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Article published Feb 2, 2005
Supreme Court ruling makes legislative process more
transparent
South Carolina will have a more transparent and
accountable legislative process because of last week's state Supreme Court
ruling against the Life Sciences Act.The ruling should take away a cherished
tactic of legislators to push their own agenda ahead of the state's.The tactic,
"bobtailing," was used by lawmakers on measures that wouldn't pass on their own.
These proposals might not have enough support to survive a straight yes or no
vote, or they might not have been a high enough priority with other lawmakers to
push them through the legislative process.So the lawmaker who wanted a pet
project enacted would arrange to have it tacked on to a more popular bill,
preferably a must-pass bill.That's what happened to the Life Sciences Act last
year. It was considered key economic development legislation. It was designed to
build up the state universities' research programs and attract pharmaceutical
companies to the state. It had a great deal of support.But before the General
Assembly finished with the bill, several lawmakers tacked their own pet projects
onto it.For instance, state Sen. Phil Leventis added a measure that would
transform the University of South Carolina Sumter into a four-year school.This
proposal had no statewide support. It was opposed by the governor, by USC system
officials and by the Commission on Higher Education. It does not fit into the
state's higher education plan and would take re-sources away from that plan. It
wouldn't have pass-ed if it hadn't been attached to the Life Sciences Act.Gov.
Mark Sanford vetoed the bill because of the bobtails attached to it, but the
General Assembly overrode the veto.Last week, the Supreme Court ruled the
bobtails unconstitutional. The South Carolina Constitution requires that each
bill deal with only one subject. The court declared that lawmakers can no longer
ignore that requirement. Lawmakers should accept the ruling and stop the
bobtailing rather than look for some way around the requirement or pushing the
line to see how far they can go.The result will be that only those measures that
can stand on their own for a vote will pass. Lawmakers and citizens will find it
easier to know what the General Assembly is passing. In this way, the priorities
of the entire state will take precedence over the local goals of individual
lawmakers.