Pertinent Prefiles in the Palmetto State: Part 3

The 125th South Carolina General Assembly is officially underway and legislation prefiling is finished. 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 were November 30 and December 7 for the Senate, while the House dates were December 8 and December 15.

Today we took a look at some trends in House prefiled legislation. In Part 1 of this series we examined what prefiling means in the South Carolina General Assembly and why legislature prefile legislation. In Part 2 of this series we reviewed some statistics with House prefiled legislation.

A couple disclaimers. First, this is a snapshot of some hot button policy issues; is it not an exhaustive list. Second, the commentary is not intended to indicate support or opposition for any legislation referenced. With those disclaimers, here are some trends within the House prefiled legislation.

1. House Speaker Murrell Smith, in his first full year as Speaker, filed several bills related to adoption and child welfare reform. Public adoptions, private adoptions, foster care, and family court proceedings are all part of this package of bills. Additionally, Speaker Smith has a joint resolution proposing an amendment to the South Carolina Constitution to repeal the state’s Blaine Amendment, which prohibits state or political subdivisions from providing direct aid to religious or private educational institutions. This is a measure intended to expand school choice in South Carolina.

2. House Majority Leader Davey Hiott did not prefile any legislation but House Minority Leader Todd Rutherford filed seventy-four (74) bills, the most of any House member. Leader Rutherford’s bills have been previously introduced, such as bills permitting gambling, decriminalizing marijuana, loosening alcohol restrictions, and laws pertaining to criminal justice.

3. Legislation to recruit and retain teachers is popular. Loan forgiveness, scholarships for undergraduate and graduate degree programs, and procedures for supporting teachers with classroom management were all prefiled. The Teacher Recruitment and Retention Task Force mandated in the current state budget will produce a report by May 2023 with recommendations.

4. Speaking of schools, several curriculum bills were prefiled. Parent access to instructional materials and school district transparency about curriculum have been hot topics in many states during the past twelve months.

5. A large number of bills addressing firearms and gun control were prefiled. Some lessen restrictions, some increase restrictions, and a “red flag” bill was prefiled.

6. Only two bills concerning abortion were prefiled in the House, but the South Carolina State Supreme Court struck down the state’s “fetal heartbeat bill” on January 5, 2023 on a 3-2 vote. While it was likely a bill would be debated this session before this ruling was issued, it will rekindle efforts in the Republican-controlled General Assembly to address abortion rights. Also: the State Supreme Court justices are elected by the General Assembly. On February 1, 2023 the General Assembly will elect a new State Supreme Court justice to replace Justice Kaye Hearn, who must retire due to the mandatory age retirement requirement. Justice Hearn authored the primary opinion in the case striking down the fetal heartbeat bill.

7. Government restructuring isn’t the most exciting legislative topic. But in a state where the legislative and executive branches over many decades and many administrations have fought for power, it’s a topic worth mentioning. There were three bills prefiled in the House: one to split the Department of Health and Environmental Control, creating a health agency and an environmental regulation agency; one to add more board members to the Office of First Steps to School Readiness (First Steps); and a bill creating a study committee to examine the transfer of federal food and nutrition programs from the Department of Education to the Department of Agriculture.

How many of these prefiled bills will be enacted this year? Time will tell, but the months of January and February will be very busy with more legislation filed by House members. We’ll keep you posted on new bills as they are introduced.

In Part 4 of this series we’ll review some statistics with Senate prefiled legislation. We’ll close out this series with Part 5 when we’ll review the trends in Senate prefiled legislation.

House Prefiled Bill List, Select Subjects

Abortion

H.3490

H.3552

Adoption and Child Welfare

H.3494

H.3553

H.3554

H.3555

H.3556

H.3557

H.3558

H.3593

Agriculture

H.3071

H.3266

H.3431

H.3432

H.3438

H.3514

H.3540

Alcohol Purchasing and Production

H.3092

H.3144

H.3145

H.3146

H.3147

H.3150

Cannabis Purchasing and Production

H.3135

H.3226

H.3271

H.3486

H.3561

Curriculum in Schools

H.3197

H.3284

H.3292

H.3304

H.3464

H.3466

H.3485

H.3506

H.3582

Elections

H.3161

H.3164

H.3244

H.3472

H.3473

H.3574

H.3580

H.3585

Environment

H.3155

H.3198

H.3203

H.3434

H.3478

H.3498

H.3499

Ethics

H.3159

H.3242

H.3474

Firearms

H.3010

H.3011

H.3012

H.3013

H.3035

H.3051

H.3055

H.3130

H.3341

H.3412

H.3522

H.3594

H.3560

Gambling and Gaming

H.3095

Government Restructuring

H.3239

H.3312

H.3324

Infrastructure

H.3075

H.3077

H.3078

H.3079

School Choice

H.3101

H.3422

H.3591

Taxes

H.3103

H.3114

H.3417

H.3524

H.3527

H.3569

Teachers

H.3105

H.3107

H.3113

H.3117

H.3296

H.3297

H.3429

H.3459

Tobacco Purchasing and Production

H.3047

H.3483

H.3548

Vaccinations

H.3283

H.3536

Veterans

H.3116

H.3588