Judicial Reform Wins!

Dear Friends:

The legislature did more than pass the state’s budget this past week (which I summarized in a newsletter I sent you Wednesday). We also passed numerous bills negotiated in Conference Committees to iron out differences in the version passed by the House and Senate. Judicial reform tops the list.

Judicial Reform: Big Win!

I have long advocated for improving the way the legislature elects judges. At last, a significant reform was approved and sent to Gov. McMaster. It was not easy.

While the House was in session Wednesday, a Conference Committee met to debate two versions of a bill to reform the process for selecting members of the Judicial Merit Selection Commission (JMSC). The House stood at ease, hoping negotiators would find agreement. They did – just in the nick of time.

With a unanimous vote by the House and Senate, S.1046 restructures the JMSC to consist of 12 members, with House, Senate, and Governor appointments. Currently, the JSMC has ten members: five appointed by the House and five appointed by the Senate. The revamp brings the Governor and the Executive Branch into the process for the first time.

Key Provisions: This reform includes prohibiting appointments of recent campaign contributors, mandating live-streamed public hearings, and increasing the number of judicial candidates submitted to the General Assembly from 3 to 6. That allows lawmakers more choices and doesn’t leave qualified candidates on the sidelines as when we only had three options.

The election of judges has come under scrutiny due to the perception that lawmakers, many of whom are lawyers, have undue influence over judges’ courtroom decisions.

The JMSC will consist of legislators and experienced non-legislative lawyers. Members of the commission would serve staggered two-year terms and will not serve more than two consecutive terms. Members currently serving on the commission who have served more than four years will not be eligible for reappointment. Term limits significantly reduce the appearance of impropriety by any lawyer/legislator on the JMSC. They have been criticized for having extraordinary influence over judges, who they may appear before in their private law practice.

House Judiciary Chairman Weston Newton said these changes mean no JMSC member can screen a judge for a second time when the judge is seeking reelection.

“No judge is going to be beholden to anybody,” Newton said. “Whether it’s real or perceived, it’s not there. You don’t get to stay long enough to where the judges continue to see you for a generation or must be good to you.”

Course-Correcting Process: A Citizens’ Judicial Qualifications Committee, created by the SC Bar Association, replaces an existing committee. Their Qualifications Committee will review judges’ performance at the midpoint of their 10-year term. This review would utilize electronic ballot box surveying or other forms of electronic surveys. Review results would then be forwarded to the Chief Justice and the JMSC at the following public screening of each candidate. 

Final Thoughts: SC is one of two states where the legislature elects judges. Over the past 14 years, I have asked every judicial candidate I have interviewed if there is a better way to select judges. Everyone agreed that SC does it right, but each suggested modifications to the process. The most important of those refinements have been included in this reform legislation.

LEGISLATIVE BRIEFS

Since the regular legislative session ended in mid-May, Conference Committees have worked to find common ground on versions of bills passed by both bodies. Last Wednesday, we passed and sent numerous bills to the Governor.

Sex Trafficking, Sexually Exploiting, and Luring Children

The General Assembly approved a bill that would expand the existing definition of sex trafficking to include the sexual exploitation of minors as well as promoting or participating in the prostitution of a minor. Under S.142, sex trafficking survivors would be given the right to raise duress and coercion as affirmative defenses to nonviolent offenses they committed as a direct result of their being trafficked. They also could not be convicted of any nonviolent offenses when investigations show these offenses were committed as a direct result of children being trafficked.

The conference committee added a new statutory criminal offense of adults luring, enticing, or attempting to lure or entice children with an intent to harm these children or for doing so for any other unlawful purpose. Offenders would face fines of up to $10,000 and imprisonment for up to 10 years.

Income Tax Deductions for Firefighters/Law Enforcement

This legislation is a well-deserved victory for first responders. The legislature approved a Conference Committee report that doubles the individual income tax subsistence allowance deduction for law enforcement officers, firefighters, and EMS personnel. S.969 also increases the maximum deduction for various volunteer emergency service members. An additional amendment allows counties to exempt unprepared food items from local transportation sales tax under certain conditions.

Uniform Money Services Act

This legislation (S.1031) establishes the Uniform Money Services Act, revising SC’s anti-money laundering provisions to protect the public from financial crime, standardizing the types of activities that are subject to licensing, and modernizing safety and soundness requirements to ensure funds are protected in an environment that supports innovative and competitive business practices.

Regulatory Reform for Universities & Colleges 

In my House Ways & Means Higher Education Subcommittee role, I championed this legislation sponsored by retiring Sen. Scott Talley. In the long term, S.314 will save millions of taxpayer dollars by streamlining the approval process for major higher education improvement projects. It can take up to four years to win final approval to build a campus project. That’s too long and results in a significant escalation of building costs over that time. This reform is much needed, and I was pleased to help move it to the finish line.

