Have you texted while driving? WTF is wrong with you? Talking on a cell phone in the car, taking the wheel while tipsy and getting more baked than a loaf of bread before hitting the roads scares us less than watching someone whip out their phone and start texting in the driver’s seat. H. 4282 was passed by the House on Wednesday by a vote of 98-18, making it a crime to act in such a behavior.
Unfortunately, amendments diluted penalties in the bill (because legislators want to keep texting while driving?), but it’s a good first step in the right direction in a state known for its dangerous highways.
“As technology changes so must our laws,” Speaker of the House Bobby Harrell said in a statement. “Our state’s teen drivers are the most avid cell phone users and the most inexperienced drivers on the road. The combination of the two is a formula for disaster. Multiple studies have clearly demonstrated the dangers of distracted driving — several concluding it to be more hazardous than drunk driving.”
If you would have told us that a tort reform bill would pass a chamber of the General Assembly without a days-long debate and a close vote, we never would have believed you. But, it happened on Wednesday when H. 3489 made its way out of the House with a resounding 104-9 vote. Only Reps. Curtis Brantley, Wendell Gilliard, Chris Hart, Doug Jennings, John King, David Mack, Joe Neal, Todd Rutherford and Seth Whipper voted against it.
Speaker of the House Bobby Harrell, who was the chief sponsor of the bill, said in a statement, “This lawsuit abuse reform bill will provide the same fair balance and results our successful Medical Tort Reform efforts produced a few years ago. Businesses will be able to operate and grow without the constant threat of a costly frivolous lawsuit or overly inflated settlement putting them out of business. With the fair balance this system creates, businesses will still be held accountable and our citizens will be protected from wrongdoing.”
The Senate is always a different kettle of fish from the House, but considering the vote was so much in favor, we’d hazard to guess that the bill will move through the Senate without too many problems.
It was a rough day in the House on Wednesday, when debate about the warrantless search bill, S. 191, chief sponsored by Senate President Pro Tem Glenn McConnell and championed in the House by Speaker of the House Bobby Harrell, came to the floor and was debated for well on three hours. We’re big proponents of civil liberties, but this bill definitely seems to be needed.
It should come as no surprise to anyone that people convicted of a crime are likely to commit future crimes.
The bill allows warrantless searches for people on probation and parole, including juveniles, and the vehicles they own and drive. It would not allow the searches in their homes.
Officers would have to verify the person is on probation or parole before they search them. Offenders convicted of misdemeanors that carry jail sentences less than a year would not be subjected to the warrantless searches.
The state Department of Probation, Parole and Pardon Services would have to review records of who is searched for any patterns of abuse.
A solid number of representatives approved the bill, which passed 81-26. It should receive easy passage on third reading and sail through the Senate when the upper chamber takes up the House’s changes. Unless something changes between now and the Senate vote, the bill is in position to be signed into law this year.
Upon the passage, Harrell said in a statement, “If a convicted criminal does get probation, that offender should still be subject to searches during this period. These offenders are serving out their remaining sentence in the public in lieu of jail; therefore these searches are completely warranted. Also, if a repeat offender is charged with a new crime, our judges should be able to consider that fact and have the authority to deny dangerous suspects bail.”
The bill is on the calendar for Thursday for third reading.
A tort reform bill sponsored by Speaker of the House Bobby Harrell is one step closer to being passed out of the lower chamber and making progress from groundwork that was lain in 2009. Wednesday, the House Judiciary Committee passed the bill out of committee favorably with amendment.
H. 3489, the “South Carolina Fairness in Civil Justice Act of 2009,” is slated to come up Thursday during the second reading of uncontested bills. However, it’s unlikely it will remain uncontested for long and will be reclassified when the time comes up.
The Employment Security Commission reform bill is on its way, passing the House 108-1 on Wednesday. The agency’s performance has been under fire over the past year, considering the massive deficits that had to be covered by the state, twice. The three commissioners were cited by the Legislative Audit Council for not providing due diligence in going to the General Assembly in time to ameliorate some of the problems facing the ESC. To head off that problem in the future, the bill, H. 3422, moves the ESC under the governor as a cabinet-level agency.
“The gross mismanagement, total lack of oversight and complete failures in accountability at the ESC will come to an end under the reform laws that the House overwhelmingly passed today,” said Speaker of the House Bobby Harrell in a statement. “It is our goal to change the ESC from a check writing agency to the job placement agency our state needs. For far too long, job placement has taken a backseat to simply throwing more money at our employment problems — today that changes.”
Other reforms go to who can receive unemployment benefits, and under what circumstances. For instance, between 2006 and 2009, the ESC cut checks in the amount of 10 percent of its entire outlay, to people who were fired for cause. We didn’t even know it was possible to collect money if you get canned. That won’t be possible anymore.
House Majority Leader Kenny Bingham, who shepherded the bill through the chamber, said in a statement, “The problems in the ESC were astounding and the only solution was a complete overhaul of the agency. Over the last eight years, we have seen dramatic changes in the Department of Motor Vehicles and the Department of Transportation after they were moved under the control of the governor. I hope we see the same improvements in the ESC.”
