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.

Funnily enough, men from two parties can talk to each other and work out a deal, even in South Carolina. The voter ID/early voting bill, H. 3418, was in such a mess of debate and amendments that it was set on Wednesday for third reading, but allowing for amendments, which is highly unusual. However, cooler heads prevailed.

Before Wednesday’s session, Senate President Pro Tem Glenn McConnell and Senate Minority Leader John Land got together to work out a compromise on the legislation to minimize the pain the Senate would have to endure in knocking down amendments before the inevitability of voting the bill through. It’s a tribute to both men that they got it done.

Gubernatorial candidate and Sen. Vince Sheheen was not down with the plan, and still kept several amendments on the desk. Land showed his leadership by saying he empathized with Sheheen but had to object to his amendments. In the end, the bill passed.

McConnell, before the debate, said, “Ladies and gentlemen of the Senate, I want to bring some clarity to the debate from yesterday, and the questions that were raised. I subsequently had the opportunity to talk to the senator from Clarendon about the dialogue that he and I had regarding, would amendments be allowed on the third. And, here is what was intended and he will confirm it: yes, we would allow amendments on third that are an exception to the rule. Something that we left out and intended to put in, something that misstated that we should have stated a different way, and clarifications.”

Yes, Virginia, progress can happen in the General Assembly.

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.

Thursday’s brokered end to the battle over the Voter ID/early voting bill in the Senate showed a brief glimpse of a change in the atmosphere of the General Assembly this year. If one thing has been at the forefront, it’s been Republican red meat bills and Democratic obstruction. There ends up being a lot of talking from the left side of either chamber, and when a enough legislators finally have enough of the mess, debate is adjourned with the hope of fixing the problem later.

The same thing was going on in the Senate, which had just come out of filibustering over the state sovereignty resolution. Then came H. 3418, the bill chief sponsored by Speaker of the House Bobby Harrell that passed the lower chamber last year. The Democrats, who get cheeky in their role in opposition, showed up with 1,001 amendments to the bill. Take that into account — you have to have so much commitment to fucking with the majority party that you have staff go through and write hundreds of amendments.

Fortunately, Sens. Chip Campsen and Gerald Malloy came together and worked out the kinks to get the bill passed. It’s what legislation is about, and that’s compromise to reach an equitable solution. Republicans get voter ID, Democrats get more on early voting.

In a statement, Senate Minority Leader John Land said, “This is a good compromise that protects the voter’s access to the polls and the integrity of our elections. Democrats’ priority from the beginning of this debate was to ensure that all registered voters would have uninterrupted access to the polls. I believe this plan keeps the polls open to all citizens and goes a long way to making voting more efficient in our state.”

In The State, Senate President Pro Tem Glenn McConnell had a similar opinion. “It’s something everybody can look at,” He said. “It is a bipartisan effort.”

Before the bill made it through, Sen. Larry Martin said to the AP, “The integrity of the voting process is one of the most important rights of citizenship that we have, and when that in any way is jeopardized, it stands to suffer.”

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.

The Judicial Merit Selection Commission has been a part of the screening and election of judges in this state for some time, but the brouhaha surrounding the case of Family Court Judge Charlie Segars-Andrews is threatening to blow up the works, just weeks out from the new judicial elections. She is suing to declare the process unconstitutional, and has been joined by the S.C. Bar Association and other like-minded parties are expected to sign on.

Thursday, Senate President Pro Tem Glenn McConnell filed a bill, S. 1083, to strike the current schedule for electing judges until the situation can be resolved. “I put in the resolution to send it to the Judiciary Committee, after conferring with counsel to take a look at it, and see if we need to carve some of them out or all of them out, or what,” he said. “But in order to prevent any of this from happening, we’re going to be filing a motion for an expedited hearing so that we can get it behind us before the elections. That’s what we’re trying to do at this point, And, preserve our rights.”

The Senate and the House are working together on this one, to get it done as soon as possible. There’s a lot of questions in the air, including what may happen to judicial seats that aren’t subject to carry over and may end up empty if the problem isn’t resolved quickly. McConnell contends that the Constitution gives the legislature the power to screen and elect judges, so the General Assembly has that on its side. But, the involvement of the S.C. Bar is creating its own issues.

