THE SOUTH CAROLINA SENATE REPUBLICAN CAUCUS

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.
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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.” (more…)

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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