Senate Summary - Week 09 - March 04 - 06, 2008
Filed Under Issues, Top News, Peeler
Quote of the Week: “We have a great opportunity to make the South Carolina DUI law one of the toughest laws in the country. This bill will send the strongest message yet to the general public that DUI will not be tolerated in this state.”
Senator Larry Martin (R-Pickens) commenting on the DUI Reform Bill (H. 3496)
ID Theft Bill One of Toughest in Nation
The Financial Identity Fraud and Identity Theft Protection Act (S.453) sponsored by Senator David Thomas (R-Greenville), gained final approval on Tuesday, March 4, giving South Carolina residents greater protections against this devastating crime.
Highlights of the bill include a consumer’s ability to: place, remove, reinstate or temporarily lift a security freeze on their credit report; have erroneous information removed from credit report; file a police-report if they become victims of identity theft; and have expunged from their record any crimes committed under their name by an identity thief. The bill also outlines how someone’s personally identifiable information can be used and how it must be destroyed.
After ratification the bill will move to the Governor’s desk.
Budget Hearings Continue
Senate Finance Subcommittee budget hearings continued this week. Natural Resources, K-12 Education, and Health and Human Services, were among the subcommittees holding hearings this week.
Senate subcommittee budget hearings are expected to continue over the next two weeks with full Senate Finance Committee budget hearings expected to begin around the first week of April.
Carolina HealthNet Moves Out of Subcommittee
South Carolina’s uninsured may soon have a new opportunity to secure health coverage. Senator David Thomas (R-Greenville) held two subcommittee meetings this week to work on (S.1129) the “Carolina HealthNet” Plan.
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.
The subcommittee gave the bill a favorable report with amendments. The bill now goes back before the full Senate Banking and Insurance Committee, where it is expected to be moved on to the full Senate.
Common Law Marriage - To Be Or Not To Be
The Senate, as a matter of Special Order, began debate on H.3427 a bill that would eliminate common law marriages. Senators Luke Rankin (R-Horry) and Larry Martin (R-Pickens) debated the bill at length on Thursday and the Senate adjourned with Senator Rankin retaining the floor when the Senate reconvenes on Tuesday, March 11, 2008.
DUI Reform Heads to Conference Committee
The South Carolina Senate voted on Wednesday, March 5, to nonconcur with the latest House amendments to the DUI Reform Bill (H.3496). Senators want a chance to further review the final House version to make sure no key provisions were removed. The Senate’s action sends the bill to a Joint Legislative Conference Committee where a final reconciliation of the bill is expected to come quickly.
Immigration Reform Conference Committee Begins Work
The Joint Legislative Conference Committee on the Illegal Immigration Reform Act (S.392) began hammering out the differences between the two bills this week. The committee’s first meeting on Tuesday, March 4, was mostly organizational work with committee members setting a calendar and receiving briefing on the technical and substantive differences between the bills. The committee’s next meeting is scheduled for Tuesday, March 11.
Judiciary Committee Meeting Produces List of Legislation Headed to Full Senate
S. 80 - Passed as amended - Property owners not liable for injuries of person unlawfully on property.
S. 490 - Passed as amended - Limits the state’s liability of awarded attorney’s fees to a reasonable hourly rate.
S. 500 - Passed as amended - Allows law enforcement agencies the ability to exchange information about officers applying with a new agency.
S. 577 - Passed - Provides for enhanced penalties for all assault and batteries against sports officials and coaches.
S. 833 - Passed as amended - Prohibits the cruel restraining of a dog.
S. 967 - Passed as amended - Constitutional Amendment - Provides that a raffle conducted not more than four times a year by a tax-exempt organization is not a lottery by the Constitution of this State. Must be approved by voters. Could be on ballot in November.
S.1055 - Passed as amended - Constitutional Amendment - Prohibiting bail for those who violate conditions of release. Must be approved by voters. Could be on ballot in November.
S.1151 - Passed - Statutory legislation to accompany S. 967
All bills “passed” or “passed as amended” where given a favorable report by the Senate Judiciary Committee and were placed on the Senate calendar for consideration. On Thursday, March 6, Senate bills 500 and 577 received Second Reading; all other bills listed above remain on the Senate calendar.
Alcohol Monitoring Bracelet
Senator Mike Fair (R- Greenville), by way of Special Order, moved S.333 to the top of the Senate calendar. For judges who require multiple DUI offenders to abstain from alcohol consumption, this bill allows the use of monitoring technology to ensure that the offenders adhere to that condition of their probation. After a short debate the bill was amended and received Second Reading.
A bracelet monitor analyzes the alcohol content in trace amounts of sweat found on the skin. Those ordered by a judge to wear the bracelet would be required to abstain from alcohol consumption for a period of 30-60 days. The bill also allows the use of “on-demand” monitors, which are similar to Breathalyzer machines. The bill is expected to receive Third Reading next week.
Spending Caps Study Committee to Recommend Budget Stabilization Fund
The Senate Spending Caps Study Committee met on Wednesday, March 5, and heard testimony from Dr. Bill Gillespie, South Carolina’s chief economist. Dr. Gillespie presented several scenarios of how a budget stabilization fund, used to smooth state revenue fluctuations, would have impacted the state over the last 10 years.
Study committee members asked Senate counsel to begin drafting language for a Constitutional Amendment and a statutory bill that includes language establishing a budget stabilization fund. Details on the fund are expected to be the topic of discussion at the study committee’s next meeting.
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