COLUMBIA, S.C. — When Americans elect their state lawmakers, the expectation is clear: crafting laws that serve their constituents. However, a closer look at proposed legislation reveals that many state laws aren't authored by elected officials or their staff.
This week in the South Carolina House, a bill on gender-affirming care for minors gained approval, while another bill restricting ESG (Environmental, Social, Governance) investing in state pension funds is on its way to the governor's desk.
Both bills, seemingly unrelated, share a common origin — model legislation.
Kirk Randazzo, the University of South Carolina (USC) Political Science chair, said this practice has been used in state houses for decades.
“It allows a very small number of individuals to exert outsized influence on policy,” said Randazzo.
In exchange for their support, lawmakers receive pre-packaged legislation and the gratitude of potential donors, according to Randazzo.
According to a project called "Copy, Paste, Legislate," 136 bills over two years in South Carolina have language matching legislation filed in other states. Not all of them are hot-button culture war proposals.
But who’s behind them isn’t always clear, according to Randazzo.
“A lot of these bills get passed through just informal connections and relationships," he said. "It's not like there's a mass email that goes out from an organization to 50 different state legislatures."
Randazzo said Model Legislation cuts out one of the most important things: voters.
“By the time it gets sponsored by somebody in the legislature. It's too late for the public to weigh in and voice their questions or concerns or displeasure,” said Randazzo.
Rep. R.J. May (R-Lexington), vice chairman of the South Carolina Freedom Caucus, said there are pros and cons to the practice.
"When model legislation benefits my constituents and aligns with issues I campaigned on, I'll consider it," May said. "However, if it merely serves lobbying groups and industries, count me as a firm 'no.'"
However, not all legislators are on board with this approach.
“It’s not a one-size-fits-all. Every state is different; every community is different," said Rep. Seth Rose (D-Richland). "So when you say this state does it– there's a whole host of things that are unique to an individual state.”
Examples of special interest groups include Moms for Liberty, Do No Harm and the American Legislative Exchange Council.
“Regardless of their party, the primary motivation for politicians is to stay in office. And if they don't have an issue, that they can campaign, that will keep them in office, then they will do everything they can to hunt and find one that they can make front and center,” said Randazzo.