*1 days opinion, respondent date of this Within fifteen practice his law shall admission surrender certificate an and shall affidavit with this to the Clerk of Court file state complied that he has with Rule showing of Court Clerk RLDE, SCACR. Rule
INDEFINITE SUSPENSION. WALLER, C.J., MOORE, TOAL, BURNETT and PLEICONES, JJ., concur.
v. officially WILKINS, Speaker capacity as David H. in his Representatives, R. Andre Bauer his official S.C. House of Senate, capacity as Lt. and President of Governor Carolina, Respondents. South McConnell, capacity Tempore President F. in his as Pro Glenn Senate, Intervenor. South Carolina
No. 25933. Supreme of South Court Carolina. Heard Dec. Jan. Decided *4 Miller, Carpenter James G. and Jennifer J. both of the Firm, P.C., Greenville, Law Carpenter for Petitioners. *5 McMaster, Assistant Henry Deputy D. Attоrney General Cook, Deputy D. and Assistant Robert Attorney General Columbia, Smith, Jr., for all of Emory Attorney General J. of Carolina. Respondent State South Lenski, Parrish, Hitchcock, L. Jennifer Phillip R. S. Michael Columbia, of Respondent for South Carolina all of and Intervenor. Senate II, Reid, Smith, Benjamin P. Mustain R.
Charles F. Robert Columbia, Dennis, for Respondent all of South and Patrick G. of Representatives. Carolina House Brown, Hubbard, Drake, C. Mitchell F. C.
Dwight William Columbia,; Nelson, Mullins, of Riley Scarborough, & all of Ruth, Womble, Carlyle, both of D. Keith Munson Heather Greenville, Rice, P.L.L.C., for Amicus Curiae. Sandridge & Justice WALLER: original jurisdiction us in our
This matter is before (the Act), Acts violates Act No. determine whether III, subject requirement Article the one South Carolina Constitution.1
FACTS Act No. Assembly enacted On March to as Life Sciences (commonly Acts referred sections, Act). twenty-one separate comprised The Act Act, Capital the Venture Invest- a Life Sciences includes Act, University Infrastruc- Carolina Research ment the South Act, Higher relating an act to Public Institutions ture subjects as will be discussed and numerous other Learning, Legislature Act No. overrode In passing below. original in this petition filed a Court’s Governor’s veto.2 Sloan that Act 187 violates jurisdiction seeking a declaration having law relate to but “Every the force of shall Act or resоlution subject, expressed Art. in the title.” S.C. CONST. and that shall be one Ill, § 17. objection upon the Governor's “fundamental 2. The veto was based tack-ons, containing each their receiving legislation has numerous that considerations, many of which did not receive complex policy own appropriate public debate.” (the III, § 17 provision) the South Carolina granted Constitution. We the petition.3
ISSUES standing challenge Does Sloan have No. 187? and, so, 2. Does Act No. 187 if violate Article are *6 offending provisions severable? 1. STANDING Respondents standing assert Sloan is without to proceed disagree. with this action.4 We As a a general principle, private may individual not judicial power invoke the of an validity determine the or act legislative private executive unless the individual can that, action, show as a result of that a injury direct has been sustained, or that is a danger injury there immediate direct Co., will be sustained. Distribs. Joytime & Amusement Inc. State, 634, 639, (1999). v. 338 S.C. 528 S.E.2d 649-650 However, not an standing] “the rule inflexible one.” [of v. Thompson Drug South Carolina Comm’n on Alcohol & Abuse, 463, 467, (1976). 267 S.C. 719 Standing may a upon party be conferred “when an issue is of such public as to its for importance require guid resolution future 519, 531, County, ance.” Baird v. Charleston 333 511 S.C. (1999). 69, 75 both Recently, S.E.2d this Court and the Court Appeals granted have standing imрortant public cases Sanford, interest. See Sloan v. 357 S.C. 470 S.E.2d (2004) (standing to challenge governor’s commission as an reserve); Air officer Force Sloan v. Greenville County, 347 (Ct.App.2003) (standing S.E.2d declaratory action bring judgment alleging county failed to granted 3. We also intervenor status to Senator Glenn McConnell as Senate, Pro-Tempore granted requests President of the to file ChangeSCNow University amicus briefs to and to the of South Carolina Foundation, University Development Medical of South Carolina Foun- Foundation, Development, University dation for Research and Clemson Inc. By "Respondents,” speaking Assembly. we are of the General Al- though Attorney technically respondent, General is also his brief is more in line with that of Petitioners. with comply ordinances governing procurement construc- tion on design-build public services works projeсts). matter,
In light great public importance of this find standing we Sloan has to maintain this action.
