Category Archives: Legislature

Ted Vick makes the Daily Mail

Yes, the Daily Mail, as in the one in London — the one in “Paperback Writer,” for my fellow Boomers.article-2325324-19CE5AD1000005DC-443_306x366

Imagine my surprise. I just this morning loaded the Daily Mail app onto my iPod, and this was one of the first stories to pop up, right there on the main U.S. news page.

And why on Earth would an arrest of a South Carolina lawmaker be worth a headline in such a venue? I think maybe it was Todd Rutherford’s explanation about the rock in his shoe. They even squeezed that into the hed, “South Carolina Democrat arrested for second DUI in a year but blames ‘impairment’ on rock in his shoe.” An excerpt:

A South Carolina state representative has been arrested for his second DUI in less than a year despite claims by his attorney that his perceived impairment was because of a rock in his shoe.

State Rep. Ted Vick, D-Chesterfield, was arrested on the Statehouse grounds around 11 p.m. Tuesday by the Bureau of Protective Services, according to Department of Public Safety spokeswoman Sherri Iacobelli.

An officer followed Vick after seeing him stumbling as he walked into a parking garage in Columbia. Vick got into his car and hit a cone before the officer could catch up and ask him to stop…

But Vick’s lawyer, fellow Rep. Todd Rutherford, said Vick was not impaired.

Vick was walking funny because he had a rock in his shoe, said Rutherford, D-Columbia…

James Smith gets way harsh on Nikki Haley

From Rep. James Smith’s Facebook page:

If SC had seen genuine ethics reform previously and had an ethics committee with any teeth, Nikki Haley would likely have been forced out of the House and never would have made it to the Governor’s office. Her actions and the culture of corruption continue to bring shame on SC and the people of our state deserve better.

Coming from such a nice, easygoing, mild-talking guy as James Smith, that is way harsh. Especially that last sentence.

That’s the kind of stuff his neighbor Mia McLeod would say. We can see this, I suppose, as a heating-up of rhetoric as James’ friend Vincent Sheheen prepares to take on the governor. But I think it’s also a measure of the degree to which James, mild-mannered as he is, is fed up.

Anyway, for context, here’s this morning’s story in The State about the ethics bill.

Sheheen decries decriminalization of ethics violations

Got this release a few minutes ago from Vincent Sheheen:

Sheheen on Ethics Reform: GOP efforts & Governor’s back-seat approach the “good-old-boys-and-girls network at its worst”

Columbia – Today, state Representatives Beth Bernstein and James Smith stood up to call for real ethics reform and urged Governor Haley for leadership instead of hiding behind yet another bureaucratic commission while her followers do the dirty work of decriminalizing some of the most common ethics violations – many of which she was accused of herself. State Senator Vincent Sheheen released this statement:

“I thank Representatives Bernstein and Smith for joining me in the revolt against the status quo and the efforts to move South Carolina forward by returning common sense and ethics to our leadership. The Republican effort at ‘ethics reform’ is the good-old-boys–and-girls network in politics at its worst. We need real leadership to clean up the government, not just a study or report while members of the Governor’s own party decrease the punishment on ethics violations that she has been charged with.

“For too long, South Carolina has struggled to meet its potential under the guidance of leaders who get detoured by putting their self-interest before the interests of the people.  We need to change the way we do business and leave the politics of ideology and personal ambition behind to get the state back on track.”

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I just wish he wouldn’t use that overworked “good ol’ boys” construction. That got tired back when Carroll Campbell was using it. I don’t think anybody really knows what it means, aside from having a rough impression that it’s bad.

Here’s a column I wrote musing about the phrase years ago…

And here’s a column Cindi Scoppe wrote on this “ethics” legislation. An excerpt:

After failing for more than half the session even to introduce their proposal on legislators’ top to-do item, House leaders rolled out a place-holder bill on April 11 that contained nothing but the bill title. They scheduled a subcommittee meeting for the next legislative day, last Tuesday, where House Republican Leader Bruce Bannister, who chairs the Constitutional Law Subcommittee, handed members of his panel a summary and a 100-page amendment that would become the bill.

Panel members discussed the items on the summary — decriminalization was not on the list — made some changes and approved the bill before they had a chance to read it. (It took me nearly three hours to do what I consider a cursory reading.) The process repeated the next day in the full Judiciary Committee, whose members also made changes without having time to read the bill. The text of the bill wasn’t posted online until Thursday evening, seven hours after the committee formally reported it to the House.

Although it’s common for the amended version of a bill not to be available until the next step in the process, I can’t recall a bill ever making it to full committee, much less the full House, before some version was available.

The process was so confusing that Rep. James Smith, a Democrat who serves on the subcommittee, told me Thursday morning that the bill increased penalties for the worst ethics violations. The next day, he called to say he was outraged to discover he was wrong — and to promise to lead a fight to restore them. GOP Rep. Rick Quinn, who also serves on the subcommittee, emailed me an amendment he planned to offer that would do what both men had thought the bill did — increase the current criminal penalties…

Yeah, I had spoken with James, last Tuesday night I think it was, when he was fresh from the meeting alluded to above, and he thought it was a good bill. It’s a good thing that he recognized his mistake…

Thoughts on the Boeing expansion?

dreamliner

This release from the state Senate GOP…

Boeing has been an incredibly [sic] partner for us as a state. Despite labor unions’ early attempt to interfere with their presence here, Boeing is already creating jobs for over a thousand South Carolinians, with a multiplier effect that touches every part of our state.

