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The New Media Department of The Post and Courier

TUESDAY, JANUARY 11, 2005 12:00 AM

Back McMaster's grand jury bill

Failure to pass legislation to give the statewide grand jury authority over environmental crimes is key evidence why the Senate rules need to be overhauled this week. The bill was bottled up in the Senate after passing the House in April because of the objections of a few senators.

Fortunately, Attorney General Henry McMaster has again made passage of the bill a legislative priority this year, and bills have been re-introduced in both the House and Senate. The chances of legislative approval appear to be better with the State Chamber of Commerce prepared to accept the latest version.

A spokesman for the chamber tells us that its objections have been generally satisfied, and that it won't stand in the way this session. Last year, the chamber contended that the bill would dampen the state's pro-business climate.

Rather, Mr. McMaster's proposal would help protect the state's natural resources, which are one of its greatest attractions, to prospective business clients as well as other visitors. It's one reason that South Carolina's main industry is tourism.

Increasing grand jury authority will help the state deal with complex environmental crimes, which frequently involve more than one local jurisdiction. In a recent polluter case in Lexington County, the state had to turn over prosecution to federal officials because of the inadequacy of state law. Mr. McMaster has correctly insisted that state laws should be sufficient to the challenge.

The proposed legislation would give the grand jury the authority to subpoena documents and compel testimony. The need for expansion of the jury's powers is evident in the previous support given similar proposals by the two attorneys general who preceded Mr. McMaster, one a Republican and one a Democrat. The state-wide grand jury has proven its worth in other areas over which it has jurisdiction, including public corruption and criminal conspiracy.

Passage of the bill, sponsored by Rep. Jim Merrill, R-Daniel Island, in the House of Representatives, would serve as a warning to would-be polluters who might otherwise view South Carolina as an easy mark.

The state should provide protections to the environment that have been lacking, and the business community should demonstrate its support for those safeguards. Meanwhile, the Legislature shouldn't let any lingering opposition among its members, particularly in the Senate, derail Mr. McMaster's proposal this year.


This article was printed via the web on 1/27/2005 2:29:07 PM . This article
appeared in The Post and Courier and updated online at Charleston.net on Tuesday, January 11, 2005.