2004 Legislature
made progress on a handful of intractable issues
By CINDI ROSS
SCOPPE Associate
Editor
ONE OF THE first articles I wrote as a legislative reporter, back
in 1988, was about an effort by a bizarre coalition of groups
ranging from the American Civil Liberties Union to the John Birch
Society that said it was trying to save the U.S. Constitution.
At issue was what looked like the impending call for a
constitutional convention to pass a balanced-budget amendment. The
save-the-Constitution crowd was convinced that this would lead
either to anarchy or communism, depending on which end of the
spectrum you were talking to, because there was no way to limit the
scope of a convention. So it was trying to get the 32 state
legislatures that had called for a convention to rescind those
calls, before we reached the magic number of 34 states that would
force one.
The bill in South Carolina had passed the House and — surprise —
was being held up in the Senate, by three senators. There, it would
eventually die — as have all similar measures that have been
proposed over the years.
Until this year.
This year, on June 2, a new batch of Constitution-defenders
finally broke through the 16-year wall of resistance and passed the
legislation, removing South Carolina from the list of states that
have called for a convention, and moving our nation one step back
from the precipice.
It just goes to show that even in an abysmally unproductive
session, a session marked by inflexibility and risk-aversion, some
lost causes can be won.
In fact, it looked for a time, during the hectic final days of
the session, like other perennial proposals would slip suddenly into
law, from a bill to strip high school dropouts of their driver’s
licenses to a more recent effort to overhaul state health
agencies.
While those successes never materialized, the much-maligned 2004
General Assembly did manage to make progress on a few intractable
problems. Not many, unfortunately, but a few.
At the top of the list are three important pieces of legislation
that passed either early enough or late enough to be lost in the
consensus of disgust that began to form in May:
• PSC reform. After a stalemate
that spanned three legislative sessions, lawmakers passed a bill
that should greatly improve the state’s regulation of power
companies, phone companies and other public utilities. The bill, a
response to legislative logrolling and far-too-cozy relationships
between regulators and the regulated, will end regulators'
disturbing practice of meeting secretly with utility
representatives, require that those regulators be college graduates
with relevant experience, and prohibit legislators’ spouses and
dependents from becoming regulators.
• Fiscal Discipline Act. State
leaders buried their heads in the sand in 2002 when the state ended
the fiscal year with an unconstitutional deficit; they refused in
2003 to pay it off. And up until the final days of this session, it
looked as though even a plan to plug the hole completely and prevent
such a thing happening again would die in a whimper. But then the
Senate relented and passed a bill that sets up a process to finish
paying off the deficit, replenish reserve funds and provide the
tools — and the mandate — that will force the Budget and Control
Board to act immediately if another year-end debt materializes.
• Minibottles. The
constitutionally mandated tiny liquor bottles have contributed to
our state’s nation-leading highway death rate, by tricking people
into drinking more liquor than they expected. The tourism industry
says that on top of that, they drive up drink costs, cut into profit
margins and make the state look backwards. Finally this fall, voters
will have a chance to eliminate the minibottle requirement from the
constitution.
Other perennial proposals passed this year are more limited in
scope, but still mark surprising advances worth celebrating:
• Social workers and veterinarians
will be required to report to animal protection officials if they
have reason to believe someone has abandoned or abused an animal;
everybody else will be required to report cases in which they have
“actual cause,” a higher hurdle, to believe abuse or abandonment
occurred.
• Outside agencies will
investigate any wrecks that occur during the course of police
pursuits. This closes a loophole in the law that some police
agencies said only required an outside review if a police vehicle
physically crashed. The law also makes it clear that the
investigations must identify possible witnesses who weren’t involved
but might have seen what led up to the crash. (OK: This one doesn’t
really fit the category, since we only recently learned this was a
problem, but it’s an excellent law that needed to be mentioned
somewhere.)
• People involved in traffic
accidents that don’t involve injuries will have to move their
vehicles out of the way of traffic immediately, rather than waiting
until police arrive.
• Drivers who cancel their auto
insurance will have their driver’s license suspended. The state
already suspends the license plate of the uninsured car. While the
law is too often not enforced, the new provision should help by
dramatically increasing the penalty for anyone who gets caught. And
that can’t help but reduce our abnormally high rate of uninsured
drivers.
Ms. Scoppe can be reached at cscoppe@thestate.com or at
(803)
771-8571. |