pfb1201Hey, kids! Did you remember that Dec. 1 was another one of those prefiling days for the House? Well, it can be excused if you forgot, considering the thrilling back-and-forth between Gov. Mark Sanford‘s high-priced attorneys and the ad-hoc House impeachment committee that morning. Actually, speaking of impeachment….

Rep. Jim Harrison, chairman of the committee, filed a resolution taking the lesser path, censuring the man with a love of Latin women with a penchant for Austrian economic theory. Like the impeachment resolution submitted by Rep. Greg Delleney, it uses some military terminology.

H. 4219: A CONCURRENT RESOLUTION TO CENSURE MARK C. SANFORD, JR., GOVERNOR OF SOUTH CAROLINA, FOR DERELICTION IN HIS DUTIES OF OFFICE AS GOVERNOR AND FOR OFFICIAL MISCONDUCT THAT HAS BROUGHT DISHONOR TO HIMSELF, THE STATE OF SOUTH CAROLINA, AND TO ITS CITIZENS.

On another note, the annual tax-free holiday on firearms in South Carolina brings a lot of yuks from the peanut gallery, and for good reason. A gun is not a necessity. Food is a necessity — how about eliminating sales tax on groceries, permanently? Eh, no, it’s important to make sure that sportsmen and those of other ideas (home security, building a militia in Oconee County) can buy a weapon of several hundred dollars and not pay sales tax. Really — if you have the cash to spring for a gun, you can chip in a few more bucks on sales tax without having to wait for a special time after Thanksgiving. However, Reps. Mike Pitts and Brian White want to make sure you can still get that tax-free gun.

H. 4220: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO REENACT THE “SECOND AMENDMENT RECOGNITION ACT” EXEMPTING FIREARMS SOLD ON THE FRIDAY AND SATURDAY AFTER THANKSGIVING OF EVERY YEAR.

A lot of states and municipalities have laws against scalping. As in, it’s illegal to buy a ticket to an event — usually sports or a concert — and resell it. Some have relaxed that to say you can sell your ticket, but it has to be at face value. And if you’ve walked around Williams-Brice Stadium on game day, you know that nobody is enforcing scalping laws. Rep. Bakari Sellers is attempting to throw out the law altogether.

H. 4223: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTIONS 16-17-710 AND 39-5-36 BOTH RELATING TO THE PROHIBITION AND PRICE RESTRICTIONS ON THE RESALE OF TICKETS TO EVENTS.

Finally, a bill that is likely to go nowhere. Sure, there are tons of bills that get referred to committee every year and never see the light of day, but if you have legislation that’s likely to play well among the base of the minority party (in this case, Democrats), forget about it. Rep. John King is putting in a hate crimes bill. South Carolina is a national leader in hate crimes, according to a recent study (what a surprise), but considering the conservative opinion is that every crime is a hate crime, this bill is DOA.

H. 4224: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 TO CHAPTER 3, TITLE 16 SO AS TO PROVIDE ENHANCED PENALTIES FOR A PERSON CONVICTED OF A CRIME CONTAINED IN THIS CHAPTER WITH THE INTENT TO ASSAULT, INTIMIDATE, OR THREATEN A PERSON BECAUSE OF HIS RACE, RELIGION, OR SEXUAL ORIENTATION.

pfmiscHere we give you the best of the rest, the bills that were noteworthy, but didn’t have other bills that were interesting enough to pair up with. There’s a little bit of everything in here.

Including snakes. And alligators. And God-knows-what-all that Rep. Herb Kirsh is introducing a bill regarding. It’s pretty much developing a full realm of regulation involving reptiles that’ll kill you as soon as hiss, growl, rattle, or just sneak up and bite your ass off.

H. 4218: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 17 TO TITLE 50 SO AS TO PROVIDE FOR THE REGULATION OF VENOMOUS REPTILES, CONSTRICTING SNAKES, AND CROCODILIANS, INCLUDING SPECIFICATIONS FOR HOUSING AND TRANSPORTATION ENCLOSURES, WRITTEN BITE, SAFETY, AND ESCAPE PROTOCOLS; LAW ENFORCEMENT PROCEDURES; REQUIREMENTS TO DETERMINE IF A REPTILE IS REGULATED UNDER THIS CHAPTER AND FOR MAKING FINAL DISPOSITIONS OF THESE REPTILES; ACTIVITIES NOT SUBJECT TO REGULATION UNDER THIS CHAPTER; CRIMINAL PENALTIES FOR VIOLATIONS; AND TO PROVIDE THAT CERTAIN CONDUCT CONSTITUTES RECKLESS DISREGARD FOR THE SAFETY OF OTHERS AND SUBJECTS VIOLATORS TO PUNITIVE DAMAGES IN CIVIL ACTIONS.

