SC bill would yank driving privileges of dropouts

South Carolina students who drop out of school or skip too many classes would lose their driving privileges until they’re 18 under a bill back up for debate.

A House subcommittee is set to consider the bill Wednesday. It would suspend the driver’s license of teens who drop out, are expelled or accumulate more than seven unexcused absences.

Schools would be required to report the absences of 15- to 17-year-olds to the Department of Motor Vehicles. The idea died in the Legislature last year.

Republican Rep. Tom Young of Aiken calls the bill he authored a short-term solution to the state’s long-term problem of not enough students graduating.

In South Carolina, teens can begin driving at 15 with a permit. They can get a regular license at 17.

Courtesy of The Herald

State Owed Millions in Ethics Fines as Penalties Pile Up Over Nondisclosure

Penalties pile up over nondisclosure

By Stephen Largen
stephen.largen@shj.com

Published: Sunday, February 20, 2011 at 3:15 a.m.
Last Modified: Sunday, February 20, 2011 at 1:14 a.m.
A large group of current and former lobbyists, political candidates, university and elected officials owe the state more than $6 million in unpaid ethics fines and late penalties — an increase of about $4 million since 2009.

They are on the S.C. Ethics Commission’s debtors list and facing the fines because they have not filed mandatory statements of financial interest or campaign disclosure forms, according to the ethics commission.

Outstanding fine amounts range from $10 to $732,400, the latter being accrued by Richard E.R. Johnson, a former member of Eastover City Council. Johnson’s fines have been piling up for more than five years and he has refused to pay, said ethics commission attorney Cathy Hazelwood.

Hazelwood said those being fined have received ample warning. The initial late filing penalty for a missing ethics form is $100, and fine recipients are sent reminders to turn in outstanding forms.

After 20 days, the ethics commission sends a certified letter to the home address of the late filer, and the fine increases by $10 per day for the first 10 days, followed by $100 for each subsequent day.

Fine recipients are given the opportunity to submit letters of appeal to the nine-member ethics commission, but if no appeal is granted and ethics fines continue to go unpaid, the ethics commission eventually will file a complaint with the clerk of court in a debtor’s home county that seeks to have a lien placed on any properties the person owns.

Additionally, at the end of each calendar year, the ethics commission sends a list of debtors to the state Department of Revenue, which can garnish debtors’ wages if they file state tax returns.

A search of several national databases for Johnson’s telephone number yielded only disconnected lines, but he told the Charleston Post and Courier in 2009 that he was disabled in a workplace accident more than a decade ago and has not been able to work since. Johnson won a council seat in 2000 and lost his seat in 2006.

Hazelwood said Johnson has not filed a state tax return for many years. She said the ethics commission has no expectation it will ever see most of the money Johnson owes.

“There’s no way Mr. Johnson is going to able to do this,” she said.

According to the commission, as of Jan. 26, there were 105 other six-figure debtors.

Spartanburg County has three residents on the commission’s list. Those individuals, followed by their positions and debt amounts, are:

Earl A. Bridges Jr., former member of the S.C. State University Board of Trustees, $1,700;

Mike E. Dixon, commissioner of the Patriots Point Development Authority, $100; and

Derrick Pierce, former lobbyist for the Spartanburg Area Chamber of Commerce, $270.

According to the ethics commission, Bridges has not filed his 2010 annual Statement of Economic Interests, Dixon was late in filing the same form, and Pierce, who Hazelwood said lobbied for the chamber in 2005, also was late in filing the form.

Most of the individuals with outstanding debts to the commission are former public officials or political candidates, but some are current sitting officials.

They include:

Jonathan N. Pinson, chairman of the S.C. State University Board of Trustees, $100;

Joyce A. Blackwell, vice president of academic affairs at S.C. State University, $2,200;

Patricia H. McAbee, member of the Clemson University Board of Trustees, $100; and

Timothy F. Norwood Sr., member of the Francis Marion University Board of Trustees, $1,700.

Hazelwood said the money the ethics commission receives from fines is used for purposes including rent, supplies and computer contracts — everything except personnel costs.

Room for reform?
Since a law capping late-filing fines for a single form at $500 was lifted in 2003, legislators have attempted to reform the commission’s fine system.

In each instance, the cap-reinstating legislation passed only one chamber of the General Assembly or was vetoed by former Gov. Mark Sanford.

Legislators will have another opportunity to rein in fine amounts in the current session.

House Bill 3183, which would limit late-filing fines to $5,000 per form, was prefiled in December and has been referred to the House Judiciary Committee.

The bill also proposes that first and second late-filing offenses may be tried in magistrates court after the maximum fine has been levied, with the possibility of jail time upon conviction.

According to the legislation, should an offender reach the maximum fine amount, he or she would be guilty of a misdemeanor triable in magistrate court for a first offense, and upon conviction would be fined up to $500 or receive up to 30 days in jail.

Subsequent offenses would combine misdemeanor guilt with harsher penalties.

For a second offense, an offender would be fined between $2,500 and $5,000 or receive no less than 30 days in jail.

For a third or subsequent offense, an offender would be fined up to $5,000 or jailed for up to one year, or both.

State Rep. Tom Young, R-Aiken, introduced the bill and said it was drafted by the ethics commission.

“I do think the cap would improve the collection rates,” Hazelwood said in an e-mail message. “Certainly a late-filing penalty could be large if you needed to file multiple forms, but it couldn’t be $750,000 large. We have wanted a cap since the law changed in 2003.”

