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The New Media Department of The Post and Courier

SATURDAY, JANUARY 29, 2005 12:00 AM

High court's 'bobtailing' decision a big boost to legislative reform

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.


This article was printed via the web on 2/1/2005 1:20:29 PM . This article
appeared in The Post and Courier and updated online at Charleston.net on Saturday, January 29, 2005.