Legislative Report - April 22-24
Benjamin Franklin once said, “Laws too gentle are seldom obeyed; too severe, seldom executed.” Consider the actions taken by the Legislature this week and know that lawmakers draft legislation in reaction to requests from constituents, special interest groups, and their own personal life experiences and biases. Bills that become law reflect the views of the majority in leadership. Your vote helps determine who is in the majority. Does the majority focus on what is important to you?
The House approved and sent to the Senate or enrolled for ratification the following bills of interest:
The House approved S.1039, pertaining to PROHIBITIONS ON THE REGULATION OF FIREARMS, and enrolled the bill for ratification. This bill provides that counties and municipalities may not enact regulations to prohibit a landowner from discharging a firearm on his property to protect family members, employees, or the general public from animals posing a direct threat or danger on a parcel of land comprised of at least 25 contiguous acres. Any ordinance regulating the discharge of firearms that does not specifically provide for exclusion pursuant to this item is unenforceable as it pertains to an incident described in this item; otherwise, the ordinance is enforceable.
The House approved and sent to the Senate, H.5003, a joint resolution directing the State Treasurer in fiscal year 2008‑2009 to TRANSFER FROM THE HOMESTEAD EXEMPTION FUND TO THE EDUCATION FINANCE ACT RESERVE FUND sufficient monies, as determined by the Department of Education after consultation with the Department of Revenue, to provide each school district of this state with state funding under the Education Finance Act for fiscal year 2008‑2009, at least equal to what the school district received in state funding under the Education Finance Act for fiscal year 2007‑2008.
The House amended, approved and sent to the Senate, H.4737, the "BEHAVIORAL HEALTH SERVICES ACT OF 2008." This bill establishes the Department of Behavioral Health Services comprised of the Division of Alcohol and Other Drug Abuse Services and Division of Mental Health. Among other things, the department is required to develop a State Plan for Behavioral Health Services, which must include the delivery of coordinated, client-centered behavioral health services. The legislation also establishes a Department of Behavioral Health Services Advisory Committee to study the organizational structure of the department to evaluate the effectiveness, efficiency, and accountability of the department and to make recommendations for organizational and service delivery changes. This bill provides for a South Carolina Mental Health Advisory Board, as well as a Division of Alcohol and Other Drug Abuse Services Advisory Board.
The House approved and sent to the Senate, H.4578, a PROPOSED CONSTITUTIONAL AMENDMENT PERTAINING TO SPECIAL PURPOSE DISTRICTS. This joint resolution proposing to amend the State Constitution would be submitted to the voters at the next General Election. This joint resolution proposes to amend the State Constitution to authorize the General Assembly, by special or local law, to abolish a special or public service district created by the General Assembly and transfer its assets and liabilities to an assuming service provider.
The House amended, approved and sent to the Senate, H.4554, a bill placing RESTRICTIONS ON LOCAL GOVERNMENT PROFESSIONAL TAXES AND FEES ON REAL ESTATE LICENSEES. The legislation provides that, notwithstanding any other provision of law, the governing body of a county or municipality may not impose a license, occupation, or professional tax or fee upon real estate licensees, except upon the broker-in-charge at the place where the real estate licensee maintains a principal or branch office. The license, occupation, or professional tax or fee shall permit the broker-in-charge and the broker’s affiliated associate brokers, salespersons, and property managers to engage in all of the brokerage activities without further licensing or taxing, other than the licenses issued by the state.
The House amended, approved and sent to the Senate, H.3740, a bill relating to CORONERS. This bill revises the manner in which vacancy in the office of the coroner is filled. If a vacancy occurs in the office of coroner in any county of this state one year or less before the next General Election for coroners, the Governor may appoint a suitable person who must be an elector of the county, and who, upon qualifying, is entitled to hold the office until his successor is elected and qualifies.
The House approved and sent to the Senate, H.5000, a bill provides that NATIONAL PARK SERVICE PARK RANGERS are federal law enforcement officers who are authorized to enforce South Carolina’s criminal laws.
The House amended, approved and sent to the Senate H.4552, pertaining to UTILITY POLICE OFFICERS. Currently, there are provisions in the law for the Governor to appoint constables and special officers. This bill defines terms and outlines procedures for the appointment of utility police officers.
The House approved and sent to the Senate, H.5012, a bill authorizing CRIMINAL RECORDS CHECKS IN THE LICENSURE OF NURSES. The legislation provides that the State Board of Nursing may require a state and national criminal records check, supported by fingerprints. In addition, a licensed nurse shall wear a clearly legible identification badge bearing the nurse’s official title and first or last name or both.
