Copper Dome Chronicle: 2023 Session Week 18
Welcome to this week’s 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 May 8-12, 2023, is 889 words or less than a 4 minute read. There are 0 legislative days remaining in the 2023 regular session and an unknown number of days remaining in the special session. Thanks for reading and sharing; we welcome your feedback and commentary!
1. Regular Session Ends…Special Session Begins
The 2023 regular session of the South Carolina General Assembly concluded on May 11 in accordance with the statutory sine die adjournment requirement found in SC Code § 2-1-180. No sine die resolution was adopted - more on that below - and Governor McMaster promptly called for a special session beginning May 16.
House Speaker Murrell Smith, while speaking to the whole House on May 11, had signaled a special session was likely and that the House would return on May 16 to begin debate on S.474, the Senate’s bill to regulate abortion. According to news reports, over 1,000 amendments have been filed on the bill. The bill, before being amended by the House Judiciary Committee on May 9, was vastly different from H.3774, the House bill regulating abortion that was deferred until 2024 by a motion made under Senate Rule 14 on April 27 during a Senate floor debate.
Senate President Thomas Alexander issued a memorandum to all senators dated May 12 stating the Senate would convene at 12pm on May 16 and immediately adjourn, but would return on May 23 at 12pm. At this time it is unknown if the Senate will take up any legislation other than the budget conference committee report, which is expected to be debated in both chambers the week of May 22.
Governor McMaster’s Executive Order calling the special session mentions four bills or policy recommendations: complete the FY 2023-2024 budget, S.474 (abortion), H.3532 (criminal bond reform), and “legislation to enhance penalties for illegal gun possession” such as sections 17 and 17 found in H.3594. The House and Senate can, in theory, debate any legislation within their respective rules. Fun fact: House Rule 5.12 governs the crossover deadline (April 10) for Senate legislation received by the House, which requires a two-thirds vote of members present to waive it. But the rule explicitly states this rule only applies to regular sessions, not special sessions, so more Senate legislation is theoretically in play. The Senate has no such provision in its crossover rule.
2. Bills That Passed
The final week of the regular session is quite the roller coaster ride with many votes, speedily-called conference committees, and unanimous consent motions of all stripes. Here are some hotly debated bills and priority legislation that made it across the finish line last week.
S.36 (DUI ignition interlock devices)
S.120 (lethal injection shield law)
S.146 (Sexually Violent Predators Act)
S.164 (certificate of need repeal)
S.259 (structured settlements)
S.284 (local accommodations taxes for workforce housing)
S.380 (kinship guardianship/KinGAP)
S.399 (DHEC restructuring)
S.520 (pharmacy benefits managers)
S.549 (auto dealers/DMV)
S.566 (craft brewing)
S.569 (Alzheimer’s disease state plan)
S.739 (housing tax credits)
H.3142 (Robert Smalls Day)
H.3340 (endangered person notification system)
H.3605 (Earn and Learn Act/licensing reform)
H.3681 (local government prohibition tobacco products)
H.3726 (workforce development restructuring)
H.3908 (school district personnel paid family leave)
H.3952 (vehicle closing fees)
H.4115 (general/mechanical contractors code)
H.4122 (lifesaving medication administration in schools)
3. Bills That Didn’t Pass But Remain Alive
Some bills that did not pass during the final week of regular session but are listed on the May 16 House calendar, the May 11 Senate calendar, or have conferees appointed to a conference committee. They are all alive if the political will exists to pass them.
H.3014 (hate crimes enhanced penalties)
H.3360 (Center for School Safety)
H.3433 (saltwater fishing privileges)
H.3690 (anit-ESG bill)
H.3503 (anti-fentanyl trafficking)
H.3532 (criminal bond reform)
H.3553 (comprehensive adoption and permanency bill)
H.3583 (sexual extortion)
H.3594 (constitutional carry)
H.3728 (South Carolina Transparency And Integrity In Education Act)
H.3782 (video streaming services)
H.4023 (First Steps reauthorization)
H.4120 (SLED illegal immigration enforcement unit)
H.4300 (FY 2023-2024 General Appropriations Act)
H.4301 (Capital Reserve Fund Bill)
S.96 (watercraft safety education)
S.330 (destruction of utility infrastructure)
S.407 (opioid antidotes)
S.418 (Read to Succeed restructuring)
S.474 (abortion)
4. No Shoes…No Shirt…No Sine Die
Country music star Kenny Chesney’s album No Shoes, No Shirt, No Problems went quadruple platinum in 2002, which would lead to Chesney winning the American Country Music Awards Top Male Vocalist at its 2003 awards show. But something else happened in 2003: the General Assembly didn’t adopt a sine die resolution. Since 1975, the only year when a sine die resolution wasn’t adopted was 2003 and the question on the minds of many observers is will 2023 repeat the past?
The year 2003 was Governor Mark Sanford’s first year in office on the first floor under the copper dome. That year the House passed a sine die resolution but it did not receive the two-thirds vote threshold in the Senate. On June 4, 2003 the Senate debated the sine die resolution, including a famous “2 minute recess” that was in reality a “41 minute recess.” The 22 budget vetoes remained in limbo until January 2004 when the General Assembly, led by the House, sustained 17 budget vetoes and overrode only 5 vetoes.
Time will tell if 2023 will repeat 2003 or will the General Assembly coalesce around a sine die resolution during its special session.
Sine Die Resolutions
2003 Sine Die Resolution - NO SINE DIE RESOLUTION
2023 Sine Die Resolution - TBD
