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Date Published: April 1, 2004
Governor backs off lawsuit
Sanford will not target USC Sumter 4-year legislation
By BRADEN BUNCH
Item Staff Writer
bradenb@theitem.com
Gov. Mark Sanford will not sue the General Assembly for
its decision to pass the South Carolina Life Sciences Act — for
now.
Two weeks ago, Sanford threatened litigation, saying he
believes the omnibus bill that includes the expansion of the
University of South Carolina Sumter campus could be
unconstitutional.
The governor had called a news conference
for noon today to announce his decision on the possibility of a
lawsuit. But on Wednesday night, the governor’s office canceled the
conference, saying the governor decided not to file a suit based on
meetings held earlier in the day with members of the state
Legislature.
“We’re certainly not giving up the option of
taking this thing to court,” Sanford said in a news release late
Wednesday night. “Based on feedback from folks in the General
Assembly this afternoon, though, I’m taking them at their word that
there is a willingness to fix this thing legislatively.”
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SANFORD |
Shortly after
announcing the news conference, The Associated Press reported House
Republicans told Sanford in a secret meeting Wednesday to back off
the threat to sue.
“We believe that there are no merits to
the lawsuit,” House Speaker David Wilkins said. “He will not
prevail.”
Sanford has contended the Life Sciences Act, with
myriad proposals attached during the legislative process, could have
violated Article 3, Section 17 of the state constitution, which
says, “Every Act or resolution having the force of law shall relate
to but one subject, and that shall be expressed in the title.”
Legislators have argued every measure in the Life Sciences
Act focuses on economic development, making all the provisions
related to one another.
The governor was vehemently opposed
to several amendments attached to the Life Sciences Act — including
the expansion of USC Sumter to a four-year campus — and promised for
months that he would veto the legislation if the “totally unrelated
pork barrel spending” was not removed.
Less than 19 hours
after the governor officially announced his veto of the bill, both
chambers of the Legislature overturned his decision by extensive
margins.
State Sen. Phil Leventis, D-Sumter, who pushed
strongly for the USC Sumter provision, said he was pleased to hear
the governor might be backing off a lawsuit.
“I’m delighted
because it’s better to join hands than it is to sneer across the
table,” Leventis said. “A lawsuit should be the last
effort.”
“Sumter’s such an incredibly positive place, I can’t
believe that it should be at the middle of a brouhaha about progress
in the state,” Leventis said. “Progress in the state can start here,
just like it can start anywhere else.”
Other than taking the
issue to the Supreme Court, Sanford said during a news conference
two weeks ago that he and his advisers were also considering
proposing legislation to prevent similar bills in the
future.
Wednesday night the governor reiterated this
opinion.
“I’ve said all along that my fundamental goal is
fixing this process so that the best interests of the taxpayers are
protected. If there’s a willingness to achieve that objective on the
legislative side of the equation then I’m certainly willing to give
that process a little bit more time before moving forward with a
legal option,” Sanford said.
Contact Staff Writer Braden
Bunch at bradenb@theitem.com or
803-774-1222.
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May 17, 2004 