Some of the bills introduced in the House this week included:
EDUCATION AND PUBLIC WORKS:
S.641, PARENTAL INVOLVEMENT IN CERTAIN EDUCATIONAL DECISIONS. This bill provides that under certain circumstances a school must defer to the decision of parents or guardians of twins and multiples as to whether or not the children will be placed in the same classroom. This bill also provides that a parent or guardian whose child is six years of age on or before the first day of September of a particular school year may elect for the child to attend kindergarten or first grade if the child did not attend kindergarten in the previous school year. The election must be made in writing, and the school’s governing body must comply with the election. However, nothing shall be construed to prohibit a child who does not meet the required standards for the first grade from remaining in kindergarten.
S.981, STATE HIGHWAY SYSTEM. This bill provides that all highways in the state highway system must be built according to state standards. The bill allows the Department of Transportation to add county and municipal roads to the state highway system when necessary for the interconnectivity of the state highway system. This bill includes additional provisions relating to the deletion and removal of roads from the state highway secondary system. Additionally, the bill repeals section 57-5-90, relating to belt lines and spurs.
JUDICIARY:
S.111, CERTAIN DRIVERS ALLOWED TO PROCEED THROUGH STEADY RED LIGHT. If a driver of a motorcycle or moped, or a bicycle rider, approaches an intersection that is controlled by a traffic-control device, this bill provides that the driver may proceed through the intersection on a steady red light only if the traffic-control device is equipped with a vehicle sensor; the vehicle sensor has failed to detect the motorcycle, moped, or bicycle because of the motorcycle's, moped's, or bicycle's size or weight; and the driver or rider, as the case may be: comes to a full and complete stop at the intersection for 120 seconds; exercises due care, otherwise treats the traffic control device as a stop sign, and it is safe to proceed.
WAYS AND MEANS:
H.5019, ROLL CALL VOTES REQUIRED FOR PASSAGE OF LEGISLATION RELATING TO EXPENDITURE OF STATE FUNDS. This bill provides that a bill or joint resolution which temporarily or permanently, directly or indirectly, adds, amends, or repeals any provision of law relating to the expenditure of state funds, must receive a recorded roll‑call vote before the bill or joint resolution passes the House of Representatives and the Senate.
If you have a comment or opinion concerning the matters discussed in this report, or if I may be of assistance to you at any time, please feel free to call your legislative office in Columbia (803-734-2957); my home office (843-237-8603); or the Georgetown County Legislative Delegation Office, located in the Courthouse (843-545-3029); or write P.O. Box 1270, Georgetown, SC 29442. If you would like any additional information on these bills, or any other legislation under consideration by the General Assembly, feel free to visit our website at http://www.scstatehouse.net/. Thank you for the opportunity to serve you in the House of Representatives.
The House approved and sent to the Senate or enrolled for ratification the following bills of interest:
The House approved S.1039, pertaining to PROHIBITIONS ON THE REGULATION OF FIREARMS, and enrolled the bill for ratification. This bill provides that counties and municipalities may not enact regulations to prohibit a landowner from discharging a firearm on his property to protect family members, employees, or the general public from animals posing a direct threat or danger on a parcel of land comprised of at least 25 contiguous acres. Any ordinance regulating the discharge of firearms that does not specifically provide for exclusion pursuant to this item is unenforceable as it pertains to an incident described in this item; otherwise, the ordinance is enforceable.
The House approved and sent to the Senate, H.5003, a joint resolution directing the State Treasurer in fiscal year 2008‑2009 to TRANSFER FROM THE HOMESTEAD EXEMPTION FUND TO THE EDUCATION FINANCE ACT RESERVE FUND sufficient monies, as determined by the Department of Education after consultation with the Department of Revenue, to provide each school district of this state with state funding under the Education Finance Act for fiscal year 2008‑2009, at least equal to what the school district received in state funding under the Education Finance Act for fiscal year 2007‑2008.
The House amended, approved and sent to the Senate, H.4737, the "BEHAVIORAL HEALTH SERVICES ACT OF 2008." This bill establishes the Department of Behavioral Health Services comprised of the Division of Alcohol and Other Drug Abuse Services and Division of Mental Health. Among other things, the department is required to develop a State Plan for Behavioral Health Services, which must include the delivery of coordinated, client-centered behavioral health services. The legislation also establishes a Department of Behavioral Health Services Advisory Committee to study the organizational structure of the department to evaluate the effectiveness, efficiency, and accountability of the department and to make recommendations for organizational and service delivery changes. This bill provides for a South Carolina Mental Health Advisory Board, as well as a Division of Alcohol and Other Drug Abuse Services Advisory Board.
The House approved and sent to the Senate, H.4578, a PROPOSED CONSTITUTIONAL AMENDMENT PERTAINING TO SPECIAL PURPOSE DISTRICTS. This joint resolution proposing to amend the State Constitution would be submitted to the voters at the next General Election. This joint resolution proposes to amend the State Constitution to authorize the General Assembly, by special or local law, to abolish a special or public service district created by the General Assembly and transfer its assets and liabilities to an assuming service provider.
