Senate fails to act on judicial selection changes

The Senate failed to advance a bill expanding the number of candidates eligible to become judges in the state.

Senators debated this morning a measure that would expand to five, from three, the number of candidates a legislative screening panel could recommend for election. The bill was proposed, in part, to get more black and other minority judges on the bench by expanding the field. Senate President Pro Tem Glenn McConnell, R-Charleston, also proposed an amendment designed to strip House power in choosing judges. His amendment would allow a legislative panel to recommend candidates, who would then be selected by the governor. The selection committee could override the governor's selection with a three-fourths vote.

The amendment was not agreed to.

Poultry farms center of Senate debate

The Senate began debating this afternoon final passage of a bill allowing chicken and poultry farmers more freedom from local zoning codes, planning and other restrictions.

The bill has been sharply criticized for taking away local government control. Advocates say it protects local farmers' ability to use their land.

Sen. Phil Leventis, D-Sumter, has taken the podium and has vowed to filibuster. Supporters believe they may have the votes to cut off debate, but that can only happen after Leventis has spoken for at least two hours.

Passing the bill today is important, because May 1 marks a deadline to get Senate bills to the House. After that, bills would need a two-thirds vote in the House just to be considered.

Senate tackling judicial selection

A bill expanding the number of candidates eligible to become judges in the state, and perhaps changing the selection system, is the focus of Senate debate this morning.

The bill would expand to five, from three, the number of candidates a legislative screening panel could recommend for election. The bill is proposed, in part, to get more black and other minority judges on the bench by expanding the field.

Senate President Pro Tem Glenn McConnell, R-Charleston, has proposed an amendment designed to strip House power in choosing judges. His amendment would allow a legislative panel to recommend candidates, who would then be selected by the governor. The selection committee could override the governor's selection with a three-fourths vote.

Under the current system, the House and Senate vote on candidates, with the House holding a three-to-one advantage in the number of votes. Senators have complained about the current system, saying they have no power in choosing judges because they can be outvoted by the House.

"I believe the House would have absolute heart palpitations at an amendment like this," McConnell said. "The process we've got, you can kid yourself and think you're an integral player."

Some have expressed doubts about McConnell's plan, noting Gov. Mark Sanford is not likely to listen to lawmakers' desires for their district.

"We've got a governor that don't get along with the Senate," said Sen. Jake Knotts, R-Lexington. "He don't get along with the House...How do you think we're going to get an open communication with the governor?"

House adjourns; no push on vouchers, immigration

The House adjourned for the week late this morning, leaving some initiatives missing the crossover deadline.

The session ended without debate over a new version of Put Parents In Charge, the high-profile legislation from last year that would have given parents tax credits to send their children to private schools. Lawmakers worked on an amendment this week that would have brought a slimmed-down version of the bill back to life as part of another education bill. But House leadership discouraged the move.

Also, lawmakers failed to act on a bill that could limit the number of illegal immigrants working in South Carolina by keying in on employers who do business with the state.

The House didn't take up the measure after a 24-hour point was raised by Rep. Walt McLeod, D-Newberry. The point means the bill cannot be taken up until the House next meets on May 2, a day after the crossover deadline.

The Illegal Aliens and Public Employment Act would require employers doing business with the state to register with the Federal Work Authorization program, an electronic verification system or its equivalent, operated by the U.S. Department of Homeland Security.

After the May 1 crossover deadline, bills can only be taken up by the other chamber with a two-thirds vote of support. That higher bar, and the crunched legislative calendar, means bills missing the deadline are unlikely to pass.

The tax credit and immigration measures, as well as others, could emerge through amendments to other bills through the end of the session.

School start date exception killed

The House this morning effectively killed a bill allowing York County to exempt itself from the uniform school start date signed into law a few weeks ago.

York County lawmakers had heated debate with other members of the House yesterday, arguing the full House should not interfere with local delegation bills. Others, such as Rep. John Graham Altman, R-Charleston, said counties could not just vote to exempt themselves from state laws.

The bill was quickly sent back to committee this morning before most members of the House had a chance to vote. With the end of this week as the deadline for sending bills across to the Senate, putting it back in committee effectively ends any chance for passage this year.

Lottery prize restriction fails

A legislative effort to ban illegal immigrants from collecting South Carolina lottery prizes failed in the House.

