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 House Judiciary Committee meeting on Wednesday to address the impeachment or censure of Gov. Mark Sanford was classic House. There were impassioned speeches, some ill-chosen remarks and after all that noise, little actually was accomplished.
It started out with debate over the impeachment resolution, which was passed unfavorably out of subcommittee last week. It didn’t go so well in full committee, falling to an 18-6 vote. Reps. Greg Delleney, Keith Kelly, Vida Miller, Todd Rutherford, Bakari Sellers and Seth Whipper went for it. Rutherford got rather animated in his evaluation of the subcommittee’s work, saying at one point, “We really are the idiots people make us out to be.” He also chimed in with, “We care more about striped bass than we do about this.” Some of his comments rankled Rep. Jim Harrison, who asked, and received, an apology.
The committee moved on to the censure resolution, which passed unanimously. Censure comes down in the gray middle between a genuine punishment and having to have something on the books that shows members of the General Assembly do not approve of what Sanford has been up to. Rep. James Smith said in an AP story, “A vote for censure is not an endorsement for the governor’s conduct. It’s quite the contrary.”
Speaker of the House Bobby Harrell, reflecting on the censure bill moving to the full House, said in a statement, “The Committee’s ruling to honor the recommendation from the subcommittee was the right decision. Our state’s Constitution sets a very high standard for removal from office. While this process revealed the Governor’s actions to be irresponsible, misguided and hypocritical, the evidence available did not reach the Constitutional level to remove the Governor from office.
“The censure resolution — a legislative decree condemning the Governor’s actions — will now move to the House floor. I expect the full House to quickly address this censure and move on to more pressing issues facing our state.
“While the Governor’s irresponsible actions did not meet the Constitutional definition for removal, they clearly warrant an official censure by the House of Representatives. In fact, the embarrassment and continued distraction caused by these actions should have warranted the Governor’s resignation from office — an action that I and an overwhelming majority of lawmakers urged the Governor to take in the best interest of our state months ago.”
Sanford isn’t totally off the hook. His suspected ethics violations are still subject to investigation and sanctions from the State Ethics Commission. However, getting a few fines levied on him isn’t likely to provide too much pain to the Governor, who has already seen his biggest punishment — the death of his political career — happen months ago.
The House ad-hoc subcommittee on impeachment did what was expected — voted down the resolution for the impeachment of Gov. Mark Sanford. There was a thought that it would get some Democratic support, or another Republican beside chief sponsor Rep. Greg Delleney, but the vote went 6-1 against. It seems to us that Democrats would like Sanford to kick around in the General Assembly and in next year’s elections, and that the other Republicans weren’t pissed off enough to throw the bastard out.
The panel did add more charges, and accepted stipulations from the Governor’s counsel that basically admitted everything that went down in June. But, perhaps lost in the mix is that all charges offered by the State Ethics Commission are still valid, and can be acted upon, even though the subcommittee gave an unfavorable report on the impeachment resolution.
The last session of the subcommittee went fairly quickly into the declarative speeches. Delleney started off with a little more information, discussing news stories from the summer, and the explanations for how they were voting was led off by Rep. Jim Harrison, who presided as chair. What follows are the relevant excerpts.
Rep. Jim Harrison
One thing is for certain: impeachment is not akin to recall. We cannot impeach for hypocrisy. We can’t impeach for arrogance. We can’t impeach an office holder for his lack of leadership skills. We cannot impeach a public official because the public has lost confidence in his ability to lead. The question for us is simple: has the Governor’s conduct, as we’ve heard, breached the constitutional standard?
Rep. Greg Delleney
There’s virtually no precedent for impeachment of a governor in South Carolina. Because, we do have a unique, one-of-a-kind standard that has never been used. The Governor’s lawyers in their memorandum point out correctly that no South Carolina governor has ever been impeached. They point out that only 16 governors have been impeached since the founding of this nation. But of those 16 governors who were impeached, only eight were removed. But, what they don’t tell us is how many governors, when faced with scandal, have the decency to resign. Like most recently, with Gov. Spitzer in New York. What they don’t tell us is how many governors have been recalled prior to the expiration of their term, like most recently, Gray Davis in California.
