Legislative Update

February 10, 2012

BUDGET

The Budget Proviso Subcommittee of the House Ways and Means Committee met this week to consider agency provisos. Provisos are temporary directives related to the spending of the funds contained in the Appropriations Bill.  

All provisos adopted by the Subcommittee will now go to the full Ways and Means committee for consideration. The full Ways and Means Committee is scheduled to begin work on the budget the week of February 21. 

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. Click on the bill number for more details and tracking information (statuses of bills that have been acted upon in the last legislative 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. Amended. Still in interrupted debate in the Senate.  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 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. Recommitted to subcommittee. 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 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. Favorable committee report. 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 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 orfishing 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 3779 – Representative Brady and others – A bill to enact the "Bill Wylie Entrepreneurship Act Of 2011.” 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 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 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. Given third reading by the House of Representatives and sent to the Senate. Referred to the Senate Committee on Agriculture and Natural Resources. 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. Given an unfavorable report by Higher Education Subcommittee. Clemson’s position: OPPOSED 

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 

H 4689 – Representatives Hiott, Skelton and Owens – A bill to provide health and sanitary requirements for home-based food production operations. Referred to the House Committee on Agriculture, Natural Resources and Environmental Affairs. Clemson’s Position: MONITORING TO DETERMINE IMPACT ON CLEMSON. 

H 4706 – Representative Sandifer – A bill to define and regulate cottage food operations. Referred to House Committee on Labor, Commerce and Industry. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON 

H 4709 – Representative Garry Smith and others – A bill to to enact "The

Cut, Cap, and Balance Act of 2012" to provide limits on general fund appropriations. Referred to the House Ways and Means Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON 

H 4745 – Representative Bingham – A bill to to enact the "Architects' And Engineers' Volunteer Act" which provides immunity for a registered architect or engineer who provides certain architectural or engineering services at the scene of a declared emergency. Similar to S.1137. Referred to the House Committee on Labor, Commerce and Industry. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON 

S 10 – Senator McConnell and others – A bill to to create the Commission on Streamlining Government and Reduction of Waste. Referred to Senate Judiciary Committee. Referred to subcommittee. 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: A SIMILAR BILL, S.172 WAS ENACTED IN 2011 

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 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 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 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: SUPPORT 

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 online courses. Referred to the Senate Education Committee. Given a favorable report by 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. Carried over by the Higher Education Subcommittee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON 

S 851 – Senator Reese – A bill to provide that each four-year public college shall require all students to pass life and study skills courses before the student may earn his degree from the institution of higher learning. Referred to the Senate Education Committee. Carried over by the Higher Education Subcommittee. 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. Similar to H.4689. Referred to the Senate Committee on Medical Affairs. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON 

S 1045 – Senator Thomas – A bill 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 

S 1054 – Senator Rose – A bill relating to persons required to report suspected child abuse or neglect, to expand the list to include higher ed administrators and others, and to require the department of social services to establish, operate, and publicize a twenty-four hour, statewide, toll-free telephone number for the reporting of suspected child abuse or neglect. Referred to the Senate Judiciary Committee; Referred to subcommittee. Amended and given a favorable subcommittee report. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON 

S 1120 – Senator Ford - A joint resolution to establish the State Employee Compensation Study Committee for the purpose of comparing compensation rates paid to various categories of state employees with the compensation paid similar employees of other southeastern states. Referred to the Senate Finance Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON 

S 1121 – Senator McConnell and others - relating to state finances generally, so as to define "trust fund" and "unrestricted fund"; and to provide that all funds must be designated by July 1, 2012, as a trust fund or unrestricted fund. Referred to the Senate Finance Committee. Clemson’s position: MONITORING TO DETERMINE IMPACT ON CLEMSON 

S 1125 – Senator Bright and others – A bill relating to disqualification for unemployment benefits, to provide that a person discharged from employment for cause is ineligible for benefits for twenty weeks beginning with the date the person filed a benefits request. Referred to the Senate Committee on Labor, Commerce and Industry.  Clemson’s Position: MONITORING TO DETERMINE IMPACT ON CLEMSON. 

S 1137 – Senator Shoopman – A bill to enact the "Architects' And Engineers' Volunteer Act" which provides immunity for a registered architect or engineer who provides architectural or engineering services at the scene of a declared emergency. Referred to the Senate Committee on Labor, Commerce and Industry. Similar to H.4745. Clemson’s Position: MONITORING TO DETERMINE IMPACT ON CLEMSON. 

S 1183 – Senator Setzler and others – A bill to to provide that all other funds collected by an agency must be deposited in the general fund and must be considered general funds. Referred to the Senate Finance Committee. Clemson’s Position: MONITORING TO DETERMINE IMPACT ON CLEMSON. 

S 1193 – Senator Rose – A bill relating to tuition of post secondary educational institutions limiting the authority of the governing board of an institution to increase tuition and fees above a rate calculated by the consumer price index and the state population growth, and to require a reduction in state funds for the institution for any amount above this rate unless approved by the General Assembly. Referred to the Senate Finance Committee. Clemson’s Position: OPPOSE.

WASHINGTON UPDATE

The House was in Session this week:  The House debated the Transportation Reauthorization legislation this week.  The House Transportation and Infrastructure committee spent 18 hours yesterday marking up H.R. 7, the American Energy and Infrastructure Jobs Act.   It was approved on a 29-24 vote and about 100 amendments were debated.  Congressman Lipinski (D-Illinois) offered an amendment to require a peer-reviewed, merit-based approval process for the UTC program that was approved by unanimous consent.  It’s important to note that the amendment still gives the Transportation Secretary the ability to make the final funding decisions.  Next week will be a heated battle to try and get this legislation passed. 

The Senate was in Session this week:   The Senate also debated the Transportation Reauthorization legislation and a cloture vote will likely take place before President’s Day recess.  In addition, Senate Democrats held a policy retreat this week.

Upcoming Events: 

President Barker and David Wilkins, Chairman of the Board of Trustees, will be in Washington meeting with members of Congress on Capitol Hill February 28–29.  

Dr. Gerry Sonnenfeld, Vice President for Research will be in Washington with his counterparts from the University of South Carolina and the Medical University of South Carolina March 5–7.  

The Clemson University Board of Visitors will be in Washington March 12–14 for visits with offices of the South Carolina Congressional Delegation on Capitol Hill.  

For more information on Clemson’s Federal initiatives, please contact Katy Bayless (Bayless@clemson.edu). 

FYI

Members of the State Extension Advisory Council traveled to Columbia for their winter meeting and Legislative Day. The group met with Representative Jim Battle (D-Marion), who serves on the House Ways and Means Budget Subcommittee on Economic Development and Natural Resources and also with Senator Danny Verdin (R-Laurens), who serves as chairman of the Senate Agriculture and Natural Resources Committee. Gary Spires of Farm Bureau also spoke to the group. After their morning meetings, members of the council were introduced in the House and Senate. 

The Clemson Advocates website and our Clemson Advocates Group Facebook page are constantly updated with news and information.