Institute for Legislative Analysis

William G. Herbkersman

This bill reforms the state's certificate of need laws which limit the construction and expansion of healthcare and nursing homes. Under the bill, most healthcare facilities, except for hospitals and nursing homes, are no longer required to obtain a certificate of need before constructing or expanding a facility. The requirement for hospitals expires in 2027. Support is the Limited Government Position as, while the bill does increase licensing requirements on ambulatory surgery centers related to providing indigent/charity care, this measure serves as a step in the right direction to expanding access and competition within the healthcare and nursing home sector. Ultimately, this competition results in lower consumer prices and greater quality.

Expanding Competition by Eliminating Anti-Competitive "Certificate of Need" Regulations for Most Healthcare Facilities.

This bill imposes a litany of new regulations on pharmacy benefit managers (PBMs). Most importantly, the bill prohibits PBMs from "directly or indirectly" steering patients to pharmacies affiliated with the PBMs, unless certain disclosures and information about other pharmacies is provided to patients. Oppose is the Limited Government Position as the nation witnessed first-hand the disastrous consequences and cost of growing government regulatory power in healthcare (i.e. Obamacare). Instead of working to promote a freer market through regulatory reduction, lawmakers added a series of new layers of regulations through this measure, including utilizing government to provide local pharmacies with more favorable outcomes in their private contract negotiations with PBMs.

Growing Government Interference in the Healthcare Industry Through a Series of New Mandates on Pharmacy Benefit Managers Concerning "Patient Steering".

This bill increases the number of assistants an anesthesiologist may supervise from two to four. Support is the Limited Government Position as this bill reduces the staffing shortages at hospitals and improves the ability of patients to receive attentive and timely treatment.

Reducing Healthcare Staffing Shortages by Allowing Anesthesiologists to Supervise Additional Assistants.

This bill prohibits the Department of Health and Environmental Control from denying a property owner the right to repair or replace a well or septic tank on their property solely because another water and/or sewer service is available. Support is the Limited Government Position as this bill strengthens property rights and protects property owners from government overreach.

Strengthening Property Rights by Ensuring Landowners Have the Ability to Replace their Wells and Septic Tanks and are Not Forced to Utilize Public Utilities.

This bill, the "ESG Pension Protection Act," prohibits the consideration of ESG (environmental, social, and governance) in state investment strategies, including for the state pension system. Investment strategies based on ESG result in reduced financial returns for taxpayers. Support is the Limited Government Position as all public investment actions should be based on producing the maximum return and value for taxpayers, not advancing political or social agendas.

Protecting Taxpayers by Prohibiting ESG (Environmental, Social, and Governance) Considerations in State Investment Strategies.

This bill, the "Clementa C. Pinckney Hate Crimes Act," provides for enhanced penalties for violent crimes and assault by mob in the second degree when the victim was selected because of certain characteristics, such as race, religion, sex, or sexual orientation. The bill provides for an additional fine of up to $10,000 and additional imprisonment of up to 5 years. Oppose is the Limited Government Position as hate crimes and other penalty enhancements go against equal application of justice under the law by providing certain individuals with greater protections than others.

Fueling Unequal Application of the Law by Providing Enhanced "Hate Crime Penalties" for Actions Against Individuals of Select Races, Religions and Sexual Orientations.

This bill establishes an "Illegal Immigration Enforcement Unit" "to enforce immigration laws as authorized pursuant to federal laws and the laws of this State." The bill also directs the state Law Enforcement Division to "develop an illegal immigration enforcement training program" for local law enforcement agencies. Support is the Limited Government Position as the promotion of an open-border immigration system places an immense strain on U.S. infrastructure and taxpayer resources, ranging from welfare to the education system, while also creating serious national security and human trafficking issues. Lawmakers should focus on growing the U.S. economy through reforms to the immigration system that both increase the number of skilled individuals who may enter and work in our country and reduce human trafficking across our borders.

Strengthening National Security and Helping to Combat Illegal Immigration and Human Trafficking Through an "Illegal Immigration Enforcement Unit".

