COVID-19, education, police reforms among SC Black Caucus priorities, lawmakers say

When members of the South Carolina Legislature return for a new session come January, an already Republican-controlled legislative body will have extended its powers, undoubtedly spearheading reform that aligns with the majority party’s agenda.

However, members of the state’s Legislative Black Caucus say this GOP-shift will have no impact on their efforts to continue to push legislation tackling their longstanding priorities in the State House, including health care, rural infrastructure, the unemployment rate, education, and supporting historically Black colleges and universities — all issues made even more urgent due to the COVID-19 pandemic.

Two other Black Caucus priorities — law enforcement reform and adopting a hate crime law — are also ones Republican leaders are considering, which could help any related legislation gain traction.

“Those are the real issues, that folk don’t get bogged down in issues that suits one group over another, but we actually get involved in issues that’s going to affect the overall life and welfare of individuals,” said state Sen. John Scott, D-Richland.

They are issues even more prevalent in the rural, low-economic corners of the state as well as within minority communities, lawmakers said.

“I would hope we continue to focus on those economic and educational issues that really plagued the Black community and have really ... made that income disparity gap much wider as a result of COVID,” Rep. Wendy Brawley, D-Richland, said.

“Many of our folks are losing their homes. Many of them can’t pay their rent. It’s just a bad situation economically for a lot of people but especially for the Black community,” she added.

Incoming chair of the Black Caucus Rep. Pat Henegan told The State that part of her responsibility as the group’s leader is setting up committees, drafting legislation and getting lawmakers from both sides of the aisle on board with legislation, conveying how their proposals are not simply to serve the Caucus’ interests but those of the legislative body.

“One of the things that I have found that you have to make people see that there’s a problem before you can handle it,” the Marlboro Democrat said. “You can’t just say this is a problem for us. It’s a problem for the United States of America. It’s a problem for South Carolina.”

“We have to make sure that we work across the board, because let’s face it, we are not the majority, we are the minority.”

However, not lost on members are the implications of the Republican shift in power, which could draw an even sharper focus on key GOP-led efforts that have dominated the attention of the Legislature in years prior such as a near-complete abortion ban. Republicans also will have more power in shaping the state’s upcoming redistricting plan.

And the Richland Democrat said it will be a “challenging year” in the General Assembly particularly as members focus on issues left undone from the past session, including the state’s budget and the ongoing impact of the coronavirus on the state’s education system and economy.

Often when there are so many priorities, we tend to be on the “back burner,” Brawley said.

Ensuring Caucus priorities go beyond ideas to concrete legislation will require compromise on both sides of the aisle, Sen. Scott said, adding the momentum and mood of the country against the backdrop of the Biden-Harris win will serve as an example of how leaders of different political ideologies can work together.

“We always had friends and partners who fought the same way we did … and so in terms of agenda, the agenda remains the same, just the players change,” Scott said.

“I’m not interested in just bickering,” he added.

The Richland Democrat said he will continue to encourage members to form bipartisan coalitions in order to “get something done.”

Outgoing Black Caucus chairman, Rep. Jerry Govan, said members still have “leverage” in the body, and a few additional GOP seats won’t impact their mission.

Sen. Floyd Nicholson, of Greenwood, was the only Black Caucus member to lose his seat following last week’s election.

“Even though they still hold a majority, if they want to get some of their priorities through, there’s going to have to be some compromise in terms of their priorities as well,” Govan, of Orangeburg, said. “I’m optimistic that if we can work together as a caucus and members stick together, then we should have a successful upcoming session under the new administration.”

With the formation of the S.C. House Equitable Justice System and Law Enforcement Reform Committee by House Speaker Jay Lucas, R-Darlington, in June, members say they are confident that the renewed attention on criminal justice reform stemming from protests earlier this year is indicative of the work that can be done when they have a seat at the table.

“One of the things I have realized is that the speaker tries his best to work across the board with people on issues,” Henegan said. “I sincerely believe he will do everything ... in his capabilities ... and we’re going to have to work across the House. Let’s just face it.”

The 18-member, bipartisan panel of lawmakers has already begun meeting, tasked with addressing four areas of criminal justice reform: police training, tactics, standards and accountability; civil asset forfeiture; the criminal process and procedure as well as sentencing reform.

Members say they have received some reassurance from House GOP leadership that their initiatives, including comprehensive hate crime legislation, will be a part of the Legislature’s agenda in the spring, possibly included in a criminal justice reform package.

“The subcommittee has been meeting. A proposal for the full committee to consider will be forthcoming,” House Majority Leader Gary Simrill, R-York, and co-chair of the special committee, said in a statement to The State. “Mr. Rutherford and I will schedule that meeting as quickly as possible.”

House Minority Leader Rep. Todd Rutherford, D-Richland, told The State he does expect hate crime legislation to pass next session.

“There are talks of trying to make sure that South Carolina is not looking like the last to recognize where the world is. I’ve talked to leadership on the other side of the aisle about how we’re going to fix something, get something right,” Rutherford said, who, too, co-chairs the bipartisan committee.

“Most people agree we’ve got to do something. We can’t continue to do nothing.”

However, some of those conversations were had prior to the election, Brawley said, adding, “who knows what the sentiment will be.”

“Hopefully they’re serious,” Brawley said. “We don’t have the numbers but we have the will if they’re willing to work with us.”

There have been previous efforts in the Senate to tackle criminal justice reform, but not quite what the House is considering now. Sen. Gerald Malloy, D-Darlington, who’s been helping to spearhead efforts toward reform in the Senate, previously wrote about how passing such sweeping legislation involves “bipartisan cooperation.”

Reporter Maayan Schechter contributed to this report.

This story was originally published November 11, 2020 at 2:26 PM.