South Carolina Senate Republican Caucus

Legislators reacted mostly with approval Monday to the news that Clemson’s head football coach was leaving his job in the middle of the season, though some questioned the $3.5 million “orange parachute” buyout that will be paid to Tommy Bowden.

The buyout comes as Clemson and other state agencies face new budget cuts and at a time of national financial crisis that university President James Barker recently said could impact “every source of revenue” at Clemson and result in cuts that “will be felt.”

Reacting to Bowden’s departure, Rep. Harry Cato of Travelers Rest said, “It was time.” Read the rest of this entry »

Contractors must not hire undocumented workers

The state Department of Transportation will start making contractors promise they’re not hiring undocumented workers almost a year before a new state law requires it.

New DOT contracts will require companies that get state road projects to promise they are in compliance with the South Carolina Illegal Immigration Reform Act, DOT Chief Counsel Linda McDonald said Friday.

Gov. Mark Sanford signed the law in June. One of the provisions is that employers must verify the immigration status of new workers. That part of the law takes effect next summer for larger companies. Read the rest of this entry »

DUI DAILY

Governor Sanford Signs DUI Law That Strengthens Penalties and Gets Rid of Loopholes.

Governor Mark Sanford signed H.3496, a new law to toughen the state’s DUI penalties and remove enforcement loopholes, which the governor called for in his State of the State address as part of his “First 30 Days Agenda.”

Read the rest of this entry »

���I believe the good people of Pickens County were able to see what was happening and I think they decided not to yield to special interest groups.”

- State Rep. B. R. Skelton

Incumbent State Rep. B.R. Skelton will face Democratic opposition in November, but he may have fended off the biggest challenge to his political career on Tuesday.

Skelton topped challenger Troy Whitehurst 1,524 to 1,280, in a battle that, like the parallel race in Oconee County, was charged with claims of outside money influence by Skelton and big spending in Columbia by Whitehurst. Unlike Oconee, however, Gov. Mark Sanford did not throw is formal backing to Skelton’s challenger, but that didn’t soften the winner’s comments Tuesday night. Read the rest of this entry »

Columbia, SC – The South Carolina Senate closed the regular session today still debating tough issues. In the waning moments of the session the Senate brokered an agreement on the concealed weapons reciprocity bill (H.3212), which expands the number of states recognizing South Carolina’s concealed weapons permits to at least 27. The Senate was also able to build consensus on several DNA bills that were added as amendments to S.429, the final details of a conference committee report will be considered when the General Assembly reconvenes later this month for a final wrap-up session.

Overall this session was highlighted by reform measures being passed on several high profile issues: illegal immigration, DUI, education, and small business health care.

“Immigration reform was the bright and shining star of this session, because it took everyone working together to come up with a viable solution,” says Senate Majority Leader Harvey Peeler (R-Cherokee). “I would consider this a correction session. The Senate made significant changes to DUI, education and illegal immigration. I am most pleased that despite a lean budget, we were able to put almost $100 million of new general fund money into K-12 education.”

The biggest topic of the year, immigration reform, came to a final resolution this week when Governor Mark Sanford signed the South Carolina Illegal Immigration Reform Act into law. The nation’s strongest and most comprehensive immigration reform law was the result of two years of work by Senate leaders, particularly Senator Jim Ritchie (R-Spartanburg).

“After two years of hard work, South Carolina now has the strongest, most comprehensive illegal immigration reform law in the country. In addition to a strong E-Verify requirement for all employers, this law addresses all of the key issues in the fight against illegal immigration,” says Senator Ritchie.
The Senate passed a new DUI law this year that significantly increases penalties for those convicted of DUI. The bill established a tiered system of offenses and penalties. Those convicted of DUI for the first time face the possibility of increased jail time and fines. The new reform bill also removed many of the legal loopholes that have been exploited in the past by defense attorneys. Senator Larry Martin (R-Pickens) Chaired the Joint Legislative Conference Committee that hammered out the final agreement on the bill.

“The Senate took two major steps in strengthening the state’s DUI laws,” says Senator Martin. “First, the Senate removed the cumbersome requirement that officers provide multiple roadside warnings to those suspected of DUI. Second, the Senate created a tiered system for first-time offenders that increases penalties for people whose blood alcohol content is above .16.”

