Harvey Peeler

Cherokee Senator Harvey Peeler has introduced a bill that will specify standards for permits regarding miniature trains. He has named it “Benji’s Law,” in honor of Benji Easler, the six-year-old Gaffney resident who was killed when a county park amusement train he was riding was operated too fast and rolled off of the tracks. The passengers were thrown into a rocky creek bed.

Peeler says, “Sometimes the state has to step in and ensure safety standards. This is one of those times.”

A coroner’s investigation into the accident reports that the train worked well, but that the operator was driving almost three times the recommended speed of 8 mph around a steep turn. Twenty-seven others were injured in the wreck.

According to Peeler’s office, the bill would ensure such rides have:

• A properly operating speedometer

• A device that allows the speed of the train to be regulated at or below the maximum speed recommended by the manufacturer.

• Trained operators driving the ride in accordance with the manufacturer’s operation recommendations, plus stricter standards for driver testing and permits,

• A speed test of the train to ensure that the train is operating in accordance with the speed governor, among other regulations.

A handful of miniature train rides are operated around the state.

Courtesy of the South Carolina Radio Network

An Upstate lawmaker has introduced legislation seeking to stiffen the regulation of miniature trains in the wake of the deadly Cleveland Park crash.

Senate Majority Leader Harvey Peeler, R-Gaffney, on Thursday introduced Benji’s Law – named in honor of the 6-year-old Gaffney boy who died during the derailment on March 19. Peeler said the Rev. Dwight Easler, Benji Easler’s father, helped craft the legislation.

On Monday, the Spartanburg County Coroner’s Office announced it had concluded speed was the lone cause for the crash, which also injured 28 people on board, including the driver, Matt Conrad. Conrad’s attorneys have disputed those findings.

At least one member of Spartanburg County Council also has complained about a lack of documentation with regard to the training local miniature drivers received, and the absence of a device that would restrict the top speed of the train that crashed.

The S.C. Department of Labor, Licensing and Regulation, which had shutdown the operation of miniature trains statewide after the crash, already is requiring such rides to be re-inspected and equipped with a governor to limit speed before resuming operation.

Peeler’s legislation would require miniature trains to have working speedometers and devices that would limit speed to the manufacturer’s recommendation or less. If passed, the bill also would require training for drivers and documentation of that training, as well as mechanical inspections of the trains.

State inspectors already examine such rides, but a LLR worker resigned after admitting to falsifying the inspection report for the Cleveland Park train that crashed. Because of a dead battery, that inspector didn’t actually take Sparkles, the red-and-gray train, for a test run to check its speed.

“Really, it’s a tragedy that this wasn’t in place before the accident,” Peeler said, calling the changes “common sense.”

On Monday, Easler said he wants to ensure nothing like this happens again, and that he still holds out hope officials will help families struggling to pay medical expenses incurred as a result of the crash. State law limits the amount of money those families can recoup to $600,000. Earlier this week, Peeler said legislation designed to help those families financially wouldn’t likely pass this session.

Peeler said he hopes to get Benji’s law out of committee next week, saying the only obstacle in front of the bill is the amount of time remaining in this session.

“We may run out of time, but we won’t run out of effort,” Peeler said.

Source

Senate Majority Leader Harvey Peeler today introduced a bill that will specify standards for permits regarding miniature trains, like the one that derailed in Spartanburg County. Named, “Benji’s Law,” it’s in honor of Benji Easler, a Cherokee County six-year-old who was killed when the train left the tracks in March. He was at Cleveland Park with his church group, led by his father, Reverend Dwight Easler.

“To lose a life like Benji’s is a tragedy. We must do what we can to make sure this never happens again,” Peeler said. “Sometimes the state has to step in and ensure safety standards. This is one of those times.”

A recent report said that the reason the train derailed was because of operator error — mainly, it was going too fast and wasn’t undergoing proper maintenance and inspections. An investigation by local television station WSPA in March found that a maintenance report hadn’t been filed since October, and the Department of Labor, Licensing and Regulation inspector was fired after filing falsified reports. There were also “persistent brake and wheel failures” that were supposedly fixed but continued to occur each year. In regard to the conductor, the investigation discovered, “his duties included ‘inspect train and check tracks.’ And ‘knowledge of engine mechanics helpful’ but not required.”