2.ONE SEVERABILITY SUBJECT/ Sloan asserts Act 187 violates the one require ment Article agree. We Act No. 187 contains following provisions: (§§ 1-4) (§
1. The Life Sciences forth setting definitions, etc.; 2§ regarding Depreciation Allow ances; § 3 providing for Economic Development Pro jects Bonds;5 4 reporting requirements) (§§ 5-7) 2. The Venture Capital Investment Act 3. Public Institutions of Highеr Learning relating students,
bonuses for employees, fee waivers for grant and, positions and health in particular, insurance vest- ing institutions of public higher learning (§ 8) power eminent domain *7 4. The South University Carolina Research Infrastruc- (§ 9)
ture Act 5. An Act defining Project Permanent Improvement
(§ 10) (§ 11) 6. of funds by Use research universities 7. a Creation of Four-Year Culinary Curriculum Pro- (§ 12)
gram at College Trident Technical 8. Authorization of a Four-year at degree program Uni- (§ 13) of South
versity Carolina-Sumter 9. A requirement of prior authorization for clos- campus (§ 14)
ing for USC 10.A annual requirement reports of of of out- the number undergraduate any
of-state students at institu- public (§ 15) tion of higher learning 3(C) 5. provisions Section of the Act also the includes for issuance of training project bonds for a tourism infrastructure or a national and international convention and trade show cеnter. 438 for Eligibility requirements Scholarship recipients Life
(§ 16) (and §§ 17-18 institutions and defining eligible grade point averages) Feasibility Study
12. A Law for Carolina School South (§ 19) University not to as an (provisions appro- 13. Section 20 be construed funds) priation (§ 21) Severability Clause Constitution, Ill, § Art. 17 that provides “every
S.C.
having
Act or resolution
the force
law shall relate to but one
that
in
subject,
expressed
purpose
shall be
the title.” The
(1)
III, § 17 is
apprise
of Article
the members
Assembly
by
of the contents of an act
reading
(2)
(3)
title,
prevent
legislative log-rolling and
inform the
which
people of the state of the matters with
the General
Assembly concerns
South Carolina Public Svc. Au
itself.
Bank,
142,
v. Citizens and
Nat’l
300
386
thority
Southern
S.C.
(1989).
775
also
v.
322
Keyserling
Beasley,
S.E.2d
See
S.C.
(1996).
III,
83,
liberally
As previously, noted Seсtion of Act 187 contains a very clause, severability detailed as follows: section, subsection, If any paragraph, subparagraph, sen- tence, clause, or phrase, any word of this act is for reason invalid, held to be unconstitutional or such shall holding not affect or constitutionality validity por- the of the remaining act, tions of this Assembly the General hereby declaring act, that it passed would have this and evеry each section, subsection, sentence, paragraph, subparagraph, clause, thereof, phrase, and word fact irrespective sections, subsections, any that one or para- more other clauses, sentences, graphs, subparagraphs, or phrases, may unconstitutional, words hereof be declared be inval- id, or otherwise ineffective. recently severability Joytime
We addressed in Distribs. & State, Amusement Co. v.
(1999), stating: for severability
The test is whether the constitutional por- itself, tion of statute complete wholly remains inde- pendent rejected, of that which is and is of such a character it may fairly presumed that be that would legislature it that passed independent have which conflicts with the Act, constitution. “When the residue of an sans that por- unconstitutional, capable tion found to be of being execut- intent, Legislative ed accordancе with the independent rejected Act as a portion, whole should not be stricken as in violation of a being Constitutional Provision.” find offending portions We Act 187 are severable. Act, From a it reading the entire is evident that its underlying purpose was to in this growth foster economic
general guise thereby development,” comport of "economic subject requirement of Article 17. For this Court premise give legislative lоgrolling. accept approval would tacit such *9 of through development
state the life sciences Ac- industry. cordingly, subject” we find the “one of Act is that of the life Further, sciences. find of Act provisions we several the are so intertwined with the and of provision growth the life sciences they reasonably field that can to fall within be deemed that subject. Act, Act,
The Life Sciences section 1 of has the the purpose of fostering development economic and encouraging jobs the creation of in high-paying industry.7 the life sciences Allowances,” Section captioned “Depreciation sets forth a 20% depreciation allowance for and machinery equipment used directly in a manufacturing processes the of life facili science ty. 3 of Act provides Section for Economic Development Bonds, Projects and and increases the limits on general obli in gation debt development order “foster economic and to encourage jobs the creation of in high-paying the life sciences industry.” 4 provides reports Section for annual of the cost of act. benefit the We find each of these sections is intrinsically related to underlying purpose of the Life Act so as to fall within subject.8 Sciences its one Act,
