or annual leave, or both, to a specific leave recipient rather than to the leave pool account in the manner the human resource management division shall direct. Referred to the House Ways and Means Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 3956 – Representatives Cooper, Skelton and others – A bill to allow Clemson University to enter into ground lease agreements with a private entity, to make provisions for those agreements, to require review of the lease by the state Budget and Control Board, and to provide that the full faith and credit of the state may not be pledged. Recommitted to the House Ways and Means Committee. Clemson’s Position: REQUESTED BY CLEMSON UNIVERSITY-SUPPORT
H 4055 – Representative R.L. Brown and others – A bill to to require the general assembly to give first priority to elementary and secondary public education purposes in making appropriations of funds from the education lottery account. Referred to the House Ways and Means Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 4081 – Representative Funderburk – A bill to to prohibit the use of public funds to employ or contract with a person whose activities include those related to lobbying and to provide exceptions. Referred to the House Judiciary Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 4092 – Representative Limehouse and others – A bill to to provide that smoking is not allowed in buildings on campuses of public institutions of higher learning when it is prohibited by the governing body of the institution and to provide that a governing body is not precluded from establishing a smoke-free campus. Referred to the House Education and Public Works Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 4221 – Representative Viers – A bill to to close the Teacher And Employee Retention Incentive (TERI) Program to new participants effective July 1, 2011 and to provide that the provisions of this act may not be amended or repealed except in separate legislation receiving an affirmative two-thirds recorded vote in each house of the general assembly. Referred to the House Ways and Means Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 4420 – Representatives Viers and Atwater – A bill to provide that Veteran’s Day must be recognized as a holiday for all local school districts and public colleges and universities of the state. Referred to House Education and Public Works Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 4429 – Representatives Ballentine and Atwater – A bill to require chief procurement officers of governmental bodies to undertake life cycle cost analysis for all public construction projects expected to cost more than one million dollars and to authorize alternate infrastructure bidding procedures for public works construction projects. Referred to the House Ways and Means Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 4475 – Representatives Young and Clyburn – A bill to include trail riding in the definition “equine activity” for the purposes of equine liability immunity and to include a requirement that warning signs are to be posted at the entrance to riding trails. Referred to the House Committee on Agriculture, Natural Resources and Environmental Affairs. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 4486 – Representative Barfield – A bill to require each state agency to submit a report of its federal receipts and developing a plan should its federal receipts be reduced. Referred to the House Ways and Means Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 4525 – Representative Ballentine – A bill to provide that the Division I football teams of the University of South Carolina and Clemson University shall annually plan on a home and home basis. Referred to the House Education and Public Works Committee.
Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
H 4641 – Representative Daning and others – A bill relating to in-state tuition rates for military personnel and their dependents under certain conditions, so as to revise the criteria under which veterans who are honorably discharged and their dependents may receive in-state tuition rates. Referred to the House Committee on Education and Public Works. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 13 – Senator McConnell and others – A bill relating to the authorization of state contracts. Pending in a Senate Finance Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 14 – Senators McConnell and Davis – A bill to provide that a state agency must not increase or implement a fine or fee by regulation or administrative action and to provide exceptions. Pending in a Senate Judiciary Subcommittee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 34 – Senator McConnell and others – A bill to establish the permissible use of state-owned aircraft, to prohibit the use of state-owned aircraft for personal use, and provide penalties. Referred to the Senate Transportation Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 90 – Senator Ryberg and others – A bill to close the TERI Program. Referred to the Senate Finance Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 100 – Senator Grooms – A bill to enact the SC Truth in Spending Act. Referred to the Senate Finance Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 117 – Senator Bryant – A bill to requiring all institutions of higher education to maintain a detailed transaction register of all expenditures. Referred to the Senate Education Committee. Clemson’s position: SUPPORTING SIMILAR BILL S.172
S 134 – Senator Campsen – A bill to restructure state government. Referred to the Senate Judiciary Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 153 – Senator Shoopman – A bill to enact the SC Truth in Spending Act. Referred to the Senate Finance Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 172 – Senators Rose, Fair and Leatherman - A bill requiring all institutions of higher education to maintain a detailed transaction register of all expenditures. Includes some Regulatory Relief measures. Ratified. Signed by the Governor. Act 74. Clemson’s position: SUPPORT
S 205 – Senators Davis and others – A bill to provide that state agencies must have approval by the General Assembly to increase fees or fines and to provide exceptions. Referred to the Senate Finance Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 224 – Senator Knotts – A bill relating to free tuition for certain veterans' children, so as to also provide free tuition to children of certain active duty service members with honorable wartime service. Pending on the Senate calendar. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 238 – Senators Larry Martin and Peeler - A bill to restructure SC state government. Referred to the Senate Education Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 252 – Senator Bright – A bill to move Clemson PSA to the SC Department of Agriculture. Referred to the Senate Agriculture and Natural Resources Committee. Clemson’s position: OPPOSE
S 248 – Senator Bright – A bill to provide that an institution of higher learning must be funded by using the base student cost. Pending in the Senate Education Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 312 – Senator Davis – A bill relating to the appropriation of anticipated Federal funds and other funds by the state general assembly in appropriations acts, so as to require state agencies receiving Federal funds to provide as such in budget submissions. Ratified. Act 28. Clemson’s position: AGREED TO COMPROMISE AMENDMENT
