It's Wednesday, Jan. 21.
You're reading the The State House Gavel, your daily reporter notebook by Maayan Schechter and Gavin Jackson that previews and captures what goes on at the South Carolina Statehouse.
The Senate gavels in at 1 p.m. The House returns at 2 p.m.
The Senate is expected to return back to debate on S. 52, legislation filed by Sen. Tom Davis, R-Beaufort, that leaders say will strengthen the state's laws concerning driving under the influence and toughen penalties. The upper chamber started debate on the bill Tuesday, exposing some of the rifts over the bill within the chamber. A handful of Senate Democrats told us they like the goal of the bill, but not so much in its current form. So, we're told to expect debate around amendments to the bill. Thursday may be a lighter day on the floor.
And the House has yet to undergo a lengthy floor debate so far in Week 2. As we've pointed out, much of the work has been located in committee hearing rooms on several high-profile, even controversial bills. We're told not to expect much action on the floor this week. But one thing the lower chamber will do on the floor is hold its election for the next chaplain to replace retired Chaplain Charles Seastrunk, who held the elected role for over two decades.
Notebook highlights:
- Earmarks are back
- Legislation that impacts income and property taxes flies through Senate Finance Committee
- House lawmakers take quick action on expansion of bathroom use
The return of the earmark
If you caught Tuesday's Gavel, you know that House Ways and Means Committee Chairman Bruce Bannister shared the news with us that earmarks are returning to the budget this year.
That has now been confirmed by Senate Finance Committee Chairman Harvey Peeler, the Cherokee Republican who swore off earmarks last year.
“In some form (earmarks will return),” Peeler told us and other reporters Tuesday. “But nothing like it was before.”
Earmark transparency — legislators call them "community investments" — have been a focus of debate in the Statehouse for the last several years.
The process? Both chambers have done it differently over the years, but simply put, legislators request money for projects back home in their districts and the money gets divvied out and local governments and nonprofits get revenue from the state that otherwise they may not have received.
There's been particular attention and discussion around the merit of nonprofit recipients and both Bannister and Peeler indicated that nonprofits are likely excluded from this year's spending.
Echoing Bannister, Peeler said part of the ongoing conversation is having the earmarks flow through agencies, which, they say, can better ensure its accountability.
So, what changed Peeler's mind?
In part, he said the push by communities for more investment and "dealing with the House."
Senate budget writers advance tax bills
Sticking with the Senate and money, the Senate Finance Committee on Tuesday advanced two big tax-related bills, dealing with the state's income tax and property taxes for older South Carolinians.
First, the committee in a 19-2 vote approved an expansion of the homestead exemption property tax — S. 768, filed by Peeler — but amended the legislation slightly to respond to the growing influx of older South Carolina residents.
The amended bill would keep the age at 65, not 60 as originally intended, and would increase the exemption to $150,000.
Under the changes, the proposal would also include a five-year residency requirement but grandfather in anyone already living in the state.
The original bill version cost $245 million.
The new one? Nearly $260 million.
At the same time, Senate budget writers in a 20-1 vote approved H. 4216, an income tax bill filed by Bannister, that would lower the top rate of 6% down to 5.39%.
The bill would also slap a 1.99% rate on income up to $30,000.
It eliminates the federal standard and itemized deductions. And it includes a measure that if enough revenue continues to come into the state, then the rate would flatten to 1.99%, then phase out completely.
Under the plan, about 24% of filers could expect an increase.
The "biggest thing in this bill, we get to go from taxing off federal income to adjusted growth," said Sen. Ross Turner, R-Greenville.
House Republican leaders' stated goal?
Make every taxpayer — many don't pay income taxes currently — pay something, what critics of the legislation have argued will hike taxes on mainly low-income people.
"Despite what some may tell you, we have never found a way to make sure that nobody sees a tax increase because of the flip from taxable income to AGI," Quentin Hawkins, chief of staff for the Senate Finance Committee, said during the meeting.
Hawkins added staff could not figure out a way, even with a flush of money, to eliminate increases altogether.
Between both bills, it will cost the state more than $370 million in annual dollars the state is bringing in now.
Both bills head to the Senate floor.
If the Senate passes the income tax as is, the bill will head straight to the governor, who supports the plan.
What else did the Senate Finance Committee do?
- The committee agreed to carry over and continue work on a bill to further expand the Heritage Act, a 2000 law that protects certain American war, Native American and African American memorials and statues.
- The committee approved a bill to restore the $1,000-a-month payout lawmakers receive for in-district expenses. Last year, committee member Sen. Wes Climer, R-York, sued the Legislature over an attempt to raise that amount to $2,500 per month. The state Supreme Court agreed the raise was unconstitutional and threw it out, but threw out the in-district expense pay altogether.
Sen. Ronnie Cromer, R-Newberry, asked that it be noted for the record Climer voted on Tuesday to restore the in-district pay.
"Leave a tender moment alone," Peeler quipped, pausing before adding, "but he did vote in favor of it."
House aims to codify, expand 'bathroom bill'
The House Judiciary Committee on Tuesday advanced the bathroom ban bill — H. 4576, filed by Rep. Tommy Pope, R-York — to the floor along a party line vote.
The bill codifies and expands a 2024 budget proviso that requires students use bathrooms, locker rooms and changing facilities at public schools and facilities, such as Williams Brice Stadium, that correspond to a person’s sex assigned at birth.
Opponents of the bill say it'll be difficult to enforce such a measure and only lead to more harassment and challenging situations for people who are transgender. Proponents say it’s a simple matter of protecting private, vulnerable spaces.
