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NBHSA SC H 3204 PPIC Blog
Wednesday, 9 March 2005
PPIC info
Mood:  mischievious
Topic: Put Parents In Charge
PPIC is now H. 3652 We say NO!!! - SCRG does not wish to disclose the names and entities of ALL the Bill text writers and contributors. Why is that?
Rep. Scott Jensen- Wisconsin Legislature- Click both links and read both articles please: "what he's doing is sharing his expertise on the issue with people outside of Wisconsin" (Facing felony fraud charges and look who his contributors are affiliated with) - http://www.jsonline.com/news/wauk/aug04/250736.asp
SCRG does not wish to disclose the names and entities of ALL the Bill financial backers and contributors. Why is that?
SCRG is lobbying the Christian community hard, however, the Lobbyist is affiliated with non-Christian moral standards. http://www.scstatehouse.net/reports/lobby1.doc MARCHANT, LARRY C JR.
SC CITIZENS FOR RESPONSIBLE GOVERNMENT
P O BOX 12244
COLUMBIA
SC
29211
803-771-1507

MARCHANT, LARRY C JR.
SUN CRUZ CASINO
P O BOX 12244
COLUMBIA
SC
29211
803-771-1507

MARCHANT, LARRY C JR.
SWEDISH MATCH NORTH AMERICA
P O BOX 12244
COLUMBIA
SC
29211
803-771-1507


and the SCRG website owner of SCRESPONSIBLEGOV.org Domain is registered to an Eric Dixon out of Alexandria, Va. The Domain Status is: Client Transfer Prohibited. (Out of State registrar of the South Carolinians for Responsible Government? Why not a South Carolinian registrar?) Why are the Lobbyists labeled SC CITIZENS FOR RESPONSIBLE GOVERNMENT instead of South Carolinians for Responsible Government? These are the Lobbyists for SCRG aren't they? If not, please correct me.

Another Lobbyist listed is: http://www.scstatehouse.net/reports/lobby1.doc
DENNY, TONY
PHILIP MORRIS USA, INC.
P O BOX 11872
COLUMBIA
SC
29211 803-748-1197
DENNY, TONY
SC CITIZENS FOR RESPONSIBLE GOVERNMENT
P O BOX 11872
COLUMBIA
SC
29211 803-748-1197


Another Lobbyist listed is: http://www.scstatehouse.net/reports/lobby1.doc
SMITH, ASHLEY R 3-3-04 SC CITIZENS FOR RESPONSIBLE GOVERNMENT P O BOX 12244 COLUMBIA SC 29211 803-771-1507

Home schools will have to be in the upper income tax bracket to get any real tax credit, which every home school is required to spend dollar for dollar for to obtain in the first place, and
All home schools have to submit a store receipt, which has to have every item bought approved by the State tax office, as an acceptable tax deduction. There is nothing in this law to keep any religious curriculum from being denied, as a tax write off, and
This Bill allows the SGO/Private School to deny anyone for enrollment or funding. These entities are allowed to set their own standards. Therefore, they can deny services to anyone and everyone they so choose.
This Bill will force all SC tax payers to fund the wealthy families students. (Please see the above SGO/Private school standard setting requirement section) The public school Federal voucher money and the State money will have to be supplemented by us, the tax payers. We will now have to pay for an additional school system. (When you buy a product in SC, you are paying taxes in, even if you get a full refund from your State taxes) Please note: No SGO organization or Private school have to accept any student, which they decide to exclude.
This Bill is being funded by allot of out of State parties, which obviously have something to gain from this Bill, not us the tax payers of this State.
promulgate regulations
Section 12-15-40. The department may promulgate regulations to aid
in the performance of its duties pursuant to this chapter.
Promulgate - To make known by open declaration, as laws, decrees,
tidings; to make known publicly; to announce; to proclaim.
Regulation - The act of regulating; a rule prescribe by a superior as to
the actions of those under his control; a governing direction; a precept; a law.
Example of a promulgate regulation that has effected home schools already:
62-300. Purpose of the Palmetto Fellows Scholarship Program. [SC ADC 62-300]
Pursuant to Act 458 which was initially established as Title 59 of the
1976 Code as amended under Section 18A.28 of the 1997-98 Appropriations
Bill, the Commission on Higher Education shall promulgate regulations
and establish procedures to administer the Palmetto Fellows Scholarship
Program. The General Assembly established the Palmetto Fellows
Scholarship Program to foster scholarship among the State's
postsecondary students and retain outstanding South Carolina high school
graduates in the State through awards based on scholarship and
achievement. The purpose of the Palmetto Fellows Scholarship Program is
to recognize the most academically talented high school seniors in South
Carolina and to encourage them to attend eligible colleges or
universities in the State. A secondary purpose is to help retain
talented minority students who might otherwise pursue studies outside
the State.
When the Commission on Higher Education changed the procedures for the Palmetto
Fellows Scholarship Program for home schools to the current standing procedures, as
listed at http://www.chasesc.com/scholarshipsinfo.html web site, it was these words
promulgate regulations that allowed them to do this.
Now this is one little example from the Commission on Higher Education,
not a department that is worried about fraud. This is just to show you
how it can be done, there are many ways they, the department, can
promulgate regulations. Do you want a tax credit NOW?
I challenge you as an home school assignment, get on the Internet this week, and with your
children, do some research of SC Laws, Regulations, and our Constitution. You will be amazed
at how many times you can find the words promulgate regulations. If you spend a little time,
you will see how they can be used. Take body piercing as an example and see the many ways
they have promulgated regulations for body piercing. Can you imagine how many they can find
for the PPIC, and home schooling?

