Category Archives: South Carolina

What about Ken Wingate?

When I first heard Ken Wingate was being appointed to fill in as interim treasurer, I had these thoughts:

  • He’s a good guy, a good choice. I first came to know him during the epic battle to outlaw video poker; he helped run the "vote No" campaign on the referendum that never happened. I believeWingate
    that campaign’s efforts is what caused video poker to panic and sue to stop the vote — which backfired and ended up in the industry’s being banned. He then ran for governor, which was overreaching for a guy who hadn’t held public office before. But when he was knocked out in the 2002 GOP primary, he got behind nominee Sanford, and eventually headed the governor’s MAP commission, in the early days when we still had hopes for the Sanford administration.
  • He’s a morally and socially conservative family guy — a real one, instead of the phony one that Thomas Ravenel tried to project in last year’s election — and there’s one thing I can say with certainty: We won’t see Ken Wingate rolling up our money to snort stuff up his nose.
  • What was the hurry? The governor should not have acted so precipitously; it seemed like he was picking the first guy who said "yes." This was a great opportunity to show that the governor would do a better, more thoughtful job of hiring a treasurer than we could get through popular election, and rushing the job was no way to give that impression. But I was apparently wrong (remember, I’m describing first impressions here). Somebody had to be in that seat to sign checks, starting right away. So, good one there, governor.
  • One other concern, and this one remains. The governor didn’t necessarily need to pick one of the people who had run for the office; in fact, this was a good opportunity to go beyond that self-selected group — even though Greg Ryberg would have been fine for the job. But what about a professional — someone who already knew the workings of the office and could keep it running smoothly during this temporary period, thereby avoiding upsets to the important but highly routine work it must do? Why an outsider? I could see if you had specific plans for changes, and wanted a new broom. But you don’t do that with a temporary appointment (the Legislature could appoint someone as early as today if Ravenel resigns). Why introduce two jarring disruptions in a brief period? That’s not good management. As fine a pick as Wingate is personally, the message sent by such a decision is troubling. Here’s the connotation: Someone from the private sector is always better than an experienced public servant (read that "bureaucrat," and make a face like you smell something), whether he knows anything or not, and even if he doesn’t have time to learn where the men’s room is before he’s gone. It suggests a carelessness with regard to the public good, the making of an ideological point ahead of efficiency and accountability. This is just a small caveat right now, and I suspect Mr. Wingate will do a fine-enough job that he will soon put it out of my mind. But for now, I make note of it.

I’ll come back later and comment on the nasty things the Democrats are saying about Ken. (NOTE: Earlier, this paragraph said "later today." The way the day’s been going — those videos took a while — it might be more like tomorrow.)

Who are those ‘House leaders?’

As you might have seen on today’s page, Paul Hyde of The Greenville News took to task "Three top House leaders" without naming them. He’s apparently referring to the House conference committee members on the budget: Ways and Means Chairman Dan Cooper, Rep. Tracy Edge and Rep. Denny Neilson. He says that they "just decided not to show up for work two days last week."

It’s true that every individual is ultimately responsible for his or her own behavior. But the fact is that the three conferees didn’t actually "just decide" not to negotiate details of the budget. They were told not to by House Speaker Bobby Harrell.

Or so I’m told, and it stands to reason. Unless Bobby has been denouncing them publicly for doing this, and I somehow missed it.

Update from Capt. Smith

From: James Smith
Sent:

Thursday, June 14, 2007 10:24 AM
To: Warthen, Brad – Internal
Email
Subject: RE: Checking
in

Brad:

Thanks for the email — I have several
updates in the works – they seem to come in spurts as time
permits…

… 
Its has been round 124 degrees these days —  lots happening lately — and
definitely a lot to write about…  Just saw some Portuguese commandos returning
from Helmand – they got ambushed on the road returning to KEF at a distance of
10 to 20 meters — one RPG round went through the passenger window – the tail of
the rocket glanced off the metal from the door frame redirecting the rocket
through the front window ballistic glass — shrapnel tore up the front
passenger’s face and neck and slightly wounded the driver – they will be ok… 
yesterday [an ISAF soldier] was killed by a suicide bomber in Kandahar and a bunch of
other stuff that I am not sure gets back there — we have now deployed several
teams and more are heading out soon.

I have missed being at the House —
I look forward to returning — I think it will be hard…  Hard to listen to
some of the same excuses for not doing so many of the things that need to be
done … could go through the list but you know them all…

All is well
here …

Smith

James E. Smith, Jr.

Here he comes

Just got this e-mail:

IN CASE YOU MISSED IT:
Former U.S. Senator Fred Thompson
to address South Carolina
Republican Party leaders

    Thompson will join SCGOP Chairman Katon Dawson, others for lunch in Columbia
    COLUMBIA, S.C. – The South Carolina Republican Party today announced former U.S. Senator Fred Thompson (R-TN) as the featured speaker for a roundtable discussion and luncheon on Wednesday, June 27, 2007, at the Clarion Town House Hotel in downtown Columbia.
    “Sen. Thompson has a long and distinguished record of public service, and we’re honored he’ll join us in Columbia,” said South Carolina Republican Party Chairman Katon Dawson.  “Republican leaders from across our state look forward to the opportunity to discuss with Sen. Thompson important issues facing South Carolina and the nation.”
    Sen. Thompson represented his home state of Tennessee in the U.S. Senate from 1994 to 2003 where he was chairman of the Committee on Governmental Affairs.

     ***MEDIA ADVISORY***
    WHO: Fred Thompson
    Former U.S. Senator (R-TN)
    WHAT: Roundtable discussion and luncheon
    WHERE: Clarion Town House Hotel
    1615 Gervais Street
    Columbia, South Carolina

Anderson celebrates what little there is to celebrate

A colleague points out the editorial in which the Anderson paper over the weekend celebrated the demise of efforts to slip the whole taxpayers-subsidize-private-schools thing into the open enrollment bill. An excerpt;

    An attempt to further frustrate improvements in public schools in South Carolina was defeated in the Senate last week. The addition of private school vouchers to a bill allowing open enrollment within the public school system was dismissed nearly two-to-one, according to published reports. Debate continues on the original proposal, despite this latest pass at – and latest failure of – supporting private education with public money.

