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Annual Report on the Legislative Activities of the State Bar of Georgia for 2013

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Annual Report on the Legislative Activities of the State Bar of Georgia for 2013 ANNUAL REPORT ON THE LEGISLATIVE ACTIVITIES OF THE STATE BAR OF GEORGIA FOR 2013 INTRODUCTION The 2013 Georgia General Assembly adjourned sine die on March 28. This was a productive session for the State Bar of Georgia that demonstrated the effectiveness of the Bar's new lobbying team approach. Most notable was the reform of the Georgia Juvenile Code which was initiated by the Bar's Young Lawyer Division several years ago. The YLD's efforts came to fruition with the passage of HB 242 which Governor Deal signed on May 2. This legislation will lock up fewer juvenile offenders because those committing minor offenses will be sent to community-based social services programs rather than going into the criminal justice system. These programs should reduce recidivism and save the state tens of millions of dollars in incarceration costs. As always, the success of the State Bar’s legislative agenda was dependent on the support and advocacy of numerous members of the General Assembly. In the House, legislators leading this effort were Speaker David Ralston (R-Blue Ridge), House Minority Leader Stacey Abrams (D- Atlanta), Majority Whip Ed Lindsey (R-Atlanta), Majority Leader Larry O'Neal, and the three Judiciary Chairs, Wendell Willard (R-Sandy Springs), Rich Golick (R-Smyrna) and Tom Weldon (R-Ringgold). Other Representatives who displayed notable understanding of and leadership in budget and policy issues include Chairman Mike Jacobs (R-Atlanta), Appropriations Chairman Terry England (R-Auburn), Appropriations Vice Chairman Jay Powell (R-Camilla), Rep. Alex Atwood (R-Brunswick), Rep. Mary Margaret Oliver (D-Decatur), and freshman Rep. Regina Quick (R-Athens). The three Senate Judiciary Chairs played a vital role in promoting the State Bar agenda: Senators Josh McKoon (R-Columbus), Jesse Stone (R-Waynesboro) and Curt Thompson (D-Tucker). Senate leaders who worked closely with the State Bar on legislative and funding issues include Lt. Governor Casey Cagle (R), President Pro Tem David Shafer (R-Duluth), Majority Leader Ronnie Chance (R-Tyrone), Minority Leader Steve Henson (D-Tucker), Chairman Bill Cowsert (R-Athens), Chairman John Crosby (R-Tifton), Appropriations Chairman Jack Hill (R-Reidsville), Chairman Ron Ramsey (D-Decatur), Sen. Jason Carter (D-Decatur) and Sen. William Ligon (R- Brunswick). We are grateful to these members and the numerous others that supported the legal profession in the 2013 General Assembly. 2013 BOARD OF GOVERNORS AGENDA The following State Bar agenda bills passed during the 2013 General Assembly: HB 160 - This proposal by the Real Property Section, sponsored by Rep. Mike Jacobs and Sen. Jesse Stone, would prohibit most transfer fee covenants on property. The bill was reviewed and favorably reported by both the House and Senate Judiciary Committees; it passed the House on Feb. 20 and the Senate on March 28. HB 160 was amended in the Senate to include language prohibiting the assignment of legal malpractice claims in response to the Georgia Supreme Court ruling in Villanueva v. First American Title that malpractice claims are assignable. The House agreed to the Senate amendment and the bill was signed by Governor Deal on May 6. (Rep. Chad Nimmer's HB 359, while not a Bar bill, was also amended in the Senate to include this language prohibiting legal malpractice assignment; it passed the Senate on March 22, was agreed to by the House on March 26, and signed by the Governor on May 6.) HB 161 - This proposal was brought by the Bench and Bar Committee to update the language used in the Oath for Bailiffs. Sponsored by Rep. Alex Atwood in the House and Sen. William Ligon in the Senate, this bill passed the House on Feb. 22 and the Senate on March 25. It was signed by Governor Deal on May 6. HB 242 and HB 349 - These two bills are the result of recommendations of Governor Deal's Special Council on Criminal Justice Reform. HB 242, sponsored by Rep. Wendell Willard and Sen. Charlie Bethel, completely rewrites the juvenile code. The juvenile code revision has been worked on and supported by the Bar's Young Lawyer Division for many years. HB 349, sponsored by Rep. Rich Golick and Sen. Charlie Bethel, deals with additional changes in the adult criminal justice system, which had originally been addressed in the 2012 legislature. The Governor signed HB 242 on May 2 and HB 349 on April 25. SB 185 - This proposal by the Business Law Section updates Uniform Commerce Code (UCC) Article 9, which was last revised in 2001. SB 185 was sponsored by Sen. Jesse Stone and Rep. Mike Jacobs. It passed the Senate on March 5 and the House on March 22; it was signed by the Governor on May 6. SB 193 - The Family Law Section proposed these changes in the Uniform Interstate Family