The bill would ensure:

* The ride must have a properly operating speedometer.

* The ride must have a device that allows the speed of the train to be regulated and the speed of the train must be set so as to only operate at or below the maximum speed recommended by the manufacturer.

* All drivers operating the ride must be trained to operate the ride in accordance with the manufacturer’s operation recommendations; a training record for each driver must be maintained by the owner or operator of the ride as long as the driver is employed by or operates the train on behalf of the owner or operator; and each driver must be tested by the department before the driver is authorized to operate the train; a driver employed to operate the train, or who will operate the train on behalf of the owner or operator, subsequent to the department issuing the permit or renewal permit does not affect the validity of the permit, so long as the driver does not operate the train until the driver has been tested by the department.

* The ride must be inspected mechanically, including, but not limited to, a speed test of the train to ensure that the train is operating in accordance with the speed governor, and in accordance with this chapter or regulations promulgated pursuant to this chapter, but in no case less than an annual inspection.

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At a news conference at the State House on Wednesday, Senate Majority Leader Harvey Peeler joined fellow lawmakers as Gov. Nikki Haley signed into law a requirement that voters present photo identification to cast a ballot, which will secure secure South Carolina’s elections and remove doubt about what is the true will of the people.

“We’re happy to follow up a year of strong conservative accomplishments with Governor Haley by securing South Carolina’s elections,” Peeler said. “When the liberal Obama administration fights this law, we will stand with Governor Haley to fight back as we did against ObamaCare and the union advocates.”

Peeler said progress of the bill through the Senate would not have been possible without the leadership of Senate President Pro Tem Glenn McConnell and Sens. Chip Campsen and Ray Cleary. He also thanked the legislation’s chief sponsor, Rep. Alan Clemmons, and the hard work of Speaker of the House Bobby Harrell.

Passage of the voter ID bill was a major priority of Gov. Nikki Haley and both Republican legislative caucuses.

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New law ensures election integrity

COLUMBIA, S.C. – Governor Nikki Haley today signed into law H 3003 the Voter ID bill during an afternoon press conference at the Statehouse. The governor was joined by members of the General Assembly and grassroots activists from across South Carolina.

Video of the press conference is available here.

Gov. Haley said, “It’s another great day in South Carolina. The reason it’s a great day is because we continue to improve South Carolina in terms of integrity, accountability and transparency. This new law is very important, not just for South Carolina, but because I have heard from people across the country about how impressed they are that we took it upon ourselves to secure the integrity of our election process. If you have to show a picture ID to buy Sudafed, if you have to show a picture ID to get on an airplane, you should show a picture ID when you vote. There were a lot for people that made this come together – and I want to thank, in particular, grassroots activists from around the state, House Speaker Bobby Harrell, Senator Harvey Peeler and State Rep. Alan Clemmons.”

House Speaker Bobby Harrell said, “Today is a victory for everyone in South Carolina who has been working to eliminate fraud and make our state’s election process more secure, especially now since the United State’s Supreme Court has held Voter ID as constitutional. With the bill becoming law today, I hope the Department of Justice will move swiftly in granting our state’s secure election law the same preclearance they gave to Georgia’s Voter ID law last year. That way all South Carolinians can go to the polls this next Election Day knowing their vote has not been compromised.”

Senate Majority Leader Harvey Peeler said, “We’re happy to follow up a year of strong conservative accomplishments with Governor Haley by securing South Carolina’s elections. When the liberal Obama administration fights this law, we will stand with Governor Haley to fight back as we did against ObamaCare and the union advocates.”

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Rob Godfrey

Press Secretary | Office of Governor Nikki Haley

O: 803.734.5074 | C: 803.429.5086

Sen. Harvey Peeler joins Gov. Nikki Haley when she signs the Voter ID bill into law. What a great achievement for the state of South Carolina in preserving and protecting the integrity of its voter system.

Governor Nikki Haley will hold a Voter ID bill signing ceremony in the first floor lobby of the Statehouse on Wednesday, May 18, at 12:15 PM. The governor will be joined by members of the General Assembly and grassroots activists from across South Carolina.

