State Bar Legislative Update – 4/4/12

The General Assembly reconvened on Monday, March 26, for the final three days of the 2012 legislative session adjourning at midnight on 3/29/12, sine die. This concludes the legislative two- year cycle; therefore, any bill not passed by both chambers is dead. The session wrapped up in the typical frenzy to amend and pass bills, with many going through on the 40th day. All those that did pass now go to Governor Deal for signing.

The Bar succeeded in achieving a high percentage of its legislative agenda. The entire list of bills is outlined below with their details and final status. Of note, HB 1176, the Criminal Justice Reform bill, passed unanimously including many of the provisions recommended by the Council. This included accountability courts (drug courts, mental health courts, etc.) and reclassification of many offenses. The Open Records Act, HB 397, passed overwhelmingly with the hard work and support of Attorney General Sam Olens. The International Commercial Arbitration Act, SB 383, was passed making Georgia more attractive to international businesses. The Uniform Interstate Depositions and Discovery Act, HB 46, passed as well. The bar was also successful in its efforts to secure funding for indigent defense, ICJE, legal services for victims of domestic violence, and the Appellate Resource Center.

Over the next months, work will continue to be done on several issues that either were not resolved this session or are ongoing projects. This will include further studies on Criminal Justice Reform, the Juvenile Code revision, the garnishment process, and medical malpractice.

The details of all bills of interest and their final status are listed below. The hyperlinks with the bills will take readers to the latest posted version of each bill. Please be aware that with such a high volume of bills the last days, the final bill versions may not be uploaded for a few days.

Please refer to the State Bar of Georgia’s website for the final video update summarizing the 2012 legislative session. House and Senate information, as well as all legislation, can be viewed at: http://www.legis.ga.gov/en-US/default.aspx.

State Bar Legislative Package

HB 397 - Open Records: This bill, authored by Rep. Jay Powell, makes comprehensive changes to the Open Records Act. It was introduced on 2/28/11 and assigned to House Judiciary which favorably reported the bill on 2/29/12. The House debated and passed this bill on 3/5/12. It was amended and favorably reported by the Senate Judiciary committee on 3/19/12. This was passed by both chambers on 3/29/12 and awaits the Governor’s signature.

HB 648/HR 977 - Dedicated Funding for GPDSC: This legislation, authored by Rep. , is a constitutional amendment and enabling legislation that would provide dedicated funding for the Ga. Public Defender Standards Council. They were both introduced on 4/12/11 and assigned to House Judiciary Non-civil, which passed the bills on 2/1/12. They passed the House on 3/5/12, and were assigned to the Senate Appropriations committee. This bill did not pass out of Senate Appropriations.

HB 739 – Transfer Fee Covenants: This bill by Rep. McKillip is the Real Property Section’s request that these fees be prohibited. It will alter the definition of “conveyance of real property” to include a conveyance or other transfer of an interest or estate in real property, and it will prohibit fees for future conveyances of real property except under limited circumstances. This bill was assigned to House Judiciary on 1/13/12. This is formerly HB 129, which passed both the House and Senate last session in different versions. The Conference Committee report was adopted in the Senate in the late hours on 3/29/12, but was not adopted in the House.

SB 383 - Georgia International Commercial Arbitration Code: This bill by Sen. Bill Hamrick would revise Georgia’s current laws regarding international arbitration. It was introduced on 2/6/12, passed Senate Judiciary on 2/9/12, and passed the Senate on 2/21/12. It was favorably reported by House Judiciary on 3/15/12 and received final passage on 3/26/12.

Ga. Appellate Resource Center Funding Request: The Resource Center has a total of $800,000 in the Governor's, House-passed, and Senate-passed FY’13 budgets. There is an increase of $172,640 in the amended FY '12 budget that has been approved by the House and Senate and now goes to the Governor for his signature. The State Bar supports adequate funding for the Resource Center.

ICJE Request: The ICJE has $461,789 in state funds in the Governor's FY '13 budget, and that continuation amount was maintained in the House and Senate versions of the budget. The State Bar supports adequate funding for ICJE.

Victims of Domestic Violence Funding: In the Governor's FY ’13 budget, there is currently $1,753,235 for legal services for victims of domestic violence, and that continuation amount was maintained in the House and Senate versions. The State Bar supports adequate funding.

