Copper Dome Chronicle: 2023 Pertinent Prefiles Part 1
Welcome to this week’s edition of the Copper Dome Chronicle, sponsored by Advocatus USA. We strive for substantive writing with brevity, inspired by the book Smart Brevity. It’s one of the best books about communications and writing we’ve read in years.
This edition is 887 words or less than a 4 minute read. Today we preview the 2023 prefiling period for the second regular session of the 125th South Carolina General Assembly. Thanks for reading and sharing; we welcome your feedback and commentary!
1. The Preseason Has Begun
Under the Copper Dome, advocates tend to think of session as “the season” and everything else as “the offseason,” to paraphrase a sports analogy. While study committees, ad hoc committees, and legislative oversight hearings have been held after the first regular session adjourned sine die, the prefiling period signals “the preseason” for the upcoming session.
In 2022 we produced a five part series on prefiling; our first multiple part series as a service to our clients and readers. This year’s prefiling period is different because it is the second, and last year, of the current General Assembly. Any legislation not passed by sine die in 2024 is no longer alive and must be introduced with the 126th South Carolina General Assembly.
The House has set November 16 and December 14 as its prefile dates; the Senate prefiling date has been set for November 30.
2. Why Prefile?
In Part 1 of our prefiling series last year, we provided some context why some bills are prefiled, which is not a requirement under the state constitution, state statutes, or rules of either chamber. And while this is the second session of a two-year legislature, there are some pertinent reasons to prefile.
Fulfill a campaign promise. In general it’s advisable to keep campaign commitments once elected to office. Prefiling legislation that was part of a campaign platform checks the box. This is especially true in the second regular session when candidate filing opens for every House and Senate seat on March 16, 2024 and closes on April 1, 2024 (because March 30 is a Saturday).
Laying down a marker. Legislators are apt to send messages through many mediums, including filing legislation. Prefiling legislation communicates something to an interest group, constituency, state agency, or even another elected official.
Committee referral the first day of session. When a bill is introduced it is “read across the desk” and referred to the committee of jurisdiction. Most bills have a subcommittee to full committee to floor calendar path, though on rare occasions bills have been referred to multiple committees. Prefiling ensures a bill will begin its committee journey the first day of session and allow it the maximum number of days to pass a chamber before the April 10 crossover deadline. The difference this prefilng period is April 10 really means something because after sine die, this current General Assembly will cease to exist, barring extraordinary circumstances. If a bill cannot pass its chamber of origin next year, it’s very unlikely to become law in 2024 without some extraordinary parliamentary procedures.
3. What New Legislation Could Be Introduced?
Because this is the second session, many issues already have pending legislation. But there are some new issues that came to light during the last session and from offseason committee work that will lead to new legislation. Here’s a list of ten issue areas to keep on the radar (not an exhaustive list).
Judicial Reform: The method by which South Carolina vets and elects judges has drawn much attention, and a House ad hoc committee has been formed. Several bills were filed during the first session, but more are on the way.
Child Care: House Speaker Murrell Smith and Senate President Thomas Alexander announced a joint study committee on child care, in the context of increasing the availability and access to it from a workforce development perspective.
Energy: Speaker Smith has stated many times at public events he wants to move an energy bill in 2024 to increase South Carolina’s economic competitiveness. Senator Tom Davis has made many public comments about energy policy as well.
Education: There is a House ad hoc committee evaluating the governance of high school athletics, but bills to address teacher recruitment and retention, school discipline, and content used in public schools are likely to be filed.
Health Care Agency Restructuring: A comprehensive review of the state’s health care structure is nearing completion by an external consultant. This report could lead to restructuring several agencies, such as the Department of Health and Human Services, the Department of Mental Health, the Department of Disabilities and Special Needs, and others.
Artificial Intelligence: Regulating generative AI is THE topic for 2024 state legislative sessions; expect several competing bills. But a study committee may be the ultimate landing spot because the issue is complicated and the South Carolina General Assembly has not tackled many technology issues in recent years.
Child Nutrition: a study committee met to discuss child nutrition in schools. Two issues specifically were studied: if the state should provide no-cost meals to all public school students regardless of income, and should the administration of the program remain at the South Carolina Department of Education or move to the Department of Agriculture.
Insurance Fraud: Several House Legislative Oversight committee meetings were held on this topic as the industry has claimed an increase in fraud is, at least in part, the basis for rising insurance premiums in the property and casualty, auto, and general liability markets.
Regulatory Reform: Occupations, energy, health care, and permitting, legislation will be filed to streamline and modernize several regulatory processes.
Oversight: The Department of Aging and the Commission on Higher Education had extensive House Legislative Oversight activities in 2023, and legislation is very likely to be introduced to address issues or concerns discovered during that process.
