State Senate Passes Warrantless Searches of Parolees & Probationers
February 27, 2009 by senatormcconnell
For the second time this session, the State Senate has passed monumental legislation cracking down on crime in South Carolina. On the heels of passing the Teacher Protection Act of 2009, Senate President Pro Tempore Glenn McConnell has pushed S.191, Warrantless Searches of Parolees and Probationers, through the State Senate. The bill passed the Senate on second reading Tuesday on a unanimous roll call vote of 31-0. It passed the Senate today on third reading and now heads to the State House of Representatives. Read more
This Week in The Senate: Tax Reform
February 27, 2009 by senatormcconnell
Senator Glenn McConnell talks with Senators Kevin Bryant and Nikki Setzler about warrantless searches and comprehensive tax reform.
Senator Glenn McConnell: Capitol Update
February 25, 2009 by senatormcconnell
This legislative summary outlines the achievements and challenges of the 2008 legislative session as well as an agenda for reform that I am championing this year at the State House. As always, no tax funds whatsoever were used to pay for this report, which is published annually to keep you up-to-date on the efforts I am making to best represent our area in the South Carolina State Senate. At the end of the newsletter, you will find a questionnaire covering important issues impacting our State as well as space for you to share your comments and ideas on issues the Senate should address. Please take the time to complete it and send it back to me. Your input is critical as we begin the 2009 legislative session. Also, I want to thank you for the trust you have placed in me to represent our community in the South Carolina State Senate. I will continue to use the opportunity you have given me to move our State forward by making government more
accountable and changing the pattern of waste in Columbia. I look forward to hearing from you soon.
Sincerely,
Senator Glenn McConnell
The 2008 State Budget
I am pleased to say the General Assembly passed an appropriations bill last year that was $62 million less than the budget Governor Sanford recommended. In view of tough times with our economy, there were a number of spending reductions. However, the Senate budget did not reduce the base operating costs of K-12 education. In fact, in a year when other agencies were cut, we made a commitment to provide an additional $116 million for our schools. Our teachers maintained salaries above the Southeastern average, and we maintained funding for our 4-K program. Additionally, the budget provided sufficient funds to ensure that the employees’ share of insurance premiums would not go up this fiscal year. Important for the Lowcountry, funding to support tourism received an additional $10 million for destination specific campaigns. Also, $18 million of funding for the South Carolina Conservation Bank was preserved. Unfortunately, due to the national economic down-turn, reductions in revenue estimates have put those funds as well as budgets for all agencies subject to further cuts.
Special Session for Budget Reductions
Since the General Assembly adjourned last June, the Board of Economic Advisors (BEA) released revised and reduced revenue projections several times.
These new budget estimates caused the Budget and Control Board to approve an across the board budget cut of 3% for all state agencies. This was done to keep the budget balanced as required by the Constitution. As a result, spending was immediately reduced. In response to that action, Governor Sanford repeatedly made highly publicized calls for Speaker of the House Bobby Harrell and me to call the Legislature back to Columbia to deal with the revenue shortfall and to make targeted – rather than across the board – cuts. If that had been possible, we would have been happy to do so, because I strongly believe targeted reductions are a better path than across the board cuts. Not all agencies are run with equal efficiency.
Also, the core functions of government should be prioritized above non-essential
services. However, as I assume the Governor knew, Speaker Harrell and I did not have the legal authority to call the General Assembly back for purposes of making budget revisions until the BEA certified revenue dropped below a certain level, which it did on October 6, 2008. Once that happened, we immediately convened the Legislature to address the budget shortfall. During that emergency session, we
targeted 7% in reduced spending instead of 6%. The additional reduction was made to ensure that a deficit would not occur in these difficult economic times.
Spending Caps for State Government
It is a sad reality, but many governments across the nation make spending decisions based on a feast or famine approach.
South Carolina seems to be no different. In good economic times, the government gorges itself on taxpayer dollars. In bad times, good government programs that provide needed services are cut. It is a hire and fire spending roller coaster that creates unnecessary suffering and spending sprees. The economic crisis we are in now is a prime example of this problem. If the State had adpoted a realistic spending cap just a few short years ago, we would have the funds to pay the bills instead of slashing police and medical services or economic development monies when we need those efforts most. The only way to control spending long-term is a constitutional restraint on the legislative and executive branches. Last year, I fought to stop this spending pattern with a constitutional amendment that capped government spending at a 10-year average (3.6%). Any additional revenue the State receives would then be sent to an account we can rely on for essential services
in tough economic times, to pay off debt or be returned to the taxpayers. This constitutional amendment failed by just a single vote. I plan to reintroduce the measure this year and fight to place a constitutional bridle on spending in Columbia.
