Senate committee approves later school start

By SEANNA ADCOX
Associated Press

COLUMBIA - A bill meant to give parents more time with their children over the summer gained key approval Wednesday in a Senate committee.

The measure, which passed the House last month, prevents schools from starting classes earlier than the third Monday in August.

Schools with year-round schedules are exempt.

Critics say the measure takes away local authority.
"Parents have been heard," said Sen. Luke Rankin, R-Myrtle Beach. "This gives parents more time playing with their kids."

Rankin, the father of a second-grader and 4-year-old, has tried to pass similar measures for several years, but those never made it out of the Senate committee.

Parents organizing and calling their legislators made the difference this year, he said.

More than a dozen parents attended the meeting wearing red T-shirts advertising the group's Web site: http://www.savescsummers.com/.

Larry McKeown, a Columbia parent who founded the group which now boasts 5,000 members, said it's too hot in August for classes.

Recess was often canceled for his two children because the heat index was too high, and "school buses are steam rooms," he said.

Heidi Lorenzetti, parent of two children in Blythewood Middle, said the later start time will allow her family to visit relatives and attend family reunions in other states. While her children started school Aug. 8, their relatives didn't start until after Labor Day, she said.

All but eight of the state's 85 districts started the school year before Aug. 12. Seventeen started classes Aug. 4, meaning some teachers returned in July.

School officials have said they need more class time before standardized testing and want to end the first semester before winter break.

Rankin said Horry County's last-in-the-state start date - Aug. 29 - doesn't hurt its test scores. But other districts' earlier start dates hurt tourism in the coastal county, he said.

Though the tourist industry supports the bill, Rankin said the bill is about parents, not tourism.

Senators who opposed the bill said the state should not dictate when students return to school.

"This seems to be part of an assault by the Legislature on any local decision making," said Sen. Phil Leventis, D-Sumter.

School officials already have a difficult mission on limited resources, and their calendars should not be restricted, said Sen. Wes Hayes, R-Rock Hill.

Paul Krohne, executive director of the state School Boards Association, called Wednesday's vote disappointing.

"Educational improvement in South Carolina will happen not through the micromanagement by the General Assembly but one community at a time, as local leaders identify their individual needs and create the programs and structures that specifically address them," he said.

The committee also approved a bill that shortens the number of days third-through eighth-grade students take standardized tests, from four to three.

It also calls for a study of the costs, advantages and disadvantages of converting the pencil-and-paper tests to an online format.

Fewer students would be tested in science and social studies.

All students in two grades would be tested in those subjects, as required by federal law, but in the other grades, half the students would be tested in social studies and the other in science.

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House budget committee finishes work

By JIM DAVENPORT
Associated Press

COLUMBIA - A $6.3 billion budget and a couple of related spending bills are heading to the House floor.

The House Ways and Means Committee wrapped up work Wednesday morning on the spending package for the fiscal year that begins July 1. It puts new Highway Patrol troopers on the road, adds more nursing home beds for the state's aged and gives state workers a 3 percent raise.

But now comes a two week period when Gov. Mark Sanford will lobby legislators to dump much of the new spending in the legislation.

Sanford has been persistently urging legislators over the past few weeks to follow his budget priorities and principals. That included limiting spending to $5.9 billion by applying a cap on government growth, giving taxpayers a rebate of around $400 a household and repaying all the money raided from trust accounts during lean budget years.

The Ways and Means package avoids the cap Sanford wanted by not counting much of state public school spending or Medicaid programs and by using a supplemental bill packed with hard-to-vote against items, including nursing home beds.

The shortcomings Sanford sees left him sparring in the media and behind closed doors with legislators. That continued Wednesday.

After the committee's approval of three spending bills, Sanford released a statement saying "whether spending is in one bill, spread over three bills or spread over thirty bills, this budget is actually growing government by more than 11 percent on top of last year's budget which grew state government by 9.1 percent."

The budget also is at odds with a House Republican promise to pay back all the raided trust funds and curb government growth, Sanford said.

But it wasn't all sniping and fighting. Sanford said he met with Ways and Means Committee Chairman Dan Cooper on Wednesday morning to talk about possible budget amendments when floor debate begins.

On Tuesday, Cooper had said he had no plans to talk with Sanford about the budget.

The governor also called on the "many good conservatives in the House" to help him amend the spending package.

The budget package didn't clear the committee unanimously. Rep. Rex Rice, R-Easley, voted against the $6.3 billion budget, the $130 million supplemental bill and $102 million in spending from a rainy day account that wasn't needed in this fiscal year.

"I feel like we need to put some limits on ourselves and how much we spend," Rice said. "I don't think we have done that."

Legislators shouldn't be spending everything they can, Rice said. "We're running the biggest business in the state and every one of us sits on the board of this business," he said.

Some lawmakers already are preparing amendments. For instance, the House Democratic Caucus on Wednesday proposed increasing the state tax on cigarettes by 32 cents a pack, to 39 cents, to provide health insurance to more than 100,000 uninsured residents.

The initiative, part of a standalone bill and budget amendment, would help small businesses with fewer than 75 workers provide health care to their employees, said House Minority Leader Harry Ott, D-St. Matthews.