That’s good. But isn’t it a shame how, in South Carolina, we almost never get to celebrate any really good, bold, positive measures passing our Legislature — such as real DOT reform, or a comprehensive tax revamp, or addressing the profound problems in the Corridor of Shame, or setting local governments free to govern locally, or anything really helpful.

No, the best we get to do is celebrate when something really, really awful fails to pass.

Sad.

One thing Lindsey Graham does NOT have to worry about

Lindsey Graham may have ticked off a lot of the Republican base lately — some correspondents on this very blog swear they’ll never support him again — but there’s one thing I don’t think he has to worry about: A Democratic run by Robert Barber. Anyway, this blogger thinks otherwise:

Most recently, Robert Barber Jr. was the top vote-getting Democrat in South Carolina’s 2006 elections.
His 540,306 votes (or 49.79%) fell just 3,108 votes shy of defeating
incumbent Republican Lieutenant Governor Andre Bauer. Barber even
outpaced the Democratic gubernatorial candidate by about 5%. It’s
possible that Barber might even be South Carolina’s Lieutenant Governor
today if his campaign wasn’t distracted about two weeks before Election
Day by a tragically unexpected kitchen fire in the restaurant run by Barber and his family, and originally opened by his grandparents in 1946.

Robert Barber is a really nice fella, if a little colorless. But hey — he couldn’t beat Andre Bauer, and he’s going to take on Lindsey "Meet the Press" Graham? I don’t think so.

By the way, I don’t know what Mr. Barber’s position on immigration is, if he has one.

First days on the Kandahar front

Smithwrite

Capt. James Smith of Columbia, with whom I spoke yesterday, is spending his off-hours in the hooch at Kandahar Airfield sending pictures and notes to family and friends back home, and is kind enough to include me on the list.

I will continue to share them with you,Truckride
as a way of helping us all remember what these guys are going over there for us. Chuck Crumbo is there covering the main body of the 218th at Camp Phoenix. I can’t hope to match that kind of immediacy from my desk in Columbia. But as long as Capt. Smith keeps sending them, I think his dispatches will provide a very different view of a very different mission.

Capt. Smith is a member of a small team that will be embedded with an Afghan Army unit near Kandahar — the place from which the Taliban conquered the country back in the 1990s, and a place the Taliban would like to have back. As I was writing this, the AP reported from Kandahar Airfield that a NATO helicopter had gone down, and the Taliban claims "credit." I wrote to Capt. Smith to see what was going on, and am still waiting to hear back. Keep him and all the men in Team Swamp Fox in your prayers.

Here are his most recent reports. As you can tell by the sheer frequency of them, he is very pumped to be there:

I’ll keep posting them as I get them.

Smithzeroed

Message, votes on ATV bill

Here are details on the sustained ATV bill veto, starting with the governor’s message:

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
May 15, 2007

The Honorable Andre Bauer
President of the Senate
State House, 1st Floor East Wing
Columbia, SC 29202

Dear Mr. President and Members of the Senate:

(R41, S348 <http://www.scstatehouse.net/cgi-bin/web_bh10.exe?bill1=348&session=117> ( Word <http://www.scstatehouse.net/sess117_2007-2008/bills/348.doc> version))) — Senators Hutto and Land: AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER’S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES INCLUDING A REQUIREMENT THAT A PERSON FIFTEEN YEARS OLD OR YOUNGER WHO OPERATES AN ALL-TERRAIN VEHICLE MUST POSSESS A SAFETY CERTIFICATE INDICATING SUCCESSFUL COMPLETION OF AN ALL-TERRAIN VEHICLE SAFETY COURSE, AND MUST WEAR A SAFETY HELMET AND EYE PROTECTION WHEN OPERATING AN ATV, MAKING IT UNLAWFUL FOR A PARENT OR LEGAL GUARDIAN TO KNOWINGLY PERMIT HIS CHILD OR WARD UNDER AGE SIX TO OPERATE AN ATV, AND PROVIDING FURTHER RESTRICTIONS WHEN OPERATING AN ATV ON LANDS THAT ARE OPEN TO THE PUBLIC THAT ALLOW OPERATION OF AN ATV, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES BEGINNING WITH CALENDAR YEAR 2007, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10A SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.

I am hereby vetoing and returning without my approval S. 348, R-41.

I have met and spoken with Chandler’s parents several times over the last two years regarding the background of this legislation and their position on the bill, and I am genuinely sorry for the profound loss they have experienced.

In the course of these discussions, I have come to admire Steve and Pamela Saylor for honoring Chandler by setting up a scholarship fund and working on this legislation. However, as commendable as their work is, I find myself in the same position on this bill that I took last year. I am still concerned that this legislation will bring about the unintended consequences of growing government, impinging on private property rights, and diminishing parental responsibility.

The legislation hinges on the notion that all children between the ages of 6-15 must complete and receive certification for completing a safety course before operating an ATV. The course is a four-hour class, typically taught in a single afternoon. While the course is useful and I would encourage riders to take it, we should not use the law to make parents think that their children will somehow know how to operate their ATV’s safely.

Furthermore, this mandate would impose a hidden tax on families, the consequences of which would be deeply felt. Some supporters of this legislation claim that the safety courses are free of charge. This is true for the purchase of most new ATVs, but not on ATVs already owned or purchased used. Thus, for families across South Carolina who already own an ATV, this legislation would require them to pay for the course before some members of the family could use the ATV they already own. According to the ATV Safety Institute, there is a $75 per child charge for the course and $125 per adult. So, under this legislation, a family of four that already owns an ATV would be required to spend $150 for a safety course and up to $400 if the parents wanted to take the course with them. Simply put, we don’t believe the government should be allowed to exercise this kind of power over citizens’ use of their own property on their own land.