 

We overwhelming passed a bill this week that gives Boeing the tools they need to create another 2,000 jobs here. You read that right…ANOTHER 2,000 jobs, and nearly a $1 billion more in capital investment.

 

It’s a great day for South Carolina not only because of the impact these jobs will have in people’s lives, but also because it solidifies our state’s reputation as a go-to destination for world-class manufacturing…

… got me to thinking I should start a thread on this major new industrial investment by our state. This thing’s moving through the Legislature pretty quickly, so don’t type too slowly if you have something to say. A quick summary of the situation from The State:

The S.C. Senate gave final approval Thursday to $120 million in state bonds, two days after the aircraft maker said it would add 2,000 jobs and $1 billion in investment at its North Charleston Dreamliner 787 jet plant. Boeing must meet those employment and investment goals by 2020 as part of the incentive agreement.

Meanwhile, the state House agreed Thursday to fast-track the incentives bill and begin floor debate Tuesday, Speaker Bobby Harrell’s office said…

“We have made a commitment to Boeing and our state keeps its word, particularly when it comes to economic development,” said Harrell, R-Charleston. “This is a good investment for our entire state that will create exciting new opportunities for our citizens and provide our state with huge returns.”…

The 15-year, state-backed bonds would pay for a 320-acre site next to Boeing’s plant at Charleston International Airport and to prepare the property for expansion. The money would not pay for new buildings, state officials said. 

 

I heartily disagree with Mia on food stamps and junk food

Here’s the latest from Mia McLeod:

 Dear Governor,


Seriously? Can you just “SNAP” and in an instant, delete certain foods from some South Carolinians’ grocery lists?

Sure, obesity is a genuine, significant health concern for too many people in this state. But that’s not why you’ve made a recent “SNAP” decision. You know it. We know it. And soon, citizens across this state will know it too.
Contrary to South Carolina’s definition, “SNAP” doesn’t mean “Simply Nonchalant About the Poor.” It’s actually a federal program, fully funded by the USDA. Now, isn’t it ironic that our state’s most notorious critics of “BIG” government, are arrogantly hypocritical enough to assume the despicable role of “BIG Brother” when it’s politically expedient?Mia leopard jacket

As asinine as this latest stunt is, it’s even more offensive. Targeting a segment of the population in furtherance of your own political agenda is one thing. Refusing to allow federally-funded healthcare for hard-working South Carolinians while in the same breath, expressing concern about obesity and its impact on their health and well-being, is another.

You don’t want the federal government telling us whether to accept or how to spend our federal tax dollars when a state match or financial investment is required. But yet, you wanna dictate which foods we can buy with SNAP, a fully-funded federal program that doesn’t even require state funds?

The list of qualifying items that can be purchased with SNAP is very straight-forward. As with any program, there’s always room for improvement. But last time we checked, you were able to make nutritional decisions for your family without our intrusion or input. We’re just wondering why you think we need yours.

And since your cronies are traveling the state at our expense, trying to convince us that this is about obesity prevention, perhaps we’ll remember your “heartfelt” concern on our next nonemergency trip to the ER…if we can even find and get to a hospital that’s still open and accessible.

With all due respect, Governor, when it comes to obesity, it’s not the foods that we’re able to buy on SNAP that are making us fat. Perhaps it’s your empty rhetoric that’s making us sick.

If you really cared about this state’s obesity rates or us, you’d do what is well within your purview and power to ensure that we have access to quality, affordable health care, just like you do.

You’d realize that some of us would love to eat the same fresh and organic foods that your family enjoys, but because of “food deserts” across this state, many of us are without the means or access. If you’re genuinely concerned about addressing obesity, you could start by addressing that.

If only we could “SNAP” back from the regressive, debilitating tactics of centuries past, we’d all feel much better. So while South Carolina continues to reek of ignorance, intolerance and insanity, many of our best and brightest continue to leave this state in search of parity, inclusion and meaningful opportunities.

But unlike obesity and other chronic conditions, many never return. Neighboring states too often become the benefactors of our most creative minds and talented contributors. And we’re left with a weaker South Carolina.

So as you continue to cater to your political base by serving folks like us up on a party platter, the only thing that seems to be getting fatter is your reelection campaign account.

At some point, obesity may no longer be an issue for South Carolina. Under your “leadership,” our state is gradually becoming so malnourished on so many levels, it may not be strong enough to “SNAP” out of it.

But you still can, Governor, before it’s too late.

p.s. – South Carolina’s forgotten citizens (a.k.a. – your “other” constituents) may not be members of the Tea Party. But in number, we’re “the real majority.”

She really doesn’t like the idea, does she?

Well, I do. Still. So I guess I’m playing the “despicable role of Big Brother.”