The Education Accountability Act became a big issue this session as legislators discussed the elimination of the Palmetto Achievement Challenge Test (PACT). The ten-year-old test was scheduled to expire and educators wanted to replace the test, which they claim does not provide the individual assessments needed to benefit students. Senator Wes Hayes (R-York) shepherded the bill through the Senate.

“This is possibly the most important education bill that passed the General Assembly this session,” says Senator Hayes. “This bill makes some significant changes to the accountability system. Testing will not only measure how our schools and students are performing, but will provide teachers the diagnostic feedback needed to help individual students improve.”

Small businesses are now able to join together to form “Healthcare Cooperatives,” thanks in large part to the Senate Republican Caucus. The law allows a group of 10 or more industry-related, small businesses to join together for the purpose of purchasing group insurance, which often provides cheaper rates than can be negotiated by an individual business. Senator David Thomas (R-Greenville), Chairman of the Senate Banking and Insurance Committee, was one of the top advocates for the bill during the last two legislative sessions.

“This law will increase the affordability of health insurance for small business throughout South Carolina,” says Senator Thomas. “We need to do all we can to help small business be as competitive as possible, and this bill is a key step in that direction.”

The General Assembly is expected to return for no more than three legislative days between June 17 and 27, to consider gubernatorial vetoes, conference committee reports and a limited number of other items outlined in the Sine Die resolution.

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Quote of the Week: “After looking at this year’s budget I think the Governor should change the name of Pork and Barrel to Olive Oyl and Twiggy.”

Senate Finance Committee Vice-Chairman Senator Harvey Peeler, referencing the piglets Governor Mark Sanford brought into the State House during the 2004 budget process and the elimination of
special project spending in the budget approved by the Senate Finance Committee this week.

Pork-free Budget Passes Senate Finance Committee
The Senate Finance Committee, chaired by Senator Hugh Leatherman (R-Florence), approved an appropriations bill that clearly demonstrates education is a top priority for the Senate.  The $7 billion budget fully funds the Education Finance Act, maintains the school bus replacement program, and continues four-year-old kindergarten among other educational priorities.

Based on warning signals from the Board of Economic Advisors the Senate started its budget process assuming available revenue would be $50 million less than the House budget. In order to address this deficiency the Senate eliminated $30 million in special projects included in the House version of the budget.

Details of the budget include funding the Education Finance Act with $2,578 per student, replacing 551 school buses this year as part of the 15-year cycle program, funding teacher salaries at $300 above the Southeastern average, and providing a 2% pay raise for other state employees.

Money from the SC Education Lottery was used to fully fund Life, Hope and Palmetto Fellows Scholarships eliminating the need to use money from the general fund. The Senate version of the budget also provides continued funding to four-year-old kindergarten programs in 35 school districts.

On average state agencies will receive a 3.6% cut in funding under the Senate plan. Senate floor debate on the appropriations bill is expected to begin April 15.

Broadband Plan Moves to Senate Floor
The Senate Judiciary Committee approved an amendment to H.4735 creating the South Carolina Educational Broadband Service Commission. The seven-member commission would be charged with obtaining and evaluating proposals from private broadband providers seeking to lease South Carolina Educational Television’s excess broadcasting bandwidth.

Beginning in 2009, ETV will begin a process of opening much of its licensed spectrum for other uses, including wireless broadband Internet availability.  The bill was placed on the Senate calendar on Thursday, April 3 and is expected to receive a key second reading next week.

Candidate Drug Testing Caught-up in Filibuster
The Democrat filibuster of the Candidate Drug Testing bill continued this week on the Senate floor. The Senate Republican Caucus hopes to bring the debate to a close and move the bill to the House prior to budget discussions that are expected to begin April 15.

Cigarette Tax Increase Narrowly Passes Senate Finance Committee
The Senate Finance Committee narrowly agreed, on Wednesday, April 2, to a proposal that would increase taxes on cigarettes by fifty cents a pack. The proposed increase was the product of more than six-months of work by a Special Senate Finance Subcommittee, led by Senator Thomas Alexander (R-Oconee).

