Sanford threatens to summon lawmakers

Governor insists budget issues must be settled before June 13 primary

By AARON GOULD SHEININ and JOHN O’CONNOR

asheinin@thestate.com

Gov. Mark Sanford is threatening to make lawmakers return to Columbia next week to vote on his many expected budget vetoes.

Upset that legislators would consider waiting until after the June 13 primary, Sanford called a news conference and vowed to use his power to force the General Assembly back to work next week.

Whenever the House and Senate give final approval to the state budget this week, it is doubtful Sanford would be able to finish his review of the bill before lawmakers are required to adjourn at 5 p.m. Thursday.

His vetoes would stand unless the Legislature votes to override them. But if Sanford issues his vetoes after 5 p.m. Thursday — and he’s promised to have them ready by Monday — the General Assembly has few options.

• Lawmakers can agree to come back at a certain date, for a limited amount of time to take up the governor’s vetoes.

• Or, they can opt to let Sanford’s vetoes — and any new program funding — remain on hold until January.

Sanford said “the most fundamental of all legislative branch responsibilities” is to finish work on the budget.

It’s important, he said, that voters in the June 13 primary know whether their House member voted with the governor or with the Legislature. Sanford believes the General Assembly is spending too much and not returning enough money to taxpayers.

“For primary voters to go to the ballot without an understanding of how their representative voted or didn’t vote on this important issue both statewide, and in their district, is to do a disservice to the folks who will take part in the electoral process,” he said.

Under the state constitution, Sanford can order the General Assembly into “extraordinary” session. But leaders in the Senate question the timing.

To choose the time of their return themselves, both the House and Senate must approve what’s known as a “sine die” resolution. It allows lawmakers to return for a set amount of time after the 5 p.m. Thursday adjournment.

Senate Rules Committee chairman Larry Martin, R-Pickens, and Senate Finance Committee chairman Hugh Leatherman, R-Florence, argue that if lawmakers adopt the resolution, they remain in session until they leave for good.

“How can he call us back if we haven’t gone anywhere?” Leatherman said.

But Sanford is relying on a 1984 opinion from then S.C. Attorney General Travis Medlock that says the governor can order the Legislature into session even though lawmakers have agreed to come back at another time.

House Speaker Bobby Harrell, R-Charleston, believes Sanford is correct.

“We’ve looked into that,” Harrell said. “That surprised me.”

The Senate has decided to return June 14-16. The House is considering that same resolution.

Harrell wanted to come back next week but was waiting to see if there was any unfinished legislation, such as a bill requiring monitoring of sexual predators. Those bills could be added to the resolution to allow lawmakers to work on them during the extended session.

Martin said the dates reflect State House tradition, in which lawmakers adjourn, break for a week and then come back to deal with vetoes. Plus, Martin said, several senators have scheduled vacations for next week.

In the House, several representatives who face June 13 opposition want next week — the only week between Thursday’s adjournment and the primary — to campaign in their districts.

Though lawmakers have agreed on a budget compromise, the House is withholding a final vote until the Senate approves its property tax compromise. The Senate adjourned before voting on a key portion of the plan Tuesday, and both the tax plan and the budget could be debated today.

Reach Sheinin at (803) 771-8658. Reach O’Connor at (803) 771-8358.