2023-2024 Final Georgia Legislative Updates: Transportation

In its current session, the Georgia Legislature considered ten bills that, if passed, would have directly impacted the transportation industry in the state. The last day of the Georgia legislative session, known as sine die, was March 29, 2023. The final disposition of each bill is listed below, but here are the key takeaways:

• Virtually none of the legislation we were hopeful would pass made it through, including: admissibility of seatbelt nonuse, elimination of direct-action lawsuits/ several bills aimed at limiting unnecessary discovery and direct negligence claims against motor carriers, continuation of COVID-19 liability protections for businesses, formal adoption of the apex doctrine, and elimination of “constructive notice” in negligent security claims.
• The relevant bills presently awaiting signature by the governor are:
• House Bill 543: raises the amount for six-person juries from $25,000 to $50,000 absent a demand for 12 jurors. https://www.legis.ga.gov/legislation/64715
• Senate Bill 168: allows a chiropractic practice to file a lien on a cause of action in the same way a hospital is able to file a lien under similar circumstances. An amendment was added to require submission of bills to health insurers before any medical lien can be filed. https://www.legis.ga.gov/legislation/64337

The passage of Senate Bill 168 is significant as it gives lien-rights to chiropractors, which will make it more difficult to negotiate those medical bills and ultimately to resolve cases involving chiropractic care. The requirement that bills be submitted to health insurers could potentially mitigate this issue, but only in instances where a plaintiff is insured.  

Below we summarize the final disposition of each bill.

HOUSE BILL 543:

Raises damages minimum required for twelve-person jury demands from $25,000 to $100,000. This bill awaits signature from Governor Kemp.

HOUSE BILL 530:

Formally adopts the “Apex Doctrine” in Georgia to limit depositions of high-ranking corporate officials. Where discovery is sought from certain high ranking corporate or public employees, a court may protect a person or party from “annoyance, embarrassment, oppression or undue burden or expense” with measures including limiting the scope and manner of discovery and maintaining confidentiality of certain information. This bill did not receive a vote in the Senate, so did not pass.

HOUSE BILL 271:

Eliminates direct-action claims against insurers of motor carriers. Note that Georgia is currently only one of four states that still allow direct-action claims. This bill did not pass the House.

HOUSE BILL 275:

Limits discovery in civil actions:

• Limits discovery of drivers’ safety performance history to certain federal standards.  
• Limits discovery of GPS data or videos to the date on which accident or moving violation at issue occurs.

This bill did not pass the House.

SENATE BILL 2:

Extends COVID liability protections to businesses and healthcare providers without an expiration date so long as they are not grossly negligent in conducting their operations. This bill did not receive a hearing.

SENATE BILL 191:

Like HB 271, repeals provisions authorizing direct-action claims against insurance carriers of motor carriers. This bill was not called to the Senate floor, so did not pass.

SENATE BILL  192:

Like HB 275, limits discovery in civil actions:

• Limits discovery of drivers’ safety performance history to certain federal standards.  
• Limits discovery of GPS data or videos to the date on which accident or moving violation at issue occurs.

This bill did not pass the Senate.

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SENATE BILL 196:

Provides that failure to wear a seatbelt is admissible as evidence of negligence in civil actions. Note that the bill was defeated in the Senate Transportation Committee but subsequently resurrected and narrowly passed on committee vote on February 27, 2023. This bill did not pass the Senate, falling short by 5 votes.

SENATE BILL 200:

Like HB 530, formally adopts the Apex Doctrine to limit depositions of high-ranking corporate officials. SB 200 provides that where discovery is sought from certain high ranking corporate or public employees, a court may protect a person or party from “annoyance, embarrassment, oppression or undue burden or expense” with measures including limiting scope and manner of discovery and maintaining confidentiality of certain information. As noted above, this bill was not called to the Senate floor as Senate leadership decided to work on HB 530 in the Senate (we note that HB 530 did not pass; both bills failed).

SENATE BILL 203: Trucking Opportunity Act of 2023

• Eliminates direct-action claims against insurance carriers of motor carriers in tort and contract causes of action.
• Authorizes truck drivers driving solely intrastate commerce to both:
• Drive a motor vehicle for 12 hours, provided he or should has not been on duty for more than 16 hours, and  
• Provide 70 hours of service in 7 days or 80 hours of service in 8 days.
• Includes a presumption that if a truck driver obtained a commercial driver’s license in accordance with federal standards, he or she is qualified to operate a commercial motor vehicle.

This bill passed the Senate (though only once meaningful language was removed). It was not heard in the House, so did not pass.