Legislative Update - Vol. 16 No. 02 January 19, 1999 - South Carolina Legislature Online

Legislative Update, January 19, 1999

Vol. 16January 19, 1999No. 02

CONTENTS

Week in Review ...... 02

House Committee Action...... 04

House Bills Prefiled on 1/6/99...... 05

Bills Introduced in the House This Week ...... 25

WEEK IN REVIEW - JANUARY 11-15, 1999

HOUSE FLOOR

On Tuesday, January 12, the South Carolina House of Representatives convened in Columbia for the 113th session of the General Assembly. After three years of conducting business in the temporary quarters in the Carolina Plaza building, Representatives returned to the House Chamber which was fully refurbished during the major renovation of the State House completed in the summer of 1998.

On Thursday, Representatives approved several changes to the House Rules of Procedure:

Rule 3.12 was added to specify a dress code for members and employees of the House, pages excluded. Dignified attire is defined as coat, trousers, shirt and tie for males and dress, skirt, slacks and blouse, or pants suits for females. The Speaker of the House is provided sole discretion in excusing an individual from the dress code.

Under Rule 4.8, the Speaker is authorized to commit to a committee any bill or joint resolution which has been returned from the Senate with an amendment that has so materially changed the measure that it no longer relates to the original purpose of the measure. The House amended the rule by authorizing the Speaker to exercise this option for concurrent resolutions as well as for bills and joint resolutions. The House also removed language that required such measures to have originated in the House in order for the Speaker to exercise this authority.

The House amended Rule 4.3 by removing language which prevented the House, as a whole, from receiving invitations to functions after the third Thursday in May.

The House added Rule 4.19 which provides that when a bill or resolution is reported out of a standing committee, any available summary of that measure prepared by committee staff may be made available to members electronically. The new rule provides for a disclaimer that must be printed on such summaries making clear that the material is for internal use and is not an expression of legislative intent.

The House amended Rule 5.3B, pertaining to appropriations bills, so as to require that “an amendment which has the effect of appropriating funds in excess of ten million dollars during the fiscal year stated within the bill shall include within the amendment the corresponding appropriation reduction(s) and/or revenue increase(s) within the same section that shall fully fund the amendment’s proposed appropriation(s) or have attached to it in writing an explanation of the appropriation reduction(s) and/or revenue increase(s) from the different section(s) that shall fully fund the amendment’s proposed appropriation(s).”

Rule 5.14 provides that no report of a Committee on Conference or Free Conference may be considered until the report is printed in the House Journal and explained by conferees on the floor of the House. Specific exceptions are provided. The House amended the rule to add a Conference or Free Conference Report on the Capital Reserve Fund to the list of exceptions.

Rule 6.1 was amended to reduce from six to three the number of weeks at the beginning of the session when the House may meet at 2:00 on Wednesday afternoons to allow committees to meet during the morning hours.

Rule 7.3(i) was amended to remove references which have been made obsolete by the use of the new electronic voting system installed in the House Chamber during the recent State House renovations. The new electronic voting system makes use of cards rather than keys.

Formerly, Rule 8.10 allows a question to be divided if the Speaker “shall appear to comprehend” that the question is divisible. The House amended the rule by replacing “shall appear to comprehend” with the more straightforward “determines.”

Rule 8.14 provides for how a question decided in the affirmative or negative may be reconsidered. The Rule was amended to provide “that if the motion to reconsider concerns an amendment to the matter under Special Order, the House shall immediately have the question of reconsideration before it.”

Rule 9.4 was amended to add: “Proposed amendments must be typewritten and in the proper format for the computer system except as allowed by the Speaker at his discretion."

The House added Rule 9.6: “Proposed amendments to local bills may not impact, affect, or reference any portion of a county other than the county originally referenced in the local bill.”

Rule 10.1 restricts access to the floor of the House Chamber during session. The House amended the rule to add “each statewide constitutional officer” to the list of individuals afforded access to the House floor during session. The House also amended the rule by adding a provision that no member of the Press may conduct interviews within the House Chamber while the House is in session.

The House added Rule 10.6 pertaining to the newly installed computer equipment: “Laptop computers located in the House Chamber may not be removed from the Chamber.”

Rule 10.7 prohibits smoking in the Chamber and other House areas outside of specifically designated smoking areas. The House amended the rule to add “the use of all tobacco products” to the prohibition. The House also amended the rule to provide that the consumption of food is not permitted in the House Chamber.

The House deleted in its entirety Rule 10.10 which provided for when the meetings of a legislative caucus must be open to the public.

SENATE FLOOR

The Senate’s agenda for the first week of session included organization, which was highlighted by the selection of seats, election of officers, and committee assignments. In order to maintain the newly renovated Chamber in proper condition, the Senate adopted a motion to limit the consumption of food to appropriate areas in the joint meeting room and the Senate Cloakroom.

