Legislative Update: Legislation Still to be Considered

Tony Beam

Tony Beam

Tony Beam is senior director of church and community engagement and public affairs at North Greenville University, and policy consultant for the South Carolina Baptist Convention

It sounds like it could be the name of a Bruce Willis action movie. But sine die is simply Latin for “without date.” The South Carolina Legislature ended its 2022 session on May 12 at 5 p.m. The day before adjournment, the House adopted the Senate sine die resolution, which set the parameters for both chambers when they reconvene in July. During that session, they will finish their work on the budget, and, depending on the outcome of the Dobbs v. Jackson Women’s Health, they will debate whether or not to end abortion in South Carolina.

If the leaked 5-to-4 opinion written by Justice Alito becomes official, the question of abortion will revert back to the states. In South Carolina, that means the 2021 Heartbeat Bill will go into effect, outlawing abortions when a heartbeat is detected. However, there is considerable momentum among South Carolina lawmakers to outlaw abortion entirely, beginning at the moment of conception. What that legislation will look like and just how restrictive it will be (and what exceptions it may or may not include) will be decided in what will likely be a protracted and heated debate in both chambers.

The last month of the Legislature produced some amazing — and somewhat unexpected — results. Several conservative bills that looked to be hopelessly bogged down were passed and either sent to the governor for his signature or will be completed in several conference committee meetings in June. When the House and Senate cannot agree on the wording of a bill, it goes to a conference committee, where a group of legislators meet to work out a compromise so the bill can be passed on to the governor.

The Education Savings Account and Medical Rights of Conscience are two bills that will be decided in conference. The House passed the Medical Rights of Conscience bill that was then amended in the Senate. The House did not concur with the Senate’s amendments, so the differences will be worked out in conference. The Education Savings Account bill is the first school choice bill to pass in South Carolina and will represent the first small step toward parental choice in education.

Other bills that passed during the session include Save Women’s Sports and Religion Is Essential. Save Women’s Sports passed the Senate on a 30-to-10 vote and will prevent biological males from competing against females in middle school through college. It is a significant step forward in protecting women’s sports programs and preserving a traditional, biblical understanding of gender in the culture. The Religion Is Essential bill will protect houses of worship from being forced to shut down during a declaration of emergency by placing them in the category of essential services. South Carolina churches were protected during the pandemic when Gov. McMaster and Attorney General Alan Wilson agreed to allow churches to decide how to handle the pandemic. Religion Is Essential will codify those protections, offering churches confidence that they will be allowed to remain open regardless of the attitude of the administration.

Medical marijuana (the Compassionate Care Act) died in the House when it was ruled unconstitutional by the Chair. The Chair’s ruling was appealed, and the motion to appeal was tabled by a vote of 59 to 55. Multiple attempts to revive the bill were turned back in both the House and the Senate. The final blow to medical marijuana for this session came late on May 11 when the Senate failed to attach the legislation to a House bill.

Some news reports stated the bill was killed by a procedural vote, leaving the impression it was the violation of a House rule that led to the bill’s downfall. However, Rep. John McCravy (R-District 13) raised a point of order stating that because the bill originated in the Senate, it was unconstitutional since it generates income through tax revenue. Section 15 of the South Carolina Constitution says, “Bills for raising revenue shall originate in the House of Representatives, but may be altered, amended, or rejected by the Senate; all other bills may originate in either house, and may be amended, altered, or rejected by the other.” While it is fair to say the Compassionate Care Act was defeated by a procedural action by the House, it should be emphasized that it was ruled to be a violation of the South Carolina Constitution, not a House or Senate rule.

Please pray for our state legislative officials as they work in conference to resolve differences between versions of important bills that passed both the House and the Senate. Also, please pray that, when they return in July to finish the budget, they will be meeting in a new era where Roe v. Wade is gone — and they will agree to end all abortions in South Carolina.