Governor Sanford has VETOED Budget Proviso 37.36 which would provide funding to expand the capabilities of the Department of Corrections (DOC) to more expeditiously accept and process newly-sentenced inmates who are awaiting transfer from local jails (Click here to read the complete document—see Veto 69 on page 31).

The General Assembly will be back TOMORROW (Thursday, June 28) to act on the Governor's vetoes. Please contact the members of your legislative delegation (particularly your HOUSE members—Proviso 37.36 was a part of the Senate budget as passed, but not the House) and ask them to OVERRIDE THE GOVERNOR'S VETO.

Since time is of the essence, you need to CALL or E-MAIL your members NOW. House E-mail addresses and phone numbers are attached! Please stress to your legislators why they should override the Governor's veto of Proviso 37.36:

It provides a permanent solution to DOC not accepting its prisoners from local jails in a timely manner. This has been a source of frustration for counties for a number of years and was further aggravated by the imposition of a “quota system” by the Corrections Director on January 1. This “new” system dictates the maximum number of inmates DOC will accept from each county per week. It has further backlogged the number of state inmates awaiting transfer from local jails to DOC.

It recognizes that DOC must comply with its statutory obligations. Section 24-3-20(A) provides that a person convicted of a state offense and sentenced to more than three months is in the custody of DOC. Further, Section 24-3-60 provides that DOC must transport these inmates as soon as it receives notice from the county. These are state inmates, not county detainees, and the custody and financial responsibility rest with the state.

There is no legal authority to impose a quota system. Numerous Attorney General’s Opinions over the past 30 years have concluded that there is no legal authority to grant DOC any discretion in accepting its prisoners. Further, DOC must accept them “with due diligence and reasonable promptness.”

It recognizes that this is a state problem requiring state funding. The net effect of not timely accepting state inmates from local jails is to shift the financial responsibility and liability to the counties and to aggravate already overcrowded conditions in local jails.

It would help alleviate jail overcrowding and reduce potential liability. The counties do not have the additional space, staff, resources and services that are required for sentenced prisoners that are not required for detainees:

Sentenced prisoners CANNOT be placed in any unused bed space. Classification requires that pre-trial be separated from sentenced; males from females; juveniles from adults; etc.

The U.S. Constitution, federal and state law, case law and state standards require a different level of care for sentenced inmates, particularly in regards to medical care.

State prisoners cannot earn “work credits” while housed in local jails.

Counties have carried this burden for too long, and it is one they can no longer afford or tolerate. State funds are needed to rectify this situation permanently.

THANKS FOR YOUR HELP!

Senate Budget proviso 37.36 that would eliminate the prisoner inmate quotas was adopted in the Senate’s version of the Budget, but it is not contained in the House’s version. A conference committee to reconcile differences in the two versions of the State Budget has been appointed. Their first meeting is Monday, May 14, at 3:00 p.m.

The budget conferees for the House are REP. DAN COOPER, REP. TRACY EDGE AND REP. DENNY NEILSON, and the conferees for the Senate are SEN. HUGH LEATHERMAN, SEN. JOHN LAND AND SEN. HARVEY PEELER. Their contact information is attached.

PLEASE CONTACT THESE LEGISLATORS AND ASK FOR THEIR SUPPORT OF SENATE BUDGET PROVISO 37.36 AND THE FUNDING TO IMPLEMENT IT. ALSO, CONTACT YOUR HOUSE MEMBERS AND ASK THEM TO CONTACT THE HOUSE CONFEREES TO URGE THEIR SUPPORT. Talking points are enclosed.

Senate Budget proviso 37.36 would provide funding to expand the capabilities of the Department of Corrections (DOC) to more expeditiously accept and process newly-sentenced inmates who are awaiting transfer from local jails. The additional $1.9 million for staff and facilities operations will provide a permanent solution to the backlog of sentenced prisoners awaiting transfer from local jails to DOC.

The issue of DOC not accepting its prisoners from local jails in a timely manner is not new and has been a source of frustration for county officials for a number of years. It was further aggravated by the imposition of a "quota system" by DOC on January 1 that dictates the maximum number of inmates DOC will accept from each county per week. DOC has not complied with its statutory obligations to assume custody of these prisoners upon sentencing. Numerous Attorney General’s Opinions have concluded that there is no legal authority to grant DOC any discretion in accepting its prisoners.