McConnell:

Look at the natural consequences. If the commission in ruled unconstitutional, we’ve got to go back and reconstitute that commission. And I suspect it’s going to be very controversial, because I can tell you, I’m going to be very much opposed to the South Carolina Bar controlling that screening committee. There’s some others that would like to see the public input.

Senate Minority Leader John Land:

The South Carolina Bar would only control it if we had something, if we allowed them.

McConnell:

That’s correct. You are absolutely correct, senator from Clarendon.

Land:

Of course, I’m a member of the bar, but I would not be supporting this endeavor, just as I did not support them in their last endeavor when they did not understand what they were doing.

We have no reason to believe this case won’t be fast-tracked, so there should be a resolution soon.

The Senate, like its national counterpart, is known for being tradition-bound and extending a fairly large amount of courtesy to its members. But every deliberative body has rules, and those rules were tested on Thursday when it appeared several members were engaging in a stalling tactic. It involved several bills that were set up to deal with sales tax exemptions, as a number of senators were seeking to get the bills placed on the calendar without reference.

The festivities started off with Sen. Gerald Malloy. That bill, S. 1080, addressed sales tax exemptions on publications. Malloy went to the podium to explain the legislation during its first reading. His time speaking started getting rather lengthy, so Sen. Larry Martin submitted a point of order, after the calendar motion failed, that Malloy should no longer have the floor. The point of order failed, and Malloy continued talking and taking questions. Patience appeared to be running out and Martin asked another point of order that Malloy had expended his time as allotted during the introductions period.

Martin:

Mr. President, we’ve been here 30 minutes on this one introduction, at least 30 minutes, and I just felt like that it was time we move on to further introductions.

Malloy:

I appreciate the way the senator from Pickens feels, but I rose from my chair, I asked to be heard. For the first several minutes, no one listened. No one listened – well, some people listened. Let me say that. The bill is on the desk, I asked to be heard on the bill, I gave some background, answered a lot of questions. And so, what we’re talking about is the sales tax exemptions and the responsibility of the Senate.

Senate President Pro Tem Glenn McConnell:

I don’t mean to interrupt you, but he’s raised a point of order. You just need to address to the Chair your remark on the question. Let me see if I can bring some clarity to the Senate. Under our rules – this is not an advisory opinion – but under our rules, it’s very clear that we have an introductions of bills and resolutions, provided for on the calendar. Under our rules, we have here at the desk, no discretion over what we can do. According to the rules that you have passed, we must refer the bill to the committee of jurisdiction. Therefore, under those rules, none of you are given a direct right to get up and debate a bill on first reading. However, under our rules, each of you can make a point, an expression of personal interest or other remarks. They must not exceed five minutes. The Senate has always been a body of tradition, of allowing members to get up – primary sponsors, and explain. A member has a question. But, I would remind the Senate of the rules that we all put in, which, technically, take you into the five-minutes. However, the Senate has been tolerant of other members being able to get some information. And, that is the rule. And I will approach the point of orders based on that rule.

Martin:

Let me state this, Mr. President, if I may, from my desk, if there’s no objection to it. I am certainly not going to object, and I withdraw the point of order that’s been raised on the senator from Darlington. I think at this point in time, he’s spoken for 20 minutes or so – I didn’t keep close count, but it was 20, 25 minutes – and Mr. President, I wouldn’t have ever raised it had there been just one bill, had there been the understanding that this was it. The understanding that I’ve got, a clear understanding, Mr. President, that there is an effort underway to abuse the process. And I would just encourage the members to understand there is a clear rule on this. And, that we follow that rule and not abuse – there are other ways we can slow down the calendar. I understand what is underway. But this isn’t provided in the rule. It doesn’t allow unlimited discussion, as you so clearly stated.

Martin added that his points of order were no slight to Malloy, nor to disrespect his enthusiasm for the legislation. That didn’t mean that it was the last time this dance occurred. Sen. John Matthews stepped up to explain S. 1084, dealing with sales taxes on all manner of things related to trains and their parts. The bill was put up for going on the calendar without reference, that failed, and Martin raised the point of order for speaking over the allotted time again.

That managed to stop the moves, as S. 1090, S. 1091 and S. 1092, all similar bills, were published and sent to their appropriate committees.