Rep. John Graham Altman, R-Charleston, wants to bar winnings from being paid, though illegal immigrants could still buy tickets.

The House declined this morning and Tuesday to move the bill from the House Judiciary Committee directly to the floor for debate.

Exemption to start date stuck

A York County legislator's effort to exempt his home school districts from a new uniform start date requirement has hit a snag.

A 24-hour point was raised on Rep. Herb Kirsh's measure, meaning it cannot be brought up again until Thursday. Bills not gaining House approval by tomorrow will not clear the May 1 crossover deadline, essentially killing them for the session.

Because the bill is contested, it faces a tough path to clear on Thursday.

Schools take center stage

Lawmakers in both the House and Senate are debating school-related items this morning during floor debate.

In the Senate, it's the location of high school football championship games. A proposed change to the budget would allocate $1,000 to advertise a location change from Columbia to Clemson University. Lawmakers argued the Senate was micromanaging the high school league, and that it was inappropriate to do so in the budget.

Members have delayed a vote on that amendment.

In the House, it's the school start date that is under fire. Earlier this year the House passed a bill that would set the third Monday in August as the state's start day, but lawmakers in York County proposed a bill to exempt that county.

Supporters of the change, arguing it's an economic boon for coastal counties because it allows more time for summertime vacations, opposed that exemption.

Rep. Alan Clemmons, R-Horry, noted a similar law in North Carolina has produced large increases in tax revenue collections. Others, such as Rep. Herb Kirsch, R-York, said the bill just gives counties an option to choose an earlier start date.

Senate talking property taxes

Though the main debate was delayed until next week, senators have brought up property tax relief during today's kick-off session on the state budget.

Sen. Jake Knotts, R-Lexington, succeded in adding $1 to the Senate budget plan as a symbolic gesture to fund any future property tax relief approved. Knotts wanted the money included to show taxpayers the Senate was serious about tax relief.

Senate Finance Chairman Hugh Leatherman, R-Florence, opposed the change. He argued Knotts would propose a series of ever-larger amendments adding more money to the tax relief fund. Unless Knotts had a list of specific budget cuts, Leatherman said, the Senate should not approve the change.

The Senate has been deadlocked on granting property tax relief for two weeks, adjourning debate on the issue until next week. Some senators were worried that if no new money for tax relief was included in the budget, there is little chance the Senate will approve any tax relief.

House advancing bills

House leaders are clearing their legislative calendar as they work to push measures through ahead of the crossover deadline for pasing bills.

Among the bills that gained key House approval today is a measure that makes it a misdemeanor to picket within 1,000 feet of a funeral service. South Carolina could become one of the latest states to discuss limit funeral protests.

The House is likely to be in session until at least 5 p.m., House Speaker Bobby Harrell, R-Charleston, said.

Staying that late would cancel some committee meetings. The House Judiciary Committee meeting, set for 3:30 p.m., is a likely casualty. Committee meetings are important to advance bills to the House floor for debate Wednesday and Thursday.

House bills that don't pass this week face a steeper climb to become law due to legislative rules. After May 1, measures need a two-thirds vote in the other chamber just to be heard.

Heart center gets House OK

Lexington Medical Center's bid for a heart surgery center is on its way to Gov. Mark Sanford.

The House today agreed to Senate amendments on an administrative law bill with changes that included language allowing the West Columbia facility to open a heart surgery center.

State regulators rejected Lexington Medical Center's proposal last year, saying a new facility so close to two existing ones in Richland County would spread a limited number of surgeons too thinly over too many facilities.

But the state Senate added language to a House-passed bill allowing the center. The measure, with the amendments, was then sent back to the House.

By agreeing to the bill with amendments, the measure will be sent to Sanford for his signature or veto. The governor has not yet taken a position on the bill, his spokesman said.

House members target out-of-state groups

House Speaker Bobby Harrell and a dozen House members held a press conference this afternoon to protest the influence of out-of-state lobbying groups on South Carolina elections.

Many of the members who joined Harrell, including Reps. Bill Cotty, R-Richland, and Ken Clark, R-Lexington, have been challenged by candidates in the June 13 primary.

The groups, Harrell said, have been paying for misleading advertising. He declined to identify which groups he was referring to. Cotty, who said he is being challenged for his opposition to a school choice bill last year, called the tactics "sleazy, underhanded and deceptive."