The House amended, approved and sent to the Senate, H.4554, a bill placing RESTRICTIONS ON LOCAL GOVERNMENT PROFESSIONAL TAXES AND FEES ON REAL ESTATE LICENSEES. The legislation provides that, notwithstanding any other provision of law, the governing body of a county or municipality may not impose a license, occupation, or professional tax or fee upon real estate licensees, except upon the broker-in-charge at the place where the real estate licensee maintains a principal or branch office. The license, occupation, or professional tax or fee shall permit the broker-in-charge and the broker’s affiliated associate brokers, salespersons, and property managers to engage in all of the brokerage activities without further licensing or taxing, other than the licenses issued by the state.
The House amended, approved and sent to the Senate, H.3740, a bill relating to CORONERS. This bill revises the manner in which vacancy in the office of the coroner is filled. If a vacancy occurs in the office of coroner in any county of this state one year or less before the next General Election for coroners, the Governor may appoint a suitable person who must be an elector of the county, and who, upon qualifying, is entitled to hold the office until his successor is elected and qualifies.
The House approved and sent to the Senate, H.5000, a bill provides that NATIONAL PARK SERVICE PARK RANGERS are federal law enforcement officers who are authorized to enforce South Carolina’s criminal laws.
The House amended, approved and sent to the Senate H.4552, pertaining to UTILITY POLICE OFFICERS. Currently, there are provisions in the law for the Governor to appoint constables and special officers. This bill defines terms and outlines procedures for the appointment of utility police officers.
The House approved and sent to the Senate, H.5012, a bill authorizing CRIMINAL RECORDS CHECKS IN THE LICENSURE OF NURSES. The legislation provides that the State Board of Nursing may require a state and national criminal records check, supported by fingerprints. In addition, a licensed nurse shall wear a clearly legible identification badge bearing the nurse’s official title and first or last name or both.
Some of the bills introduced in the House this week included:
EDUCATION AND PUBLIC WORKS:
S.641, PARENTAL INVOLVEMENT IN CERTAIN EDUCATIONAL DECISIONS. This bill provides that under certain circumstances a school must defer to the decision of parents or guardians of twins and multiples as to whether or not the children will be placed in the same classroom. This bill also provides that a parent or guardian whose child is six years of age on or before the first day of September of a particular school year may elect for the child to attend kindergarten or first grade if the child did not attend kindergarten in the previous school year. The election must be made in writing, and the school’s governing body must comply with the election. However, nothing shall be construed to prohibit a child who does not meet the required standards for the first grade from remaining in kindergarten.
S.981, STATE HIGHWAY SYSTEM. This bill provides that all highways in the state highway system must be built according to state standards. The bill allows the Department of Transportation to add county and municipal roads to the state highway system when necessary for the interconnectivity of the state highway system. This bill includes additional provisions relating to the deletion and removal of roads from the state highway secondary system. Additionally, the bill repeals section 57-5-90, relating to belt lines and spurs.
JUDICIARY:
S.111, CERTAIN DRIVERS ALLOWED TO PROCEED THROUGH STEADY RED LIGHT. If a driver of a motorcycle or moped, or a bicycle rider, approaches an intersection that is controlled by a traffic-control device, this bill provides that the driver may proceed through the intersection on a steady red light only if the traffic-control device is equipped with a vehicle sensor; the vehicle sensor has failed to detect the motorcycle, moped, or bicycle because of the motorcycle's, moped's, or bicycle's size or weight; and the driver or rider, as the case may be: comes to a full and complete stop at the intersection for 120 seconds; exercises due care, otherwise treats the traffic control device as a stop sign, and it is safe to proceed.
WAYS AND MEANS:
H.5019, ROLL CALL VOTES REQUIRED FOR PASSAGE OF LEGISLATION RELATING TO EXPENDITURE OF STATE FUNDS. This bill provides that a bill or joint resolution which temporarily or permanently, directly or indirectly, adds, amends, or repeals any provision of law relating to the expenditure of state funds, must receive a recorded roll‑call vote before the bill or joint resolution passes the House of Representatives and the Senate.
If you have a comment or opinion concerning the matters discussed in this report, or if I may be of assistance to you at any time, please feel free to call your legislative office in Columbia (803-734-2957); my home office (843-237-8603); or the Georgetown County Legislative Delegation Office, located in the Courthouse (843-545-3029); or write P.O. Box 1270, Georgetown, SC 29442. If you would like any additional information on these bills, or any other legislation under consideration by the General Assembly, feel free to visit our website at http://www.scstatehouse.net/. Thank you for the opportunity to serve you in the House of Representatives.
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