This is why this feature needs to be done after each day the General Assembly is in session. Like a college football team playing its first game of the year, we were a little rusty out of the gate — and absent-mindedly short of AAA batteries for the voice recorder. Regardless, a lot happened in the first week of this year’s session, and here’s a few of the highlights.

TUESDAY
HOUSE
Statement from Rep. Ted Pitts

• Today, on the first day of the 2010 legislative year, it disappoints me that I cannot be there at the opening of what will be my last year as a member of the South Carolina House of Representatives. If plans do not change, the next time I step on the floor of the House, it will be as a former member. Serving the County and State I love so much in the S.C. House has been one of the greatest honors of my life and the memories and friendships will be cherished. The House truly is a great institution, bigger than any one person and an embodiment of what our Founding Fathers intended, with South Carolinians deciding collectively through a representative democracy, what is best for South Carolina. During 2010, I have been called to serve our State and Country in a different place and on a different front. Like many after the attacks of 9/11, I found myself wanting to do my part to protect and defend the greatness of this Country. It is now my turn to go do my part in the ‘War on Terror’ as a Captain in the South Carolina National Guard, like Luke 12:48 says “To those much is given, much is expected.”

Special presentation

• Speaker of the House Bobby Harrell and the Charleston delegation presented former Rep. Wallace Scarborough with a showing of their thanks for his service in the General Assembly.

Reported out of committee favorably

• H. 4219, sponsored by Rep. Jim Harrison, a censure resolution of Gov. Mark Sanford. It was ordered to be taken up on Wednesday.

SENATE
Introduced

• S. 1040, by Sen. Mike Rose, to allow games of Texas hold ‘em, or any other poker game, to be played at Federal military installations in the state, as permitted by the base commander.

Received from the House

• H. 4022, by Ted Pitts, to provide that firearms, ammunition and accessories manufactured and kept in South Carolina are exempt from Federal firearms laws.

Debate interrupted

• S. 424, by Sen. Lee Bright, relating to the rights of South Carolinians under the Ninth and 10th Amendments. A strike-and-replace amendment to the bill was offered, to address actions by Congress relating to health care and bailouts. The action surprised Democrats, who began a filibuster.

WEDNESDAY
HOUSE
Motion

• Rep. Tom Young requested that the House adjourn in memory of former state Treasurer Grady Patterson.

Introduced

• H. 4298, by Rep. Joan Brady, related to reform of the State Children’s Health Insurance Program.
• H. 4299, by Rep. Dan Cooper, to allow spending flexibility among public schools in a number of areas.
• H. 4303, by Rep. Kenny Bingham, immediate reforms to the Employment Security Commission, including parameters for disqualifying some applicants and upgrading technology.
• H. 4327, By Rep. Mike Sottile, to provide an exception to Sunday beer and wines laws, so as to allow an establishment already allowed to sell beer and wine to purchase a permit that would allow them to sell on Sunday.

Reported out of committee favorably

• H. 4253, sponsored 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.

Ordered to third reading

• 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. It passed, 77-41.

Passed

• H. 4219, by Harrison, to censure the Governor. The concurrent resolution passed with a margin of 102-11. Most no votes were by Democrats who wanted to see a sterner resolution.

Debate adjourned

• Debate was adjourned for two bills relating to the budget until Feb. 2. One was the actual budget bill (H. 3561), and the other was a bill to amend the tax code (H. 3854, by Cooper).
• H. 3543, by Brady, implementing a dating violence policy to help local school districts to develop their own policies and to create reporting requirements. Rep. Walt McLeod wanted to see how much such a measure would cost, and requested the bill be taken back up on Jan. 20.
• H. 3280, 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 superintendent of education from the number of constitutional officers on the ballot.
• H. 3608, by Rep. David Mack, to establish early voting centers, a way for a voter to register and vote early, and other matters related to the issue.

SENATE
Introduced

• S. 1042, by Sen. Jake Knotts, to allow teachers to administer corporal punishment on school grounds without being subject to civil or criminal penalties, and extending that protection to administrators and the district.

Reported out of committee favorably

• H. 3488, by Rep. James Smith, to develop a committee to address veterans’ issues.

Recalled, sent to committee

• H. 4219, by Harrison, to censure the Governor. Knotts suggested that the bill should go through the normal committee process, and the resolution was sent to the Judiciary Committee.

Passed on second reading

• S. 1027, by Sen. Yancey McGill, to prohibit hunters from using dogs on private property without permission.

