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AR15.COM
4/14/2007 9:25:01 AM EDT
I just recieved thsi e-mail from the GA Bar President. I and many other lawyers support the take your gun to work bill and are in favor of it. I wanted you to see how a liberal view of this bill is being sold to the Bar community. We can have a discussion on the pros and cons of vicarious libility, later but for now please read. I may get flack for distributing a lawyers only e-mail but you deserve to hear what the State Bar Leadership thinks of our carry rights.


Priority Alert! HB 89 - Bad Bill Made Worse
Dear XXX,

The following message is from Jay Cook, President of the State Bar of Georgia:

Problem: In a last minute attempt to pass legislation commonly referred to as the "take your gun to work" bill,  supporters propose  attaching  language in Committee that eliminates the doctrine of vicarious liability in ALL cases. Supporters of the gun bill believe that eliminating vicarious liability will be enough of a "carrot" for the business community that they will switch from opposing the bill to supporting the bill. This last minute bait and switch merely makes a bad bill worse and if passed will severely limit our citizens' and businesses' access to the courts of Georgia.

Eliminating vicarious liability would have a devastating effect on average citizens and businesses,  both plaintiffs and defendants.  Under current law, corporations and other employers have a strong incentive to encourage safe conduct by their employees. This bill would encourage employers to take a hands-off approach to safety because the more involved the corporation/employer in promoting safety, the more likely they are to be held liable under this standard. The employee would be completely exposed to personal liability, whether the negligent act involved a "business to business" accident (Georgia Utilities truck slams into a United Delivery truck) or whether the accident occurred between a The Repair Store fork lift and a shopper. Business and citizens lose.

Adoption of HB 89 would change hundreds of years of Georgia law and court decisions. This is a most serious challenge and I urge the lawyers of this state to respond immediately. Committee action is expected on Monday April 16.

Solution: Contact your House and Senate members immediately and ask them to DEFEAT HB 89.

Action Needed: Click the "ACT NOW" button to send a message to your House and Senate members.


Deadline for responding: Please take action by April 17th.
4/14/2007 9:36:56 AM EDT
[#1]
It gets better. At the bottom of the e-mail is a link to send a message to yuor represenatives.
Here is the message the bar wanted to send on my behalf:

STOP HB 89!

Dear Senator ,

Last minute amendments to HB 89 will overturn decades of Georgia law and court decisions.

Proposed amendments to HB 89 will cause harm to citizens and businesses, both plaintiffs and defendants, and will severely limit our businesses' and citizens' access to the courts of our state.

These proposed changes will punish good companies and reward companies which do not promote safe practices by their employees. I urge you to vote no on HB 89.



Here is the message I sent through the bar to my legislators:


As a member of the State Bar of Georgia I am strongly in FAVOR of H.B. 89. This is the kind of legislation desperately needed to encourage concealed carry in Georgia and make our state a safer state for everyone.

While I have had pressure placed upon me by the Bar Leadership to pressure you to vote against this bill, I hope you share in my courage to vote YES and give the citizens of Georgia the oppertunity to defend themselves and thier loved ones at work as well as at home.

We give this right to the self-employed but punnish the middle class and poor who must work for others. How long must this go on before both the rich and poor alike can have access to responcible carry at their place of work.  

Please contact me, if I can help your decision making process in any way,



Here are the rules about how the Bar Leadership takes a stand on legislative issues.

(a) The Bylaws set forth the restrictions on establishing a legislative policy. Article II, Section 6 of the Bylaws provides that:

No legislation shall be recommended, supported or opposed by the State Bar unless:

(1) such action has been initiated by an appropriate committee or section, or by any ten members of the Board of Governors; and

(2) the text of the legislation is furnished to the President, the President-elect and the Advisory Committee on Legislation at least thirty days prior to its submission for support or opposition as set forth below; and

(3) provided further:

(i) that such legislative position receives a majority vote of the members of the State Bar present at a meeting; or

(ii) that such legislative position receives a two-thirds vote of the members of the Board of Governors present and voting; or

(iii) when the Board of Governors is not in session, such legislative position receives a two-thirds vote of the members of the Executive Committee voting.

