South Carolina Public Interest Foundation and Edward D. Sloan, Jr,. individually, and on behalf of all others similarly situated, Petitioners,
James H. "Jay" Lucas, as Speaker of the S.C. House of Representatives, Henry D. McMaster, as President of the S.C. Senate, and the State of South Carolina, Respondents. Hugh K. Leatherman, Sr., in his capacity as President Pro Tempore of the South Carolina Senate, Intervenor
March 22, 2016.
Appellate Case No. 2015-001441.
G. Carpenter, Esquire, of Carpenter Law Firm, PC, of
Greenville, for Petitioners.
J. Anzelmo, and Blake Terence Williams, both of Nelson
Mullins Riley & Scarborough; Richard L. Pearce, Patrick G.
Dennis, and Charles Fennell Reid, all of Columbia, for
Respondent James H. " Jay" Lucas, Jr.; Attorney
General Alan McCrory Wilson and Deputy Solicitor General J.
Emory Smith, Jr., both of Columbia, for Respondents State of
South Carolina and Lieutenant Governor Henry D. McMaster.
M. Moffitt and Edward Houseal Bender, both of Columbia, for
Intervenor Hugh K. Leatherman, Sr.
JUSTICE PLEICONES. BEATTY, KITTREDGE and HEARN, JJ., concur.
FEW, J., dissenting in a separate opinion.
THE ORIGINAL JURISDICTION
agreed to hear this constitutional challenge to the 2015-16
Appropriations Act in our original
jurisdiction. Petitioners contend, and we agree,
that the inclusion of Proviso 84.18 in that act violates the
" one subject" requirement found in S.C. Const.
art. III, § 17. As explained below, we hold that where
the general appropriations act contains a section that is not
germane to the purpose of that act, i.e., one that does not
" reasonably and inherently relate to the raising and
spending of tax monies," that section may be excised by
a court. In so doing, we modify our holding in Am.
Petroleum Inst. v. South Carolina Dep't of Rev., 382
S.C. 572, 677 S.E.2d 16 (2009).
Carolina Code Ann. § 57-1-410 (Supp. 2015) provides for
the appointment of an administrative official denominated the
Secretary of Transportation. This statute, enacted as §
5 of 2007 Act No. 114, reads:
The Governor shall appoint, with the advice and consent of
the Senate, a Secretary of Transportation who shall serve at
the pleasure of the Governor. A person appointed to this
position shall possess practical and successful business and
executive ability and be knowledgeable in the field of
transportation. The Secretary of Transportation shall receive
such compensation as may be established under the provisions
of Section 8-11-160 and for which funds have been authorized
in the general appropriations act.
next section of 2007 Act No. 114 provided:
Unless extended by subsequent act of the General Assembly,
the Governor's authority to appoint the Secretary of the
Department of Transportation pursuant to Section 57-1-410
terminates and is devolved upon the Department of
Transportation Commission effective July 1, 2015. All other
provisions regarding the rights, powers, and duties of the
secretary shall remain in full force and effect.
84.18 purports to suspend the 2015 termination/devolution
provision of 2007 Act No. 114, § 6, for the fiscal year,
i.e., until June 30, 2016, thus leaving intact the
appointment authority given to the Governor in § 5.
seek a declaration that the inclusion of Proviso 84.18 in the
appropriations act violates art. III, § 17. This section
of our state constitution provides:
§ 17. One subject.
Every Act or resolution having the force of law shall relate
to but one subject, and that shall be expressed in the title.
III, § 17 has three objectives:
" (1) to apprise the members of the General Assembly of
the contents of an act by reading the title; (2) to prevent
legislative 'log-rolling', and (3) to inform the
people of the State of the matters with which the General
Assembly concerns itself." Am. Petroleum Inst. v.
South Carolina Dep't of Revenue, 382 S.C. 572, 576,
677 S.E.2d 16, 18 (2009).
Sea Cove Dev., LLC v. Harborside Comm.
387 S.C. 95
691 S.E.2d ...