After the press conference, the South Carolina Club For Growth, whose national organization has often waded into Palmetto State politics, handed out candidate endorsements, including Sheri Few, Cotty's opponent.

Heart center focus in House

The House this morning picked up debate on a bill that would allow a heart surgery center at Lexington Medical Center. The provision was added to the House-passed by when it cleared the state Senate.

The House is operating under rules which limit debate on each amendment to three minutes for supporters and opponents. It is not clear whether members will finish discussion on the bill today.

Tax reform prospects dim

Senate President Pro Tem Glenn McConnell, R-Charleston, said this morning he has little hope the Senate will approve a property tax reform plan this week.

Senate Majority Leader Harvey Peeler, R-Cherokee, and Nikki Setzler, D-Lexington, suggested the Senate should delay budget debate -- set for next week -- until senators pass a property tax plan, even staying through the weekend if needed.

McConnell said there are no plans to do that now, but the Senate may work full weeks later in the session. He added there may also be a desire to get the budget approved early to leave the Senate time to override vetos, if any, by Gov. Mark Sanford before the Legislative session ends.

The Senate is entering its sixth day debating a statewide property tax reform plan, with little consensus yet on a plan among its members.

No progress on tax reform as Senate breaks

The Senate has broke for lunch this afternoon without voting on any property tax proposals.

Senators spent the morning debating the House tax plan. As talking continued, other senators worked on an alternative plan focusing on local options.

That plan would allow each county the ability to raise their local sales tax enough to cover the cost of property taxes for owner-occupied homes in that county. It is unclear if the local option plan will include county taxes, or just focus on school operations. The plan could also require a constitutional amendment.

The Senate is set to resume debate at 2 p.m.

House picks up heart center argument

A legislative effort that would allow Lexington Medical Center to open a heart surgery facility is again at the center of House debate this morning.

The House-passed bill changing adminstrative law court rules was amended in the Senate to include a provision that would allow the facility.

The change is opposed by members of the Richland County delegation, who unsuccessfully tried to end debate on the bill this morning.

It is unclear whether the House will conclude work on the measure today. More than 70 amendments have been proposed by Rep. James Smith, D-Richland. And House leaders have said they will try to limit the amount of time on the floor this week to allow committees a chance to approve bills prior to the May 1 crossover deadline.

Yesterday the House debated one amendment on the bill before ending deabte for the day.

Tax debate heats up

Opponents of a property tax plan that narrowly survived a Senate vote Tuesday stepped up their criticism of the plan this morning.

The Senate tied on a vote to scuttle the House version of property tax relief, which would raise the state sales tax by two cents on the dollar to pay about 85 percent of owner-occupied tax bills. Lt. Gov. Andre Bauer cast the deciding vote against killing the plan.

Sens. Larry Martin, R-Pickens and Wes Hayes, R-York, have questioned the fairness of picking up the local government costs, as well as locking in current unequal funding of schools. In addition, the senators said the House plan would unfairly hurt businesses.

Lexington Sen. Jake Knott, the plan's strongest supporter, has continued to argue the House plan is what most state residents want and can understand. He criticized the Senate Finance Commitee for not including the cost of the House plan within the Senate's draft budget.

The debate precedes what is likely a final vote later today whether or not to adopt the House proposal. A handful of other options, including allowing each county to raise their sales tax and a modified version of a proposal a Senate commitee drafted last year, are also likely to be debated.

Senate resumes property tax debate

The Senate this afternoon picked up the property tax debate where it left off last week.

Sen. Larry Grooms, R-Berkeley, is detailing a plan that would raise more than a dozen taxes and fees, including the sales tax by 2 cents on the dollar, in exchange for stripping school operating taxes from owner-occupied homes.

Senate leaders have said they hope to finish debate on a reform plan this week but have found little consensus on a path. Senators are set to take up the state budget next week.

Senators did advance two bills that would change how counties reassess property. The change would require voter approval.

The measures were previously approved by the Senate, but leaders used procedural means to keep them from advancing to House. The move was done to prevent the House from rewriting the bills to their version of tax reform while the Senate was still dealing with property taxes at the subcommittee level.

Harrell: Bill push ahead

The S.C. House of Representatives is likely hold brief floor sessions this week, giving committees an opportunity to advance bills ahead of the May 1 cross-over deadline, House Speaker Bobby Harrell, R-Charleston, said this morning.