4/14/2007 2:04:52 PM EDT
[#2]
The bill will be heard in the rules committee Monday morning in 450 Capital.

Here is the announcement

www.legis.ga.gov/legis/2007_08/senate/publications/agendas/Rules4-16-07.pdf

I'm going to try to attend and I hope other gun folks do too.

4/14/2007 3:17:03 PM EDT
[#3]
I just wrote my Rep. Renee Unterman (who just happens to be on that commitee.)



4/14/2007 3:34:51 PM EDT
[#4]
I think this has a good chance of passing. Not to be a jerk by saying this, but there are only two womens names on the Senate committee, and Chip Rogers is involved as well. Chip sponsored the Senate bill for the same thing. Glad to hear it isn't dead. I wish I knew ahead of time. I'd love to go down there, but can't take off work tomorrow.
4/14/2007 5:44:32 PM EDT
[#5]
I hope you are right. I'd actually like to see even more. I think if you put up a no guns sign you should be made to ACCEPT liability for everything that happens on their property. Not only would it make plaintiff's lawyers work very easy it might discourage those little signs
4/16/2007 5:14:39 AM EDT
[#6]
someone educate me- if the Senate Rules Committee approves this, does it still have to go for a vote, or does it go to the Governor for a signature or what?
4/16/2007 7:00:13 AM EDT
[#7]
A Primer on the 2007 Legislative Session in Georgia for Dummies

This is another example of how a bill can really be twisted into something unrecognizable from its original form when in the hands of the legislature.  Originally, it was a move to stop Employers from interfering into the personal (and constitutional) rights of their employees.  In response, the employers cried about being sued if they allowed armed employees on their property and someone got shot.

The first patch was to provide immunity to employers for allowing firearms on their property.  Then everyone "what if'ed" it to death.  Originally reported as pitting two traditional Republican supportive organizations against each other - the NRA vs. Chamber of Commerce, it received much media attention.

The legislature tried to take the easy (and gutless) way out of the controversey by simply avoiding the issue and letting it die at crossover day (the magic date by which proposed legislation must be sent from the sponsoring house to the senate or vice-versa).  If a bill doesn't cross over by that date, it dies because there is not enough time left in the legislative session to dissect it; debate it; and vote on it.  This particular bill was reported dead by the press on crossover day.

The Lt. Governor made the unusual move of declaring that it was not dead, but still breathing.  This alerted the media and everyone else who didn't know it that this was a political football for the session.  Now the Chamber of Commerce would like the immunity provision written so broadly that it can be interpreted by shrewd insurance defense lawyers into an immunity for everything.  The plaintiff's lawyers don't want blanket immunity for anybody, so are pressuring for defeat of the bill.

So what started as legitimate arguments about Individual Rights of Employees versus Property Rights of Employers, has now become a Tort Reform debate between lawyers and insurance carriers.  

The bottom line is that we lawfully armed citizens are no longer involved or considered in what began as a bill about our right to bear arms.

That's my individual understanding of what is going on.  If any of it is inaccurate - it won't surprise me.  My opinion is that by the time all is said and done.  We would have been better off if they had just left it alone.

Ga. 2007 Legislative Session 101 for Dummies

by a Dummy
4/16/2007 7:12:28 AM EDT
[#8]
After posting the above, I read that Vicarious Liability (Section 5) has now been taken OUT of the bill.  So it looks like it is back to the original:  Citizen's individual Rights vs. Employer's Property Rights fight again.

Eliminating the Plaintiff's bar vs. Insurance aspect was the right thing to do!

Now, I can fully support its passage again.

Later, Dummy.
4/18/2007 6:58:26 AM EDT
[#9]
That's funny. I looked it up last night and it showed to have been favorably approved by the Senate on 4/16, but was tabled by the Senate Rules committee chariman due to the VT shooting incident
4/18/2007 12:32:02 PM EDT
[#10]
Contacted my state senator today and encouraged him to sign on to the original form of hb89.  Problem is my senator usually takes the side of whatever big business supported his campaign.(this I will not forget come election time)