I am also concerned about the practical issue of enforcement. The bill requires certification, along with wearing a helmet and goggles in operation of an ATV. While the thinking behind this part of the legislation may be sound, there will likely never be enough will or manpower to put agents in every corner of the state to enforce it. In fact, the probable cause portion of this bill may make it difficult to enforce in a variety of cases.

Proponents of this bill argue that setting these common sense standards for ATV use is similar to the boater safety laws that were passed in 1999. Those laws applied to activity on public waters, not private property. Moreover, the state mandates motorcycle helmets for riders under the age of 21-again as part of the public, not private, roadways. On the other hand, neither moped riders n or bicyclists are mandated to wear helmets by state law. The difference between bicycling accidents and ATV accidents is telling: in the case of bicycling, an injury or death occurs every 16.8 minutes versus roughly every 12.5 hours for an ATV. According to estimates, 90 percent of all injuries sustained by children on ATVs happen because they are riding an ATV designed for an adult-a consideration this legislation would do little to address.

Finally, there should be a practical application of the law when it comes to experience. When South Carolina enacted a mandate for hunters’ safety, current youth hunters were "grandfathered," a provision implicitly acknowledging that experience was more valuable than a training course. The present legislation ignores the fact, for example, that a 14-year-old who has been riding an ATV since age 8 has far mo re experience than any one-day safety course could provide.

Today, law enforcement officers can cite an individual, regardless of age, for operating a motorized vehicle in a reckless or negligent manner in state parks, forests, or wildlife areas. However, even in the best of circumstances, tragic accidents occur.

At the same time, I believe there should be a balance between using our law enforcement powers to increase safety against the private property rights and parental responsibility. While Chandler’s story is a tragic one, I respectfully and regretfully believe that the benefit to the public falls short of the threshold that warrants an erosion of these core values.

For these reasons, I am vetoing S. 348, R-41, and returning it without my approval.

Sincerely,
/s/ Mark Sanford

VETO SUSTAINED

(R41, S348 <http://www.scstatehouse.net/cgi-bin/web_bh10.exe?bill1=348&session=117> ( Word <http://www.scstatehouse.net/sess117_2007-2008/bills/348.doc> version))) — Senators Hutto and Land: AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER’S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES INCLUDING A REQUIREMENT THAT A PERSON FIFTEEN YEARS OLD OR YOUNGER WHO OPERATES AN ALL-TERRAIN VEHICLE MUST POSSESS A SAFETY CERTIFICATE INDICATING SUCCESSFUL COMPLETION OF AN ALL-TERRAIN VEHICLE SAFETY COURSE, AND MUST WEAR A SAFETY HELMET AND EYE PROTECTION WHEN OPERATING AN ATV, MAKING IT UNLAWFUL FOR A PARENT OR LEGAL GUARDIAN TO KNOWINGLY PERMIT HIS CHILD OR WARD UNDER AGE SIX TO OPERATE AN ATV, AND PROVIDING FURTHER RESTRICTIONS WHEN OPERATING AN ATV ON LANDS THAT ARE OPEN TO THE PUBLIC THAT ALLOW OPERATION OF AN ATV, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES BEGINNING WITH CALENDAR YEAR 2007, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10A SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.

The veto of the Governor was taken up for immediate consideration.

Senator HUTTO argued contra to the Governor’s veto.

Senator CAMPSEN argued in favor of the Governor’s veto.

Senator GROOMS argued in favor of the Governor’s veto

Senator LEVENTIS argued contra to the Governor’s veto.

Senator KNOTTS argued contra to the Governor’s veto.

Senator HUTTO moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 25; Nays 17

AYES

Anderson                 Drummond               Ford
Gregory                   Hayes                      Hutto
Jackson                   Knotts                      Land
Leatherman             Leventis                  Lourie
Malloy                     Matthews                 McGill
Moore                     Patterson                 Peeler
Rankin                    Reese                      Setzler
Sheheen                  Short                       Thomas
Williams

Total–25

NAYS

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Fair                      Grooms                    Hawkins
Martin                    McConnell                 O’Dell
Ritchie                   Ryberg                    Scott
Vaughn                    Verdin

Total–17

The Senate Journal from earlier this year shows there were NO ATTEMPTS in the Senate to "correct" all those horrible flaws in the bill that Sens. Campsen, Grooms and others complained about yesterday. And as you know, any of the 15 who voted to sustain the governor’s veto (which was no surprise, since he vetoed the bill last year) could have prevented passage by merely objecting to the bill. No one did so. In fact, it sailed through the Senate in less than two weeks.

McCain pleased by S.C. poll numbers

Just got this release from the McCain campaign:

    Exciting news: fresh polling numbers are just out from American Research Group, a national independent polling firm, for the three key primary states of Iowa, New Hampshire, and South Carolina.
    John McCain has surged ahead in all three states, posting his largest lead right here in the Palmetto State. Here are the new numbers:

  • South Carolina: McCain 32%, Giuliani 23%, F. Thompson 13%, Romney 10%
  • Iowa: McCain 25%, Giuliani 23%, Romney 16%
  • New Hampshire: McCain 30%, Romney 23%, Giuliani 21%

First numbers I’ve seen since the debate here. Has anybody seen any others?

Upholding a stupid veto

Here we go again. For this Legislature, overriding this governor’s vetoes is like breathing — if they stopped doing it, you’d need to check their pulses. That’s the case with anything he tries to do in terms of upholding the constitution (his vetoes of "local legislation"), or defending Home Rule or trying to assert a sensible spending practice.

But let him do something stupid, based in his hyperlibertarian ideology, and all of a sudden they’re on his side.