The bill made a quick transition to the Senate, where it’s been hung up for the past two days. The sticking point is an amendment that requires drug tests for people receiving unemployment benefits. The proposal by Sen. David Thomas has thrown a wrench in the works so far. Other contentious issues have been who should appoint a director of the new Department of the Workforce and if the appointee should be confirmed by the legislature, and whether severance pay should be delayed while a person is taking unemployment checks.
Wednesday, the House Judiciary Constitutional Laws subcommittee unanimously passed H. 3489, a bill sponsored by Speaker of the House Bobby Harrell and 45 co-sponsors. Reps. Greg Delleney, Jim Harrison, Walt McLeod and Garry Smith voted for the measure, with Rep. James Smith away on other business. The bill now goes to the full Judiciary Committee. Right now, it looks like it’s ready to go all the way.
One of the most significant changes to the law would be a limit on punitive damages — the larger amount of $350,000 or three times the compensatory damages award. Another is allowing into evidence if someone in an accident did not use a seat belt.
While we’re fairly certain the bill will make it out of committee, action when it comes up for second reading could be pretty interesting. From what we’ve been seeing, the S.C. Association for Justice is getting aggressive in its courting of legislators who may be on the fence or nominally for tort reform (mostly Republicans) to come over to its way of thinking, joining a sizable number of number of Democrats.
All signs point to this heating up behind the scenes, which can only mean that it’ll be hot when it hits the floor.
The House debate mirrored the Senate debate over the state sovereignty bill. Republicans seemed perturbed, and Democrats were outright pissed and armed with amendments. It went on for days, but eventually the House passed it Tuesday afternoon. There were impassioned speeches, parliamentary maneuvers, but the resolution was a fait accompli from the very beginning.
Needless to say, the GOP was in a good mood afterward.
Speaker of the House Bobby Harrell
Today, we sent a message to Congress – South Carolina believes that the federal government is engaging in an unprecedented takeover of power from the states. While there is no law we can pass to stop them, it is important to make our position and the position of our constituents known to the federal government.
The opposition to this simple statement of principle was astounding. Over four days of debate, Democrats threw up multiple roadblocks and spent endless hours talking against the resolution in an effort to kill the measure – Republicans spent less than 16 minutes speaking in favor of the resolution. Most members wanted to vote and move on, because issues like job creation, ESC reform and education were sidelined while the Democrats debated themselves for four days.
Our freedom is what makes our country great. Our founding fathers made it clear that the protection of those rights and freedoms set forward in the Constitution were paramount to the survival of our nation. This core belief is what moved the South Carolina Legislature to take up this measure reaffirming those rights.
House Majority Leader Kenny Bingham
This bill is a key part of our “Unfinished Business” agenda of items we approved last session. We are glad the Senate sent this resolution back to us 11 months after House conservatives recognized the threat and registered our protest.
I’m sure this was an oversight by the Senate leadership, but it is an oversight that had to be corrected. Each of the 10 amendments included in the Bill of Rights protect vital freedoms that we take for granted way too often.
By the way, if the House Democrats want to send over quotes that don’t mean we have to take time out of our day to transcribe more than two hours of protest on the House floor, it’s not hard to find the email.
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.
Good news, everyone. A bill generated by House Republicans to generate jobs and turn around the moribund economy in South Carolina was introduced Thursday. The best news is that it has thorough backing from the leadership, which means that the odds are fairly good that it can get through the chamber and make it to the Senate. Even better news is that a stunning number of Democrats have signed on, including House Minority Leader Harry Ott and Rep. Gilda Cobb-Hunter, which signals more green lights for passage.
“South Carolina’s economy is the biggest issue facing our state for the next two decades,” Speaker of the House Bobby Harrell said in a statement. “Lowering unemployment and increasing per capita income are issues that directly affect the lives of South Carolina families. This legislative session will focus intensely on our state’s economic priorities. The Economic Development Competitiveness Act lays out steps we need to take to make our state more competitive in today’s global economy.”
A group created to make recommendations from the perspective of the private sector was used to figure out what should be done, and its recommendations were worked into the bill. It’s good to know that after the House GOP got out in front, leaders of both parties are behind this legislation that could make some serious differences to ameliorate the economic issues afflicting our state.
As House Assistant Majority Leader Bruce Bannister said, “These are private sector solutions, not government solutions. The Caucus has always worked hard to improve the business climate in South Carolina, and this is another step in a long line of job creation legislation from the Caucus. I look forward to taking quick action on this bill.”
TUESDAY
HOUSE
Introductions
- H. 4351, by Rep. Kenneth Hodges, to make it the policy of the state to promote microbusinesses — companies with five or fewer employees.
- H. 4352, by Hodges, to establish a study committee to promote and provide funds for the creation and growth of small businesses.
SENATE
Introductions
- S. 1058, by Sen. Larry Martin, to put a constitutional amendment on the ballot to abolish the office of lieutenant governor, and to make the necessary changes involving the incapacity or removal of the governor, and the order of succession.
- H. 4253, by Rep. Tim Scott, a concurrent resolution to urge the Department of Commerce to start a business recruitment initiative that emphasized South Carolina’s right-to-work status.