Ga. Public Defender Standards Council: The GPDSC has approximately $40.4M in the FY 2013 budget. There is an increase of approximately $800,000 in the amended FY 2012 budget that has been approved by the House and Senate and now goes to the Governor for his signature. The State Bar supports adequate funding for the GPDSC.

Additional Legislation Supported or Opposed By the State Bar

HB 15 – Testifying: This bill by Rep. Bobby Franklin would prohibit executive and judicial branch employees from testifying before any committee, subcommittee, or joint session of the General Assembly. It was introduced on 1/12/11 and assigned to the House Rules committee. It did not pass this session. The Bar opposed this bill.

HB 27 – Allows Pro Se: This bill, authored by Rep. , would allow pro se representation before administrative law judges. It was introduced on 1/25/11 and assigned to House Judiciary. The State Bar opposed this bill, and it did not pass.

HB 46 – Uniform Depositions Act: This bill is authored by Rep. Mike Jacobs and would repeal the current Article 6 and replace it with the Uniform Interstate Depositions and Discovery Act. It passed the House on 2/15/11 and the Senate on 4/11/11. The bill received final passage by the Senate on 1/23/12. It now awaits the Governor's signature. The Bar supports this bill.

HB 64 – Attorney’s Fees in Limited Circumstances: This bill by Rep. Mike Jacobs would change provisions relating to the payment of attorney fees where such fees are provided for but a specific amount of fees are not set forth in the instrument. It was introduced on 1/26/11 and assigned to House Judiciary, which passed the bill on 2/17/11. It passed the House on 2/28/11 and was assigned to Senate Judiciary. SB 181 was amended to include HB 64 and the House passed it on 4/12/11. The Senate amended the bill on 4/14/11 and time ran out before House action. The Bar supported this bill.

HB 149 – Court Reporter Contracts: This bill by Sen. Bill Cowsert was offered as a substitute relating to the provisions of the training and certification of court reporters, and the prohibitions against certain contracts for court reporting services. This bill was passed by the Senate Judiciary committee on 3/22/12. The Bar opposed this bill, and it did not pass.

HB 160 – Direct vs. Discretionary Appeals: This bill authored by Rep. Jay Powell, dealing with improperly filed appeals, was introduced on 2/3/11 and assigned to the House Judiciary committee. The Bar opposed this bill in its present form, and it did not pass.

HB 641 – Juvenile Proceedings: Rep. introduced this bill to substantially revise, supersede, and modernize provisions relating to juvenile proceedings. This bill was approved by the House Judiciary Committee on 2/23/12, and was unanimously passed by the full House on 2/29/12. It was amended and passed by the Senate Judiciary committee on 3/22/12. The Bar supported this bill. It did not make it for a Senate vote, and therefore did not pass.

HB 744 - Uniform Partition of Heirs Property Act: This bill by Rep. Edward Lindsey was introduced on 1/23/12 and assigned to House Judiciary which passed the bill on 2/9/12. The bill went before the full House on 2/16/12 and was passed. It was favorably reported by the Senate Judiciary committee on 3/20/12. The State Bar supported this bill, and it received final passage on 3/27/12.

HB 1048 – Rep. Wendell Willard introduced this bill altering the provisions related to who may serve process and providing a filing fee for applicants for certified process servers. House Judiciary favorably reported it on 2/29/12 and it passed the House on 3/7/12. Senate Judiciary passed it on 3/22/12. The bill received final passage on 3/29/12, and goes on to the Governor. The Bar supported this bill.

HB 1176 – “Criminal Justice Reform Act”: This bill by Rep. Rich Golick makes extensive revisions to the criminal justice code, based on the recommendations of the Governor’s Special Council on Criminal Justice Reform for Georgians. This bill was introduced on 2/27/12 and assigned to the Special Joint Committee on Georgia Criminal Justice Reform which passed the bill on 3/21/12. It passed the House on 3/22/12 and received final passage on 3/29/12. The Bar supported this bill.

HR 5 - Appellate Court Decisions: This resolution, authored by Rep. Bobby Franklin, proposes a constitutional amendment that would make appellate court decisions nonbinding for lower courts. It was introduced on 1/12/11 and assigned to House Judiciary. The Bar opposed this bill, and it did not pass.

