Harvey Peeler

I-85, Exit 92 to honor Lance Cpl Christopher Fowlkes

Columbia, SC – February 7, 2012 – Senator Harvey Peeler today announced that the state Senate has passed S.1000, a concurrent resolution to memorialize a local hero.

Lance Cpl. Christopher S. Fowlkes, a United States Marine, was killed in action on September 10, 2009 in Afghanistan.

S.1000 notes that Lance Cpl. Fowlkes was assigned to the 2nd Light Armored Reconnaissance Battalion, 2nd Marine Division, II Marine Expeditionary Force, Marine Corps Base, Camp Lejeune, North Carolina. He served two tours, the first in Iraq and the second in Afghanistan. It also notes there being “no greater or more courageous sacrifice a man can make than to lay down his life for a noble cause, as Lance Corporal Christopher S. Fowlkes has done.”

Once S.1000 is agreed to by the House, Exit 92 on I-85 in Cherokee County will be named “The Lance Corporal Christopher S. Fowlkes Memorial Interchange.”

“In all my life, never have I seen so much pride and sorrow expressed at one time,” Senator Harvey Peeler said. “While we can never come close to repaying his sacrifice, this bill is one small way we can honor his courage and the courage of many other brave South Carolinians like him.”

Columbia, S.C. – The South Carolina Chamber of Commerce, the state’s unified voice of business, presented 54 South Carolina legislators with the third annual Business Advocate Award. The awards were presented January 17 at the South Carolina Chamber’s Business Speaks to members of the General Assembly who scored 100 percent on the Chamber’s 2011 Legislative Scorecard.

Business Advocate Award Winners:
Senate:
Senator Thomas Alexander (Oconee)
Senator Paul Campbell (Berkeley)
Senator Ray Cleary (Georgetown)
Senator John Courson (Richland)
Senator Ronnie Cromer (Newberry)
Senator Mike Fair (Greenville)
Senator Larry Grooms (Berkeley)
Senator Wes Hayes (York)
Senator Larry Martin (Pickens)
Senator Shane Martin (Spartanburg)
Senator Billy O’Dell (Abbeville)
Senator Harvey Peeler (Cherokee)
Senator Luke Rankin (Horry)
Senator Greg Ryberg (Aiken)
Senator Phillip Shoopman (Greenville)
Senator Danny Verdin (Laurens)

House:
Representative Mike Anthony (Union)
Representative Liston Barfield (Horry)
Representative Eric Bikas (Pickens)
Representative Don Bowen (Anderson)
Representative Bill Chumley (Spartanburg)
Representative Alan Clemmons (Horry)
Representative Kris Crawford (Florence)
Representative Bill Crosby (Charleston)
Representative Greg Delleney (Chester)
Representative Tracy Edge (Horry)
Representative Dan Hamilton (Greenville)
Representative Nelson Hardwick (Horry)
Representative George Hearn (Horry)
Representative Phyllis Henderson (Greenville)
Representative Bill Herbkersman (Beaufort)
Representative Bill Hixon (Aiken)
Representative Jenny Horne (Dorchester)
Representative Chip Limehouse (Charleston)
Representative Deborah Long (Lancaster)
Representative Phillip Lowe (Florence)
Representative Jay Lucas (Darlington)
Representative Peter McCoy (Charleston)
Representative James Merrill (Berkeley)
Representative Dennis Moss (Cherokee)
Representative Chris Murphy (Dorchester)
Representative Phil Owens (Pickens)
Representative Gene Pinson (Greenwood)
Representative Mike Pitts (Laurens)
Representative Tommy Pope (York)
Representative Murrell Smith (Sumter)
Representative Roland Smith (Aiken)
Representative Bill Taylor (Aiken)
Representative Anne Thayer (Anderson)
Representative Ted Vick (Chesterfield)
Representative Brian White (Anderson)
Representative Bill Whitmire (Oconee)
Representative Mark Willis (Greenville)
Representative Tom Young (Aiken)

“The South Carolina Chamber of Commerce is pleased to recognize these members of the General Assembly who are committed to advancing business issues at the State House. It is imperative we hold legislators accountable on votes that directly impact the competitiveness of this state. Recipients of the Business Advocate Award are a testament to the importance of improving the state’s business climate,” said Otis Rawl, president and chief executive officer of the South Carolina Chamber of Commerce.

The 2011 Legislative Scorecard tracked key legislative votes on issues, including economic development, tort reform, unemployment insurance, the Education and Economic Development Act, environmental regulatory relief, the port, jobs tax credits and more.

