Pertinent Prefiles in the Palmetto State: Part 1
The 125th South Carolina General Assembly is unofficially underway with legislation prefiling. In South Carolina there are four days, two for the House and two for the Senate, when legislators can prefile legislation. This year those dates are November 30 and December 7 for the Senate, while the House dates are December 8 and December 15.
In South Carolina prefiling isn’t as important a step in the legislative process as it is in other state legislatures. The advantages and rationales for prefiling are many, but the most common ones are:
Prefiling so a bill has a low bill number. Senate bills start with 1 and continue through 2999; House bills start with 3000. In the 124th General Assembly, there were 1,402 pieces of legislation introduced in the Senate and 2,498 in the House.
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. Note for future reference: April 10 means two different things to the two chambers as the crossover deadline.
Laying down a marker. Perhaps it’s the House Speaker or Senate President, a committee or subcommittee chair, or just a rank-and-file Representative or Senator who wants to send a message. Prefiling legislation communicates something to an interest group, constituency, or another elected official.
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.
Prior to session beginning January 10, 2023 Advocatus will provide an analysis of pertinent prefiled legislation in a few blog posts, organized by legislative chamber and subject area. Not every bill will be cataloged but from the first two days of prefiling, there are signs the 2023 session is shaping up to be an active and interesting session.