The net effect of not timely accepting state inmates awaiting transfer from local jails is to shift the financial responsibility and liability to the counties and to aggravate already overcrowded conditions in local jails. And despite the fact that state law requires DOC to provide transportation, all but one county transports these inmates. This is a burden the counties can no longer afford or tolerate. State funds are needed to rectify this situation.

PLEASE CONTACT THE BUDGET CONFEREES–AND ASK YOUR HOUSE MEMBERS TO CONTACT THE HOUSE CONFEREES–AND TELL THEM TO INCLUDE SENATE BUDGET PROVISO 37.36 IN THE CONFERENCE COMMITTEE’S REPORT. Please convey any feedback you receive to Kathy Williams at the SCAC Office at 1-800-922-6081. Thank you.

CHIEF ADMINISTRATIVE OFFICERS: PLEASE FORWARD A COPY OF THIS TO ALL MEMBERS OF COUNCIL AND ANY MUNICIPAL AND SCHOOL OFFICIALS IN YOUR COUNTY.

H. 3615 would impose a spending limitation on all spending of local governments, regardless of the revenue source or purpose. Enclosed are the most relevant portions of H. 3615, a summary of H. 3615, and a Ways & Means Committee roster with contact information.

H. 3615 has been scheduled for a hearing in a House Ways & Means Subcommittee consisting of Reps. Adam Taylor (chairman), Gilda Cobb-Hunter, Shirley Hinson, Roland Smith, and Harry Ott. The meeting information is:

PLEASE MAKE EVERY EFFORT TO ATTEND THIS MEETING AND MAKE CONTACTS WITH THE MEMBERS PRIOR TO THE MEETING.

It is important that as many county officials contact the subcommittee members as soon as possible. Telephone or in person is best, but e-mail will also help. It is also important to reach the members of the full House Ways & Means Committee. Please relay the outcome of any contacts to either Robert Croom or Tim Winslow of the SCAC staff at 1 (800) 922-6081 or via email at robert@scac.state.sc.us or tim@scac.state.sc.us.

A good showing of county officials at the subcommittee meeting to explain the impact of H. 3615 on their community services is vital. If H. 3615 is reported out of subcommittee, we will need to spend the rest of the morning contacting the rest of the members of the House Ways & Means Committee.

THESE ARE ONLY THE MOST RELEVANT PORTIONS OF THE BILL. The full text is available at: http://www.scstatehouse.net/sess117_2007-2008/bills/3615.htm

H. 3615

Sponsors: Reps. G.R. Smith, Harrell, Merrill, Bedingfield, Haley, Bingham, Bowen, Cato, Duncan, Edge, Hamilton, Harrison, Haskins, Lowe, G.M. Smith, J.R. Smith, W.D. Smith, Stewart, Loftis, Hagood and Toole.

Whereas, the last three decades, South Carolina state and local governments have grown faster than revenues, and annual government growth also has outpaced the per capital growth; and

Whereas, despite the good intentions of state lawmakers who cut property taxes in 1995, local governments, including counties, municipalities, and school districts, have perpetually increased fees and property tax millage rates and have adopted local option sales taxes, all of which have increased the burden placed on taxpayers and business by local government; and

Whereas, during the 2006 legislation session, in response to the demand for property tax relief by the people of South Carolina, the General Assembly courageously acted by enacting meaningful property tax cuts; and

Whereas, at least twenty school districts and several municipal and county governments across the State have attempted to circumvent the tax relief provided by the General Assembly in 2006 by artificially increasing millage rates and thus taxes to offset the anticipated reduction in taxes; and

Whereas, the General Assembly must now act to ensure fiscal accountability, responsibility, and fairness at the local government level. Now, therefore,

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

SECTION 1. This act may be cited as the "Local Government Fiscal Accountability and Fairness Act".

SECTION 2. Article 3, Chapter 1, Title 6 of the 1976 Code is amended by adding:

H. 3615

H. 3615 applies to counties, cities and school districts.

Total expenditures for all operating purposes may increase over the prior year’s expenditures to the extent of the increase in the Consumer Price Index (CPI) plus the percentage increase in the previous year in the population of the entity.

This spending cap could only be exceeded only during a state of emergency declared by the Governor, and then two-thirds of the governing body votes to exceed the cap.