The South Carolina Chamber of Commerce, the nation’s first state chamber Accredited with Distinction by the U.S. Chamber, is the state’s largest statewide broad-based business and industry trade association representing more than 18,000 businesses and more than one million employees, with 90 percent of membership comprised of small businesses. As the unified voice for business and industry, the Chamber is a catalyst for increasing wealth and enhancing the state’s global competitiveness in order to improve the quality of life for all South Carolinians.

S.C. Senate Majority Leader Harvey Peeler discusses Gov. Haley’s State of the State address.

One of the biggest issues facing the S.C. Legislature this year is what to do about the state retirement plan.

Leaders of both houses, including Sen. Harvey Peeler (R-Cherokee), discussed this and other issues they will face during a workshop with reporters Thursday in Columbia.

The retirement plan as it exists today will become insolvent in the future — no one can say exactly when — so legislators will be looking at several changes including:
1. Years of service before benefits begin;
2. Employee contributions;
3. Benefit adjustments (cost of living increases) and;
4. Number of years before employees are vested.

One of the reasons the plan is in trouble is the ratio of active members to retirees has dropped from 3-to-1 in 1999 to 1.7-to-1 in 2010. Lawmakers are talking about increasing by 1 percentage point, to 7.5 percent, how much employees contribute toward their pension.

All is not doom and gloom, however. The overall financial picture for the state is much brighter this year.

In January 2011, lawmakers were lamenting an $850 million budget gap, due to the slow economy and the end of federal stimulus money. But South Carolina’s budget outlook for 2012-’13 is relatively rosy, even as other states continue to face budget deficits.

Budget advisors expect an additional $913.4 million in one-time and recurring revenue because of surplus from the fiscal year that closed June 30, along with more money coming in this fiscal year than legislators budgeted, plus continued growth.

Even after some key funding issues are covered — such as increases to employee health costs, Medicaid, and scholarship programs— legislators will have several hundred million dollars of additional revenue to allocate for 2012-’13, according to the state’s budget office.

Raises for state employees is a prime objective for several legislators.

“We can’t in good conscience just increase the rate of contribution (for retirement) without some acknowledgement and some giving on our part to increasing wages,” Cobb-Hunter said. “The bottom line is, we have got to recognize the sacrifices state employees have paid.”

Each 1 percent raise for state workers would cost $14 million. How much of a raise employees receive, if any, will be part of a protracted budget debate.

But don’t look for lawmakers to restore agency budgets to previous levels.

“We’re going to be on an Atkin’s Diet,” Peeler said. “If it isn’t red meat we aren’t eating it.”

Peeler wants to impose spending caps and continue the “fiscal fitness” course the state has been on.

“If we don’t have spending caps, they (referring to Democrats) will try to spend every dime we have,” Peeler said. “We need to pay down debt and return any excess to the taxpayers. Some of my colleagues think they know best how to spend your money. I don’t.”

In response to a question about funding for the new I-73 along the coast, Peeler said, “We need to take care of what we have first. We’ve got bridges on I-85 you can see through. Portions need to be widened. I will not go along with I-73 until we fix the problems on our existing roads and bridges.”

The senator from Cherokee also thinks the highway commission should be abolished and the Department of Transportation (DOT) made into a cabinet agency. He confirmed Sunday that he has pre-filed a bill to just that. It has been referred to the Senate Transportation Committee.

“Right now, four commissioners control everything. My commissioner might as well not show up for meetings,” he said.

Despite partisan barbs in some of the discussions, there was consensus on the 9-member panel that there is a problem at DOT and also that Gov. Nikki Haley has done a good job in economic development.

The director of the office of State Budget, Les Boles, told reporters that health care costs is the “elephant in the room.” The federal mandates known as ‘Obamacare’ will “hit all states hard.”

Courtesy of Gaffney Ledger

Spartanburg County leaders are hopeful children again will be playing at Cleveland Park at some point in 2012, although there are no set plans to get the park’s miniature train running again.

It’s been nearly 10 months since the train ride that’s run around the park for decades derailed, killing a 6-year-old Gaffney boy and injuring 28 others on board, including the driver. Although excessive speed was determined to be the cause of the wreck, broader safety concerns have stopped county leaders from re-opening the ride.

Parallel to safety fixes and improvements at the park itself are the legal battles working their way through the courts and state legislature to help families impacted by the deadly crash to pay piling medical bills. Those in the midst of the fight hope 2012 will bring some resolution.

The Parks Enhancement Plan
Playground equipment at Cleveland Park removed in May hasn’t been replaced yet as parks officials say drainage and erosion issues must first be addressed. The park, just off Asheville Highway, is one of 13 parks facilities that will be included in a “Parks Enhancement Plan” that will go out for bid to designers this month.