WHO: Gov. Nikki Haley, members of the General Assembly, grassroots activists

WHAT: Voter ID bill signing ceremony

WHEN: Wednesday, May 18, 12:15 PM

WHERE: First floor lobby, S.C. Statehouse

South Carolina’s Senate Republicans have re-elected Gaffney Sen. Harvey Peeler as their majority leader.

Peeler was unopposed in Wednesday’s election that came on a voice vote.

Peeler has been majority leader since 2005 when Senate Finance Committee Chairman Hugh Leatherman of Florence resigned in a power struggle with Peeler.

Republicans have controlled the Senate since 2000 and have a 27-19 majority.

Peeler said he wanted to wait for an election until after Republican Sen. Greg Gregory was sworn in Tuesday and the Senate’s 46 seats were filled.

Courtesy of The Herald

Eight state legislators are asking leaders of York County’s museums to open up about an abandoned deal to build a new county museum along the Catawba River in Fort Mill.

A signed statement urges the museums’ leadership to release any documents related to the organizations formed, partnerships made and money spent on a planned development whose proceeds would have paid for the new museum.

Members of York County Council, some museum commissioners, and state Rep. Ralph Norman, R-Rock Hill, have already publicly requested more information.

Now state leaders are pledging their support for the York County Council in its effort to find out more, said Norman and state Rep. Gary Simrill, R-Rock Hill.

“The residents of York County and those who support the museum need to know answers,” Simrill said. “Every time someone asks a question, instead of leading to answers, it leads to more questions.”

“All of that needs to be brought into the sunshine,” he said.

With Norman and Simrill, state lawmakers who signed the statement were Sens. Wes Hayes, R-Rock Hill, and Harvey Peeler, R-Gaffney, and Reps. Tommy Pope, R-York, Dennis Moss, R-Gaffney, Deborah Long, R-Indian Land, and Greg Delleney, R-Chester.

The statement urges museum leadership to fulfill the request “to maintain the public trust and confidence of the organization.”

The museums’ long-term success depends solely on “the taxpayers, volunteers and donors who have steadfastly given on their time, talent, and financial resources in hopes of securing the future viability of the museum,” it reads.

In 1998, 400 acres along the Catawba River and bordered by Interstate 77 and Sutton Road in Fort Mill were donated to the foundation.

In 2006, the Culture and Heritage Foundation struck a deal with a developer to build a mixed-use community along the river in Fort Mill on 330 acres, saving the remaining land for the new museum site.

The project collapsed because of the economy, museum and foundation leaders claim. Now the foundation and a subsidiary it created to manage the deal owe $3.78 million to a partner who exited the project.

Pope has noticed a “general concern” in the community about what happened in the deal. The issue has had a divisive effect, he said.

He’s ready to see the issue addressed.

“If there is not an issue, then let’s just have full disclosure,” he said. “If it ends up being a bad business deal and that’s all, let’s recognize it for what it is and move on.”

The Culture and Heritage Foundation has a meeting scheduled later this month to discuss how to proceed, said Carol Maroska, president of the foundation.

“As stated before, I will take direction from the full Trustee board at our meeting on April 26th; however, my sense is that we are all very motivated to providing additional information,” Maroska wrote in an email to The Herald.

Courtesy of The Herald

Senate Majority Leader Harvey Peeler represents Gaffney, home to many  of the victims of a recent amusement train wreck. The crash happened in  a city park, with a growing list of possible causes. In the meantime,  the families who were injured are worried that they cannot pay their  medical bills.

In this case, if the government must pay, then only $600,000 would  be divided among 27 people for medical bills. So Peeler (R-Cherokee) has  filed a bill to lift the limit on medical expenses that government  agencies would have to pay if liable for injury. Peeler asked that the  members of the Judiciary Committee look over his bill to make sure “it  does what it needs to.”

<a href=”http://www.southcarolinaradionetwork.com/wp-content/uploads/2011/04/1PeelerCap1.mp3″>AUDIO: Peeler says it is an example of the unfairness of SC tort laws (:21)</a>

One family lost a child in that wreck, which is still being investigated.

In keeping with his push for tort reform for punitive damages,  Peeler’s bill would lower the amount to be awarded for pain and  suffering.

Courtesy of the South Carolina Radio Network