After all your research tell me, do you still want a tax credit NOW? Here is a link to South
Carolina
Legislature Online: http://www.scstatehouse.net/
Your Online choices of categories to choose from are:
Legislation
Budget
Code if Laws
Code of Regulations
Constitution
House Journals
Senate Journals
LPITS Bill Summary
You might also want to search for the Department of Revenue to find out just how much power
they have and how they can use it, before you decide to support this bill.
117-8. 1 Purpose
This regulation seeks to clarify the jurisdiction of the Department of revenue with
respect to property taxation and fees in lieu of property taxes, to establish a set of
agreed upon procedures the Department of Revenue will follow in referring matters
to the Office of the Comptroller General and in administering its respective area of
responsibility, and to establish a guide for county officials to use in interacting with
the Department of Revenue on these subjects. These guides and procedures are
not intended to be all inclusive and are intended to cover only those areas where
doubt has existed between the two agencies and with the local officials. The further
purpose of this regulation is to improve the services of the Department of Revenue
to the public and to the local county officials who are subject to its supervision. A
further goal is to provide consistent, accurate and timely advice to those officials who
depend upon this information in order to perform their duties pursuant to law and to
be able to deal with the public in a consistent manner.
Although this bill is clearly dealing with property taxation, governmental agencies will work to
gether when dealing with audits and record keeping in all dealings with the PPIC, and that does
include all home schooling records, and tax credits. Including those that will need to be
reported yearly by the associations (SGOs).
12-15-720 A (C)

(C) Information provided to the department pursuant to this section and Section
12-15-710 is available for public inspection and copying pursuant to the Freedom of
Information Act. The department shall make information provided to the
department pursuant to this section or Section 12-15-710 accessible to the public
through the department's website. This covers a wide amount of information that
will be available to the public all accessible at the fingertips of anyone that wants it
at their personal computer (or if they are to poor to afford one they can go to their
local library to access it online) through the department's website.
What exactly will be listed, well there's so much listed (even in this section other sections are
included as to what will be included), I suggest each home school pull out your reading glasses
and delve in.
Section 12-15-50.
The department may conduct examinations and investigations whenever it believes
that the provisions of this chapter have been evaded or violated in any manner. All
powers possessed by the department as provided in Title 12 to conduct
examinations and investigations apply to examinations and investigations
conducted pursuant to this section. [Do you want the Department in your home,
telling you what educational curriculum can or can not be used for your tax receipt
deduction? File a tax credit, and you are very likely to.]
How this will be done?
An SGO's records are audited, (or you will personally receive a tax audit from the
the SC IRS).
When the SGO's records are audited, they must open all their records, which
include:
a) records of those members that did take the tax credit; and
b) the department also has access to records of members that did not take tax
credits, which would be all other home school members (did you realize this ?) - they
must verify all income when doing an examination and or investigation, especially in
a case of a fraudulent complaint.
Now, they, the state, has every member's name, address, telephone number, your children's
names, and ages, grades, and any other information you have provided to your association
(family photo).

