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Date Published: June 26, 2004
Lawmakers: McMaster's aid won't derail Act
By ADAM BEAM
Item Intern
AdamB@theitem.com
State Attorney General Henry McMaster's decision to
support a lawsuit against the state Legislature regarding the Life
Sciences Act has upset some of the Sumter legislative delegation,
but the lawmakers say they aren't worried that the move will stop
the University of South Carolina Sumter from becoming a four-year
university.
McMaster said Wednesday the Life Sciences Act is
unconstitutional because it is an example of lawmakers tacking on
unrelated items to legislation, or "bobtailing." The Life Sciences
Act establishes, among other things, USC Sumter as a four-year
institution, something Sumter lawmakers have wanted for
years.
The General Assembly passed the legislation in March,
but Gov. Mark Sanford vetoed the bill, calling it unconstitutional
because it dealt with so many issues. The General Assembly then
overwhelmingly overturned the veto.
Greenville native Edward
Sloan Jr., who has filed a series of lawsuits against goverment
agencies, then sued, saying the act violates the state Constitution,
which states that every bill should deal with just one subject.
Rep. Murrell Smith, R-Sumter, said if for some reason the
state Supreme Court rules the act unconstitutional, he and other
legislators will "have to regroup as a legislative delegation and
try again."
"We'll cross that bridge when we get to it," he
said.
USC Sumter can become a four-year institution by either
an act of the state Legislature or by an act of the state Commission
on Higher Education. For CHE to make such a move, the USC board of
trustees would have to recommend the change. Smith said that action
would be hard to get through the USC board, leaving only the
legislative option.
"I think this would be our best hope of
gaining four-year status," he said.
Converting USC Sumter
into a four-year university has been a priority for the Sumter
legislative delegation for years. Lawmakers say it would give a
boost to the local economy by producing more skilled
workers.
Rep. Marty Coates, R-Florence, called USC Sumter an
"economic engine" for the Midlands and Pee Dee regions. State Sen.
Phil Leventis, D-Sumter, said Sumter has "earned the right" to have
a four-year campus. Rep. Joe Neal, D-Hopkins, said anything that
would derail making USC Sumter a four-year campus would threaten the
economic viability of Sumter.
But lawmakers said they weren't
worried that the legislation would be overturned. Neal said that
unless "something extraordinary happens," the legislation will be
upheld. Leventis said opponents of the legislation "don't have a leg
to stand on."
"The title has always conformed with the bill
as passed and it did deal primarily with one subject (economic
development) and the Sumter part of that is very consistent with the
life sciences version because we would have nursing and biology
degrees here," Leventis said.
Neal, who represents parts of
Richland and Sumter counties, said there have been plenty of
opportunities to challenge legislative bobtailing and finds it
interesting that it's only being challenged in this particular
instance.
"I understand the argument that is being put forth
by those who are opposing bobtailing and fully understand their
rationale; however, those are the current rules of the House and the
Senate that allow that," Neal said. "If change is to come, then the
rules must change."
Sanford threatened to sue the Legislature
on the same grounds as Sloan's suit after his veto was overturned
but decided instead to work with the General Assembly to make the
changes Neal alluded to.
Coates said he doesn't think
McMaster's support of the lawsuit will affect the
outcome.
"Well, an attorney general's opinion is, from what I
understand, the last rung on the ladder of legal opinions," Coates
said. "Most judges are going to give it that kind of
credence."
Contact Item Intern Adam Beam at AdamB@theitem.com or
803-774-1294.
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June 28, 2004 
