Anderson, SC – March 15, 2010 – State Senator Kevin Bryant today requested an audit of Anderson School District 5 construction contracts after allegations that the school district has hired companies with illegal aliens. South Carolina law prohibits taxpayer-funded projects by companies that hire illegal aliens. Senator Bryant requested an audit by the South Carolina Department of Labor, Licensing, and Regulation upon receiving affidavits from School District 5 officials.

In a letter to Dr. Mack Burris, Chairman of Anderson School District 5, Senator Bryant wrote “I have been in touch with numerous Anderson County citizens that are frustrated with the current economic climate and in particular, the continued presence of illegal aliens in Anderson County. It is unacceptable that the taxpayer may be funding construction projects that employ illegal aliens.”

Please find the full letter below.

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Dr. Mack Burris, Chairman

Anderson School District Five

400 Pearman Dairy Road

Anderson, SC 29625

Dear Mr. Chairman,

I want to thank you for your service to the taxpayers, parents and children of Anderson County. I also want to commend your office for providing me with affidavits regarding the employment practices of the companies with construction contracts with School District 5. These affidavits have been passed on to the South Carolina Department of Labor, Licensing, and Regulation along with a request for audits of the same.

I have been in touch with numerous Anderson County citizens that are frustrated with the current economic climate and in particular, the continued presence of illegal aliens in Anderson County. It is unacceptable that the taxpayer may be funding construction projects that employ illegal aliens.

You are aware that Section 8-14-20 of the South Carolina Code requires that as of January 1, 2010 that all “services contract(s) with a contractor for the physical performance of services within this State” must be completed only with legal workers verified with the Federal verification program known as e-verify.

I join our constituents in asking the Anderson School District 5 Board to review current and future construction contracts and require e-verify for all employers as required by law.

Respectfully,

Kevin L. Bryant

South Carolina Senate District 3

Senator Fair’s Hockey Stick Moment from Wesley Donehue on Vimeo.

Senator Mike Fair (R-Greenville) discusses the fable of global warming from the SC State Senator floor.

This week, the Senate approved H.3305, by Rep. Eric Bedingfield (R-Greenville), a constitutional amendment to protect a worker’s right to a secret ballot in a union election, by a 33-9 vote. The bill was sent back to the House where they voted to concur with the Senate changes. It now goes to the Governor for his approval.

Under current law, the National Labor Relations Board will schedule a secret ballot election if 30% of employees sign statements asking for union representation. The so-called (and fundamentally misnamed) Employee Free Choice Act now pending in Congress would call for immediate recognition of the union without the secret ballot election if 50% of a workforce signed cards. The bill would also essentially prevent bargaining to impasse and require binding arbitration to determine contract terms if the parties could not agree.

The thought is that a State constitutional amendment could prevent application of EFCA in South Carolina. Although we are not certain this effort could withstand the federal preemption of State labor laws, we believe there are enough substantive arguments to the contrary to make this state legislation worthwhile. Specifically, if Congress passes EFCA with an exemption for States wishing to opt out of its application, much like the NLRA right to work exemption, then this legislation could be quite effective. In short, the preemption arguments notwithstanding, this legislation is worthwhile and was strongly supported by SCMA.

Those voting in favor include:
Sen. Thomas Alexander (R-Oconee)
Sen. Lee Bright (R-Spartanburg)
Sen. Kevin Bryant (R-Anderson)
Sen. Paul Campbell (R-Berkeley)
Sen. Chip Campsen (R-Charleston)
Sen. Ray Cleary (R-Georgetown)
Sen. Creighton Coleman (D-Chester)
Sen. John Courson (R-Richland)
Sen. Ronnie Cromer (R-Newberry)
Sen. Tom Davis (R-Beaufort)
Sen. Dick Elliott (D-Horry)
Sen. Mike Fair (R-Greenville)
Sen. Larry Grooms (R-Berkeley)
Sen. Wes Hayes (R-York)
Sen. Jake Knotts (R-Lexington)
Sen. Hugh Leatherman (R-Florence)
Sen. Joel Lourie (D-Richland)
Sen. Larry Martin (R-Pickens)
Sen. Shane Martin (R-Spartanburg)
Sen. Shane Massey (R-Aiken)
Sen. Glenn McConnell (R-Charleston)
Sen. Yancey McGill (D-Williamsburg)
Sen. Mick Mulvaney (R-Lancaster)
Sen. Floyd Nicholson (D-Greenwood)
Sen. Billy O’Dell (R-Greenwood)
Sen. Harvey Peeler (R-Cherokee)
Sen. Luke Rankin (R-Horry)
Sen. Mike Rose (R-Dorchester)
Sen. Greg Ryberg (R-Aiken)
Sen. Nikki Setzler (D-Lexington)
Sen. David Thomas (R-Greenville)
Sen. Danny Verdin (R-Laurens)
Sen. Kent Williams (D-Marion)

Those voting against include:
Sen. Ralph Anderson (D-Greenville)
Sen. Robert Ford (D-Charleston)
Sen. Brad Hutto (D-Orangeburg)
Sen. John Land (D-Clarendon)
Sen. Phil Leventis (D-Sumter)
Sen. Gerald Malloy (D-Darlington)
Sen. John Matthews (D-Orangeburg)
Sen. Clementa Pinckney (D-Jasper)
Sen. John Scott (D-Richland)

Senate Pushes Conservative Reforms

Click here for a video statement from Senator Larry Martin (R-Pickens).