Government Budget Restructuring
I believe there is an important need to restructure our State’s Budget and Control Board (B&CB).
The organization is a vestige from another time that wields far too much power. I plan to work on legislation that will drastically reduce the size and power of the B&CB by only retaining functions that are prone to abuse under one branch of government. Hopefully, then most of the purely administrative functions of the B&CB can be sent to the Executive Branch and thereby be accountable
to the Governor. Such functions as population statistics and reapportionment, capitol complex security, and computer database operations could then remain under the joint oversight of the Board. Another need for restructuring is the system by which the Legislature can provide an increased oversight role of government with less intervention into its day-to-day operations. Good government is best achieved by a vigorous application of checks and balances. For example, performance audits should be conducted to look at whether an agency is effectively executing public policy. These regular reviews would stop the current cycle of discovering and re-solving problems only after damage is done to the public’s interest. That is exactly what happened recently with the Department of Insurance and the Department of Transportation. Until there was a full-fledged crisis, we were unaware of the serious issues with homeowners insurance on the coast and the lack of effective oversight by the administrators at the Department of Insurance. Increased oversight will save taxpayer dollars. If legislators did in-depth reviews of
each agency on a regular basis, then every year and needs to justify each item in its budget request. Currently, an agency starts each budget year based on its budget from the prior year. This is mostly done because of time constraints; however, it results in bad programs being funded indefinitely, since they are automatically built into the base of the Appropriation Act each year. With more oversight, we can make our government more cost-effective and efficient. Looking at how government is operating and making appropriations for those agencies could be done by zero-based budgeting. That process is where an agency starts with a zero budget changes where needed is the type of reform we must pursue in the months ahead.
Governor Sanford’s Leadership
I do wish Governor Sanford would make more of an effort to find solutions to our State’s problems and focus a little less on gaining headlines. First, he criticized Speaker Harrell and me for not calling the legislature to session (even after we explained that it was not legal for us to do so). Then, when we finally were able to address the spending issue, he criticized the legislature for making the cuts. Oddly, he attacks those of us who vote with him most of the time but seldom attacks those who vote against him all of the time. Governor Sanford has some very good ideas. I have made every effort to work with him and will continue to promote a fiscally responsible agenda in Columbia.
Spending Transparency and Roll Call Voting
I have long been an advocate of open government, and rely heavily on citizen involvement to better represent our Senate district at the State House.
Advancements in technology have created opportunities to improve the public’s ability to track how their money is being spent. That is why I have offered and supported plans for a Transparency in Spending initiative, which would require all governments to post online their check registers. If voters can easily see how their tax dollars are being spent, then there will be less waste or inappropriate activity. This policy is already in effect for all Executive agencies; however, protests by local government prevented us from passing legislation that would apply to all governments. I will fight hard this year to make this effort succeed. Along with Speaker Harrell in the House, we have passed an important procedural rule that alters how we vote. Initially, a recorded roll call was only required when requested by 5 Senators. Now, because of this new measure, we must make roll calls mandatory for votes that affect elected officials financially or ethically and when taxpayer dollars are spent. I know that some oppose efforts to change how we operate, but I believe it is important for taxpayers to know how their legislators vote.
Fighting Crime a Priority
We must do everything we can to stem the growth of criminal violence. Crime impacts both our quality of life and our economic future.
