High court
subtracts Life Sciences add-ons Parts
of economic development package beside the point, justices
rule By JEFF STENSLAND and AARON
GOULD SHEININ Staff
Writers
The General Assembly was slapped down by the state Supreme Court
Friday for loading up a controversial bill with what critics said
were wasteful projects.
The court declared parts of the massive Life Science Act, passed
last year, unconstitutional, because they did not relate closely
enough to the act’s main subject, as required by state law.
The ruling means:
• USC Sumter won’t be able to
offer four-year degrees.
• A Lowcountry tech school won’t
be able to add a cooking program.
• Myrtle Beach won’t get a new
convention and trade center.
The court upheld many sections of the act that directly related
to the state’s efforts to attract high-tech companies. However, it
said other parts — including the Sumter, Charleston and Myrtle Beach
projects — should be stricken from law.
Writing for the court’s majority, John Waller said those projects
were “clearly too tangential” to the act’s main goal.
Justice Costa Pleicones wrote a partial dissent, arguing the
court should have considered striking the entire Life Science Act.
He is the only member of the court who is not a former
legislator.
The ruling was a victory for those who have fought against last
minute tack-ons to bills, a practice known as “bobtailing.”
Attorney General Henry McMaster, a chief proponent of the lawsuit
challenging the act, called the decision “courageous” and said it
sends a strong message to lawmakers.
McMaster had sided with a Greenville man, Edward Sloan, who sued
the General Assembly.
Sloan wanted the court to void the whole act, his lawyer said
Friday. “What the court did, by picking specific things out, was
become a ‘super-legislature,’” said attorney James Carpenter.
Lawmakers’ reactions to the ruling were mixed.
House Speaker David Wilkins, R-Greenville, hailed the decision as
a “great day for economic development” because the justices did not
strike the pro-business sections of the law.
But Sen. Phil Leventis, D-Sumter, called the ruling “a little
schizophrenic.”
“They muddied the water a lot more than they cleared it up,” said
Leventis, who had fought to get four-year programs for USC Sumter
included in the Life Sciences Act. “I don’t know how they decided
what relates to economic development and what doesn’t.”
The USC Sumter provision drew fire from Gov. Mark Sanford, who
vetoed the bill in March and threatened to sue the General Assembly
after it overrode the veto.
Sanford spokesman Will Folks called the court’s ruling a big win.
“We don’t think adding a bunch of pork-barrel items to a bill is
good business,” he said.
The Life Science bill initially provided incentives for new
companies, set up a state-run venture capital fund and allowed the
state’s research universities to build new laboratories.
Hunter Howard, president of the S.C. Chamber of Commerce, said
those are important steps for the state.
“It’s so critical to the state’s future,” he said. “To be
competitive with other states, we have to entice the companies to
come here and give the universities flexibility in the rules.”
The bill ran into problems in the Senate, where some lawmakers
began calling it “the Christmas tree.” Some items, like the
multimillion-dollar center in Myrtle Beach, were inserted into the
bill without the knowledge of some legislators.
Senate Finance chairman Hugh Leatherman, R-Florence, said recent
changes in Senate rules probably help ensure bobtailing is a thing
of the past. Those changes more narrowly define what can be included
in a bill.
However, Richard Seamon, a former USC constitutional law
professor who teaches at the University of Idaho, said that may not
be enough.
“The General Assembly is going to have to be a lot more careful.
(The ruling) doesn’t lay down any general principles so they can
avoid this in the future. It’s pretty likely you could be seeing
more litigation in the future.”
Jim DuPlessis contributed to this article. Reach Stensland at
(803) 771-8358 or jstensland@thestate.com. |