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What did he do? in June of ‘09 he came back, he confessed, and he wrote a check. It was an admission to a personal trip at state expense. And [Sanford's attorneys] want to say it was a mere coincidence. That’s insulting to intelligence, just as “hiking on the Appalachian Trail” was insulting intelligence of the people of South Carolina.
That standard of serious crimes, or serious misconduct, of course it is a high standard on purpose. The whole area of serious misconduct is, on its face, a very purposeful ambiguous term. And, I think it’s a term that gives this committee, or certainly gives the General Assembly, the leeway to set whatever that standard may be. To apply that standard on a case-by-case basis.
Ladies and gentlemen, this is a grave proceeding in which we are involved. This subcommittee is meeting to consider House bill 4168, introduced by Rep. Delleney, Rep. Mike Pitts, Rep. [Keith] Kelly and Rep. [Gary] Simrill. It reads, “To provide that pursuant to Article XV, Section 1, of the Constitution of South Carolina, 1895, the governor of South Carolina, the Hon. Marshall C. Sanford Jr., is impeached for serious misconduct in office.” The constitutional provision provides the House of Representatives, alone, will have the power of impeachment, of serious crimes, or serious misconduct in office. Officials elected on a statewide basis, state judges, and other statewide offices as may be designated by law. The first parameter is serious crimes — that is not germane or relevant to the mission of this impeachment panel, because there has been no showing of serious crimes. The issue before us is one of serious misconduct, which is at the heart of the deliberations we are involved in. If serious misconduct is involved, and it rises to the level of impeachment, that is a very, very grave matter. If simple misconduct is involved, it does not rise to the level of an impeachable offense. I would also like to add, in general, that the process for impeachment proceedings is almost, I should say is, is almost as important as the outcome of the impeachment proceedings. I would like to compliment, and thank, Chairman Harrison for the manner in which he has presided, and the manner in which he has guided the deliberations of this special impeachment committee. In my opinion, you have performed in an outstanding manner, and I for one, on behalf of the citizens of South Carolina, want to thank you for your style and achievements. We also heard earlier about Article IV, Section 11, which more or less says, “The lieutenant should have full authority to act in an emergency, in the case of disability of the governor, and in the event of the temporary absence of the governor from the state.” Now, sometimes we say things, which had a little likeness to a very, very grave situation. And, I’d like to simply say, that our governor is blessed with poor judgment. I regret to inform you of that, but we all know it. So, we consider, what is serious misconduct, what is a simple misconduct. We’ve discussed at length five aircraft trips on the state aircraft, five strictly personal, or strictly political, uses of the state aircraft. There is no doubt about the exercise of poor judgment which was involved in those five flights. I wish he hadn’t done it. I would only say that the guilt associated with them clearly does not rise to an impeachable level, and therefore do not constitute a serious misconduct. I should say those five are not serious misconduct. In the year 2008, we had the use of taxpayers’ funds to pay for airline tickets and accommodations for Gov. Sanford and a Department of Commerce staffer, from Cordoba, Argentina, to Buenos Aires, Argentina. The Governor conducted a series of official meetings with high-level people — the ambassador, the governor, the mayor of Buenos Aires, and that is also true that he wrote six thank-you notes to cover himself. But, the validity of the trip leaves much to be desired. And, it appears to be a personal agenda, of which were fully covered by appearances and thank-you notes. For the most part, the 2008 trip to Buenos Aires was a ruse for the conduct of personal activities that bore no relation to his official duties as governor. We now come to the issue of the adventure to Argentina in June of 2009. The issue here is there were three days when he was incommunicado. He was not in touch with representatives of the Governor’s Office for three days, namely Friday, June 19, Saturday, June 20 and Sunday, June 21. It’s also true that the Governor contacted his office on Monday, June 22. But, what happened in that weekend? Well, I can tell you. It was a very bland weekend. All eyes in our state, on our governor and where he was. He was kind of like a bride at a wedding. Or a corpse, at a funeral. All eyes on the Governor, and who could tell us where he was? And nobody was talking. He was the center of attention, and once again, I say that poor judgment was exercised in a rank and obvious fashion. So, my conclusion is, that while I am discontent about the conduct and behavior of our governor, in my mind it clearly does not constitute serious misconduct. Therefore, the issues I have discussed do not rise to the level of an impeachable offense. I would share the view of Mr. Weeks, it is a necessity that we keep the bar high for impeaching elected officials in our state because we have a duty to respect the wishes of those persons who are elected by the citizens of our state. I remember Gov. [John] West well, I remember a little bit about the West Committee. But, I would certainly like to thank former Gov. West — at that time, when he was chairman of that committee, he was lieutenant governor — and the members of the West Committee for setting forth a standard for this committee to consider, which would not allow us to conduct ourselves in an inappropriate manner. Because, as I said at the outset, the process for an impeachment proceeding is equally as important the outcome of the impeachment proceeding. When this House resolution, 4168, is ready for a vote, I intend to vote against it.