To qualify, employees and their spouses could earn up to 200 percent of the federal poverty rate, which is $32,180 for a family of three and $38,700 for a family of four.

Lawmakers have been reluctant to increase the state's tobacco tax, now the nation's lowest. Indeed, Rice proposed raising the tax to 37 cents a pack Tuesday, but his amendment failed with a 13-7 voted.

Still, Ott is hopeful.

"When we have an opportunity to take care of 40,000 children in this state, it's more important than politics," he said.

Frank Knapp, president and CEO of the state Small Business Chamber of Commerce, said affordable health care for employees is his group's top priority this year.

Clente Flemming, president of South Carolina Community Bank, said only 10 of his 25 employees can afford health care.

* * *

Bill would allow SLED to investigate disability abuse complaints

Associated Press

COLUMBIA - The State Law Enforcement Division would investigate neglect or abuse allegations for the disabled and mentally ill in South Carolina under a bill being discussed by lawmakers.

The two state agencies that care for the mentally ill and disabled have been criticized in the past because they investigate some claims themselves.

A two-year report by the group Protection and Advocacy for People with Disabilities found little or no outside oversight after it focused on adults served by the Department of Disabilities and Special Needs.

The report also found similar problems with the investigations of children and adults with mental illness, and called for legislation creating the independent investigative unit.

The Mental Health Department has an internal public safety division that looks into abuse and neglect claims.

Allegations involving the disabilities agency are reported to the long-term care ombudsman's office.

That office has asked the agency to look into some noncriminal claims because of funding shortages, DDSN spokeswoman Lois Park Mole said.

"We're very comfortable with having a special unit," Mole said. "We want our people to be safe."

The SLED unit would receive reports of mistreatment at these state agencies and facilities they contract with under the new bill.

But SLED Chief Robert Stewart cautioned that a proposed seven-person group might not be enough.

"The key to this is having a good law and the forces to enforce it," Stewart said. "From what I've heard, the concept that has been developed, if properly implemented and funded could make a difference."

Gloria Prevost, executive director of Protection and Advocacy For People with Disabilities, said the change is essential.

"Common sense says an organization can't investigate itself effectively," said Prevost, whose group is authorized by state and federal law to protect the rights of those with disabilities in South Carolina.

The SLED unit would investigate fatalities and also could refer calls to local law enforcement, the state ombudsman, or the Department of Social Services.

SLED would answer a 24-hour hot line where allegations could be reported.

"Independent investigators are standard operating procedure if you want to be sure you're getting impartial, unbiased information," said Dave Almeida, executive director of the state chapter of the National Alliance for the Mentally Ill. "The reason the bill is moving so quickly, it's a no-brainer."

There are two versions of the bill. The Senate version has received second reading, Prevost said.

* * *

Restaurant smoking ban moves forward in House

Associated Press

COLUMBIA - A ban on smoking in South Carolina bars, restaurants and recreational facilities is heading to the House Judiciary Committee.

A subcommittee that's met for weeks approved a heavily amended version of the bill Wednesday - two days after Dana Reeve, the nonsmoking wife of late Superman star Christopher Reeve, died from lung cancer.

Rep. Todd Rutherford, D-Columbia, and the bill's sponsor, says Reeve's death is helping the legislation he filed a year ago after learning of links between secondhand smoke and breast cancer.

"It is unhealthy, not only for patrons, but for the people who work there," Rutherford said. "I don't care if you smoke, but you ought to do it  outside."

The panel changed the bill Tuesday so that it now includes a variety of other locations, such as bowling alleys and bingo halls. The bill puts enforcement of the ban more in the hands of business owners and their staff.

Rep. Walt McLeod, D-Little Mountain, said it would be up to owners or staff to tell people to put their cigarettes, pipes or cigars out or ask them to leave.

If they did neither, they'd be obligated to call police under trespass laws, McLeod said.

Violators would face at least a $50 fine in magistrate's court, he said.

If the restaurant owner didn't act on a patron's complaint, the patron could seek a warrant against the owner. That could result in a fine of not less than $50, too, McLeod said.

McLeod says it's unlikely the bill will make it out of the full Judiciary Committee.

Rutherford hopes that is not the case. "It certainly deserves to see the light of day," he said.

* * *

Senate resolves adultery debate

By SEANNA ADCOX
Associated Press

COLUMBIA - A bill to reform the family court system received key approval Wednesday after senators resolved a long debate on how to handle adultery in divorce cases.

Under current law, a judge may withhold alimony from a spouse that commits adultery during the period of at least a year between the signing of separation and divorce papers.

Since most people receiving alimony in South Carolina are women, many men in pending divorces can commit adultery without penalty, while women risk losing the benefit.

The bill, as amended during debate, would allow judges to award alimony if the adultery occurs at least one year after the legal separation and did not contribute to the marriage's breakup.

The current law wasn't fair, some senators argued, including the Senate's lone female, Chester Democrat Linda Short.

She talked about a woman married for 22 years, whose husband left her more than a year ago to live with a younger woman. The wife can't get on with her life or even go on a date for fear of adultery allegations, while the husband is dragging out the divorce in hopes of catching her, Short said.

