Keith Kelly Cracking Down on Domestic Violence
Out of a dozen bills that address domestic violence pending in the S.C. General Assembly, advocates pointed to two today that have the best chances of passage.
Criminal Domestic Violence Study Committee members, Sens. Larry Martin, R-Pickens, and Gerald Malloy, D-Darlington, and Rep. Keith Kelly, R-Woodruff, heard from Vicki Bourus, who heads the S.C. Coalition Against Domestic and Sexual Assault, and Laura Hudson, executive director of the S.C. Crime Victims’ Council.
Bourus and Hudson pointed to S. 790, a bill introduced by Martin, that would create a permanent civil restraining order in cases where an abuser has finished his sentence and has returned to the community where the victim lives.
The advocates are also closely tracking S. 282, an amendment to a law that alerts an abuser that he is going to be arrested when a victim signs a warrant for his arrest. The current law creates inherent dangers for the victim, according to advocates. S. 282, sponsored by Sen. Glenn McConnell, R-Charleston, and Sen. Robert Ford, D-Charleston, would exempt domestic violence and harassment from the courtesy-summons mandate.
The group also discussed Rep. Shannon Erickson’s bill, H. 4198, that prevents insurance companies from treating a victim’s past or present exposure to domestic violence as reason for declining a claim or increasing premiums.
Malloy said the bill has a serious flaw that absolves insurers.
Bourus told him they had worked closely with the industry on the bill.
Malloy responded, “Insurance companies are not going to end up objecting to that. … Somebody is an attorney to put that kind of language in,” added the senator.
While Bourus and Hudson said they haven’t given up on the remaining proposals that have been introduced, they acknowledged Tuesday the legislation has not picked up much momentum.
Other proposals include: H. 3672, a bill to require a change of venue for a criminal case in which the accused batterer is a member of law enforcement or a judge; H. 3641, which requires police to note a CDV investigation on an incident report, even if there is no arrest; S. 266, which institutes dating-violence policies in schools. Last year Rep. Greg Delleney, R-Chester, amended the bill to exclude homosexual youths from protections.
Judiciary panel advances sentencing reform plan
I’ve been honored to serve on the Sentencing Reform Panel. We must revamp South Carolina’s criminal laws to truly crack down on violent offenders.
COLUMBIA — A comprehensive plan to divert nonviolent criminals from prisons to the probation and parole system so South Carolina can avoid spending hundreds of millions of dollars to build new prisons was adopted Tuesday by the Senate Judiciary Committee in a 14-0 vote.
The bill calls for more drug users to serve supervised criminal sentences in the community as a way to free up beds in the overcrowded prisons. The measure, as written, deals with future offenders, although there are a few exceptions to parole some current prisoners.
Sen. Gerald Malloy, a Hartsville Democrat who led research and debate on the proposals for more than a year, said the legislation is not “soft on crime” but “smart.” For instance, he said that it costs $14,500 for each inmate in prison compared with
$2,000 for an individual in an intense community supervision program.
“We’re talking about a tremendous amount of savings,” Malloy said. “And the ability to keep South Carolina safe was not compromised. … We think this is landmark legislation.”
The bill reclassifies 22 crimes as violent, including drunken driving that results in death. That change will trigger a rule that does not allow the violent offenders to qualify for parole until they serve 85 percent of their sentences. The bill also provides incentives such as “good time credits” for people on probation and parole to stay crime- and drug-free, gives judges more discretion for sentencing drug users, lets more inmates qualify for work-release and removes the disparity in sentencing between crack and cocaine possession.
Additionally, the bill would allow for the special parole of inmates who are terminally ill, geriatric or physically disabled and no longer pose a public risk. Some legislators raised the possibility of the early release of up to 3,000 nonviolent criminals as a way to save the cash-strapped state money, but the Judiciary Committee did not make those proposals part of the legislation.
Most of the provisions in the bill would become effective in January, if the bill survives the legislative process. The bill also establishes an oversight committee made up of legislators and members of the public to study the results of the law.
Solicitors, public defenders, victim advocates, national researchers and Jon Ozmint, director of the Department of Corrections, were among the experts that helped legislators draft the bill.
Sen. Chip Campsen, R-Isle of Palms, acknowledged that the legislation might require an up-front investment in the probation and parole system to be sure that those criminals diverted from prisons received proper oversight, but that’s a fight that will be battled out on the Senate floor. Other issues raised during the committee meeting include the increase in certain fines during hard economic times and a provision in the bill that would ban people who served time for a violent crime from ever owning a gun. Some senators are interested in banning only violent criminals who used a gun while committing a crime.
“I do think we need to change that,” said Campsen, one of the Legislature’s biggest sportsman.
Helping Companies Create Jobs in South Carolina
Our shared conservative philosophy dictates that the only thing government should do to create jobs is get out of the way of business and do whatever is necessary to help the private sector create those jobs.
The House Republicans took two major steps in that direction this week with the passage of two pieces of landmark legislation the end of the corporate income tax in our state, and true tort reform.