Basic civics teaches us that our checks-and-balances system hinges upon co-equal branches of government. And, the very process of impeachment that we are about today, is the infringement of the legislative branch sitting in judgment of the executive branch. I think the Founding Fathers also got it right, as well as the West Commission, when they put together a standard that is high for the impeachment of a duly-elected official. That standard being, serious crimes, serious misconduct.
While it could be made fun of, much like the Tebow tears, Horne’s obvious care for the governance of our state should be lauded. Many people, of which we include ourselves, are deeply cynical of politics and government. We give Rep. Horne some well-deserved propers.
I have spent hours reading thousands of pages of documents, listening to the arguments of counsel, reviewing witness affidavits, and analyzing the South Carolina Constitution and the laws of this state. I wanted the other members of this impeachment subcommittee of the House Judiciary Committee to have been appointed to undertake this historic and monumental task. Considering the impeachment of South Carolina’s 115th governor, Marshall C. Sanford Jr., I take this task very seriously and I have given this situation the utmost thoughtful and prayerful consideration.
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The Governor’s conduct was not that of a true statesman, or even a gentleman for that matter. My job on this committee is not to sit here in moral judgment of the Governor, which rests solely with his Creator. His fall from grace is indeed tragic, and as a wife and a mother, I feel great sympathy for Mrs. Sanford and their four children.
It became abundantly clear during the evidentiary — when we were receiving the information with respect to that [2008 Argentina] trip, that it was nothing but a ruse. It was nothing but a way to use his power with the Office of Governor to get to this area of the country, for a personal purpose. Any effort to engage in efforts on behalf of the state was clearly one to hide that fact. That, in and of itself, is a clear abuse of power.
There you have it. Most members of the committee thought Sanford acted like a college sophomore on Spring Break, but didn’t think it rose to an impeachable standard. Here’s a surprise, Harrison’s prefiled bill to censure Sanford subsequently passed unanimously. Maybe it’s just our cynicism again, but it looks like that old General Assembly shell game was in effect — the decision was made way before the legislators appeared in public. Sanford should get a worse punishment than a disapproving slap with no real repercussions, but that’s where we’re at right now. Hopefully, he’ll just lose his family, be disgraced and never show his head in politics again.
After the vote, there was the postgame commentary.
Speaker of the House Bobby Harrell
First of all, I would like to thank each member of the subcommittee for taking time away from their family and job during this busy holiday season to meet and investigate this matter. With the regular legislative session beginning next month, it is important that we fully investigate and properly address this issue in a timely manner so that we can begin the session working on the issues South Carolinians care about the most.
The subcommittee has held four hearings, reviewed all the information from the State Ethics Commission’s investigative report, taken testimony, made follow-up inquiries and debated the issues. They have conducted a thorough investigation into any possible serious crimes or serious misconduct committed by our state’s highest elected official.
I agree with the majority opinion reached by the subcommittee. The threshold for removal from office is a very high standard, and from the evidence made available to them, it does not appear that the Governor’s actions have met that threshold for removal from office. While his actions were clearly revealed to be irresponsible, misguided and hypocritical, the subcommittee found that they did not reach the constitutional definition of serious crimes or serious misconduct necessary to remove the Governor from office.
