Posted on Wed, Feb. 02, 2005


A quick spin ...... around the State House



SENATE COULD VOTE TODAY ON SEAT BELTS

A final vote on a stronger seat belt bill could come as early as today in the Senate, and even most opponents believe the measure will finally pass.

Sen. Larry Martin, R-Pickens, believes today will be the day all amendments and arguments are put to rest. While opponents could attempt to delay, new Senate rules could thwart those attempts.

Those rules, however, require senators to actually vote to end the delays, and this would represent their first attempt to do so.

If the bill receives final approval, it would then go to the House, which has approved a similar bill several times, only to see it die in the Senate.

HOUSE TO BEGIN INCOME TAX DEBATE

The long-awaited debate over a plan to slash income taxes will take place on the House floor today.

Lawmakers expect several hours of debate, with opponents trying to kill the bill by bogging it down with amendments.

The plan would cut the top 7 percent bracket to 4.75 percent over 10 years, but only in years in which tax revenues exceed the previous year’s.

Critics say the cut is too costly; supporters say it would provide an economic boost. The tax plan is at the top of Gov. Mark Sanford’s legislative priorities.

House leaders want to know the fate of the proposal before they start putting together next year’s budget.

LEGAL SYSTEM CHANGES DEBATED

Two bills aimed at limiting lawsuits and jury awards are headed to the Senate floor.

The Senate Judiciary Committee approved a bill Tuesday that sets a $250,000 cap on pain and suffering and other noneconomic damages in medical malpractice lawsuits unless it can be shown that the actions of doctors or hospitals were willful, wanton, reckless or malicious.

Opponents of the cap did win one fight, keeping cases involving paralysis from falling under the $250,000 limit.

An amendment also says that the loss of a spouse’s services would not fall under the cap. Sen. Brad Hutto, D-Orangeburg, said that’s intended to make sure that all the work a stay-at-home mother or housewife provides would be a factor juries consider in making awards.

A second bill affects nonmedical lawsuits and has the same cap. That legislation would:

• Limit the locations that people could bring lawsuits to where the injury or action occurred or to where the defendant lives, in most cases

• Cut the time limit for bringing lawsuits on shoddy construction to nine years instead of 13

• Make it tougher to get large jury awards in cases in which several companies or people may be defendants

• Crack down on frivolous lawsuits and the lawyers who bring them

• Prevent lawyers from using nicknames that create overblown expectations (The Supreme Court is working on similar rules that tell lawyers to stop calling themselves “strong arm” and “heavy hitter.”)

Both bills could come up for debate on the Senate floor next week. The House is considering similar legislation.

— Aaron Gould Sheinin, Jeff Stensland, The Associated Press





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