May 1 is the deadline for bills to cross over from one chamber to the other without the requirement of a two-thirds vote just to be heard.

Among the issues the full House is set to take up this week is a bill allowing Lexington County Medical Center to open a heart surgery center.

Also, Harrell said he expects a House-Senate conference committee to agree on a final version of a charter school bill on Wednesday.

Hospital data bill advanced by Senate panel

A Senate subcommittee this morning advanced a bill requiring hospitals and other surgical facilities to collect data on hospital-acquired infections and state regulators to make the information public.

Sen. Mike Fair, R-Greenville, the subcommittee chairman, said he hopes the measure can be advanced out of the full Senate Medical Affairs Committee the week of April 24. Statistics on clinical procedures that range from relatively benign surgical site infections to the often-deadly ventilator-associated pneumonia would be compiled by the state Department of Health and Environmental Control.

Health experts say acquired infections are a serious and growing problem that causes deaths, raises hospital costs for patients, taxpayers and private insurance companies, and lengthens hospital stays.

The first S.C. report of infections acquired by patients while being treated for other medical problems would be due July 1, 2007, if the bill becomes law.

Senate hits property taxes again

The Senate this afternoon is debating an alternate property tax reform plan proposed by Sen. Larry Grooms, R-Berkeley.

His plan would strip school operating taxes from all property, about 65 percent of most tax bills. The $2.4 billion plan would raise the state sales tax by two cents on the dollar, add a state property tax to property other than owner-occupied homes and raise many other state taxes and fees.

The Senate is still struggling to find a starting point for their debate. It is not expected to approve any plan today.

Senate keeps zoning out of property rights bill

A bill limiting governments' ability to take private property was advanced by a Senate subcommittee this morning without the broader restrictions on zoning contained in a House-passed plan.

The Senate Judiciary Committee is likely to take up the bill next week.

The measure limits eminent domain, the authority that allows private property to be taken for public use.

Lawmakers have been moved to act by a 2005 ruling of the U.S. Supreme Court in a Connecticut case that opened the door for governments to take property from private owners for private developers. Known as the Kelo case, the decision raised hackles on lawmakers from California to Charleston. As a result, many states are moving to strengthen condemnation laws to protect local property owners.

In dealing with the issue, House leaders saw the opportunity to broaden the property rights debate to include limits on zoning. Critics argue the House measure will cost local governments millions, or prevent them from using zoning laws to prevent sprawl or protect existing property owners from unchecked growth. Supporters say private property owners deserve compensation when governments cause their land to lose value.

The House-passed measure was not acted on by the subcommittee. Should the Senate ultimately pass its more limited approach, a House-Senate conference committee could be named to settle the differences.

Senate to combine spending bills

The three-part spending plan adopted by the House is likely to be scrapped by the Senate.

Senate budget writers plan to combine the state budget plan separated by the House. Leaders had divided the budget into three separate bills, including one basic measure to enable them to meet a promise to cap base state spending.

Senate Finance Chairman Hugh Leatherman, R-Florence, said the Senate should combine the two largest bills to allow it more flexibility in moving money around when negotiating a final bill with the House.

The third measure, which only funds construction projects around the state, will remain separate.

As the current budget draft stands, the Senate budget would spend $80 million more than the state would collect in revenue this year. But state economists are expected to revise those estimates - adding more money - soon.

The Senate committee is expected to finish work on the budget today. The full Senate will take up the plans the week of April 24.

Senate forges 4K path

A Senate budget-writing committee has settled on a $24 million, two-prong pathto provide pre-school programs to state 4-year-olds.

The plan would give two-thirds of funding to the state Department of Education to oversee public school programs. First Steps would receive the remaining money to oversee private programs.

The compromise is a one-year measure to address a court decision until a state committee can work out a longer-term plan.

The House plans puts $6 million toward additional pre-school programs.

"This is not the permanent solution- it's not a Band-Aid - but it's a major step to address the at-risk 4-year-olds in our state," Sen. Nikki Setzler, D-Lexington, told the Senate Finance Committee.

Senate committee plowing through budget

More money for K-12 education and a planned observatory complex at the State Museum are among the changes being eyed in a proposed state spending plan for 2006-07.

