In the Senate, even
the tiniest of reforms are fought tooth and nail
By CINDI ROSS
SCOPPE Associate
Editor
SEN. ROBERT Ford predicted that the government restructuring bill
“could just destroy our state,” and declared that the effort a
decade ago that turned control of a third of the government over to
the governor was “a minor restructuring compared to all this stuff
we’re talking about now.” Sen. Jake Knotts, with a straight face,
called it “a very, very far-reaching piece of legislation for the
people of South Carolina for years to come.”
Even some responsible senators joined in the hyperbolic
gymnastics. Sen. Larry Martin, who chaired the subcommittee that
worked on the bill, said the new inspector general and chief
information officers in the bill “are two big parts” of Gov. Mark
Sanford’s request.
Welcome to the Senate Judiciary Committee’s debate on one of the
most over-hyped pieces of legislation it has ever considered, a
debate that would make anyone who has actually read the bill wonder
whether English was a second language for all of the members of the
Senate.
Did someone sneak in a real restructuring bill — one that
actually reduces the number of state agencies and makes it possible
to hold them accountable for their actions — while I wasn’t
looking?
Alas, no.
I could understand the confusion if these were ordinary citizens,
who had not just sat through Sen. Martin’s summary of the proposal.
After all, the Senate’s restructuring bill is loaded down with
enough superfluous tripe to intimidate all but the most determined
readers. It’s got so many pages, one might reasonably conclude, that
it must do a lot.
But that wasn’t the problem last week. Senators know perfectly
well how pathetically little the bill does; as several noted, the
main reason it does so little is that senators insisted that it do
no more.
It would be misleading to simply say that the bill reduces the
number of stand-alone health agencies from eight to seven, adds one
board-run agency to the Cabinet and creates a Department of
Administration that the governor would oversee.
Misleading because most of those changes are a farce.
Once merged, the departments of Mental Health and Alcohol and
Other Drug Abuse Services would still be required to be treated as
separate agencies; the umbrella agency couldn’t consolidate
divisions — or even office space— in the old agencies without
legislative approval.
The Department of Administration is even more vacuous. It would
include that new inspector general, as well as the state energy
office, the state fleet, and business operations such as the state
government mail service, office supplies purchasing, surplus
property and the State House parking garage — all currently part of
the Budget and Control Board. It also would maintain some government
buildings.
But what the bill moves into the Administration Department pales
compared to what it leaves in the Budget and Control Board — and how
much additional power it gives that constitutionally offensive
entity. The board would still oversee human resources, the State
Retirement System, government contracts, auditing and performance
review functions, the purchase, sale and lease of government land
and buildings, and the maintenance (through a whole new division) of
buildings used by the courts and the Legislature.
Moreover, that new chief information technology officer would
answer to the Budget and Control Board. So would a new coordinating
council made up of representatives of the state’s nine cultural
agencies — a council that is being created as a pathetic substitute
for merging those agencies. The board would have new power to veto
“permanent improvements” to other agencies’ buildings. And it would
have to sign off on several Administration Department decisions.
What makes this not just wasteful but outrageous is the fact that
there’s no good reason for the Budget and Control Board even to
exist, much less be expanded. The agency is governed by the
governor, the comptroller general, the state treasurer and the
chairmen of the House and Senate budget committees. Those last two
people — who have no business helping to run an executive agency —
are the reason the Legislature is so protective of it. Except in
those rare instances when all three executive officials agree, the
legislators have the opportunity to dictate executive branch
policy.
So of course no one on the Judiciary Committee questioned giving
the Budget and Control Board even more power. No one asked why no
more of its duties were given to the Department of Administration.
In fact, the main question was why the department was being created
at all. That would be a reasonable question if those asking it were
concerned that it’s nothing but a shell; they weren’t. Consider Sen.
Brad Hutto’s question: “Is there some policy reason (to move offices
out of the board)? That the Budget and Control Board doesn’t want
these duties any more?”
That is, in a nutshell, the legislative mindset: State agencies
should only be changed if the people who run them seek the change.
Indeed, the only reason senators agreed to make the Department of
Natural Resources a Cabinet agency was that the part-time board that
now ostensibly runs it supports the change.
Late in the debate, when Sen. Tom Moore argued that moving a
handful of offices from the governor’s office to an agency
controlled by the governor was “diluting the responsibility” for
those offices, Sen. Martin interjected a bit of sanity, declaring
the argument about where to put them was “really gagging at a
gnat.”
Unfortunately, the same could be said for the whole bill.
Critics have long argued that the fight over restructuring is
about power. They’re absolutely right. It is about the Legislature’s
fierce determination to cling to all power — and perceived power —no
matter how much that might drive up the cost of government, no
matter how much it might degrade the government’s ability to serve
the public.
Ms. Scoppe can be reached at cscoppe@thestate.com or at
(803)
771-8571. |