S.C. SUPREME
COURT
Trade-center project funds part of
debate Justices consider
bobtailing By Zane
Wilson The Sun
News
COLUMBIA - A $7 million allocation for
an international trade center in Myrtle Beach came under tough
scrutiny by the state Supreme Court on Thursday in a case the chief
justice called "the granddaddy of all bobtailing bills."
The $500 million Life Sciences Act funded economic-development
projects centered around university research and was passed during
the last session after both the House and Senate overrode the
governor's veto. Arguments before the Supreme Court wrapped up
Thursday, but the court usually takes about six months to issue a
ruling.
Bobtailing is the nickname given to the practice of attaching
unrelated items to bills. Often those items are inserted by powerful
legislators to bypass the routine system of debate and committee
study.
That's the problem, said Jim Carpenter, attorney for Greenville
businessman Ed Sloan, who sued over the $500 million Life Sciences
Act because he thinks it violated the constitutional provision that
bills must contain one subject and it must be stated in their
title.
Michael Hitchcock, attorney for the General Assembly, said the
act does contain one subject, and it is job creation.
Carpenter said the purpose of the provision was to prevent
legislation from being passed without proper consideration and
approval of the majority.
Rather than one subject, the Life Sciences Act has "at least 15
separate subjects," Carpenter said. The court must decide if the
subjects are related enough to meet the definition of one subject,
he said.
"This court must decide whether a trade center at Myrtle Beach
relates to a technical school at Orangeburg," and a string of other
inclusions, he said.
The offer of up to $7 million in bonds to buy land for the center
was hailed by county tourism leaders as a key aid in getting it off
the ground.
Carpenter wants the law nullified.
Attorney General Henry McMaster said part of the act is
constitutional and the court should simply strike out the parts that
are not.
"There are several portions that can easily be stricken out," and
the trade center is one of them, McMaster said.
But most of the law is valid, he said.
Its purpose was to create money and incentives for biotechnology
research at the three research universities that would foster new
business and new jobs.
Chief Justice Jean Toal questioned whether the high court has any
legal foundation for declaring part of a law legal and striking
parts of it.
Hitchcock said Sloan is confusing the means to carry out the
purpose of the law with the subject matter, which is expanding a
knowledge-based economy.
Toal asked how a trade center at Myrtle Beach fits with that
goal.
Hitchcock said the trade center expands educational opportunity,
as does a culinary school funded in Charleston that Associate
Justice James Moore questioned.
"Tourism is the No. 1 industry in the state, and the No. 1
attractor of people to the state," Hitchcock said. The trade center
and culinary school are part of a larger picture of education and
economic development, he said.
"Every piece of the legislation is germane to facilitating the
overall purpose of job development," he said.
The court should leave the law alone because legislators took
legal precedent on bobtailing into account when they drafted the
bill and when they put the title on it, he said.
What it's
about
The bill is called the Life Sciences Act and offered up to $500
million in bonds for economic development projects centered around
university research as well as other incentives for new business
Sens. Yancey McGill, D-Kingstree, and Hugh Leatherman,
R-Florence, inserted the $7 million for the proposed trade center at
Myrtle Beach, saying it is a vital part of a three-legged economic
development vision for Horry County that also includes Interstate 73
and a new airport
The House passed the bill 96-15, the Senate 39-5; Gov. Mark
Sanford vetoed it, and the House overrode 81-24, the Senate 39-4
Ed Sloan, who has sued on several other government issues, sued
saying the bill violates the state Constitution's provision that
bills contain one subject
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