Debate interrupted

• S. 424, by Bright, relating to the rights of South Carolinians under the Ninth and 10th Amendments. A strike-and-replace amendment to the bill was offered, to address actions by Congress relating to health care and bailouts. Democrats continued their filibuster.

THURSDAY
HOUSE
Special presentation

• Harrell and the Charleston delegation presented Mack with his Dr. Martin Luther King Jr. Picture Award for “going above and beyond” his service to the community.

Introduced

• H. 4336, by Cooper, to extend the deadline for a report and recommendations from the Taxation Realignment Commission from March 15 to Nov. 15.
• H. 4348, by Rep. Anton Gunn, to require minutes of full committees and subcommittees of the House be recorded by voice recorder, archived, available online and to require that votes on all actions be taken by roll call vote.

Ordered to third reading

• H. 4299, by Cooper, to allow spending flexibility among public schools in a number of areas.

Ordered to third reading, as amended

• H. 4303, by Bingham, immediate reforms to the Employment Security Commission, including parameters for disqualifying some applicants and upgrading technology. It passed, 112-1.

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. It failed by lacking a two-thirds majority, 72-38.

Adopted and sent to Senate

• H. 4253, sponsored by 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.

Debate adjourned

• H. 3280, 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 superintendent of education from the number of constitutional officers on the ballot.

SENATE
Introduced

• S. 1053, by Sen. Glenn McConnell, to mandate that no fee, penalty or tax can be raised in the general appropriations bill, and only by separate legislation, and to provide exemptions.

Passed on second reading as amended

• 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 at the end of the session.

Ordered to third reading

• H. 3488, by J.E. Smith, to develop a committee to address veterans’ issues.

Passed on third reading, sent to House

• S. 1027, by McGill, to prohibit hunters from using dogs on private property without permission, as amended by committee.

Debate interrupted

• S. 424, by Bright, relating to the rights of South Carolinians under the Ninth and 10th Amendments. A strike-and-replace amendment to the bill was offered, to address actions by Congress relating to health care and bailouts. Democrats continued their filibuster.

QUOTES
Statement by Sens. McConnell, Billy O’Dell, Larry Martin, Thomas Alexander, and Hugh Leatherman in regard to the vote to adjourn on Thursday.
Today, the opponents of the Sovereignty Resolution, S. 424, who had been engaging in extended debate to block passage offered to conclude the debate on Tuesday if the Senate would adjourn. Those of us who wanted to pass the Resolution did not have the cloture votes to conclude the debate today and vote up or down. Therefore, the offer by the opponents was reasonable and made good common sense. There was no need to sit here today in a filibuster and then be back in a filibuster on Tuesday when we could conclude the matter on Tuesday. To vote against adjournment meant no deal and no end to the debate. A vote by supporters of the Resolution with the opponents today to adjourn assures an end to the filibuster.

This was explained to the other supporters of the Resolution who chose instead to oppose adjournment. That vote, in our opinion, was supposed to apparently make them appear more determined than some of us to pass the Resolution; but, in actuality, their votes, if they prevailed, would have left the Resolution to die in extended debate.

= = =

On H. 4219, the resolution to censure
Harrison: Ladies and gentlemen, we have lived this nightmare for the past seven months.

= = =

As Harrell and the Charleston delegation stood at the podium on Thursday
Rep. Harry Cato: Mr. Speaker, if I knew how to turn you on, I would.
Laughter
Cato: Mr. Speaker, if I knew how to turn your microphone on, I would.

= = =

While speaking in opposition to the superintendent of education constitutional amendment.
McLeod: The Speaker wants to adjourn debate, and whatever the Speaker wants, I want.

For the second consecutive day, action in the Senate ground to a halt while Democrats filibustered an amendment to S. 424, the 10th Amendment bill. The resolution was to originally constructed to express the General Assembly’s discontent with general actions taken by Congress as of late. The amendment would strike and replace language to show the General Assembly’s rejection of the Democratic health care bill, however it makes it out of the negotiations between Congressional Democrats. It also discusses bailouts and the like.