Yes, there are reasons to be concerned about people who live in “food deserts.” I don’t dismiss that, and I can’t say for certain that the stores that now sell junk food in those communities would shift and sell healthier stuff if that’s all their poor patrons could buy. I think that might happen, but I don’t have the full faith in markets that some do.

So that should be thoroughly studied and taken into account before a final decision is made. But I most certainly do not agree with those who have a philosophical, rather than practical, objection to insisting that tax money not be used to buy foods that ruin the health of the poor.

The populists will call this patriarchal, but we are indeed in a position for taking responsibility for people when we undertake to feed them. We are culpable for providing people with the means of poisoning themselves when we could adopt a policy that prevents it.

When we discussed this previously, my old friend and respected colleague Burl Burlingame noted, “when the government wants to experiment, they do so first on the poor.” That may seem a particularly devastating argument against this change. But I submit that we have been running the experiment for half a century now, and the results are in: Paying for junk food kills poor people. It’s time we stop it, and do what we practically can to have a positive, rather than an actively negative, effect on people’s health.

Cindi Scoppe’s righteous rant this morning

Cindi had a column this morning on the new post of cybersecurity chief that the Legislature is adding to the state payroll (maybe the title could be, “Officer in Charge of Closing the Barn Door after the Horses have Run Off”) — or rather, on the outrageous fact that they want this person to be immune from firing by the governor.

As she correctly points out, we have too many state employees like that already — people who don’t really “work for” anyone, since no one can fire them.

There is zero reason to make this particular person independent — unlike, say, the attorney general or the inspector general. Arguments can be made for those. Not for this new post.

Cindi and I have been fighting the Legislature’s aversion to accountability for a lot of years now. So she can be forgiven for winding up into a bit of a rant at the end:

Frankly, I’m willing to trust that politics will keep the governor in line on this one. It’s tough enough for a governor to have to explain that 6.4 million individuals’ and businesses’ Social Security numbers and bank records were hacked because her agency director either didn’t know about or ignored concerns from his own IT people. She certainly doesn’t want to have to explain that we had another breach because she fired the state cybersecurity chief, or cowed him into backing off basic protections.

Truth be told, I’d be more concerned that a governor wouldn’t be aggressive enough if a cybersecurity chief gets out of control.

As much as some legislators are fond of saying that no price is too high to secure our personal information, the fact is that there is always, always more that can be done to provide security, be it for our computer networks or our cities or our businesses or our homes. The fact is that some prices are indeed too high, and it’s the job of our Legislature and our governor, or whoever a cybersecurity director reports to, to balance the risk against the cost, in money and in time.

If you’re going to give union-style job protections to the cybersecurity chief, then why not give them to the governor’s lobbyists — since she might not like it if they tell her that legislators don’t like her? Or to the prison director — since she might not like it if he tells her how much it’s going to cost to keep the prisons safe?

In fact, why not just go back to the way we did things when I moved to South Carolina, when the governor couldn’t fire the directors of any state agencies? When those directors reported to part-time board members who, even if the governor could appoint them, couldn’t be fired.

For that matter, if S.C. governors are that untrustworthy, maybe we ought to go back to the old system whereby the Legislature elected the governor. After all, what’s the point of bothering voters with the matter of electing a governor if the governor has no power to carry out the agenda those voters elected her to carry out?

Or maybe, just maybe, we could decide that government officials should be held accountable for their actions. Maybe we could decide that it’s better to trust that a governor won’t abuse her power over powerful officials than it is to risk that those officials will either get too comfortable in their jobs or else let their power go to their heads, and be less aggressive, or more aggressive, than they ought to be, because they don’t have a boss — and they know they’ve got a job for life.

Amen to all that.

Smith: Anti-Obamacare witness transported on state plane

Here’s an interesting release that just came in:

Rep. James Smith Responds to Use of State Plane by Right-Wing Radio Host

 

Today, some members of the South Carolina General Assembly learned that one of only two people to testify in favor of H.3101, otherwise known as the Obamacare Nullification Bill, at today’s subcommittee hearing, was given special travel arrangements by being flown to Columbia from Washington, DC on Palmetto 2, a state airplane.  Dr. Walter Williams, a professor at George Mason University and popular right-wing radio host, gave testimony in favor of H.3101 today in Columbia after his taxpayer funded flight was authorized by Spartanburg State Representative, and lead sponsor of H.3101, Bill Chumley. The other person testifying in favor of the bill was a prominent Tea Party activist Kent Masterson Brown, who admitted he was paid $7500 to testify.

Representative James Smith, a member of the House Judiciary Subcommittee on Constitutional Laws, released the following statement in response:

“This is the height of hypocrisy and politics at its worst.  For taxpayers to be forced to foot the bill so that an out-of-state political zealot can push his extreme agenda is not only a dereliction of his duties as a public servant, it is just fundamentally wrong.  During his testimony, Dr. Walter Williams espoused the abuses of government spending and intrusion while engaging in precisely the same behavior.  While we work to make health care more affordable and accessible to our citizens, Representative Bill Chumley, would rather frivolously spend tax dollars to fly Tea Party ideologues down to South Carolina on the state airplane. I call on Representative Chumley to immediately reimburse the taxpayers for his reckless and irresponsible decision to spend tax dollars to promote his own extreme Tea party agenda.”