S 406 – Senator Rose – A bill to provide that any across-the-board reduction must be applied to all appropriated funds including state funds, federal funds, and "other funds". Referred to the Senate Finance Committee. Clemson’s position: OPPOSE
S 407 – Senator Rose - A bill to make appropriations and to provide revenues to meet the ordinary expenses of state government for the fiscal year beginning July 1, 2010, to provide that, an amount equal to ten percent of "other funds" is transferred to the state general fund, and to specify how the transferred funds are to be appropriated. Referred to the Senate Finance Committee. Clemson’s position: OPPOSE
S 473 – Senators Lourie and Setzler – A bill relating to athlete agents and student athletes, to require an applicant to undergo a national and state criminal history records check and other provisions. Passed by the Senate. Referred to the House Labor, Commerce and Industry Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 483 – Senators McConnell and L. Martin – A bill related to broadband service. Referred to Senate Judiciary Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 531 – Senator Campsen and others – A bill to close the South Carolina Retirement System to employees hired or officers taking office after June 30, 2012, and to provide that officers or employees hired or taking office after June 30, 2012 must be enrolled in the South Carolina Retirement Investment Plan. Referred to the Senate Finance Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 632 – Senator Ford – A bill to provide that no more than twenty-five percent of the entering class of a public institution of higher learning of this state may be comprised of students who reside outside the state, and to exclude technical colleges from this provision. Referred to the Senate Education Committee. Clemson’s position: OPPOSE
S 698 – Senator Rose – A bill to require the Office of Economic Research to review each earmark and restricted subfund account and other provisions. Referred to the Senate Finance Committee. Clemson’s position: OPPOSE
S 729 – Senator Rose – A bill to require all revenue from out-of-state tuition at SC post-secondary institutions in excess of in-state tuition rates to be remitted to the state's general fund. Referred to the Senate Finance Committee. Clemson’s position: OPPOSE
S 740 – Senators Rose and Davis – A bill to provide that in any fiscal year, any other funds received by any state agency in excess of the funds authorized for expenditure in the annual appropriations act shall be remitted to the general fund. Referred to the Senate Finance Committee. Clemson’s position: OPPOSE
S 788 – Senator Verdin – A bill relating to the Farm Animal and Research Facilities Protection Act, to provide additional liability exemptions to veterinarians and people who hold a superior interest in the property, to provide that it is unlawful to tamper with crop operations, to interfere with the operations of a crop operation, to fraudulently gain access to a crop operation, and to provide for a civil cause of action for violations of this act related to crop operations. Referred to the Senate Agriculture and Natural Resources Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 833 – Senator Jackson and others – A bill relating to tuition rates for military personnel and their dependents, so as to provide that active duty military personnel may be charged less than the undergraduate tuition rate for south carolina residents for certain courses. Referred to the Senate Education Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 834 – Senator Reese – A bill to require all college freshmen to take a one credit hour course each semester of their freshman year which teaches study skills, allocation of time, goal setting, positive thinking, motivation, life skills, and related subjects. Referred to the Senate Education Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 851 – Senator Reese - to provide that each four-year public college shall require all students to take a one credit hour course each semester for eight consecutive semesters which teaches study skills, allocation of time, goal setting, positive thinking, motivation, life skills, and related subjects, and to provide that these courses must be taught on a pass/fail basis and must be successfully completed before the student may earn his degree from the institution of higher learning. Referred to the Senate Education Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 876 – Senate Agriculture and Natural Resources – A joint resolution to approve regulations of the Clemson University, State Crop Pest Commission, relating to South Carolina Pesticide Control. Introduced in the Senate and placed on the calendar without reference. Clemson’s position: REQUESTED BY CLEMSON UNIVERSITY-SUPPORT
S 901 – Senator Knotts and others – A bill relating to the Teacher And Employee Retention Incentive Program (TERI), so as to provide that employees first participating in the TERI program after June 30, 2011 may not be reemployed after ending TERI participation by any employer participating in the South Carolina Retirement System. Referred to the Senate Finance Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 1035 – Senator Massey and others – A bill to provide for sanitary requirements for home based food production. Referred to the Senate Committee on Medical Affairs. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 1045 – Senator Thomas – A bill to to enact the "South Carolina Zero-Base Budget Act", to establish the Zero-Base Budget Committee and provide for its membership, powers, and duties. Referred to the Senate Finance Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
S 1048 - Senator Verdin - A concurrent resolution to create, strengthen, and expand local farm and food economies throughout SC by supporting state policies that encourage state agencies, state-owned facilities, and state partners to purchase local SC farm or food products. Referred to Committee on Agriculture and Natural Resources. Favorable committee report. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON
WASHINGTON UPDATE
The Senate is not in session this week.
The House is not in session this week.
Clemson’s Federal Priorities for FY13 include:
Aging Driver's Initiative
Voting Technology
Sustainable Mobility & Connected Vehicle Research/"Project Green"
The Use of the Dog as a Model
Biofuels Initiative
Clemson University Center for Applied Health Care Research (CU-CAHR)
Grid Simulator Project
IBIO-E -Cybersecurity/Cloud Computing
Fluroescent Liposomes in Polydiacetylene Sensors (FLIPS) for Safe and Secure Packaging
Childhood Obesity/Youth Learning Institute
Advanced Manufacturing Technologies/ “Deep Orange" Initiative
Composites Prototyping and Manufacturing Center at CURI
For more information on Clemson’s Federal initiatives, please contact Katy Bayless (Bayless@clemson.edu).
FYI
The Clemson Advocates website, the Clemson Governmental Affairs website, and our Clemson Advocates Group Facebook page are constantly updated with news and information. | 
