STATEHOUSE REPORT | ISSUE 22.13 | March 31, 2023
NEWS: Legislation expected to on alcoholic food products
NEWS BRIEFS: Survivors push for hate crimes bill to pass Senate
LOWCOUNTRY, Ariail: Ayatollah
COMMENTARY, Brack: Time to double the cigarette tax
SPOTLIGHT: Palmetto Care Connections
FEEDBACK: Brack lives on another planet
MYSTERY PHOTO: Old building
Legislation expected to on alcoholic food products
By Skyler Baldwin | S.C. Rep. Spencer Wetmore, D-Charleston, this week said she plans to file a bill again that would make businesses that sell alcoholic food products follow the same rules as those that sell alcoholic beverages.
“I’m definitely going to look into filing to regulate so they have to follow the same rules,” she told the Charleston City Paper, Statehouse Report’s sister publication.
Wetmore, along with S.C. Rep. Micah Caskey, R-Lexington, co-sponsored a bill last year that passed the S.C. House by a 66-35 vote March 30, 2022, but it didn’t pick up steam after being left stranded in the S.C. Senate Judiciary Committee when the session ended.
“I think a lot of restaurants that have to follow all the licensing laws are still interested in this issue,” Wetmore said. “But we will need the Senate to come to the table if it’s going to be something we’re going to address.”
If the bill were to become law, it would have a major impact on businesses that sell alcohol-infused products. This includes Charleston-based food truck Booze Pops, which has been able to sell boozy popsicles in over a dozen locations across the state thanks to a loophole that classifies its products as food.
Booze Pops owner Woodrow Norris started the business with a single van about eight years ago. Last year’s bill would have shut down the business unless he found a brick and mortar location. If Wetmore files a bill this session, it could have a similar impact.
“We went through hell on this,” Norris told the City Paper Monday before declining further comment.
Concern about the product is nothing new. In 2017, the city of Charleston wrote a letter to the state Department of Revenue (DOR), citing concerns about street vendors selling alcohol-infused products to the public on the street.
Several state offices have partial or presumed jurisdiction over alcoholic products, particularly because of language in Title 61 of state law, which governs alcohol and alcoholic beverages. Frozen desserts aren’t mentioned in that section.
“Booze pops, ice cream and gelatin are not governed by Title 61 and are not under the Department of Revenue’s jurisdiction,” said DOR spokesman Tim Smith. “Some argue that they are regulated under Title 39 by the S.C. Department of Agriculture. … We do not know if the product should be tested in a frozen or liquid state.”
According to the federal Alcohol, Tobacco Tax and Trade Bureau (TTB), “ice cream and ices” are not considered beverages when “only sufficient spirits are used for flavoring purposes.” The TTB generally draws that line at not greater than 2% alcohol by weight. Popsicles, however, are a bit different. According to the TTB’s website, a review of a range of different frozen desserts, popsicles and similar products generally have a higher density than ice cream and therefore often contain higher concentrations of alcohol.
It is not known how much alcohol is contained in a single serving of Booze Pops’ popsicles.
As of Friday, no bill had been filed regarding alcohol-infused food products.
Skyler Baldwin is a reporter with the Charleston City Paper, where this story first appeared.
- Have a comment? Send to feedback@statehousereport.com
Survivors push for hate crimes bill to pass Senate
Staff reports | Two survivors of the 2015 racist massacre at the Emanuel AME Church in Charleston that killed nine told a group of state senators Tuesday that South Carolina’s lack of a hate crimes law is an insult to their suffering.
“I’m praying, I’m hoping that this hate crime bill will pass so that no other family — it wouldn’t stop them, but if they know that they have consequences that’s going to follow what they do, that’s going to slow it down tremendously,” survivor Felicia Sanders of Charleston told the committee according to a report by WCSC TV.
South Carolina is one of only two states without a hate crimes law. The other is Wyoming.
Those in favor of the bill cite an increase in reported hate crimes as well as online forums where hate groups note the state’s lack of a hate crime law marks South Carolina as a place that might be accepting of them. These arguments, however, have been made before.
The bill has already passed the S.C. House, and the Senate subcommittee passed it Tuesday. The Senate Judiciary Committee’s 15-8 vote that afternoon sent it to the Senate floor, where it died last year. Senate Republicans last year said the bill could be used against conservative Christian groups and that “a crime is a crime” according to news reports.
The bill would allow a judge to sentence offenders to up to an additional five years in prison if a violent crime was motivated by hate toward the victim’s race, religion, sex, gender, sexual orientation, national origin or physical or mental disability. A separate version of the bill is being considered in the Senate. This alternate version includes a definition of sex and a statement that nothing in the bill should violate freedom of speech.