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Gee, I didn’t even know that a single member of the Legislature could authorize something like that…

‘It is good politics to oppose the black guy in the White House…’

Somehow I missed this when it was in the Charleston Business Review way back in January — until Burl, all the way from Hawaii, brought it to our attention today:

Rep. Kris Crawford, a Republican from Florence and also an emergency room doctor, supports the expansion but expects the Republican caucus to vote as a block against the Medicaid expansion.

“The politics are going to overwhelm the policy. It is good politics to oppose the black guy in the White House right now, especially for the Republican Party,” Crawford said.

Well, he certainly pegged that. The House did indeed do the totally irrational thing and reject Medicaid. Which makes this prophetic statement from a GOP lawmaker — and you did notice the part about him being a Republican, right? — particularly noteworthy.

Why is he so out of step with his caucus? Because he’s a doctor, so he knows better.

That’s chapter one of our story. Chapter two is that this week, Rep. Crawford fulfilled his own prophecy by voting along with his party on the issue. But then, so did all but one Democrat:

Crawford voted against accepting the money on Wednesday because it was proposed as part of the state’s budget — which he says is not the right place to do it. Instead, he wants to propose separate legislation later this year, and he worried that if he voted with the Democrats on the budget none of his Republican colleagues would support him…

Meanwhile, Dick Harpootlian has castigated Crawford for the wrong thing, referring to his “the racist and inexcusable comments by Rep. Kris Crawford regarding Medicaid expansion.

I tend to agree with Todd Rutherford, who said, “I am never bothered by someone stating the truth.”

Meanwhile, Crawford has baked down on the more inflammatory part of his comment, but not on the general thrust:

In an interview on Thursday, Crawford said his vote on the state budget was political, but said it had nothing to do with race — noting that if he had to do it over again, he “might pick different words.” But he stood behind the larger point of his comments, criticizing Haley and the House Republican Caucus for voting against the expansion purely because a Democratic president is for it.

Mia McLeod on Medicaid expansion in SC

Speaking of people who sort of seem like they’re running for higher office, here’s the latest missive from Mia McLeod:

Well…ladies & gentlemen, it’s time to “weigh-in.” And unlike her Republican counterparts in New Jersey, Florida, Arizona, Nevada, Ohio, New Mexico, North Dakota and Michigan, your Governor is once again “flexing” her Tea Party muscles and refusing to support healthcare coverage for uninsured South Carolinians.Mia_leopard_jacket_1_217670

So what separates her from a growing list of anti-Obama Governors who have recently decided to expand Medicaid in other states? Common sense and compassion, for starters.
And if South Carolina refuses to expand healthcare coverage, here’s a glimpse of the impact on hard-working folks like you:

Higher medical costs – as the uninsured forego preventive care and are forced to seek medical care in the emergency room, hospitals will be forced to shift those costs to insured individuals and employers.
Less independence – as our seniors, veterans and disabled citizens forfeit access to home health and other medical care, it’ll be extremely difficult for them to lead independent lives.
Fewer options – as our state refuses federal funding to the tune of 100% for the first 3 years, neighboring states will gladly accept and use our federal tax dollars to cover their uninsured.
Poor quality of life – as hard-working folks forfeit medical care they need to live longer, healthier lives, our state misses opportunities to be more proactive, productive and economically sound.

But this is South Carolina. Obviously, expanding Medicaid makes sense, but don’t take my word for it. Here’s what Republican Governors (in other states, of course) are saying…

“No mother or father should despair over whether or not they can afford — or access — the health care their child needs. Quality health care services must be accessible and affordable for all — not just those in certain zip codes or tax brackets,” said outspoken Obamacare critic and Florida Governor, Rick Scott, as he reflected on the death of his mother and her struggle to raise five children with little money, while worrying constantly about having family health coverage.

Arizona Governor Jan Brewer also made national headlines when she supported Medicaid expansion, acknowledging that it would lessen the impact of uncompensated care that drives up medical costs to hospitals and taxpayers.

New Jersey Governor Chris Christie has said, “Let me be clear, I’m no fan of the Affordable Care Act…” but it’s “now the law of the land,” acknowledging that rejecting it would mean that New Jersey’s tax dollars will be spent elsewhere.

While Nevada Governor Brian Sandoval was the first Republican governor to officially embrace Medicaid expansion, his decision seemed to be based primarily upon the recognition that it wouldn’t be wise to forego an infusion of federal dollars into his state’s economy.

The same is true for South Carolina. Are you listening, Governor Haley? (Oops! rhetorical question…)

Expanding healthcare coverage to people who can’t otherwise afford it should be a no-brainer. States can opt-in or out at anytime, “risk-free” for the first 3 years. That’s an offer Republican Governors across the nation believe is too good to refuse, because while expanding healthcare coverage is voluntary, picking up the tab for the uninsured, isn’t.

Our Governor has said that SC can’t afford to expand Medicaid. With 100% federal funding for the first 3 years and 90% thereafter, how can we afford not to? It creates over 40,000 jobs, covers over 250,000 uninsured South Carolinians, infuses our state’s economy and improves our quality of life and health.

