Senate Summary | Week of February 26 - 28, 2008
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Quote of the Week: “This is one of the hardest working committees I have seen in some time. I think what we are seeing is a subcommittee that is working to produce the best recommendation possible and I applaud their efforts. I have every confidence in Senator Alexander and the other members of the subcommittee, and I think we should allow them the time they need to properly answer all of the questions before them.”
-Senate Finance Chairman Senator Hugh Leatherman (R-Florence) commenting on the Special Subcommittee working on Cigarette Tax
Immigration Reform Goes to Conference Committee The Illegal Immigration Reform Act (S.392), sponsored by Senator Jim Ritchie (R-13), Majority Whip, will be debated in a Joint Legislative Conference Committee next week. The first meeting is scheduled for Tuesday, March 4 at 10 A.M.
The conference committee consists of Senators Jim Ritchie, Chip Campsen, and Vincent Sheheen, as well as, House of Representative members Jim Harrison, Greg Delleney, and Thad Viers.
Banking and Insurance Committee Meeting Advances “SC HealthNet” Plan
The Senate Banking and Insurance Committee, chaired by Senator David Thomas (R-Greenville), met on Wednesday, February 27, and heard additional testimony on the “SC HealthNet” (S.1129) plan. After hearing testimony from several people including Department of Insurance Commissioner Scott Richardson, the bill was referred to subcommittee.
The plan is a five-year pilot project by the Department of Insurance designed to cover the working uninsured in South Carolina. Funding from the program will be derived from federal grants, private-public partnerships, and eligible Medicaid funds. Proponents of the plan do not anticipate using taxpayer funds for underwriting.
Budget Subcommittee Hearings Begin
The Senate budget process got underway this week with a full round of Finance subcommittee hearings. The Health and Human Services, Natural Resources, and Constitutional-Administrative subcommittees were among those holding budget hearings this week.
Senate subcommittee budget hearings are expected to continue over the next three weeks with full Senate Finance Committee budget hearings expected to begin around the first week of April.
Cigarette Tax Subcommittee Continues to Work toward proposal On Thursday, February 28, the Senate Finance Special Subcommittee on Cigarette Tax (H.3567) met and heard testimony from Sharon Biggers, Division Director of DHEC’s Division of Tobacco Prevention and Control. Biggers presented statistics about current tobacco use in the state highlighting the fact that since 1999 tobacco use in South Carolina is trending downward. Upon completion of Biggers testimony the subcommittee adjourned.
Earlier in the week, Senate Finance Chairman Senator Hugh Leatherman (R-Florence) made a motion to extend the subcommittees deadline to give them ample time to work on the issues that continue to develop throughout the process.
Cracking Down on Failure to Appear
On Thursday, February 28, a Senate Judiciary Subcommittee approved a bill (H.3587) making it a separate crime for failure to appear before the court. The South Carolina Commission on Prosecution Coordination, the Sheriff’s Association, the Bail Agents Association, the Municipal Court Administrators Association, and the Association of Clerks of Court all support the bill.
The bill now heads to the full Senate Judiciary Committee for consideration.
Judiciary Committee Working to Clear Calendar The full Senate Judiciary Committee, chaired by Senate President Pro Tempore Senator Glenn McConnell (R-Charleston), met on Tuesday, February 26, and the following bills were given a favorable report.
S.81/H.3059 - A motion was made to replace S.81 with H.3059 due to the similarity of the bills. The bill H.3059 makes it illegal to provide false identification to a law enforcement officer, a member of a fire department or a rescue squad.
S. 979 - Provides restitution for an erroneous conviction and sets a limit on amount of monetary compensation.
S.1053- Provides judges the option to deny bail to a person who has been released on bail pending trial and subsequently is charged with a violent offense.
S.1056 - Requires juveniles, probationers and parolees to agree, as part of their conditions of release, to being subject to search and seizure with or without a search warrant and with or without cause.
H.3528 - Restricts circumstances under which SLED may release lists of concealed weapons permit holders.
All the bills listed above were added to the Senate calendar for consideration. Additional bills were debated during the three-hour meeting, but were carried over until the next full Senate Judiciary Committee meeting, which is set for
Tuesday, March 4.
On Thursday, February 28, the Senate gave second reading to S.81 (H.3059), S.979, S.1053 and H.3528. Senate bill 1056 was carried over and is expected to receive additional debate next week.
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Cigarette Tax Complex Issue to Resolve
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Subcommittee Continues to Work with Extended Deadline
Columbia, SC - The Senate Finance Special Subcommittee on Cigarette Tax
(H.3567) met for its sixth time today. During the meeting subcommittee members heard testimony from a representative of the Tobacco Control Program with the Department of Health and Environmental Control.
The subcommittee has heard testimony from at least 29 different individuals and organizations, poured over similar legislation from other states, and reviewed a variety of proposals on everything from implementation to the use of revenue.
“Research shows that cigarette taxes in 43 states have been raised at least 75 times in the last eight years,” says Subcommittee Chairman Senator Thomas Alexander (R-Oconee/Pickens).“Just as important as the use of any revenue for healthcare is the overall impact we can have on continuing to decrease youth smoking.”
Beyond the core question facing the subcommittee, members must also address implementation of any law change, what methods will be used to transition into any new proposed increase, and how any new revenue could be used.