Whereas, the United States Constitution and the Bill of Rights established a federal government limited in scope and guarantee of personal liberty so that our citizens will be free to pursue their inalienable rights of life, liberty, and the pursuit of happiness as recognized in the Declaration of Independence; and

Whereas, the Ninth Amendment to the United States Constitution provides that “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”; and

Whereas, pursuant to the Ninth Amendment, the people are guaranteed the right to privacy as a basic human right; and

Whereas, the delivery, administration and receipt of medical care affects personal privacy and involves the most intimate and personal of choices; and

Whereas, the Tenth Amendment to the United States Constitution provides that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”; and

Whereas, the Tenth Amendment defines the limited scope of federal power as being that specifically granted by the United States Constitution; and

Whereas, pursuant to the Tenth Amendment, by limiting the scope of federal power to only those specifically enumerated in the United States Constitution, the states retain plenary power to govern; and

Whereas, despite the clear limitations placed upon it by the United States Constitution, the federal government has steadily expanded its reach into the lives of our citizens and, in so doing, violates the very principles upon which this nation was founded; and

Whereas, the United States Supreme Court has said that states have great latitude in regulating medical care and standards, which have historically and constitutionally been primary state responsibilities and affect areas of core state responsibility, yet Congress and the President are reaching agreement over legislation that will result in the federal government absorbing the regulation of medical care, stripping the states of most responsibility, and taking away the free choice of the citizens of the states; and

Whereas, the federal government has spent trillions of dollars of borrowed money to run deficits, to bail out financial institutions, to prop-up auto makers, and to keep afloat other private enterprises that were mismanaged, took unnecessary risks, or were unresponsive to market demands, thus amassing a debt that will loom over and burden our country for generations to come; and

Whereas, the federal government habitually responds to its annual budget shortfalls by burdening the states with unfunded mandates, shifting costs for programs to the states, limiting state flexibility, and interfering with state revenue systems, undermining the constitutionally created balance between federal and state government; and

Whereas, the United States Supreme Court has ruled that Congress may not simply commandeer the legislative and regulatory processes of the states, and that states may provide their citizens with protections that exceed the protections by the federal government; and

Whereas, the United States Supreme Court has ruled that the United States Constitution allows states to grant rights to their citizens in their state constitutions, beyond rights granted in the federal Constitution; and

Whereas, the United States Supreme Court has recognized that federal law restricting certain rights may be ineffective in denying those rights protected in state Constitutions; and

Whereas, the federal government is considering legislation that may, among other things, obligate residents in South Carolina and other states to purchase health insurance; and

Whereas, the federal government is considering legislation that may, among other things, mandate that this State and other states increase its spending for Medicaid; and

Whereas, it is vitally important for the future of our nation that the states stand against the relentless expansion of the federal government and restore the proper balance to our federal system. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly of the State of South Carolina, by this resolution, claims for the State of South Carolina sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution.

Be it further resolved that it is the policy of the State of South Carolina that:

No law shall interfere with the right of a person to be treated by or receive services from a health care provider of that person’s choice;

No law shall restrict a person’s freedom of choice of private health care systems or private health care plans of any type;

No law shall interfere with a person’s or an entity’s right to pay directly for lawful medical services; and

No law shall impose a tax, penalty, or fine, of any type, for choosing a health care provider, to obtain or decline health care coverage or for participation in any particular health care system or plan.

Be it further resolved that it is the policy of the State of South Carolina that the Attorney General will challenge the constitutionality of any provision enacted by the United States Congress that would violate any of the policies established by this resolution and join with other states that are like-minded to make such a challenge.

Be it further resolved that no state agency, agent, department, instrumentality, or subdivision shall cooperate or participate in any way with any mandate passed by Congress upon notification by the Attorney General that the mandate has been successfully challenged in a court of competent jurisdiction, and further provided that there is not an order to the contrary by a court of competent jurisdiction.

Be it further resolved that copies of this resolution be forwarded to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of South Carolina’s Congressional Delegation, all at Washington, D.C., and to the Speaker of the House of Representatives and the President of the Senate of the legislatures of the other forty-nine states.

The talking, it went on for a long time.

For a while, it appeared that Sen. Mick Mulvaney, a cosponsor of the legislation, was filibustering his own bill by going on at length to convince his fellow legislators to pass it. Following an impromptu Senate Republican Caucus meeting, there was a bit of theater as Sens. Mulvaney, Glenn McConnell and John Courson discussed Barry Goldwater. Then, the inevitable — the talking started from the Democratic side.

