A retired Greenville businessman, the state
attorney general and the S.C. Supreme Court deserve fervent thanks. Their
combined efforts have thrown out the multiple unconstitutional sections of
the infamous "kitchen sink bill" passed during the 2004 legislative
session. Now that the high court's 4-1 Friday ruling has pinned back the
Legislature's ears, perhaps one of its most egregious practices, known as
"bobtailing," actually will stop.
Fortunately, there are a few citizens such as Edward D. Sloan Jr. who
don't hesitate to take government agencies to court when they play fast
and loose with the law. Mr. Sloan isn't always right, but his kind of
tenacity keeps government on its toes.
In this instance, however, the General Assembly almost seemed to be
asking for trouble. The number of unrelated amendments -- "bobtails" -- to
a popular bill known as the Life Sciences Act were so blatant that one
legislative leader gave the 21-section bill the "kitchen sink" label. The
governor vetoed the legislation and considered bringing suit. Mr. Sloan
did. Further, Atty. Gen. Henry McMaster joined in and bolstered Mr.
Sloan's effort.
The attorney general did urge, and the court agreed, to uphold the few
sections of the legislation that actually dealt with promoting the life
science industry, defined generally as businesses engaged in
pharmaceuticals, medicine and related research and development.
Rather than the Life Science Act dealing with one subject as the state
Constitution requires, the Supreme Court decision noted the legislation
actually was "teeming" with subjects, ranging from "life sciences
provisions to the establishment of a culinary arts institute" at
Charleston's Trident Technical College.
Indeed, the list of "bobtailed" provisions reflects just how blatantly
the Legislature ignored the constitution's "one-subject" requirement. In
addition to the culinary arts institute, the bill brazenly included the
establishment of a four-year degree program at USC-Sumter, a law school
feasibility study for S.C. State University, issuance of bonds for a
convention and trade show center at Myrtle Beach, and new eligibility
requirements for Life Scholarships.
The "log-rolling" strategy is obvious: Pass legislative pet projects
that might have trouble on their own by attaching them to popular
legislation. It's worked too many times before. This time it got stopped
in its tracks. And there is evidence that the court challenge itself
taught the lawmakers a lesson. The Senate's newly revised rules contain
that body's toughest-ever anti-bobtailing provisions.
Some or all of the Life Science "bobtails" that have been struck down
by the court may now be considered as separate pieces of legislation and
pass or fail on their merits. At least now they can't be passed without
any semblance of public notice or legislative debate. Thanks to Mr. Sloan,
Mr. McMaster and the Supreme Court, now, perhaps, the system will work the
way the S.C. Constitution intended.