If the department promulgates additional laws and regulations, your association, which will have
to become an - SGO, and will require the other information from you in your home school file.
Home School Law
(11) 'Tuition' means the amount charged for attending a public school when the
student is not a resident of the school district or for attending an independent school.'
Tuition' includes fees necessary for attending the respective school including, but
not limited to, enrollment fees and transportation fees. For students taught at home
pursuant to Article 1, Chapter 65, Title 59, 'tuition' means expenses incurred for
tutors; textbooks; school supplies; computers including hardware and software; fees
for membership in an association that sets the academic standards for the student's
home schooling program; and *****academic lessons***** including, but not
limited to: science, math, music, and art. Expenses for tutors or academic lessons
may be included in 'tuition' only if the person providing the tutoring or **academic
lessons** is a person other than the student's parent or legal guardian and who
meets the requirements for providing the service as set by the standard-setting
entity for that student's home school program. 'Tuition' does not include athletic
fees.[****The academic standards are set in each of the laws 59-65-40, 59-65-45,
and 59-65-47. Associations must maintain the minimums in either 45 or 47. (Do you
really want to allow the opportunity for a case of a fraudulent complaint? This is the
key section for home schoolers to be interested in. There are other sections that
Christians and human beings (that are tolerant, and inclusive of others) that we
should be pay attention to, but this is the key section that home schools should
focus our attention to.
Please remember, that just because someone tells us, an apple is an orange, doesn't make it one.
I know that there have been lot's of meetings all around the state with sweet talkers, that have
been telling folk what they think, they want to hear about this bill. CHASE SC reluctantly went to
one of those meetings at the request of Ann of NBHSA. We discussed this bill, and the changes
that would have to be made in order for it to be acceptable for South Carolina's home schoolers.
They have not been made.

In addition, other unacceptable wording has been added. I absolutely do not support this bill!
Nor at this point do I trust that any version will be acceptable! - Ava - Chase SC Director
Section 59-65-40
(A) Parents or guardians may teach their children
Section 59-65-45
In lieu of the requirements of 59-65-40 (the home schooling law), parents or
guardians may teach their children.
Section 59-65-47
Effective June 20, 1996, under Title 59, Chapter 65 of the 1976 Code the following
section was added:
Section 59-65-47. In lieu of the requirements of Section 59-65-40 or Section 59-65-45,
parents or guardians may teach their children
Do you think the State Department of Education will not come after these parents when they
have documentation from another department that clearly shows that someone else has been
teaching their children mandated subjects under one of the home schooling laws? This law is a
wolf in sheep clothing. What will it take for you to see this?

This is another specific example of wording that we requested to removed and or change in
order to protect our home school families and laws, but it was not!!!
Section 12-15-50.
The department may conduct examinations and investigations whenever it believes that the
provisions of this chapter have been evaded or violated in any manner. All powers possessed by
the department as provided in Title 12 to conduct examinations and investigations apply to
examinations and investigations conducted pursuant to this section. [Do you want the
Department in your home? File a tax credit, and you are very likely to.]

Do you have the money for an audit? Do you think that an audit might lead to DSS, or the State
Department of Education or your local school district verifying your home schooling status for
all years prior to you filing your tax credit? Perhaps there are other reasons that they may need
verification...I'm not a public official...

Ever been an Underground Home School?

If they were 'ever' underground, or 'illegal' and they take a tax credit and get audited they can
get into big trouble if they get caught.

How? They can get referred to their local DSS, their local school district, the State Dept. of
Education, and they can be held accountable. If you think not, ask an attorney.

Who's going to tell SC home schools this? Who's going to tell all the new transplants from other
states?

