Worries that the continuing controversy over the new Life Sciences Act, better known as the "kitchen sink" law, might jeopardize the chances of getting a major new pharmaceutical industry in the Upstate prompted the state House of Representatives to act responsibly last week and quickly pass a stand-alone piece of economic development legislation.
In a press release earlier this week, Commerce Secretary Bob Faith said the House passage of a "clean" Life Sciences bill "could mean hundreds, ultimately even thousands of high-paying jobs for South Carolina." He urged the Senate to take immediate action, noting that Gov. Mark Sanford already has promised to give the new bill his signature.
While the bill that was vetoed several weeks ago by the governor -- and overridden by the Legislature -- carried the Life Sciences title, it was far more. Indeed, it was too much more. It too started out as a "clean" Life Sciences bill in the House, but was heavily amended or "bobtailed" in the Senate and conference committee with non-germane provisions, ranging from a new four-year college to changes in rules for college scholarships.
The "kitchen sink" law has become a major source of contention between the governor and much of the legislative leadership. Gov. Sanford has said, in effect, that he will challenge the law's constitutionality in court if the Legislature doesn't take concrete steps to end the bobtailing practice, which makes a mockery of a deliberative legislative process.
House Speaker David Wilkins said Tuesday that the separate Life Sciences bill was passed last week "in an effort to send a clear message to the pharmaceutical company that we are serious about them coming to South Carolina and creating jobs." If the previous, heavily laden Life Sciences bill is challenged in court, then, the speaker noted, the separate Life Sciences bill that deals only with the economic development incentives would be in place.
The speaker emphasized that the House passage of the new, separate bill "isn't some ploy" to make it easier for the governor to file suit against the original legislation, which is now law. Indeed, the speaker said if the governor does sue, the House would vigorously contest such legal action.
But at the moment, he noted, a major pharmaceutical investor has narrowed its sights to Texas and South Carolina's Greenville area. It's important, he said, to "let this company know that we are doing all we can" to ensure that the economic incentives are available if they decide to relocate here. A minimum investment of $100 million and 250 jobs are required to qualify for the Life Sciences tax and infrastructure incentives.
Speaker Wilkins and House Ways and Means Committee Chairman Bobby Harrell were able to convince their colleagues to give the separate economic incentive bill all three required readings last week by a rare unanimous consent. Rep. Harrell was quoted in the Commerce Department press release as saying the action was to protect an economic development opportunity. "If a cloud forms over the Life Sciences Act ... we don't want this company to worry." In other words, passage of the new bill isn't an admission by the either body that the "kitchen sink bill" is illegal. It's simply smart insurance.
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