Legislation aimed at shielding businesses and medical providers from lawsuits brought by person who contract coronavirus has cleared a key hurdle in the Georgia Senate.
The COVID-19 legal liability measures were tacked onto a bill whose original intent was to create a specialty license plate for the Georgia Tennis Foundation that would read, “Play Tennis!”
Called the “Georgia Pandemic Business Immunity Act,” the measure would prevent lawsuits from being filed in Georgia against a broad range of groups by people who claim to have contracted coronavirus on premises that those groups manage or own.
Groups affected by the bill would run the gamut from restaurants and other businesses to state and local governments, and health-care providers including doctors, dentists, psychologists, therapists, social workers and athletic trainers.
Sen. John Albers, who brought the measure, said he drafted it in recent weeks alongside representatives from local chambers of commerce, business associations and trial attorneys.
The aim is to calm fears from business owners and others that they could face an avalanche of litigation in the coming months as Georgia’s economy continues reopening, Albers said.
“This legislation will allow our business community to start to return to normalcy and provide services to Georgians without fear of needless litigation, while still ensuring that legitimate legal action is possible,” said Albers, R-Roswell.
Groups could still face lawsuits if they intentionally place persons at risk of contracting coronavirus or show gross negligence in following social distancing and sanitizing guidelines ordered by the governor.
The immunity protections would take effect from the start of Gov. Brian Kemp’s public health emergency declaration in late March to two years after the last executive order that the governor issues. The state’s public health emergency is currently still in effect.
The measure drew support from Lt. Gov. Geoff Duncan, who presides over the Senate. He called it “thoughtful legislation that ensures consumers are protected and encourages businesses to reopen – without the worry of lawsuits hanging over their heads.”
In a surprise move, the liability measure was added Monday during a Senate Public Safety Committee hearing on the tennis specialty license plate measure, House Bill 216.
Albers, who chairs the committee, said that was done to speed through passage of an important measure during the hectic resumption of the 2020 legislative session this week.
The underlying bill’s sponsor, Rep. Teri Anulewicz, said she was caught off guard by the move by Albers and given short notice ahead of Monday’s meeting.
“In [Georgia political] vernacular, this is known as stripping the bill,” said Anulewicz, D-Smyrna. “I had 30 minutes notice. My opinion on the matter was of no relevance to the committee.”
The overhauled bill passed by a 5-3 vote out of committee, with the committee’s three Democratic members voting in opposition. They included Sens. Valencia Seay, D-Riverdale; Harold Jones II, D-Augusta; and Tonya Anderson, D-Lithonia.
The bill now heads to the full Senate for a vote. If passed, it would then head back to the House for a final floor vote.