I just heard that the Senate has sustained his veto of the ATV-safety bill — which really wouldn’t have done all that much, but might have saved the life of a child here and there.

I’m sure many of their constituents are relieved. Cause you know, Bubba does love runnin’ around on that thing…

Greetings from Afghanistan

Capt. James Smith, a.k.a. Rep. James Smith, D-Richland, sends this PDF file to friends back home.

And so I share it with you:

Download 21_may_2007_camp_phoenix_reunions.pdf

Needless to say, as an American, a South Carolinian, and a friend, I’m very proud of that guy, and deeply appreciative. I’m very proud of the whole 218th Brigade, it’s just that I know James.

If I were so honored as to be embedded with them like Chuck Crumbo, I would know a lot more of these fine soldiers, and it would be a tremendous privilege.

In lieu of that, I will from time to time share correspondence from Capt. Smith.

Our fan, Alex Sanders, on BIPEC vs. judicial elections in the OLD days

Sanderstoal

Continuing to play with audio…

I was talking to Alex Sanders on the phone yesterday, and still had my little audio-recorder setup handy from the conference call with John McCain the day before.

He started praising our editorial criticizing BIPEC’s attempt to influence our state Supreme Court election, but before he got more than a sentence into it, I said Hold on, do you mind if record this?

He said no, and the conversation drifted from his condemnation of BIPEC’s action, to the failed CIA plot, to how much better — kinda — things were in the old days. More genteel, anyway, if a tad … uh … incestuous.

In case you don’t recall all the background, before Judge Sanders was a U.S. Senate candidate and before he was president of the College of Charleston, he was the first chief judge of South Carolina’s Court of Appeals.

Anyway, here’s the clip. Enjoy. (Oh, and for some of our more literal-minded guests, I should point out that conversations with Judge Sanders tend to be highly enriched with irony, much of it self-deprecating.)

Here’s the cutline for the above photo: South Carolina Supreme Court Chief Justice Jean Toal, second from left,
has a laugh with Alex Sanders, left, after Toal received an honorary
degree during the Charleston School of Law’s first graduation Saturday,
May 19, 2007 at The Citadel in Charleston, S.C. Sanders and Edward
Westbrook, second from right, are two of the schools founders. (AP
Photo/The Post and Courier, Alan Hawes)

Official Horse Sense, or “Dude! Where’s My Marsh Tacky?”

Do you remember the Marsh Tacky? If you don’t that’s understandable, because according to House Bill 3825, it "is an almost forgotten breed of horse in our State," despite their having played "a unique and pivotal role in the history of our State."

That may sound as though they came up with the idea to fire on Fort Sumter or something, but apparently all they used to do is run around wild on Hilton Head — a role now taken by transplanted Yankee condo owners.

Reps. Limehouse and Ceips proposed to do something about that by creating a registry to keep track of the feral critters, charging a fee to all Marsh Tacky owners to cover the cost of the service.

This was a sort of second-best approach for them. Last year their bill that would have made the Marsh Tacky the Official State Horse was sent to committee and forgotten, much like the poor Marsh Tacky itself.

You may not realize the full tragedy of this, but to the best of my knowledge, this leaves South Carolina without a state horse of any kind! This of course, is a great inconvenience to our State Cowboys.

But while that bill died ignominiously, the registry proposal actually got to the House Floor.

Unfortunately, Rep. Ken Kennedy sullied the bill with an amendment declaring that "The mule is designated as the official work animal of the State of South Carolina," and that caused this crucial legislation was defeated in the House. Bill’s like that just can’t reproduce, you know.

I apologize for having been so busy with DOT reform and cigarette taxes and the budget and the Confederate flag and presidential candidates coming through, that I failed to take the time to inform you about this crucial legislation before it was TOO LATE.

But here’s a full report now:

H. 3825

STATUS INFORMATION

General Bill
Sponsors: Reps. Limehouse and Ceips
Document Path: l:\council\bills\bbm\9926ssp07.doc

Introduced in the House on March 29, 2007
Last Amended on May 17, 2007
Rejected by the House on May 17, 2007

Summary: Marsh Tacky horse

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-9-60 <http://www.scstatehouse.net/code/t47c009.htm#47-9-60> SO AS TO REQUIRE THE ASSESSMENT OF A FEE BY THE DEPARTMENT OF AGRICULTURE FOR AN OWNER OF A MARSH TACKY HORSE TO REGISTER HIS HORSE WITH THE DEPARTMENT FOR THE PURPOSE OF PRESERVING AND TRACKING MARSH TACKYS IN THE STATE, TO REQUIRE THE FEES COLLECTED TO BE USED TO OFFSET THE DEPARTMENT’S COSTS OF MAINTAINING A REGISTRY, AND TO REQUIRE THE UNUSED PORTION OF THE FEES TO BE REMITTED TO THE GENERAL FUND OF THE STATE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 9, Title 47 of the 1976 Code is amended by adding:

"Section 47-9-60 <http://www.scstatehouse.net/code/t47c009.htm#47-9-60>.    (A)    The General Assembly finds:

(1)    The Marsh Tacky is a horse with a unique history in South Carolina.

(2)    The Marsh Tacky is an almost forgotten breed of horse in our State. Once existing in feral herds on the barrier islands and mainland of South Carolina’s Lowcountry, they have played a unique and pivotal role in the history of our State.

(3)    Modern development of this State’s barrier islands slowly forced the Marsh Tacky’s removal from these islands where their breed had lived for more than three hundred years. Once existing by the hundreds on Hilton Head Island during the 1940’s and 1950’s, they are virtually unknown to the present day inhabitants.

(4)    The pure Marsh Tacky now exist only in small numbers, and presently, there is only one known herd being carefully preserved in our State.

(5)    A registry should be maintained by the State of the Marsh Tackys in South Carolina to help preserve and track these historically significant breed of horses.

