In 2008, the South Carolina Policy Council released a report showing lawmakers passed laws with recorded votes just five percent of the time, and that South Carolina had among the weakest legislative voting requirements in the nation. There were no good excuses for that, so legislative leaders came up with some bad ones, including “it costs too much” and “it’s a waste of time.” Citizens didn’t buy any of it then, and they buy it less now. The public is rightly convinced that legislators cannot be trusted to record their votes unless they are forced to by law. Lawmakers eroded their credibility when they passed rules in 2009 to “fix the problem,” then continued to vote off the record 75 percent of the time.
The rules didn’t make the legislature accountable then, and won’t now. Citizens shouldn’t have to rely on legislative leaders to craft rules that ultimately allow them to choose which votes they record. Only state law will ensure that all votes are recorded in real time and in full public view.
That seems obvious, but senate leaders still insist that they are the ones who should decide when to vote openly. They even claim it would be unconstitutional to require it any other way. A constitutional law professor at Charleston School of Law disagrees, and presents a reasoned case as to why such a law would certainly be constitutional. He challenges senators’ claim that they have the sole authority to govern their procedures, and points out that state law already governs some legislative procedures.
Even if it didn’t, it seems clear the constitution does not grant each legislative body the sole authority to govern the direct relationship between citizens and their elected officials.
Senate leaders seem oblivious to public opinion about transparency. They proved that with a political stunt on the Senate floor -- snidely nicknamed “roll call day” -- during which they deliberately made unnecessary motions and then demanded recorded votes. They spent hours trying to prove that their constituents’ concerns are silly, and that transparency is a “fad.” What senators really proved is that it’s time for them to put up a board like the one in the House to make voting quicker. They also proved that they know how to waste taxpayer time in an unnecessarily long legislative session.
The public has had enough. No one believes the existing process works. Yet Senator Larry Martin, whose subcommittee killed the roll call bill, wrote an article trotting out the tired political strategy we’ve seen for two years: attack supporters of transparency, contrive reasons not to pass a law, and offer convoluted arguments as to why we don’t really need it.
Those arguments are absurd. Another legislative rule won’t provide accountability, but will only create different loopholes that pose no obstacle to Senate leaders who have been in office for decades and are masters at manipulation. Senator Martin makes long, winding arguments about how senators can stop a bad bill if they try hard and get enough of their colleagues to help. None of that matters in practice because lawmakers always find ways to pass controversial legislation without recorded votes. Just recently senators voted on a bill to create a new agency that can do pretty much anything in the name of “economic development,” including acquire property, hire consultants and enter into contracts. Officials of the agency would be accountable to a few legislators. Such government expansion should have received open debate and a recorded vote. Instead, it passed on a voice vote, rushed through by Senate leaders on deadline to send it to the House, where it waits in committee.
Dangerous and costly legislation frequently breezes through the Statehouse unchecked, and will keep doing so absent a state law. One such bill finally passed the House, but was stomped by three senators in subcommittee. But there is time to pass what would be among the nation’s strongest legislative transparency laws before session ends in June. Senator Tom Davis and other reformers want a debate on the Senate floor, and they could make a motion to bring the bill out of committee. At least then citizens can see for themselves where their senators stand on transparency.
It is past time for that to happen. American elected officials are not supposed to defend their own power at our expense, but rather to defend and preserve our rights. We can no longer afford to let them forget that. Ashley Landess is president of the South Carolina Policy Council, a non-profit, non-partisan public policy research organization in Columbia. For more information, log onto www.scpolicycouncil.com.
Transparency Press Conference Held in Myrtle Beach
South Carolina Policy Council President Ashley Landess held a press conference in Myrtle Beach on Oct. 1 with Comptroller General Richard Eckstrom, Myrtle Beach Mayor John Rhodes, and Surfside Beach Mayor Alan Deaton, to commend the two cities on their transparency efforts.
Landess said the cities all over the state that are putting spending online are proof that transparency is not only possible but not so hard.Eckstrom said that government transparency is an opportunity to address citizens'' lack of trust in the government.He also pointed out the ease of putting local government spending online, mentioning that the excuses that officials used in the past for not going online with spending are no longer valid.
See the video below for more on the transparency press conference
What is Government's Proper Role?
Policy Council President Ashley Landess spoke at the Myrtle Beach Conservatives for a Responsible Government on Sept. 24.
Fifty people attended the event, where Landess discussed a number of state issues, including:
Here is a clip of some of the points brought up in the discussion.
Nothing in the foregoing should be construed as an attempt to aid or hinder passage of any legislation. Copyright 2009. South Carolina Policy Council Education Foundation, 1323 Pendleton Street, Columbia, South Carolina 29201.
"Famously Hot" Billboards Burn Taxpayers for $500,000
Bryan Cox August 13, 2009
Richland County taxpayers purchased 29 new billboards along the state’s Interstate highways last month to promote Columbia-area businesses as part of the area’s “Famously Hot” advertising campaign. The ads went up at a cost of $500,000 and will remain in place for a year, according to the S.C. Hospitality Association.
The campaign is funded entirely through a two-percent state surtax on hotel rooms as well as a Richland County surtax on hotels and prepared meals.