While Washington liberals continue growing our nation’s debt with explosive spending, South Carolina’s Republican Senators are working hard to protect taxpayers, limit spending, and grow our economy. S.2 is a bill developed by President Pro Tempore Glenn McConnell creating a spending cap and budget stabilization fund. The amount of money state legislators could spend each year would be limited to the average revenue growth of the previous ten years and any additional funds would be placed in a rainy day account for budget shortfalls like we are now facing.

Click here for a video explanation of S2 by Senator Glenn McConnell.

Republicans Working To Guarantee Right To Secret Ballot Elections

South Carolina’s Republican Senators are pushing a bill on the State Senate floor that guarantees a worker’s right to a secret ballot election in the workplace, but liberal Democrats are continuing to block that right. H.3305, introduced by Rep. Eric Bedingfield, is a constitutional amendment that would guarantee a worker’s right to voting by secret ballot during union organization.

The legislation is a reaction to the deceptively named federal “Employee Free Choice Act,” which would strip workers of their right to vote for unionization by secret ballot, opening them up to intimidation and harassment by unions. The legislation is being pushed on the federal level by union bosses and their liberal allies in Congress.

In arguing for the constitutional amendment, Senate President Pro Tempore Glenn McConnell (R-Charleston) said “I don’t know of anything more basic to the essence of our nation than the right to a secret ballot election.”

Just last week Jim Albaugh, chief executive of Boeing Commercial Airplanes, told the Seattle Times “The overriding factor was not the business climate. And it was not the wages we are paying today. It was that we can’t afford to have a work stoppage every three years. And we can’t afford to continue the rate of escalation of wages.”

Senate Majority Leader Harvey Peeler (R-Cherokee) is the lead sponsor of a Senate companion bill. ” Boeing’s decision to expand its facility near Charleston serves as a reminder why we must protect our tough right-to-work laws. We are sending a strong message to the world: We want your business, and we’re committed to getting it. I want to continue sending that message by  defending workers’ rights to secret ballots when deciding whether to unionize,” said Senator Peeler.

Peeler continued, “We’ve seen what happens when unions control the economy. It’s called Detroit. And we’ve seen what happens when unions fail. Congress bails them out on the backs of hardworking taxpayers. It’s unfortunate that the Democrats can’t see this clear fact.”

The Democrats argue that the bill is unconstitutional, but Senate President Pro Tempore argues otherwise. “The fourteenth amendment of the United States constitution creates a floor for protections. It does not prevent South Carolina from reaching for the stars in protecting our citizens.  In fact, it lets us give our citizens more freedoms than guaranteed by the federal government. We have soldiers fighting overseas to grant others rights that are being filibustered at home.”

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Happy Monday. In case you missed it, here is a fantastic editorial by the Spartanburg Herald Journal laying out the need to pass legislation protecting workers’ rights, which will be up for 3rd reading tomorrow.

Here’s what else is popping this week in the State Senate.

This Week’s Hot Meetings

Sentencing Reform Act: Tuesday, March 9, 9:00 am | Gressette 105 | Judiciary Subcommittee

Freedom of Choice Healthcare Act: Tuesday, March 9, 3:00 pm | Gressette 105 | Judiciary Committee

Spending Caps: Tuesday, March 9, 3:00 pm | Gressette 308 | Finance Committee

Medigap Insurance Coverage: Wednesday, March 10, 9:00 am | Gressette 105 | Banking & Insurance Subcommittee

Lucas Group Briefing on ESC: Wednesday, March 10, 10:00 am | Gressette 308 | LCI Committee

Department of Administration: Wednesday, March 10, 10:00 am | Gressette 105 | Judiciary Subcommittee

Sprinkler Tax Credits: Wednesday, March 10, 11:00 am | Gressette 308 | Banking & Insurance Subcommittee

Tort Reform: Thursday, March 11, 9:00 am | Gressette 105 | Judiciary Subcommittee

Important Bills On The Calendar

Anti-Card Check: Secures South Carolina’s strong right-to-work status, which helped bring Boeing to our state, by guaranteeing that workers have the right to a secret ballot when voting on whether or not to unionize. It is currently on 3rd reading. It failed to reach 31 votes on second reading, which is required for a constitutional amendment.

Texting & Driving: Currently contested on second reading.

Public School Choice: Still being blocked by Senator Robert Ford on second reading.

DDSN Restructuring: Contested on second reading

DHEC Restructuring: Contested on second reading.

24-Hour Waiting Period: This bill makes women wait 24 hours before terminating the life of an unborn child. It is being blocked by the Democrats with a minority report.

