EDITORIAL
Braiding,
Prescription Veto Wrong? Is Sanford
letting his desire for perfection bar useful legislation from
passage?
If that government is best that governs least, Gov. Mark Sanford
may have been right this week to veto a bill that sets up training
requirements for unlicensed hair braiders. Once prolific along the
beach, noncosmetologists who braid hair now face fines and jail
terms if they ply their trade without the 1,500 hours of training
required of other cosmetology specialists. State regulators put them
out of business last year.
But we're far from sure Sanford's veto was appropriate,
and not only because it also killed a measure making it easier for
out-of-state visitors to get their prescriptions refilled. The
governor may have allowed his avowed desire for legislation that
adheres to his vision of state power to cancel out a good-faith
legislative attempt to correct an intolerable situation.
The hair-braiding portion of the bill would have reduced the
training requirement for unlicensed hair braiders to only 60 hours.
Now that it's gone, the ridiculously rigorous 1,500-hour cosmetology
training requirement will remain in effect for them. For now,
unlicensed hair braiders are still out of business.
Sanford promises a full-court legislative press to put them back
in business with no training requirement, and to pass a separate
bill to help S.C. visitors refill prescriptions issued legally in
other states. The governor's track record in shaping legislation the
way he wants it, however, is not all that great.
There's no guarantee that the prescriptions bill, shepherded
through the 2004 General Assembly by S.C. Rep. Alan Clemmons,
R-Myrtle Beach, will pass again. Even if a new bill makes it to
Sanford's desk next year, the 2005 tourism season will be well under
way before it goes on the books, further incon veniencing visitors,
especially seniors, who run out of their medications while visiting
the Grand Strand and South Carolina. In some cases, visitors must
make expensive emergency-room visits to obtain temporary
prescriptions.
Moreover, Sanford may be wrong in insisting that hair braiders
need no state oversight. The now-defunct 60-hour requirement may
have been too rigorous, but it at least would have guaranteed
cleanliness training for hair braiders. Such training seems
reasonable - whether at 60 hours or a lower level. Lice and other
parasites abound during warm, muggy summertime beach weather. Hair
braiders should be aware of how to protect customers from them.
Legislators should revisit both subjects, as Sanford requests.
But if they see fit to reimpose minimal training for hair braiders,
he should think long and hard before exercising another veto. Hair
braiding just might be one endeavor in which the state should take a
regulatory interest.
Bobtail blues
In explaining his veto of the hair-braiding/prescription-refill
bill, Sanford did not discuss the legislation's broken-backed
structure. In apparent violation of the S.C. constitutional
requirement that legislation be devoted a single subject,
legislators attached hair-braiding provisions to Clemmons' existing
measure on prescriptions. Sanford rightly wants legislators to
desist from such "bobtailing."
The bill at hand illustrates why, as a matter of principle, he's
right. To kill a hair-braiding measure to which he objected (rightly
or wrongly), Sanford also had to kill a bill to which no one, him
included, objects. If the purpose of lawmaking is to create a
better, more rational South Carolina, such games of chicken should
have no place in the
process. |