Copper Dome Chronicle: 2023 Session Week 4
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 31-February 2, 2023, is 886 words or just under a 4 minute read.
1. State Supreme Court Election
The day is almost here…judicial and college trustee elections in the General Assembly on Wednesday, February 8. We’ve covered this ongoing saga in each of the first three editions of the CDC; visit week 1, week 2, and week 3 to review. To be elected a candidate must receive a majority vote, even those without formal opposition. Candidates without formal opposition have not been elected before. On April 2, 2014 a candidate running without formal opposition for a seat on the College of Charleston Board of Trustees was not elected, though the reasons for their defeat remain a mystery. Wednesday can’t get here fast enough.
2. Senate Approves ESA Bill
After many hours of debate and approximately three weeks on the Senate floor, S.39 received second and third reading last week. It was sent to the House and referred to the House Education and Public Works Committee. Several amendments were adopted and the most substantive one dealt with student eligibility.
Sen. Wes Climer proposed Amendment 50 increasing the household poverty threshold to 400% of federal poverty guidelines, thereby increasing the number of eligible students for the program. This amendment was adopted by a 24-18 vote. However, Senate Education Chair Greg Hembree had a different approach to household eligibility that would start at 200% of federal poverty guidelines in school year 2024-2025 and reach the 400% threshold in school year 2026-2027. Sen. Hembree’s amendment was adopted by a 21-20 vote, with some Republicans who voted in favor of Sen. Climer’s amendment voting against Sen. Hembree’s amendment.
Famous saying by former Lt. Governor, Senate President Pro Tempore, and Senate Judiciary Chair Glenn F. McConnell: a card laid is a card played. Had debate on Sen. Climer’s amendment occurred after Sen. Hembree’s, it’s possible the reverse result could have occurred with Sen. Climer’s amendment carrying the day. But the order in which amendments are offered matters and this situation is a lesson for anyone new to watching and understanding the South Carolina Senate.
3. House Passes Fentanyl Trafficking Bill
After nearly two hours of floor debate, the House passed H.3503 on second reading with a bipartisan vote of 96-21. It received a perfunctory third reading last Thursday, sent to the Senate, and committed to the Senate Judiciary Committee.
Many House members, from both parties, called this bill a “big deal” and expect some form of it to become law this year. Some legislators who practice criminal defense law spoke about concerns and issues they see in the bill, but most of them ultimately voted for the bill. There was discussion about treatment for substance abuse and House Speaker Pro Tempore Tommy Pope stated there would be additional legislation forthcoming in that area.
The Senate has two bills addressing fentanyl trafficking, S.1 and S.153, on its statewide second reading calendar and neither is contested at this point in time.
4. Bill Introductions
H.3843 - By House Education and Public Works Chair Shannon Erickson. The bill creates intra-district and inter-district open enrollment periods for public school districts, which is another form of school choice for families.
H.3845 - By House Judiciary Chair Weston Newton, House Speaker Murrell Smith, House Minority Leader Todd Rutherford and many others. This bill pertains to driving under the influence offenses and the creation of an interlock device program as an alternative sanction in some cases.
H.3856 - By Rep. Leon Howard and many other House members. The bill requires the State Law Enforcement Division to send wireless emergency alert notifications to law enforcement agencies and the public regarding a missing person who has been diagnosed with Alzheimer's disease or dementia.
S.474 - By Senator Larry Grooms and Senate Majority Leader Shane Massey. This is a bill to regulate abortion and reflects where some members of the Senate Republican Caucus stand on the matter. The bill did not receive a public hearing, but in accordance with Senate Rule 10, it was polled out of the Senate Medical Affairs Committee by a vote of 10-4 with 3 Senators not voting. Polling bills, especially bills with narrow subject matter and no opposition, is common. Polling a bill of this magnitude and level of opposition, given the Senate history, is uncommon.
S.482 - by Senate Finance Chair Harvey Peeler. This bill might be best classified as the “grand bargain” of judicial, magistrate, and board of trustees selections. There are 170 legislators: 46 Senators and 124 Representatives. Some elections in the past have been decided solely by the House, which has 2.7x the number of votes as the Senate. However, magistrates are recommended by the senatorial delegation to the Governor, and there are at least 311 magistrates in South Carolina, the largest group of judicial officials.
Sen. Peeler’s bill proposes the following grand bargain: for judges and board of trustees members, a candidate must win a majority of the House members voting and a majority of the Senators voting. A magistrate would be recommended for appointment only if a majority of the legislative delegation - House and Senate - gave their approval. This levels the playing field for the Senate in judicial and board of trustees elections, and in exchange House members would have a vote on magistrate recommendations for the first time ever.
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