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Article published May 20, 2004
Lawmakers launch war of words over bobtailing
ROBERT W. DALTON
Staff Writer
COLUMBIA -- A cold war
between the Senate and House over the practice of bobtailing -- tacking
unrelated amendments onto key pieces of legislation -- turned into a shooting
war Wednesday afternoon.Sen. Glenn McConnell, R-Charleston, threw out the first
pitch, telling senators to closely examine Senate bills coming back from the
House that were loaded with unrelated amendments. Exhibit A was the Senate's
"South Carolina Teacher Protection Act," which came back with amendments dealing
with same-sex marriages, probate judge eligibility and lobbyist reform."To say
that this is germane under the single subject rule (a Constitutional requirement
that all parts of a piece of legislation relate to one subject) takes more
imagination than the writers of 'Star Wars,' " McConnell said. "If you can make
me believe that all of this is germane, you can sell sand in the desert."House
Speaker Pro Tem Doug Smith, R-Spartanburg, said the amendments that McConnell
objected to were all bills that had been sent to the Senate previously but had
not been acted upon. He said each amendment had gone through the House committee
process and had been debated on the floor."These bills have seen the light of
day, and we're abiding by our rules," Smith said. "When they bobtail, they put
on things that no committee has ever seen."He (McConnell) can't muddy the water
enough to change the fact that one body has passed legislation over the last two
years and it's now sitting on his calendar. With all due respect, he needs to do
a little soul-searching, get his flock together and let them know that the House
expects its legislation to be considered by the Senate."Smith pointed out that
there were 64 Housebills sitting on the Senate calendar, and 22 Senate bills on
the House calendar on Wednesday. The House debated and voted on 17 of the Senate
bills."That's because they are a legislative racetrack and we're a more
deliberative body," McConnell said. He then produced a list of 42 Senate bills
that were sitting in House committees.The pot had been simmering over bobtailing
since March, when Gov. Mark Sanford threatened to sue the Legislature over the
process that eventually led both bodies to override his veto of a crucial
economic development bill. Sanford vetoed the bill because it had been loaded
with pork projects. He backed off his threat to sue when the General Assembly
agreed to seek a legislative solution.The House quickly passed an
anti-bobtailing bill and sent it to the Senate. The Senate has yet to act on the
bill."After sending us this resolution, the House is still bobtailing,"
McConnell said.After learning about McConnell's remarks, House Speaker David
Wilkins, R-Greenville, addressed the House. He said House members are frustrated
because it is so difficult to get legislation through the Senate."One member can
block a bill from passing," Wilkins said. "Don't fault us for using our rules to
try to get legislation passed."If the Senate changes their rules to where the
majority rules, then we will change. But as long as a minority of one rules the
Senate, we will stand by our process.Sen. Jim Ritchie, R-Spartanburg, tried to
be a soothing voice during the storm."We always focus on doing the very best
that we can," Ritchie said. "At this time of the term, everyone has to show more
discipline in passing legislation. Piling unrelated pieces together is always a
temptation that we should resist."Robert W. Dalton can be reached at 562-7274 or
bob.dalton@shj.com.