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.”

Cato, a Clemson graduate and chairman of the House Labor, Commerce and Industry Committee, added, “I was ready for a change. I have a great deal of respect for Tommy Bowden, the man, and what he did with the football program. But there was needed change to uplift the spirits of the fans, the players, the IPTAY base, etc.”

Rep. Jeff Duncan of Clinton, also a Clemson graduate, said in January that Bowden’s contract shouldn’t be renewed.

“I could have saved Clemson all that money,” he said. “I didn’t think he had the killer instinct. Tommy Bowden was a good man, but he just didn’t have the respect of the players, I don’t think.”

Sen. Larry Martin of Pickens echoed the sentiment of several lawmakers in saying that grumblings about the football team were no secret.

“It’s unfortunate,” he said. “I don’t think anybody wants to see a departure in mid-season like this. That is something they will have to live with, and I’m sure they made it based on what the impact would be of doing otherwise.”

Sen. David Thomas, a Greenville County attorney who received his law degree from the University of South Carolina, said he was a Bowden fan.

“I’m despondent,” he said. “My preference is that they would have kept him on. It’s a bad day.”

Rep. Bill Sandifer of Seneca said Clemson fans have been “extremely disappointed in the direction that the football program has taken recently.”

“It was absolutely mandatory we make a change,” he said.

However, Sandifer said the buyout clause invites scrutiny.

“I do think there has to be some accountability for why Coach Bowden’s contract was extended and increased last year,” he said. “I certainly want us to look into who ultimately made that decision and why. The buyout certainly is greater now than it was a year ago.”

Sen. John Land, a University of South Carolina graduate, called the buyout an “orange parachute for doing nothing.” He said he didn’t believe the decision for Bowden to leave in mid-season was well thought out.

“It sure is a lot of money going to somebody for not working,” he said. “We’re complaining across the country about the CEO golden parachutes. I reckon that is an orange parachute.”

Others noted that the buyout money wouldn’t come from taxpayers or from tuition.

“Unfortunately, that’s where football is in general,” Cato said. “The donor base is just going to have to pick that up. Obviously that’s not something that is paid with tax dollars.”

Martin said, “I assume the decision was made in part based on the total financial impact to the program. That’s all anyone can assume when you are talking about that kind of money.”

Joel Sawyer, spokesman for Gov. Mark Sanford, said the governor would have a problem with the buyout if any student fees were involved.

“It might not have made the best sense in the world to do a contract extension that could impact those fees when we already have some of the highest state tuition in the nation,” Sawyer said, who added that Bowden’s departure wasn’t a surprise.

“Given some of the rumblings that have been out there for the past couple of years, the actions of today are not what someone would characterize as a remote possibility,” he said.

By Tim Smith
The Greenville News
October 14, 2008

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.

DOT will start using the new contracts within the next month, McDonald said. The new law only affects new contracts, she said.

“We are being proactive,” McDonald said in an e-mail.

Contractors working for DOT to widen Interstate 26 and Dorchester Road in North Charleston could not be reached for comment Friday, but those contracts are already in place.

Joel Sawyer, Sanford’s press secretary, praised the decision.

“We’re certainly pleased that they’re implementing the policy early,” he said.

So did several lawmakers.

“Contractors who follow the law are at a disadvantage,” said Sen. Chip Campsen, R-Isle of Palms. “I applaud (Transportation Secretary) Buck Limehouse.”

“I think it’s a good move for the American worker,” said Sen. Clementa Pinckney, D-Ridgeland.

Rep. Seth Whipper, D-North Charleston, who did not support the immigration bill, said he had mixed feelings. “I think DOT is within their purview to control the conditions of their contract,” he said. “One of the things we’re reckoning with in this country is the status of illegal immigrants. To hold employers responsible is a fair way to start dealing with this problem.”

But Whipper also said, “The bill doesn’t have any measures to protect anyone from the bad consequences of racial profiling. To me it was fraught with opportunities for passions to get out of control, and that’s not a good thing for our community.”

Rep. Leon Howard, D-Columbia, chairman of the Legislative Black Caucus, was more critical.