It always seemed as though the lieutenant governor’s office didn’t need term limits. Anyone who stays in that office past two terms either has a screw loose, or must be taking some sweet kick-back deals. That’s not stopping Rep. Tim Scott, though, who wants to limit the occupant to two consecutive terms.

H. 4182: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE EXECUTIVE DEPARTMENT OF STATE GOVERNMENT, SO AS TO PROVIDE THAT BEGINNING WITH THE PERSON ELECTED LIEUTENANT GOVERNOR IN THE GENERAL ELECTION OF 2014, NO PERSON MAY BE ELECTED LIEUTENANT GOVERNOR FOR MORE THAN TWO SUCCESSIVE TERMS.

And, we’re back again at common-law marriage. Why we’re still having to deal with this in the 21st century doesn’t seem to make sense, but Rep. Grady Brown is ready to go.

H. 4201: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THIS STATE MAY NOT BE RECOGNIZED AFTER DECEMBER 31, 2010, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2010; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.

Remember the reforms passed by the General Assembly during the extended session regarding the Employment Security Commission? Ah, well, it still needs enabling legislation. Its chief sponsor is House Majority Leader Kenny Bingham, accompanied by Speaker of the House Bobby Harrell and Reps. Harry Cato, Dan Cooper, Jeff Duncan, Jim Harrison, Leon Howard, Phil Owens, Brian White, Annette Young, Harry Ott and Gilda Cobb-Hunter.

H. 4203: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE “EMPLOYMENT SECURITY FUNDING AND REFORM ACT”.

Rounding it out is Rep. Bakari Sellers, who put in legislation that does a bit of restructuring in how the state administers education. Let’s see — it starts out by requiring that the high school graduation rate be tallied by race or ethnicity, and released by September of each year, then to eliminate the Education Oversight Committee, by taking out the EOC and moving its responsibilities into the state Department of Education. Anybody that loves strike-throughs will be exited by the text of this bill.

H. 4197: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-505 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO RELEASE HIGH SCHOOL GRADUATION RATE DATA BASED ON RACE OR ETHNICITY BY SEPTEMBER FIRST OF EACH YEAR; TO AMEND SECTIONS 59-1-450, 59-1-452, AS AMENDED, 59-1-453, 59-6-10, 59-16-70, 59-18-120, AS AMENDED, 59-18-310, AS AMENDED, 59-18-320, AS AMENDED, 59-18-350, AS AMENDED, 59-18-900, AS AMENDED, 50-18-920, AS AMENDED, 59-18-950, 59-18-1500, AS AMENDED, 59-18-1510, AS AMENDED, 59-18-1530, AS AMENDED, 59-18-1540, AS AMENDED, 59-18-1570, AS AMENDED, 59-18-1590, AS AMENDED, 59-18-1700, AS AMENDED, 59-18-1930, AS AMENDED, 59-21-440, 59-21-600, 59-21-1210, 59-24-65, 59-26-20, AS AMENDED, 59-28-150, 59-28-190, 59-28-200, AS AMENDED, 59-28-210, 59-29-170, 59-29-220, 59-40-70, AS AMENDED, 59-40-230, 59-50-20, AS AMENDED, 59-59-170, 59-63-65, 59-139-10, 59-139-40, 59-139-60, AND 59-150-325, ALL RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, TO CHANGE CERTAIN REFERENCES FROM THE EDUCATION OVERSIGHT COMMITTEE TO THE DEPARTMENT OF EDUCATION, THE STATE BOARD OF EDUCATION, OR THE SUPERINTENDENT OF EDUCATION, AND TO DELETE CERTAIN REFERENCES TO THE EDUCATION OVERSIGHT COMMITTEE; TO REPEAL SECTIONS 59-6-15, 59-6-16, 59-6-17, 59-6-20, 59-6-30, 59-6-100, AND 59-6-110 ALL RELATING TO THE BUSINESS EDUCATION PARTNERSHIP AND EDUCATION IMPROVEMENT PROGRAM MONITORING; TO REPEAL SECTION 59-21-1220 RELATING TO THE CAMPUS INCENTIVE PROGRAM; TO REPEAL SECTIONS 59-24-100 AND 59-24-110 BOTH RELATING TO THE SCHOOL PRINCIPAL INCENTIVE PROGRAM; TO REPEAL SECTION 59-28-220 RELATING TO RECOMMENDATIONS FOR EMPLOYER TAX CREDIT INCENTIVES; TO REPEAL SECTION 59-139-50 RELATING TO A PLAN FOR TECHNICAL ASSISTANCE; AND TO REPEAL SECTION 59-141-10 RELATING TO NATIONAL EDUCATION GOALS.

