The 124º The South Carolina General Assembly session will be convened on January 12, 2021, marking the first year of a two-year legislative session. House and Senate legislators began to present the legislation on December 9 and 16, presenting more than 800 bills to date.
Republicans in the Senate now hold a super-majority with a margin of 30-16. Republicans in the House also retained control of the House, winning two seats in the 2020 election, taking the composition of the House to 81 Republicans and 43 Democrats.
Issues likely to be at the forefront of the 2021 legislative session include:
Expenses
As a result of the reduction of the 2020 legislation and concern about the economic consequences of COVID-19, lawmakers passed a continuous resolution (CR) to finance the state government on July 1 this year and will review whether they leave the CR in effect for remaining six months of the fiscal year, or to approve a new budget to govern the state by June 30, 2021. Legislators must also work out a budget for 2021-22 when they return, with the Council of Economic Advisers currently forecasting sub-normal projections recurring revenues of less than $ 50 million in the fiscal year beginning July 1, 2021.
Another budget-related item that may dominate members’ turnaround time is to prioritize another allocation of funding under the CARES Act if Congress sends additional COVID-19 relief funding to states in 2021.
Redistricting
Upon completion of the 2020 census, the South Carolina legislature is expected to begin redesigning the state’s district maps that will determine the districts of all 170 lawmakers and the seven members of the state’s Congressional delegation. Although the redistricting process does not need to be completed by 2022, legislators, specifically the Judicial Committees of the House and Senate, will begin this process in early 2021 so that they have enough time for the committee and the plenary debate, as well as for the necessary approval from the Department of Justice and any legal challenges that may arise before the maps are finalized.
Santee Cooper
An issue that has dominated the General Assembly in the past four sessions is likely to remain on the front lines as well in 2021, as lawmakers continue to debate whether to sell, manage or reform state utility Santee Cooper. Santee Cooper’s leadership has been rebuked numerous times by the House and Senate leadership in recent months, as lawmakers believe Santee Cooper is violating the provisions of Law 135, which does not allow them to sign new contracts while the legislature debates the fate public service. The Santee Cooper Ad Hoc Committee is scheduled to meet in December to start these discussions.
Fetal heartbeat
A bill to ban abortion as early as the sixth week of pregnancy could become law in South Carolina in early 2021, with Republicans increasing their majority in the House and Senate. Similar legislation passed the House last year and went through the Senate committee process, but was paralyzed in the Senate floor before the legislative session ended abruptly due to COVID-19. Several newly elected members campaigned on the promise to end abortion in the state, and legislation to do just that has already been introduced in both chambers. Although it is likely to face a number of legal challenges if passed, Governor McMaster has promised to sign the legislation if it reaches his desk.
Hate crimes legislation
South Carolina is one of three states that currently has no hate crime legislation, an issue that several lawmakers and advocacy groups have vowed to make a major issue in 2021.
After George Floyd’s death in May, Mayor Jay Lucas appointed a special committee to begin examining the necessary criminal justice reforms in the state, with a subcommittee charged with specifically examining hate crime legislation. After several years of failed attempts to make something work, the momentum seems to be building for the passing of hate crimes legislation in 2021.