Sеctions 5 7 of through Capital the “Venture Act,” Investment were enacted to availability increase the equity, or in near-equity, capital seed amounts of one hundred million dollars or emerging, more for expanding, relocating, State, in restructuring enterprises so to help as strengthen base, the state’s economic and to support economic development goals of this State. We find these provisions sufficiently related to the Assembly’s goal fostering development economic industry the life sciences to withstand a challenge under 17. facility” 7. A engaged "life sciences is defined pharma- as "business ceutical, medicine, laboratory manufacturing, and related instrument 1(B). processing, development or research and ...” Section However, 3(C) provisions section of the Act includes the for issuance training project of bonds for a tourism infrastructure aor national and international simply convention and trade show center. We do not see provisions that underlying spirit these are kindred in nature- to the bill; accordingly, provision the Life Sciences this is stricken as violative III, § of the Article “Public Institutions of 8 of the Act is entitled Section for employees, It for bonuses fee Higher Learning.” provides students, grant positions, provid for waivers establishes This ing students with health insurance. graduate of such Act also vests the board of trustees institutions simply with of eminent domain. We cannot find power provisions underlying purposes that these inhere they Act. viola Accordingly, the Life Sciences are stricken as *10 III, § tive of Article 17. Act,
Section 9 of the the South Carolina Research Act,9 on University Infrastructure increases the limitation percent. bond debt to six This section is general obligation (Economic similar in to 3 of Act Develop nature Section the Bonds), with Projects funding ment and and aids for research universities. Given the direct correlation between research field, universities and the life sciences we find this section sufficiently purposes related to the of the Life Sciences Act to III, § with comply 10 of the and requires Budget
Section the to formally permanent improve Control Board еstablish each to project any may implement ment before actions be taken Act, project. although conceivably such a This section of the Act, simply to too to be related the Life Sciences remote part subject expressed deemed of the one that Act. Accord ingly, it is stricken. Funds,” Act, of gov
Section 11 of the entitled “Use by funding may erns sources which be utilized senior research Notably, tо for provide professorships. universities endowed from matching private this section states that funds or federal for may only “Engineering, Nanotechnology, sources be used Sciences; Sciences, Energy Environmental Sci Biomedical Sciences, ences, for Management Information and and other jobs and well-paying that create en sciences research people for opportunitiеs hanced economic the South Car Clearly, provisions directly olina.” relate to the under these Act. of the Life Sciences lying purposes development purpose of this increase is “to advance economic 9. The thereby knowledge economy, increasing job oppor- and create a based tunities, and to facilitate and increase research within the State at resеarch universities.” of Act remaining We have reviewed the sections cannot find within simply purview we them be are, Act. Accordingly, they excep the Life Sciences severability tion of the set forth in clause stricken III, § as violative Article The stricken sections are as follows: authorizing College Section Trident Technical to estab- 12— four-year culinary
lish a curriculum program. authorizing University Section of South Carolinа 13— campus four-year degree programs. Sumter to offer prior Section authorization for requiring any campus of 14— University any South Carolina to close of its campus- es. Section institutions of requiring public higher learning 15— annually report undergraduate the number out-of-state
students in at for university attendance each semester. Section forth setting eligibility requirements certain for 16— LIFE scholarship recipients. Sections 17 and 18 defining at institutions which students are a LIFE eligible receive Scholarship establishing requisite grade point aver- ages recipients. for *11 establishing study
Section committee to feasibility the 19— and for a of at need School Law South Carolina State in University Orangeburg. 20
Section sets forth the General Assembly’s intent that the forth in provisions set the not be construed to appropri- ate funds. do not simply any
We see manner in which the abоve provisions subject relate the one of the Life Sciences Act. Any may which they clearly tangential relation have too III, fit within purpose meaning § the and of Article the Accordingly, provisions above are stricken.
CONCLUSION find Act No. 187 subject requirement We violates the one of III, However, Article 17 of constitution. the we find those Act, provisions germane which are to the Life Sciences as set above, subjеct forth are within the one of requirements
443 are, III accordingly, upheld. offending provisions and The of Act 187 are stricken.
TOAL, C.J., BURNETT, MOORE and concur.
PLEICONES, J., in a dissenting separate opinion.
Justice PLEICONES.