So while she focuses on restricting foods purchased using federally funded programs like WIC and SNAP (in the name of obesity prevention) or “disease” designations for obesity, here’s an idea…

Let’s expand healthcare coverage so that South Carolinians who struggle with obesity and other medical conditions can get quality, affordable healthcare that focuses on prevention and treatment to help them live longer, healthier, more productive lives.

This isn’t a partisan issue. We all want the strongest military, the best schools, quality, affordable health care, meaningful job opportunities and the ability to live, work and age with dignity. Part of government’s role is to help ensure that every citizen has access to healthcare because a healthier population is a huge, proactive step towards a stronger workforce and business community, improved quality of life and more vibrant economy.

South Carolina is only as strong as its weakest. If our state’s leaders lack the collective compassion and courage to expand healthcare coverage to “the least of these,” the biggest losers won’t just be the uninsured. South Carolinians, insured and uninsured, will pay the ultimate price. Our state will be the biggest loser. But wait…isn’t that what we’ve been since we elected her 3 years ago?

Governor Haley was elected to represent all of us. The sooner she and her party’s leaders “swallow that pill,” the healthier we’ll all be…

SC Dems and Medicaid expansion: Why is common sense a minority position in SC?

dems2

You may have read Adam Beam’s story in The State over the weekend about SC House Democrat’s proposal to at least take the three years of free Medicaid expansion that the Feds are offering:

COLUMBIA — Imagine someone offered to give you $4.1 billion over three years, and if you did not take it, your neighbors would get the money instead.

That is the situation South Carolina is in with the federal government, according to S.C. House Democrats who are pushing for the state to expand Medicaid – the joint federal-state health insurance program for the poor and disabled.

The money is not really free, Republicans counter. After three years, South Carolina would have to start paying part of the cost of expanding Medicaid – anywhere from $613 million to $1.9 billion by 2020 – depending on a number of variables.

That’s why Monday, the day that the S.C. House begins debating the state’s $22.7 billion budget, Democratic lawmakers are going to propose an amendment that would accept federal money for the first three years of the Medicaid expansion – when the feds would pay 100 percent of the cost – and, then, automatically end the expanded program…

Well, today, the House Dems held a press conference to talk further about their proposal. The reasons were the usual: It makes no sense to turn down something that won’t cost the state anything for three years, especially when it addresses a critical need. It makes no sense for those of us who have insurance to be paying more to underwrite the most expensive kind of care for people who don’t have coverage. And of course, they hit the angle that it’s the decent, moral, compassionate thing to do.

As for the claim that expansion will cost a couple of billion by 2020, the Dems expressed polite contempt for journalists who would pass that on without investigating its veracity. Gilda Cobb-Hunter called the claim “specious at best.”

I’ll let the number-crunchers sort that out. My point in writing about this is to say that everything the Democrats said today not only made perfect sense, but should be perfectly obvious.

And I have to wonder — why has such a common-sense proposal become a minority position in South Carolina? Because don’t fool yourselves — SC Democrats have little chance of having their way.

Four years ago, the Republican leadership in the General Assembly thought Mark Sanford had lost his mind when he wanted to let stimulus money that was going to be spent anyway be spent elsewhere instead of in South Carolina. And they were right.

Now, the standard GOP position is to turn down this program, just because it has the name “Obama” attached to it.

What’s wrong with us in South Carolina?

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I’ll take piecemeal reform over none at all, Vincent

I see that the bill to have the governor appoint the state superintendent of education — or rather, to have a referendum so voters can make that constitutional change — is coming along in the Senate, but Vincent Sheheen isn’t satisfied:

Sen. Vincent Sheheen, D-Kershaw, wants to abolish two constitutional officers, the Secretary of State and the Comptroller General, while allowing the governor to appoint two others: the Adjutant General and the Commissioner of Agriculture.

“It doesn’t make sense to do piecemeal reform,” Sheheen said Thursday, after the Senate gave the bill second reading by voice vote only, agreeing to take up the proposed amendments at the next reading…

Well, I’m not satisfied with just doing the superintendent reform, either. Every one of those other changes should have been made long, long ago, starting with the adjutant general. Of all the strange cases of separately electing officials in SC, that one is the most bizarre.

But… since I’ve waited so many years already, I would not demand that we hold up the superintendent bill, if we can pass that, to wait on the others. That’s because several years ago, opponents of reform used the fact that all the constitutional officers were under consideration to pull a fast one. Each defender of the status quo voted for some of the changes and not others, with the precise offices being voted against varying from senator to senator. That way all of them could say they voted for reform, but each office came up short of the two-thirds majority needed. So we got no reform.

Yes, we should approved all of this changes, and do it not just today, but 20, 30, 60 years ago. But if we can get one of them done, let’s do it. Let’s do even if we know that there is so much support for the governor appointing the superintendent mainly because Republicans believe they will usually win the governor’s office, but might lose the superintendent’s.

Let’s just take a step in the right direction. Because this fragmentation of government has never served us well.