This bill appropriates over $1.29 billion to the Department of Commerce for incentives to lure Scout Motors, an electric vehicle subsidiary of Volkswagen, to build a factory in the state. This includes over $1 billion for land acquisition, site improvements, and other uses, as well as $200 million to loan for soil stabilization. The funds for the bill will come from the state's 2021-2022 Contingency Reserve Fund and projected 2022-2023 general fund surplus. Oppose is the Limited Government Position as this cronyism benefits a single government-favored company while shifting tax burdens onto other businesses and industries not favored by government. Instead of this cronyism, lawmakers should lower tax rates for all businesses and empower the free market to expand economic growth.

Expanding Cronyism by Channeling Over $1.29 Billion in Taxpayer Funds to Enrich Electric Vehicle Manufacturer Scout Motors.

This motion tables (defeats) the Magnuson amendment #3 to a resolution which appropriates over $1 billion, including over $586 million in federal American Rescue Plan Act (ARPA) funds for grants for water, wastewater, and storm water infrastructure projects. The Magnuson amendment prohibits any of the ARPA funds from being "expended to hire or consult with a lobbyist or a lobbyist principal." Oppose is the Limited Government Position as taxpayers should not be forced to fund lobbyists or lobbying operations - which typically seek even greater amounts of spending or government intervention.

Fueling Cronyism by Allowing Taxpayer Funds to Be Used to Hire Lobbyists for Water Infrastructure Projects.

This bill allows the sale and consumption of alcohol inside airport terminals. Businesses must hold a license for on-premises consumption in order to sell alcohol. Support is the Limited Government Position as this bill expands consumer choice and individual liberties while also generating additional sales tax revenue for taxpayers.

Expanding Individual Liberties and Tax Revenue by Allowing the Sale and Consumption of Alcohol in Airports.

This bill allows localities to use up to 15% of local accommodations tax revenue for "workforce housing, which must include programs to promote home ownership." Under the bill, this includes housing for individuals with income up to 120% of the local median income. Oppose is the Limited Government Position as this bill fuels cronyism by enriching select developers through government central planning. Instead of growing government and central planning, lawmakers should empower the free market to make housing truly "affordable" by reducing stringent zoning regulations.

Growing Cronyism and Government Central Planning by Allowing Localities to Now Utilize Tax Revenue for Workforce Housing.

This bill, the "Short Line Railroad Modernization Act," establishes a tax credit for railroad companies equal to 50% of railroad reconstruction or replacement expenses (up to $5 thousand per mile of track owned or leased in the state). This credit may be used for individual, corporate, and bank income taxes, as well as insurance premium taxes. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with the lowest rates possible for everyone. This central planning and tax cronyism further enriches the renewable energy industry while shifting tax burdens onto other individuals and businesses.

Expanding Cronyism and Corporate Welfare Through a New Tax Credit for Railroad Companies.

This bill extends the tax credit for contributions to the Industry Partnership Fund at the South Carolina Research Authority for an additional two years and increases the maximum annual amount of credits available under the program from $9 to $12 million. This program allows a credit against income and bank taxes, license fees, and insurance premiums equal to 100% of contributions to the fund, which provides "coaching, grants, investments, and other types of support for technology startups and for academic research and development." Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with the lowest rates possible for everyone. Furthermore, the free market - not central planning by government bureaucrats - is best equipped to drive economic growth.

Worsening Cronyism and Government Central Planning by Extending and Increasing the Industry Partnership Fund Tax Credit.

This bill exempts annual and monthly golf club dues from the state's 5% tax on "admissions to places of amusement." Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with the lowest rates possible for everyone. While the "admissions" tax should be eliminated entirely, the tax cronyism enacted under this measure provides special benefits and advantages to the golf industry while shifting tax burdens to all other industries and companies that do not share the same business model.

Diluting the Tax Base and Shifting Tax Burdens by Providing a Select Exemption to the Admission Tax for Golf Club Dues.

This bill increases the maximum annual amount of rebates available for motion picture production companies under the South Carolina Motion Picture Incentive Act to $30 million (previously $10 million). Additionally, any unused rebates may be carried forward to three years. The bill also establishes an income tax credit for pre- and post-Broadway theater productions equal to 30% of production, performance, and transportation expenses, with a maximum annual amount of $2 million. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with the lowest rates possible for everyone. This measure's tax cronyism merely enriches woke Hollywood film producers at the direct expense of everyday South Carolinians. Instead of this central planning scheme, lawmakers should instead provide a broad tax cut across all industries, which will allow the free market to provide far greater job and business growth.

