Feb. 21, 2005

Week in Review

State
Tort Reform continued to be a hot topic in Columbia. House Speaker David Wilkins took to the floor and urged house members to support the House version of tort reform (H 3008), which includes frivolous lawsuit sanctions, limitation of liability for homebuilders and construction companies, and the elimination of some joint and several liability measures. The bill passed the House 101-15 and was sent to the Senate, the second year in a row the House has passed tort reform.

Filibustering in the Senate was not enough to derail the Senate Medical Malpractice bill (S 83). This bill, which caps noneconomic damages in medical malpractice cases to $350,000, spurred a contentious debate, but ultimately, the measure passed the Senate.

And, ironically, the U.S. Senate passed its own version of tort reform last week 72-26. The Class Action Fairness Act (S 5) revises measures related to civil justice reform, including closure of various loopholes and increasing the likelihood of fairer class action trials. The measure was sent to the U.S. House of Representatives.

Rep. Alan Clemmons scored a victory for tourism by gaining passage of a bill that allows the Transfer of Prescriptions across state lines (H 3226). This bill passed the House last year but was vetoed by Gov. Sanford due to other legislation attached to it. With a separate bill this year, the measure passed the House and Senate and was signed into law by the governor.

Minibottle legislation is on its way. After many failed attempts to strike a compromise between Class A and B retailers, House and Senate leaders appear to be prepared to move forward on reforming the state’s liquor laws, irregardless of delivery provisions.

Legislative Agenda

Bill Name	Summary of Bill	Chamber's Position	Status
State Legislation
Sale of Alcoholic Liquor
S 19	Bill pertaining to alcoholic liquors and beverages - regulates liquor sale in containers of such size as the General Assembly considers appropriate. Highlights: 5 percent cocktail tax replaces 25 cent minibottle tax; 11 percent of revenue to go to counties for alcohol rehabilitation and education programs.	The chamber supports these regulations.	Referred to Judiciary Committee
Tort Reform
S2 S81 S82 S83 S84 H3008	Various provisions of the Economic Development, Citizens and Small Business Protection Act of 2005, which provides diverse measures of tort reform. Includes various provisions relating to liability for damage, wrongful death; frivolous lawsuit sanctions; elimination of joint and several liability.	The chamber supports meaningful tort reform, including the amount of money spent on tort claims.	Referred to Senate Judiciary Committee S 83 passed the Senate Passed the House
MAP Testing
H3225	Requires Measures of Academic Progress diagnostic testing statewide.	The chamber supports this measure.	Referred to House Education Committee
Highway Funding
H 3134 H 3137 H 3220 H 3296	Various measures to alter and/or increase state highway funding.	The chamber desires highway funding for new projects.	Referred to Ways and Means Committee
Federal Legislation
Surface Transportation Legislation
HR-3	Funds 6-year reauthorization of highway bill.	The chamber supports this measure, which includes interstate funding.	Will be introduced in the U.S. House next week
S 352	Allows students previously working summer jobs to return to same employer.	The chamber supports this measure.	Could be introduced in the U.S. Senate in the next few weeks

Hit or Miss

Hit to Rep. Alan Clemmons for passage of H 3226, a prescription transfer bill he authored that will assist local businesses and tourists. The bill was vetoed last year but persistence pays off.

Hit to our entire House delegation — Reps. Anderson, Barfield, Clemmons, Edge, Hardwick, Hayes, Miller, Viers, Witherspoon — for supporting meaningful tort reform.

Hit to our entire Senate delegation — Sens. Cleary, Elliott, Rankin — for supporting the medical malpractice legislation in the Senate.

Hit to Sens. DeMint and Graham for supporting the U.S. Senate Class Action Fairness Act (S 5), a federal version of tort reform.

Hit to the entire Northeastern Strategic Alliance (NESA) delegation for securing a joint agreement between North Carolina and South Carolina departments of transportation to determine the entry point of I-73 into our state. NESA’s unanimous approval of this resolution was quickly followed by a public agreement between the two DOTs, which will be finalized in March.

Miss to the Class A and Class B minibottle retailers. Politics is the art of compromise, a lesson these folks have yet to learn. Legislation to reform the liquor laws will begin to move forward without a brokered compromise and likely without distribution provisions.

U.S. Chamber Update

VoteForBusiness: The U.S. Chamber of Commerce has launched a new grassroots and political program called VoteForBusiness. The program is aimed at educating elected officials and motivating them to vote for pro-business legislation.

The VoteForBusiness Web site is stocked with the latest updates on legislation and regulations. You can discover which issues are hot, what the U.S. Chamber thinks, and what the business community can do about it.

In Other News . . .

I-73 Summit: The I-73 summit of the Carolinas yielded an important milestone for Interstate 73. The transportation officials from North and South Carolina agreed upon a proposed entry point into our state. This new agreement calls for I-73 to enter South Carolina in the area of S.C. 38. The interstate would closely follow that highway until it reaches I-95. North Carolina will build a 3.7-mile link to the state line from the existing I-74 south of Rockingham, N.C. and agreed to do so in a timely fashion. In return, South Carolina will build an approximate 5-mile link from S.C. 31 (the Carolina Bays Parkway) to the North Carolina border to connect with the planned route of I-74. Ultimately, the Grand Strand receives dual interstate access, an ideal outcome for local businesses and residents.

On the Net

Myrtlebeachinfo.com/chamber