HR 6 – Power to Remove/Discipline Judges: This constitutional amendment resolution by Rep. Bobby Franklin would remove the powers of the Judicial Qualifications Commission and give the power to remove and discipline judges to the General Assembly. It was introduced on 1/12/11 and assigned to House Judiciary. The State Bar opposed this bill, and it did not pass.

SB 31 – Extending Attorney Client Privilege: This bill by Senator Jason Carter would extend attorney client privilege to parents/legal custodians when minor is accused of a crime or delinquent act. It was introduced on 1/31/11. It passed Senate Judiciary on 2/16/11, passed the Senate on 2/23/11, and passed House Judiciary on 3/30/11. After being recommitted last year, this bill was amended and favorably reported by the House Judiciary on 3/22/12. The Bar supported this bill, but it did not make it back to a Senate vote with the House changes.

SB 149 – “Medicaid Access Act”: This bill by Senator William Ligon creates a new article, the “Georgia Medicaid Access Act,” that also covers provisions for medical malpractice claims. It was introduced on 2/24/11 and assigned to Senate Judiciary. The State Bar opposed this bill, and it did not pass.

SB 348 – Personal service of a summons on a corporation: Senator Emanuel Jones introduced this bill amending the process of serving a summons on a corporation. It was favorably reported by the Senate Special Judiciary committee on 2/1/12. The Senate tabled this bill on 3/7/12. The State Bar opposed this bill, and it did not pass.

B.A.S.I.C.S. program: The Bar supported state funding for the B.A.S.I.C.S. program which aids in the rehabilitation and guidance of inmates as they leave the prison system.

Other Items of Interest

Bills that continue to be monitored:

HB 100 – Tax Court: Rep. authored this bill that would create a Ga. Tax Court pilot project until July 1, 2021. It was introduced on 1/31/11 and assigned to House Judiciary. This bill was completely revised and now creates a tax tribunal within the Department of Revenue. The committee favorably reported it on 2/29/12 and it passed the House on 3/7/12. Senate Judiciary passed the bill on 3/20/12. On 3/29/12, the House agreed to the Senate amendment, and it awaits the Governor’s signature.

HB 110 – Foreclosure Registry: This bill by Rep. Mike Jacobs establishes a foreclosure registry. It passed the House on 3/10/11 and passed Senate Banking & Financial Institutions on 3/31/11. The Senate passed a substitute on 3/12/12 and the House agreed to this version on 3/22/12. It now awaits the Governor’s signature.

HB 237 – Residential Mortgage Fraud: This bill by Rep. Rich Golick was introduced on 2/10/11 and assigned to House Judiciary Non-civil, which passed the bill on 2/28/11 after several hearings. It passed the House on 3/2/11 and passed Senate Judiciary on 3/23/11, where it was recommitted at the end of the 2011 session. Senate Judiciary favorably reported a substitute on 2/16/12 and it passed the Senate on 3/21/12. On 3/29/12 the House agreed to the Senate substitute, and it awaits the Governor’s signature.

HB 262 – Court Fee: This bill by Rep. Tim Bearden calls for a one percent increase in judicial election qualifying fees to fund the Judicial Qualifications Commission. It was introduced on 2/17/11 and assigned to House Governmental Affairs, which passed the bill on 2/23/11. The House amended the bill to include a sunset of 1/1/15 for the 1% increase and passed it on 3/16/11; it was then assigned to the Senate Ethics committee. This bill did not pass.

HB 665 – Clerk of Superior Court Offices: Rep. Maddox introduced this bill to modernize provisions relating to storage, collection, access, and transmittal of documents housed in clerk of superior court offices. After being favorably reported by the Judiciary committee on 3/5/12, the House passed it on 3/7/12. The Senate Judiciary committee amended and passed the bill on 3/22/12. On 3/29/12, the House agreed to a Senate amendment which added language from the jury bill (HB 763), and it awaits the Governor’s signature.