Support Act (UIFSA) to bring the statute into conformance with the 2008 amendments to the uniform law. Sponsored by Sen. Bill Cowsert and Rep. Regina Quick, SB 193 passed the Senate on March 4 and the House on March 14. The bill received final passage when the Senate agreed to changes made in the House on March 28; the bill was signed by the Governor on May 6. SB 204 - The Appellate Practice Section proposed this bill to adjust the appellate procedures regarding orders in child custody cases. SB 204 was sponsored by Sen. Bill Cowsert and Rep. Matt Ramsey. It passed the Senate on March 5 and passed the House on March 22; it was signed by the Governor on May 6. Ga. Appellate Resource Center Funding Request: The Resource Center maintained its $800,000 funding request in the final FY’14 budget that was passed by the House and Senate. The State Bar supports adequate funding for the Resource Center. Victims of Domestic Violence Funding: While funding for legal services for victims of domestic violence was continued in the FY '14 budget, due to budget cuts the Judicial Council reduced the appropriation amount by about $26,000 (1.5%) to about $1.73M. The Bar supports adequate funding for these legal services. The following State Bar agenda bills were introduced in the 2013 Session and will be worked on during the interim and considered in the 2014 Session: HB 654 - This proposal requested by the Family Law Section relates to the ability to contest and remove a testamentary guardian of a minor which was designated in a will. This bill, sponsored by Rep. Mary Margaret Oliver, was introduced on March 22 and assigned to the House Judiciary Committee. HB 685 - The Military and Veterans Law Section requested this bill that would update the Uniform Deployed Parents Custody and Visitation Act that was passed two years ago to make it consistent with the uniform law. The bill, sponsored by Rep. Edward Lindsey, was introduced and assigned to the House Judiciary Committee on March 28. SB 159 - The Fiduciary Section proposed this bill dealing with the Uniform Statutory Rule against Perpetuities. This bill, sponsored by Sen. William Ligon, would modify the current rule to change the vesting period from 90 years to 360 years, making Georgia more consistent with surrounding states. It was introduced on Feb. 13 and assigned to the Senate Judiciary Committee. ADDITIONAL LEGISLATION Following is additional legislation on which the State Bar took a position during the 2013 session. None of these bills passed this session, however they will carry over to next year's session. SB 141 - This bill by Sen. Brandon Beach, entitled the "Patient Injury Act," would create an alternative to medical malpractice litigation by creating a Patient Compensation System and a Patient Compensation Board. This bill had its first reading in the Senate and was assigned to the Health and Human Services Committee on Feb. 11. While the committee did have a hearing on SB 141, it did not vote on the bill. It remains in this committee and could be acted on during the 2014 session. The State Bar voted to oppose this bill. SB 202 - This bill, sponsored by Sen. Renee Unterman, deals with settling disputes between nursing homes and residents (or their guardians) through binding arbitration rather than through the courts. On Feb. 25, the bill was read and assigned to the Senate Health and Human Services Committee. The H&HS Committee held a hearing on SB 202 but did not vote on the bill which could be acted on during the 2014 session. The State Bar voted to oppose this bill. SB 209 - This bill by Sen. John Wilkinson deals with self-help documents, information, forms, etc. The Executive Committee voted to oppose the legislation on the basis that it could be construed to authorize the practice of law by companies publishing the forms. It is currently in the House Agriculture and Consumer Affairs Committee and can be acted on during the 2014 session. INTERNAL/ADMINISTRATIVE ACTIVITIES Pursuant to State Bar Standing Board Policy 100, the Advisory Committee on Legislation (ACL) continued its leadership of the State Bar’s legislative program. I am grateful for the service of the members of the ACL and Vice Chair Dan Snipes, and especially to State Bar President Robin Frazer Clark for her active leadership during the legislative session and her support of the ACL program. The ACL held two meetings to review and consider legislative proposals from State Bar sections and committees prior to the beginning of 2013 legislative session. The ACL is grateful to our legislative representatives, Rusty Sewell, Meredith Weaver, Roy Robinson, and Jim Collins for their counsel and advocacy on behalf of the State Bar. Zach Johnson provided weekly legislative updates, arranged "lobby days" at the Capitol to enable Bar members to remain informed and involved in the legislative process, as well as speaking to many local Bar associations during the session.
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