- H. 4299, by Rep. Dan Cooper, to allow spending flexibility among public schools in a number of areas.
Enrolled for ratification
- H. 3488, by Rep. James Smith, to develop a committee to address veterans’ issues.
Amended and adopted
- S. 424, by Sen. Lee Bright, relating to the rights of South Carolinians under the Ninth and 10th Amendments.
WEDNESDAY
HOUSE
Introductions
- H. 4373, by Rep. Dwight Loftis, to set up a state Department of Energy and provide for a director to be appointed by the governor with the advice and consent of the Senate, and eliminating the State Energy Office.
- H. 4385, by Rep. Michael Thompson, to reform the board of trustees for the University of South Carolina.
- H. 4386, by Thompson, to set term limits for public university boards of trustees.
Objection to recall
- H. 3952, by Rep. Chris Hart, to place a six-month moratorium on foreclosures and accrual of interest on certain mortgages. Hart asked to recall the bill from the Judiciary Committee, but Rep. Jim Harrison objected.
Sent to the Senate
- H. 3543, by Rep. Joan Brady, implementing a dating violence policy to help local school districts to develop their own policies and to create reporting requirements.
Debate adjourned
- H. 3280, 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 superintendent of education from the number of constitutional officers on the ballot. The bill is scheduled to be taken up again on Jan. 26.
Reported out of committee favorably
- H. 4318, by T. Young, a concurrent resolution to show the objection of the General Assembly to the Federal government’s abandoning of Yucca Mountain as the default storage location for nuclear waste.
SENATE
Introductions
- H. 4303, by Rep. Kenny Bingham, immediate reforms to the Employment Security Commission, including parameters for disqualifying some applicants and upgrading technology.
Reported out of committee favorably
- 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.
Motion for special order
- H. 3418, by Speaker of the House Bobby Harrell, to require voters show a picture ID when voting. Martin moved to have the bill placed as special order, which failed 26-17.
- S. 391, by Sen. Greg Ryberg, to reform the Employment Security Commission. Sen. Nikki Setzler moved to place the bill as special order, which failed 18-23.
THURSDAY
HOUSE
Introductions
- S. 424, by Bright, relating to the rights of South Carolinians under the Ninth and 10th Amendments.
- H. 4410, by Rep. Alan Clemmons, to establish term limits for members of the House and Senate.
Recalled and sent back to committee
- H. 4385, by Thompson, to reform the board of trustees for the University of South Carolina. It was recalled from Judiciary and sent to Education and Public Works.
- H. 4351 and H. 4352, by Hodges, to make it the policy of the state to promote microbusinesses — companies with five or fewer employees; and to establish a study committee to promote and provide funds for the creation and growth of small businesses. Both bills were recalled from Ways and Means and sent to Labor, Commerce and Industry.
Adopted and sent to the Senate
- H. 4318, by T. Young, a concurrent resolution to show the objection of the General Assembly to the Federal government’s abandoning of Yucca Mountain as the default storage location for nuclear waste.
Reported out of committee favorably
- S. 424, by Bright, relating to the rights of South Carolinians under the Ninth and 10th Amendments.
SENATE
Introductions
- S. 1093, by Senate President Pro Tem Glenn McConnell, to rescind the current resolution setting a date and time for judicial elections.
- S. 1085 and S. 1086, by Leatherman, to increase from three to five percent the amount of revenue deposited into the General Reserve Fund, and other reforms pertaining to the move; a constitutional amendment doing the same.
- H. 3543, by Brady, implementing a dating violence policy to help local school districts to develop their own policies and to create reporting requirements.
- H. 4318, by T. Young, a concurrent resolution to show the objection of the General Assembly to the Federal government’s abandoning of Yucca Mountain as the default storage location for nuclear waste.
Carried over
- S. 1034, by Leatherman, to extend until Nov. 15, 2010 the deadline by which the Taxation Realignment Commission should submit its report and recommendations. Ryberg made the motion to carry over.
- 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. The bill was amended, and carried over per a motion by Leatherman.
QUOTES
Regarding letting House Minority Leader Harry Ott talk first on “This Week in the House.”
Bingham: Let him go ahead first, I don’t mind having the last word.
===
On the vote inviting the national commander of the American Legion.
Harrell: The resolution is inviting the national commander of the American Legion to speak to the body. We’re in a roll call vote on it. In other words, it’s a vote of whether or not you’re going to attend.
Ott: And we’re going to hold you to it if you vote yes.
(Laughter)
===
During the debate on the state sovereignty bill.
Sen. Phil Leventis: I’ve probably fired more bullets than you have. Why? Because I used to shoot them at 100 a second. Not for many seconds, but that’s how fast the gun shoots on the plane that I flew for about 20 years. And even though I did it maybe once a week, you know. So, we’ll leave that statement unchallenged that I fired more shells than y’all have, and then the next time we get up, you can assure me why I’m wrong about that.
===
During the discussion of the suit against the Judicial Merit Selection Commission.
Sen. Robert Ford: You know our colleagues in Charleston, our constituents. I mean, they’re always ready to fight.
McConnell: Now, Charleston can create crises around here.
