EDITORIAL
Senate Rules Fixes
Not All Upside Changes would weaken
ability of single senators to head off bad
legislation
The S.C. Senate Republican caucus agreed earlier this month to
revise the long-standing Senate rules that critics regard as
counterproductive to visionary legislating: the written rule
empowering a senator to filibuster as long as he or she pleases, and
the unwritten rule empowering senators to singlehandedly veto bills
they don't like by objecting to them.
(A single senator effects such a veto by objecting to a bill
pending a hearing before the full Senate, then making certain he's
not in the Senate chamber when the bill comes up.)
The strong possibility that the Senate in January will follow
through on the GOP caucus' recommendations will delight Gov. Mark
Sanford and reform-minded members of the S.C. House. The death of
many a well-founded reform initiative in the Senate has driven the
governor and House leaders to distraction, so much so with Sanford
that he made revision of Senate rules one of his five main planks
for the remainder of his term.
Both changes, two of dozens the GOP caucus approved, probably are
good ideas. But the ills that could come with diminishing the powers
of small Senate minorities and of individual senators are
worrisome.
Most often, such members resort to filibusters or single-senator
vetos to obstruct legislation favored by large majorities of
legislators from both houses. It's frustrating when a senator in
thrall to a special interest threatened by a proposed reform - for
instance, liquor wholesalers wanting to preserve their minibottle
privileges - keeps that reform from taking effect.
But not all bills favored by large legislative majorities would
make for good public policy. In such cases, the blocking power of
one senator has proved to be a blessing.
Take, for instance, this year's bill to grant S.C. golf courses a
huge tax break by taxing their land on its income-earning potential
instead of its market value. In Horry County alone, enactment of the
bill would have shifted more than $7 million in property taxes away
from golf courses and onto the tax bills of all other taxable
property owners.
The bill, strongly endorsed by every member of the county
delegation except Rep. Thad Viers, R-Socastee, seemed headed to
certain passage until one legislator, Sen. Clementa Pinckney,
D-Ridgeland, let it be known that he would object to the bill, tying
it up in the Senate.
The bill lost steam, and many Horry County legislators now admit
that it was not the most thoughtful way to help beleaguered golf
courses remain in business. Absent Pinckney's "veto threat," it well
might have passed.
None of this is to suggest that the proposed Senate rules changes
- placing a strict time limit on single-senator vetoes and easing
the requirements for ending filibusters - will unleash a torrent of
bad legislation. The full Senate should pass the rules changes, to
give the better reform ideas now in circulation - Sanford's
government restructuring proposals, for instance - a chance to
become law. We'll take it on faith that disempowering Senate
"gadflies" such as Pinckney will not help bad ideas develop into bad
laws. |