COLUMBIA--A venomous daylong feud concerning a
bill limiting lawsuits ended in a deal Wednesday that pushed the
legislation closer to Gov. Mark Sanford's desk.
House members ultimately voted 115-to-0 to adopt the Senate's changes
to the bill that restricts liability and jury awards in non-medical tort
cases. But not before touching off a procedural filibuster full of
personal attacks, cursing and intense rhetoric from those on both sides of
the issue -- actions some members said would tarnish House relations
months to come.
The Senate approved the House's version of the bill last week, changing
only one provision. A majority of House members agreed to the change, but
the opposition, led by Rep. James Smith, D-Columbia, said an ambiguous
provision in the bill could leave victims with less or no money.
Smith came armed with about 8,000 amendments that could have held up
passage for more than 45 days straight. House members began to change the
rules to limit Smith's ability to hold up the bill, but compromised before
it was needed.
Smith withdrew his amendments after Senate President Pro Tem Glenn
McConnell, a Charleston Republican, guaranteed that language clarifying
those parts of the bill would be put into the medical malpractice bill in
the Senate.
The House already approved the medical malpractice legislation, and
McConnell promised it would pass the Senate.
The added sentence spells out that plaintiffs who are partly liable
would not get penalized twice when it came time to recover jury awards.
The negotiations didn't change the central parts of the bill, which
limits wealthy defendants' liability, restricts the lawsuits' venue and
decreases the time builders are responsible for construction flaws.
After the legislation is ratified next week, the measure will be sent
to the governor, who is expected to sign the legislation.
"Obviously getting a tort reform bill to the governor's desk that will
make the state more competitive is a good thing," Sanford's spokesman Will
Folks said.
DAMAGE DONE
While the bill didn't change much, the debate could alter how the House
conducts business now that both sides have demonstrated the extreme
lengths they are willing to go.
Minority party members believe they found a successful way to make
themselves heard by the majority.
"I hope that nobody has to resort to putting up 8,000 amendments to
make a point," said Minority Leader Harry Ott, D-St. Matthews. "But it has
kept us in the debate."
Republicans typically have such a substantial majority in the House
that they rarely have to compromise with dissenters. But some Republicans
acknowledged that Smith's line of attack worked.
"It's an effective strategy, but it's not fair to the process," said
Rep. Wallace Scarborough, Charleston.
To counter Smith, the House Rules committee quietly tried to change the
body's rules to substantially limit his capacity to hold up the debate
with thousands of amendments.
The rules change, which would have needed to be approved by two-thirds
of the House, was never evoked. But Speaker David Wilkins, R-Greenville,
said it was a useful threat.
If Smith's tactics become standard operating procedure, Wilkins said
he'd push for a permanent rule change next year. "No one favors filibuster
by amendment," he said.
Regardless of whether the approach is used again, some members said the
atmosphere on the House floor wouldn't be the same.
"There is so much personal animosity and otherwise right now that it is
going to carry over past this session," said Rep. Bill Cotty, a Columbia
Republican and former speaker.
Rep. Harry Cato, R-Greenville, said it was "the worst, most contentious
debate" in some time. "I think all courtesy went out the window," he
added.
Wilkins downplayed the tone of the debate, saying this is exactly how
the legislative process should work.
"This week is a perfect example of democracy in action," he said.