TUESDAY
HOUSE
Adopted

• H. 4358, by Rep. Bill Herbkersman, to memorialize Congress for fair treatment of U.S. Navy Seals.

Debate adjourned

• S. 424, by Sen. Lee Bright, relating to the rights of South Carolinians under the Ninth and 10th Amendments.

SENATE
Amended, passed on second reading

• S. 1034, by Sen. Hugh Leatherman, to extend until Nov. 15, 2010 the deadline by which the Taxation Realignment Commission should submit its report and recommendations.

Third reading

• S. 517, by Sen. Tom Davis, to prevent any part of state government from administratively raising a fee or penalty without said increase first being approved by the General Assembly. The provision would expire on Jan. 15, 2011.

WEDNESDAY
HOUSE
Introductions

• S. 517, by Davis, to prevent any part of state government from administratively raising a fee or penalty without said increase first being approved by the General Assembly. The provision would expire on Jan. 15, 2011.

Debate adjourned

• H. 3279, by Rep. Tom Young, to put a constitutional amendment on the ballot to allow the voters to decide as to whether they would support removing the secretary of state from the number of constitutional officers on the ballot.
• S. 424, by Bright, relating to the rights of South Carolinians under the Ninth and 10th Amendments. The bill was amended before debate adjourned.

Rejected

• H. 3279, by T. Young, to put a constitutional amendment on the ballot to allow the voters to decide as to whether they would support removing the secretary of state from the number of constitutional officers on the ballot. The bill failed by one vote.

SENATE
Reported out of committee favorably

• S. 590, by Senate Majority Leader Harvey Peeler, regarding petition candidates.
• S. 900 and S. 901, by Senate President Pro Tem Glenn McConnell, to provide permanent security for the governor and lieutenant governor, and provide a specific rule for the chain of command.
• S. 1085, by Leatherman, to increase from three to five percent the amount of revenue deposited into the General Reserve Fund.
• H. 3231, by Rep. Ted Pitts, to have the governor and lieutenant governor elected on the same ticket.

Third reading

• S. 1034, by Leatherman, to extend until Nov. 15, 2010 the deadline by which the Taxation Realignment Commission should submit its report and recommendations.

Debate interrupted

• H. 3418, by Speaker of the House Bobby Harrell, on voter ID.

THURSDAY
HOUSE
Introductions

• H. 4451, by Rep. Dennis Moss, to ban liquor sales statewide not just to include Election Day and Sundays, but Christmas Day and Thanksgiving Day.
• H. 4457, by Rep. Bill Bowers, to prevent private emails of public officials from being subjected to FOIA requests.
• H. 4468, by Rep. Michael Thompson, six words: South Carolina Study Committee Study Committee.
• S. 1034, by Leatherman, to extend until Nov. 15, 2010 the deadline by which the Taxation Realignment Commission should submit its report and recommendations.
• H. 4455, by Rep. Mike Pitts, (OK, we have to print this in its entirety) A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO WITHDRAW THE UNITED STATES FROM THE SECURITY AND PROSPERITY PARTNERSHIP OF NORTH AMERICA AND ANY OTHER ACTIVITY THAT SEEKS TO CREATE A NORTH AMERICAN UNION, AND REQUESTING THE CONGRESSIONAL DELEGATION OF EACH STATE INCLUDING SOUTH CAROLINA TO WORK TO WITHDRAW THE UNITED STATES FROM THE SECURITY AND PROSPERITY PARTNERSHIP OF NORTH AMERICA AND ANY OTHER ACTIVITY THAT SEEKS TO CREATE A NORTH AMERICAN UNION. (Lordy, can you believe these people? In what weird freako world does the U.S., Canada and Mexico form one government except in scifi books and the fringe of the fringe of American politics?)
• H. 4475, by T. Young, to put a constitutional amendment on the ballot to allow the voters to decide as to whether they would support removing the secretary of state from the number of constitutional officers on the ballot.
• H. 4478, by Harrell, the, for all intents and purposes, House jobs bill.