(B)    An owner of a Marsh Tacky may register the horse with the Department of Agriculture for the purpose of preserving and tracking the Marsh Tacky located in the State. The Department of Agriculture shall maintain the registry and record the name and address of the owner, the location of the horse, and any other relevant information about the horse, including any historical information available.

(C)    The department shall assess a fee of ten dollars for each horse registered with the department. The fees collected must be used to offset the costs to the department of maintaining the registry and any unused fees must be remitted to the general fund of the State."

SECTION    2.    This act takes effect upon approval by the Governor.

—————————————————————–

BUT The Ways and Means Committee wanted none of that. It decided instead to create a new designation. So it proposed to strike the original bill and replace it with this:

/SECTION   1.   Article 1, Chapter 9, Title 47 of the 1976 Code is amended by adding:

"Section 47-9-60.   (A)   The General Assembly finds:

(1)   The Marsh Tacky is a horse with a unique history in South Carolina.

(2)   The Marsh Tacky is an almost forgotten breed of horse in our State. Once existing in feral herds on the barrier islands and mainland of South Carolina’s Lowcountry, they have played a unique and pivotal role in the history of our State.

(3)   Modern development of this State’s barrier islands slowly forced the Marsh Tacky’s removal from these islands where their breed had lived for more than three hundred years. Once existing by the hundreds on Hilton Head Island during the 1940’s and 1950’s, they are virtually unknown to the present day inhabitants.

(4)   The pure Marsh Tacky now exist only in small numbers, and presently, there is only one known herd being carefully preserved in our State.

(B)   The Marsh Tacky is designated as the official South Carolina Heritage horse."
SECTION   2.   This act takes effect upon approval by the Governor./

Rep. LIMEHOUSE explained the amendment.

The amendment was then adopted by a division vote of 18 to 14.

—————————————————————–
Then Rep. Ken Kennedy proposed this additional amendment:

Rep. KENNEDY proposed the following Amendment No. 2 (Doc Name COUNCIL\MS\7332AHB07), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ "Section 1-1-710.   The mule is designated as the official work animal of the State of South Carolina." /
Renumber sections to conform.
Amend title to conform.

Rep. KENNEDY explained the amendment.

The amendment was then adopted by a division vote of 51 to 19.

———————————————————-

Then, as you can see below, all hell broke loose:

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 29; Nays 52

Those who voted in the affirmative are:

Alexander              Anderson               Barfield
Battle                 Brady                  Branham
Brantley               Ceips                  Chalk
Clemmons               Davenport              Gambrell
Harvin                 Hodges                 Hosey
Howard                 Jefferson              Kennedy
Kirsh                  Knight                 Limehouse
Lowe                   Rutherford             Scarborough
Sellers                W. D. Smith            Stavrinakis
White                  Williams

Total–29

Those who voted in the negative are:

Agnew                  Allen                  Anthony
Bannister              Bedingfield            Bowen
R. Brown               Cato                   Chellis
Cobb-Hunter            Coleman                Cotty
Dantzler               Delleney               Duncan
Frye                   Funderburk             Govan
Haley                  Hamilton               Hart
Haskins                Hiott                  Huggins
Lucas                  Mahaffey               McLeod
Moss                   Mulvaney               J. H. Neal
Ott                    Parks                  Perry
E. H. Pitts            M. A. Pitts            Sandifer
Shoopman               Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Spires                 Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Walker
Weeks

Total–52

So, the Bill, as amended, was rejected.

John McCain is wrong about ONE thing…

John McCain is wrong about one issue that is of any personal importance to me: the Confederate flag. And of course the moderator in last night’s debate asked him, and only him, about it. That’s fitting, since a moderator should probe a candidate’s weak points in trying to get at the truth.

Fortunately for McCain — in terms of my vote, anyway — I don’t consider anyone’s position on that issue to be a qualification for the job of president of the United States. In fact, I’d prefer that presidential candidates stay out of the debate altogether.

Among the Republican candidates, Rudy Giuliani has the right answer — to the extent that any non-South Carolinian could have the "right" answer. He says it’s a matter for South Carolinians to decide.

Indeed it is that and only that. That’s why I disagree so strongly with the NAACP’s approach — trying (without appreciable success, I might add) to get the rest of the world to FORCE the flag down by hurting South Carolina economically. Even if such a strategy worked — which it can’t, believe me — nothing would be accomplished. You’d still be left with a state perceived — and perceiving itself, sullenly, resentfully — as a place that WANTS to fly the flag, but has been forced not to.

I don’t care what happens to a piece of cloth. I live in a state that has profound political barriers to getting its act together and catching up to the rest of the country in terms of health, wealth, educational attainment, public safety, what have you. The attitudes that keep us from working together to address those issues meaningfully are closely related to the attitudes that keep that flag flying.

Only if we come together and say, "That’s not who we are anymore; we’re better than that," will we ever move forward as a people.

Sure, it would make me feel all warm and fuzzy to hear everybody — particularly people I like, such as John McCain — echoing my own personal attitudes on this and every other important issue. But it wouldn’t accomplish anything. In fact, on this issue outside voices can probably only make things worse, not better. That’s because of the xenophobia that is a corollary of the mentality that keeps the flag flying. You’ve seen the bumper stickers: "We don’t CARE how you did it up North."

John McCain’s problem is that he actually wrestled with the issue, and wrestled too hard, ending up here, there, and all over the mat on the issue. It
was an issue he did not and probably never will understand. He
shouldn’t have wrestled with it. It’s none of his business.

I don’t mean that in a "go away and shut up, John" sense. But it has nothing to do with being president of the United States. Whatever opinion
he might have on that South Carolina matter should have no impact either on what we do about the flag, or on
whether he should be nominated and elected to the White House.

On issues that do have a bearing as to whether he should be
president, I find him to be far and away the best — among either
party’s candidates. For now.