The initial proposal submitted by the subcommittee was voted down; however the Finance committee did accept an amendment to the proposal by a 12-11 vote.  The measure now moves to the full Senate for consideration. Debate on the bill could begin as early as Tuesday, April 8.

DUI Conference Committee Reaches Agreement
The Joint Legislative Conference Committee on DUI Reform, chaired by Senator Larry Martin (R-Pickens), finalized work on a stronger DUI law for South Carolina on Thursday, April 3.  The agreement provides for a tiered structure of penalties tied to the blood-alcohol concentration of the driver and removes some of the roadblocks to prosecuting drunk drivers.

Both the House and Senate must approve the conference committee report before it heads to the Governor’s Office. Governor Sanford has indicated his desire for a strong DUI bill and is expected to sign the bill once approved by the General Assembly.

Education Subcommittee Reviews Accountability Act
A Senate K-12 Education Subcommittee, chaired by Senator Wes Hayes (R-York), met on Tuesday, April 1, and reported-out, with amendment, the Education Accountability Act (H.4662).  The amendment passed by the committee moves forward the first testing date of the Elementary and Middle School Assessment Program (EMSAP) to the 2008-2009 school-term. The amendment also revised the school Education Oversight Committee’s School Report Card methodology, changing the “unsatisfactory” classification to “priority.” The full Education Committee will consider the bill on Wednesday, April 9.

Immigration Conference Committee Nears Agreement
Senate and House conference committee members working on the Illegal Immigration Reform Act (S.392) are close to a final agreement.  Senator Jim Ritchie (R-Spartanburg), following the Wednesday, April 2, meeting, announced his intention to finalize the committee’s work in hopes of sending a comprehensive illegal immigration reform bill to the Governor in the next two weeks.

The joint conference committee is expected to meet again next week for a final review of the bill prior to taking the bill back to the General Assembly for final approval.

Judiciary Subcommittee Prepares for DPS Director Confirmation Hearings
Even before a Department of Public Safety Director nominee has been presented, Senate Judiciary Chairman Senator Glenn McConnell (R-Charleston) assembled a subcommittee to determine what questions should be asked of a prospective candidate. The subcommittee, being chaired by Senator McConnell, also includes Senators Robert Ford (D-Charleston), Jake Knotts (R-Lexington), Vincent Sheheen (D-Kershaw) and Ray Cleary (R-Georgetown).

“We are interested in understanding what a new director will be confronted with in terms of challenges,  and we want to know how that person plans on dealing with those challenges,” says Senator McConnell.

The subcommittee hopes to focus the information requested and needed by the full Senate Judiciary Committee prior to the beginning of confirmation hearings. After the meeting, Senator McConnell issued a memo to Senate Judiciary staff outlining the scope of the research to be conducted.

Post Conviction DNA Testing
The Senate Judiciary Subcommittee working on an amendment to S.429, the Post-Conviction DNA Procedures Act, completed its mission this week. The amendment will be on the Senate Judiciary agenda when the full committee meets Tuesday, April 8.

Sprinkler Tax-Credit Plan Heads to Senate Floor
The Senate Labor, Commerce and Industry Committee, chaired by Senator Greg Ryberg (R-Aiken), met on Thursday, April 3, concerning the “Sprinkler Bill” (S.860). The committee approved an amendment to the bill that would provide a property tax credit of up to 25% of the direct expenses related to the voluntary installation of sprinklers in a commercial or residential structure.  The bill now heads to the full Senate and is expected to be on the calendar Wednesday, April 9.

Water -Withdrawal Permitting on Senate Calendar
The water-withdrawal permitting bill (S.428) was placed on the Senate calendar this week; however, the bill is being contested, which prevents the bill moving forward without being set for Special Order.

Quote of the Week: “After looking at this year¹s budget I think the
Governor should change the name of Pork and Barrel to Olive Oyl and
Twiggy.”

Read the rest of this entry »

House-Senate panel reaches agreement on most points to toughen drunk- driving penalties

An S.C. House-Senate conference committee appears to have resolved many of the sticking points between competing versions of a bill that would toughen penalties for drunk driving.