The proviso was previously challenged by a Berkeley County student and the case is still under review by the Fourth Circuit Court of Appeals that granted an injunction last fall. The student has since switched to online learning due to harassment.
A similar case, Grimm vs. Gloucester County School Board, was found in violation of Title IX and the Equal Protection Clause.
The U.S. Supreme Court let the ruling stand.
Meanwhile, the House Judiciary Committee is expected to debate an abortion-inducing medication bill — H.4760, filed by Judiciary Chairman Weston Newton, R-Beaufort — today.
The bill reclassifies drugs such as mifepristone and misoprostol as a Schedule IV controlled substance, and makes it a felony to illegally obtain either without a prescription.
It is already illegal to prescribe the medication via telehealth.
Daily Statehouse planner (1/21)
SC House
- 9 a.m. — Gressette 207 — 1st Judicial Circuit Legislative Delegation
Agenda - 9 a.m. — Blatt 516 — Judiciary Criminal Laws Subcommittee on 405, 3774, 4720
Agenda
Live Broadcast
Live Broadcast - Audio Only - 9 a.m. — Blatt 410 — Health and Healthcare Industries Subcommittee of House Regulations, Administrative Procedures, Artificial Intelligence and Cybersecurity Committee
Agenda
Live Broadcast
Live Broadcast - Audio Only - 9:30 a.m. — Blatt 321 — Higher Education Subcommittee of the House Ways and Means Committee
Agenda
Live Broadcast
Live Broadcast - Audio Only - 10 a.m. or chair's call — Blatt 215 — Constitutional Subcommittee Meeting of the House Ways and Means Committee
Agenda
Live Broadcast
Live Broadcast - Audio Only - 10 a.m. — Blatt 108 — Healthcare Subcommittee of the House Ways and Means Committee
Agenda
Live Broadcast
Live Broadcast - Audio Only - 10 a.m. — Blatt 110 — Criminal Justice Budget Subcommittee of the House Ways and Means Committee
Agenda
Live Broadcast
Live Broadcast - Audio Only - 10 a.m. — Blatt 521 — Public Education and Special Schools Subcommittee of the House Ways and Means Committee
Agenda
Live Broadcast
Live Broadcast - Audio Only - 10 a.m. — Blatt 516 — Judiciary Constitutional Laws Subcommittee on 4758, 4759
Agenda
Live Broadcast
Live Broadcast - Audio Only - 10 a.m. — Blatt 317 — Transportation and Regulatory Budget Subcommittee of the House Ways and Means Committee
Agenda
Live Broadcast
Live Broadcast - Audio Only - 11 a.m. — Blatt 403 — LCI Banking and Insurance Subcommittee
Agenda Available
Live Broadcast
Live Broadcast - Audio Only - 11 a.m. or chair's call — Blatt 427 — Economic Development Budget Subcommittee of the House Ways and Means Committee
Agenda
Live Broadcast
Live Broadcast - Audio Only - Noon — Blatt 110 — Judiciary Constitutional Laws Subcommittee on 38, 3310, 3643, 4669
Agenda
Live Broadcast
Live Broadcast - Audio Only - 12:15 p.m. — Blatt 516 — Judiciary Domestic Relations, Business and Probate Law Subcommittee on 415, 477, 4145, 4762
Agenda
Live Broadcast
Live Broadcast - Audio Only - 1 p.m. — Blatt 427 — 3M Military and Veterans Affairs on 4586
Agenda
Live Broadcast
Live Broadcast - Audio Only - 1:30 p.m. — Blatt 215 — House Rules Committee
Agenda - 2 p.m. — House in session
Live Broadcast
Live Broadcast - Audio Only - 30 minutes after House adjourns — Blatt 110 — Judiciary Full Committee on 415, 477, 4145, 4756, 4760, 4762
Agenda
Live Broadcast
Live Broadcast - Audio Only
SC Senate
- 9 a.m. — Gressette 207 — 1st Judicial Circuit Legislative Delegation
Agenda - 10 a.m. — Gressette 105 — Conversation with Conservationists
Agenda
Live Broadcast
Live Broadcast - Audio Only - 10 a.m. — Gressette 209 — Senate Education Subcommittee on 70, 4257, 4339
Agenda
Live Broadcast
Live Broadcast - Audio Only - 10 a.m. — Gressette 408 — LCI Special Subcommittee
Agenda - 10 a.m. — Gressette 308 — Senate Medical Affairs Subcommittee
Agenda
Live Broadcast
Live Broadcast - Audio Only - 11 a.m. — Gressette 308 — Senate Transportation Full Committee
Agenda
Live Broadcast
Live Broadcast - Audio Only - 1 p.m. — Senate in session
Live Broadcast
Live Broadcast - Audio Only
Clips from around the state
- SC promised to spend $1.3B for Scout. The package got more expensive. Here’s why (The State)
- SC Rep. Crawford proposes naming future I-73 'President Donald J. Trump Highway' (WPDE)
- South Carolina lawmakers clash over proposed changes to primary voting system (WCIV)
- Indiana woman agrees to plead guilty to threatening US Rep. Nancy Mace (Post and Courier)
- Top-tier cancer hospital expected to add to MUSC Health’s growing debt (SC Daily Gazette)
- South Carolina lawmakers debate bill to toughen DUI penalties, close loopholes (WIS)
- Navy veteran announces run to represent SC’s First Congressional District (WCSC)
- SC senators make moves to reinstate monthly allowance, but not a pay raise (SC Daily Gazette)
- SC Human Affairs Commission names new director (WIS)