Sen. Phil Leventis ceded to Sen. Brad Hutto, who stepped to the podium and didn’t stop, getting into an entertaining “flim-flam” call-and-response, saying that the bill as would be amended would have no power and if it did have power, would be a disaster to the state in the event of the state losing Federal health care funding. Sen. Robert Ford suggested a strike-and-replace amendment with the Ordinance of Secession. Sen. Dick Elliott asked about getting cots so that the senators could make it through the night.

However, it didn’t go all night, though the Wednesday session went a lot longer than it would have otherwise. Several senators, appearing to have had enough of the affair, asked for a leave of absence and took off. One thing is for certain, though — hackles are raised among the faithful. As good a Democrats v. Republicans fight is rare in South Carolina, when it happens, it’s solid.

Republicans, in general, are fed up. In a statement released about the debate, Senate Majority Leader Harvey Peeler said:

Like our founding fathers, we too will stand strong against an overreaching government because we do have a choice and with this resolution, we ask the Attorney General of South Carolina to fight any attempt to force a socialized health care plan on our state and its taxpayers. We will stand today, not just against the Democrats, but against a government that intrudes on our rights and our freedoms. We demand action today because by remaining silent, we signal our surrender.

The Democrats say our resolution is pointless. They say it has no effect of law. We don’t need a new law to stand up for our rights and to send a signal to Washington that we will not, under any circumstances, accept a takeover of our nation’s health care system. And we will take all legal actions necessary to ensure that our rights are protected.

S.C. Republican Party chairwoman Karen Floyd also voiced opposition to what Senate Democrats have been up to.

Rather than acting to protect South Carolina patients and taxpayers, state Democrats are already up to their old obstructionist tricks, and trying their best to import the Washington liberals’ fiscal irresponsibility here to our state. We’re proud of our Republican Senators who are standing strong in this fight to protect our rights to set policies and choose our own healthcare. The Democrats need to end their filibuster and act in the best interest of South Carolinians.

Democrats fired back, saying:

It’s ridiculous that our state’s Republican leaders are wasting time and money with this kind of grandstanding so early in the new legislative session. South Carolina citizens are counting on our leaders to pass legislation that will give their families access to quality, affordable healthcare, not strip them of their rights to Medicare and other services. Senators have a moral obligation not to waste time and taxpayer money on bills like this.

Something’s going to have to give in this tug-of-war. A cloture motion failed by two votes Wednesday, so the Senate will be taking up the measure again on Thursday. It stands to reason that Republicans are going to find those two votes and shut down the filibuster pretty soon.

If you thought the Taxation Realignment Commission was be-all and end-all of tax reform for the 2009-2010 legislative session, you would be wrong. It gets much more complicated than that. It’ll be interesting if any of these bills get out committee before the TRAC panel returns to the General Assembly with its recommendations in March.

S. 902: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 IN TITLE 12 SO AS TO ENACT THE “SOUTH CAROLINA FAIR TAX ACT”, EFFECTIVE JANUARY 1, 2011, AND TO REPEAL, EFFECTIVE AT THE SAME TIME, CHAPTERS 6, 8, 11, 13, 16, AND 36, ALL OF TITLE 12, RELATING RESPECTIVELY TO THE SOUTH CAROLINA INCOME TAX ACT, INCOME TAX WITHHOLDING, THE INCOME TAX ON BANKS AND SAVINGS AND LOAN ASSOCIATIONS, THE SOUTH CAROLINA ESTATE TAX ACT, AND THE SOUTH CAROLINA SALES TAX ACT.

This bill is sponsored by Senate President Pro Tem Glenn McConnell, and the TRAC panel is supposed to take a long, hard look at the Fair Tax. Whether or not it will suggest it is up for debate, which is probably why McConnell proposed this legislation to begin with.

Sen. Hugh Leatherman, chairman of the Senate Finance Committee, is seeking to get more information on spending. His bill deals with having the state’s chief economist submit a report that accurately reflects the anticipated revenue.