“I don’t think this is being proactive,” Howard said. “I think this is another stumbling block to small businesses. I’m for the legislation, but small businesses need some time to get themselves acclimated.”

Diana Salazar of North Charleston, president of the Latino Association of Charleston, also said she was concerned about DOT’s move.

“To me it’s more profiling before the law is even implemented,” she said. “These folks work very hard and long hours. Everybody knows this. What’s the big concern?”

Sen. Larry Martin, R-Pickens, said Limehouse agreed to change the contracts after Martin called him earlier this week.

Martin said he called Limehouse after a man who was arrested and charged with murder turned out to be an undocumented worker driving a truck owned by a company maintaining the grass along state highways.

“In the heat of summer, that puts people’s blood at the boiling point,” Martin said. “It’s pretty obvious that some care ought to be taken with people who are doing business with the state.”

That was when Limehouse agreed to change the contracts early, Martin said.

By Dave Munday
The Post and Courier
August 2, 2008

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.”

This law in DUI terms, significantly strengthens the state’s DUI laws, toughening penalties for most first time offenses and all second and subsequent offenses, while removing community service as a sentencing option for second and subsequent offenses. In addition, the bill for the first time introduces a “tiered”; penalty system, with greater punishments for offenders who are grossly intoxicated. The bill also creates tougher penalties for refusing to take blood alcohol tests.

Most importantly, the new law removes a number of administrative loopholes that had been used in the past to give defense attorneys an advantage in court. The aim is at DUI prevention and regulation.

“This bill sends a clear message to law enforcement that we’re serious about giving them the tools they need to keep people safe,”; Gov. Sanford said. “I’d give real credit to folks like Murrell Smith in the House and Larry Martin and Shane Massey in the Senate for the way they pushed so hard to make sure this bill created meaningful penalties and got rid of the loopholes that kept law enforcement from doing their jobs. This law represents an important and very concrete step forward in making our roadways safer in South Carolina, and as a consequence improve the quality of life for all South Carolinians.”

Governor Sanford also singled out Spartanburg Solicitor Trey Gowdy for his work on the bill.

“Signing this bill makes our DUI laws more efficient and tougher,” Gowdy said. “Time will tell if these reforms are as effective as we need for them to be, and we will be watching court processes as well as fatality rates to see if meaningful improvement occurs — my hope is that it certainly will. The success in pushing this reform is a credit to the governor, and a credit to all of the citizens who have talked to their local legislators about this critical issue of public safety.”

The new law takes effect in 2009.

Staff Writer

- 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.

“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,” Skelton said. “I respect my opponent’s work ethic, but do not respect the ethics used by outside groups — particularly the lack of truth in what they were saying.”

Skelton will face Democrat Jason Gale in the November general election.

While the Skelton-Whitehurst race was tight all the way, the District 2 Senate contest between incumbent Larry Martin and challenger Mac Martin was never close. Larry Martin, who faces no opposition in November, easily won by receiving 9,859 votes to Mac Martin’s 2,442.

“It was a little more than I expected, but I’ll take it,” Larry Martin said following the final tally.

The longtime legislator, who has served in Columbia since winning a House seat in the 1970s, said he was pleased at the support he received throughout Pickens County.

“When I first ran for the House, I never expected to be doing this 30 years later,” he said. “But I’m so appreciative of the support people have given me, and I’m hopeful I can continue to justify their confidence in me.”

Though disappointed in the outcome, Mac Martin said he was glad voters had a choice.

“Democracy is not a spectator sport,” Mac Martin said. “We had a good, clean, competitive race, and the choice was there for people to make. If I didn’t participate, it would have been 100 percent for Larry.”

Despite endorsement, Rumsey’s campaign derailed

Ed Rumsey’s District 2 House campaign, which picked up steam from Gov. Mark Sanford’s May endorsement, was derailed Tuesday in an overwhelming defeat by incumbent Rep. Bill Sandifer.

Rumsey garnered 1,283 votes, while Sandifer reeled in 3,269 votes for a winning margin of roughly 72 percent.

“I think tonight says that the people of Oconee County and this district will not allow an election to be bought, no matter how much money someone spends,” Sandifer said after his win. “The people in this district are independent-minded, and not unduly influenced by a person who does not live here.”