Now I'm not an attorney, nor is SCRG that I know of (but obviously have at least one or two in them helping to write this Bill), but I'd ask an independent one before I'd take any tax credit if I had ever been underground. I would be sure to ask if said attorney has any involvement with this Bill as well.
Challenge
I personally challenge each of you to take a copy of this bill to your tax prepares when you are
having your taxes done. Pay the extra $25 to $75 consultant fee, and have them assess just what
tax credit you would have received this year if this bill was in place, and you would have been
eligible.

See if you will get what you think you would really get, to find out if it's worth your home
schooling rights.
Ava Miller
My words are my own; please do not copy, paste, forward, or distribute them without obtaining
my permission first. (Permission granted from Ava Miller to NBHSA SC)
Ava Miller's review of the current version of the PPIC.

[Why I say NO to this version, and all others.]

H 3204

(1) restore parental control of education;
[59-65-47 already does this for homeschoolers.]

(2) improve public school performance; and
[This does not pertain to homeschoolers.]

(3) expand educational opportunities for children of families in poverty.
[Who says that an SGO will do this? They (each SGO) will determine who gets any funds available.]

(3) 'Independent school' means a school, other than a public school, at which the compulsory attendance requirements of Section 59-56-10 may be met and that does not discriminate based on the grounds of race, color, or national origin. 'Independent school' includes home schools as provided in Article 1, Chapter 65, Title 59.[Is it okay to discriminate against others in South Carolina? Those that are handicapped have a different religion, different sex, etc.; it's okay for South Carolina laws to discriminate against them? This is not what Christ teaches.]

(5) 'Qualifying student' means an individual:
(d) whose parent's or legal guardian's taxable income for South Carolina income tax purposes for the immediately preceding tax year is seventy-five thousand dollars or less. For purposes of determining if an individual is a qualifying student, the seventy-five thousand dollar amount must be increased by five thousand dollars for each exemption in
excess of two that is claimed on the income tax return of the parents or legal guardian. By December fifteenth of each year, the department shall adjust cumulatively the seventy-five thousand dollar amount and the five thousand dollar amount in the same manner that brackets are adjusted in Section 1(f) of the Internal Revenue Code.
[These are simply the income levels to see if your student(s) will even qualify for you as the parent to get the tax credit.]

(6) 'Receipt' means a document that a school issues to the person that makes a tuition payment on behalf of a qualifying student. The department shall develop the form of the document the content of which must be limited to and include, the name and address of the school; the name, address and social security number of the qualifying student on whose behalf the tuition was paid; the name of the person paying the tuition; the names of all other persons who have paid tuition, in chronological order, during the then current calendar year on behalf of the qualifying student prior to the payment for which the receipt is being issued and including the total tuition paid by the named person; and the date and amount of tuition paid and the aggregate amount of tuition paid for the qualifying student. The document also must contain in the chronological listing the date and amount of tuition paid, or to be paid as evidenced by the notice of scholarship award required to be submitted to the school as provided in Section 12-15-760(B), by a scholarship granting organization if the source of funds for the scholarship is monies for which a credit may be claimed pursuant to Article 5 of this chapter. For a student taught at home pursuant to Article 1, Chapter 65, Title 59, 'receipt' means a document issued by the entity receiving a payment for tuition, which contains the name of the entity receiving the payment; the identity of the goods or services purchased; the date and amount of tuition paid; and, if the receipt is for personal services, the person's taxpayer identification number. [Not everyone will want to give out their social security, which is their taxpayer identification number. There is lot's of social security fraud already going on, do you want to be investigated because someone incorrectly listed their number on your receipt.

This will allow tracking of home schools, and associations. (There goes your confidentiality that was fought so hard for in the 90's.)]

(11) 'Tuition' means the amount charged for attending a public school when the student is not a resident of the school district or for attending an independent school. 'Tuition' includes fees necessary for attending the respective school including, but not limited to,
enrollment fees and transportation fees. For students taught at home pursuant to Article 1, Chapter 65, Title 59, 'tuition' means expenses incurred for tutors; textbooks; school supplies; computers including hardware and software; fees for membership in an association that sets the academic standards for the student's home schooling program; and academic lessons including, but not limited to, science, math, music, and art. Expenses for tutors or academic lessons may be included in 'tuition' only if the person providing the tutoring or academic lessons is a person other than the student's parent or legal guardian and who meets the requirements for providing the service as set by the standard-setting entity for that student's home school program. 'Tuition' does not include athletic fees.