HOUSE COMMITTEE ACTION

AGRICULTURE, NATURAL RESOURCES, AND ENVIRONMENTAL AFFAIRS

The full Agriculture, Natural Resources and Environmental Affairs Committee did not meet this week.

EDUCATION AND PUBLIC WORKS

The full Education and Public Works Committee did not meet this week.

JUDICIARY

On Tuesday, January 12, the full Judiciary Committee adopted its rules for the 1999-2000 session.

LABOR, COMMERCE AND INDUSTRY

The full Labor, Commerce and Industry Committee did not meet this week.

MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

The full 3-M Committee met and adopted its rules for the 1999-2000 session.

WAYS AND MEANS

The full Ways and Means Committee did not meet this week.

HOUSE BILLS PREFILED ON JANUARY 6, 1999

AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

H.3239NO WAKE ZONE ON WACCAMAW RIVER ESTABLISHED Rep. Barfield

This bill establishes a no wake zone from a point twenty-five yards north of the Highway 501 bridge across the Waccamaw River in Horry County to a point one hundred yards below the south side of the bridge.

H.3245LOW-LEVEL RADIOACTIVE WASTE DISPOSAL Rep. Sheheen

This bill eliminates the Low-Level Radioactive Waste Compact Negotiating Committee. The bill modifies the Budget and Control Board’s responsibilities with regard to the Barnwell waste disposal site, so as to provide that the closure of the site is to be final and that the facility operator’s license is to be cancelled rather than transferred. The bill provides that no low-level radioactive waste generated outside the state of South Carolina may be disposed of at a facility located in this state.

H.3261EXCLUSIVE USE OF MARSHLANDS ON THE NORTHEAST END OF SULLIVAN’S ISLAND Rep. Harrison

This joint resolution repeals the joint resolution enacted on December 19, 1843, granting exclusive use of marshlands at the northeast end of Sullivan’s Island to David Truesdell to use for planting oysters during the pleasure of the General Assembly.

EDUCATION AND PUBLIC WORKS

H.3159VEHICLE SALES/LICENSE PLATES Rep. J. Brown

Current law relating to the grace period for procuring registration and license for a newly acquired vehicle provides that persons newly acquiring vehicles and owners of foreign vehicles being moved into this State and required to be registered have a maximum of forty-five days to register and license the vehicles. This bill adds language to the SC Code of Laws requiring that dealers issue interim license plates and registration cards when they sell vehicles. The bill requires the Department of Public Safety (DPS) to design the plate inexpensively and sell it to dealers for five dollars, which is also the price that the dealer may charge. The bill provides required information which must be on the interim plate and provides that if a person purchases a vehicle from other than a dealer, that person must apply directly to DPS for the interim plate and registration card within five days of purchasing the vehicle. The bill allows a maximum period of forty-five days for the owner of the vehicle to replace the interim plate and registration card with a permanent plate and card. Violation of these provisions is a misdemeanor punishable by a maximum fine of fifty dollars.

H.3168ASSISTIVE TECHNOLOGY TRAINING Rep. J. Brown

This bill requires that a minimum of one credit hour in assistive technology training must be included in the recertification requirements for special education teachers and administrators. The bill defines "assistive technology" as a device or service which is used to increase, maintain, or improve the functional capacities of an individual with a disability.

H.3173SAFETY BELTS ON SCHOOL BUSES Rep. J. Brown

This bill requires that every school bus purchased after June 30, 1999, must be equipped with safety belts for use by each person riding the bus. The SC Code of Laws defines "school bus" as every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school.

H.3178LICENSE PLATES Rep. Simrill

This bill provides that a motor vehicle over twenty-five years old and used for general transportation may bear the license plate of the vehicle's model year instead of its current registration plate, if the current registration is maintained within the motor vehicle and produced upon request of a law enforcement officer.

H.3188SPEED LIMITS Rep. Knotts

This bill revises the maximum speed limit on an interstate highway to seventy miles an hour. The bill also repeals the current section of law which makes it unlawful to operate a motor vehicle on the streets and highways of South Carolina at a speed in excess of fifty-five miles an hour, except where federal law permits the State to raise the speed limit above fifty-five miles per hour.

H.3189MINIMUM VISUAL REQUIREMENTS FOR DRIVING Rep. Hawkins

This bill amends statutory minimum vision requirements for driving by adding a provision to the SC Code of Laws providing that a person whose degree of vision is less than 20/40, but better than 20/200 using spectacles, contact lenses, or the carrier portion of bioptic spectacles is eligible for a driver's license under certain conditions. Bioptic spectacles are specialized low vision devices.

