While some lawmakers are trying to portray the
General Assembly as moving too fast on important bills this legislative
session, we'd say it simply is trying to catch up after years of
unconscionable gridlock. The major bills that are getting quick
consideration are hardly plowing new ground. As House Ways and Means
Chairman Bobby Harrell noted in our report Monday, most are holdovers from
the past session. Some, such as restructuring, have been kicked around
even longer. More than deliberation, we suspect that what some senators
are really missing is the ability to virtually single-handedly stop
legislation in its tracks.
Happily, the changes in the Senate rules during the opening days of the
session have created a new sense of optimism in the Statehouse. Now --
finally -- there's more than a good chance that the majority might
actually prevail. That's too rarely been the case in recent years as a
handful of senators brought most meaningful action in that body to a
standstill.
While the Senate has mostly been to blame, there are some House members
who counted on their Senate counterparts to stop bills they couldn't
defeat in their own chamber. There's still plenty of room for debate. But
no longer can a single senator's objection hold up legislation
indefinitely. Lawmakers no longer feel they are wasting their time
studying such complex issues as tort reform, which faces both bodies this
week.
The House, it should be remembered, approved tort reform legislation
early last year. No surprise, it died in the Senate. At least that won't
happen this year without the Senate having a chance to vote the bill up or
down. That's the least the public deserves to see happen. We believe there
are persuasive arguments that tort reform is an area overdue for relief.
A recent S.C. Supreme Court decision highlighted the judge and jury
shopping that's been allowed for decades due to a misreading of state law.
While the court decision is viewed as solving a portion of the problem by
restricting where certain suits can be filed, there are good arguments for
further reform, including preventing a "deep pockets" defendant who bears
little blame from having to pay all of the cost.
In addition to tort reform, the governor's income tax reduction plan
that passed the House was in the hopper last year as was the much-debated
seat belt law that has now passed the Senate, along with charter school
legislation that also has gotten House approval. Since there has been
little turnover in the Legislature since last session, most members are
more than familiar with the issues.
Senate President Pro Tempore Glenn McConnell rightly credits the rules
change for unclogging the system. "People are reluctant to hold things up,
no question about it. It's forcing them to work out their problems," the
senator told reporter Brian Hicks. That's because there now is a very good
chance that sooner or later a bill might actually come up for a vote in
the Senate rather than being kept indefinitely under a few members'
thumbs.