The state Supreme Court handed Gov. Mark Sanford
a victory Friday, agreeing that a piece of legislation some derisively
referred to as the "Kitchen Sink bill" was weighed down by too many
unrelated "bobtails."
Sanford last year vetoed the Life Sciences Act, as it's officially
called, saying too many sections of the bill had nothing to do with the
bill's intent and so were unconstitutional.
In siding with Sanford, the justices ruled 4-1 that unrelated riders
attached to the bill should be removed. The rest of the act was passed
into law.
The decision delighted many lawmakers, who said the central sections of
the bill, all of which were kept intact, are crucial to the state's
economic health.
Such sections included providing taxpayer support for biotechnology and
related fields, offering financing options for university research
programs and creating incentives for venture capitalists to invest in
South Carolina companies.
A couple of the bobtails cut from the act would have authorized a
four-year culinary program at Trident Technical College and gone toward
financing an international convention center in Myrtle Beach.
"The governor consistently said that we ought to debate ideas based on
their merits, but the tacking on of unrelated, often pork-barrel, spending
amendments in many cases outside of the deliberative process ... just
isn't good for business," said Sanford spokesman Will Folks.
The bobtailing brouhaha began soon after Sanford vetoed the bill in
March. Lawmakers quickly mustered the votes to override the veto, many
saying they sympathized with Sanford's reasoning but that the bill and its
amendments were too important to die.
High-profile bills are often loaded with bobtails involving pet
projects of lawmakers whose careers live and die by their ability to bring
tangible benefits back to their constituencies. Their bet, which is often
true, is that other lawmakers will be loath to throw out the proverbial
baby with the bath water.
Still, the tactic violated the state constitution, which requires one
subject per bill.
In April, Edward Sloan Jr., a Greenville businessman and
self-proclaimed government watchdog, took up the governor's baton and sued
the state over the bill. He was joined by state Attorney General Henry
McMaster in the case.
In its 10-page ruling Friday, the court said:
"It is patent that the myriad provisions comprising (the act) simply do
not comprise one subject. On the contrary, the act is teeming with
subjects from life-sciences provisions to the establishment of a culinary
arts institute."
The court pointed to the bill's "severability clause" in stripping out
sections it ruled unconstitutional, while keeping the rest of the
legislation intact.
That was an argument that McMaster made when he went before the court
last month.
"The Supreme Court's decision marks a victory for the constitution and
the people of South Carolina," McMaster said Friday. "It strikes a
decisive blow against the unconstitutional practice of bobtailing while
giving a bright green light to the critically important development of the
life-science and biotech industries around our three research
universities."
Even some of the defendants named in the suit praised the ruling.
House Speaker David Wilkins, R-Greenville, voted to override the
governor because, he said, "the choice was either accept it as is or lose
the whole thing. We couldn't afford to lose it."
Others named as defendants included Lt. Gov. Andre Bauer, who acts as
the president of the Senate, and Sen. Glenn McConnell, R-Charleston, the
Senate's president pro tem.
Wilkins said the House originally passed a series of separate bills
that went over to the Senate as individual pieces of legislation but came
back all tied together in one bill.
"With the force of this court ruling behind us, I am optimistic this
will persuade all lawmakers to craft better bills," he said.
Rep. Bobby Harrell, R-Charleston, said he hoped that new rules enacted
in the Senate at the start of the session earlier this month would either
"dramatically reduce or even end the practice of bobtailing from now on."
The Senate agreed a few weeks ago to a set of new rules aimed at
curtailing some much-maligned procedures such as bobtailing and
filibustering.
While Harrell was generally happy with the ruling because it would mean
more money for universities, such as the Medical University of South
Carolina, he said he was a bit frustrated about how the outcome affected
Trident Tech. "I understand why, but am disappointed," he said.
Trident Tech President Mary Thornley shared Harrell's sentiment.
"Obviously, we're very disappointed," Thornley said. "We are going to
work with our legislative supporters to determine just what the
appropriate course of action is."
The technical college already runs a two-year culinary course but was
looking to the legislation to pave the way for a four-year program. The
expanded program was slated to hold classes in Trident's new
state-of-the-art Culinary and Hospitality Training Center. The training
center is part of the $27 million Complex for Industrial and Economic
Development, which is under construction at the main campus in North
Charleston. Friday's ruling does not have any impact on the building of
the center.