I in respectfully part concur In part. my dissent Act 187 is opinion, constitutional in its entirety. objectives
“The three of provision the constitutional requir- (1) that act ing each relate to apprise are to the of members the General of Assembly by the contents of an act (2) title, (3) reading prevеnt the legislative log-rolling and inform people the of the of the matters with which the Assembly concerns Pub. itself.” S.C. Serv. Auth. v. S.C., 142, 162, Citizens S. Natl. Bank 300 S.C. 386 (1989) (citations 775, omitted); S.E.2d 786-87 Carll v. S.C. Auth., Jobs-Economic Dev. 284 S.C. (1985) (citations omitted).
334 The of an act title “need not be an index to every provision of the act” in to “apprise order members of the General Carll, Assembly” and “inform people 284 State.” Hercules, at at (citing S.C. S.E.2d Inc. v. Tax S.C. Commn., (1980)). case, S.E.2d 45 In this title is an to еvery provision index of Act so neither the legislators nor people lacked notice of the acts contents. Act 187 not Accordingly, objec- does violate the first or third tives Article section 17.
That leaves as log rolling only possible basis for invali- act. dating “Log rolling” is a “legislative practice of matters, which, embracing one bill several distinct none perhaps, singly could obtain legislature, the assent оf the procuring passage by then its a combination of the minorities in favor of majority each the measures into a that will adopt (5th 1979). them all.” Blacks Law In Dictionary ed. constitution, language “every Act or having resolution Const, *12 subject.” the force of law shall to but relate one S.C. Ill, art. is, therefore,
The issue Act provisions whether the 187 subject. are germane one The finds that majority “the 444 to the from life sciences subjеcts, ranging with teeming
is I disagree. arts institute.” The culinary of a establishment subject a is too narrow. what constitutes majority’s view of construed, and con- III, liberally 17 is to “be Article section v. Keyserling if practicable.” as to uphold [an act] strued so (1996); 100, 83, 86, 102 McCol- 470 S.E.2d 322 S.C. Beasley, (1948). 12, 14 49 213 S.C. S.E.2d Snipes, lum v. Here, reasonably relate provisions all of Act 187’s subject development. of economic subject does not general is a develoрment”
That “economic 17 not subject. section “does it an invalid render branches of dealing from with several legislature preclude at in a act.” S.C. single Keyserling, general 21, 86, Scheper, at 102 De Loach v. S.C. (citing 470 S.E.2d (1938)). Further, should read the the Court 198 S.E. Keyserling, in isolation. together, of Act 187 not provisions various at 103. Act 187 addresses at knowledge-based including aspects development, of economic research, education, workforce, ven- industry, the life-sciences I would and tourism.10 permanent improvements, capital, ture entirety. Act 187 its uphold “teeming that Act 187 is majority I not with the agree do stated, I act As I believe the relates subjects.” have an subject. If Act 187 were indeed branches of one several unconsti- it should be declared log rolling, then indulgence legislative undermines the entirety. Log rolling tutional in its majority rule. Sever- principle and the democratic process nor of an act corrects provisions prevents neither ing certain uncertainty promotes rolling, but rather “creates log one-subject rule. arbitrary uneven enforcement” Voinovich, rel. v. Ohio St.3d ex Ohio AFL-CIO (Ohio 1994) (William Swee- 249-50, 631 N.E.2d 599-600 development beyond scope examples topics of economic Some law, elections, judicial procedure, and domestic-relations criminal are majority arguably only by that is not provision invalidated law. The forth the germane development is section which "sets to economic Assembly's provisions set forth in the Act not be intent that the majority section 20 be- appropriate funds.” The strikes construed to however, unrelated, because It is it is unrelated to life sciences. cause rationale, majority's interpretation Under it аn section. stricken, containing severability be for it clause should also sciences, not relate to life either. does
445 see also J., ney, concurring part part); in in dissenting Elections, rel. v. County State ex Hinkle Franklin Bd. of (Ohio 1991) (Douglas, Ohio St.3d 580 N.E.2d J., dissenting) (asking, majority “[H]ow does the know which the Act Act a part promulgation is defective? The Assembly package form. Can we break into the (or be) what want package percеive excise we State, (Fla. part?”); Heggs v. offending So.2d 2000) (stating it is unsound to “manifestly employ severabili ty”). in Act 187 Employing severability clause turns the Court into super-legislature. I
Because find all of 187’s provisions germane I development, of economic would hold act consti- tutional its entirety. DeWalt, Jr., George capacities COLE and in their
Gloria Representatives George as Personal of the Estate of Cole, deceased, Petitioners/Respondents, Ernest
v. GAS, SOUTH CAROLINA ELECTRIC & INC., Respondent/Petitioner.
No. 25932. Supreme Court of Carolina. South 1, 2004.
Heal’d Dec. 31, 2005. Decided Jan. Rehearing Denied March