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Governor Perdue Introduces Tort Reform Legislation to Improve Business Environment and Protect Landowners



ATLANTA - Governor Sonny Perdue announced today that Sen. Bill Cowsert has introduced SB 101 and SB 108, to improve Georgia's business environment.  Sen. Bill Heath introduced SB X the Landowner's Protection Act.

"This legislation will make plain that the threat of meritless litigation is not a viable business strategy in Georgia," said Governor Sonny Perdue.

SB 101 will protect manufacturers and sellers of medical devises and drugs with a significant presence in Georgia from lawsuits if their product received approval from the federal Food and Drug Administration.  The legislation covers design defects, which undergo a strenuous FDA approval process, but it does not cover defects that occur in the manufacturing process.

"We will cement our position as a leader in the biotech industry by enacting laws that respect the role of the federal Food and Drug Administration as the regulator of the safety of drugs and medical devices," Governor Perdue said.

This summer, Georgia will host more than 15,000 energy innovators at the biggest bio-life science conference in the world - BIO 2009.

"At the same time the world's bio companies focus on our state, this legislation will show that Georgia welcomes the bio-tech industry and the high-paying jobs the industry brings," said Sen. Bill Cowsert.  "It is an outstanding economic development tool."

SB 108 will provide relief to individuals and companies wrongly sued.  Current law provides little deterrent for unfounded lawsuits and often makes it cheaper to settle even if a company is wrongly sued.  Under SB 108, if a claim is dismissed at the earliest possible stage, the litigant bringing the claim will be responsible for the prevailing party's attorneys' fees.  And if the attorney fails to notify the client of this provision, that attorney could pay the award.  Last, the bill will make sure that the costly discovery process will not begin until the legal merits of a complaint have been tested.

"SB 108 will free up our courts to pursue justice in cases with merit, protect our existing businesses that provide jobs for Georgians and attract new investment," the Governor said.

"This legislation will allow the judiciary to sweep out unfounded lawsuits so that cases with merit can receive the court's full attention and justice can be pursued," said Senator Cowsert.  

The Landowner's Protection Act will protect landowners who allow hunters to hunt on their property from being sued for accidents arising during a hunt except those due to gross negligence on the part of the landowner. Likewise, visitors to an agri-tourism attraction (e.g. visiting a farm to pick peaches) would not be able to win lawsuits filed against the landowner for injuries during such a visit except in cases of gross negligence.

"Georgia is a premier agri-tourism destination," said Governor Sonny Perdue. "This legislation will make sure the threat of litigation does not prevent landowners from welcoming guests onto their property."

"We want to encourage landowners to open their hunting property and farms to visitors to enjoy Georgia's natural beauty as an agricultural and sportsman's paradise," said Senator Bill Heath. "The Georgia General Assembly is working to protect landowners and, again, stand up for the rights of private property owners."







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Chris Schrimpf

Office of Governor Sonny Perdue

(404) 651-7774
 

Febryary 4, 2009 Press Release

 

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STATE OF GEORGIA
OFFICE OF THE GOVERNOR
 
 
Sonny Perdue
GOVERNOR
 
For Immediate Release                                                 Contact: Office of Communications
Wednesday, February 4, 2009                                                                      (404) 651-7774
 
Governor Perdue Introduces Aviation Authority Legislation
 
ATLANTA - Governor Sonny Perdue announced today that Administration Floor Leader Senator Bill Heath has introduced Senate Bill 85, legislation that would establish the Georgia Aviation Authority.  The bill passed out of the Senate Transportation Committee today.
"The Georgia Aviation Authority will increase safety, decrease costs and deploy state assets more efficiently," said Governor Sonny Perdue. "This legislation continues our commitment of creating a responsible state government that acts as a good steward for the taxpayers' dollars."
The legislation is a result of recommendations from the Commission for a New Georgia task force on aviation management. The task force found that five different state agencies own a combined total of 86 aircraft, which are based in 18 locations around the state. More than half of the aircraft are over 20 years old and represent 20 different types with vintages dating to the Vietnam era.
The aviation authority will deploy these assets more efficiently by using the aircraft to meet the missions of multiple agencies rather than one agency. This will enable the state to cover existing missions with fewer aircraft. The authority will also standardize the type of aircraft the state owns, allowing the state to standardize maintenance and training which will reduce costs and increase safety.
The authority will also allow the state to modernize its fleet and eliminate the higher costs of maintaining old aircraft.  By establishing a unified team of aviation professionals, the authority will ensure safe, effective and efficient operations.
"This legislation will enhance safety, make state government more efficient and save the citizens of Georgia money," said Sen. Bill Heath.
The authority will be composed of nine members: the Governor, Lieutenant Governor and Speaker of the House (or their designee); the Department of Transportation Commissioner; the Department of Public Safety Commissioner; the Department of Natural Resources Commissioner; and the Director of the State Forestry Commission; and the two remaining members will represent the aviation business community and will be appointed by the Lieutenant Governor and the Speaker of the House.
"An efficient, cross-trained team of aviation professionals at the state government level is very important to our overall law enforcement efforts statewide," said Jefferson County Sheriff Gary Hutchins, President of the Georgia Sheriffs' Association. "We think establishing the Aviation Authority is a responsible step to achieve that, and for that reason the Georgia Sheriffs' Association supports SB 85 and urges its passage."