John Crangle, executive director of the watchdog group Common Cause of South Carolina, said a cap on fine amounts is a good start. He also said there should be other mechanisms put in place to help the ethics commission collect on fines such as the filing of lawsuits, turning over the fines to a collection agency or allowing offenders to negotiate a debt settlement with the commission.

“I don’t see the kind of aggressive debt collection that’s needed,” he said. “The ethics commission is terribly under-resourced. Certainly they could use the money because they need to expand their staff.”

House GOP Approves Voter ID

COLUMBIA, S.C. — South Carolina’s House Republicans ushered the “Voter ID” legislation through the House today on a party-line vote.

“Protecting the integrity of the election system of South Carolina is the goal of this bill,” said Rep. Alan Clemmons, R-Myrtle Beach. “Voting is a constitutionally protected right and cannot be abridged. Four out of every five Americans supports showing a picture identification to vote. The House Republicans are fighting to ensure fair and secure elections in this state.”

For the last two years, the House Republicans have approved Voter ID – one of the top agenda items for the S.C. Republican Party. The legislation requires voters to show a government-issued picture identification (a driver’s license, passport, or military ID) to prove their identity when they vote. It also requires creation of a new voter registration card with a photograph. The fee for a state picture ID card is waived until the state can issue free voter registration cards with a photograph on them.

Despite rhetorical hyperbole of Democrats, the Voter ID legislation approved today has nothing to do with voter suppression or abridging someone’s right to vote. Under the current system, all you need is a voter registration card with your name and address.

“It is not the intention of the Republicans to disenfranchise anybody. As Republicans and elected officials, we want every legally eligible person to vote,” said House Majority Leader Kenny Bingham. “A strong electoral system, where the integrity of each vote is beyond reproach, is what makes our democracy strong. This legislation will ensure that in our state.”

Similar Voter ID laws in Georgia and Indiana have been upheld by the Department of Justice and the United States Supreme Court. The bill approved today mirrors the legislation approved by the House Republicans in 2009.

“Do we have to wait until we have proof of widespread fraud before we close a loophole that we know exists,” asked Rep. Bruce Bannister of Greenville, the Assistant Majority Leader. “Without secure elections, our entire political process is compromised.”

The Voter ID legislation will now go to the Senate, where a similar bill is currently on the calendar.

The approval of the Voter ID legislation marks the second agenda item approved by the S.C. House Republicans in three weeks. Two other items – the Higher Education Transparency and Tort Reform bills – are set to receive committee hearings this week.

COLUMN: Young outlines his plans for session

On Tuesday, the General Assembly will convene for the 2011 legislative session. I will attend representing House District 81 (large portions of Greater Aiken and most of Graniteville, Warrenville, and Vaucluse). The coming year will be one of the toughest budget years that we have faced as a state in at least a generation. Like you and me, the State will have to make sacrifices and cuts to address budgetary shortfalls. While many of us may be fearful and uncertain about the challenges in the year ahead, we must resolve to face and solve our problems now and not delay at the expense of our children’s future.

As to the upcoming legislative session, I am ready to get started. We have much to accomplish in the areas of strengthening our economy; improving education; controlling spending; reforming our tax structure; strengthening the state retirement system; fixing our road and bridge infrastructure; reinforcing transparency with roll call voting; and restructuring state government. The recent recession and budget cuts will make the task difficult but I am determined to make a difference for our district and our state. I look forward to working with Governor-elect Haley and our two newly elected State Representatives from Aiken County Bill Taylor and Bill Hixon.

In the new session, I am sponsoring or cosponsoring several bills that will address areas of concern to voters in our district. I am cosponsor of the roll call voting bill. Additionally, last month, I prefiled 18 bills as primary sponsor including bills that will do the following:

* Shorten the legislative session.

* Allow the appointment by the Governor of the State Treasurer; Secretary of State; Superintendent of Education; Comptroller General; Agricultural Commissioner; and Adjutant General.

* Require the Governor and Lt. Governor to run together as a ticket.

* Reduce the number of school districts statewide by setting a mandatory minimum number of students that a district must have to receive state funds.

* Reduce the high school drop out rate by requiring school attendance or early graduation as a condition to drive a motor vehicle before the age of 18.

* Impose mandatory jail time for criminal solicitation of a minor child.

* Create a state income tax deduction for a portion of long term care insurance premiums as an incentive to purchase long term care insurance.

* Require state agencies to report any “carry forward” “other funds” appropriations to the General Assembly by a certain date so that the amount of and purpose for “carry forward” funds are known to lawmakers and the public;

* Mandate zero base budgeting to be used in the state budget process.

Both to keep citizens informed and to get feedback from concerned residents, I prepare and send out a Weekly Legislative Update by email. During the past year in response to many of those updates, concerned citizens provided me good ideas and assisted me in developing issue positions. If you would like to receive that email, please let me know at TomYoung@schouse.gov.

In the coming months, I plan to have town meetings in different parts of the district to stay in touch with you. We are working on dates and locations now. These will be announced in the paper as they come up and I encourage you to attend.

Thank you for the privilege and the opportunity to represent you. Together, we can get through these tough economic times and make our State Government more efficient; effective; and accountable.

Rep. Tom Young represents House District 81 in the South Carolina House of Representatives. He is an attorney and lives in Aiken.

Courtesy: Aiken Standard