I also agree with the subcommittee’s decision to favorably pass a censure resolution today. The Governor’s actions brought great shame upon himself, his office, our state government and our citizens. This entire situation – the multiple investigations, court cases and media barrage – could have been easily avoided if the Governor had acted in the best interest of our state and resigned from office, as I and a majority of lawmakers urged him to do months ago. Instead, the Governor insisted on remaining in office despite the embarrassment and distraction he has brought to our state. A legislative decree condemning the Governor’s irresponsible actions is absolutely warranted.
Whether the Governor’s actions require punishment by the State Ethics Commission or criminal prosecution in a court of law is not a determination that can be made by this legislative body. The South Carolina Constitution only gives the Legislature prosecutorial authority over matters related to the removal from office, and that is where the scope of this investigation begins and ends for the House.
The proper procedure needs to be followed for this investigation to be completed and some level of closure brought to this matter. For that to happen, the full Judiciary Committee needs to meet, consider all the facts, debate the issues and rule on the subcommittee’s recommendation. After this process is complete, the General Assembly can turn its full attention to addressing the major issues of the approaching legislative session.
S.C. Democratic Party Chairwoman Carol Fowler
Gov. Sanford certainly deserved the stinging rebuke he got from the House subcommittee. But far more important than his trip to Argentina is that neither he nor the Republicans in the House and Senate seem able to do anything to move this state forward. South Carolinians have long since given up on Sanford’s failed governorship; the best we can hope for is that he won’t cause our state any more embarrassment in the remaining months of his term.
Sanford
In light of the ad-hoc committee wrapping up its work today, I would like to make several points. One, I’d like to thank the committee for its work, and for their deliberate and measured approach throughout the process.
Two, we agree with the committee’s dismissal of 32 of the 37 ethics allegations. From the beginning I acknowledged my moral failing, and I apologized repeatedly. But in the same breath I said, as real as that was, what has been suggested with regard to supposedly not watching out for the taxpayer was just not correct; and that if there had been any oversight, it was minor and technical in nature. We are confident that the remaining five allegations will be dismissed just as the 32 were, because we have consistently tried to be true to the taxpayer. This has not changed, and it will not change.
Three, I want to thank the people of this state for their kindness and grace. I was encouraged repeatedly in traveling across the state over the last several months by countless people telling me to “hang in there,” and “finish strong.” The people of South Carolina have given me great strength in this adversity I’ve created for myself, and I want to again thank them for it. [ed. note: Because cheating on your wife should mean you deserve sympathy. Asshole.]
It’s my intention to finish strong focusing on the economic challenges facing our state — just as we’ve seen with Boeing’s record-setting announcement a month ago, with Crane Company announcing 1,000 new jobs in Barnwell County a couple of weeks ago, or with Red Ventures, where I was earlier today, announcing 1,000 jobs in Lancaster County. I’ll also be focused on real opportunities for reform on the legislative front in making South Carolina more competitive in the global competition for jobs, investment and way of life. We’d ask that people from all corners of the state make their voices heard on this front.
Today, the ad-hoc House committee on the impeachment of Gov. Mark Sanford had its first meeting to discuss the resolution put forward by Rep. Greg Delleney and set the plan for which the committee will discuss the issue and formulate a report.
Speaker of the House Bobby Harrell led off the proceedings by saying, “Removal from office is a very serious issue, and it is something that neither the Judiciary Committee nor the House takes lightly. The Committee members will give full consideration to all the facts in this case and will make an informed recommendation that reflects our state’s Constitution.
The amount of information we have to consider in this case is massive. I’m pleased and encouraged by the members’ willingness to conduct their work deliberatively so that we can properly address this issue and move our state forward. When we start the new Legislative session in January, we need to be fully prepared to begin working on the issues South Carolinians care about the most. Putting our citizens back to work needs to be our primary focus.”
From there, the talk was limited to the impeachment resolution, as the members had only just received the 1,000-plus word full report from the State Ethics Commission regarding misuse of state aircraft, improper seating upgrades on commercial aircraft and misuse of campaign funds. Rep. James Smith, in this light, made a motion, which was passed, to open up the SEC allegations to the investigative purview of the committee.
Beyond that, the main bone of contention was the position of Sanford as the commander-in-chief of, according to the S.C. Constitution, the military forces of the state. Delleney’s statement kicked things off, using military-style language.