 

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STATE OF GEORGIA
OFFICE OF THE GOVERNOR
 
 
Sonny Perdue
GOVERNOR
 
For Immediate Release                                                 Contact: Office of Communications
Tuesday, February 3, 2009                                                                            (404) 651-7774
 
Governor Perdue Introduces Education Legislation
 
ATLANTA - Governor Sonny Perdue announced that five pieces of legislation were introduced today to improve education in Georgia.
"Even in challenging economic times, we can continue to improve education in Georgia," said Governor Perdue. "The proposals we introduced today will pay dividends for years to come as more students prepare for the opportunities of the future."
The first bill, SB 84, introduced by Senator Bill Heath, transforms school board governance to make Georgia a model for the nation. The Governor's legislation would ensure that every student has the benefit of responsible leadership at the school system level. It will standardize board ethics policies and board training, clarify law delineating the roles and responsibilities of superintendents and board members, create minimum qualifications for board candidates. It also gives the state the ability to find responsible citizens to serve on school boards when existing members fail to serve the interests of their students.
"SB 84 makes sure that school board members understand their role and responsibilities," said Senator Heath, one of the Governor's floor leaders in the Senate.  "It ensures that boards serve the students' best interest, not their own."
The legislation is based on recommendations of the Commission for School Board Excellence. The Commission included leaders from the Georgia Chamber of Commerce, Metro Atlanta Chamber of Commerce, Georgia Partnership for Excellence in Education, AdvancED and other stakeholders.
"This legislation includes key recommendations of the Commission for School Board Excellence that was conducted by the Metro Atlanta Chamber, the Georgia Chamber, the Georgia Partnership for Excellence in Education and AdvancED (parent organization for SACS)," said John Rice, the co-chair of the Commission. "We support Governor Perdue's legislation and appreciate his leadership on this critical issue. If Georgia adopts a significant majority of the commission's recommendations, our state will be a leader in providing a model for good school board governance. We owe it to all the children of Georgia to support this legislation."
Three other pieces of legislation match the state's educational spending with its desired outcome. The first proposal, SB 93, introduced by Senator Bill Cowsert, an Administration floor leader, recognizes the important role that principals play in student achievement. Under the proposal, high school principals who demonstrate improvement in graduation rate, SAT scores and End of Course Tests compared to their school's most recent 3-year average will be eligible for a $10,000 performance bonus. Principals could also qualify by leading a school that is in the top 5 percent of high schools in the state in these three areas.
"SB 93 rewards principals who make the extra efforts that result in substantive improvement in student achievement," said Sen.Bill Cowsert.
The second proposal, HB 282, introduced by House Education Chairman Brooks Coleman, recognizes the role that quality teachers play in producing positive educational outcomes. The proposal would reward teachers for improving student achievement. It is based on Georgia's Master Teacher program and would allow exceptional teachers, willing to serve as instructional leaders, to be eligible to receive pay increases of ten to fifteen percent.
"It has long been one of the chief fallacies of government to focus on inputs, usually on how much you're spending, instead of outputs - on performance and achievement," said Governor Perdue.
The Governor's third proposal, HB 280, also introduced by Rep. Coleman, is based on recommendations by the Alliance of Education Agency Head's Math and Science Task Force. It would start new fully-certified math and science teachers at the same salary as a fifth year teacher. Teachers in these fields with less than five years experience would also be brought up to the fifth year pay level. To encourage and reward elementary teachers to increase their competency in math and science, the legislation will also provide a $1,000 annual bonus to elementary teachers who hold a math or science endorsement.
"These pieces of legislation will help Georgia attract the best teachers that will enable our students to thrive in the global economy," said Rep. Coleman.  "They focus the state on teachers who excel and get results for their students."
All the three incentives would be available beginning in 2010-11 school year, which would be in the Fiscal Year 2011 state budget. 
The fifth piece of legislation, HB 278, introduced by House Administration Floor Leader Rep. Matt Ramsey, would temporarily give local school systems more control over state-funded expenditures.  Lifting expenditure controls will give school systems additional tools to address budget shortfalls brought about by a downturn in the national economy.
"I am proud to sponsor this important legislation," said Rep. Ramsey.  "This measure will provide school systems the needed flexibility to manage their budgets in difficult economic times."
Governor Perdue, Lt. Governor Casey Cagle and House Speaker Glenn Richardson agreed on the need for the legislation as the economy started to worsen last fall and alerted school systems that legislation would be introduced giving them a two-year window for maximum flexibility.