Debate adjourned

• S. 424, by Bright, relating to the rights of South Carolinians under the Ninth and 10th Amendments. Democrats went to town proposing amendments to the bill, which ran on for some time.

SENATE
Amended, passed on second reading

• S. 590, by Peeler, regarding petition candidates.
• H. 3418, by Harrell, on voter ID.

Second reading

• S. 1, by McConnell, a constitutional amendment generally imposing spending caps and the like.

Third reading

• S. 766, by Sen. Thomas Alexander, banning novelty lighters.

Carried over, as amended

• S. 1085, by Leatherman, to increase from three to five percent the amount of revenue deposited into the General Reserve Fund.
• H. 3396, by Harrell, to increase from three to five percent the amount of revenue deposited into the General Reserve Fund.

QUOTES
Harrell: Ms. Funderburk is recognized for a…oh, I’m sorry. Are you up? Ms. Funderburk is recognized. Are you joining her, Mr. Gunn?
Rep. Anton Gunn: I am.
Harrell: With her wingman, Mr. Gunn.

===

On the resolution suggesting protection of U.S. Navy Seals.
Harrell: Mr. Kennedy, for what purpose do you rise?
You would like to ask me a question?
Rep. Ken Kennedy: Who is introducing the resolution?
Harrell: Mr. Herbkersman introduced it. There’s no one at the podium who wishes to take a question right now.
Kennedy: Are they being abused or something? Why are we introducing it?
Harrell: Mr. Kennedy, you have to…you can adjourn debate….
Kennedy: I adjourn debate until he can tell me why we are introducing it.
The motion was withdrawn.

===

During debate on the state sovereignty bill.
Harrell: Mr. Kennedy, it’s a concurrent resolution. You don’t request debate on it.
Kennedy: Well, how can we…? Let’s stop it.
Harrell: Mr. Kennedy says, “Let’s stop it.” I’m not sure of that motion, Mr. Kennedy.

===

Rep. Walt McLeod: The concept of an armed South Carolina militia is a concept already contained in the Constitution. This amendment – Mr. Bedingfield and I are good friends; sometimes we have a difference of opinion. The amendment speaks about armed South Carolinians. It says absolutely nothing about the militia. We need to be careful about having “armed South Carolinians.”

===

Rep. Bakari Sellers: My question to you is, when will the Republican Party get serious about anything other than themselves?
McLeod: I don’t think I want to answer that one, but I compliment you for trying.

===

Kennedy: Are you aware that what they are trying to do is arm every South Carolinian? Get every South Carolinian with a gun, so that when a job does come open, they can battle over it. Do you see that coming?
McLeod: I know I have a shotgun, which I use for hunting purposes. I’m really not interested in being denominated as an “armed South Carolinian.”

===

Kennedy: Wouldn’t you think the people who are watching this over television out there, in South Carolina, watching this debate, wouldn’t you think that they think we are nuts up here?
McLeod: I would think it would create an unfavorable impression.
Kennedy: Nuts.
McLeod: I don’t think I would agree with that word, but perhaps close to it.
Kennedy: Why won’t you use the word, “nuts?” It’s in the dictionary. Nuts. Wouldn’t you think that we are nuts up here?

===

Sen. Phil Leventis: Here we are, in a budget crisis, and we cannot get accounting out of the Department of Corrections, and the Governor is the only one who can take action to change this, and the Governor is quiet. This governor can’t be about accountability, he can’t be about transparency, because he is protecting his agency heads – this one in particular at the Department of Corrections – from any accounting or transparency with this legislature.

===

Thompson: Did you know that sometimes, I feel like putting a sign outside the House chamber that says, “Go sell crazy elsewhere – we’re all full.”

===

Sellers: Mr. Speaker, I ask unanimous consent that we make Devan Downey the governor of South Carolina.
Harrell: Mr. Sellers asks unanimous consent that we make Devan Downey the next Republican governor from South Carolina.
Mr. Sellers objects.