The Senate Finance Committee is reviewing the House-passed budget for the first time this morning. Senators expect to complete work on the plan this week, with the full Senate set to debate the spending outline the week of April 24.

The committee's budget draft includes $224.7 million in new funding for K-12 schools, including $26.1 million to buy about 650 new school buses.

The plan also includes $5 million in funding for an observatory, planetarium and theater at the State Museum. That project's funding would be cut to less than $4 million under the House plan. The museum has requested $7 million.

Senate starts property tax debate

The Senate began debating this afternoon a proposal to reform the state's property tax system, with coastal members challenging a committee plan that gives relief to both vehicle and home property taxes.

Senate President Pro Tem Glenn McConnell and Chip Campsen, Charleston County Republicans, questioned the use of money from an increased sales tax that would do little to help homeowners in fast-growing markets.

The full Senate is dealing with a House-passed bill that replaces property taxes on owner-occupied homes with a two percentage point increase in the sales tax. A proposed Senate Finance Committee amendment would raise the sales tax half as much and aims to cut vehicle taxes and limit some property taxes on homes.

Much of the Senate debate is expected to take place Wednesday.

House off for week, returns Apr. 18

The House of Representatives is out of Columbia this week. No meetings of the full House or any committees are scheduled.

This is the fifth year in a row House members have taken a three-day leave from their jobs. The lawmakers, who have already received their annual salaries for the year, but will forego their mileage and per diem reimbursements for the week.

The Senate is meeting this week. Senators are expected to take up property tax reform legislation on Wednesday.

Ryberg puts $2 million into race for treasurer

State Sen. Greg Ryberg, R-Aiken, has put $2 million of his own money into
his campaign for state treasurer, according to his latest financial
disclosure form filed with the state ethics commission.

That gives Ryberg more than $2.5 million on hand in his Republican primary
race. He faces former House majority leaders Rick Quinn, Charleston
developer Thomas Ravenel and Easley homebuilder Jeff Wills. Incumbent Grady
Patterson is unopposed in the Democratic primary.

The other candidates have not yet filed their most recent campaign reports.
Those reports are due Monday.

Further debate on heart center put off

The House this afternoon ended debate before voting on Lexington Medical Center's bid for a heart surgery center.

Immediately after voting to limit debate on the bill, lawmakers voted to drop the matter until they retun to Columbia the week after next.

Providence Hospital and Palmetto Health Richland, which have been performing heart surgeries seven miles away in Columbia, have said a third facility is not needed and would lessen the quality of care in the region.

State regulators rejected Lexington Medical Center's proposal last year, saying a new facility so close to two existing ones would spread a limited number of surgeons too thinly over too many facilities. Lexington Medical Center appealed, starting down a path that could take years to resolve.

The state Senate added language to a House bill allowing the Lexington center. The measure, with the amendments, was then sent back to the House, which took it up today.

Heart center debate heats up

The House this afternoon is debating a bill that would allow Lexington Medical Center to develop a heart surgery center.

The bill has pit Richland County lawmakers, who oppose the measure, against their counterparts from Lexington County.

The battle of the Midlands has been heated, with Reps. Kenny Bingham, R-Lexington, raising his voice in support and Rep. James Smith, D-Richland, against.

Most Richland legislators oppose the bill because they fear it will take business away from Columbia hospitals.

A motion to adjourn was shot down once and the House continues to debate the bill.

Cig tax advanced to House committee

A House subcommittee this morning advanced a plan to boost the state's cigarette tax to pay for health care coverage.

This appears to be the first time any cigarette tax increase has gotten a positive vote by any part of the General Assembly. But the bills face rocky paths to ultimately becoming law, including uncertain fates in the full Ways and Means Committee, which would be the next step.

The panel by a 2-to-1 vote sent a pair of bills to the full committee.

One, sponsored by Rep. Paul Agnew, D-Abbeville, would increase the tax by 32 cents to pay for a health care program for poor South Carolinians. The second bill, sponsored by subcommittee chairman Rep. Rex Rice, R-Pickens, would ultimately raise the tax by 40 cents a pack to pay for Medicaid. Rice's bill also includes an income tax reduction that makes the bill "revenue neutral," Rice said.

Rice and Rep. Ralph Davenport, R-Spartanburg, voted to support both bills. Rep. Liston Barfield, R-Horry, voted against both.