"It's just wrong for that sort of thing to happen," Short said Wednesday, a week after debate on the bill began.

Some senators argued that adultery is never OK and changing the law would weaken the chances for a couple to reconcile.

"I don't want to further undermine the most important institution in our state and society, the institution of marriage," said Sen. Chip Campsen, R-Isle of Palms. "The institution is battered enough by this society and generation. Here we are going to batter it again."

Short said she was not condoning adultery, but rather trying to prevent a spouse from abusing the system.

Senators eventually approved Short's amendment. Campsen then removed his name as a bill sponsor.

Sen. Robert Ford, D-Charleston, said the 45 men in the Senate need to at least listen to the chamber's one woman.

"We see (the issue) as men. ... It would do us well to listen to your perspective," Ford said. "When men in the General Assembly pass laws, they pass it so they can do their thing."

The Senate then passed an amendment by Sen. William Mescher, R-Pinopolis, that asks a judge to consider increasing alimony if the other spouse commits adultery.

Short said later that being the one woman does sometimes put her at a disadvantage. "It's hard for all of us to step outside of ourselves," she said.

Campsen successfully removed wording in the bill that allowed spouses to pay less alimony for a "short-term marriage" of less than 10 years.

Current law allows for a spouse to receive alimony until death. The bill would have reduced the number of alimony payments for marriages that don't last long.

But Campsen said that would create a rush to the courthouse before the 10th anniversary if there's any hint of marital problems.

Other parts of the Family Court reform package would take most disturbing schools offenses out of juvenile court and give them to school districts to handle, allow retired judges to volunteer as hearing officers and encourage mediation in divorce and custody cases.

The bill needs a third reading before heading to the House.

"I'm hopeful the House will act swiftly and families in crisis in this state will have a much more effective and less adversarial experience," said the bill's sponsor, Sen. Jim Ritchie, R-Spartanburg.

* * *

Insurance Department review measure heads to Senate

By JIM DAVENPORT
Associated Press

COLUMBIA - Legislation that would call for a review of how the Insurance Department uses its regulatory powers is heading to the Senate floor.

The Senate resolution was introduced as legislators questioned how the agency is handling rate filings and staff in the midst of pressure to pass sweeping changes in the state's workers' compensation laws.

On Wednesday, the Banking and Insurance Committee approved that legislation, although some question the need for a formal review.

The legislation implies the Cabinet agency "is doing something wrong," Sen. Scott Richardson, a Republican insurance executive from Hilton Head Island.

"I don't want to use an elephant gun to kill a rabbit."

But the review will give the agency an opportunity to demonstrate how it is protecting consumers and businesses, said Sen. Gerald Malloy, a Hartsville Democrat and lawyer who opposes the workers' comp overhaul.

Senate President Pro Tem Glenn McConnell, R-Charleston, agreed. "It's no indictment of them. I just want to know what's going on," he said. "This thing's like a rumor mill at this point."

McConnell and Malloy question whether insurers are allowed to reap profits by packing expenses into portions of their rates that the Insurance Department doesn't review or that the agency does not adequately review information insurers file.

Banking and Insurance Committee Chairman David Thomas, R-Fountain Inn, said the agency's handling of a rate filing by the National Council of Compensation Insurers and its review of the state's need to rely that group' s rate estimates convinced him of the need for a review.

"There is something that has gone wrong, desperately gone wrong, in what has taken place," with a filing that could drive up a key component of workers' comp rates by a third, Thomas said.

Still, Thomas said he doesn't want the review rushed.

The prospects of delay and uncertainty threaten the workers' compensation market in the state, Richardson said. "We need to do this quickly," he said.

Other senators said they want the review before they seriously consider the workers' compensation overhaul.

"I think we've got to have these questions answered," said Sen. Ronnie Cromer, R-Prosperity.

The measure now moves to the Senate floor. Only the Senate votes on Senate resolutions.

The House Labor, Commerce and Industry Committee is considering the workers' comp overhaul, but the committee has not met on the legislation this week.

* * *

Senate approves primary voting changes

Associated Press

COLUMBIA - The Senate has agreed to changes in the state's election laws that probably will head off a possible U.S. Justice Department challenge that had cast doubt on the June 13 primary.

The Justice Department had threatened to sue the state because current law setting runoffs at two weeks after the primary votes were counted did not allow military and overseas voters enough time to participate second round of balloting.

The bill, which won second reading last week, had set the federal runoff elections at four weeks after the primary, leaving the state runoffs at two weeks. It also set up a form of instant-runoff voting that allowed people to rank candidates as their first, second or third choice.

Sen. Larry Martin, R-Pickens, said Wednesday that the Justice Department "relented" on the runoff timing issue. "We go back to the two-week runoff time" with federal and state voting on the same day, Martin told the Senate.

The bill now also calls for all overseas voters - not just those in the military - to have an opportunity to vote in runoffs by fax or e-mail if they agree to waive privacy rights so election officials can handle the ballots, Martin said.

The bill now moves to the House. A House Judiciary subcommittee met on similar legislation Wednesday but took no action.

 

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