Child Care Requirements 

To further protect children, legislation (S.862) was approved and sent to the Governor to provide increased educational and pre-service training requirements for childcare workers. Operators of private childcare facilities must complete 15 hours of approved training every year for the first five years of operation, then ten annual hours for those with 6 and 20 years of experience. 

Updating Pharmacy Practices

The General Assembly voted to make some of the 2020 pharmacy provisions allowed during the pandemic permanent under the “Pharmacy Practice Act.” The bill (H. 3988) allows flu and COVID-19 testing in pharmacies, with pharmacists ordering and interpreting tests while trained technicians or interns handle swabbing. Certified pharmacy technicians would administer vaccines under direct pharmacist supervision. Individuals 16 and older could receive approved immunizations at pharmacies; those under 16 need a parent or guardian present with written consent.

Funeral Directors

Another bill on the way to the Governor would revise the licensing and regulations of funeral directors. Changes include enhanced continuing education requirements, prohibitions against aiding unlicensed individuals, and measures targeting unlawful fees. The bill (H. 4116) provides a more detailed definition of cremation, requires funeral home managers to live within 75 miles of the funeral home, and allows the display of funeral supply options to consumers through photographs or other representations.

Tax Incentives for Economic Development

The legislation (H.4087) expands the income tax credit provisions for establishing a corporate headquarters in SC. The legislation lowers the minimum investment threshold from $300 million to $100 million for a qualified recycling facility to be eligible for tax credits.  Batteries, solar panels, turbines and related structures are included in the “postconsumer waste material” definition for recycling facilities. 

Veto Override

The House has overridden the Governor’s veto of H.4248, which permits restaurant servers charged with delivering underage patrons’ beer, ale, porter, or wine to participate in conditional discharge orders after paying appropriate fees under this bill. Compliance with these orders would dispose of any pending criminal charges.

BUDGET APPROVED

Our daylong legislative session also approved the 24-25 state general fund budget totaling $14.45 billion. It accelerates tax cuts, invests in education, improves infrastructure, and supports law and order. This budget delivers a win for taxpayers, teachers, state employees, and everyone who dodges potholes while driving.

Want to know more? If so, check out my budget summary. Click Here: Whacking Your Taxes

The General Fund spending plan we passed focused on tax relief, education, infrastructure, and public safety investments.

These recent developments and efforts throughout the two-year legislative session underscore a commitment to a prosperous future for South Carolina.

Republicans led efforts during this session centered on bolstering economic growth, reforming education, reducing government intervention, promoting conservative values, and ensuring public safety. These priorities have guided our actions, laying the groundwork for a stronger and more prosperous South Carolina.

Click Here to Check Out Legislative Accomplishments

And Finally…The Debate Debacle

Watching the presidential debate was like watching a slow-motion car wreck.

One pundit wrote, “Joe Biden should not be trusted with the keys to the car, much less the reins of a nation.”

Democrat elites and their sycophant national media can no longer hide Biden’s senility. Millions of Americans saw it, and we can’t unsee it.

Our adversaries around the world also saw it. America’s vulnerability in leadership is evident to the world.

Joe must go.

For the sake of our nation, Biden should resign now, or the 25th Amendment must be invoked.

Yup, that makes Kamala the temporary President for the next few months. So be it. Dems will have to scramble to find a replacement candidate for Biden, and it won’t be her.

Donald Trump would face another opponent, which may make his winning more difficult. (I hope not.) It will also be difficult for some Democrat plucked from the “I wanna be President crowd” to convince voters they are ready and deserving after the bait and switch scheme.

But this moment is more than politics; it is about America’s strength of leadership now and in the years ahead.

For the sake of America, Democrats must do the right thing and do it now.

You may disagree, but it’s my view. Thanks for reading.

PHOTOS OF THE WEEK

Last Thursday evening, I spoke at the Aiken County Antique Tractor Association dinner. It’s a great group, and they serve a delicious carry-in dinner. My talk “plowed” through the sad state of America’s national politics. We wrapped it up in time to get home to watch the “Debate Debacle.”

Want to Know More?

Do you want to learn more about my positions, bill sponsorships, voting record, and past writings? Here are some handy links:

• About Me: https://taylorschouse.com/about-2/
• My Positions: https://taylorschouse.com/issues/
• Sponsored Bill & Voting Record: http://tiny.cc/b1pouz
• Recent Newsletters: https://taylorschouse.com/category/newsletter/

I’m Available & AT YOUR SERVICE 

It is my honor to be of service. Please do not hesitate to contact me if you need assistance navigating state government or have any thoughts or concerns about the legislature.

In Your Service,

Email: Bill@taylorschouse.com
www.TaylorSCHouse.com  

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