Enriching Woke Hollywood Producers by Increasing Taxpayer Subsidies for TV Series and Movie Production Costs to $30 Million.

This section of the annual appropriations bill provides over $3 million to the Commission on Minority Affairs, which "identifies and examines emerging issues and trends by providing constructive solutions and approaches to support the policy and socio-economic development of ethnic minority communities." Oppose is the Limited Government Position as this entity serves as an unnecessary bureaucracy. It is the role and duty of government to treat individuals of every background equally, and taxpayers should not be forced to fund commissions for select interests. Additionally, the state must pursue every available avenue to rein in its out-of-control spending, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Fueling Out-of-Control Spending Through an Unnecessary $3 Million Appropriation to the Commission on Minority Affairs.

This bill, the Fiscal Year 2024 Operating Budget, represents a 12.6% increase over the prior year's budget. Some of the major spending initiatives within the bill include over $74 million in higher education scholarships, assistance, and tuition grants, $75 million for a veterinary school at Clemson University, over $35 million for tourism sales and marketing, and over $24 million for the state film office. Oppose is the Limited Government Position as the budget is chock-full of wasteful and unnecessary spending initiatives (as mentioned above) which directly violate limited government principles and far exceed the basic and necessary functions of government. For example, instead of forcing taxpayers to further subsidize things like the career paths of select individuals and woke college campuses, lawmakers could have made the state much more economically competitive by lowering the corporate tax rate. The state must pursue every available avenue to rein in its out-of-control spending, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Fueling Out-of-Control Spending Through a $38.8 Billion Budget (12.6% Increase) with Countless Provisions that Further Grow the Size and Scope of Government.

This bill contains several provisions relating to contractor licensing. Under the bill, the threshold for a project requiring a licensed contractor is increased from $5,000 to $10,000. Additionally, the bill doubles the maximum project value limits for each class of contractor and mechanical contractor, allowing contractors to be able to complete larger projects. Support is the Limited Government Position as this bill expands competition and lowers consumer costs by reducing regulatory barriers.

Expanding Competition and Cutting Consumer Costs by Increasing the Threshold from $5k to $10k for a Project Needing a Contractor License.

This bill, the "South Carolina Conservation Enhancement Act," again directs 25 cents of each $1.30 of the state's deed recording fee to the South Carolina Conservation Bank Trust Fund, as was previously the case until 2018. Therefore, the amount of the fee deposited in the state's general fund is reduced. According to the bill, restoring this funding "builds on the goal of doubling our protected lands by 2050, our state's commitment to conservation, and the continued preservation of our state's resources." Oppose is the Limited Government Position as the private sector is best equipped to manage and maximize land utilization - including for parks. Further growing government control and ownership of land merely drives up taxpayer costs and leads to further government spending initiatives.

Further Growing Government's Unsustainable Land Holdings by Directing Funds to the South Carolina Conservation Bank Trust Fund.

This section of the annual appropriations bill includes over $9.2 billion in funding for the Department of Health and Human Services. Included in this amount are multiple wasteful provisions and programs, including rural healthcare and health intervention programs. Oppose is the Limited Government Position as the state must pursue every available avenue to rein in its out-of-control spending, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Fueling Out-of-Control Spending Through a $9.2 Billion Appropriation to the Department of Health and Human Services.

This section of the annual appropriations bill includes over $259 million in funding for the Housing Finance and Development Authority. Included in this amount is over $17 million for rental assistance, over $1.2 million for housing credits, and over $5.8 million for homeownership programs, including mortgage production and servicing. Oppose is the Limited Government Position as the state must pursue every available avenue to rein in its out-of-control spending, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Fueling Out-of-Control Spending Through a $259 Million Appropriation to the Housing Finance and Development Authority.

