It's Tuesday, Feb. 17.
The House and Senate gavel in at noon.
We hope everyone had a relaxing and uneventful three-day weekend. Because Week 6 is setting out to be a long week. We're simply the messenger.
You're reading 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.
Notebook highlights:
- Why the push to impeach a Midlands-area solicitor
- What's on the Week 6 agenda
- Statehouse Democratic leaders explain strategy in last year of the two-year session
Why some lawmakers want to impeach a Dem solicitor
A South Carolina House Judiciary subcommittee will hold a hearing this morning on a proposed resolution seeking to impeach 5th Circuit Solicitor Byron Gipson, whose circuit covers Kershaw and Richland counties.
The House resolution — H. 4564 — is sponsored by Berkeley Republican Representative Jordan Pace, chairman of the chamber's hardline conservative House Freedom Caucus.
Under normal procedure, whether a bill is granted a public hearing for committee consideration is within the sole discretion of the respective committee chairman. However, Pace invoked House Rule 4.6, the agenda states, which requires a bill or resolution be put on a committee agenda after the chief sponsor requests it. That doesn't mean the legislation will necessarily move forward, and a strategy of attempting an end-around a committee chairman usually means these bills are dead on arrival.
But SC Public Radio has been told that the resolution will at least get some discussion in the subcommittee.
Pace's proposal, which has three cosponsors — all three are Republicans and also members of the Freedom Caucus — would direct the House Judiciary Committee to start an immediate inquiry as to whether, under the state Constitution, Gipson should be impeached for alleged serious misconduct in office.
"That the Judiciary Committee of the House of Representatives is directed to undertake an immediate inquiry as to whether or not under Section 1, Article XV, of the Constitution of this State, the Fifth Circuit Solicitor, Byron Gipson, should be impeached for serious misconduct in office including, but not limited to, dereliction of duty and breach of the public trust by engaging in the disposition of an inmate's sentence, doing so without properly notifying the crime victim's family members, having the inmate's sentence reduced by sixteen years or more in an order kept from public inspection, and mishandling this and other criminal dispositions. If by clear and convincing evidence sufficient grounds are found, the Judiciary Committee shall report articles of impeachment to the floor of the House of Representatives."
For background: The inquiry is specifically about a 2023 matter, when convicted murderer Jeriod Price was released 16 years early from prison. Price was serving a 35-year prison sentence for the 2002 murder of Carl Smalls Jr. After assisting law enforcement in another case, the law allowed Price's sentence to be reduced and he was released early — an agreement signed out of public view by Gipson, the prosecutor, Price's attorney, state Democratic lawmaker Todd Rutherford of Richland and then-Judge Casey Manning. No formal public hearings were held, and Smalls's parents were left in the dark. The state Supreme Court later revoked that deal, ultimately sending Price back to prison.
While the impeachment inquiry is about the Price case, Gipson's critics have also seized on the high-profile case of Logan Federico, a 22 year-old from North Carolina, who was shot and killed last year inside of a Columbia home while visiting friends.
Federico's father, Steve, has called for federal prosecutors to take over the case. And, in October, Republican Attorney General Alan Wilson, who is also running for governor, called on Gipson to seek the death penalty.
Gipson issued a letter in response, saying his office would continue "an honest and open dialogue with the Federico family."
So, what now?
Back at the Statehouse, the big question is can the Legislature impeach an elected solicitor? Even lawmakers aren't clear.
That's a question the House Judiciary subcommittee could try to answer on Tuesday, when it meets at 9 a.m. (You can watch a livestream here.)
Pace told SC Public Radio on Monday holding solicitors accountable for alleged bad behavior is worth the effort, even if it has not been done before and it opens Pandora's Box over other solicitors.
Pace's House resolution is not the only proposal on the agenda.
The same subcommittee will take up H. 5133, sponsored by Rep. Robby Robbins, R-Dorchester, that would set up a special eight-member commission to make recommendations to the governor over the discipline, removal or involuntary retirement of a circuit solicitor.
Should the governor agree to remove or push a solicitor to retire, the bill states that person would be unable to run for solicitor for a period of 10 years from their exit.