H.3193CONDITIONAL TEACHING CERTIFICATES Rep. Cobb-Hunter

This bill provides that a person not certified to teach in South Carolina who possesses peculiar expertise in a subject area of critical need or who in vocational areas has peculiar knowledge and expertise in the skills and abilities necessary to perform that vocation may, under certain conditions, teach that subject of critical need or that particular vocation under a conditional teaching certificate.

H.3211ELIGIBILITY FOR LIFE SCHOLARSHIPS Rep. Knotts

This bill deletes the current statutory provision that makes a student who has been convicted of an alcohol-related defense ineligible for a LIFE Scholarship.

H.3219PUBLIC SCHOOL GRADING SYSTEM Rep. J. Brown

This bill requires that the State Board of Education establish, by school year 2000-2001, a uniform grading system to be used by all public schools in South Carolina. Variations in grading are allowed between elementary and secondary schools and in certain other instances.

H.3220HANDICAPPED PARKING SPACES Rep. J. Brown

This bill provides that a handicapped parking space may be used by a person authorized to use a handicapped placard, with the exception of numbered spaces reserved for use by only one person.

H.3221SCHOOL DRESS CODE POLICY Rep. J. Brown

This bill authorizes a school board to promulgate regulations establishing a school uniform or dress code policy. The bill also specifies procedures which must be followed when a school implements a dress code that requires every student to wear uniform dress.

H.3224ALTERNATIVE EDUCATION PROGRAMS Rep. J. Brown

This bill provides that, beginning with school year 2000-2001, any student suspended or expelled from school for certain reasons shall be supervised by the governing board of the school district, which shall use "alternative education programs" approved by the State Department of Education for these students. "Alternative education programs" are defined in the bill as programs designed to offer variations of traditional instructional programs and strategies for the purpose of increasing the likelihood that students who are unmotivated or unsuccessful in traditional programs or who are disruptive in the traditional school setting remain in school and obtain a high school diploma. The bill provides for district waivers from these requirements for economically justifiable reasons.

H.3225SPECIAL EDUCATION STUDENTS Rep. J. Brown

This bill provides that, beginning no later than age sixteen, special education students who graduate from high school by diploma, attendance certificate, or who otherwise exit the public school system after entering high school must be provided an individual transition plan which must assure that the students have adequate information, access to adult service agencies and a statement of the interagency responsibilities or linkages which can provide appropriate assistive technology devices and services to them after they exit the public school system. The bill provides definitions for "assistive technology," for "assistive technology services" and "assistive technology devices," and for "transition services." The bill also includes provisions regarding the development of the transition plan.

H.3226PERSONS DISTURBING SCHOOLS OR COLLEGES Rep. Lourie

Current law provides that it is a misdemeanor for any person wilfully or unnecessarily to interfere with or to disturb students or teachers of any school or college of this State, to loiter about school or college premises, or to act in an obnoxious manner thereon. It is also a misdemeanor under current law for a person to enter any school or college premises or to loiter around the premises without permission from the person in charge. This bill provides that it may be inferred that a person who engages in picketing, a demonstration, or a protest, on the premises of a school or college, or within sight or hearing of a person lawfully on, entering or leaving the premises of the school or college, that interferes with access to or departure from the premises of the school or college, or the normal or regularly scheduled use and activities of the school or college, intends to wilfully or unnecessarily interfere with or disturb the school or college, or the students or teachers of the school or college.

H.3227PUBLIC EDUCATION FUNDING STUDY COMMITTEE Rep. Cobb-Hunter

This joint resolution creates a Public Education Funding Study Committee, charged to study the system of funding K-12 public education in South Carolina and to report recommendations to the Governor and to the General Assembly on January 15, 2000, at which time the committee will dissolve. The bill provides certain areas that must be included in the study, provides for the composition, terms, and requirements for committee members, and provides for staffing for the committee.

JUDICIARY

H.3153DRUG TREATMENT COURT ACT Rep. Wilkins

This bill creates The South Carolina Drug Treatment Court Program (Program). The Program is designed to help create local drug treatment court programs throughout the state. Drug treatment programs use a non-adversarial approach to provide participants with access to drug and alcohol treatment and rehabilitation services. The bill requires offenders to contribute to the costs of substance abuse treatment received while in the Program. This bill does not confer a right or an expectation of a right to treatment for an offender within the criminal justice system.

H.3153 provides that the Program will have a director and an advisory committee. Under the bill, the director of the Program will be the director of the Sentencing Guidelines Commission. The Chairmen of the Senate and House Judiciary Committees will appoint the members of the advisory committee. The bill outlines the responsibilities and duties of the director and the advisory committee.

This bill also creates The Drug Treatment Court Program Fund (Fund). The director in consultation with the advisory committee will administer the Fund and award grants to help create and continue local drug treatment court programs. The bill provides guidelines for grant applications.