My Republican colleagues have worked for years to improve the business climate here in our state, and as our state climbs out of recession, we are seeing the fruit of our labors. Last falls announcement that Boeing was locating a major manufacturing facility in North Charleston was a boon for the coast. Proterras’ decision to make a revolutionary new bus in Greenville was a second major boost for our economy. Read more
March 9 Video Update
State jobs bill would end corporate income tax
The state House on Thursday approved a massive bill that eliminates the corporate income tax and provides a wide array of incentives in an effort to spur job creation.
Eliminating the tax will cost the state about $170 million a year when it is completely phased out in 10 years. The phase-out would begin in two years, while the other elements would go into effect when the bill becomes law.
The House approved the bill by a 105-9 vote.
Rep. Keith Kelly, R-Woodruff, said the Legislature had to get aggressive in order to put South Carolinians back to work. The state’s unemployment rate was 12.6 percent in December.
“We’ve got to try everything we can,” Kelly said. “South Carolina families are hurting. Any time you lessen the tax burden on businesses you invite businesses to the table, and that helps with job creation.”
The bill makes it easier for large corporations to access incentives and provides tax credits for small businesses.
Some Democrats, however, questioned the wisdom of eliminating a revenue stream in the middle of an ever-worsening budget crunch. Lawmakers are trying to combat a shortfall of more than $500 million this year, and they are looking at a $1 billion hole next year.
Rep. Joe Neal, D-Hopkins, said the state already is having difficulty providing for the basic needs of its residents — as evidenced by a $46 million cut at the Department of Disabilities and Special Needs that could eliminate services for about 26,000 disabled residents. Passing the jobs bill “escalates that,” he said.
“We can roll the dice, hoping we hit a lucky seven and businesses will come rushing to our borders,” Neal said.
“And if they don’t, then we’ve cut hundreds of millions of dollars from the budget,” he said.
Rep. Harold Mitchell, D-Spartanburg, said he voted for the bill even though he had reservations about eliminating a revenue source.
“It comes down to jobs,” Mitchell said. “We’ve got to do something to turn things around.”
The bill also extends a fee-in-lieu-of-taxes agreement with Duke Power in Cherokee County, said Rep. Lanny Littlejohn, R-Pacolet.
“We’ve got a dire situation with jobs in this state,” Littlejohn said. “This is going to spur the economy. We’ve got to do this. We can’t just sit back and do nothing.”
South Carolina lawmakers to focus on jobs
Lawmakers return to Columbia Tuesday to face a deepening budget crisis and record unemployment.
Job creation will be the main focus during the session that opens at noon Tuesday, according to area lawmakers. But also high on the agenda will be taking a knife to a budget that’s already had $1.5 billion hacked from it in the past 18 months.
“What we’ve got to do is be one of the most business-friendly states in the country,” said Sen. Lee Bright, R-Roebuck. Read more
Supreme Court says simple majority can elect chairman
For six months, members of the Spartanburg County Legislative Delegation sparred over whether a simple majority or a weighted vote was required to elect a chairman and vice chairman.
Today, the state Supreme Court left no doubt. In a 5-0 decision, the justices said a simple majority was all that was required to choose officers.
Rep. Harold Mitchell, D-Spartanburg, who asked the high court to settle the dispute, did not immediately return phone calls seeking comment.
The issue arose at the delegation’s first meeting in November 2008, when members voted 9-4 to elect Rep. Lanny Littlejohn, R-Pacolet, chairman and 8-5 to elect Rep. Keith Kelly, R-Woodruff, vice chairman.
Bright, however, took exception, saying the vote should have been based on weighted majority rules – in which each lawmaker receives a percentage of the voting power based on the number of people he or she represents. Two weeks later, Bright, Sens. Shane Martin and Glenn Reese and Rep. Joey Millwood held their first separate meeting, where they elected Millwood chairman and Martin vice chairman. Bright, Martin and Millwood are all Republicans, while Reese is a Democrat.
The dueling delegations used opposing interpretations of the same court case – Vander Linden v. Hodges – to support their arguments. That case did establish weighted voting as the method for making appointments to boards – a decision Mitchell did not challenge.
Mitchell in January asked state Attorney General Henry McMaster for an opinion on whether the four members constituted a quorum – the minimum number required to legally hold a meeting. McMaster concluded in an opinion handed down in March that a quorum is a simple majority of the body – which in the case of the delegation would be seven members.
In today’s unanimous opinion written by Chief Justice Jean Toal, the high court sided with Mitchell’s contention that delegation officers are ceremonial positions and are not subject to weighted voting rules.
“Furthermore, the Chairman and Vice-Chairman: (a) cannot take any action on behalf of the delegation save for calling a meeting to order and certain other procedural matters, (b) cannot independently exercise any of the substantive functions of the delegation except by virtue of their roles as voting members, and (c) are not accorded greater weight when voting by virtue of their positions as delegation officers,” Toal wrote. “Thus, these officers do not perform substantive duties and perform no governmental functions that raise the concerns at issue in Vander Linden. Therefore, Vander Linden’s weighted voting remedy does not apply to the election of Chairman and Vice-Chairman, and these offices can be elected by a simple majority vote of the delegation.”
