February 10, 2012

Payday lending association critical of Sanford’s veto

Governor Mark Sanford has vetoed the payday lending bill. The final version of the bill would protect consumers by preventing anyone from taking out more than one loan at a time, and would create a waiting period of 24 hours before a borrower is allowed to take out another loan after paying one off.

Officials with the payday lending trade association, Community Financial Services Association of America in the nation’s capital, is critical of the governor’s action, saying that veto would eliminate a compromise which they welcome. The Association’s Board Chair Lynn DeVault says while the bill is one of the strictest in the country, that the South Carolina restrictions would stabilize the lending environment and allow more lenders to continue serving borrowers who need that credit option.

One of the Financial Services Association’s founding members is Advance America, a publicly traded company on the New York Stock Exchange, with national headquarters in Spartanburg. It has 2,850 offices nationwide and 500 employees in South Carolina, 225 of which are in downtown Spartanburg.

Advance America Public Affairs Director Jamie Fulmer says regulated payday lenders serve those whose need short-term loans.  “Millions of Americans use this service across the country each year.  They see this as a rational, cost-competitive alternative to their other options when they find themselves in need of short-term options, so we believe it’s important to preserve their ability to access this protect.” 

Some states have shut down payday lending, but Fulmer points out that those laws have only affected the lenders who abide by regulations.   “Quite frankly there are a host of unregulated providers offering unregulated loans, particularly in North Carolina and Georgia.  And I think there’s academic research that suggests that taking away a regulated product in states where they’ve  done it is not necessarily a good thing.  For instance, it drives consumers to higher cost options.” 

The Federal Reserve Bank conducted a study indicating that, after the regulated industry left North Carolina and Georgia, borrowers looking for short-term loans had to pay higher bounced check fees and complained more to the Federal Trade Commission.

Northeast region looking to future with I-73 project

Located in the northeast corner of South Carolina, the North Eastern Strategic Alliance (NESA) is the central point of contact for businesses interested in locating or expanding in the nine county region which includes Chesterfield, Darlington, Dillon, Florence, Georgetown, Horry, Marion, Marlboro, and Williamsburg Counties. NESA Executive Director Jeff Mckay says May 21 was a great day for the region when the news broke that the South Carolina Department of Transportation approved funding for the purchase of the land for the state’s portion of the I-73 corridor. Mckay says even though the project is still years away, securing funding for the land is a great step toward the rapidly growing region fully realizing its great potential.

“We’ve got to have a way to efficiently move those folks around that are living there. Also, you have to keep in mind that we have 14 million people annually that are traveling into Myrtle Beach and we have to have a way to get those folks in there also.”

Mckay says the region boasts a population of nearly 700,000 and is growing exponentially as more and more people are moving to the area.

Mckay says there is no doubt that interstate access would make the area more attractive to industry as well as tourists. “As we travel around the nation and talk to companies, site location consultants, industrial brokers and realtors we carry a good message from a cost standpoint and they know we’re a good place to do business. But we have to continue to prepare our infrastructure and make our region capable of handling the growth we think is going to occur.”

According to a study conducted by Coastal Carolina University research economist Don Schunk construction on the I-73 corridor will create more than 7,500 jobs throughout the ten years the project takes to complete.

Mckay says, when completed, I-73 will be of great assistance to the region in terms of safety if a hurricane evacuation is warranted. “God forbid we have an issue like that to occur, but if we do, I-73 is definitely an opportunity to have a better evacuation route that helps from a safety standpoint not only for the coastal areas, but to those counties to the inland as well.

When completed, Interstate 73 will stretch from Michigan to Myrtle Beach.

Sanford’s decision on Alzheimer’s bill pending

A measure calling for expanded information gathering in order to further study Alzheimer’s disease and the caregivers of persons who have the disease remains on Governor Mark Sanford’s desk. The bill sponsored by Cherokee County Senator Harvey Peeler and Dorchester County Senator Michael Rose calls for the expansion of data collected by the Alzheimer’s Disease Registry.

The registry was established 20 years ago to track the number of cases of Alzheimer’s and dementia in the state. Alzheimer’s Association of South Carolina spokeswoman Beth Sulkowski says the information gathered would help the state develop better public policy as well as services that are geared toward helping people with the disease and their caregivers. Sulkowski says learning about the lifestyle of the sufferer could lead to finding out more about the root causes of the disease. Sulkowski says information on caregivers is just as important.

“Many times a caregiver’s health will decline quicker than the person with Alzheimer’s or dementia due to the stress. We’re interested in finding out what a caregiver’s experience is like and do we need more support services in the state for those individuals.”

In 2000,  the number of South Carolinians with Alzheimer’s or a related disorder was 67,000. That number is expected to rise to 80,000 next year. Sulkowski says the numbers are thought to be larger because many families in the state are taking care of persons with various types of dementia that have not been formally diagnosed, because many persons think their loved ones conditions are a natural part of aging. Sulkowski says Alzheimer’s is not a natural part of aging.

Sulkowski says enhanced public policy for persons with Alzheimer’s and their caregivers is essential from a humanitarian and economic standpoint. Sulkowski says about 70 percent of caregivers of Alzheimer’s patients in the state are family members and each adult caregiver providing , in many cases, round the clock care is an adult removed from the state’s workforce.

