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.