“The Governor intentionally and clandestinely evaded South Carolina Law Enforcement Division agents assigned to secure his safety, in order to affect his absence from the state,” he said. “And, that conduct alone constitutes a dereliction of duty. He left his post, he left his state, he left his country without notifying anyone in authority. He was, in effect, AWOL.”
Rep. Walt McLeod, who looks to be against the resolution, said, “It’s a little shrill for a civilian to hear the comments made. As far as I know, I, at this time, nor the Governor, are members of a military organization. And, to speak about dereliction of duty, absent without leave, abandoning one’s post, are terms that are ordinarily reserved for those who are in uniform, and who are not civilian citizens of our state and nation.”
However, Smith, well-known for his service in Afghanistan, backed up the language, remarking that the words used were analogous to the Uniform Code of Military Justice.
“The commander-in-chief, I believe, should not be judged at a lesser standard than the soldiers and the airmen with whom he commands,” he said. “And, I think the analogy that was provided by Rep. Delleney is an appropriate one. We’re not trying him according to the UCMJ, this is not a trial. This is an impeachment process pursuant to the Constitution and the standard that we set is going to be an important one.”
Ultimately, nothing was settled on that matter, as of yet. It’s more expected that the committee won’t make a decision on what to do on any number of matters until the end of its meetings. Chairman Jim Harrison laid out a general idea of what is up ahead.
“It is my hope that we can complete our work, for the full Judiciary Committee to take up our report prior to Christmas,” he said. “This would enable full House debate on the issue, if it rises to that level, as soon in the legislative session as possible.”
There are three more meetings in the offing, set for the first week of December, each at 10:30 a.m. in Room 101 of the Blatt Building. They’re slotted for Dec. 1, Dec. 3 and Dec. 7. At the Dec. 3 meeting, the members will consider Sanford’s alleged violations of ethics law as it pertains to his air travel.
Image courtesy of the House Republican Caucus.
It’s Impeachment Meeting Eve. Fired up and ready to go? They’re getting the logistics nailed down, and it’s looking like it’s going to be a crowded affair. Rep. Jim Harrison will be chairing the committee, and will be joined by Reps. Greg Delleney, Walt McLeod, James Smith, David Weeks, Garry Smith and Jenny Horne.
There’s an expected large media contingent coming, so there will be a specific area for credentialed media, and news photographers will be given general free reign as long as they don’t interrupt the proceedings. However, the only video camera in the room will be from ETV, which is good news, since video cameras and their peripherals tend to take up a lot of room.
If you’re interested, it’ll be at 1 p.m. Tuesday in Room 101 of the Blatt Building. It’s advised to show up early — it’ll probably fill up quickly.
Gov. Mark Sanford’s getting his neck stretched over the tree stump as legislators will be meeting next week in what’s called an ad-hoc committee to consider impeachment. Local Rep. Jim Harrison will be chairing it, according to Rep. Alan Clemmons and the Associated Press.
After a couple months of it looking like impeachment momentum had hit a wall, having this committee meet and discuss removing one of the least effective governors of this state seems to point to the gears spinning again toward removing Sanford. According to the AP, “The meeting is to take up the issue at the heart of an impeachment resolution that four Republicans filed this week. It says Sanford left no one in charge of the state, a dereliction of duty, while he ‘directed members of his staff in a manner that caused them to deceive and mislead the public officials’ about where he was. His staff told reporters he was hiking the Appalachian Trail.”
Per Clemmons, the committee includes Harrison, Reps. Greg Delleney, Walt McLeod, James Smith, David Weeks, Garry Smith and Jenny Horne.
While the AP is nailing Gov. Mark Sanford to the wall with facts (something he hasn’t been too friendly with over the years), his lame duck session of the General Assembly next year may be shorter than expected. House Judiciary Committee chairman Jim Harrison said Thursday that articles of impeachment may well come out of his committee when the legislature reconvenes.
Last week, Rep. Boyd Brown said there was a bipartisan consensus on the committee to pool together enough votes to send the legislation to the floor. At that time, Harrison said he hadn’t spoken to committee members yet, but told CNN, “If things are going to continue to dribble out every week with new allegations of misuse of state property, it may reach the point of impeachment pretty quickly.”