Oh, boy. If you didn’t think the back-and-forth in Washington of this exchange: “You think you know better than everyone! Keep your big government hands out of health care,” versus, “Oh, you mean, ‘Keep your socialist hands off my Medicare,’” was not coming to our state government, you picked wrong. Rep. Tim Scott, who is in the Republican primary for lieutenant governor, is certainly going to be grabbing himself some headlines come January.

Scott sponsored the following bills:

H. 4171: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-15 SO AS TO PROVIDE THAT IF PROVISIONS OF FEDERAL LAW MANDATE THAT ALL CITIZENS WITH CERTAIN EXCEPTIONS PURCHASE OR SECURE HEALTH INSURANCE COVERAGE THROUGH A RANGE OF OPTIONS ONE OF WHICH IS TO PURCHASE OR SECURE HEALTH INSURANCE COVERAGE THROUGH A PUBLIC PLAN UNDERWRITTEN IN WHOLE OR IN PART BY THE FEDERAL GOVERNMENT, AND THE PUBLIC PLAN PERMITS STATES TO “OPT OUT” OF THIS PUBLIC OPTION, THE STATE OF SOUTH CAROLINA HERBY “OPTS OUT” AND DECLINES TO HAVE THIS PUBLIC PLAN OPTION APPLY TO OR BE AVAILABLE TO THE CITIZENS OF THIS STATE.

Yes, that’s exactly what it looks like — it makes sure that the Palmetto State opts out of a health care bill that has yet to pass the U.S. Senate. We just love preemption in this state, from seceding under the thought President Abraham Lincoln would have eliminated slavery (which is doubtful, in retrospect), all the way to the last session when Rep. Eric Bedingfield went both barrels with a bill and a constitutional amendment to prevent South Carolina from being involved in a federal card-check law. Come to think of it, this bill has a constitutional amendment filed with it, too.

H. 4181: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, SO AS TO ADD A NEW SECTION PRESERVING THE FREEDOM OF SOUTH CAROLINIANS WITH RESPECT TO THE PROVIDING OF HEALTH CARE SERVICES, BY PROHIBITING ANY LAW, REGULATION, OR RULE TO COMPEL AN INDIVIDUAL, EMPLOYER, OR HEALTH CARE PROVIDER TO PARTICIPATE IN A HEALTH CARE SYSTEM, BY ALLOWING INDIVIDUALS AND EMPLOYERS TO PAY DIRECTLY FOR LAWFUL HEALTH CARE SERVICES WITHOUT PENALTIES OR FINES FOR THESE DIRECT PAYMENTS, BY PROVIDING THAT THE PURCHASE OR SALE OF HEALTH INSURANCE IN PRIVATE HEALTH CARE SYSTEMS MUST NOT BE PROHIBITED BY LAW, REGULATION, OR RULE, BY PROVIDING THOSE INCENTIVES IN WHICH THE RIGHTS PROVIDED BY THIS SECTION DO NOT APPLY, AND TO PROVIDE APPROPRIATE DEFINITIONS.

The bill probably has a better chance of passing than the constitutional amendment, but whether either make it to the Governor’s desk, eh, no guarantee on that one. There will be more than significant support among Republican members, but we suspect there will be intense Democratic opposition. Of course, a win for the Dems will probably add to up a delaying action just to make sure there are no final votes or conference committees or the like.

Speaking of Democrats, Rep. Boyd Brown has a bill in the hopper, to incentivise doctors to take their practice to rural areas.

H. 4195: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 111, TITLE 59 TO ENACT THE “SOUTH CAROLINA RURAL PRIMARY CARE PHYSICIAN LOAN REPAYMENT PROGRAM” SO AS TO CREATE A LOAN REPAYMENT PROGRAM FOR LICENSED PRIMARY CARE PHYSICIANS WHO PRACTICE IN RURAL AREAS WITHIN THE STATE, TO PROVIDE FOR A PROGRAM ADVISORY BOARD, TO PROVIDE CRITERIA BY WHICH PHYSICIANS MAY BE SELECTED, TO PROVIDE PENALTIES FOR NONCOMPLIANCE WITH THE PROGRAM, TO PROVIDE FOR THE APPROPRIATION OF FUNDS FOR THE PROGRAM, AND TO DEFINE CERTAIN TERMS.