HB 683 – Garnishment proceedings: This bill by Rep. Wendell Willard would allow non-lawyers to provide an initial response to garnishments. It passed House Judiciary on 1/12/12 and the House on 1/25/12. It passed Senate Judiciary on 1/31/12 and the Senate on 2/2/12. It was signed by the Governor on 2/7/12.

HB 711 – Privileges in criminal cases: Rep. Edward Lindsey filed this bill to change the provisions relating to spousal privilege, provide for confidentiality of communications between a family violence or sexual assault victim and agents providing services to such victims at family violence shelters and rape crisis centers, and provide a waiver of confidentiality. This was assigned to House Judiciary on 1/11/12 which amended and passed it on 2/2/12. It passed the House on 2/7/12 and was assigned to Senate Judiciary, which favorably reported the bill on 3/13/12. It passed the Senate on 3/21/12 and now goes to the Governor.

HB 763 - Juries: This is a technical clean-up to the 2011 comprehensive jury pool legislation. It was introduced on 1/24/12 and assigned to House Judiciary which amended the bill to include that state and local elected officials cannot serve as grand jurors until they have been out of office for two years, then passed it on 2/1/12. It passed the House on 2/2/12 and passed Senate Judiciary on 3/13/12. This bill was not taken up by the Senate, but this language was added to HB 665 which passed.

HB 850 - Guardians: This bill would require criminal background checks for guardians. It was introduced on 2/2/12 and assigned to House Judiciary which passed the bill on 2/9/12. It passed the House on 2/22/12 and was assigned to Senate Health & Human Services, which passed the bill on 3/14/12. This bill did not pass.

HB 899 - Non-partisan Elections: This bill corrects an oversight from last session to confirm moving the judicial and non-partisan elections to the primary. It was introduced on 2/6/12 and assigned to House Governmental Affairs which amended and passed the bill on 2/16/12. The House passed this bill on 3/5/12. It was assigned to the Senate Ethics committee which amended and passed the bill on 3/14/12. It was recommitted to the Senate Rules committee which amended and favorably reported the bill on 3/22/12. The Senate did not vote on this bill, but it was added to SB 92 which passed.

HB 930 - Superior Court Judges' Supplemental Expense: This bill by Rep. Larry O'Neal repeals the supplemental expense allowance for Superior Court Judges in judicial circuits with population between 103,000 and 135,000. The House Intergovernmental Cooperation favorably reported the bill on 2/15/12. The House passed this bill unanimously on 2/21/12 and it was assigned to the Senate State and Local Governmental Operations committee. On 3/29/12, the Senate passed the bill, and it awaits the Governor’s signature.

HB 940 - Invoices Paid by GPDSC: This bill would require invoices for defendant's appointed counsel to be approved in writing by judges to whom the case is assigned before the GPDSC can pay. It was introduced on 2/9/12 and assigned to House Judiciary Non-civil which favorably reported it on 2/28/12. The full House passed this bill on 3/7/12. It was assigned to Senate Judiciary which passed the bill on 3/26/12. The Senate did not vote on this bill.

HB 971 – Workers’ Compensation: Rep. Bill Hembree introduced this bill changing provisions of awards and benefits of the Workers’ Compensation program including the maximum weekly compensation benefit. This bill passed the Industrial Relations committee on 2/22/12 and the full House on 2/27/12. The Senate Insurance & Labor committee amended and passed the bill on 3/21/12. On 3/29/12, the House agreed to the Senate amendment, and it awaits the Governor’s signature.

HB 997 – False Lien Statements: Rep. B.J. Pak introduced this bill creating a new crime of false lien statements against public officers or public employees. This was introduced and assigned to the House Judiciary Non-Civil committee, which favorably reported it on 2/22/12. After debate, the House passed this on 3/5/12. It passed Senate Judiciary on 3/19/12. On 3/29/12, the Senate passed this bill and it will go on to the Governor.

HB 1114 – Assisting Suicide: This bill dropped by Rep. Ed Setzler creates a criminal charge of homicide for assisting in a suicide. This bill was passed by the House Judiciary Non-civil committee on 2/28/12 and passed by the House on 3/7/12. It was amended and passed by the Senate Judiciary committee on 3/22/12. On 3/29/12, the Senate agreed to the House amendment, and it awaits the Governor’s signature.