Gov / Lt Governor Restructuring: Contested on the calendar.

Spending Caps: Being blocked by the Democrats.

Sembler: Placed on special order. It will come up after the Anti-Card Check bill.

Cigarette Tax: Contested on the calendar.

Kendra’s Bill: Creates minimum sentences for child care workers who severely injure children. It is currently being held up by a minority report.

ICYMI: Good Stuff from The Past Week

• Anderson Independent Mail | Sen. Kevin Bryant to be at legislative forum

• The State | Q & A with Harrell and Leatherman

• The State | For 2 leaders, state is a player in fight for jobs

• The Greenville News | Patients in ‘gap’ ask state to let them buy coverage

• The Post and Courier, Senator McConnell | Peacemakers don’t dwell on bitterness

• ETV | Senators McConnell, Davis, and Ford on Sembler Project

• SHJ | Protecting workers’ rights

• News-Medical.net | Dialysis patients gather to encourage state lawmakers to support Medigap legislation

• SHJ | SC lawmakers vote to kill fee for terrorists

• The Greenville News | Senate proposal restricts credit checks by employers

• SC Radio Network | Groups, legislators rally to spark SC cigarette tax (Video)

• The State | Conservation bank poised to survive

• The State | Boeing chief tells why S.C. chosen

• The State | Trouble ahead for Spratt?

On Wednesday, March 10, 2010 the General Assembly will honor the ten brave young members of the armed forces from South Carolina who sacrificed their lives while serving our country last year. The ten courageous soldiers who will be honored this year are:

Specialist Larry Curtis Applegate, United States Army, Surfside Beach

Private First Class Jason R. Watson, United States Army, Ehrhardt

Specialist Justin Antisdel, United States Army, Pelzer

Staff Sergeant Raphael A. Futrell, United States Army, Anderson

Captain Mark McDowell, United States Air Force, Tamassee

Specialist Abraham S. Wheeler III, United States Army, Columbia

Lance Corporal Christopher S. Fowlkes, United States Marine Corps, Gaffney

Sergeant Demetrius L. Void, United States Army, Orangeburg

Lance Corporal Mills Palmer Bigham, United States Marine Corps, Columbia

Private First Class Robert E. Foster, United States Army, Columbia

As in years past, Senator Jake Knotts will host the Fallen Soldiers Ceremony and Luncheon to honor the memory of the men and women from South Carolina who have served our country and paid the ultimate sacrifice. Each family will be presented a framed Concurrent Resolution, the Order of the Palmetto Patriot and a South Carolina State Flag in remembrance of their loved one.
This year’s Fallen Soldiers Ceremony and Luncheon will be held on Wednesday, March 10, 2010 at the Summit Club located across from the State Capital. Following the ceremony, the families will be recognized and introduced in the SC Senate. Please join us as we pay tribute to the families who have been left behind.

SCETV

Changes on the way for wayward agency

A bill sponsored by Sen. Greg Ryberg to restructure the state Employment Security Commission made its way out of the Senate today, paving the way for much-needed reforms of one of South Carolina’s most trouble-plagued agencies. These changes to bring about more accountability have been a long time in coming.

Since 2006, nearly $500 million was paid by the ESC to people who had been fired for cause, a condition that in most other states would bar an applicant from receiving unemployment benefits. In fact, South Carolina is one of only twelve states that engage in the practice. Also, since the unemployment trust fund dwindled to a zero balance in 2008, the state has had to borrow more than $700 million from the Federal government to cover the fund’s liabilities. And as South Carolina budget writers are left to make difficult spending decisions in the coming years, interest on the money borrowed will have to be paid back with state dollars.

To fix issues with the fund and the agency as a whole, benefits would be restricted for those fired for cause and cases of fraud and ineligibility would be more actively pursued. As well, if a job is offered to a claimant and not accepted, benefits could be denied or scaled back.

The bill makes significant changes in the agency, which include reorganizing it as the Department of the Workforce and placing it in the Governor’s cabinet. In late 2008, Sen. Ryberg sent a letter to the Legislative Audit Council to conduct an audit of the ESC, in anticipation of crafting reform legislation.

The LAC found fault with the actions of the ESC’s three governing commissioners, who were found to be effectively unaccountable to any one particular branch of government. The bill proposes that the Executive Director of the department be appointed by the governor after undergoing screening for qualifications by a special committee. The director would then serve at the discretion of the governor. This mechanism will provide oversight to an agency that is in desperate need of it. These restructuring mandates will go a long way toward solving the problems discovered in the audit. The move will make the agency concentrate on job placement, not check writing.

While this legislation deals mainly with resolving the administrative troubles at ESC, the financial ruin of the agency is to be dealt with in a separate bill to follow.

Considering there is significant support in the House of Representatives and from Gov. Mark Sanford for substantial reform, it’s expected that this bill – S. 391 – and its companion House bill – H. 3442 – will pass both chambers, be reconciled and signed into law before the end of the session.