S.C. Supreme Court
hears arguments on bobtailing legislation
AMY GEIER
EDGAR Associated
Press
COLUMBIA, S.C. - South Carolina Supreme Court
justices heard arguments Thursday on the constitutionality of
legislation that began as a research and economic development
measure, but ended up including at least 15 other subjects.
The state Constitution requires bills to deal with just one
subject. The Life Sciences Act, passed by the General Assembly in
March, originally was intended to give broader incentives to
pharmaceutical companies. But lawmakers tacked on a number of
amendments.
There are three sides to the issue. Justices will have to decide
whether the act is completely unconstitutional, partly
constitutional or completely constitutional.
Greenville native and government watchdog Edward Sloan Jr. - who
filed the lawsuit - says the entire act is unconstitutional.
Sloan, who has become known for suing government agencies, last
year lost a lawsuit that argued Gov. Mark Sanford could not
simultaneously serve as governor and hold a commission in the U.S.
Air Force Reserve.
The governor had threatened to sue lawmakers himself, but later
backed off. Instead, he vetoed the bill, but lawmakers overrode his
veto.
General Assembly lawyer Michael Hitchcock argued that Sloan does
not have standing to bring such a case, since he is not directly
harmed by the legislation.
Chief Justice Jean Toal said the court does not like to step into
legislative matters, but the case was one of public importance.
"Mr. Sloan is saying that the Constitution means something," Toal
said.
Jim Carpenter, Sloan's attorney, said the act contains at least
15 different subjects.
"The Constitution says every act shall relate to but one subject
and that shall be expressed in the title," he said.
"We're supposed to at least give enough deference to the other
branch to construe this constitutional provision broadly," Toal
said.
Carpenter said the provision is needed to ensure that legislation
is supported by the majority. The only thing that ties the act
together is a desire to get a number of items passed, he said.
Legislators say the entire act is constitutional and that General
Assembly rules permit them to tie issues together as they see
fit.
"Every piece is germane to job development in a knowledge-based
economy," Hitchcock said. The act deals with expanding educational
opportunities to create an educated work force and providing
incentives to make South Carolina attractive to high-tech companies,
he said.
State Attorney General Henry McMaster, taking the unusual
position of arguing the case himself before the justices, said some
parts of the bill are constitutional, others are not.
Three issues - creating incentives for pharmaceutical and medical
companies to locate in the state, establishing provisions for a
venture capital fund and a bond to allow for construction of
research facilities at the University of South Carolina, Clemson
University and the Medical University of South Carolina - are
related economic development issues and therefore germane, he
said.
The rest of the issues - including a plan to make the University
of South Carolina Sumter a four-year institution, to investigate the
feasibility of a law school for South Carolina State University, and
to create a four-year culinary program at Trident Technical College
in Charleston - are unrelated and unconstitutional, he said.
McMaster cited a severability clause in the act that says any
part of the act determined to be unconstitutional can be removed,
while keeping the rest of the act intact.
"We don't think these words are empty," McMaster said. "The
Legislature meant something."
But the dilemma in this case is determining what parts are OK and
what could be removed, Toal said.
The justices will rule on the issue sometime later. |