Steven Browning is optimistic the Legislature will pass tort reform during this session.

The executive director of Mississippians for Economic Progress, a tort reform lobbying body supported by more than 50 pro-business associations, is hanging his optimism on &045; of all things &045; a House bill that died in committee.

&8220;With 60 sponsoring House members, Democrats and Republicans, officially associating their names with this (tort reform) bill, we remain optimistic about our chances of getting meaningful legislation passed,&8221; Browning said.

The House bill, which according to the bill’s text only had 59 sponsors, died because House Judiciary A Committee Chairman Ed Blackmon, D-Canton, refused to bring it up for consideration.

Blackmon is seen as the biggest legislative opponent of tort reform because he is a successful trial lawyer. Nonetheless, Browning believes the fact that nearly half of the House members being sponsors of the House bill will somehow put pressure on Blackmon to allow up for consideration a Senate bill currently residing in his committee.

Browning brings up a couple of reasons to explain his rather far-fetched optimism. First, he said he is planning to talk with Blackmon to remind him that the representative has said he will look at tort reform measures and give them full consideration. Of course, Blackmon’s full consideration and the House’s full consideration are two very different things.

Second, Browning is also reminded of the fact that House Speaker Billy McCoy, D-Rienzi, has signaled in meetings that he would like to see the bill come from committee and be discussed.

&8220;I think if Speaker McCoy encourages Rep. Blackmon to bring the bill up that we will get our vote,&8221; Browning said.

Browning said he sees several options in getting tort reform passed this year. If Blackmon does not bring the bill from committee on his own and McCoy does not pressure him to do so, then Browning and tort reform supporters must move to Option C, which is not exactly known.

Neither is Option D, but growing talk among some legislators is that it could be a special session to address tort reform. If history is any indication, the odds of legislation making its way from a special session are good.

Gov. Haley Barbour has given no indication a special session is even a consideration. Many legislators who keep company with the governor say when the idea of a special session is discussed, his response is, &8220;We have plenty of time in this session to get work done, so let’s go do it.&8221;

Nonetheless, tort reform is surely an important part of Barbour’s agenda. He ties tort reform to his job creation package, saying that a poor legal environment is a detractor to perspective businesses. If it took a few more days &045; or weeks &045; to get it done, then a special session might not be completely out of the idea.

Furthermore, a special session gives tort reform proponents the advantage. In a special session, they are not working against a deadline clock, as is the case with the regular session that has specific dates by which a bill will die. Too, only topics specifically outlined by the governor can be considered.

Taking into consideration those facts, having nearly half the House membership in favor of tort reform would play well in getting it passed in a special session.

Still, it’s a long shot. Conventional wisdom is that tort reform is dead. We’ll see how wise conventional wisdom actually is.

Sam R. Hall

can be reached by e-mail to

shall@sctonline.net

.