Tort Reform Tightrope
Tort Reform Tightrope
By:Niel Dawson, IEC Atlanta, Georgia, Executive Director
Cracks have formed in the Kemp-led effort to shield businesses and insurers from big lawsuit payouts amid fierce opposition from crime victims, who turned out in droves this week to slam tort reform and spurred fresh doubts among on-the-fence House lawmakers.
After sailing through the Senate last month, the reform measures outlined in Senate Bill 68, sponsored by Senate Pro Tem John F. Kennedy, R-Macon, hit a wall of criticism and scrutiny that has blocked the bill from advancing to the House floor for a final vote.
Leaders are rushing to shore up support following caucus meetings and whip counts that indicate the bill might not have enough votes to clear the House without certain changes, according to people close to those talks who spoke with State Affairs on the condition of anonymity to discuss internal party matters.
Potential changes to the bill would likely center on so-called negligent security lawsuit protections, which opponents say could shield bad-actor businesses from liability and open the door to attacks from predators at places such as day care centers, assisted living facilities, gyms, apartment complexes and hotels.
Kennedy’s office declined to comment for this story, referring questions from State Affairs to the governor’s office.
Kemp, who has made tort reform his top priority this session, has shown no signs of backing down on those protections, which he and the bill’s supporters have argued would guard businesses from frivolous lawsuits and help lower skyrocketing insurance premiums.
“The governor, he wants this damn thing passed no matter what,” Rep. Alan Powell, R-Hartwell, one of the Legislature’s longest-serving members, told State Affairs.
It is unclear if the governor would support any changes to the tort reform bill. In a statement Friday, a Kemp spokesperson noted that “we look forward to continuing our work with legislators to get meaningful tort reform done.”
“Let’s be clear: The governor has been and is committed to a balanced and commonsense tort reform package that doesn’t prevent any Georgian who has been wronged from getting the justice they deserve,” Garrison Douglas, Kemp’s press secretary, said in the statement. “This issue has been studied extensively, in addition to the robust conversations with stakeholders on all sides, and the governor will continue to be open to conversations and constructive recommendations throughout the legislative process.“
If it remains unchanged, the reform bill would need to pass in only the House to head to Kemp’s desk for his signature. Changes would send the bill back to the Senate for more votes.
The bill must first gain approval from the House Rules Subcommittee on Lawsuit Reform before the full House can vote. The subcommittee’s chairman, Rep. Rob Leverett, R-Elberton, has not yet indicated when he may schedule a vote on the bill.
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