The Missouri Senate passed COVID-19 liability protection legislation for businesses by a vote of 20-13 in February but the bill has stalled in the House of Representatives, according to lobbyists familiar with the proposal.
“It's sitting in the Rules Committee waiting for approval,” said Ross Lien, director of legislative affairs with the Missouri Chamber of Commerce & Industry. “It's been in there for two or three weeks in a logjam probably due to another bill that is being held up to be a part of a negotiation between the House and the Senate in the last couple of weeks.”
As previously reported, SB 51/42 is a combination of SB 42, which was introduced by Sen. Bill White (R-Joplin), and SB 51, which was introduced by Sen. Tony Luetkemeyer (R-Parkville).
"It would have a sunset of four years so that the bill would no longer be needed after four years," said Rich AuBuchon, executive director of the Missouri Civil Justice Reform Coalition.
If approved by the House, the COVID liability reform package would implement a heightened legal standard that would shield businesses from pandemic-related exposure lawsuits.
“It's incredibly important to make sure that businesses, now that people are getting vaccinated, that they feel safe, opening up and that they're not worried about getting sued,” Lien told the St. Louis Record. “Obviously, we don't want to protect bad actors but we want to ensure that businesses that are acting in good faith and doing the right things aren't opened up to unnecessary lawsuits.”
The Missouri Chamber of Commerce and Industry has been leading the call for action on this issue with a letter signed by 800 businesses since April 2020.
But the bill is not without opposition, according to Rich AuBuchon.
“The small but vocal opposition that has come out against the legislation is by those in Missouri who are concerned about the vaccination policy and those who have been very upset by government control of businesses during the period which the nation was gripped with lockdowns,” AuBuchon told the St. Louis Record. “The pandemic has no doubt resulted in a long-term and deep psychological impact on many.”
The Senate approved SB 52/42 without an emergency clause and, as a result, the effective date of the bill would be August 28, 2021.
“It reduces the value of the legislation to businesses seeking to reopen with some protections from lawsuits from those who may seek to assess blame on another for the consequences of contracting COVID,” AuBuchon said.
The lawsuit shield will become effective on Aug. 28 unless the House approval process reinstates an emergency clause.
“When the bill passed the Senate, it had an emergency clause on it, which would have put the bill into effect immediately as soon as the governor signed it but the vote on the emergency clause failed, unfortunately,” Lien said.
AuBuchon is doubtful that an emergency clause will be reinstated before the COVID liability reform bill is passed by the House.
"It takes a supermajority for an emergency clause to pass in Missouri in both chambers so I have no confidence that the House will be able to Institute an emergency clause," he said.