Interim Parks Director Jim Campbell explained that the plan will address cases of “deferred maintenance” at various parks, ranging from painting to more serious erosion issues. Campbell said the county must also address federal accessibility guidelines that many parks don’t currently meet.

Campbell said that about $60,000 was allocated for the design process, and he hopes to have a plan to present to County Council by late February.

“We’re committed to doing it right, and we’re committed to giving people in Spartanburg the best possible park experience that we can afford,” Campbell said. “We’re trying our best to provide a degree of equity so more people across the county have access to decent quality parks by investing money in those parks to make them better.”

At Cleveland Park, specifically, designers will look at ways to access the play area without putting children and parents in harm’s way by crossing a train track, as has been the case. Campbell said one possible concept is to build a bridge and ramp system that goes over the track.

Designers must also look at the safety of the train, tracks and trestle. Campbell said he’d like to see the county subcontract with the rail sciences firm that was hired last spring by the Spartanburg County Coroner’s Office to investigate and determine the cause of the March wreck.

Priority in the enhancement plan will be given to Cleveland Park. Campbell said he plans to utilize another $100,000 that is available in the Parks Department operating budget to begin work at that park once plans are in hand. At earliest, Campbell said children could be back on playground equipment by summer.

Running the train again
Spartanburg County Council Chairman Jeff Horton said that while the county is committed to reopening the Cleveland Park play area as quickly and safely as possible, there is no time frame on putting the miniature train back on the tracks.

“It’s still a very touchy subject for what occurred. We won’t open that train until everyone’s comfortable it is safe and nothing could possibly happen like what happened in March,” Horton said. “It’s hard to say when it will open or whether it will open again. No one in county government wants it open before it’s as safe as it possibly can be.”

The South Carolina Department of Labor, Licensing and Regulation has given the OK for miniature trains to run again after a brief state-wide shutdown after the Cleveland Park wreck, but trains must be re-inspected and fitted with a governor to control speed.

Benji’s Law, other legislation
In June, the state Senate unanimously approved a bill to further stiffen the regulation of miniature trains. Senate Majority Leader Harvey Peeler, R-Gaffney, was the primary sponsor of the legislation known as Benji’s Law, named for the 6-year-old boy who died after the derailment. Benji was the son of Corinth Baptist Church pastor, Dwight Easler, who was on the train that day, along with his wife and two other children.

The Gaffney church is home to 15 of the 29 people who were on the train when it derailed.

Benji’s Law would require miniature trains to have working speedometers and devices that would limit speed to the manufacturer’s recommendation or less. It also requires training for drivers and documentation of that training, as well as mechanical inspections of the trains.

The House will take a look at the bill in 2012.

“I don’t anticipate that having a problem passing,” Peeler said.

The more difficult task, Peeler said, is passing a bill that would cover mounting medical bills of families impacted by the derailment. A provision in the state’s Tort Claims Act limits damages assessed against the state and its subdivisions to $300,000 per individual or $600,000 per case.

The $600,000 total would be divided among all those hurt in the derailment, which Peeler acknowledged doesn’t begin to scratch the surface of the medical costs.

Peeler sponsored a bill that challenges the Tort Claims Act. It’s still in judiciary committee, and Peeler said he hopes to get a hearing early in the next session.

Even tougher, Peeler said, is seeing that a change in law would be retroactive to help the Cleveland Park families.

“Any right thinking person would agree the children of the Cleveland Park train tragedy should at least have their medical bills paid,” Peeler said. “The key is to keep attention on the issue and not let it fall by the wayside. It’s something that’s very, very important to our area in particular.”

Pending lawsuits

At least two lawsuits have been filed by families involved in the derailment.

Greenville attorney Michael Parham is representing Gaffney resident Misti Harris, whose two sons, Camden, 9, and Morgan, 5, were seriously injured in the crash.

Parham said medical bills are approaching $1 million for the Harris children alone. Morgan had two brain surgeries after the crash, and Camden has endured multiple surgeries on a leg that was nearly severed.

No resolution this year?
Parham said he doesn’t expect Harris’ case to be resolved in 2012, but he does foresee a series of hearings and various other motions to further the process. Parham said he intends to challenge the constitutionality of the Tort Claims Act and said he believes the $600,000 cap should be interpreted as being per person, not per incident.

“I do not anticipate there will be any way in which the action will be concluded during 2012 unless your legislators, house members and senators caucus together and attempt to pass not a change to the South Carolina governmental Tort Claims Act but pass a separate appropriations bill to cover the injuries and damages that these families and children have suffered,” Parham said. “I think there is nothing more unfair, unjust, just absolutely inhumane than allowing this state to mangle its citizens and get away with it.

