'Lawmakers' Day 33: House continues tort reform debate, Senate OKs income tax cuts

Thursday was Bucky's Day at the Capitol and the House debated tort reform.

The day started with a final push against Senate Bill 68, the robust lawsuit reform bill that would limit Georgians' ability to sue businesses for crimes that occur on their property, stop attorneys from recovering fees twice for the same case, and allow separate trials for assigning responsibilities and damages.

Just half an hour before it hit the House floor for debate, some against SB 68 gathered at the Capitol’s South Steps, GPB's Sofi Gratas reports.

They held signs advocating for survivors of sex trafficking and abuse. Flanked by their attorneys and other advocates, survivors of such abuse told their stories, and shared concerns over language in the legislation that places a higher burden of proof on people suing over negligence in cases of injury or death.  

"Right now, Georgia law protects innocent victims like me, victims who have a constitutional right to a jury trial," said Rachel Guy, a sexual assault survivor. "Right now, Georgia law holds owners and managers of properties accountable for the crimes that they turned a blind eye to. This gives these apartments motivation to keep the apartments safe.

"SB 68 was written by insurance lobbyists and stripped victims like me of their rights."

Under SB 68, attorney Jimmy Rice said he believes victims of crime due to negligence would not have a way to hold perpetrators accountable.  

“You would call me and I would say, ‘I'm really sorry. There's absolutely nothing I can do for you’,” Jimmy Rice said. “And that would be the end of it.”

The House then took up the bill, one of the most debated pieces of legislation this session. The tort reform bill was named as Gov. Brian Kemp's top legislative priority.

"This is a bill that makes reasonable revisions to our Civil Practice Act and reasonable revisions to our evidentiary code, as well as reasonable revisions to our liability for third party security liability," Rep. James Burchett (R-Waycross) said. "And, Mr. Speaker, that's the bill."

Opponents of the bill were quick to say it does not guarantee lower insurance rates.

"The proponents of this bill have spent millions of dollars preying on our stress and frustration, telling us that this bill will reduce our rates, stabilize our rates, keep providers from leaving the state," Rep. Shea Roberts (D-Atlanta) said. "It's simply not true."

But supporters say it strikes a balance between insurance companies and citizens.

"This protects businesses from unjust lawsuits while maintaining accountability for genuine negligence," Rep. Chas Cannon (R-Moultrie) said.

Most Democrats said it only makes it harder for victims to receive justice.

"This bill hurts the 92-year-old elderly woman who died in her bed because she was devoured by fire ants," Rep. Tanya Miller (D-Atlanta) said. "This bill hurts the 4-year-old baby who went in for a random tonsillectomy. His wound wasn't sutured properly, and by the time he got to the driveway of his home, he bled to death in front of his mother and his brother and his sister."

But Republicans pushed back.

"There's not one line in this bill, nowhere, that does not allow a rape victim to bring a claim," Burchett said. "Not one line in this bill does that. Nowhere. It is disingenuous to say so."

The bill passed 91 to 82, just barely reaching the votes required for passage. A handful of representatives voted across party lines.

SB 68 was immediately transmitted back to the Senate for final approval of the House's changes, which included exceptions for sex trafficking victims.

Speaker of the House Jon Burns praised the passage of the bill and said the House will continue to work to curb insurance costs.

"That's the reason we are creating a House study committee on insurance market reform," Burns said. "We all know that insurance coverage is vital for the success of well-being and the well-being of individual individuals and businesses. And for too long, insurance premiums have been increasing at an alarming rate."

The Senate took up two House bills dealing with state taxes.

House Bill 111 will reduce the state tax rate from the current 5.39 to 5.19%, with an additional 0.1 percentage every year until it reaches 4.99.

"While other states are raising taxes on their citizens at a time when they're facing sky-high prices and can least afford it," Sen. Bo Hatchett (R-Cornelia) said, "we are doing the opposite here in Georgia. We're putting money back in the hands of Georgians, which this bill, HB 111, does."

Democrats say that this tax reduction bill just benefits the rich.

"This legislation will cost $748 million," Sen. Elena Parent (D-Atlanta) said. "Only 33% of it will go to 80% of Georgians. 67% of it will go to the top 20%. Again, another way of putting it, but it's a tax cut for the rich."

House Bill 112 will provide tax rebates of $250 to $500 if you file state taxes during 2024 and 2025.

Both bills were passed.

HB 423 would move the existing state 911 system to a more modern Internet Protocol or IP system, allowing different electronic devices and systems to communicate with each other.

"Moving this to next generation, as most other states have already done, will allow us to significantly upgrade the availability of 911 operations," Sen. John Albers (R-Roswell) said. "The ability in order to have business continuity between multiple 911 centers and really bring us into the 21st century."

The new system should be better equipped to handle more callers without any wait time for essential services.

And if your horse hates fireworks, you are not alone. HB 614 would allow municipalities and counties to outlaw fireworks within 200 yards of stables or other equine facilities.

"The loud, sudden noise near horse farms are dangerous to the people that own and ride horses, and to the horses themselves," Sen. Branden Beach (R-Alpharetta) said. "There's also a fire threat for fireworks, since many horses are housed in wooden barns with bales of hay."

The bill was overwhelmingly passed, but did receive one nay.

On Friday, the Senate is expected to consider the House's amendments to Senate Bill 68.

GPB's Lawmakers returns for Day 34 on Tuesday, March 25 at 7 p.m. Watch the previous week of Lawmakers here.