SB 117 - Levy/Sale of Property: This bill, by Senator Jesse Stone, seeks to change the amount of certain exemptions from levy and sale of property. It passed Senate Judiciary on 1/12/12 and the Senate on 1/30/12. The House Judiciary committee reported it favorably on 2/21/12. It is on the House general calendar and awaits action by the Rules committee. On 3/26/12, the House passed this bill, and it goes on to the Governor.

SB 292 – Social Responsibility and Accountability Act: This act would require the Department of Human Services to administer a drug test to applicants before qualifying for temporary assistance or Medicaid benefits, and establish regulations for reapplication and children’s benefits. This bill by Sen. John Albers was introduced on 1/11/12 and assigned to Senate Health and Human Services. After being favorably reported on 2/28/12, the Senate passed this bill on 3/7/12. It was assigned to the House Judiciary which favorably reported this bill on 3/22/12. The House did not vote on this bill, but similar language requiring applicants for TANF benefits to pass a drug screening test was included in HB 861 which did pass both Senate and House and awaits the Governor's signature.

SB 316 - Tort Actions: Extends the tolling period for tort actions while a criminal prosecution is pending. Introduced 1/24/12 and assigned to Senate Judiciary which favorably reported the bill on 2/9/12. The full Senate passed this bill unanimously on 2/23/12 and it was assigned to the House Judiciary committee. This bill did not pass.

SB 351 - Judicial Training: This bill by Rep. John Crosby would require the same judicial training for all judges serving municipal court jurisdictions. It was introduced on 2/2/12 and assigned to Senate Judiciary which passed the bill on 2/1/12. It passed the Senate on 2/8/12 and passed House Judiciary on 3/15/12. The full House passed this on 3/22/12. On 3/29/12, the Senate agreed to the House amendment, and it awaits the Governor’s signature.

SB 352 - Prosecuting Attorneys: This bill authorizes municipal courts to employ prosecuting attorneys to represent the jurisdiction in criminal proceedings. It was introduced on 1/30/12 and was favorably reported by Senate Judiciary on 2/2/12. It passed the Senate on 2/8/12. It passed House Judiciary Non-civil on 3/19/12, and passed the House on 3/22/12. On 3/29/12, the Senate agreed to the House amendment, and it awaits the Governor’s signature.

SB 355 - Child Abuse: This bill by Sen. Renee Unterman expands the mandatory reporting requirement for suspected child abuse. It was introduced on 1/30/12 and assigned to Senate Judiciary who heard the bill on 2/1/12. They favorably reported a substitute on 2/28/12. On 3/5/12, the Senate passed this bill. The House has assigned this bill to the Judiciary committee. This bill did not pass.

SB 356 - Superior Courts: This bill to add a judge to the Bell-Forsyth Judicial Circuit was introduced on 1/31/12 and assigned to Senate Judiciary which passed it on 2/23/12. The Senate passed the bill on 3/7/12 and it was assigned to House Judiciary, which amended and favorably reported it on 3/20/12. It passed the House on 3/26/12 as amended to include an additional judge in each of the Piedmont, Cobb, Cordele, Dublin, Enotah, and Gwinnett Judicial Circuits. The Senate agreed to the House changes on 3/29/12, and it awaits the Governor’s signature.

SB 365 - Real Estate Closings: This bill by Senator Bill Hamrick would clarify that title insurance companies are not allowed to perform real estate closings and provides a remedy for injured parties in such transactions. It was introduced on 1/31/12 and assigned to Senate Judiciary, which favorably reported it by substitute on 2/23/12. The Senate passed the substitute on 2/28/12 and it was assigned to House Judiciary which favorably reported it on 3/20/12. On 3/29/12, the House agreed to the Senate amendment which included language from HB 880 updating the real estate appraiser law. It now awaits the Governor’s signature.

SB 448 – “Small Business Borrower Protection Act”: Sen. Don Balfour introduced this bill providing for recovery limits for debt obligations by successor creditors, and requires them to submit the amount paid for a debt during recovery proceedings. This was assigned to the Senate Banking and Financial Institutions committee, which favorably reported it on 2/23/12. The full chamber passed this bill unanimously on 2/27/12. It was assigned to House Banks and Banking on 2/28/12. This bill did not pass.