The bill is cosponsored by York Republican Rep. Tommy Pope, a former solicitor.
What's on tap for Week 6?
Week 6 is shaping up to be one of the most important weeks on the South Carolina legislative calendar.
First, the House Ways and Means budget-writing committee will finalize its version of the $14 billion state budget plan. On the floor, the House is expected to debate:
- H. 3477: Sponsored by Rep. Micah Caskey, R-Lexington, the legislation would change the calculation of how much money beneficiaries can get through unemployment insurance benefits.
- H. 4757: Sponsored by Rep. Tommy Pope, R-York, the bill creates the so-called Parental Rights Act, an outline of a framework so to speak of a parent's role in the education, health care and mental health care of their child, or under the age of 18. Included in the proposal, the bill says, without state interference, that parents can make and consent to all physical and mental health care decisions for the child, review all health records of their child, and review all written and electronic education records controlled or in possession by a "local education agency."
And the Senate will continue to work through, or wrap up, debate over legislation — S. 768 — that would expand homestead exemption property taxes for anyone 65 and older, which carries a more than $258 million price tag.
We break down takeaways from the Week 6 schedule.
Let's start with some House highlights.
- Tuesday
- The full House Ways and Means Committee meets at 10 a.m. to start finalizing the state budget, starting with provisos, or one-year budget attachments.
- The full House Education and Public Works Committee will meet at 10:30 a.m. to discuss two bills. The first is H. 4739, sponsored by Rep. Tim McGinnis, R-Horry, that requires colleges and universities to implement a safety plan for all new students. The second bill — H. 4163, sponsored by committee Chair Shannon Erickson, R-Beaufort — creates a state high school athletic association to oversee high school athletic programs, and covers appeals and students who are enrolled in private school, home school or are transfer students.
- In the afternoon, the House Agriculture, Natural Resources, and Environmental Affairs Committee will decide whether to advance three bills, including S. 383, sponsored by Sen. Tom Davis, R-Beaufort, declaring the Prothonotary Warble the official state migratory bird.
- A House Judiciary subcommittee meets at 3 p.m. on H. 4764, sponsored by Rep. Travis Moore, R-Spartanburg, requiring police departments to enter into agreements with federal immigration enforcement agencies. Law enforcement agencies that do not comply would face penalties, including oversight review.
- Wednesday
- In the morning, a Banking and Insurance subcommittee will decide whether to advance three bills. That includes H. 3227, sponsored by Rep. Gil Gatch, R-Dorchester, requiring insurance companies to offer coverage for any loss or damage connected to an earthquake. This bill, and a handful of others, will go before a full Labor, Commerce and Industry Committee hearing Thursday morning.
- Thursday
- A panel of the Medical, Military, Public and Municipal Affairs Committee will meet at 9 a.m. to consider H. 4050, sponsored by Rep. Spencer Wetmore, D-Charleston, that outlines how a municipality or county can condition "land development activities" on "public facility and service adequacy" to ensure both can support any development.
Now onto Senate highlights.
- Tuesday
- Beaufort Republican Sen. Tom Davis's S. 867, creating the "Data Center Development Act," will get another hearing by the chamber's Agriculture and Natural Resources Subcommittee at 9 a.m. The bill in large part creates a framework for data center builds in South Carolina, including where they can be developed and what standards data centers must apply.
- The Senate Finance subcommittees will continue budget hearings this week, beginning with requests from the South Carolina Housing and Finance Authority and the Department of Natural Resources.
- The full Senate Finance Committee will meet in the afternoon to decide whether to advance six bills to the floor. The proposals include S. 97 and S. 98, both authored by Sen. Margie Bright Matthews, D-Colleton, that outline qualifications for county treasurers and county auditors, respectively. Another bill, S. 344, sponsored by Sen. Michael Johnson, R-York, would greenlight pari-mutuel wagering on horse races.