I wrote the above thoughts, in somewhat sketchier form, in response to a comment on a previous post. Here’s how one of my more thoughtful correspondents replied:

Brad,

I’m struck by your post above re: McCain and the flag

“McCain’s problem is that he actually wrestled with the issue, and
it was an issue he did not and probably never will understand. He
shouldn’t have wrestled with it. It’s none of his business.”

I find it puzzling that you would use Steve Spurrier’s uninvited
opinion on the flag as the impetus for a barrage of editorials but then
give the presidential candidates a pass on the issue.

Part of the point of primary politics is for voters to obtain a
close look at the candidates and have them take positions on local
issues. It is a very useful way to measure them, regardless of whether
the issue will ever come to them for a decision. Some of the national
issues will likely never come to them for a decision either-for
example, if the next president doesn’t appoint a Supreme Court justice,
it’s unlikely his or her opinion on abortion will have any impact.

You expect a president to have the wherewithal and decisiveness to
respond to another 9/11 attack but don’t feel they can be bothered to
be decisive about one of the most controversial issues in SC. Every
candidate should have a specific opinion (not just “it’s a state
matter”). McCain’s courage faltered in 2000 on this issue.
Unfortunately, it appears to be failing him again; I doubt he
personally believes that the flag should be anywhere on the State House
grounds given how much this issue pricked his conscience 8 years ago.
But he’s playing it safe in 2008, one of the reasons he’s a less
attractive candidate this time around.

Your willingness to accept McCain’s timidity about the flag makes me question your ability to view him objectively.

Posted by: Paul DeMarco | May 16, 2007 1:52:53 PM

As I said, Paul, Sen. McCain is clearly wrong on the issue.

As I also said, I don’t ask any candidate for president for his or her opinion about the flag. It’s irrelevant.

There are things he’s wrong about that ARE relevant — such as his willingness to keep the Bush tax cuts in place. That I have a problem with, as a voter considering who should be the next president. But I have greater problems on such relevant issues with every other candidate.

Spurrier lives in South Carolina, and is someone who — unfortunately, given that I think football is one of the least important things in the world — a lot of people in South Carolina listen to. He, like the 4 million other people in this state, has a right and an obligation to speak out as to what he wants our elected representatives to put on our State House lawn.

His comments were the first from a high-profile South Carolinian on the issue since everybody stopped talking about it in 2000. I mean, other than South Carolinians who are leaders in a NATIONAL organization — an organization which, because it was trying to use the outside world to coerce South Carolina into doing something, is the main obstacle to South Carolinians growing up on their own and putting this issue behind them.

Spurrier provided an opportunity to discuss this in another context. It was, and remains, my great hope that in the coming months, other prominent South Carolinians who are NOT trying to use a national boycott to force something that needs to happen voluntarily. If it doesn’t happen voluntarily, if South Carolina does not evolve to the point that collectively, we WANT to do this voluntarily, then absolutely nothing of value will be achieved.

Comments from Hillary Clinton or Chris Dodd or John McCain are simply not a part of that discussion, but instead a distraction. The only reason they are asked about such things is because journalists on deadline are not a terribly reflective lot. They think, "They’re in South Carolina, and this is a controversial issue in South Carolina." It never occurs to them that it’s not an issue that has anything to do with the presidency. (This is an issue I’ve written about in other contexts — it’s now become a standard mindless ritual in the media to ask the president to comment on everything, from his underwear to the Columbine shootings, when such things have nothing at all to do with the president’s duties or responsibilities.)

As for abortion — well that IS a more relevant presidential issue than the flag, but only because the flag isn’t a presidential issue at all. As you say, Paul, the president’s only involvement with abortion is nominating Supreme Court justices, because of Roe. (If NOT for Roe, it would be a more legitimate political issue, and that is what it should be. The Court should never have removed it from the political branches.)

That said, I will not cast my own vote exclusively according to a candidate’s position on abortion. It will be one of many things I consider in making my decision about a candidate, but the candidate I choose could end up being someone who disagrees with me on that one issue.

I hope at this point to vote for McCain, with whom I happen to agree on the abortion issue, among many other issues.

But among the Republicans, my distant second choice would be Giuliani. Suppose McCain is no longer in the race when the primaries roll around. I could see looking to Giuliani instead. His stance on abortion would not prevent that.

Since THAT, which is more relevant to the job, would not deter me, why would the Confederate flag issue? As I say, I’m more likely to be bothered by the tax cut stance. I don’t feel passionately about taxes the way I do about the flag, but it IS actually relevant.

I would assert that this is the objective way to look at things — reasoning them out, as opposed to going on the basis of mere passion. I could certainly be wrong about that, of course, since an individual is probably the least disinterested judge on the matter of whether he is disinterested.

Would I like it more if McCain were "right" about the flag (and "right" is saying what Giuliani says, which is that it’s a South Carolina matter)? Absolutely. Immensely. But once more, that’s more about how it would FEEL, rather than about the conclusions I reach when I THINK about candidates and try to choose between them.

How good are the judicial candidates?

Here’s a little supplemental info to go with Cindi’s column today on how the South Carolina Bar rates the candidates seeking to replace E.C. Burnett on the S.C. Supreme Court.

The Bar has been shy about giving an overall score for candidates. So about a decade or so ago, Cindi and former staffer Lisa Green came up with their own way to derive an overall grade from the data the Bar does provide.

The attached spreadsheet contains the raw scores and Cindi’s composite score for each of the three candidates for the S.C. Supreme Court on the S.C. Bar’s Judicial Evaluation Surveys.

The charts show the total number of attorneys who gave each candidate a "4" (excellent), a "3" (good), a "2" (satisfactory) and a "1" (deficient) on each measure (that much the Bar gives us).