In other news this week:
Trump indicted. In groundbreaking national news, former GOP President Donald Trump has officially been indicted in New York for his alleged role in paying hush money to a porn star. The indictment reportedly covers more than two dozen felonies. Trump is expected to turn himself in by Tuesday and face arraignments. The exact nature of the charges are unclear, according to Associated Press, but stem from payments made during the 2016 presidential campaign to silence claims of an extramarital sexual encounter. Trump is the former president in history to be criminally charged.
S.C. Senate committee recommends disabilities commission be dissolved. S.C. senators on Tuesday unanimously voted on a bill that would eliminate the commission that oversees the Department of Disabilities and Special Needs and re-establish it as part of the governor’s cabinet at the Statehouse.
Prosecutors, sheriffs in S.C. ask legislators to change how judges are elected. Prosecutors and sheriffs from across South Carolina are calling on legislators to relinquish some of their power over the judicial branch to help restore public faith in the process.
2 candidates eyed for state comptroller. Legislators could choose between former GOP House lawmaker Kirkman Finlay and Mike Shealy, the Senate’s longtime chief budget adviser, as the next — and potentially last — elected comptroller.
S.C. Democrats introduce bill banning death penalty for abortions. Two S.C. lawmakers have introduced bills opposing a proposed bill that could subject a woman who gets an abortion to the death penalty.
S.C. House OKs open enrollment for students. The bill lets students attend schools outside their attendance zone whether in the same school district or somewhere else in the state. Local school districts would make their own open enrollment policies and must notify parents if space is available.
S.C. could be first state in Southeast to provide family leave for teachers. School district employees across South Carolina could get up to six weeks of paid parental leave under a proposed legislation. The bill would make South Carolina the first state in the Southeast to provide teachers paid time off for having or adopting children.
S.C. moves to ban gender-affirming care. A South Carolina bill to ban gender-transition surgeries, hormone therapy and puberty blockers for people under the age of 18 passed a Senate subcommittee Wednesday, following a growing trend among Republican-led legislatures across the country.
Offshore drilling plan moves forward with passage of House bill. The U.S. House of Representatives passed the Republican-backed Lower Energy Costs Act which includes a ban on offshore drilling off the Atlantic coast.
Ayatollah
Robert Ariail tackles a proposal by some Freedom Caucus House members who want women who get the abortion to be subject to the death penalty. What do you think? Ariail often interprets things a little differently, but always has an interesting take on what’s going on. Love the cartoon? Hate it? What do you think: feedback@statehousereport.com.
Time to double the cigarette tax
By Andy Brack, editor and publisher | Take a guess at the number of cigarettes smoked every year in South Carolina.
If your answer is about 5 billion, then you’re in the right ballpark – no foolin’.
Some 18% of South Carolina adults smoke, according to data from the state Department of Health and Environmental Control. (A national report puts it at 12.5%.) Regardless, the rate dropped slightly from 19.2 percent in 2007, but since then, vaping has become a thing. The state says e-cigarette use first was tracked in 2014 when 6.2% of adults vaped; now, it’s more like 6.7%.
So while the numbers of smokers are high – somewhere between 650,000 and 900,000, depending on the source – so, too, are the health risks.
“Using combustible, commercial tobacco products is known to cause Type 2 diabetes, heart disease, COPD and several types of cancer,” a DHEC spokesman said this week. “Vaping is known to cause changes in adolescent brains that predispose them to mood disorders, anxiety and an increased risk of future addiction to opioids.”
And then there are the costs to society. On the plus side, South Carolina receives $134 million a year in taxes from 235 million packs of cigarettes sold. Each pack of 20 has a tax of 57 cents – the fifth lowest rate in the nation. The General Assembly last raised the cigarette tax in 2010 after a long battle.
But the state’s sin tax on cigarettes doesn’t even come close to covering the costs of smoking to every resident. Annual health care costs in South Carolina directly caused by smoking are $2.21 billion, according to the Campaign for Tobacco Free Kids (CTFK). Furthermore, Medicaid costs caused by smoking in South Carolina are $511.6 billion. Essentially, that means every household’s tax burden from smoking-caused government expenditures is $968 a year.
So when you consider that 82 percent of adults are subsidizing the smoking-related health care for those who won’t give up smoking, doesn’t it seem like it’s a smart idea to reduce the burden of the majority by calling on those who choose to smoke to pay more for their addiction?
At a minimum, it’s time for the General Assembly to double the state cigarette tax to $1.14 per pack. That would generate another $134 million annually to allow the state to take more proactive measures to reduce smoking – and to pay for some of the state’s costs in dealing with this unhealthy addiction.