genobvs

TUESDAY
Bills introduced

  • H. 3446, introduced by Speaker of the House Bobby Harrell, to express the gratitude of the House to Debbie Parker Hankins on her retirement as the House journal clerk.
  • H. 3470, introduced by Rep. B.R. Skelton, to increase the cigarette tax to 50 cents per pack, with money to go to a smoking cessation and prevention fund, a marketing fund for state crops, the Medicaid trust fund and a health care trust fund.
  • H. 3471, introduced by Rep. Richard Chalk, to raise the cigarette tax to 45 cents per pack.
  • H. 3478, introduced by Rep. Don Bowen, to institute a performance bonus for public school teachers, not to exceed five percent of the teacher’s salary.
  • H. 3483, introduced by Rep. Brian White, to propose a constitutional amendment to protect hunting, trapping and fishing.
  • S. 392, introduced by Sen. Tom Davis, restructuring the State Ports Authority with a director appointed by the governor.
  • S. 398, introduced by Sen. Lee Bright, the Senate companion to the House “born alive” bill.

Other action
Both the fusion voting bill (H. 3067) and the abortion ultrasound bill (H. 3245) were placed on the contested calendar for the House.

S. 4, the “Teacher Protection Act,” which was chief sponsored by Senate President Pro Tem Glenn McConnell, was passed by the Senate 40-0 on the third reading.

Scenes from the floor
Rep. Jimmy Merrill, asking questions on the rural telephony bill.
Merrill: Could these guys move out of the way? Whoever is handing out stuff, so that we could see? Hey, excuse me, get ou…I can’t even see. Thank you.
Rep. Michael Thompson: You have a way with words, Mr. Merrill.
Merrill: It’s all I got, man.
Thompson: I know the feeling.

Rep. Grady Brown on Rep. Carl Anderson‘s birthday.
Brown: Thank you Mr. Speaker, House members, ladies and gentlemen. If you would give me your attention please, just a moment. Today is a very special day for my deskmate. He wouldn’t tell me how many, but when you see Carl Anderson today, Rep. Carl Anderson, you would want to, especially…SHHHHHHHHHH. It always works. Even for adults, it works. I learned that, when I DJ. People want to hush. But, anyway, Carl Anderson has a birthday today. So, Carl, would you please stand? He is 39 years old today. Happy birthday, Carl.

And, tonight, when you leave the judges reception, we will be at Rust again, behind the Motor Supply, doing beach music for four hours. So, for those of you who would like to, we’d like to have you drop by. Thank you.

Harrell, on lunches.
Harrell: The Democratic Caucus has a cold sandwich lunch, according to your leader [laughter from the chamber], in Room 305 of the Blatt Building. The Republicans, during our regular lunchtime, have a hot lunch available in Room 105 of the Blatt Building.

WEDNESDAY
Bills introduced
S. 400, by Sen. Creighton Coleman, congratulating Tyler Thigpen, the first quarterback for Coastal Carolina, on his accomplishments with the Chanticleers and on becoming the starting quarterback for the Kansas City Chiefs.

Bills reported out of committee

Second reading

  • H. 3463, chief sponsored by Rep. Garry Smith, which eliminates the provision that electronic traffic tickets have to be printed in different colors, depending on the offense.
  • S. 1, McConnell’s bill on spending caps, carried over per the resolution of Sen. Larry Grooms.
  • S. 12, Sen. Hugh Leatherman‘s Tax Realignment Commission bill, carried over per Leatherman, not to be considered before Feb. 19.