This bill, the "South Carolina Transparency and Integrity in Education Act," places restrictions on the instruction of divisive topics in public school classrooms such as Critical Race Theory (CRT). For example, the bill prohibits instruction or usage of materials which convey that one ethnicity is inherently superior to another, or that a person is responsible for past actions of others due to their sex or race. The bill also includes specific rights for parents, such as access to curriculum, instructional, and library materials, and allows parents to contest instructional and library materials. Parents may also withdraw their child from any instruction the parent objects to. Additionally, the bill prohibits schools from accepting any teaching materials or technology that includes pornography. Finally, the bill prohibits school employees or volunteers from being requiring to attend any instruction or training on gender roles and related topics. Students may not attend such instruction or training without parental permission. Support is the Limited Government Position as the public education system should be solely utilized to promote excellence in core subject fields such as reading, mathematics, and the sciences, as well as to prepare children for their careers. Schools should be held accountable to parents, and measures such as this bill are crucial to ensure classrooms are not weaponized to advance any political or social agendas onto children. Strong parental rights in their child's education are a critical element of a free society.

Strengthening the Integrity of the Public Education System by Prohibiting Instruction on Divisive Concepts Such as Critical Race Theory (CRT).

This bill establishes an "open enrollment program" which allows students to attend schools within districts they are not residents of. The program does not cover charter schools, and residents may not be displaced by outside students. Support is the Limited Government Position as this measure, generally viewed as a "moderate parent choice bill," serves as a strong step in the right direction of building a "market in education" which improves educational outcomes for all students by driving competition.

Expanding School Choice Through the Creation of an "Open Enrollment Program" which Allows Students to Attend Schools within Districts they are Not Residents.

This section of the annual appropriations bill provides over $138.5 million to the Department of Parks, Recreation and Tourism for purposes such as tourism sales and marketing and the state film office. Oppose is the Limited Government Position as promoting tourism is not a core nor necessary function of government. The free-market and private industry - not central planning by government bureaucrats - is many times more effective in attracting visitors to the state and growing the economy. Additionally, the state must pursue every available avenue to rein in its out-of-control spending, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Fueling Tens of Millions in Wasteful Spending Through $138 Million in the Appropriations Bill for the Department of Parks, Recreation and Tourism.

This section of the annual appropriations bill provides over $131.2 million to the Department of Commerce for purposes such as various economic development programs. Oppose is the Limited Government Position as the free market - not central planning tax schemes by bureaucrats - is the best mechanism to direct investment to the most promising initiatives and regions of the state. Additionally, the state must pursue every available avenue to rein in its out-of-control spending, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Fueling Tens of Millions in Wasteful Spending Through $131.2 Million in the Appropriations Bill for the Department of Commerce.

This section of the annual appropriations bill provides over $1 million to the Jobs-Economic Development Authority, a "quasi-public instrument" with a purpose of "assisting in the  financing of public and private projects." Oppose is the Limited Government Position as it is not the role of government to engage in financial lending for private business endeavors. Additionally, the state must pursue every available avenue to rein in its out-of-control spending, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Fueling Out-of-Control Spending Through an Unnecessary $1 Million Appropriation to the Jobs-Economic Development Authority.

This motion tables (defeats) the Henderson-Myers amendment #2a to the annual appropriations bill. The Henderson-Myers amendment establishes a committee to study the potential impact of expanding Medicaid (government-provided healthcare) and to propose legislative and regulatory changes. Support is the Limited Government Position as expanding Medicaid further traps individuals into government dependency by growing benefits under the government welfare state. The state must pursue every available avenue to rein in its out-of-control spending, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Protecting Taxpayers by Blocking an Attempt to Study the Expansion of the Medicaid Welfare Program in South Carolina.

This motion tables (defeats) the A.M. Morgan, May, Magnuson, and Pace amendment #51 to Part 1B, Section 14 of the annual appropriations bill. This amendment prohibits Clemson University from using any funds in the bill to require mandatory diversity training or ask prospective job or student applicants to provide diversity statements. The university also must provide the legislature with a report listing how many positions are associated with DEI and the total costs. Oppose is the Limited Government Position as it is a role for taxpayers to fund K-12 education - not advanced degrees for select individuals who decide to pursue higher education. This bill serves as a step in the right direction to protecting taxpayers and reducing politicalization at state colleges and universities.