Smokers who might scream, “That’s not fair,” might want to consider that it’s really not fair for more than 80% of residents to pay for health and societal costs related to their smoking. What’s more, think about how much money smokers will save. With cigarettes costing $5 to $6 per pack depending on the brand, smokers who burn five packs a week will save up to $1,500 a year – more than enough for a relaxing week-long vacation at a South Carolina beach.
Not only would raising the cigarette tax act as a disincentive for people to smoke and lower the rate of smokers, it would save lives. Currently, about 7,200 South Carolinians die each year from smoking. According to CTFK estimates, about 103,000 of South Carolina’s kids under 18 will die prematurely from smoking – if the rates remain the same.
If you’re trying to quit smoking now – and extend your life and save some money – you might want to talk with the folks at SC Tobacco Quitline (800-QUIT-NOW) to get customized tobacco cessation support.
Andy Brack, recognized as the state’s best columnist in 2022 by the S.C. Press Association, is editor and publisher of Statehouse Report and the Charleston City Paper. Have a comment? Send to feedback@statehousereport.com.
Palmetto Care Connections
Statehouse Report is brought to you at no cost thanks to the generous support of underwriters, such as Palmetto Care Connections.
Established in 2010, Palmetto Care Connections (PCC) is a non-profit organization that brings technology, broadband and telehealth solutions to health care providers in rural and underserved areas in South Carolina. PCC hosts the Annual Telehealth Summit of South Carolina presenting state and national best practices and trends, as well as providing networking connections for health care, technology and broadband professionals.
The leader of the South Carolina broadband consortium, PCC assists health care providers in receiving broadband savings through the Federal Communication Commission’s Healthcare Connect Fund program. Since 2013, PCC has helped providers save more than $25 million in broadband costs.
PCC co-chairs the South Carolina Telehealth Alliance, along with the Medical University of South Carolina, serving as an advocate for rural providers and partnering with organizations to improve health care access and delivery for all South Carolinians.
- Learn more about Palmetto Care Connections.
Brack lives on another planet
To the editor:
To begin, Andy Brack’s editorials always leave me with the feeling that his thoughts are from another planet. So when I read his editorial concerning “Woke” and that “Most Americans understand that to be woke is to be tuned in to injustices around us,” I had to laugh.
To me “Woke” congers [sic] up a Supreme Court Justice that couldn’t define what a woman is; Allowing transgender men to compete against women in female sports; Allowing teachers to “teach” children about gender identity; Allowing children to watch Drag shows; Canceling student debt that students agree to repay; Not defending America from border crossings, spy planes crossing our country and focusing our military on identity politics instead of being a great powerhouse of force.
Andy Brack also brings up MAGA Republicans as if wanting America to be Great is repulsive. If you want to talk about triggers, referring to Republicans as MAGA likely triggers Democrats as well Woke triggering everyone!
– Diana Kimmel, reader of The Journal in Seneca, S.C.
Send us your thoughts
We encourage you to send in your thoughts about policy and politics impacting South Carolina. We’ve gotten some letters in the last few weeks – some positive, others nasty. We print non-defamatory comments, but unless you provide your contact information – name and hometown, plus a phone number used only by us for verification – we can’t publish your thoughts.
Have a comment? Send your letters or comments to: feedback@statehousereport.com. Make sure to provide your contact details (name, hometown and phone number for verification. Letters are limited to 150 words.
Old building
Here’s an old building in the middle part of South Carolina. Recognize it or figure out where it is? Send us your guess – as well as your name and hometown – to feedback@statehousereport.com.
Last week’s photo, “Old gas station” was sent to us by Barry Wingard of Florence. It was, as several new and long-time sleuths recognized, a gas station at Galivants Ferry off U.S. Highway 501 where decades of political stump meetings have been held.
Jay Altman of Columbia noted, “For almost 150 years, state and local politicians would hold a ‘stump meeting’ every two years and address crowds of potential voters. My grandfather took me to several stump meetings in the 1960s (we lived about 15 miles from Galivants Ferry). Excellent chicken bog made up for all the political hot air at these meetings.”
Congrats to: Robert Ariail of Camden; Mark Partin of Sumter; Allan Peel of San Antonio, Texas; Grace Gifford of Conway; Bill Segars of Hartsville; Frank Bouknight of Summerville; Jacie Godfrey of Florence; John Hart of Columbia; Gwen Strickland of Marion; David Lupo of Mount Pleasant; George Graf of Palmyra, Va.; David Taylor of Darlington; and Lynn Skipper of Aynor. And Kammy Benton (no town given).
>> Send us a mystery picture. If you have a photo that you believe will stump readers, send it along (but make sure to tell us what it is because it may stump us too!) Send to: feedback@statehousereport.com and mark it as a photo submission. Thanks.
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