We must make our streets safe for law- abiding citizens to enjoy what our State has to offer and to make our State an inviting place for tourists and new businesses. In 2008, the Senate took meaningful action to stand up to street thugs, predators, and murderers that prey on our citizens. We passed a DNA Database Bill, which many law enforcement experts say is one of the most important things we can do to fight violent crime in our society. The bill requires anyone who is arrested for a felony with a penalty of 5 years or more to give a sample of his or her DNA. All it takes is the swabbing of the inside of the mouth and is, in essence, nothing more than a 21st century fingerprint. We also included tough safeguards in the bill to prevent disclosure or abuse of this data by anyone against law- abiding citizens. Sadly, the Governor vetoed the DNA bill. I believe that the rights of the innocent are more important than those of criminals, and the Senate unanimously voted to override the Governor’s veto. It means everything for your safety. To help keep violent offenders in jail, we also formed an Alternative Sentencing Commission tasked with recommending a sentencing structure where the State is not expending huge amounts of money to house non-violent offenders. The Commission will examine other measures for non-violent criminals, such as electronic monitoring and day reporting centers after strict conditions of release have been met. This potential reform could have many positive benefits. Non- violent offenders could earn money for restitution to victims and be made productive members of the community. Also, this would free up our over-burdened jail system so there is room for the criminals who commit violent crimes to serve their entire sentences behind bars without parole. One final law I have been fighting for is the Teacher Protection Act, which consistently passes the Senate only to die in the House. Put simply, the bill would protect teachers from baseless lawsuits while they attempt to do their job. Additionally, it would allow teachers to sue civilly for criminal actions against them and create tougher penalties for attacking teachers on school grounds. A good educational system in South Carolina includes an environment where teachers can do their job without being afraid of being attacked by bullies or sued by over eager lawyers.
Charles Towne Landing
Over the last several years Speaker Bobby Harrell and I have procured funding to revive and improve Charles Towne Landing.We had to override the Governor’s vetoes of the funding for these projects but the results of the efforts by the staff and volunteers proves the wisdom of investing in preserving the birthplace of the State. The revitalization continues with the breaking of ground for the public services building and the new replica of the Adventurer.
Outdated School Funding Formula
The Education Finance Act (EFA) was passed many years ago and outlines a complex, outdated formula that determines how much money each school district receives.
The formula creates an unequal distribution of education dollars. For example, when we passed an additional $116 million in education funding, 21 coastal school districts, including Charleston, were slated to receive less funding than they did the previous year. This is simply unacceptable, particularly when you consider our area is providing disproportionately more tax dollars in the form of sales tax to fund education. To save our schools from massive budget cuts, I was able to ensure Charleston and the other areas unfairly cut by the outdated EFA formula would be supplemented for losses based on each area’s tax contributions. However, this is only a stopgap measure. A more modern – and equitable – funding model must be created. The only way true fairness in funding will occur is if the money appropriated for education follows each child.
Illegal Immigration
One major success of the last legislative session was the enactment of the South Carolina Illegal Immigration Reform Act of 2008, the strongest and most comprehensive illegal immigration reform legislation in the United States.
Most significantly, the Act mandates that both public and private employers verify the immigration status of all new employees by one of the following methods: (a) registering and participating in E-Verify and checking all new employees within 5 business days of hiring; (b) requiring employees to have S.C. driver’s licenses or IDs (or have documents to get an S.C. license or ID) at the time of hiring; or (c) requiring new employees to have out-of-state driver’s licenses or IDs from states where requirements are as strict as South Carolina’s.
The penalties for failing to comply with the Act are severe. If the violation is merely a paperwork error, then the private employer will be assessed a civil penalty of $100 – $1,000 for each unverified employee (for a first offense, an employer may avoid a fine if the issue is rectified within 72 hours of being notified of the violation). If the private employer has ever been cited for knowingly and intentionally hiring an illegal immigrant, then the penalty will be enforced. If after being notified that an employee is not verified, the employer must terminate the employee or be faced with knowingly and intentionally hiring an illegal alien. If a private employer is determined to have knowingly or intentionally employed an illegal alien, the private employer will lose his license to do business for between 10-30 days. For a third offense, the employer permanently loses the business license. While I am still hopeful that the federal government will fulfill its responsibility to address this issue instead of punting it to the states, we had no choice but to take action. With the cost of provision of State services to illegal aliens costing our State $180 million in 2008 alone, I think it was very important that we send a message of “don’t come here” to illegal workers. This bill strikes a good balance of preventing use of illegal workers but not creating unfair hurdles for businesses that try to do the right thing. This bill takes the best of laws in Arizona, Oklahoma, and Georgia and gives us the toughest bill in the nation. Fortunately, legislative leaders of both parties worked together to get the job done.
South Carolina’s Ports
The Port in Charleston is a huge economic driver not only for the citizens of Charleston but also for the entire State, a fact that makes its slipping in the rankings of the nation’s top ports a cause for great concern. To address this, we are examining whether the SPA’s current operating structure is still valid considering changes in the shipping industry and the construction of new ports across the country.