[****The academic standards are set in each of the laws 59-65-40, 59-65-45, and 59-65-47. Associations must maintain the minimums in either 45 or 47. (Do you really want to allow the opportunity for additional wording to be added by Governmental Departments to our laws?)****]

This is the key section for homeschoolers to be interested in. There are other sections that Christians and human beings (that are tolerant, and inclusive of others) that we should be pay attention to, but this is the key section that homeschoolers should focus our attention to.

Please remember, that just because someone tells us, an apple is an orange, doesn't make it one. I know that there have been lot's of meetings all around the state with sweet talkers, that have been telling folk what they think, they want to hear about this bill. I reluctantly went to one of those meetings at the request of Ann of NBHSA. My youngest child was really sick, however I sat and listened. We discussed this bill, and the changes that would have to be made in order for it to be acceptable for South Carolina's homeschoolers. They have not been made.

In addition, other unacceptable wording has been added. I absolutely do not support this bill! Nor at this point do I trust that any version will be acceptable!

Section 12-15-40. The department may promulgate regulations to aid in the performance of its duties pursuant to this chapter. [Promulgate - To make known by open declaration, as laws, decrees, tidings; to make known publicly; to announce; to proclaim.

The department can make laws / regulations - why would they not be included in this bill? What would be needed that is not included already?]

Section 12-15-50. The department may conduct examinations and investigations whenever it believes that the provisions of this chapter have been evaded or violated in any manner. All powers possessed by the department as provided in Title 12 to conduct examinations and investigations apply to examinations and investigations conducted
pursuant to this section.
[Do you want the Department in your home? File a tax credit, and you are very likely to.]

(B) Except as otherwise provided in this section, the credit claimed for each qualifying student pursuant to this article may not exceed eighty percent of the projected average state per pupil expenditure as determined by the department for the grade group for the qualifying student which is determined based on the highest grade the qualifying
student is enrolled in during the calendar year.[Private Schools and SGOs can receive 80% of the monies that is based on the most recent census which would normally go to the public school district. What do you think will be left for the children who really
can't afford to leave? This is a tax credit, not the tuition to pay to get the child out. They are actually leaving all the poor children in the public school system, and evacuating with this tax credit.]

(C) Notwithstanding the provisions of subsection (B), for qualifying students who are eligible for free or reduced price meals or for free milk, as determined in accordance with 7 CFR Part 245, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, the credit claimed for each of those qualifying students may not exceed
the lesser of:
(1) one hundred percent of the actual tuition paid during the taxable year; or
(2) one hundred percent of the dollar amount set annually in subsection (B).
[100% for free and reduced meals and milk will be taken from the public school district. What do you think will be left for the children who really can't afford to leave? This is a tax credit, not the tuition to pay to get the child out. They are actually leaving all the poor children in the public school system, and evacuating with this tax credit.]

(2) The credit may be taken for the 2007 tax year only for qualifying students in kindergarten through sixth grade as of the fall 2007 semester or term, except that the credit may not be taken for students who were enrolled in an independent school as of October 1, 2004.
(3) The credit may be taken for the 2008 tax year only for qualifying students who were in kindergarten through eighth grade as of the fall 2008 semester or term, except that the credit may not be taken for students who were enrolled in second through eighth grade in an independent school as of October 1, 2004.
(4) The credit may be taken for the 2009 tax year only for qualifying students who were in kindergarten through tenth grade as of the fall 2009 semester or term, except that the credit may not be taken for students who were enrolled in fifth through tenth grade in an
independent school as of October 1, 2004.
(5) Beginning with the 2010 tax year, the credit may be taken each year for a qualifying student as provided in this section.[The limits above basically disallow most homeschoolers from any tax credit for a very long time.]

