State House Update

Some remember when I said some interesting things will be happening in the Senate when it comes to the budget?
Well I was right

UWASC has been following the life of two provisos. A proviso is sort of a temporary law, literally "a condition attached to an agreement". In this case, inserted throughout different sections of the budget to bend and alter the agreements made in the actual language of the "budget bill' (H3700). A proviso is only suppose to last for one year...and actually is only suppose to relate to financial issues. However, as most things in government/politics those rules are observed at will.

Provisos are added, deleted, and amended at random- sometimes having nothing to do at all with the financial aspect of the budget. And all it takes for a proviso to be enacted for more than a year, is when the budget process roles around the next year- the proviso is amended to reflect the upcoming fiscal year. The proviso will look exactly the same, except it will have something like this : For Fiscal Year 2010-11 2011-12. ( When reading legislation, matter with the line through it is 'struck', meaning it will be taken out, and matter underlined will be added.)

Such is the case for two important provisos in the United Way community, 26.24 and 26. 26. The numbers refer to the section and subsection where they can be found in part 1b of the budget text-designated specifically for provisos. (There are over 90 sections of provisos, not including the subsections.)

Proviso 26.24 reads:
26.24. (DSS: Day Care Facilities Supervision Ratios)  For Fiscal Year 2010-11 2011-12, staff-child ratios contained in Regulations 114-504(B), 114-504(C), 114-524(B), and 114-524(C) shall remain at the June 24, 2008 levels.

The child care facilities implementation of the newly (newly meaning...new in 2007) agreed upon staff-child ratio regulaitons was halted after the 2nd of the 3 year phase-in in 2009. This proviso was added in for the FY2009-10 to delay the implementation--in order for child care facilities to catch up, with the understanding that the proviso would only live for one year. But it was extended in the FY2010-11 budget, and is now being carried over to the FY2011-12 budget.

Proviso 26.26 reads:
26.26. (DSS: Child Care Center Provisional License Extension)  If a licensed child care center is not in full compliance with Regulation 114-507 item A.6(b) A.12(d) related to the provision of hot water, the center may have their provisional license extended until June 30, 2011 2012

This proviso basically means that if a child care center does not have hot water, then it can still obtain a provisional license (as opposed to a standard license). A provisional license allows the facility to operate with the understanding that eventually the requirements for the standard licensure will be met. The danger in this is, that any facility can obtain a provisional license--even one that previously met standard license requirements, but has failed to continue to do so.

The good news is that the proviso has actually been struck. Thanks to actions taken by Senator Vincent Sheheen. Recently Senator Sheheen and Senator Glenn McConnell went through all of the provisos in the budget to find violations of rule 24.A. This rule is one that pertains to germaness. http://www.scstatehouse.gov/senatepage/sr24.htm
Sheheen found that 26.26 was in violation of the rule and brought up a point of order about it. Think of a point of order as like when on Law and Order, in the court room when the lawyer asks the witness a ridiculous question and the ADA jumps up and yells 'objection!' and then the Judge says 'over ruled' or 'sustained'.

Sheheen...metaphorically...