AMERICAN PETROLEUM v. S.C. DEPT. OF REV.

No. 26645.

382 S.C. 572 (2009)

677 S.E.2d 16

The AMERICAN PETROLEUM INSTITUTE and BP Products North America Inc., Petitioners, v. SOUTH CAROLINA DEPARTMENT OF REVENUE, The State of South Carolina, Andre Bauer, in his official capacity as President of the South Carolina Senate and Glenn F. McConnell, in his official capacity as President Pro Tempore of the South Carolina Senate, and Robert W. Harrell, Jr., in his official capacity as Speaker of the House of Representatives, Respondents. The South Carolina Petroleum Marketers Association, Intervenors.

Supreme Court of South Carolina.

Decided Filed May 4, 2009.


Attorney(s) appearing for the Case

Dwight F. Drake, C. Mitchell Brown, B. Rush Smith, III, and A. Mattison Bogan, all of Nelson Mullins Riley & Scarborough, of Columbia, for Petitioners.

Bradley S. Wright and Charles F. Reid, both of Columbia, for Respondent Robert W. Harrell, Jr.

Michael R. Hitchcock and Kenneth M. Moffitt, both of Columbia, for Respondents Andre Bauer and Glenn F. McConnell.

Ronald W. Urban and Milton G. Kimpson, both of Columbia, for Respondent South Carolina Department of Revenue.

Attorney General Henry D. McMaster and Assistant Deputy Attorney General J. Emory Smith, Jr., both of Columbia, for Respondent State of South Carolina.

William L. Howard, Sr., Stephen L. Brown, Lea B. Kerrison, and Russell G. Hines, all of Young Clement Rivers LLP, of Charleston, for Intervenor South Carolina Petroleum Marketers Association.

Christian Stegmaier and Amy L. Neuschafer, both of Collins & Lacy, of Columbia for Amicus Curiae South Carolina Association of Convenience Stores.

James G. Carpenter, of Carpenter Law Firm, of Greenville, for Amicus Curiae SC Public Interest Foundation.

William L. Taylor, of Taylor & Powell, of Alexandria, VA, for Intervenor Petroleum Marketers Association.

Alphonse M. Alfano, of Bassman, Mitchell & Alfano, of Washington, DC, for Intervenor Petroleum Marketers.


Justice PLEICONES:

We accepted this matter in our original jurisdiction to address Petitioners' claim that Act 338 enacted by the General Assembly in 2008 violates the one subject rule of the South Carolina Constitution, Article III, § 17. We agree with Petitioners.

The General Assembly ratified 2008 Act No. 338 on June 5, 2008. The Governor vetoed the legislation days later and the General Assembly then voted...

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