Judicial elections
The following people were elected to state courts.
Kaye Hearn, Court of Appeals, Seat Five
Thomas Cooper, Fifth Judicial Circuit, Seat Three
Roger Young, Ninth Judicial Circuit, Seat Three
Carmen Tevis Mullen, Fourteenth Judicial Circuit, Seat Two
Benjamin Culbertson, Fifteenth Judicial Circuit, Seat Two
Rupert Markley Davis Jr., Circuit Court At-Large, Seat Two
Clifton Newman, Circuit Court At-Large, Seat Three
Edward Miller, Circuit Court At-Large, Seat Four
J. Mark Hayes II, Circuit Court At-Large, Seat Five
Jesse Cordell Maddox Jr., Circuit Court At-Large, Seat Seven
Michelle Childs, Circuit Court At-Large, Seat Nine
James R. Barber III, Circuit Court At-Large, Seat Ten
Edgar Warren Dickson, First Judicial Circuit, Seat One
William Jeffrey Young, Circuit Court At-Large, Seat One
William Henry Seals Jr., Circuit Court At-Large, Seat Six
Edgar Henderson Long Jr., Family Court, Tenth Judicial Circuit, Seat One
Alex Kinlaw Jr., Family Court, Thirteenth Judicial Circuit, Seat Six
Deborah Brooks Durden, Administrative Law Court, Seat Four

Scenes from the floor
Former Sen. John Drummond made an appearance at the State House.

Rep. Ken Kennedy, referring to debate under cloture of the payday lending bill.
Kennedy: If they would just refer all of their time to me, I will do the speaking against it for them.
Harrell: As long as no one raises a point of order, and when you’re through with 10 minutes, as long as the Chair doesn’t just say, “Mr. Kennedy, you’re at the end of your time,” then that would be OK. But, I’m guessing one of those two things will happen, Mr. Kennedy. Ms. Young is assuring me that one of those two things will happen [laughter from the chamber].

Rep. Chris Hart, on issues with legislative power and the payday lending bill.
Hart: None of ‘em made it out, in the six months that we were in session. We’re now in session, second week, February. This bill is on the floor. Look at the lead sponsors of the bill. That tells you why this bill is on the floor. We have 15 different bills in LCI committee right now, dealing with deferred presentment. Not one got a hearing.
::Inaudible due to overloading of the LPITS server.::
How come the bills from last year did not get out of subcommittee, but this one is on the floor? Can somebody please raise a hand and tell me why is this bill on the floor? [laughter from the chamber]
Unidentified legislator: Look behind you! [laughter from the chamber]

Rep. Bakari Sellers, on his amendment to the payday lending bill.
Sellers: Why am I only giving them a dime?
Acting Speaker Jim Harrison: Ms. Cobb-Hunter is recognized for a question.
Sellers: Mr. Speaker, may I answer her? Rep. Cobb-Hunter, in my heart, I would love to give them a dollar, or a dollar and fifty cent. I think financial literacy programs are programs that need to be taught throughout the state more often. I do realize that leaving this body $400,000 may be a coup. It’s something that we need to take over to the Senate, and see if we may be able to, one day, be able to offer more. But, at this time, $400,000 a year, if we can move for adoption….
Harrison: Mr. Sellers, you have a question from Mr. …. Mr. Gunn. Mr. Gunn has a question, Mr. Sellers.
Rep. Anton Gunn: Rep. Sellers, is this your attempt to drop a dime on the industry?
Sellers: I like that language. We’re going to, I guess.
Gunn: Is that a yes?
Sellers: Yes.
Gunn: OK. Thank you.

Following the Q&A between Cobb-Hunter and Rep. Eric Bedingfield on the EFCA resolution.
Harrell: Gentlemen….
Sellers: [joking] It’s a Black Caucus meeting! [laughter from the chamber]
Harrell: Mr. Rutherford [chuckles], and Mr. Gunn, and Rev. Neal, and Mr. Hart, Mr. Kennedy has complained that you have congregated over there. [chuckles] All right. Mr. Kennedy is recognized.