Allowing Clemson University to Use Public Funds to Implement "Diversity, Equity, and Inclusion" Initiatives

This motion tables (defeats) the Beach amendment #72 to Part 1B, Section 1 of the annual appropriations bill. The Beach amendment prohibits public schools and school districts from using any funds in the bill "to offer students any incentive or inducement to receive a vaccination." Oppose is the Limited Government Position as this measure helps protect individual liberties by ensuring it is parents - not government - making the medical decision on whether or not to vaccinate their child against COVID-19.

Allowing Public Schools to Provide Students Incentives to Receive a Vaccination such as COVID-19.

This motion overrides the Governor's veto of a bill which reduces financial auditing requirements for municipalities. Under the bill, municipalities with annual revenue under $500,000 are no longer required to submit annual, independent audits, but may instead provide a compilation of financial statements. Municipalities over the revenue threshold are only required to provide an audit of financial statements, as opposed to "all financial records and transactions of the municipality and any agency funded in whole by municipal funds," as was previously required. The bill also eliminates the requirement that the audit or compilation include "a review of the accounting controls over the collection, reporting, and distribution of fines and assessments from the point of collection to the point of distribution." Oppose is the Limited Government Position as this bill weakens government transparency and accountability by reducing the ability to hold local officials accountable.

Weakening Government Transparency and Accountability by Reducing the Financial Audit Requirements Municipalities Must Meet.

This bill enacts an Education Scholarship Trust Fund program, which allows up to 5,000 current public school students or students entering public kindergarten (increased to 10,000 in 2025 and 15,000 in 2026) with a household income up to 200% of the federal poverty guidelines (increased to 300% in 2025 and 400% in 2026) to receive funding for educational expenses such as tuition at a private school, textbooks, and tutoring. Support is the Limited Government Position as this bill improves educational outcomes for all students by fostering competition and a market in education, which encourages schools to provide the best education so they can attract parents to enroll their child and receive the associated funding.

Expanding School Choice Through the Creation of an Education Scholarship Trust Fund Program.

This motion tables (defeats) the Garvin amendment #13 to a bill that enacts "constitutional carry". The Garvin amendment requires all private firearm sales undergo background checks conducted by a licensed dealer. Sales by vendors at gun shows also require background checks, and the State Law Enforcement Division (SLED) must approve of the transfer. Support is the Limited Government Position as James Madison and our nation's other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. This measure also places a new cost and burden on purchasing a firearm, which countless studies have found does nothing to deter criminals from continuing to engage in unlawful behavior.

Protecting Second Amendment Rights by Blocking a Mandate that Private Firearm Sales Undergo Background Checks.

This bill contains several provisions related to the release of individuals charged with violent crimes and felonies involving a firearm. Most notably, the bill provides that if a person charged with a violent crime or felony involving a firearm is already out on bond for another such offense, the original bond must be revoked and a hearing held. If a new bond is granted, the full amount of the bond must be posted, rather than 10%, as is normally required. If the person is already out on bond for two such offenses, the full amount of the bond must be posted and a bond company may not be used. Additionally, the bill makes it a felony to commit a violent crime while on pretrial release for another violent crime, with judges able to impose a sentence of up to 5 years in prison either concurrently or consecutively. The bill also requires that when determining whether to grant pretrial release or conditions for release, courts must consider whether the person is already out on bond for another offense. Finally, courts are also allowed to order electronic monitoring rather than, or in addition to, bond. Support is the Limited Government Position as protecting property rights and ensuring public safety serve as essential components of government. Unfortunately, this bill is especially necessary due to many so-called criminal justice "reforms" which have led to skyrocketing crime rates and are being advanced in state legislatures by George Soros and other radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle.

Strengthening Law and Order Through Changes to Pre-Trial Bail Laws for Repeat Violent Offenders and Felonies Involving Firearms.

This bill, the "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2023," authorizes qualifying adults 18 years and older to carry a firearm without having to obtain a special permit from the state - a measure commonly referred to as "constitutional carry". The bill also establishes mandatory minimum sentences for second (5 years) and third (10 years) convictions for unlawful firearm or ammunition possession due to a previous felony conviction. Support is the Limited Government Position as James Madison and our nation's other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. This measure helps reduce unnecessary barriers for lawful individuals wishing to exercise their Second Amendment rights, barriers which do nothing to deter criminals from engaging in unlawful behavior.