“This not only affects the economy, but it also affects that caregiver because when they step out of that employment in order to become a caregiver, most of them will lose their own health insurance. It’s really a ripple affect. Alzheimer’s doesn’t just affect one person, it really changes day to day life entirely for a whole family.”

Sulkowski says a grant from the Department of Mental Health provides funds that help caregivers take a break from the 24 hour responsibility of caring for an Alzheimer’s patient. Caregivers can use a voucher of up to $500 for an in-home care provider, access an adult day care center, or a short term stay in a residential facility.

Sulkowski says age and heredity are important components in the study of the on set of Alzheimer’s, however lifestyle is also important. Sulkowski says the health of a person’s brain is often tied to the health of a person’s heart. “We do recommend staying physically active and mentally active. Continue learning new things, read, do crossword puzzles and so on.   Also stay socially active because isolation tends to hasten the rate in which cognitive health declines.”

Sulkowski says in order to better serve people with Alzheimer’s and their caregivers, researchers need to get more information on the forms of treatment these patients are getting including what medications they may be taking to slow the progression of the disease.

Sulkowski says the community long term programs through Medicaid are often seen throughout the state. That program allows for in-home care providers to come into the home and assist with that level of care. Sulkowski adds that Medicaid is also the only program that covers the cost of long term care in a facility in a skilled nursing setting. Sulkowski says more help is needed in the area of assisted living care.

“Right now there really isn’t any help for the cost of assisted living care. We have to take a closer look at that and other things moving forward in the future because there is a really great for those levels of care.”

Sulkowski says unfortunately many families have not planned their budgets in order to pay for assisted living care. Sulkowski says we are moving to a point where people are gaining information on their long term care options including private long term care insurance.

SC Supreme Court hears stimulus cases

Two cases were argued in South Carolina Supreme Court today to decide if Governor Mark Sanford can refuse part of federal stimulus money set to come to South Carolina.

The plaintiffs in both cases argue that the governor must take the funds, as directed by the state legislature when it passed a budget that included the funds, and then overrode the governor’s veto of that budget. 

If the situation sounds complicated, it is, according to attorneys on the governor’s side.  Not so, according to plaintiff’s lawyers, who say the state constitution clearly and rightly allows for the will of the people (legislature) vs. the will of one executive power.

Attorney Dick Harpootlian contends that  South Carolina’s constitution eschewed the idea of a strong executive because of  the tyranny of England in the American Revolution. Harpootlian is the attorney in the  first case, that of high school student Casey Edwards and a law school student, Justin Williams, versus the state and governor. Harpootlian set up his side of the case:

 Harpootlian on precedent, questioned by Justice Toal MP3 (3:18)

Governor Mark Sanford earlier this year “certified” those funds, per the federal act that allocates the money.  Certification was the first step in the process of “drawing down” certain monies from the American Recovery and Reinvestment Act (ARRA) of 2009. That action  was the focus of some of the Supreme Court’s questioning Wednesday.

Sanford’s acting attorney for this argument, Adam Charnes, argued that the governor was unwittingly compelled to agree to terms in the stimulus bill that are “not true”:

 Charnes with Justices Beatty and Toal: certification contention MP3 (4:29)

Interchange between Justice Toal and Sanford’s counsel showed that part of the case’s outcome may hinge on the wording of the federal bill that provides the funding in the first place.

Sentence diagramming with Justice Toal (MP3 (1:29)

Chief Justice Jean Toal afterward says she plans to rule in the next day or two. If the high court rules for the plaintiffs, this will allow the state to meet a July 1 federal deadline to apply for $700 million in stimulus money for education and law enforcement.  Within that are funds for the SC Supreme Court.

LINK to lawsuit papertrail.

Manatees migrate to SC, coastal boaters cautioned

Boaters along the coastline should use caution for the first time this year, the South Carolina Department of Natural Resources has spotted manatees in South Carolina.

“A manatee is a marine animal, also known as a sea cow. They’re generally very slow moving animals. They’re very docile.  They have no natural enemies,” says U.S. Fish and Wildlife Service spokesperson Nicole Adimey.

Adimey says every spring and summer manatees move north up the coast for feeding and mating. Although these near one ton, 10 feet long sea creatures have no natural enemies, they do run into one major hazard.

“Their interactions with watercraft and because of the dark water surrounding various areas around the coastline, sometimes they’re very difficult to locate in the water and boaters may not even know they’re around their boat when they’re swimming around. About 25 percent of the population is hit annually and we have deaths associated with the water crafts,” says Adimey.

These collisions are more likely to occur in shallow waters because that’s where manatees normally migrate to. Adimey says she is noticing an increase in the number of manatees, specifically along the coast of the Carolinas, Georgia and Virginia.

“I personally believe it’s an artifact of several things; one, people are more aware of what a manatee is and they know what to look for, and we have more reporting from the general public. And I think that there is an increase in their population and an increase in their range. I think there’s a variety of things that are going on maybe from an environmental standpoint, different season patterns and climate changes,” says Adimey.

Manatees usually return to Florida in September for the winter months, but before they do, Adimey says to just use caution, and do not ffeed the mammals.