EXECUTIVE SUMMARY

South Carolina Policy Council

1323 Pendleton St., Columbia, SC 29201 803-779-5022 scpolicycouncil.com

Reform the Legislature

South Carolinas General Assembly has long enjoyed a virtual monopoly of power over the states government and economy. The Legislature overshadows the executive branch and controls judicial branch appointments. Likewise, the Legislature directs South Carolinas economy by means of numerous boards and regulations, as well as by distributing billions of dollars in economic incentives and tax breaks to special interests. Appointment Power Over Hundreds of Executive and Judicial Branch Positions The Legislature makes more than 420 appointments to executive branch boards and commissionsmore than half as many as the governor makes. The Speaker of the House and the Senate President Pro Tempore, combined, make more than 120 appointments to executive branch boards and commissions15 percent as many as the governor himself. The Legislature also exercises significant influence over the judicial branch through its exclusive control of upper-level judiciary appointments. South Carolina is the only state in the country that gives its legislature such power.

Concentrated Power in the Legislative Leadership The Legislature itself is essentially run by four individuals: the Speaker of the House, the President Pro Tempore of the Senate, the Chairman of the House Ways & Means Committee, and the Chairman of the Senate Finance Committee. The Speaker of the House appoints all committee members, who in turn, select the chair of each committee. This includes the chair of the House Ways & Means Committee. The chair of the House Ways & Means Committee and the chair of the Senate Finance Committee exercise enormous power over state government by virtue of their positions on the Budget & Control Board (BCB). Unlike the other three members of the BCB, the legislative members of the board are not elected to statewide office. In fact, the Senate Finance chair is in no way accountable to voters statewide and holds his position based solely on seniority.

Control Over the Economy, Education and Other Areas The Legislature exercises tacit control over the states government and economy by means of 250-plus boards and commissions that regulate nearly every activity in the state. By means of such agencies as the S.C. Research Authority and the Endowed Chairs Program the legislative leadership is seeking to create a top-down, government-driven economy for South Carolina. The General Assembly likewise exercises a great deal of control over K-12 school policy via the State Board of Education and over the states university system by means of its appointment power over highered boards. Finally, in the name of job creation, legislators have allocated more than $1.5 billion in economic incentives to favored business interests.

If one of the primary obstacles to good government in South Carolina is a state constitution that concentrates power in the Legislature, there are several statutory changes that would go a long way toward breaking the Legislatures control over our states government and economy. These include: eliminating the Budget & Control Board; reforming the Senate committee selection and chairman appointment process; and increasing gubernatorial authority over executive branch boards and commissions.
Nothing in the foregoing should be construed as an attempt to aid or hinder passage of any legislation. Copyright 2010 South Carolina Policy Council.