Tweeting the payday lending bill debate.
Rep. Thad Viers: there are 30 freaking amds on the desk….time for the cloture kitty to come out and play!!!
Rep. Nathan Ballentine: good thing Rep Chris Hart is already on 3M committee….speaking truth to power can be costly around here
Rep. Dan Hamilton: only 30 more amendments on the payday lending bill…great. Honey, I won’t be home for dinner
Rep. Joey Millwood: I wish I brought an overnight bag. This is seriously going to be late. I learned that lesson!
Hamilton: Its the Alan Clemmons amendment show today at the State House.
Millwood: We’re saving jobs and the free market in the House today!
Gunn: Got the Hell beat out of me on Pay Day Lending. Good guys lost one today.

THURSDAY
Bills introduced

  • H. 3509, introduced by Rep. Michael Pitts, to affirm the rights of all states, and South Carolina, under the Ninth and Tenth Amendments.
  • H. 3521, introduced by Sellers, to establish a committee to more fully investigate the Orangeburg Massacre and submit a report on its findings.
  • H. 3523, introduced by Skelton, to institute a statewide smoking ban, excepting private clubs.
  • H. 3526, introduced by Rep. Liston Barfield, to institute the “Right to Life Act”. The act would, “establish that the right to life for each born and preborn human being vests at fertilization, and that the rights of due process and equal protection, guaranteed by Article I, Section 3 of the constitution of this state, vest at fertilization for each born and preborn human person.”
  • H. 3527, introduced by Barfield, the 2009 version of the infamous “fetus statue” monument.
  • H. 3537, introduced by Millwood, requiring that the Legislative Audit Council conduct an annual audit, choosing randomly, on one-fifth of the state’s school districts. The bill grants the LAC power to contract out to an independent firm. The school district, in this cash-strapped time, is required to pay for the audit, whether it is by the state or an independent firm. The bill does not say where the districts are supposed to come up with this money.
  • S. 424, introduced by Bright, to affirm South Carolina sovereignty under the Tenth Amendment. Wade Hampton approves.

The General Assembly resumes on Feb. 17.

rollcall

On Wednesday, surprisingly, Gov. Mark Sanford‘s State of the State address wasn’t the biggest news to come out of the State House. Earlier in the day, the S.C. House hiked up its britches and voted 115-0 in favor of a new House rule to require roll call votes in a number of circumstances.

“This does everything the Spending Accountability Act said, and more,” Rep. Nikki Haley said. “This also includes the Speaker’s amendments, amendments that deal with tax increases as well as those with legislative perks, but it does deal with all second readings, amended third readings, conference committee reports, Senate amendments and has the provision for every section of the budget.”

She continued, “This has been a challenging six months. The one thing that I feel incredibly proud about is that the leadership from both sides of the aisle, legislators from both sides of the aisle, heard the people say they want change, and today we are giving it to them. We can go home and all be proud and say, ‘We will have more accountability, we will have all of our legislative votes on the record.’ Today is a very good day.”

Rep. Nathan Ballentine moved that there should be a roll call vote on the rule, but before that could take place, Rep. Ken Kennedy wanted a clarification.

“I want to ask a question about, why are we here,” he asked. “We debated this in our meeting a few weeks ago, and we tried to get you guys to listen to what we were debating, and not do what you did. Now you’re changing it. Whats the problem?

“My question is, why are we making the change, when Democrats last term, when we had the meeting, we tried to get y’all not to do that. Now, you are using Mrs. Haley’s bill to do a rule change. You’re basically taking everything she’s got in her bill and adding it to a new House rule.”

Rep. Brian White, chairman of the Rules Committee, responded, “We didn’t take everything she has. We had already made most of those changes, anyway, Mr. Kennedy, but we were just deleting the section on the presumption of yea/nay. The whole part about the budget thing — we’ve already got a vote on the budget anyway, so section by section….”

After the vote, Haley talked to Kennedy, and he explained that he is in favor of transparency, and the debate on the floor was a result of a misunderstanding.

“A lot of legislators still want a bill,” Haley said. “We’re not going to stop trying to get a bill, but, understand [passing the rule change] was a huge step in the right direction. As of tomorrow, all of these votes are on the record. Kudos to everybody that sat on the floor of the House that said, Yes, we’re ready to go with it. It’s a good thing.”