A bill that would shield businesses from most COVID-related lawsuits and is one of Gov. Mike Parson鈥檚 top legislative priorities was voted down in a House committee Monday night 鈥� making the path for its passage slim with only three weeks left in the legislative session.
, sponsored by Sen. Tony Luetkemeyer, R-Parkville, was voted down in the House Rules-Legislative Oversight Committee by a vote of three in favor to seven against.
Republican Reps. Doug Richey, Hannah Kelly and Mike Haffner voted in support of the bill. Meanwhile every other member of the committee, four Republicans and three Democrats, voted against. One member was absent.
Rep. Wes Rogers, the ranking Democrat on the committee, said his opposition to the bill was twofold.
鈥淲e鈥檙e talking about a bill that would have given negligent nursing homes blanket immunity from liability lawsuits,鈥� said Rogers, of Kansas City. 鈥淎nd to me, that鈥檚 just sinister, frankly.鈥�
At the same time, Rogers said small business owners had come forward to express concern that the bill would create a new cause of action that could expose them to even more liability.
鈥淚 think when you鈥檙e talking about protecting small business, when you鈥檙e talking about protecting your grandparents, that crosses party lines,鈥� Rogers said.
There was little discussion on Monday鈥檚 vote during the hearing, but Rep. Ashley Aune, D-Kansas City, said she knew the bill didn鈥檛 have the votes to pass before the meeting even started. Aune, who voted against the bill, said she was also concerned with making elderly residents in nursing homes potentially even more vulnerable through the legislation.
The topic has been a priority for Parson since last year. He had expanded a special session鈥檚 scope to include COVID liability protections, but and asked lawmakers to take the bill up in January instead.
Parson reiterated his support last week, telling reporters it was one of his top three priorities for this legislative session and still 鈥渁 huge issue.鈥�
鈥淲e should have got that done in December,鈥� Parson said. 鈥淏ut that鈥檚 still a reality for our hospitals, for our schools, for our businesses out there. I think that protection needs to be out there.鈥�
The governor鈥檚 office did not immediately respond to a request for comment on Monday鈥檚 vote.
After nearly 15 hours of debate, Luetkemeyer鈥檚 bill was . Residents would have up to one year to pursue legal action in instances of medical malpractice and two years in cases of product liability or after an alleged exposure, like claiming the virus was contracted on a business鈥� premises.
Houses of worship and religious organizations would also be immune from most COVID-related lawsuits unless a plaintiff 鈥渃an prove intentional misconduct.鈥� A sunset provision stipulates the bill will expire four years after it鈥檚 effective.
The bill had the backing of hundreds of businesses and groups like the Missouri Chamber of Commerce and Industry, who had warned of a potential wave of lawsuits to come.
Opponents to the bill, like the Missouri Association of Trial Attorneys and AARP Missouri, warned such lawsuits weren鈥檛 currently an issue and that the bill would have unintended consequences, setting a high bar for plaintiffs to meet.
Brett Emison, the Missouri Association of Trial Attorneys鈥� immediate past president, said the bill鈥檚 denial was a step toward ensuring Missourians鈥� fundamental right to jury trial is protected.
鈥淲hat bills like this that protect wrongdoers do, is risk creating a race to the bottom,鈥� Emison said, 鈥渨here there are businesses who do the right thing that are being taken advantage of by businesses who don鈥檛, who cut corners, who put people at risk.鈥�
It remains to be seen if COVID liability protections will still pass in some form this session. Emison said the issue isn鈥檛 dead yet.
鈥淯ntil that final gavel closes, there鈥檚 always a possibility,鈥� he said. 鈥淎nd so we鈥檙e constantly looking at all of the bills coming up, because you never know what might end up being a vehicle.鈥�
Other bills, like , sponsored by Rep. Ben Baker, R-Neosho, include more scaled-down legal protections.
In addition to barring certain restrictions to contain the spread of a contagious disease, House Bill 1358 also stipulates that no premises owner shall be subject to criminal or civil liability in the case of exposure to a contagious disease, unless the owner 鈥渒nowingly and purposely, and with malice鈥� did so or caused someone to be exposed to a clinical disease.
The bill passed 10-1 Monday out of the same committee that voted down Senate Bill 51.
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