Legislative view from a House Democrat

Bernstein

The other day I gave y’all the Senate GOP’s report on last week’s activities. For another view, here is what one House Democrat, Beth Bernstein, sent out to her constitutuents:

Dear Friends and Neighbors:

Here is my Legislative Update for the month of February.  The House made progress on a number of important issues this month.  Here are some highlights.  As always, I am interested in hearing your thoughts and concerns on the issues.

Thank you for the honor and privilege of serving you in the South Carolina House of Representatives.

Best regards,
Beth

HOUSE WEEK IN REVIEW
February 8, 2013

Investing in Cyber-Security
A bill, H.3528, was introduced that would establish a new state agency, the Department of Information Security, to provide a comprehensive framework for ensuring the effectiveness of information security controls over information resources that support state operations and assets. The bill was referred to the Judiciary Committee.

Shortening Legislative Session
A bill, H.3340, that shortens the South Carolina General Assembly’s legislative session passed the House. Under this law, instead of beginning the second Tuesday in January, session would begin the second Tuesday in February. It would also require the General Assembly to adjourn Sine Die no later than the first Thursday in May. The bill was sent to the Senate.

Clarifying Role of Solicitors
A bill, H.3247, clarifies the role of the circuit solicitors in the administration of the General Sessions court docket and provides that this ability to administer the docket shall not interfere with the court’s ability to protect a litigant’s rights. The bill passed the House and was sent to the Senate.

Protecting a Child’s Due Process Rights
A bill, H.3520, was introduced that prohibits a child’s parent or guardian from waiving the child’s right to counsel when the Family Court proceeding may result in the detention or confinement of the child. The bill was referred to the Judiciary Committee.

HOUSE WEEK IN REVIEW
February 11, 2013
 -  FURLOUGH

HOUSE WEEK IN REVIEW
February 22, 2013

Keeping Guns Out of the Hands of the Mentally Ill
A bill, H.3560, was introduced to require South Carolina to report people adjudicated by the courts for mental illness to the FBI’s National Instant Criminal Background Check System in order to prohibit them from obtaining a firearm legally. The bill was referred to the Judiciary Committee.

Privatizing the State Lottery
A bill, H.3555, was introduced to streamline state government and save taxpayer dollars by hiring a private contractor to organize and conduct the South Carolina Education Lottery. The bill was referred to the Judiciary Committee.

Government Restructuring
A bill, H.3541, was introduced to amend the South Carolina Constitution in order to make the office of Adjutant General an appointed position by the Governor, instead of being popularly elected by the voters. The bill was referred to the Judiciary Committee.

Hate Crimes Legislation
A bill, H.3589, was introduced that provides a penalty for anyone convicted of a crime with the intent to assault, intimidate, or threaten a person based on their race, gender, religion, age, national origin, or sexual orientation. The bill was referred to the Judiciary Committee. 

HOUSE WEEK IN REVIEW
February 25, 2013

The business of the House continued during this week with a few noteworthy events, and a great deal of committee and subcommittee work.  

Closing out Black History Month with Activism:
On the State House grounds Tuesday, The South Carolina NAACP held its 2013 Legislative Day, including a press conference voicing support for Section 5 of the Voting Rights Act, which requires any changes in voting laws in certain states to be pre-cleared by the United States Justice Department. The Voting Rights Act is currently being reviewed by the United States Supreme Court.

Increasing Flexibility in the Budget:
This week, the House approved and sent the Senate H.3501, a joint resolution that suspends the statutory requirement for including 4.5% of the previous year’s state General Fund in the Local Government Fund for the next two budget years.  Under this measure, counties would be authorized to transfer among appropriated state revenues, as needed, to ensure the delivery of services.  Democrats opposed the measure due to the fact that it would shift a revenue burden onto local governments and municipalities.

Making Infrastructure Investments:
A bill, H.3412, that requires all revenue produced by car taxes in South Carolina must be credited to the state non-federal aid highway fund for road projects, passed the House.

Restructuring the Department of Insurance:
A bill, H.3642, was introduced to popularly elect the Director of the Department on Insurance in South Carolina. Currently, the Governor appoints the Director. The bill was referred to the Judiciary Committee.

Ensuring Healthy School Lunches:
A bill, H.3726, was introduced to ban certain junk foods from public school lunch programs and vending machines. The bill was referred to the Education and Public Works Committee.

The weekly update from SC Senate Republicans

Wesley Donehue sends out these reports on behalf of the SC Senate Republicans every week:

It was an eventful week in the Senate. Here are some things you may have missed:
bill that will enforce tougher DUI laws was passed this week. The bill will require drivers convicted of a first-offense DUI with a blood alcohol level of .12 or above to install ignition interlocks on their cars.
The budget subcommittees started work this week, hearing from agencies, as we begin crafting a budget.
The Finance Committee discussed a bill, S.163, that will increase the incentives for motion pictures made in South Carolina. They also discussed a bill, S.237, that will require the lowering of flags atop the State Capitol Building when a military serviceman is killed in the line of duty. The bill will ensure that the state honors our servicemen and women who have made the ultimate sacrifice in a dignified manner.
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If y’all would like me to, I could start passing them on to y’all regularly. Sure, it’s from a partisan point of view, but it does provide a way of keeping up with some of what’s going on over there. And the links to the bills are handy…

Fortunately, the DOA bill wasn’t (DOA, that is)

One morning last month, I ran into Nikki Setzler at the Cap City Club, and asked him what was happening over in the Senate that day.