Strengthening Second Amendment Rights by Enacting "Constitutional Carry" thus Allowing Qualified Adults 18 and Older to Carry a Firearm without a Special Permit.

This bill exempts feminine hygiene products from the state's sales tax. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with the lowest rates possible for everyone. While well intentioned, this measure ultimately dilutes the tax base and shifts tax burdens onto other products and individuals not favored by government. Instead of merely engaging in tax cronyism, lawmakers should work to make all products more affordable for consumers by significantly cutting government spending.

Diluting the Tax Base and Shifting Tax Burdens onto other Products and Individuals Through a Special Sales Tax Exemption for Feminine Hygiene Products.

This motion tables (defeats) the Cromer amendment #6 to a bill amending the Corporate Headquarters Tax Credit. The Cromer amendment eliminates a provision in the bill that limited the sale or exchange of tax credits to businesses with a headquarters in the state and primary business in certain areas, such as research and development, semiconductors, or pharmaceuticals. Oppose is the Limited Government Position as this cronyism enriches select companies, industries, and individuals while shifting tax burdens onto others not favored by government. The free market - not central planning by government bureaucrats - is the best mechanism to drive investment and expand economic growth.

Growing Cronyism by Striking the Fiscal Safeguards Surrounding the Corporate Headquarters Tax Credit.

This bill extends the Community Development Tax Credit for an additional 6 years, until June 30, 2029. This program allows a tax credit against income and bank taxes, license fees, and insurance premiums equal to 33% of investments in, or 50% of contributions to, community development corporations and community development financial institutions. Oppose is the Limited Government Position as, while this measure does not increase the aggregate limit on the amount of tax credits available, all state and local tax codes should be constructed in a broadly applied manner with the lowest rates possible for everyone. Furthermore, the free market - not central planning by government bureaucrats - is best equipped to drive economic growth.

Worsening Cronyism by Extending the Community Development Tax Credit which Enriches Select Companies.

The Bannister, Herbkersman, Whitmire, Stavrinakis, Lowe, Ballentine, Crawford, Moss, and Murphy amendment #1A to the annual appropriations bill. The amendment contains funding for numerous pet projects and increases higher education spending. Oppose is the Limited Government Position as this amendment is chock-full of countless wasteful and unnecessary spending initiatives which directly violate limited government principles and far exceed the basic and necessary functions of government. The state must pursue every available avenue to rein in its out-of-control spending, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Amending the Appropriations Bill to Increase Spending on Countless Lawmaker Pet Projects and More Subsidies for Higher Education.

This motion tables (defeats) the A.M. Morgan, May, Magnuson, and Pace amendment #34 to Part 1A, Section 8 of the annual appropriations bill. The amendment reduces funding to the South Carolina Educational Television Commission (SCETV) by over $649,000. SCETV has an extensive programming schedule with multiple channels. Oppose is the Limited Government Position as South Carolina ETV is an unnecessary entity which merely competes with the private sector. The state must pursue every available avenue to rein in its out-of-control spending, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Increasing Fiscal Responsibility by Reducing Funding to the Educational Television Commission by Over $649,000.

This motion tables (defeats) the Magnuson amendment #71 to Part 1B, Section 117 of the annual appropriations bill. The Magnuson amendment requires each state agency to "conduct a study on how to reduce their annual budgets by eliminating waste, duplication, failed or ineffective projects, and fraud or misuse of taxpayer funds." Each agency is required to "identify possible reductions" of at least 5% of the funds. Oppose is the Limited Government Position as agency budgets are chock-full of countless wasteful and unnecessary spending initiatives which directly violate limited government principles and far exceed the basic and necessary functions of government. The state must pursue every available avenue to rein in its out-of-control spending, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Blocking an Amendment which Required State Agencies to Identify Waste, Fraud, and Abuse of Taxpayer Funds and Reduce Agency Spending by 5%.