Brown added, “The Republicans are on this as much as Democrats. This thing’s going to get nasty come January if he doesn’t clear his name between now and then or resign.”
At the time, Speaker of the House Bobby Harrell said the best course of action would be to wait until the end of an investigation by the State Ethics Commission to consider the findings and determine what to do next. However, unless the Governor waives confidentiality, we won’t know if there is an investigation or not.
This week, Democratic gubernatorial candidate Mullins McLeod launched an online petition to suggest to Sanford that he should resign. While comments have gone back and forth saying it was just a way to bolster his email list, McLeod upped the ante Friday saying that he would hand-deliver the petition to the Governor in person.
“I launched a petition calling for Governor Sanford’s resignation because I believed he could no longer lead the state. Today’s news confirms it. He has misused his office, misused tax payer money, and now we learn he has been taking valuable gifts under the table. It appears he’s committed a serious crime. For the good of this state, Governor Sanford should resign immediately,” McLeod said in an emailed statement.
Sometimes we wish the United States had the same laws on gambling as the United Kingdom. Heading down to the local betting hut to watch the odds on what date Lt. Gov. Andre Bauer moves on up to the top spot before Election Day would be fun.
TUESDAY
Last Tuesday, Rep. Herb Kirsh introduced a bill to establish a coyote trapping season from Thanksgiving Day through March 1 of the following year. Not to be outdone, Rep. Jimmy Bales put forth a bill on Tuesday of this week outlining a comprehensive number of regulations and amendments relating to the trapping of coyotes, which Wolfe Reports did not know existed in the Palmetto State.
Bales’ bill does a number of things, including:
- Exempts kids under 16 who have passed a trapping course from state licensing requirements
- Defines a coyote as a “furbearing animal”
- Allows a trapper to visit a trap at night
- Permits baited and scented body-gripping traps
- Exempts Native Americans from needing a fur possessor’s license
- Allows trapping season to exceed 61 days
Both bills have been referred to the House Agriculture, Natural Resources and Environmental Affairs Committee.
Rep. Gilda Cobb-Hunter introduced a resolution, which was adopted, to express the sorrow of the House on the passing of South Carolina native Eartha Kitt.
Speaker of the House Bobby Harrell, among others, introduced a bill to ensure the General Assembly adjourned on the first Thursday in May instead of the first Thursday in June.
Rep. Jim Harrison introduced a bill regarding beer keg registration requirements, so as to define “keg.” When the bill was read for the first time, Harrell, chuckling, referred it to the House Judiciary Committee. An unidentified legislator then remarked, “That’s a good place for it.”
Rep. Grady Brown once again plugged his DJ gig at Rust. To be sure, Wolfe Reports will be on hand Feb. 10 for the next platter spinning at the Vista establishment.
“Once again, I would like to remind you, tonight from 7 to 11, we’re going to be at Rust in the Vista, right behind the Motor Supply. We’ll be there from 7 p.m. to 11 p.m,” Brown said. “My son Chip and I are going to be playing beach music, rhythm and blues. If you like good music, like to dance — they have libations and hors d’oeuvres — come on by. It’s called Rust. R-U-S-T, right behind the Motor Supply, which is down Gervais, that way, just a little bit. It’s in the Vista, Gervais Street, Whit-Ash is on the right, if you look across the street from Whit-Ash, it’s in the back. Rust.”
Sen. Phil Leventis introduced a bill to establish early voting centers and to allow a registered voter in a county to vote outside their precinct for early voting.
Sen. Mick Mulvaney, and others, introduced a bill to phase out the state corporate income tax over 10 years.
On the motion of Sen. Larry Martin, Sen. Glenn McConnell’s bill on spending caps was carried over.
WEDNESDAY
Rep. Jeff Duncan invited members of the General Assembly to play a pickup game of basketball at the Strom Thurmond Wellness and Fitness Center in anticipation of a game against North Carolina legislators.
“I have talked with the North Carolina legislature, and we are working on some dates to have a game, for them to come down to South Carolina and play,” he said. “It builds good interstate camaraderie, and I’m looking forward to it.”