One of the things he mentioned in answering me was that they’d be working on “DOA.” I asked what that was, since to me that meant “Dead on Arrival.” He said it was the Department of Administration bill, which would replace the Budget and Control Board with an actual executive agency answering to the governor.

As acronyms go, that one was appropriate, since the proposal has indeed been DOA in the Senate, year after year.

But now, only five years after Vincent Sheheen introduced the proposal in the Senate, and a full 21 years after we started pushing hard to get rid of the B&CB at The State, senators have sent a bill to the House. This is from a release from the Senate GOP caucus:

On Thursday, the Department of Administration bill was passed. The bill will eliminate the powerful state Budget and Control Board and create a Department of Administration answering directly to the governor. The bill will also create a State Fiscal Accountability Authority made up of the Governor, Comptroller General, Treasurer, Ways and Means Chairman, and Senate Finance Chairman. Deficit Recognition will now be handled by the General Assembly, when in session, and a new Legislative Services Agency will now be responsible for all fiscal and revenue impact statements. In addition, the bill will create a Rural Infrastructure Authority, which will assist rural counties and local governments to improve their infrastructure to help attract economic development. Senate Republican Majority Whip Shane Massey, who led GOP efforts on the Senate version of the bill, is urging the House to take it up and pass it as soon as possible…

I’m not sure I like the sound of all of that, but it sounds to me like a step in the right direction. And such steps are rare in the SC Senate.

Common Cause lauds Courson for ethics stance

Common-Cause-Award-2.21.131

I initially missed this release when it came in yesterday.

Back during the recent election, some in the blogosphere tried to paint John Courson as ethically challenged, citing an instance of alleged nepotism.

It seems that the watchdog group Common Cause doesn’t agree with that assessment:

Common Cause Award Presented to Senator John Courson
Columbia, SC – February 22, 2013 - President Pro Tempore John Courson was yesterday presented with an award from Common Cause for “Outstanding Career Leadership in Promoting Ethics Reform in the SC Senate.”
The prestigious award was given to Senator Courson by John Crangle, Director of the SC Chapter of Common Cause, Kenneth W. Gaines, State Chairman of Common Cause, and former Congressman Bob Edgar, President and CEO of Common Cause.
“I am tremendously honored to receive this recognition of my longtime support of ethics reform in South Carolina,” Senator Courson said.
Common Cause is a nonpartisan, nonprofit advocacy organization founded in 1970 by John Gardner as a vehicle for citizens to make their voices heard in the political process and to hold their elected leaders accountable to the public interest.
To view photo, click here.

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Under fire, Gen. Turner quits state employment agency

This broke at about midday today:

SEANNA ADCOX
Associated Press

COLUMBIA, S.C. (AP, WLTX) – The director of South Carolina’s unemployment agency has resigned, effective March 1.GeneralTurner2

Department of Employment and Workforce Director Abraham Turner turned in a hand-written resignation letter to the governor Friday.

In the letter, Turner says he’s resigning for personal reasons. His resignation follows questions from legislators stemming from the agency’s decision to eliminate one-on-one help for people seeking benefits in 17 rural offices statewide…

It first came to my attention because of this emailed comment from state Rep. Todd Rutherford, D-Richland:

“Governor Haley has allowed her agency, SC DEW, to become an absolute embarrassment. In the last two weeks the governor’s agency has made news because of crippling layoffs, massive pay raises, lavish taxpayer funded beach retreats, the closing of seventeen unemployment centers in rural counties, and now the resignation of the Executive Director. Governor Haley must regain control of her agency before it is too late. Millions of South Carolinians depend on this agency to be functional and effective. As it stands today, it is the opposite.”

But not only Democrats have been complaining about how the agency has been run under the retired general. As thestate.com reports:

The employment agency’s woes have become a subject of almost daily criticism in the Legislature.

State Sen. Ken Bryant, R-Anderson, took to the floor Thursday to blast what he said were outlandish raises — some of more than 50 percent — recently given some agency employees. Bryant also said the agency was claiming victory for lowering jobless benefits improperly paid to $50 million from $90 million.

Other senators joined in a bipartisan display of frustration.

At one point, Bryant and Senate Minority Leader Nikki Setzler, D-Lexington, exchanged criticisms of the agency, with Setzler, a moderate Democrat, and Bryant, a Tea Party Republican, both ripping the agency and its leadership, citing recent cuts in its staffing and the raises, the closing of rural offices and an oceanside management retreat…

SC Senate panel responds to national gun control debate in its own special way — allowing guns in bars

Here’s the report:

COLUMBIA — A S.C. bill that would allow concealed weapons permit holders to carry firearms into restaurants and bars advanced Wednesday.

Concealed permit holders would be allowed to carry firearms into places serving alcohol as long as the business owner allows it, if the bill becomes law. The bill would ban consuming alcohol while carrying…

    Some speakers at the hearing … said they would prefer the bill allow some alcohol consumption.