A cap which limits local government to CPI plus population ignores the reality of governmental inflation costs. Items which make up portions of a local government budget, like gasoline, workers’ compensation insurance premiums, employee benefits costs (retirement contributions, health insurance), heavy equipment maintenance, road resurfacing, etc.... are not included in the CPI or not in the same proportions as in consumer budgets. Therefore, this bill will unreasonably limit spending to an index which fails to recognize legitimate governmental costs.

This legislation will make it impossible for a local government to prepare for a known future increase in population in a timely manner. Even if a large development is announced, it will take years for that population increase to be reflected in the allowed limitation. A county would be unable to prepare in advance for the new service demand, and it would take longer for a county to meet any increased service demand.

The legislation mirrors last year's population increase language which the Office of Research and Statistics has said requires a decrease in the amount a local government may increase their millage. Should this legislation pass, several counties’ increase in expenditures will be limited to less than CPI.

The legislation would make it difficult for a local government to utilize federal or state grant money. If a county did not have room under the spending cap, the spending of the grant dollars would mean a county would have to limit spending on something else.

There is no exemption when the state or federal government requires new services or additional features in existing services. If a county were at its spending limit, even if the state or federal government gave the county the money to pay for the additional services, other services would have to be cut. Past examples include EPA subtitle D landfill costs, new voting machines which required a match, sight and sound separation of juveniles held for trial, ....

Under H. 3615, any capacity to increase spending under the limitation would be lost in the following years, if spending were not increased each year. If a new service was known to be coming (such as increased EMS service on each ambulance) and the cost exceeded the projected allowable increase, the county might be required to cut services in other areas to provide the additional (EMS) service—even though not all spending available under the cap the previous year(s) was not used.

H. 3615 is very different from the state spending limitation bill (H. 3295) passed by the House earlier this year. The state limit applied only to the general fund, not user fee funds which are accounted for separately. The state spending limit increases each year and spending capacity not used in one year is carried over to the next. To exceed the state cap it is 2/3 vote of those voting, not the entire membership of the General Assembly.

Next Tuesday, the Senate will begin deliberation on the State Budget. One of the provisos under consideration will be Proviso 37.36, proposed by Sen. Mike Fair, which would provide funding to expand the capabilities of the Department of Corrections (DOC) to more expeditiously accept and process newly-sentenced inmates who are awaiting transfer from local jails. We ask that you CONTACT YOUR SENATORS AND SOLICIT THEIR SUPPORT FOR PROVISO 37.36. Here are some reasons why this proviso should be supported:

• It provides a permanent solution to DOC not accepting its prisoners from
  local jails in a timely manner. This has been a source of frustration for counties
  for a number of years and was further aggravated by the imposition of a "quota
  system" by the Corrections Director on January 1. This "new" system dictates the maximum number of inmates DOC will accept from each county per week. It has further backlogged the number of state inmates awaiting transfer from local jails to DOC.
   
• It recognizes that DOC must comply with its statutory obligations.
  Section 24-3-20(A) provides that a person convicted of a state offense and
  sentenced to more than three months is in the custody of DOC. Further,
  Section 24-3-60 provides that DOC must transport these inmates as soon as it receives notice from the county. These are state inmates, not county detainees,
  and the custody and financial responsibility rest with the state.
   
• There is no legal authority to impose a quota system. Numerous Attorney
  General’s Opinions over the past 30 years have concluded that there is no legal
  authority to grant DOC any discretion to refuse to accept its prisoners. Further,
  the Department must accept them "with due diligence and reasonable promptness."
   
• It recognizes that this is a state problem requiring state funding. The net
  effect of not timely accepting state inmates from local jails is to shift the
  financial responsibility and liability to the counties and to aggravate already overcrowded conditions in local jails.
   
• Counties have carried this burden for too long, and it is one they can no
  longer afford or tolerate. State funds are needed to rectify this situation
  permanently.

There have been numerous editorials by almost all of the daily newspapers regarding the state’s obligation to pick up their prisoners from local jails. We appreciate the hard work of Sen. Mike Fair in proposing a permanent solution to this problem and to the Senate Finance Committee for its support of this budget proviso.

PLEASE ASK YOUR SENATORS TO SUPPORT BUDGET PROVISO 37.36 WHEN THE BUDGET BILL IS DEBATED ON THE SENATE FLOOR. If you have any questions, please contact Kathy Williams. Also, please let us know any feedback you receive. Thanks very much for your help!