Week ten is now complete, with just eight more weeks remaining in the legislative session. The House was on furlough this week, as it usually is the week following passage of the state budget, although several subcommittees and committees met. The Senate continued debate on tort reform
On Wednesday, a subcommittee of the House Agriculture, Natural Resources and Environmental Affairs Committee adopted S. 103 (Senator Climer), which would make it unlawful to label any cell-cultivated food product as beef, poultry, fish or any other meat that a cultivated food product may resemble for the purposes of manufacturing, selling, or holding or offering for sale in this state. The bill now goes to the full committee for consideration.
On Tuesday, Governor Henry McMaster appointed Anthony “Tony” Catone as the next director of the South Carolina Department of Social Services (DSS). Catone, who was named the agency’s acting director in January following the departure of former director Michael Leach, has served as part of the agency’s executive management team as General Counsel for the last ten years. Prior to serving as DSS General Counsel, Catone held leadership positions at Florida Atlantic University and Clemson University, where he worked on public service initiatives, legal affairs, and risk management. He has also worked as a trial and litigation attorney. A copy of his biography can be found here. The appointment is subject to Senate confirmation.
On Wednesday, the Senate Family & Veterans’ Services Committee unanimously approved the governor’s appointment of Brigadier General Robin B. Stilwell as Adjutant General. The appointment now goes to the full Senate for confirmation.
The Senate also confirmed the appointment of Ms. Kendall Bak to the State Board of Veterinary Medical Examiners to an at-large seat.
Yesterday, a defiant Dr. Edward Simmer, the Interim Director of the Department of Public Health (DPH), testified for his confirmation hearing before the Senate Medical Affairs Committee. Simmer has come under fire for decisions he made during the pandemic, and many oppose his confirmation. Simmer said his critics have deliberately and knowingly spread lies about him and have helped erode the public trust in public health. The meeting concluded with members wanting more questions answered, and they will meet again soon.
Following the passage of the FY24-25 General Appropriations Act H. 4025 and the Capital Reserve Fund H. 4026 in the House last week, state agencies continued appearing before the Senate Finance subcommittees this week with their budget requests. Those appearing this week included the Department on Aging, the Department of Disabilities and Special Needs, the Technical College System and the Department of Education. The Senate Finance Committee will debate the budget beginning April 8. Full floor debate in the Senate is planned to begin April 22.
Individual state agency budget requests can be found here.
The full House Education Committee adopted, as amended, H. 3927 (Reps. Gilliam, Hiott, G. M. Smith and many others), enacting the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity Act” banning Diversity, Equity and Inclusion (DEI) programs. Representative Tim McGinnis (R-Horry) noted that the committee heard loud and clear during previous testimony that there were numerous issues with the original bill due to the potential for legal jeopardy and the fiscal impact on the state.
As a result, McGinnis offered a strike-and-insert amendment that “throws out the original bill.” The amended bill would prohibit state agencies, local governments and universities from supporting or promoting DEI and prevent preferential treatment in hiring or employment practices based on race, gender, sex or nationality. The bill requires entities to comply with the equal protection clauses of the state and the United States Constitution. The amended version removes the ban on contracting with private companies that have DEI programs. The committee adopted the amendment with a vote of 13-4, and the bill now goes to the full House for consideration.
After a seven-hour meeting on Wednesday, a subcommittee of the Senate Judiciary Committee adopted H. 3309 (Reps. G. M. Smith, Gatch, Herbkersman, Pope and others), enacting the “South Carolina Energy Security Act”. A top priority of state leaders, the bill, which passed the House last month, aims to ensure that electric generation and transmission providers are able to plan, site and construct new and replacement generation and transmission resources in a timely and cost-effective manner to address growing energy demand and to bolster economic growth in an affordable, reliable, safe and sustainable manner. The bill now goes to the full committee for consideration.
On Wednesday, a subcommittee of the Senate Banking and Insurance Committee adopted S. 325 (Senators Massey and Alexander), which would abolish the commission governing the Department of Consumer Affairs and make the agency a cabinet agency with the governor appointing the director with advice and consent of the Senate. The bill now goes to the full committee for consideration.
The House of Representatives Government Efficiency and Legislative Oversight Committee met on Wednesday to allow the public to provide input on a number of state agencies, including the Department of Insurance, the Department of Employment and Workforce and the Department of Education. Video archives of the meeting can be found here.
After more than two weeks of debate, including working late into the evening on Tuesday, the Senate took a step forward on major tort reform legislation by adopting a compromise amendment to S. 244 (Senators Massey, Alexander, Rice, Turner and others) before carrying over the bill to debate again next week. The amendment includes “Dram Shop” liability, which would hold businesses and individuals responsible if alcohol is served to someone who is intoxicated and that person harms another person. The bill, along with other tort reform measures being considered, is aimed at lowering insurance premiums for businesses and individuals. The full amendment can be found here.
One major issue left to be resolved is joint and several liability, which is how liability can be assigned in civil lawsuits in South Carolina so that businesses pay proportionally for whatever they did wrong. Proponents of the bill, including Governor Henry McMaster and many in the business community, seek to ensure that individuals and businesses are held accountable only for the damages they cause, not the actions of others. The Senate is expected to continue the debate on the bill next week.
This week, the Senate adopted H. 3529 (Reps. W. Newton, Bannister, Caskey and others), which increases the number of family court judges by one in the ninth, eleventh, and fourteenth circuits. The bill is now enrolled for ratification.
Yesterday, the Senate gave second reading approval to S. 336 (Senators Alexander, Massey and Rankin), which would permanently set judicial elections by the General Assembly on the first Wednesday in March. The bill remains on the Senate calendar awaiting third and final reading.
This week, Governor Henry McMaster signed into law S. 157 Act 2, which would allow an electric utility to include storm recovery costs for Hurricane Helene through the issuance of storm recovery bonds. The law takes effect immediately.
All bills introduced this week can be found here:
The Joint Citizens and Legislative Committee on Children will meet on Monday to consider State Child Advocate candidates.
