Posted on Sat, Jan. 29, 2005


Court strikes trade-center funds
MB item ruled irrelevant part of life sciences bill

The Sun News

COLUMBIA | The state Supreme Court on Friday threw out a $7 million allocation for an international trade center in Myrtle Beach as an irrelevant piece of a $500 million economic development bill.

Local leaders see the trade center as part of a three-legged plan to boost the area's economy to a new level. The other two parts are a new airport and Interstate 73.

The 4-1 decision came in a rare Friday ruling on the issue of whether the bill was an example of bobtailing, an illegal method that includes unrelated elements in the same legislation.

The court struck several parts of what was called the Life Sciences Act, which also came to be described as the Christmas tree bill or the kitchen-sink bill.

The court ruled that the bill's "underlying purpose was to foster economic growth in this state through development of the life sciences industry."

A trade center did not meet that purpose, the court said.

"That's very disappointing," said state Rep. Alan Clemmons, R-Myrtle Beach. "As I see it, there is a rational nexus between economic development and the establishment and funding of an international trade center."

"None of us really thought this would happen," Myrtle Beach Area Chamber of Commerce President Brad Dean said. "We are surprised and disappointed, but the project is still a very important one."

The trade center can't happen without state and federal funding, Dean said.

U.S. Sen. Lindsey Graham, R-Seneca, already had pledged his support and promised to try to get the project some money in the federal budget.

State Rep. Tracy Edge, R-North Myrtle Beach, a member of the budget-writing Ways and Means Committee, said the court's ruling means there will be a battle to get the money for the trade center this year.

"I think you'll likely see a bill like the life sciences bill that deals with tourism," Edge said.

Edge said he also is concerned that the Supreme Court is dictating what legislative intent should be.

House Speaker David Wilkins, R-Greenville, praised the court's decision and said he hopes it "will persuade all lawmakers to draft better bills."

The Life Sciences Act, passed last year, was aimed at fostering research in life sciences and economic development programs related to that research.

Other inclusions the court found improper were a culinary-arts school in Charleston to replace Johnson and Wales University after it moved to Charlotte, N.C.; an expansion of the University of South Carolina at Sumter to a four-year college; and a feasibility study for a law school at S.C. State University, among others.

The bill passed by overwhelming majorities in both houses.

Gov. Mark Sanford vetoed the bill in March and called it a horrendous example of bobtailing. The House and Senate overrode the veto.

Sanford threatened to sue, but Greenville businessman Ed Sloan, who has brought similar suits, beat him to the punch.

Citing the case's importance, the Supreme Court took it directly.

Though the bill was not specific about a location for a trade center, the plan was to use the money for part of the costs to buy a site. The project site is adjacent to the convention center.

Negotiations for a price on the land already have started with owner Burroughs and Chapin Co. Inc. Officials said Friday's decision would not affect those discussions.

The Myrtle Beach City Council voted Jan. 20 for city staff to pursue the trade-center plan.

"There were enough question marks; nobody considered that money in the bank," city spokesman Mark Kruea said. "I don't think anybody put a whole lot of stock in it."

B&C spokesman Pat Dowling said, "We would assume given the widespread support ... that the city and the chamber would pursue funding once again."


Staff writer Dawn Bryant contributed to this report. Contact ZANE WILSON at 520-0397 or zwilson@thesunnews.com.




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