As well, a number of legislators came to fashion a bipartisan bill to address a recent controversy coming out of Congressional votes on amendments to health care legislation.

H. 4198: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-115 SO AS TO PROVIDE THAT IT IS UNFAIR DISCRIMINATION FOR AN INSURER TO DENY, REFUSE TO ISSUE OR RENEW, CANCEL, RESTRICT OR EXCLUDE COVERAGE, DENY A CLAIM OR LIMIT PAYMENTS, OR ADD A PREMIUM DIFFERENTIAL TO A POLICY OR CERTIFICATE OF COVERAGE ON THE BASIS THAT AN APPLICANT OR INSURED HAS BEEN OR IS PERCEIVED TO HAVE BEEN ABUSED OR MAY BE A SUBJECT OF ABUSE AND TO PROVIDE PENALTIES, INCLUDING FINES UP TO TWO HUNDRED THOUSAND DOLLARS.

This bill’s primary sponsor is Rep. Shannon Erickson, and she’s joined by Reps. Joan Brady, Gilda Cobb-Hunter, Jenny Horne, Rita Allison, Anne Peterson Hutto, Bill Herbkersman and Murrell Smith. As of right now, it’s completely legal for an insurance company to deny you coverage because of previous or current domestic violence. There’s no national law governing this, because, as has been blatantly obvious for some time, insurance regulations are largely left up to the states. So, in case a bill such language in it doesn’t pass in Congress, this legislation is to make sure it happens here.

As the days wind toward the opening of the session, there will likely be more heath care related bills coming down the pike.

Responsibility got another look in state government on Wednesday as the House voted to override Gov. Mark Sanford’s veto of the state budget. Reaping what he has sewn during his term, Sanford saw that he had few people willing to take his back to sustain the veto.

Speaker of the House Bobby Harrell, while again stating the that the majority of House members opposed the federal stimulus legislation, reiterated that what was done needed to be done.

“Since Gov. Sanford has already signed letters requesting other stimulus funds -– such as the $50 million for energy upgrades to buildings he requested months ago -– it makes sense to also tap this education and law enforcement money,” Harrell said in a statement. “By rejecting only the education and law enforcement portions of the stimulus money coming to South Carolina, Gov. Sanford put thousands of teachers’ jobs in jeopardy, threatened the closing of four prisons and the release of 3,400 convicted felons. The House took the responsible step of overriding this dangerous move. And because of our actions today our students will have teachers in their classrooms, police will remain on the streets and prisoners will stay behind bars. With South Carolinians responsible for the repayment of this money, we owed it to our students, teachers, police officers and citizens to make this responsible decision.”

Once again marking the disconnect between Sanford and members of his own party, as Rep. Bruce Bannister said in a House Republican Caucus news release that the Governor had given the House “false, impossible choices,” noting that the budget battle was coming down between “blind ideology and responsible government.”

Already, word is getting around that Sanford may not sit back and watch the overrides take effect, as he has done in the past. There is still the possibility that he could take the entire issue to court. Rep. Bill Herbkersman pointed out the foolishness of this action, as the state would be serving papers on itself.

“The choice the Governor has given our state is to re-write the budget, which would take months and cost tens of thousands of additional taxpayer dollars, or go to court to settle this,” Herbkersman said in a statement. “Now, it looks like this might wind up in court, which will waste tens of thousands of taxpayer dollars anyway as the state sues the state.”

First word out of the Governor’s Office was a tweet linking to Jake Tapper’s ABC political blog.

UPDATE: Well, that didn’t take long. Late Wednesday Sanford filed suit in federal court to prevent South Carolina’s acceptance of the federal budget stabilization funds.