Posted on Mon, Nov. 17, 2003


GOP under fire about symposium


Staff Writer

State Senate Republicans will hold a symposium on tort reform Thursday, allowing anyone to voice an opinion about changing state laws on lawsuits or jury verdicts.

Afterward, those who pay up to $10,000 can get a private audience with Republican members of the Senate.

That sends the wrong message about the legislative process, political analysts and Democrats say.

“It’s not particularly a wise practice,” said Francis Marion University political scientist Neal Thigpen, a Republican. “It gives the appearance that one has to (pay) all this money to get access.”

Part of the S.C. tort reform effort calls for caps on jury awards in civil cases. Many groups, including doctors and insurance companies, say jury awards in malpractice cases are too large and are responsible, in part, for the high cost of health care.

Others, including patient groups, say caps would limit compensation for those injured by incompetent doctors. Most trial lawyers also oppose caps, in part because smaller jury awards mean smaller fees for them.

Senate Majority Leader Hugh Leatherman, R-Florence, said there is disagreement within the GOP caucus on tort reform. He said the symposium is a chance for Republican lawmakers to hear all sides of the argument.

It’s an effort, he said, “to see if we can help frame the legislation.”

It’s not about buying access, he added.

The money “doesn’t get them anything except an opportunity to be heard if they choose to,” Leatherman said.

But state Sen. Tommy Moore, D-Aiken, said the opportunity to be heard already exists — for free.

Moore is chairman of a Senate subcommittee that has been studying tort reform legislation this summer and fall. Several bills dealing with the issue already are before lawmakers.

The subcommittee has had two public hearings, Moore said, during which opponents and supporters of tort reform gave their opinions.

The Republican symposium, Moore said, “is questionable and I sure think it’s distasteful. People interested in tort reform have had an opportunity to be heard. To do this cheapens the process.”

Moore said the message to the public is, come to the subcommittee hearings, and “if you didn’t get what you want, come to this (symposium) and pony up and maybe you’ll get a better deal.”

‘JUST THE FIRST IN A SERIES OF EVENTS’

Republicans said the symposium is a fund-raiser similar to those both parties hold. It is not, they said, unethical or a way to raise money on the backs of tort reform supporters.

“I had some questions on this myself,” said Senate Ethics Committee chairman Wes Hayes, R-York. But Hayes said he learned the cash gets contributors invitations to caucus events all through the year, not just the tort reform session.

Contributors also can give $3,500 or $5,000, Hayes said. “This is just the first in a series of events.”

Sen. John Courson, R-Richland, said if Republicans were inviting only tort reform advocates and not opponents as well, then there might be a problem.

But the caucus is giving both sides equal time, he said. And there is disagreement among Republican senators as to what to do on tort reform, he said, so the symposium will be useful.

Any time a fund-raiser is tied to a particular policy issue, “it’s going to give that appearance” of a conflict of interest, said Sen. Larry Martin, R-Pickens, but contributions aren’t buying access.

“I can understand the sensitivity that anybody would raise, but I can promise you anybody that wants to advance an issue with a particular senator doesn’t have to pay for that,” Martin said.

The S.C. Trial Lawyers Association is firmly opposed to tort reform. But association president Luther Battiste would not say if the group planned to pay to attend the private session with the Republican caucus. They did get an invitation, he said.

“We feel that the civil justice system as it exists works very well,” he said. “We have some of the best judges in the country. The system works.”

The lawyers group has participated in the subcommittee hearings and will push its case with lawmakers, he said.

The S.C. Medical Association will make a short presentation at the symposium but will not pay to be a sponsor, said association chief executive Todd Atwater.

Atwater said the association makes an annual $3,500 contribution to the caucus, which it will do again this year.

Gov. Mark Sanford, who has criticized the influence of contributions on public policy, would not to comment, a spokesman said.

NEW FUND-RAISING LAW TAKES EFFECT IN ‘04

Political caucuses are much the same as political parties in the eyes of state ethics and campaign finance laws. If a caucus raises money specifically for an election or a particular candidate, then contributions are limited to $3,500 per election cycle.

But in instances such as this, where the donations go to the caucus’ operating fund, there is no limit on the size or number of contributions.

After the November 2004 elections, the state’s new campaign finance law takes effect.

It will allow caucuses and parties to raise unlimited contributions for their operating accounts, but they would have to disclose who gave them the money and how they spend it.

Reach Gould Sheinin at (803) 771-8658 or asheinin@thestate.com.





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