Copper Dome Chronicle: 2023 Session Week 1

Welcome to the first volume, first edition of the Copper Dome Chronicle sponsored by Advocatus. We strive for substantive writing with brevity, inspired by the book Smart Brevity; one of the best books about communications and writing we’ve read in years.

This week’s edition, covering January 10-12, 2023, is 765 words or a three (3) minute read.

1. February 1, 2023 is THE date

The most important action in the South Carolina General Assembly this week was the release of the draft Judicial Merit Selection Commission report, which will become final at 12pmET on Tuesday, January 17, 2023. At that time candidates for various judgeships may ask for vote commitments from the 170 legislators ahead of the February 1, 2023 judicial elections.

We say this is THE date because the election of judges is a huge event under the copper dome. There is much politicking and it goes far beyond just party lines or political philosophy. There is regionalism; there is the business lobby versus the plaintiff bar lobby; there is law enforcement versus the criminal defense bar; and too many others to list. Some observers and former legislators have claimed legislation is moved forward or stalled on the outcomes of judicial elections. While legislation will begin to be debated in the chambers this week, the real debate for the next fifteen days will be about judicial elections - especially State Supreme Court Seat 4.

2. Senate GOP Priorities Moving

Last week two Senate Republican Caucus priorities received favorable reports out of full committee: S.39, a bill to create education scholarship accounts (ESAs), and S.164, a bill to repeal certificate of need (CON) for most health care facilities except nursing homes and the Medical University of South Carolina (MUSC).

S.39 was amended by the Senate Education Committee, reverting back to a version of the bill passed by the Senate in 2022. S.39, as introduced, was the conference report of S.935 that was adopted by the House but not adopted by the Senate in the previous session. Senate Education Chair Sen. Greg Hembree stated he had amendments he would offer during the floor debate, some technical in nature and some more substantive. Sen. Harvey Peeler, who is the Senate Finance Committee Chair, stated he would have an amendment to clarify the fiscal impact of the legislation. The bill is likely headed for one of the two special older slots, which puts the bill in a priority status on the Senate calendar.

S.164 was not amended and received a favorable report from the Senate Medical Affairs Committee. Reforming or repealing the state’s certificate of need laws has been hotly debated the past few legislative sessions. Like S.39, it is likely S.164 will receive a special order slot.

3. FY24 House Budget Process Begins

Several House Ways and Means Subcommittees met during the first week holding budget hearings for state agencies and entities under their jurisdiction. The week of January 17 will see thirteen (13) more budget hearings.

The full House Ways and Means Committee debated H.3604, a joint resolution appropriating $500M from the Contingency Reserve fund to pay cash, instead of incurring new state debt, for economic development projects authorized by the Joint Bond Review Committee and the State Fiscal Accountability Authority in FY23. Additionally, $586.6M in remaining America Rescue Plan Act (ARPA) funds were appropriated to the Rural Infrastructure Authority for water and sewer infrastructure applications that have been already submitted to the agency for review, approval, and prioritization.

4. Bill Introductions

Advocatus wrote about the prefiling process with a five-part series and we received many compliments last week on it (THANK YOU!). Beginning January 11, there were ninety-six (96) new bills introduced in the House and fourteen (14) new bills introduced in the Senate.

One annual resolution introduced was H.3603, which invites Governor Henry McMaster to address the South Carolina General Assembly on Wednesday, January 25, 2023 at 7pmET to deliver his State of the State address. The South Carolina General Assembly website has a search option just for bill introductions; we invite readers to check it out.

A few House bill introductions to watch: H.3690 (anti-ESG bill with much of the House GOP leadership as cosponsors); H.3619 (a bill regarding the disclosure of execution team members when administering the death penalty); H.3617 (a bill to increase paid parental leave for state employees).

A few Senate bill introductions to watch: S.380 (a bill amending legal guardianship laws); S.384 (a bill to clarify the personal vehicle property tax exemption for disabled veterans); S.381 (a bill to ratify the voter-approved constitutional amendments increasing the General Reserve fund from 5% to 7% of general fund revenue and increasing the Capital Reserve Fund from 2% to 3% of general fund revenue).

Thanks for reading this first volume, first edition of the Copper Dome Chronicle. We welcome your feedback and commentary!