- The full Senate Judiciary Committee will meet in the afternoon to screen 13th Circuit Solicitor Cindy Crick, who was appointed last year to the prosecutorial position after a vacancy opened following former Solicitor Walt Wilkins's resignation. The committee will also discuss seven bills that include S. 751, sponsored by Sen. Ed Sutton, D-Charleston, that would make it illegal to sell and provide nitrous oxide or nitrous oxide products to anyone under age 18, unless, for example, the product is given in medical or dental settings.
- Wednesday
- Senate Finance budget hearings will continue throughout the day, with requests from the Administrative Law Court and others, the Department of Health and Human Services and others, the Attorney General's office and Department of Administration, and the Office of Regulatory Staff, among others.
- A Labor, Commerce and Industry subcommittee will meet in the morning on S. 444, sponsored by Sen. Tom Davis, R-Beaufort, that would allow and regulate certain forms of internet-based wagering.
- A Senate Education subcommittee will meet on S. 199, sponsored by Sen. Wes Climer, R-York, which is the upper chamber's version of the so-called bathroom bill that already cleared the House. The legislation would require bathroom and changing room use in K-12 and higher education schools to correspond with biological sex at birth.
- The Senate Medical Affairs Child Welfare Subcommittee will meet at 9 a.m. to discuss S. 540, sponsored by Sen. Richard Cash, R-Anderson, that in large part says that parents or guardians who raise a child "consistent with their sex" does not constitute as abuse, neglect or harm.
- The Senate Agriculture and Natural Resources Subcommittee meets in the morning to decide whether to advance H. 3924, authored by Rep. Chris Wooten, R-Lexington, that would regulate sales of hemp-derived consumables to stores with valid alcohol licenses and prohibit sales and consumption to anyone under 21. The bill is scheduled to go before the full committee at noon.
- A Senate Education subcommittee meets in the morning to discuss three bills, including H. 3578, sponsored by Rep. Michael Rivers, D-Beaufort, that requires school districts to teach cursive hand writing starting in third grade through fifth grade.
- A Senate Transportation subcommittee is expected to hold its final hearing on S. 831, sponsored by Senate Transportation Chairman Larry Grooms, R-Berkeley, that seeks to modernize the state transportation department and identify ways to, in part, ease congestion and speed up road projects.
- Thursday
- A Senate Corrections and Penology subcommittee meets at 9 a.m. to decide whether to advance S. 385, sponsored by Sen. Tameika Isaac Devine, D-Richland, that would let certain pregnant women sentenced to incarceration defer sentencing until 12 weeks postpartum.
- The full Senate Medical Affairs Committee meets in the morning on appointments and a handful of bills that include S. 343, sponsored by Sen. Tom Corbin, R-Greenville, that would require someone receiving a COVID-19 vaccine to be given notification about the vaccine's makeup and sign and date a notice.
- A Senate Education subcommittee will meet at 9:30 a.m. on S. 692, sponsored by Senate Education Chairman Greg Hembree, R-Horry, that seeks to clean up measures in the private school voucher law (the Education Scholarship Trust Fund) that would define eligible expenses and restrict students from receiving funds who are enrolled in home school education that is not approved by the state Board of Education.
- The Senate Finance subcommittees will hear budget requests in the morning from agencies that include the Governor's Schools and State Library, Clemson University and the Office of Resilience, among others.
Dems leaders weigh in on priorities
On Friday's episode of This Week in South Carolina with host Gavin Jackson, Senate Minority Leader Brad Hutto of Orangeburg and House Minority Leader Todd Rutherford sat down to talk about the first five weeks of the legislative session and how the members of the super minority are trying to affect change before the final year of the two-year session ends.
Here are a few takeaways (edited for length):
Where is the focus for Democrats this year?
Hutto: Affordability, we hear it on the national level, but it's true here as well. Education, we want to make sure that we have the highest quality, well-paid public school teachers we can have for our students. Health care is a concern. People are having to drive miles and miles to get health care. ... Economic development, making sure that we're recruiting high-quality jobs to particularly to rural areas.
Rutherford: We are focused like a laser beam on affordability. The Republicans have truly ignored it. They believe that only the rich need to survive in South Carolina, and they are emblematic of that in their legislation. That's all we've been talking about so far is abortion. Then we moved on to hemp-derived drinks. Now we'll probably talk about something else stupid, because that seems to be the agenda in South Carolina.
