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State legislature should be bound by constitution

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Governor should continue to veto local bills

Published Sunday, March 2nd, 2003

Gov. Mark Sanford's message to legislators to quit passing local bills is a good one. For legislators to act surprised and miffed shows how far off base they have gotten.

Sanford was simply living by the state constitution when he vetoed bills that dealt with issues that were purely local. The constitution says bills must be statewide in scope.

Yet a Charleston representative called it a "sneak-attack veto."

Another representative chided Sanford for "his policy."

"I think most of the General Assembly would like to have known this policy early in the year," said a state senator.

This is not Sanford's policy. It is the law of the land. And it has been the law since the Home Rule Act was passed in 1975. Sneak attack? Absolutely not. How could this be a surprise? The surprise should be the extent to which lawmakers flaunt the law.

The vetoes promptly were overridden by the legislature, but it still looks like they are on thin ice.

When some counties wanted to outlaw video poker a few years ago, the courts ruled they could not do that. Despite overwhelming support by local citizens and leaders, the counties were powerless to ban video poker. The reason was that state law had to apply equally across the state. Video poker could not be legal in one county and illegal in another.

To skirt this requirement, laws ostensibly statewide in scope are written so tightly that they can pertain to only one neighborhood.

That can spell trouble. A prime example is the Senate law introduced recently that would take away state oversight of dredge spoils from Sea Pines. A local law that turns upside down statewide public policy and environmental regulation is a disaster. It would set a bad precedent and is inherently unfair.

One of the laws vetoed by Sanford gave Greenville County public school students relief for snow days. The legislature overrode the veto. But Greenville County students should be held to the same educational expectations as students in neighboring counties. It should be a statewide decision.

State Sen. Scott Richardson appears to be in the minority in supporting Sanford's vetoes. State Rep. Bill Herbkersman, R-Bluffton, opposes Sanford's tack, saying he wants a law passed to give Beaufort County the right to enact a real estate transfer fee. Beaufort County does need that right, but so does every other county and municipal government in South Carolina.

Public policy should not be determined by who can bend the rules best.

Instead of pointing fingers at Sanford, the legislature should look in a mirror and shape up. They are sworn to uphold the law, and that includes the Home Rule Act.

The Island Packet

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  opinion  
    editorials    
    letters to the editor    
    columnists    
    local voices    
    national opinion