Sen. Larry Martin, R-Pickens, chairman of the six-member conference committee, was confident about the compromises after two conference committee meetings Wednesday.
Read the rest of this entry »

Bill must receive final vote from legislators before heading to Governor

Columbia, SC – The Joint Legislative Conference Committee on DUI Reform, chaired by Senator Larry Martin (R-Pickens) today finalized work on a stronger DUI law for South Carolina.  The agreement provides for a tiered structure of penalties tied to the blood alcohol concentration of the driver and removes some of the roadblocks to prosecuting drunk drivers.

“This represents a very positive change in the law, it strengthens penalties against both first time and repeat offenders,” says Senator Larry Martin. “The law is designed to encourage societal changes about drinking and driving. This is not about alcohol consumption, it is about drinking and driving and the unacceptable consequences of those actions.” Read the rest of this entry »

Senate and House Members Want to Produce Strongest Bill Possible

Columbia, SC – Senate and House members sat down today to begin working out the differences between the two versions of H.3496. The conference committee consisting of three Senate members and three members from the House of Representatives went to work quickly as chairman of the Joint Legislative Conference Committee Senator Larry Martin (R-Pickens) oversaw today’s discussions.

“I am just glad we are at this point and have an opportunity to produce a strong DUI reform bill,” says Senator Martin. “I think we will be able to work through the differences quickly. Everyone here wants the same thing and that is to produce a strong DUI bill for the citizens of South Carolina.”

Committee members agreed to adopt the Senate language adding the offense of driving with a blood alcohol concentration of .08% or higher to be added to the list of offenses eligible for charging a person 18 years of age or older with child endangerment when a child is in the car.

The committee also agreed to remove a provision from the bill that would require those convicted of DUI to carry increased minimum liability limits on their automotive insurance, due to technical errors in the original version of the bill. “I want it to be understood that I am all for raising the minimum liability limits, and I want us to work to find another bill that we can use to move this amendment forward,” says Senator Martin. The language currently in the bill requires minimum limits on personal property damage not common among insurance carriers.  The committee requested the language be corrected and attached to another bill germane to the matter.

The committee also began preliminary discussions on the questions that a jury must answer during a DUI case, and whether or not the initial question put to the jury should include the various levels of blood alcohol content. “I think the common objective is the same and that is to make the process for the jury as simple and straight forward as possible; not to run over anyone’s rights but to insure that the process is fair for the prosecution and the defense,” says Senator Martin.

The next Joint Legislative Conference Committee on DUI is expected to meet on Wednesday, April 2 at 9: 00 AM in the Gressette building. The debate is expected to center around the differences currently separating the House and Senate versions of the bill.

In addition to Senator Martin, the conference committee consists of Senators Jake Knotts (R-Lexington), and Brad Hutto (D-Orangeburg), as well as Representatives George Murrell Smith (R-Sumter), Scott Talley (R-Spartanburg), and David Weeks (D-Sumter).

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Quote of the Week:

“We in no way have any intent of changing our state law that says we reject REAL ID as a policy, but we do need the extension to further review what the federal government has done with the regulations. They have greatly revised them and a lot of that has come about as a result of our policy.”

Senator Larry Martin (R-Pickens) commenting on the non-binding resolution passed by the Senate on Thursday, March 20.

Senate Calls For REAL ID Extension

On Thursday, March 20, the South Carolina Senate called on Governor Mark Sanford to request an extension of compliance to the Federal REAL ID Act from the Department of Homeland Security. The Senate voted 28 to 7 to concur with a non-binding House resolution calling on the governor to request the extension that must be submitted by Monday, March 31, 2008.

Senator Larry Martin, who led the initial effort against compliance with REAL ID, supported the request for the extension, due to the changes the Department of Homeland Security has made since South Carolina first passed a state law rejecting REAL ID.

The issue is whether or not the federal government will recognize South Carolina’s driver’s licenses and state issued identification cards as valid forms of ID. The Department of Homeland Security has said that after May 11, 2008, forms of identification issued by states that have not complied with the REAL ID Act or have not requested an extension to the deadline will not be recognized, which could result in additional security screens at airports and entrances to federal buildings.

Budget Hearings Continue

Senate Finance Subcommittee budget hearings continued this week. Subcommittees holding budget hearings included: Health and Human Services, Higher Education, Natural Resources and K-12.

Next week’s subcommittee hearings will include a Higher Education Subcommittee where representatives from Clemson University are expected to testify.