One idea gaining support among subcommittee members concerning the use of new revenue is the development of a Healthcare Trust Fund. “The trust fund, which will need to be self-contained with funds generated by the cigarette tax, could be used to begin addressing the medical costs for the state’s uninsured,” says Senator Alexander.
The subcommittee has heard testimony from a variety of organizations with plans to expand uninsured coverage, most of which propose deriving funds from a cigarette tax increase. The subcommittee has yet to settle on any specific proposal.
“This is one of the hardest working committees I have seen in some time,” says Senate Finance Chairman Senator Hugh Leatherman (R-Florence). “I think what we are seeing is a subcommittee that is working to produce the best recommendation possible and I applaud their efforts. I have every confidence in Senator Alexander and the other members of the subcommittee, and I think we should allow them the time they need to properly answer all of the questions before them.”
The subcommittee recently asked the Senate for an extension to the March 5 deadline, which would allow them to continue working toward a comprehensive resolution before making a recommendation.
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McConnell Calls on House to Lift Drought on Reform
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Columbia, SC – After members of the House Judiciary Committee moved to adjourn debate on the DNA database bill and a bill dealing with Sentencing Reform, President Pro Tempore Glenn McConnell called on the House of Representatives to spend some time working on those reform issues in order to save South Carolina lives.
Senator McConnell said, “The Senate passed a series of reform bills that were designed to make every day a safer one for South Carolina families. Unfortunately, the House has consistently delayed consideration of these crime-fighting bills. I hope that the citizens of South Carolina will call their Representatives and say enough is enough. That it is time for the House to debate and pass these bills to make our state safer. As our state works out of a water drought, we don’t need to deal with a drought of reform.”
The Senate has passed several bills designed to make South Carolina safer. These bills include the South Carolina Teacher Protection Act, the DNA database bill, and a bill to reconstitute the Sentencing Reform Commission. “Sadly, these bills languish with other Senate reform bills like English only and a constitutional convention on illegal immigration.”
Senator McConnell explained the importance of each of these components in the war on crime and justice. “We cannot expect our teachers to teach if they have to be afraid of injury or lawsuit in the performance of their duties. The Teacher Protection Act allows teachers to do their jobs without looking over their shoulder. Another major issue is that law Enforcement has said that the DNA bill is the most important thing our state can do to fight crime especially crime against women and children. Finally, the Sentencing Guideline Reform is designed to allow for alternative sentencing for minor crimes so that the state will have the room to hold those who commit violent crimes for a very long time.”
Finally, Senator McConnell stated, “We need to backup the police, not hinder them and we need to protect law abiding school teachers. I cannot imagine anything more pressing than the safety of our people.”
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Anti-crime bills head to Senate floor
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COLUMBIA — The state Legislature got one step closer to putting in place a crime-fighting package local police believe will make communities safer.
Bills to allow authorities to search offenders on probation or parole without a warrant and one that would allow judges to deny bail to repeat offenders were sent to the Senate floor Tuesday.
“I think we posted some big wins today,” Senate President Pro Tem Glenn McConnell, R-Charleston, said after the Senate Judiciary Committee meeting.
“I see us, as of now, having moved forward on almost every front that we could. After talking to the police chiefs, most of their agenda is now moving in the Legislature.”
North Charleston Police Chief Jon Zumalt and Charleston Police Chief Greg Mullen, along with other top Charleston County police officials, have sought the Legislature’s help in fighting violent crime and keeping dangerous criminals off the streets and outlined a five-point plan for doing so.
As part of the effort to address what they see as shortcomings in the criminal justice system, the police officials also want the Legislature to hire more judges and abolish parole for violent offenders and require that they serve at least 85 percent of their sentence before becoming eligible for release.
Another element would allow authorities to collect DNA samples at the time of arrest for certain crimes. That bill passed the Senate in January and is awaiting consideration in the House.
Zumalt said the bills passed by the Senate committee Tuesday would go a long way to help police and state probation agents control problem criminals.
“I’m just thrilled by this,” Zumalt said. “I’m very proud of Senators McConnell and Ford for sponsoring this, and very thankful it was approved by the committee.”
Sen. Robert Ford, D-Charleston, has been an advocate of strengthening the criminal justice system. On Tuesday, he implored his colleagues on the Judiciary
Committee to support the legislation involving bail for repeat offenders, calling it a “key element” in the crime-fighting package. The committee voted 21-0 on that bill.
On the bill regarding warrantless searches, the committee voted 21-1 to send it to the Senate floor for consideration. Sen. Shane Massey, R-Edgefield, voted in opposition.
Like Zumalt, Mullen and Charleston Mayor Joe Riley commended the Senate for its support and echoed a belief that it could make the community safer.
House Speaker Bobby Harrell, R-Charleston, said he is inclined to support the legislation. House Majority Leader Jim Merrill of Daniel Island said the same, although he is not sure the answer to violent crime can be found in the Statehouse.
“A lot of it is societal changes that I am not sure any law is going to necessarily affect,” Merrill said. “Many of the norms and standards that used to exist are now just kind of wiped away. Common decency and expectations aren’t there anymore. I just don’t know if laws can change that.”
Charleston Post & Courier
By Glenn Smith & Yvonne Wenger
2/27/07