This section of the annual appropriations bill includes over $9.4 million in funding for the Arts Commission. Oppose is the Limited Government Position as providing funding for the arts is not a core nor necessary function of the government, rather a role of the private sector through foundations and philanthropy. The state must pursue every available avenue to rein in its out-of-control spending, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Fueling Out-of-Control Spending Through a $9.4 Million Appropriation to the Arts Commission.

This bill, the "Earn and Learn Act of 2023," contains several provisions related to occupational licensing for individuals with prior criminal convictions. Most notably, the bill specifies that a person may not be denied an occupational license solely based on a prior criminal conviction "unless the criminal conviction directly relates to the duties, responsibilities, or fitness of the occupation or profession," rather than "directly relates to the profession or occupation." Licensing boards also may not use "vague or generic terms", such as "moral turpitude" or "good character" or consider charges that were dismissed, not prosecuted, or for which the person was found not guilty "as a justification for denying an applicant a license". Additionally, a licensing board may not deny a license based on a person's prior criminal conviction unless the person has the opportunity to appear for a hearing. Finally, the bill requires licensing boards to issue an initial license to individuals who complete an apprenticeship program with a "similar scope of practice" and completes the same requirements as other applicants, including any required examinations. Support is the Limited Government Position as this bill serves as a step in the right direction to reducing unnecessary employment barriers. Ultimately, the private sector, via certifications, rating systems, and the free market, is much better equipped to provide consumer protection while also ensuring competition and low consumer costs. Most government licensing entities are overly restrictive and are largely advocated by special interests seeking to restrict competition in the marketplace.

Combatting the Practices of Overzealous Government Licensing Boards by Ensuring Individuals are Not Denied a Solely for a Criminal Conviction that is Unrelated to their Profession.

This bill, the "Omnibus Tobacco Enforcement Act of 2023," prohibits local governments from imposing additional regulations on tobacco, vaping, and nicotine products. This includes regulations of ingredients, flavors, or licensing related to cigarettes, vaping devices, and nicotine products. Support is the Limited Government Position as tobacco usage is an individual liberty. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Strengthening Individual Liberties by Prohibiting any Additional Local Regulations on Tobacco, Vaping, and Nicotine Products.

This motion tables (defeats) the May amendment #13 to the Statewide Education and Workforce Development Act, which establishes the Office of Statewide Workforce Development. The May amendment prohibits the state and local governments, non-profits, and quasi-governmental groups from spending state or federal funds on "any entity for a workforce development project that engages in diversity, equity, and inclusion practices." Oppose is the Limited Government Position as this motion blocks an effort to help protect taxpayer funds from being utilized to promote politicized DEI efforts which sow division amongst Americans and are intended to further grow the role of government.

Allowing Taxpayer Funds to be Utilized for Politicized "Diversity, Equity, and Inclusion" Workforce Programs.

This bill expands the income tax credit for the purchase, construction, or installation of alternative fuel property to also include leased property. The bill also expands the definition of "alternative fuel" to include electricity. This tax credit is equal to 25% of the cost for equipment such as pumps, compressors, and storage tanks. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with the lowest rates possible for everyone. This central planning and tax cronyism further enriches the renewable energy industry while shifting tax burdens onto other individuals and businesses.

Expanding the Crony Tax Exemptions Provided to Certain Government-Favored Alternative Fuel Projects.

This bill expands the property tax exemption for renewable energy resource property by removing the limitation that the capacity be 20kW or less. As a result, larger renewable energy generators are eligible for the property tax exemption. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with the lowest rates possible for everyone. The central planning and tax cronyism, which is expanded under this measure, enriches the renewable energy industry while shifting tax burdens onto other property owners.

Hiking Property Tax Rates by Expanding the Crony Tax Exemptions Provided to Certain Government-Favored Renewable Energy Projects.

This resolution authorizes up to $29.8 million in unused low income tax credits and $25 million from the South Carolina Housing Trust Fund "to provide supplemental financial support to projects" that have seen cost increases. Oppose is the Limited Government Position as this bill fuels cronyism by enriching select developers through government central planning. Instead of growing government and central planning, lawmakers should empower the free market to make housing truly "affordable" by reducing stringent zoning regulations.

William G. Herbkersman

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