Rumsey took criticism in Oconee for receiving thousands of dollars from purported front groups for New York City political activist Howard Rich. The often contentious debate between the two centered around the influence of outside interests in Rumsey’s campaign, versus the criticisms of Sandifer’s so-called pork barrel spending habits in the legislature.

Sandifer said his margin of victory Tuesday was the highest he’d ever had in a contest, including elections against Democrats.

“I think that is rather significant,” Sandifer said. “That is a very strong message to those who are trying to buy elections in Oconee County.”

Graham storms to victory

U.S. Senator Lindsey Graham was running away from his Republican primary challenger Buddy Witherspoon as the final ballots were being counted late Tuesday. Graham had double the votes statewide, an did even better in the Upstate where he carried Oconee County 6,300 to 1,947 and Pickens County 9,343 to 4,456.

The Democrat U.S. Senate race between Robert Conley and Michael Cone was too close to call as of press time when Conley led his opponent 62,596 to 62,191 with 36 of 45 counties reporting. In Pickens and Oconee, Conley combined for 549 votes, to 505 for Cone.

The Daily Journal / Daily Messenger
By Brett McLaughlin
June 11, 2008
Andrew Moore and Brett McLaughlin contributed to this report.

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.

###

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.

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 Governor¹s 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 Committee¹s
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 committee¹s 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.

###

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.

“I think we are very, very close,” he said.

Martin said he would try to have the committee meet today to formally adopt the changes.

Both the House and Senate versions of the bill would create a tiered system tying penalties to the driver’s blood-alcohol level and prior DUI record — the higher the blood-alcohol content and more prior offenses, the stiffer the punishment.

Under some of the proposed changes tentatively agreed upon:

• The bill would adopt the Senate version’s category language but would keep the House version’s proposed penalties, which are stiffer for first offenders at higher blood-alcohol levels.

• New breath-test machines that are modified by the State Law Enforcement Division to comply with state law would be analyzed by the National Highway Traffic Safety Administration to ensure they work properly.

• Juries in DUI trials in which higher levels of alcohol are involved would be instructed to first determine whether the defendant was guilty, and then if that happened, to make a separate finding about the level of alcohol involved based on the categories in the bill.

The conference committee Wednesday didn’t resolve differences between the versions dealing with how long a driver’s license should be suspended for drivers younger than 21 who refuse to take breath tests.

The committee earlier agreed to other proposals, such as requiring all convicted offenders to undergo alcohol or drug treatment, and dropping the requirement that offenders be given multiple Miranda warnings by officers after being stopped.

Jeff Moore, executive director of the S.C. Sheriff’s Association, said after Wednesday’s meetings he was satisfied overall with the compromises.

“Senator Martin is right: No matter what version, we’ll have a better law than what we have now,” he said.

But longtime DUI defense attorney Reese Joye of North Charleston, who attended the meetings, said lawmakers are focusing on the wrong issue. He noted that out of about 13,000 DUI arrests statewide last fiscal year, about 1,150, or less than 10 percent, were repeat offenders.

“South Carolina does not have a problem with recidivism,” he said.

Instead, Joye said, lawmakers could better prevent serious DUI accidents by requiring bar owners to carry liability policies of at least $1 million.

South Carolina in recent years has ranked near the top nationally in the rate of alcohol-related traffic deaths. Of 1,037 people killed in crashes in South Carolina in 2006, 523 — or 50 percent — died in alcohol-related wrecks, according to the most recent statistics from the National Highway Traffic Safety Administration.

Published by the State Newspaper
by Rick Brundrett
April 3, 2008

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.”

Under the agreement reached by the conference committee first time offenders could face penalties as much as $1000 or jail time of up to 90 days. Penalties on a repeat offender increases with every subsequent conviction. A second DUI conviction carries fines up to $6,500 and as much as three-years jail time. A third DUI conviction carries fines of up to $10,000 and a maximum of five years, and a fourth conviction mandates jail time of up to seven years.

“I thought it was important to put the final touches on the bill this week, so that we could get it to a vote as early as possible next week,” says Senator Martin.

The conference report must be approved by both the House and Senate before heading 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.

###