How do you legislate within a supermajority?
Hutto: Quite frankly, the Republicans are split between the ones that have maybe a more social agenda, more national agenda, and then the ones that are more traditional Republicans, the "country club Republicans," whatever you want to call them. So, we try and find common ground where we can with either group to forge a majority.
Rutherford: We're just looking for common ground in a lot of the bills that actually come through the House. You'll see the Democrats and the mainstream Republicans voting on the same side. The Freedom Caucus tends to be the fly in the ointment, not understanding the process and simply wanting to tear stuff down, not voting with us. But for the most part, the bills that come through the House pass with a large majority.
You can catch their full interview below:
Statehouse daily planner (2/17)
SC House
- 9 a.m. — Blatt 516 — Judiciary Constitutional Laws Subcommittee on 4564, 5133
Agenda
Live Broadcast
Live Broadcast - Audio Only - 9 a.m. — Blatt 110 — Lexington County Legislative Delegation
Agenda - 10 a.m. — Blatt 521 — Full Ways and Means Committee
Agenda Available
Live Broadcast
Live Broadcast - Audio Only - 10:30 a.m. — Blatt 433 — Education and Public Works Full Committee
Agenda
Live Broadcast
Live Broadcast - Audio Only - Noon — House in session
Live Broadcast
Live Broadcast - Audio Only - 1 hour after House adjourns — Blatt 409 — Agriculture, Natural Resources and Environmental Affairs Committee
Agenda
Live Broadcast
Live Broadcast - Audio Only - 1.5 hours after House adjourns — Blatt 403 — Labor, Commerce and Industry Real Estate Subcommittee
Agenda
Live Broadcast
Live Broadcast - Audio Only - 3 p.m. — Blatt 110 — Judiciary Artificial Intelligence, Cybersecurity and Special Laws Subcommittee on 4764
Agenda
Live Broadcast
Live Broadcast - Audio Only
SC Senate
- 9 a.m. — Gressette 308 — Senate Agriculture and Natural Resources Subcommittee on 867
Agenda
Live Broadcast
Live Broadcast - Audio Only - 9 a.m. — Blatt 110 — Lexington County Legislative Delegation
Agenda - 10 a.m. — Gressette 407 — Finance Natural Resources and Economic Development Subcommittee
Agenda - Noon — Senate in session
Live Broadcast
Live Broadcast - Audio Only - 3 p.m. — Gressette 308 — Senate Finance Committee
Agenda
Live Broadcast
Live Broadcast - Audio Only - 3 p.m. or 15 after Senate adjourns — Gressette 105 — Full Judiciary Committee on 631, 694, 723, 751, 3556, 3557, 4129
Agenda
Live Broadcast
Live Broadcast - Audio Only
Statehouse clips from around the state
- SC parents fear losing vouchers for homeschooling. GOP senators say they were misled. (SC Daily Gazette)
- Political skepticism over vaccines magnified in Spartanburg measles outbreak (The State)
- Social media companies challenge SC law requiring protections for young users (SC Daily Gazette)
- SC lawmakers take a pass on regulating forever chemicals (Post and Courier)
- SC manufacturing economy continues to grow, but AI could tamp down workforce demands (SC Daily Gazette)
- Yale researchers find high levels of ‘forever chemicals’ in SC farmland (The State)
- SC State seeks $8M for security upgrades as lawmakers advance campus safety bill (WIS)
- New MUSC cancer hospital will tower over downtown Charleston and could cost more than $1B (Post and Courier)
- SC House passes bill to cut property taxes for small businesses (WCSC)
- Should SC keep students with religious exemptions for measles out of schools? (The State)
- SC lawmakers, therapists sound the alarm on AI therapists (WIS)
- SC proposal increases minimum prison time for people with child sex abuse images (SC Daily Gazette)
- Lawmakers advance bill to clear old eviction records for renters (WLTX)
- They want to be SC governor. Here are their thoughts on the measles outbreak (The State)
- SC may require digital maps of colleges, universities (WIS)