It looks like the Supreme Court has settled the issue and we won’t be in session today. I’m down here with very few collegues. There seems to be a commitment to amend the sine die resolution to include the restructuring bill, yet getting the necessary 2/3 vote will be a challenge.
Below is a statement from the President Pro Tempore on the resent 3-2 Supreme Court’s decision:
Statement of Senator Glenn McConnell

Columbia, SC – South Carolina Senate President Pro Tempore Glenn McConnell released the following statement tonight following the ruling by the state Supreme Court:

“There are two important points to be made about today’s ruling by the South Carolina Supreme Court:

First, this is a victory for a limited and constitutional government. What we saw today is an example of the system of separation of powers operating the way the founder’s designed it.

An equally important point to stress is this ruling is also a victory for reform. It simply means we will enact reform within the law and within our Republican form of government.

As I have said all along, I support the restructuring measures the Governor advocates. And I’m hopeful those issues can be addressed when the General Assembly returns to session on June 14.

As one Senator, I will support efforts to move restructuring forward by including them in the Sine Die Resolution. I hope that the Governor’s attempted unconstitutional actions to this point do not hurt efforts to give the executive more power.

Thanks to today’s ruling we can now all focus on achieving reform that is lawful and constitutional.”

So far, we know of 10 members of the Senate that will be in Columbia on Tuesday to make an effort to pass the restructuring bills. I never would have thought I’d see this, but lightning struck in the Senate Thursday as an amendment to eliminate the Budget & Control Board passed unanimously, but the clock ran out to get the final vote. I’m thinking this number will grow and we’ll get a quorum. The Supreme Court may decide the constitutionality of the special session, but we’ll be there ready to work should we find a way.

As Tom Davis puts it, “After 61 long years of administrative dysfunction, we have our foot on the throat of the Budget and Control Board. Let’s finish the job and kill the thing and put the power to execute our laws where it belongs — with the governor.”

Senators Say They Will return to Columbia on Tuesday

June 3rd, 2011

As you may know, Gov. Haley has called back the Legislature next week to work on some unfinished business, emphasizing on the bill to create the Department of Administration.

There’s a controversy as to her ability to do this. Attorney General Wilson states she has the authority. President Pro Tempore Glenn McConnell claims that according to the Sine Die resolution her actions are unconstitutional and has stated, “the Senate Chamber will be locked”. The Sine Die resolution does not include the bill to create the Department of Administration, and we don’t have the authority to debate it, however, the Senate Clerk tells me a new resolution is possible.

The speaker of the House has agreed with the Governor and is encouraging House members to return on Tuesday.

So, I plan on being in Columbia next week whether the Senate is called to order or not. I too, am disappointed that this crucial restructuring bill did not pass and am certainly willing to stay in the Capital until we get it done if it becomes possible.

A rule to prohibit Leadership PACs (Political Action Committee) in the SC Senate passed this week. I strongly opposed this rule change as I am convinced that political contributions are free speech.

Look at Sen. Jim DeMint’s Senate Conservatives Fund. By this PAC we now have 3 sound conservatives in the U.S. Senate: Rand Paul, Marco Rubio, & Pat Toomey.

Another objection is that the Senate rules are for the operation of the functions of the Senate. This is the first rule that applies to the conduct of a member outside the chamber.

As this was a vote late in the evening, only 40 members were present. This rule change required 31 votes to pass, so we only lost by one vote. After all the strong-arming, only 9 voted with me. Voting in opposition: Bright, Bryant, Cromer, Fair, Ford, Grooms, Martin (Shane), Massey, Verdin

S. 20, the immigration bill, was carried over for us to bring up a major restructuring bill, S. 3066. I  voted to carry over S. 20 for three reasons.  First, we have not seen a copy of a substantial new amendment to S. 20 and need to read and understand it before considering S. 20 further.  Secondly, we will have weeks to consider S. 20 when the Senate returns on June 14, 2011, according to the sine die resolution, so failing to consider S. 20 at this time does not mean S. 20 will not pass into law soon. 

In contrast,  we need to take up H. 3066 now to restructure state government with a Department of Administration, because the sine die resolution does not allow H 3066 to be taken up when the Senate reconvenes on June 14, 2011 or anytime during this year after today.  Thus, the only possible way to get H 3066 passed by the Senate this year is to consider it now during the remaining 3.5 hours of today’s Senate session.  We cannot consider both H 3066 and S 20 today as there is not enough time to do  so.  I opt to consider H  3066 today, the last day we can do so this year, and to consider S 20 in two weeks after we have reviewed the new amendment to S 20.