Currently, Charleston is one of the last government-run port systems in the country to function as landlord and operator of its ports facilities. Many other prosperous ports, such as Norfolk and Jacksonville, have implemented public-private or landlord- tenant management systems, which have drawn extensive private investments. As we discuss much needed port expansion, we must make sure the best operating model is in place to ensure maximum economic return to our State. We also must look at the potential benefits of creating a tax base for the communities in which port operations occur. Though potential improvements should be investigated and implemented to ensure our ports remain competitive, I strongly oppose any attempts to turn over complete control of all of our facilities to private businesses. I believe we need a mixed approach of public and private because the Port is too important an economic development tool for our State to give anyone veto power over expansion and provisions that need to be made in the public interest to bring good high paying jobs to our State.
Our State Courts
This past year has seen more evidence of an increasingly activist court in our State. I
firmly believe that the Constitution is very clear that it is the job of the General Assembly, or Legislative Branch, to write the laws and the Judicial Branch to apply the law. Unfortunately, some judges have taken the position that they want to create new laws through court case rulings. In fact, a lot of legislative time is spent on passing laws to undo actions of the courts. I believe it is very simple. If a judge wants to make law, let them resign their office and run for the House or Senate. Otherwise, the effort to have judges elected subject to a popular vote will rightfully gain ground. I encourage everyone to provide input on whether we should continue to allow the General Assembly to elect and re-elect our judges or change to another method. I prefer merit selection for a judicial nomination and then re-election by a public vote. If you have praise or complaints about sitting judges up for re-election, please let the Judicial Screening Committee know. Your input is important.
Energy – The Coming Crisis
During recent news stories, it was reported that overseas people were restless because they had electricity for only an hour a day. While we are far from this scenario, we are closer than you may think to brownouts and blackouts in South Carolina. Unless we act now, they could start as early as 2015. Common sense tells us that building additional generating facilities is no longer optional. It must be done now. Research indicates that renewable energy could potentially meet only 3 to 5 percent of our electricity needs. Conservation efforts, if fully utilized and subsidized, would only achieve a maximum of 20 percent efficiency. In South Carolina solar, wind, and waves are marginal options at present and over the short term cannot be factored in as reliable alternatives. Nuclear plants need to be built (probably four) but these take 10 to 14 years to complete. The need to avoid running out of power to meet demand by 2015 requires us to go forward with building a conventional plant like at Florence to tide us over until nuclear energy sources can come on line. Otherwise, just imagine an August in the Lowcountry without air conditioning. Federal energy legislation on the horizon could also complicate things. Until technology and alternative sources brings us cleaner electric power, legislation to tax and cap CO2 emissions could drive electric rates in South Carolina up by as much as 32 percent. One size does not fit all. In South Carolina, because of our environment, we have certain needs and alternatives that are different from California or Maine. To understand and develop energy policy at the state and federal level, I believe we must have a clear picture of the energy resources in our State by bringing everyone to the table instead of developing a piece-meal approach to developing policy and formulating solutions. In this way we can explore new ideas and alternatives while working to eliminate environmental concerns and educating our leaders and the public on how we can create an energy plan viable for our State in the long term. That is why I have asked the Chairman of the Public Utility Review Committee, Sen. Thomas Alexander, to begin a thorough and in depth analysis of our energy resources to include making recommendations for immediate action and establishing other long term objectives. Our prosperity as a people depends on an ample and affordable energy inventory independent of foreign sources. We must seek out and develop alternatives if we are to have a stable economy. Natural gas, wind, solar, oil, and new technologies must be pursued now. Just look at what high priced gasoline did to this country this past summer. We cannot wait. And we must not fail.
COMMUNITY PROFILE : National Council of Jewish Women
I have long believed that government alone cannot create a better Charleston, a better South Carolina or a better United States. That job rests mainly with the citizens of our city, our state and our nation. Government can and should provide an environment conducive to a good quality of life, but it is up to each of us to make our lives and the lives of those around us as good as they can be. That is why I am starting a new segment of this newsletter to profile those in our community who work to make our area a better place to live. The first group I wanted to profile is the National Council of Jewish Women (NCJW). The purpose of the NCJW is a laudable one: “Our section channels individual passion into concrete social actions that address the needs of women, children, and families in the communities in which we live.” The NCJW, which is represented by volunteers and advocates of different professions, ages and backgrounds, has focused on the unfortunate epidemic of domestic violence in our community. They have conducted a relentless campaign to end this problem. They have organized the Community Alliance against Interpersonal Violence, a group comprised of doctors, lawyers, victims’ advocates, teachers, counselors, and community leaders who meet on a monthly basis to work on increasing awareness and prevention of domestic violence. They have also given numerous presentations at functions around town such as the College of Charleston, Trident Tech, and through various activities available through My Sister’s House. With so many problems facing us, it is good to know groups like the NCJW give a ray of hope. If you see any of the people involved in the NCJW, please thank them for their efforts.