Courtesy of Spartanburg Herald Journal

You’ve seen it, I’ve seen it, and now even one of South Carolina’s prominent newspapers is calling it like it is: the federal government has a strong anti-S.C. bias.

We’ve seen it play out over the past couple of months. First, we saw the the National Labor Relations Board attack Boeing for creating thousands of jobs in Charleston, before calling off its attack when the unions got what they wanted.

Then we saw a federal judge strike down key provisions in our immigration law, a law that would be completely unnecessary if the federal government actually did its job and secured our border!

Lastly, the U.S. Department of Justice blocked our voter ID law, which we passed to ensure the integrity of our future elections.

Three major blows to the people of South Carolina occurred over the past year, and these three attacks point toward a strong, anti-SC bias, especially with the block of our voter ID law. When states like Indiana and Rhode Island have had their voter ID laws in place for years, one has to question the federal government’s motivation.

Is the federal government really trying to uphold the Constitution or is this just a blatant display of the government at its worst?

If you have time, please read this Post & Courier article and see if you agree.

Global Energy Franchise today announced plans to establish a new manufacturing facility in Cherokee County. The new operations are expected to generate more than 200 new jobs over the next five years.

“We are pleased to move forward with our plans to establish a new manufacturing facility here. Cherokee County offered us an excellent business environment, a skilled workforce and a building that fit our needs,” said Desimber Rose, president of Global Energy Franchise.

Global Energy Franchise will locate its new facility in the former TNS Mills Textile Facility located at 210 Henson Road, in Blacksburg. The company will be adding equipment to the facility and expects to start manufacturing by the second quarter of 2012.

“South Carolina provides an excellent location for businesses to start up new operations and find success. We appreciate Global Energy Franchise’s decision to invest in Cherokee County and celebrate the more than 200 jobs they will create,” said Gov. Nikki Haley.

The company will provide solar system solutions to residents and businesses in South Carolina, with a comprehensive plan to manufacture and assemble photovoltaic panels for other companies around the United States and abroad.

“Today’s announcement will help raise South Carolina’s profile in the alternative energy market. Our state’s business-friendly climate continues to attract investments, like this one, that create new jobs in the manufacturing sector,” said Bobby Hitt, Secretary of Commerce.

Initially, there will be 81 jobs created, which will expand to more than 200 jobs over the next four years. Job-skills training will be conducted in partnership with SC Works, SC Vocational Rehabilitation, and Worklink.

Global Energy Franchise will begin the hiring process immediately. A job fair will be held tomorrow, in conjunction with SCWorks, at the Blacksburg Town Hall from 9 a.m. to 1 p.m.

From the Office of Gov. Nikki Haley

Courtesy of Post & Courier

The U.S. Justice Department has decided that it will not oppose South Carolina’s redrawing of state Senate election district lines, state Senate leaders said Tuesday.
The decision — which Senate President Pro Tem Glenn McConnell said he learned from a Monday letter from Justice officials — means that that the 46 districts may now be lawfully implemented. However, there are already plans to challenge them in court.

State Democratic Party Chairman Dick Harpootlian, a top lawyer who has handled similar cases in the past, said Tuesday he planned in the next two weeks to file a lawsuit challenging the validity of both the state House and Senate district lines.
“That will allow the process to go forward,” Harpootlian told The Associated Press Tuesday.

Because of South Carolina’s growth in the past decade, the population of each of the 46 Senate districts has increased to approximately 100,551 people, McConnell, R-Charleston, said.

In September, Justice Department officials questioned plans drawn by the South Carolina Senate for its districts, asking specifically about District 17, which now serves voters in Chester, Fairfield, Union and York counties. The American Civil Liberties Union had argued that the district could be drawn with a black majority, but the state Senate rejected that argument.

The Justice Department sought details on precinct-by-precinct voting tallies for state and federal offices dating to 2006 that included candidates’ race as well as voter demographics.

State Sen. Harvey Peeler has sent a letter to Gov. Nikki Haley asking her to remove the Occupy Columbia protesters from the State House grounds before the Governor’s Carolighting on Nov. 28.

“If you drive past the State House you will see tables, sleeping bags, coolers, folding chairs and even a port-o-john,” Peeler wrote to Haley in a letter dated Nov. 16. “I do not know how these items do not invade the public health, safety and welfare of our citizens and visitors to our State House.”

“In the very least,” Peeler continued, “please have this group complete an application for use of the State House grounds just as you did the Autism group last weekend.”
Peeler is the chairman of the State House Committee, which deals with security and other issues for the State House. The State House grounds, however, is under the jurisdiction of the state Budget and Control Board, of which Haley is the chairwoman.

Haley’s office has scheduled a news conference for 4 p.m. today, but did not say what it was about.

Courtesy of The Herald