Article 5
Scholarship Tax Credit
Section 12-15-510. A person is allowed a tax credit for contributions to a scholarship granting organization that will be used in accordance with Section 12-15-750(A). The credit may be applied against the person's liability for taxes imposed pursuant to Chapter 6 of this title, license fees imposed pursuant to Chapter 20 of this title, or insurance premium taxes imposed pursuant to Chapter 7 of Title 38. Limitations upon the total amount of liability for taxes or license fees that can be reduced by the use of another credit allowed for that tax or license fee must be computed after the credit allowed by this section is used to reduce a tax or license fee liability pursuant to Chapter 6 or 20 of this title or Chapter 7 of Title 38. The credit may be claimed only by the person who actually made the contribution except that if the credit is earned by one member of a controlled group of corporations, the credit may be used and applied by that member and by another member of the controlled group of corporations. As used in this article, 'controlled group of corporations' has the same meaning as provided in Section 12-6-3480(5) and 'person' has the same meaning as provided in Section 12-2-20. The credit is nonrefundable. A credit claimed pursuant to this section but not used in a taxable year may be carried forward for five years from the taxable year in which the credit is earned by the taxpayer. Credits, which are carried forward, must be used in the order earned.

Section 12-15-520. A scholarship granting organization receiving contributions for which the person claims a credit pursuant to this article must segregate the contributions from other funds of the scholarship granting organization.
[***This is the real meat and potatoes of this law, and for those wondering who is really backing this bill, you should look to find out who really will benefit by becoming and, or belonging to a SGO.***This whole article is a huge tax loophole.]
(6) a statement that the scholarship granting organization does not discriminate in hiring on the basis of race, color, national origin, or
disability; and [Section 1 (3) race, color, or national origin are not the same, as
disability was added, this shows a conflict within the law itself.]

Article 9
Accountability
Section 12-15-930. (A)(1) In addition to the annual report as provided in Section 12-15-920, the State Budget and Control Board shall provide for a long-term evaluation of the impact of this chapter. The evaluation must be conducted by contract with one or more qualified persons or entities with previous experience evaluating school choice
programs and must be conducted for a minimum of twelve years. The evaluation must include an assessment of the:[If in 2010 the tax credit is still around, and most homeschoolers are then eligible this accountability section is in place as a back-up protection. If any one year the tax credit is to great and cuts the budget and South Carolina economy to hard, this great accountability tool is in place to cut it off.]

This bill does not serve South Carolina homeschoolers, it does not serve South Carolina poor, and it does not serve South Carolina public schools. It does serve South Carolina's non-profit organizations that want to become SGO's under this act.

If any federal money is involved, even in a tax credit it can not be used for any programs that discriminate. I do not believe that state money can either.

Federal money cannot be used for religious programs; you can visit some of the sites below to find out how the programs were stopped by various governmental agencies.

Neither Christians, nor humans should be discriminating like this. This law leaves plenty of room for discrimination as I have already pointed out.

I personally challenge you to be at the State Capital on February 8th & the 15th 2005, in opposition of this bill.
Picket Sign Slogans - http://home.sc.rr.com/nbhsa/ppic_sign.htm
http://home.sc.rr.com/nbhsa/ppic_sign.htm

Some web sites to consider:
http://www.christianlaw.org/vouchers.html
Charleston Business
Post and Courier
HomeEdMag
ZWIRE
Section 12-15-50. The department may conduct examinations and investigations whenever it believes that the provisions of this
chapter have been evaded or violated in any manner. All powers possessed by the department as provided in Title 12 to conduct
examinations and investigations apply to examinations and investigations conducted pursuant to this section.
[Do you want the Department in your home? File a tax credit, and you are very likely to.]

Ava Miller

My words are my own; please do not copy, paste, forward, or distribute them without obtaining my permission first. Anyone wishing to repost, this for an article to a home schooling newsletter, or a SC media newspaper or other media please contact me first for permission and state the use and specific quote that you would like to use. If you would like to forward the entire Ava Miller?s review of the current version of the PPIC, [Why I say NO to this version, and all others.]



Posted by nbhsa at 12:01 AM
Updated: Tuesday, 15 March 2005 4:13 PM

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