THE MOSS REPORT
Potential 2008 issues

Rep. Dennis Moss

The second regular session of the 117th South Carolina General Assembly will convene Jan. 8. Things are already happening in Columbia as Dec. 5 was the first wave of prefile legislation; the second prefile date will be Dec. 12. There are many significant issues that may be considered by the General Assembly when it reconvenes.

Education is always an important issue at the Statehouse. Legislation establishing the South Carolina Public School Choice Program was approved by the General Assembly during 2007, but the governor's veto of the legislation was sustained. The legislation outlines a process whereby a parent may enroll a student in a public school in any district without paying tuition, and all districts must participate. The stated objective of the legislation is to increase student participation in and student access to public school educational opportunities both within and outside of their resident school district, regardless of where they may live or their socioeconomic status. A recent press conference indicated that Superintendent Jim Rex and others are supporting increasing choices within school districts with options such as single-gender and Montessori programs.

As a former member of the S.C. Highway Patrol, student safety is a priority of mine. With that in mind, I introduced legislation Dec. 12 to increase speeding penalties in a school zone. Currently, there are no special penalties for speeding in a school zone. My legislation will mirror the increased penalties for speeding in a work zone. Increased penalties will emphasize the importance of safe driving in school zones.

In the General Assembly there are numerous bills still pending from the 2007 session addressing different components of the illegal immigration issue. Among other things, the pending bills address: registration of immigration assistance; illegal aliens and public benefits; and the creation of a House study committee to examine the appropriate enforcement of federal and state laws relating to the presence of illegal aliens in South Carolina. During the interim, the Senate Illegal Immigration Reform study committee held public meetings across the state to hear people's concerns. Also, the S.C. Chamber of Commerce recently reversed its opposition to state-level immigration reform. Additional legislation has been prefiled in the Senate and the House addressing the illegal immigration situation. Some form of reform on this issue is likely in 2008.

While legislation was enacted in 2007 requiring ignition interlock devices for certain repeat driving under the influence offenders, comprehensive legislation is still pending that would reform South Carolina's driving under the influence laws. The House of Representatives approved and sent to the Senate legislation that implements a tiered system of punishment with four levels of impairment: "driving while impaired," "driving with an unlawful alcohol concentration," "operating a motor vehicle with an unlawful and high concentration," and "operating a motor vehicle with an unlawful and gross alcohol concentration." This legislation also strengthens penalties and requires treatment for those convicted of a first offense.

The House of Representatives approved and sent to the Senate legislation proposing a cigarette tax increase. Under the proposal, revenue from the additional 1.5-cent surtax on each cigarette was to be credited to a Groceries' Sales Tax Relief Fund.

The House of Representatives approved and sent to the Senate the "South Carolina Rural Infrastructure Act" to assist municipalities, counties, special purpose and public service districts, and public works commissions in constructing and improving rural infrastructure by providing loans and other financial assistance.

Legislation approved by the House of Representatives provides for new limits on state appropriations that are linked to population growth and increases in the consumer price index. The legislation places restrictions on the expenditure of revenues exceeding the limits.

The House of Representatives passed and sent to the Senate legislation proposing periodic sunset review of State government agencies and departments to determine if they should be continued in existence, modified, or terminated.

During the 2007 session, the House of Representatives approved and sent to the Senate legislation revising the process for nominating judicial candidates for election by the General Assembly. This summer the Senate Judiciary Committee appointed a study committee on the issue.

South Carolina's various court dockets are often backlogged. Legislation approved by the House of Representatives and sent to the Senate provides for additional circuit court and family court judges.

The General Assembly may address the issue of changes made to the state's nonemergency Medicaid transportation system. The South Carolina Department of Health and Human Services implemented a broker system in May 2007 in order to enhance efficiency. In the past, the agency contracted directly with transportation companies to provide services for nonemergency cases. There are concerns that these changes have endangered patient safety through late and missed appointments. Members of the General Assembly, including myself, have requested that the Legislative Audit Council conduct an audit of how the agency awards contracts for non-emergency medical transportation for Medicaid beneficiaries.

With the tragedy of the bridge collapse in Minnesota and the 2007 legislative reforms to the Department of Transportation, funding and maintenance needs for South Carolina's bridges and roads may be addressed by the General Assembly in 2008.