The campaign’s proponents apparently miss the irony that taxing hotels and meals drives up the price and actually makes it more difficult for these businesses to compete.
Why America Should Avoid Europe's Mistakes and Reject Government Healthcare
Bryan Cox August 10, 2009
European Parliament Member Daniel Hannan became an overnight internet sensation earlier this year when a YouTube recording of his speech criticizing Europe's massive government spending and record debt levels were the most viewed video for two days running and have received more than 2.4 million hits to date.
That speech made clear that higher public spending, tax increases, and record borrowing in the current economic crisis have placed Europe on an unsustainable path that big-government supporters refuse to acknowledge. Hannan's comments sparked international debate and offered a stark warning to the United States if lawmakers continue their path toward bigger government and more spending.
Last week, Hannan spoke at the Heritage Foundation in Washington and warned how government-run healthcare would be a disaster for the United States. Thanks to the Heritage Foundation for allowing us to share his comments with you here.
Cash for Clunkers a Clunker for South Carolina
Geoff Pallay August 7, 2009
Congress has recently approved extending Cash for Clunkers by appropriating another $2 billion to the program. While it has been deemed popular in the mainstream media because the original $1 billion was used up quickly, the program is in fact a detriment to South Carolinians.
Multiple car dealerships in South Carolina have reported that used car prices are already extremely high because of a diminshed supply of both new and used cars.
In fact, some used car prices are close to that of new cars. Which therefore begs the question: why are we destroying perfectly drivable cars when the used car prices are so high? In simple economics, when price is high, it is unwise to decrease supply – that will only drive up cost to the consumer.
North Myrtle Beach Fee Policy May Violate State Law
Bryan Cox August 6, 2009
North Myrtle Beach officials began charging citizens for copies of public records last month without first determining whether the fees are permissible under state law, according to documents obtained by the Policy Council via the state Freedom of Information Act this week.
Public Information Officer Nicole Aiello stated the city does not possess the requested document in response to the Policy Council’s request for paperwork explaining how the city calculated its fees. State law prohibits public bodies from charging more than the actual cost of producing records, which since the city concedes it never determined raises the question whether the city’s fees exceed the amount allowed by law.
Without any documentation to justify actual costs, fees imposed by the city appear arbitrary and would violate state law if they are in fact excessive, said Columbia attorney Jay Bender. ', '
To have charges pulled out of the air reinforces the notion that citizens are discouraged from seeking information, said Bender.
As of July 6, North Myrtle Beach began charging 25 cents per page for copies, 35 cents per page for color copies and a dollar per page for oversized documents that exceed 10 pages. Citizens are also subject to a $25 charge per hour for any request that takes more than 15 minutes to fulfill. The city manager has authority to waive these fees at his discretion.
City Manager John Smithson previously said the intent of the policy is to discourage broad requests by citizens who seek information just to have it without having a specific question. The city plans to apply fees selectively when a request would take a large amount of time, according to Smithson.
Taxpayers already pay the $50,000 annual salary of a city employee devoted to making public records available, yet Smithson justified charging citizens again due to what he described as a significant increase in information requests related to an April wildfire. That fire burned more than 100 homes during a week-long blaze and has sparked intense scrutiny of decisions made by city officials.
The city produced copies of 15 Freedom of Information Act requests it claims are related to the wildfire. The documents mostly request what appear to be nearly identical information including telephone logs as well as copies of videos, photographs and audio recordings of city communications that once copied could seemingly be duplicated multiple times with minimal effort.
Smithson said North Myrtle Beach has no plans to put its public records online, as nearly a dozen South Carolina municipalities have voluntarily done during the past year. Making information freely available online serves the public while also reducing work for government employees, according to Anderson County Council Chairman Eddie Moore.
Anderson County became the state’s first county to post its financial records online in March. Moore said once citizens can obtain documents online they no longer need to call government officials with requests. This generates significant time savings for staff while greatly improving transparency. It’s also virtually cost free.
We just exported the reports we are already keeping and posted it to the county website. Putting it online didn’t cost a dime, said Moore.
Nothing in the foregoing should be construed as an attempt to aid or hinder passage of any legislation. Copyright 2009. South Carolina Policy Council Education Foundation, 1323 Pendleton Street, Columbia, South Carolina 29201. Visit the Policy Council Facebook page at www.facebook.com/scpolicycouncil or Twitter at www.twitter.com/scpolicycouncil.
News & Events 
Richland County taxpayers purchased 29 new billboards along the state’s Interstate highways last month to promote Columbia-area businesses as part of the area’s “Famously Hot” advertising campaign. The ads went up at a cost of $500,000 and will remain in place for a year, according to the S.C. Hospitality Association.
Congress has recently approved extending Cash for Clunkers by appropriating another $2 billion to the program. While it has been deemed popular in the mainstream media because the original $1 billion was used up quickly, the program is in fact a detriment to South Carolinians.
North Myrtle Beach officials began charging citizens for copies of public records last month without first determining whether the fees are permissible under state law, according to documents obtained by the Policy Council via the state Freedom of Information Act this week.