S. 905: A BILL TO AMEND SECTION 2-7-71 OF THE 1976 CODE, RELATING TO TAX BILLS AND REVENUE IMPACT STATEMENTS, TO PROVIDE THAT THE REVENUE IMPACT STATEMENT MUST BE SIGNED BY THE CHIEF ECONOMIST OF THE OFFICE OF RESEARCH AND STATISTICS; AND TO AMEND SECTION 2-7-78, RELATING TO THE CERTIFICATION OF A REVENUE ESTIMATE, TO PROVIDE THAT THE REVENUE IMPACT MUST BE CERTIFIED BY THE CHIEF ECONOMIST OF THE OFFICE OF RESEARCH AND STATISTICS.

It should come as no surprise that Mr. Tea Party, Sen. Larry Grooms, as advocating for the Fair Tax as well. It seems, however, that there are a lot of allowances and twists and turns. Often, we’ve seen that whenever a “simplified tax code” is proposed, it’s never all that simple. Lo, and behold.

S. 942: A BILL TO AMEND TITLE 12 OF THE 1976 CODE, RELATING TO TAXATION, BY ENACTING THE PALMETTO FAIR TAX ACT; TO REPEAL CHAPTER 6, TITLE 12, RELATING TO THE SOUTH CAROLINA INCOME TAX ACT; TO REPEAL CHAPTER 8, TITLE 12, RELATING TO INCOME TAX WITHHOLDING; TO REPEAL CHAPTER 11, TITLE 12, RELATING TO INCOME TAX ON BANKS; TO REPEAL CHAPTER 13, TITLE 12, RELATING TO INCOME TAX ON BUILDING AND LOAN ASSOCIATIONS; TO REPEAL CHAPTER 16, TITLE 12, RELATING TO THE ESTATE TAX; TO REPEAL CHAPTER 36, TITLE 12, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX; TO ADD CHAPTER 1 TO TITLE 12, BY ADDING ARTICLE 1 TO PROVIDE NECESSARY DEFINITIONS AND BY ADDING ARTICLE 2 TO PROVIDE FOR A ___ PERCENT TAX ON THE GROSS RETAIL SALES AND USE OF GOODS AND SERVICES, BY ADDING ARTICLE 3 TO ESTABLISH THE FAMILY CONSUMPTION ALLOWANCE, THE QUALIFYING CRITERIA FOR THE ALLOWANCE, THE MANNER IN WHICH THE ALLOWANCE IS CALCULATED, AND THE MANNER IN WHICH THE ALLOWANCE IS DISTRIBUTED, BY ADDING ARTICLE 4 TO PROVIDE FOR CREDITS, REFUNDS, AND EXEMPTIONS FROM THE TAX IMPOSED BY CHAPTER 1, BY ADDING ARTICLE 5 TO REQUIRE RETAILER TO OBTAIN A LICENSE, TO PROVIDE FOR THE REQUIREMENTS FOR LICENSURE, AND TO PROVIDE FOR THE OBLIGATIONS OF LICENSEES, AND BY ADDING ARTICLE 6 TO PROVIDE FOR GENERAL PROVISIONS RELATING TO THE COLLECTION OF TAXES IMPOSED BY THIS CHAPTER, REPORTING REQUIREMENTS, AND OTHERWISE PROVIDE FOR THE EFFICIENT ADMINISTRATION OF THE PROVISIONS OF THIS CHAPTER BY THE DEPARTMENT OF REVENUE; AND TO REPEAL SECTIONS 11-11-155 AND 11-11-156.

OK. Um, what the fuck is up with this one? Sen. Kevin Bryant has submitted a bill that will allow South Carolinians to give extra tax money to the general fund, but the dollars would have to be put up for a specific purpose. We can see the thinking now: “Wow. This is just too goddamn weird. Let’s bury that thing in subcommittee.”

S. 968: A BILL TO AMEND CHAPTER 6, TITLE 12 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA INCOME TAX, BY ADDING SECTION 12-6-5062, TO PROVIDE THAT TAXPAYERS MAY MAKE VOLUNTARY CONTRIBUTIONS TO THE GENERAL FUND OF THE STATE, TO PROVIDE THAT INCOME TAX FORMS MUST CONTAIN A DESIGNATION FOR THE CONTRIBUTION, TO PROVIDE THAT THE INSTRUCTIONS ACCOMPANYING THE INCOME TAX FORM MUST CONTAIN AN EXPLANATION OF HOW THE ADDITIONAL PAYMENT WILL BE USED, AND TO REQUIRE THE DEPARTMENT TO REPORT THE AMOUNT COLLECTED PURSUANT TO THIS SECTION.