Bright said this afternoon he had not seen the opinion and declined to comment until he had read it.
The delegation agreed to a compromise in May, with Kelly stepping aside and Martin being elected vice chairman.
Kelly said he’s glad to have the issue put to rest once and for all.
“We’re relieved to get this behind us and that the Supreme Court has now said that my interpretation of the law, along with several other members of the delegation, is correct,” he said. “Now all of us know what the law is.”
Spartanburg attorney Charlie Hodge, who along with his partner, Ryan Langley, represented Mitchell, called the opinion a “well-reasoned decision.”
“I’m very pleased that the Supreme Court first heard the case and second agreed with our position that in terms of selecting officers a simple majority ought to be utilized,” Hodge said. “The issue needed to be decided because if it wasn’t it could certainly have reared its head in the future. What this essentially does is close that loophole.”
I’m Running Again To Change Columbia
You Know Me
You know that I work tirelessly for our area and I put the needs of Spartanburg County families above everything else. I’ve always made constituent service my top priority.
You know that I’ve been working around the clock to pass conservative reforms in Columbia. I’ve helped pass spending caps to stop the politicians from wasting your money.I’ve helped pass government restructuring to eliminate waste. I’ve helped lower your taxes and stop the tide of illegal immigration in South Carolina.
You know that I won’t ever back down in the fight to protect Spartanburg County public schools. I’ve fought the special interests that keep trying to strip money from our schools. They’ve fought back, sent dirty attack mail against me, and now they’ve recruited another candidate to run against me. Don’t worry—I won’t back down. I’ll continue fighting for our students and teachers.
You know that I’ve fought to limit the power of special interest groups in Columbia. They have a power grip on government and they waste your tax dollars. That’s why I’ve sponsored legislation to increase transparency so that you know who is lining the campaign pockets of South Carolina’s politicians.
You know that I’ve worked hard to put south Carolina back to work. I know that our economy grows when government gets out of the way. That’s why I helped push what SC newspapers call “the largest tax reduction in state history.” The plan cut your taxes by $220 million dollars.
I’ve pushed common sense conservative change in Columbia, but I’m not nearly done fighting. We have to reduce our debts, cut our income taxes, eliminate waste, and produce an economic environment that creates jobs. That’s why I’m running for re-election.
I ask for your support.
Sincerely,
Keith
Kelly won’t support tax increase
I thought y’all would be interested in this article that ran today in the Spartanburg Herald Journal.
State Rep. Joey Millwood on Thursday introduced a bill calling for an independent audit of school districts across the state, as well as the Department of Education.
Millwood said Spartanburg School District 7 was not the sole inspiration for the bill, but its recently announced $325,000 deal with the Country Club of Spartanburg spurred him to put the legislation on the fast track.
“The things that have transpired in District 7 show the need for an independent audit,” said Millwood, R-Landrum. “Somebody has got to step up and look out for the teachers and the taxpayers.”
Millwood said District 7′s agreement with the country club – $200,000 up front and $5,000 a year for 25 years – and the addition of an assistant superintendent at $170,000 per year were out of line when teachers were being forced to buy their own supplies.
“I think there’s waste, and I think District 7 has opened a can of worms,” Millwood said. “All these rants and raves about all these districts being broke aren’t valid, and I think District 7 proves that. An independent auditor will dig into everything and show where the money goes.”
More than 30 co-sponsors have signed on to the bill, but none from the Spartanburg County delegation.
Rep. Keith Kelly, R-Woodruff, said he questions where the funding would come from for the audit. The bill requires the General Assembly to appropriate the money, but doesn’t specify a dollar amount. Read more
Local legislators back bill to limit spending
State Rep. Keith Kelly expects a bill that would cap increases in state spending to sail through the House.
The bill, introduced Thursday, would limit spending increases to a formula based on population growth plus inflation. A companion bill would increase the state’s general reserve account from 3 percent of the budget to 5 percent.
Kelly, R-Woodruff, said since the House has passed similar legislation on several occasions, he expects the bill to be on the fast track. He said what happens then is up to the Senate, where a similar plan was introduced earlier.
“I’m looking forward to the cooperation and leadership of our Spartanburg senators to get this passed and to the governor’s desk,” Kelly said.
Rep. Joey Millwood said the spending limit bill could be the most important legislation the General Assembly deals with this session. He said the current budget crisis makes it imperative that the bill becomes law.
Because of falling tax collections, about $1 billion has been cut from a budget that started at about $7 billion.
“From this point on, we cannot wait until it is too late,” said Millwood, R-Landrum. “We’re having all these cuts because there are no other options. If we put something in place now, we won’t find ourselves in this place in the future.”
Sen. Glenn Reese said the bill stands a better chance of getting through the Senate this year “because of the reality of the situation we’re in.”
Reese, D-Boiling Springs, said it’s important to implement a “reasonable” spending limit. But he’s not convinced it needs to become the law, and he drew the comparison to a family budget.
“We can’t box ourselves in,” Reese said. “There’s got to be some flexibility because every now and then you have to buy a new car or a new house.”
By Robert W. Dalton
GoUpstate.com