Roads & Infrastructure
Having a robust infrastructure is important for the quality of life, safety, and economic development of our State.
This year, Speaker Harrell, Senator Grooms, and I introduced companion measures in the House and Senate to provide more funds to build and maintain roads in South Carolina. The measure would redirect the sales tax on cars toward the maintenance of our roads, many of which are in unsafe conditions. Simply making this transfer of funds would allow $1.2 billion in road funding without raising any existing taxes or fees. The General Assembly is also looking at innovative ways to deal with the ever- increasing need for new and expanded roads. This year, we will examine the possibility of public-private partnerships for building new roads. This model has been used in other states such as Pennsylvania and Ohio, and it will be interesting to see if it can work for our State. Other ideas, such as using light rail and HOV lanes, will be on the table for discussion.
Bill allows S.C. parolee searches without warrants
February 25, 2009 by senatormcconnell
A bill allowing searches without warrants for juveniles and adults on probation or parole gained approval Tuesday with an unanimous vote.
The Senate voted 31-0 to give a second reading to a bill that lets police and probation officers bypass going to a judge for a search warrant. It needs a third Senate reading before heading to the House.
“That’s one of the things that our crime victims groups have been behind, so I’m very pleased,” said Laura Hudson, executive director of the S.C. Crime Victims’ Council.
The bill was amended to make it clear that police need a reasonable suspicion that the person was involved in a crime before searching them or their property. Bill sponsor Sen. Glenn McConnell said they also have to be the owner of the car being searched. Read more
This Week In The Senate
February 22, 2009 by senatormcconnell
Senators Larry Grooms and Jake Knotts join Senator Glenn McConnell to discuss South Carolina’s ports, warrantless searches, and the other top issues of the week.
SC bill restructuring ports board advances
February 19, 2009 by senatormcconnell
A South Carolina bill taking away the governor’s power to fire members of the State Ports Authority board without cause has cleared a legislative hurdle.
The Senate approved the measure Wednesday and sent it to the House.
The bill requires the ports board to have backgrounds in business, port operations or the law. Governors can continue to appoint board members, but they can no longer remove them at will. Firings must be based on negligence or the failure of board members to do their duty. Read more
Senate advances SPA reforms
February 19, 2009 by senatormcconnell
A bill that would restructure the State Ports Authority, adding tighter requirements for its board and more transparency about its finances, passed a Senate vote Wednesday in Columbia and now heads to the House.
Among its provisions, the bill would require board members have at least five years of experience in relevant fields, such as maritime shipping, law or finance, economics and statistics. It also would eliminate the governor’s power to remove board members at will. Read more
This Week in the Senate: SPA Restructuring
February 17, 2009 by senatormcconnell
Senators Grooms and Verdin join Senator McConnell to discuss restructuring of the State Ports Authority on ETV’s “This Week in the Senate.”
Bill toughens penalties for teacher assaults
February 12, 2009 by senatormcconnell
A South Carolina proposal aimed at protecting teachers and other school employees from student attacks has advanced.
Students who seriously injure a teacher on school grounds or at a school-sponsored event would be guilty of a felony. A conviction of assault and battery of a high and aggravated nature could bring up to 10 years in prison or a fine of up to $5,000.
The Senate unanimously approved the measure 40-0 Tuesday and sent it to the House.
The bill also allows assaulted teachers to sue a convicted student.
It applies to students who are enrolled, on suspension or expelled from a school within a year. Employees covered by the bill include administrators, school bus drivers, substitutes and janitors.
Vote on Goode’s re-election is on hold
February 12, 2009 by senatormcconnell
Special screening hearing for circuit judge to be held
Circuit Judge Kenneth Goode still has his job today, though he faces an uncertain future.
The longtime Winnsboro jurist withdrew from the election Wednesday in the General Assembly, asking that his re-election be delayed until spring.
The Legislature, which met in a joint session to consider Goode’s election and 19 other judicial seats, approved a motion by Sen. Mike Fair, R-Greenville, supporting Goode’s request.
Quantcast
Fair and Senate President Pro Tempore Glenn McConnell, R-Charleston, who chairs the judicial screening committee, told The State earlier they had planned to vote against his re-election if it came to a vote. Read more
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