Speaker Pro Tem Harry Cato, who was presiding on the day, said, “Thank you, Mr, Duncan. You’re right — it’s a lot of fun, but some of us are a little too old to do that now.”
The payday lending bill, chief sponsored by Harrell, was reported favorably out of committee and ordered for consideration on Thursday. The next day, the bill was put on the contested calendar.
Sen. Shane Martin introduced a bill to make it legal to bring a firearm onto school grounds and into establishments that sell alcohol as long as the person has a valid concealed carry permit.
“I’m not trying to bring firearms inside the school,” Martin said to The Herald-Journal. “You don’t need to carry it inside the school. But I’ve had teachers tell me they can’t exercise their rights traveling to and from school. They ought to be able to travel to school without having to leave their weapon.”
THURSDAY
House Ways and Means chairman Dan Cooper announced the meeting of the full Ways and Means Committee.
“I just wanted to let you know that the full Ways and Means Committee will meet at 10 a.m. on Tuesday to begin taking up the budget,” he said. “So, that means all you committee members — Ms. Cobb-Hunter — need to be here at 9:45 Tuesday morning. Not just you [looking at the former House Minority Leader], everybody else on the committee too. The rest of you are welcome to come sit in.”
As his bill on election ballot reform was read, Rep. Alan Clemmons asked that the bill be delayed 24 hours on a point of order.
Referring to the resolution inviting the American Legion national commander to speak to a joint assembly, Harrison said, “Mr. Speaker, could I amend the motion to say that if you vote green and if you’re not present for the speech, you lose your per diem for that day?” Laughter ensued.
Thursday, members of the House moved forward on two bills to amplify South Carolina’s regulations on access to abortions, already considered some of the toughest laws in the country.
Both bills, H. 3245, and H. 3342, were introduced by Rep. Greg Delleney. The former was reported favorably out of the House Judiciary Committee on Wednesday and sent to the floor, where it was moved from consideration to Tuesday by a 24-hour point of order by Rep. Gilda Cobb-Hunter. The bill, among other things, would require that a woman wait 24 hours after viewing an ultrasound before going forward with the procedure.
“That is something that is very important to me, and I am very excited that we were able to bring the bill up,” Rep. Wendy Nanney, a cosponsor, said to SC Hotline. “It passed out of subcommittee, and yesterday was the full committee hearing. Several people spoke for and against the bill, so when I had the opportunity, as a mother of five, I expressed my appreciation for the bill, and as a mother and as a woman, once you view an ultrasound, it does change your opinion. I felt like the starting point for the 24 hours was when a woman viewed the ultrasound.”
The debate on the bill in committee got contentious at times, especially during consideration of Rep. Todd Rutherford’s amendment to provide an exception for rape. According to the Greenville News, Rep. Doug Jennings said that he couldn’t imagine having a woman “suffer further horror and trauma by forcing to wait 24 hours as a victim before she makes a decision to end the pregnancy.”
The lead editorial in Thursday’s The Herald echoed Jennings’ concerns.
“The waiting period is medically unnecessary. While it could prevent some women from making a rash decision they might regret later, is that really the responsibility of the Legislature? This bill demeans women, suggesting that they are not fully capable of making rational decisions without the help of state lawmakers. While the bill doesn’t block women from getting an abortion, it clearly is designed to impede them. As such, we think it is unnecessary, particularly in the case of rape victims.”
Nanney, though, said that the waiting period is still important, even in that case.
“Even in the case of a rape, while that is horrible and tragic, and as a woman, being that defiled is horrible, there’s still another human life involved,” she said. “It still does not hurt to pause and wait 24 hours to consider that human life.”
The amendment failed, on a 14-11 vote to table.
The latter measure, known as the “born alive” bill, was reported favorably out of Delleney’s subcommittee Thursday morning and is headed to the full Judiciary Committee.
The bill defines that a fetus delivered with a beating heart and breathing during a botched abortion would be considered born alive and legally deserving of life saving treatment.
A third bill, H. 3198, also has Delleney as the chief sponsor, but there has not been any action on it yet. It requires that the woman be told the probable gestational age of the embryo or fetus, and that the physician providing the ultrasound, upon request, must show the patient the ultrasound and provide an explanation of the images, including organs and external members.