Ralph Baker, who spoke at the hearing, said he “would like to see the bill change so that a person could go in and have a glass of wine with their lasagna….The CWP people are responsible. They’ve proven themselves in that area.”…

I like that bit about how “CWP people (have) proven themselves,” responsible while drinking and packing. How did they prove that? You can’t prove someone won’t go postal in a bar. You can only prove that someone will — when they do.

But this makes me feel much better about myself. I’ve proven myself responsible, too. I have never shot up a bar after drinking. Ever. Yet.

Anyway, the panel didn’t go along with the suggestion that drinking be allowed, which I suppose is something.

Tom Davis not running: Am I the only person in SC who missed this? (Apparently so)

Not only did I miss it, but I only found out about it now because I saw a 12-day-old reTweet of a Gina Smith item on a mutual friend’s Twitter feed. Here’s the story, from Gina’s current paper, the Island Packet:

State Sen. Tom Davis, R-Beaufort, said today he will not run for U.S. Sen. Lindsey Graham’s seat or any statewide office in 2014, including governor.

Instead, Davis said he can do more good in the state Senate, where he has recently gained appointment to powerful committees that include the Senate Finance Committee, a force in shaping the state’s budget.

“I’d be lying if I said it wasn’t tempting (to run for Graham’s seat,)” Davis said. “But when you get right down to it and realize you have a limited amount of time, a limited amount of energy, and you sit down and figure out where you can make the most difference, it’s a clear-cut decision. I can make far more of an impact in the (state) Senate.”…

Speculation has run high since the summer that Davis would seek the Republican nomination for Graham’s seat. During a Tampa rally for then-presidential contender Ron Paul, Davis blasted Graham and called for the defeat of the senior senator.

Actually, the speculation goes way back earlier than the summer.

So does this mean Lindsey Graham can relax now? Not really. In any case, he probably won’t.

First, key SC lawmakers were dead serious about nullification; now, they’re taking testimony from a secessionist. And yes, it’s 2013

We are really on a roll in South Carolina this week. On a rapid downhill roll, as on the proverbial handcart to hell.

SC Democrats put out this release today:

Well-known Secessionist invited by GOP lawmaker to give testimony in support of Nullification

The House Judiciary Subcommittee on Constitutional Laws held a hearing on H3101, otherwise known as the “Nullification” bill that seeks to nullify the Affordable Care Act, heard testimony from dozens of Tea Party activists on Wednesday. One of the speakers, Dr. Donald Livingston of Georgia, separated himself from the other speakers when he publicly advocated for secession during his testimony.

Dr. Livingston, a retired philosophy professor testifying in support of nullification, was invited to give the lead testimony by the bill’s chief sponsor, Representative Bill Chumley. Dr. Livingston later admitted in his testimony that he had not actually read Rep. Chumley’s bill.

Dr. Donald Livingston is the former director of the League of the South, a neo-confederate group that actively supports southern nationalism as well as secession from the United States. (Source) The Southern Poverty Law Center has classified the League of the South as a “racist hate group.” (Source) Dr. Livingston has been dubbed the “Intellectual Godfather of the secession movement” by New York Times journalist Chris Hedges. Dr. Livingston has written extensively in support of secession and southern heritage. (Source)

In 2001, he told the Intelligence Report that “the North created segregation” and that Southerners fought during the Civil War only “because they were invaded.” The next year, he established the Abbeville Institute, based in Atlanta, along the lines of the League of the South. (Source)

At a 2003 “Lincoln Reconsidered” conference he said that “evil is habit-forming” and no habit is as evil as believing that Lincoln acted out of good motives. (Source)

Representative James Smith, a member of the subcommittee, released the following statement in response:

“I was surprised and extremely disappointed Rep. Bill Chumley would invite Dr. Livingston to serve as his chief advocate in front of the Constitutional Laws Subcommittee. His extreme views on secession and his association with a known racist hate group insults the institution we serve and reveals the motives behind many who support this legislation. I fundamentally reject his vision for our country and I call on my colleagues to do the same.”

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It’s really been weird lately. At home in the evenings, I read Team of Rivals, and just started rewatching Ken Burns’ classic “The Civil War” on Netflix. Reading and watching at night, I think that what I’m doing is studying history.

But then I get up in the morning, and day after day, this insane nonsense turns out to be current events over at our State House.

Not a good day for SC public officials (or ex-officials)

Today we saw a string of news developments of the sort that cause a lot of people to believe erroneously that all, or most, public officials are shady.

It was quite a run:

  1. The internal affairs chief of the state Department of Public Safety, Bobby Collins, was fired, three weeks after being stopped on suspicion of drunk driving three weeks ago. Note that his job was to be the cop who watched the cops.
  2. Elgin Town Councilman Norman Allen “Bubba” Ernst was charged with vandalizing a gun range. I don’t even know how a person would go about doing that, and the story doesn’t say.
  3. Ex-Rep. Thad Viers was charged with burglary. Which, to my memory, is a first for a state legislator, even a former one. But I stand ready to be corrected.

Sheesh.