Copper Dome Chronicle: 2023 Session Week 2

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 January 17-19, 2023, is 1,037 words or a four (4) minute read.

1. State Supreme Court Shock

As mentioned in the inaugural edition of the Copper Dome Chronicle, judicial elections are a huge event each year in the General Assembly. This year State Supreme Court Seat 4 was on the docket for election with the retirement of Justice Kaye G. Hearn. Four candidates applied, four were found qualified, and three were nominated for election by the Judicial Merit Selection Commission. The three nominated: The Honorable David Garrison “Gary” Hill, The Honorable Aphrodite Konduros, and The Honorable Stephanie Pendarvis McDonald.

The rumor mill on social media was buzzing during the evening of Monday, January 16th that Judge Konduros and Judge McDonald were planning to withdraw their nominations, leaving Judge Hill as the sole remaining candidate. On Tuesday, January 17th those rumors became fact and Judge Hill remains the sole candidate for the seat. While it is not unusual for judicial candidates to withdraw from a contest, it was not expected in the election for State Supreme Court Seat 4. February 1 will still be one of the most important days of this General Assembly, but somewhat muted after this development.

2. The Fight Against Fentanyl

House and Senate Judiciary subcommittees held hearings last week on legislation to impose new criminal penalties for trafficking in fentanyl and fentanyl-related substances. Powerful, emotional testimony was offered by parents who had children pass away due to fentanyl use and exposure, in many cases where the victim was unaware they were exposed to fentanyl.

The House Judiciary Criminal Laws subcommittee will hold a second hearing on H.3503 on Tuesday, January 16th; the Senate Judiciary subcommittee has not yet scheduled its second hearing. By all accounts, this is an issue with strong bipartisan support. Whether one, comprehensive bill is passed or a series of bills passed, most expect legislation will be enacted this year in the fight against fentanyl.

3. Senate Continues Debate on ESAs

One of the Senate GOP priorities was the passage of legislation creating education scholarship accounts (ESAs), sometimes called education savings accounts in other states. S.39 was introduced by Sen. Larry Grooms and is on the Senate calendar in the status of interrupted debate. The Senate debated the bill, a couple of amendments, and one point of order on the bill last Thursday, January 19th. Thursdays, in previous years, have been lighter days in the early days of a session but the Senate spent more than three hours on S.39. There is a substantive amendment by Sen. Tom Davis that maintains ESA language but adds another school choice option called scholarship funding organizations (SFOs), which exist in other states. SFOs were not part of the ESA bill debated but not enacted during the previous legislative session. This amendment’s debate, and eventual adoption or rejection, will determine the path of S.39 through the Senate: a quick route to the House or extended debate in the Senate for weeks ahead.

4. FY24 House Budget Process Rolls On

The week of January 17th saw thirteen (13) budget hearings and by the end of January 27th another dozen completed, bringing the total number of budget hearings to twenty-five (25). There is a ton of prep work into these hearings by the House members, the Ways and Means Committee professional staff, and the presenting state agencies and entities. These hearings are substantive and drill down several levels to evaluate each budget request. Many are live streamed so tune in to listen and learn more about the budget process, at least from the perspective of the House.

5. Bill Introductions

S. 399 - Senator Harvey Peeler, Senate Finance Committee Chair, and Senator Thomas Alexander, President of the Senate, introduced this bill to split the Department of Health and Environmental Control (DHEC) in two pieces: one for public health and one for environmental protection and regulation. A version of this bill passed the Senate during the previous General Assembly but never made its way out of the House. 

S. 414 - Senator Mike Gambrell and others introduced this legislation, which would prohibit local governments from enacting local ordinances regulating flavored tobacco products, except in the case where a local ordinance was enacted prior to December 31, 2020.

S.425 - Senator Scott Talley and others introduced this bill to permit retailers to sell beer and wine via curbside delivery or drive-through operations. Also it would allow retailers to contract with a delivery service provider to deliver beer and wine to customers, though college residence halls are expressly prohibited from receiving deliveries. During the Covid-19 pandemic when retailers were closed or had limited store hours, delivering alcohol became an option in many states. As states have transitioned out of the pandemic, some states have made this option permanent for retailers and consumers.

H.3726 - Speaker Murrell Smith and several other members of the House Ad-Hoc Economic Development and Utility Modernization Committee introduced this comprehensive workforce development bill. There are many moving pieces to it but at its core is the modernization of the state’s workforce development strategy through streamlining and aligning various workforce development offices and initiatives under one roof: The Department of Employment and Workforce (DEW).

H.3728 - Rep. Raye Felder and some members of the House Freedom Caucus filed the “South Carolina Transparency and Integrity in Education Act” last week, which will be the subject of a House Education and Public Works subcommittee on Tuesday, January 24th. This bill requires more transparency regarding instructional materials and curriculum used in public schools, as well as prohibits content or teaching seven concepts. This bill will likely become known as the anti-CRT bill, with CRT standing for critical race theory. One can use the search engine of choice and find CRT has been controversial in many state legislatures and school boards across the country.

H.3749 - Rep. Chris Murphy and a bipartisan group of cosponsors introduced this bill, which would allow for limited sports wagering in South Carolina. We wonder if there is an oddsmaker who will create odds on the chances of this bill passing either chamber this year.

The South Carolina General Assembly website has a search option just for bill introductions; we invite readers to check it out.

Thanks for reading; we welcome your feedback and commentary!