Greenville man sues lawmakers over Life Sciences Act

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Ed "Ned" Sloan of Greenville alleges that the Life Sciences Act is unconstitutional because it deals with more than one subject. Lawmakers hope the bill will lure a pharmaceutical company to the Upstate.

Sloan asked the South Carolina Supreme Court to hear the case because he said the money at issue in the bill would be spent by the time a normal trial would occur.

Sanford last week threatened to sue the General Assembly over the bill for the same reason as Sloan but backed off after a private meeting with GOP House members and assurances that lawmakers would try and remedy the practice of joining unrelated legislation.

Asked if he was concerned his lawsuit could affect the pharmaceutical prospect, Sloan replied, "I don't have any interest in the substance of the act."

News of the lawsuit surfaced Wednesday as a Senate subcommittee passed a stripped-down version of the bill enacted earlier this year.

The new Life Sciences bill would only offer financial incentives to pharmaceutical and biotechnology firms, a move lawmakers hoped would keep any potential lawsuit by Sanford from frightening away the pharmaceutical prospect.

The "clean" version of the bill passed the House unanimously last week, but several senators have said they object to it.

The lawsuit names House Speaker David Wilkins of Greenville, Lt. Gov. Andre Bauer, who presides over the Senate, and the state. Sloan asked that the justices strike the Life Sciences Act as invalid.

House Speaker David Wilkins called the lawsuit "unfortunate" but declined further comment.

Senators said they believed Sloan would lose his battle in court. But they worried about the suit's impact.

"My only concern is that it could very well jeopardize the company that is coming," Sen. Larry Martin of Pickens said. "Maybe it will enable us to get the clean bill through the Senate."

Hours later, a four-member subcommittee approved the stripped down bill. Sen. John Matthews, a member of the panel who said Tuesday he had problems with the bill, said Wednesday he changed his mind after he was assured by Senate leaders parts of the original bill he had an interest in would be addressed even if a lawsuit struck it down.

The bill enacted last month provides financial incentives for drug companies that invest in South Carolina and creates a $50 million venture capital fund to help startup companies.

It also will provide hundreds of millions of dollars for "research infrastructure" needs in the state's colleges, primarily at the South Carolina's three research universities: Clemson, the University of South Carolina and the Medical University of South Carolina.

Sanford objected to several tacked-on measures that include making the University of South Carolina's branch campus in Sumter a four-year school, new criteria for LIFE scholarship recipients and a S.C. State law school study.

Lawmakers also added a last-minute provision to pay $7 million toward a Myrtle Beach convention center. The governor vetoed the bill but lawmakers overrode his veto.

Sloan last year sued Sanford over the governor's Air Force Reserve service, questioning whether the state's constitution barred governors from holding federal military commissions. The state Supreme Court heard the case and sided with Sanford.