Here’s how the Scoppe/Green grade works: The average for each measure is calculated by multiplying the total number of "4s" by 4, the total number of "3s" by 3 and so on, adding the four numbers together and then dividing by 4. The composite score for each candidate is calculated by adding the averages together and dividing by the total number of measures.

NOTE: An individual judge is not evaluated each year, so while Judge Kaye Hearn was evaluated in her current role as chief judge of the S.C. Court of Appeals, Judge Don Beatty was last evaluated when he was still a Circuit Court Judge, and Judge Bruce Williams was last evaluated when he was still a Family Court judge. Although some of the questions are the same for the various courts, some are different.

So see what the Bar’s Judicial Qualification Committee had to say about each of the candidates, go to http://www.scbar.org/public/reports.asp and select the April 2007 report. Below is that committee’s summary for each candidate:

After interviewing a minimum of 30 members of the Bar who have knowledge of the candidate’s integrity, competence and temperament and interviewing the candidate, the Committee reports the following information:
Judge Beatty has extensive experience in civil and criminal matters both on the Circuit and the Appellate Courts. He is described as possessing above average legal knowledge and has a good judicial temperament. Based on the information and interview, the Committee reports that the candidate is qualified to serve as a Supreme Court Justice.
Judge Hearn has led the Court of Appeals as Chief Judge with great skill. She possesses superior legal knowledge and displays an excellent temperament. Her many years as a trial judge and appellate judge provide her with the skills necessary for service on the South Carolina Supreme Court. Based on the information and the interview, the Committee reports that it is the collective opinion that the candidate is qualified to serve as a Supreme Court Justice.
Judge Williams is an eminently experienced jurist, having served on both the Family Court and Court of Appeals. He is described as having above average competence as well as above average judicial temperament. He appears to be a highly committed public servant. Based on the information and the interview, the Committee reports that it is the collective opinion that the candidate is qualified to serve as a Supreme Court Justice.

Thoughts on the GOP debate?

Republicans

What did you get out of it?

My immediate thought on that — not much.

Maybe it’s an expectations game. I had expected little from the Democratic "debate" — events like that get pretty pointless with more than two or three candidates, and there were eight. But I was pleasantly surprised that I was actually able to gain some information. Not a lot, but the expectation had been so low.

But this was more like what I expected with the other one. Maybe it was that 10 is that much worse than 8. Maybe it was that Fox allowed cheering and jeering from the audience, which NBC did not (and I thought that helped a great deal).

But here’s what I think it was: I knew who most of the Democratic candidates were, so I didn’t have to struggle to follow it. The only unknown to me was Gravel, and he was so crazy he was at least entertaining.

With this one, I did not know who was speaking half the time. I am not exaggerating, and I’m not the only one. Rick Quinn said he watched the first half of it at his office, and everybody kept saying "Who’s that … who’s that?" And that was with an audience, as he pointed out, of people who make their living in politics — and Republican politics at that. So I felt better.

Sure, I knew a little bit about Huckabee and Brownback. But their faces are not recognizable to me. Not yet, and I doubt they will be, because I doubt either will be in it for all that long. Same with Tommy Thompson, and he actually is somebody. As for Tancredo, Hunter, Gilmore — who are they kidding? Ron Paul, who showed up at the wrong party’s debate, was the designated nutball, but unfortunately not nearly as amusing as the Democrats’ nutball.

That leaves three men who had any business being there, and I have my doubts about one or two of  them.

As for the other seven — why in the world did Fox not keep their names up on the screen all of the time? It would have helped a great deal.

How was your Confederate Memorial Day?

S.C. political culture
keeps flag up,
DOT unreformed

By BRAD WARTHEN
EDITORIAL PAGE EDITOR
RECENTLY, I said state lawmakers refuse to find the time to deal with the Confederate flag’s implications for our state.
    I was wrong. They’ve saved so much time by not reforming the Department of Transportation this session that they managed to take off a whole day Thursday to honor the flag and all that it stands for. They also paid state employees several million dollars to do the same.
    They know just what they’re doing. They don’t declare state holidays for every failed insurrection that comes along. There’s no Stono Rebellion Day, for instance. That was when some black South Carolina slaves rose up violently to assert their right to live as they chose, and lots of people died horribly, and the rebels suffered much and gained nothing. Whereas the War Between the States was when a bunch of white South Carolina slave owners rose up violently to… OK, well, the rest of it’s just the same.
    But you see, we have a Confederate Memorial Day holiday because the General Assembly had to do something for white people after it gave black folks Martin Luther King Day.
    It was a tradeoff. Our leaders think in those terms. Something for you people in exchange for something for us people. The idea that Martin Luther King might be worth a nod from all of us just didn’t wash.
    The Legislature’s refusal to reform the Department of Transportation is actually related. That agency is governed according to the principle of something for you people in exchange for something for us people, leaving out the needs of the state as a whole.
    The power lies in the Transportation Commission. The governor appoints the chairman; the other members are chosen by legislators. Not by the Legislature as a whole: Each member represents a congressional district, and only the legislators who live in that district have a say in choosing that commissioner. Therefore the people in a position to set priorities on road-building have parochial notions of what roads need to be built — all except the chairman, who can’t vote unless there’s a tie.
So how are priorities set? Something for you people in exchange for something for us people — the balancing of narrow interests, rather than a statewide strategy.
    Lawmakers as a whole aren’t even seriously considering giving up that commission. Even the idea of giving greater power over the commission to the governor — who in almost any other state would be running that executive agency outright — is utterly shocking to some of the most powerful legislative leaders.
    “This Senate would rue the day that you turn that billion-dollar agency over to one person,” said Sen. John Land, who represents a rural district.
    The scandal at the Transportation Department didn’t arise from former Director Elizabeth Mabry being a bad administrator. She was a bad administrator, but she was part of a system. A job for your relative, commissioner, in return for indulging the way I run my fiefdom ….
    Something for you in exchange for something for me. It didn’t even have to be stated.
    When I say the “Legislature” is like this, it doesn’t apply to all lawmakers — just to the decisions they make collectively.
    There are some who want to fix the agency, and others who want to take down the Confederate flag. But the status quo runs right over them without breaking stride.
    Sen. John Courson proposed to do away with the commission and put the governor in charge. He got support, but not enough; the idea was dropped.
    After I wrote about “the Legislature” not wanting to talk about the flag recently, Rep. Chris Hart called to say he wants to talk about it, and that he and Reps. Todd Rutherford, Bakari Sellers and Terry Alexander have a bill that would take the flag down — H.3588. But it’s sat in committee since Feb. 27.
    My grand unifying theory is not a simple matter of good guys and bad guys. Sen. Glenn McConnell is a champion of the monument for you, flag for me system. But he’s pushing the plan to give the governor more say over the Transportation Department.
    What  matters is how it comes out, after everybody votes. This legislative session will end soon. Significant reform of the Transportation Department is looking doubtful, while action on the flag is politically impossible.
    Rep. Rutherford has some hope for next year on the flag, especially after recent comments from football coach Steve Spurrier, and the protest by United Methodist clergy. If that blossoms into a movement of the breadth of the one that moved the flag in 2000, H.3588 could have a chance.
    But he warns that if it does start to gain support, a moribund proposal to declare a Confederate Heritage Month will likely be revived. Something for you people, something for us people.
    The Transportation Department won’t be reformed until the culture changes, until the notion that there is such a thing as statewide priorities replaces the traditional balancing of the interests of narrow constituencies.
    The flag won’t come down unconditionally until the notion sinks in that it’s not about whether your ancestors were slaves, or slaveholders, or neither. This is the 21st century, and the Confederacy hasn’t existed since 1865. “I’m not trying to disrespect anybody’s heritage,” Rep. Rutherford said on Confederate Memorial Day. “It just shouldn’t be there.”
    That’s true no matter who your kinfolk were, and no matter what day it is in the year 2007.