Full Senate Finance Committee budget hearings are expected to begin March 31. The full Senate is expected to begin budget debate on April 15.

Common Law Marriage – Debate Continues

On Wednesday, March 19, the Senate once again picked up the debate on Common Law Marriage (H.3427), which had been placed in Adjourned Debate status. After two cloture votes failed to pass, senators agreed to remove the bill’s current Special Order status but to hold the bill in Adjourned Debate

until April 10. This provides the opportunity for the Senate to move other legislation into Special Order for debate, while keeping the matter in a priority status.

Concealed Weapons Permit Reciprocity Expanded

The state Senate, lead by the Republican Caucus, gave third reading to a measure increasing reciprocity for concealed weapons permit holders, on Thursday, March 20. The bill (H.3212) increases the number of states that will recognize South Carolina’s concealed weapons permit while allowing an additional 14 states’ permit holders to legally carry a concealed weapon in South Carolina. The bill now returns to the House.

Indigo Blue On Its Way To Becoming the Official State Color
On Tuesday, March 18, the South Carolina Senate gave third reading to a bill that would make Indigo Blue the official state color. Lauren Cunningham, a 9-year-old from Senator Ronnie Cromer’s district, first introduced the idea for a state color after studying, in her third grade class, about one of the state’s first cash crops.

Natural Resources Committee Flooded with Information on Water-Withdrawal

The Senate Agriculture and Natural Resources Committee, chaired by Senator Danny Verdin (R-Laurens), met on Wednesday, March 19, to hear presentations from stakeholders on the water-withdrawal permitting bill (S.428). Representatives from Department of Health and Environmental Control and the Department of Natural Resources offered an argument for higher minimum water flows, while business interests wanted to define a hard-floor from which future decisions about water-withdrawal will be made. Each side was given 30-minutes to state their case.

Following the presentations senators took an additional 45-minutes to ask questions to further clarified each party’s position. After more than two-hours of presentations and debate the committee adjourned, with a commitment to continue working toward an agreement.

The next regularly scheduled meeting of the Senate Agriculture and Natural Resources Committee is March 26.

Post Conviction DNA Testing Bill (S.429)
A Senate Criminal Justice System Task Force Subcommittee this week, heard testimony from Barry Scheck, a prominent attorney and co-director of The Innocence Project, concerning the Post Conviction DNA Procedures Act (S.429). Scheck told the committee that 45 states have already established laws similar to the legislation begin considered in South Carolina. Scheck also shared with the subcommittee his experiences of the last several years where DNA testing has proven to be a key element in not only exonerating those wrongly convicted but in some cases finding the true perpetrator of the crime.

S. 429 provides the framework under which someone convicted of a crime could request DNA testing of evidence and use the results of the DNA testing to go forward with efforts to prove their innocence. Upon completion of the testimony by Scheck and others, the committee voted to give the bill a favorable report as amended. The bill will now go before the full Senate Judiciary Committee, which is scheduled to meet again on Tuesday, March 25.

Spending Caps Study Committee Approves Constitutional Amendment

The Senate Spending Caps Study Committee approved language for a constitutional amendment that would limit overall state spending to an average increase of the previous ten years’ annual revenue growth rates. Available funds beyond the spending limit would be placed into a Budget Stabilization Fund not to exceed 15% of the previous year’s actual general fund revenue collections.

The study committee also approved concepts to be used in the drafting of enabling legislation to accompany the constitutional amendment. Committee members are expected to debate the legislation at next week’s meeting on Tuesday, March 25.

Sprinkler Bill Returns to Subcommittee

The Senate Labor, Commerce and Industry Committee, chaired by Senator Greg Ryberg (R-Aiken), took up the fire sprinkler bill (S.860) on Wednesday, March 19. The full LCI committee took some time to debate the report and recommendation from the subcommittee before referring it back for further study and review.

Workers’ Compensation Commissioner Confirmations Labor Intensive

The Senate Judiciary Committee held reappointment hearings for two-and-a-half hours on Tuesday, March 18. During that time the committee heard from two nominees: Avery B. Wilkerson and Andrea C. Roche. Following intense questioning from senators both nominees received a favorable recommendation from the committee. The nominations now go before the full Senate for consideration.

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