House OKs redevelopment tax credits, conference likely

The House this morning signed off on legislation giving tax credits to property owners who redevelop or replace so called "big box" stores.

The bill, sponsored by Rep. Scott Talley, R-Spartanburg, would give property or income tax credits for renovations of buildings at least 40,000 square feet. County governments would have the option of lowering that threshold to 25,000 feet.

The bill is likely headed to a conference committee. The Senate version does not extend the credits to wholesalers, only to retail businesses.

Workers' comp debate underway

The House of Representatives this morning began what is expected to be a lengthy debate over changing the state's workers' compensation system.

Labor, Commerce and Industry Chairman Harry Cato, R-Greenville, said the debate "was going to take awhile."

Cato said there is a 33 percent rate incease pending for employers' workers' comp rates.

"We've always had very good rates in this state," Cato said.

As of 2004, the state has slipped in national rankings of state insurance rates, Cato said.

The bill is the committee's attempt to reverse the trend. Critics, however, say the bill helps insurance companies at the expense of employee protections.

No new faces among USC trustees

Nine incumbent University of South Carolina trustees were elected to new terms during a joint session of the General Assembly this afternoon.

None of the nine had opposition when it came time for members to vote.

Trustee Mack Whittle pushed back a strong challenge by Greenville attorney Dick Jones, who withdrew from the race before the vote was taken.

In addition to Whittle, a Greenville native and a former board chairman, other trustees who won re-election to four-year terms, and the year they joined the board, are:

-- Arthur S. Bahnmuller (1990) of Sumter

-- C. Edward Floyd (1982) of Florence

-- William C. Hubbard (1986) of Columbia

-- Toney J. Lister (1994) of Spartanburg

-- Michael J. Mungo (1969) of Irmo

-- John C. von Lehe Jr. (1998) of Charleston

-- Othniel H. Wienges Jr. (1975) of St. Matthews

John W. Fields, a Seneca attorney, was elected by the General Assembly to fill the unexpired term of the late Robert McLellan, who died last year. That term runs until 2008. Fields was already serving on the USC board by appointment of the governor since McLellan's death.

The race between Whittle and Jones, who had been backed by some members of the Greenville County legislative delegation, produced legislation that aims to change the way USC trustees are elected.

Currently, the 16 seats elected by the General Assembly being selected by judicial circuits. In the case of
Whittle's seat, the 13th Judicial Circuit, the office holder must live in Greenville or Pickens county.

Under the proposed legislation, two USC trustees would be elected from each of the state's six Congressional districts, and four others would be elected at-large from throughout the state.

That would mean Whittle's seat and one other would be selected from Greenville, Spartanburg or the portion of Union County that is in the Fourth Congressional District.

The current method of election ensures the 16 seats will be spread geographically across the state. Under the proposal, large county delegations such as Greenville, Richland or Charleston would have the pos-sibility of sending more of their constituents to the USC board.

The proposal, House Bill 4846, is currently in the House Education and Public Works Committee.

Workers' comp debate could be lengthy, loud

House members said this morning they expect a contentious floor debate over worker's compensation reform beginning Wednesday.

House members are split about whether the bill does too much or too little to curb rising insurance costs, Reps. Converse Chellis, R-Dorchester, and David Mack, D-Charleston, said on Speaker Bobby Harrell's weekly ETV press conference.

"There didn't seem to be a lot of passion, commitment, or full backing from the committee," Mack said. "It was 'Let's get this baby into the water and see what happens.'"

While the bill is set for floor debate Wednesday, that could extend into Thursday, members said.

Plan for autism treatment advances

A House subcommittee this morning approved legislation providing $7.5 million in state funds for autism treatment for children.

The Labor, Commerce and Industry panel approved a measure that mirrors a plan included in the House version of the state budget bill passed last week.

The full LCI committee will consider the bill this afternoon.

The original bill, sponsored by Rep. Nathan Ballentine, R-Lexington, would have required insurance companies to provide coverage for children with autism. But insurance companies argued it would be too expensive and succeeded in convincing lawmakers to try this route.

The bill would funnel at least some of the $7.5 million through the state's Medicaid program, to take advantage of the federal government's 3 to 1 match for state Medicaid spending.

The state budget for 2006-07 that was passed by the House is awaiting action in the state Senate.