Don’t think unkindly of our lawmakers

You may have gotten the unflattering impression that our state lawmakers refuse to find the time to deal with the Confederate flag and its implications for our state.

Nothing could be further from the truth, and I hereby apologize for having created such a scurrilous illusion.

I had intended to go over and check out the activities at the Statehouse this morning, and didn’t get away before midday. At about that time a colleague returned from that august edifice, and I asked her what was going on this afternoon, thinking I might still go.

"They’re going home," she said, looking at me rather blankly.

But this is Wednesday, I protested. They don’t go home until tomorrow.

"Tomorrow is Confederate Memorial Day," she reminded me.

Our lawmakers aren’t too busy for the flag at all, you see. They’ve been so efficient in addressing all of our state’s legitimate needs that they could take off the whole day in order to honor the flag and all that it stands for. And, oh yes, pay all those thousands of state employees not to work tomorrow, either.

So don’t think they don’t have their priorities straight or anything.

Poor Betty

One of the great benefits of reading this blog is that you sometimes get little glimpses into really choice stuff coming up on the editorial page, such as this letter on tomorrow’s page, which I hereby quote in its entirety:

    Get off Elizabeth Mabry’s back! She deserves a retirement party as much as anyone. The money collected is for the cost of the party. I had one when I retired, and a fee was charged.
    What’s the big deal?

Anybody want to tell this gentleman what the big deal is?

What gentleman, you ask? Well, for that, you’ll have to read the paper. One thing I won’t use this blog for is to hold people up to ridicule for writing letters to the editor. At least, not personal, specific, individual ridicule.

Although that one really is a corker.

Let’s see — she took full advantage of the unaccountable commission system to run her own little queendom over at what we euphemistically call the "state" Department of Transportation, and resigned last year in disgrace over such trifles as having deceived the Legislature to the tune of millions of dollars.

Then the Budget and Control Board "spent $40,074.57 to buy the remaining service time Mabry needed to be eligible for full retirement benefits," which I think means that we taxpayers spent over 40 grand for the privilege of pretending that she’s worked more time than she has, so that we might have the further privilege of sending her pension checks for the rest of her life. I’m not smart about money matters, but I think that’s right.

Then lawmakers who had defended her strenuously and said any reports of less-than-admirable conduct at DOT was purely a matter of that scoundrel the governor trumping up nonsense changed their tune to: She’s gone now, so that solves the problem, we don’t have to reform the agency.

Then … oh, I don’t even want to go again into all the machinations that have occurred in the House and Senate to try to protect the status quo, except to point out this quote from Sen. John Land in today’s paper:

    "This Senate would rue the day that you turn that billion-dollar agency
over to one person, and that’s what this bill does. It would be
terrible for South Carolina."

Mind you, he was reacting to a lame compromise that would keep the commission — which, with its multiple members provides multiples of multiple ways for powerful people to reach in and influence the agency’s running without leaving fingerprints — but give the governor the ability to get rid of members who really get out of hand a way that it can’t be missed. It most assuredly does not do what any sane state would do, which is put the elected chief executive in charge of this huge, expensive executive agency, so that voters can hold somebody responsible to some extent.

We wouldn’t want to put anybody in charge, oh no. Things are much better without that — better for Sen. Land and his peers, that is.

That’s all I can stand on this subject for today. By the way, here’s a copy of the invitation to Ms. Mabry’s party, in case you didn’t get one. I didn’t get one either. I guess that‘ll teach me to stay off that poor woman’s back. (And remember, folks, that RSVP address is celebratemabry@gmail.com.)

Here’s the bottom line: I don’t care about that. Throw her a party. Build her a palace, as long as you do it with your own money. May she live 1,000 years of pure ecstasy, day after day, while the rest of us and our descendants work for our livings.

What I care about is that we fix the problem with the way we run this agency — and plenty of other state agencies, this is just the mess we’re focused on at the moment. And that — fixing it — continues to seem highly unlikely.