Floor News
Senate
On Monday, the Senate passed HB 228 by Rep. Butler (R-Carrollton), by a vote of 52 to zero. This Legislation reorganizes the Department of Human Resources forming three departments (Health, Behavioral Health and Human Services). The Bill, as passed by the Senate, follows the plan as dropped by Sen. Grant (R-Milledgeville) in SB 222 with some tweaks. It was immediately transmitted to the House, which will require it to take action to agree or disagree with the current proposal. The House goes back in Session on Wednesday so it is likely that it will make that motion on agreement or insist on its position at that time. In all likelihood, a conference committee will have to work out the differences.
A bigger controversy arose on how Georgia must deal with funding its transportation needs. The Senate passed HR 206 in the form that it cleared the Senate Finance Committee. HR 206 would be an amendment to the State’s Constitution to provide for a one (1) percent regional local option sales and use tax for a specified period of time to fund specific transportation projects. Remember, the House had proposed a statewide one cent tax for this purpose. This issue is also what stalled in the waning moments of the 2008 Session and also caused a lot of angst amongst the State’s business community with many blaming Lt. Governor Cagle for that "stall." Business leaders have been urging Georgia’s Lawmakers to do something to help alleviate the transportation problems. A Floor Amendment was offered on HR 206 but it was ruled not germane (it was also trying to wrap in the homeowner’s tax incentive adjustment to this legislation). HR 206 passed with a vote of 54 to one and was immediately transmitted to the House.
Additionally, the Senate passed HB 277, by its Senate Committee Substitute, by a vote of 52 to 3. This initiative proposed by Rep. Smith (R-Pine Mountain) would have created the Georgia 2020 Transportation Act but it was amended in the Senate Finance Committee to be the enabling legislation for HR 206, creating the "special transportation districts" in the State which can use one percent sales tax funding for transportation needs. Like the Resolution above, it was immediately transmitted to the House. The House will have to decide whether to insist on its position on these two proposals. If so, a Conference Committee will likely be appointed.
House
Also on Monday, the House took up a light calendar for the Thirty-Fifth Legislative Day. SB 122 passed off the Floor 161 to one. SB 122, by Sen. Goggans (R-Douglas), repeals the Georgia Retiree Health Benefit Fund, creating the Georgia School Personnel Post-Employment Health Benefit Fund and the Georgia State Employees Post-Employment Health Benefit Fund. These newly-created funds will continue to provide for the costs of post-employment health insurance benefits for their beneficiaries. The funds in the Other Post-Employment Benefits ("OPEB") trust fund, known as the Georgia Retiree Health Benefit Fund, will be reviewed to determine the employer contribution source and subsequently transfer to the appropriate newly created funds thereby ensuring that contributions made on behalf of a particular employee group are only used to cover the healthcare expenditures for that group’s retirees. The Department of Community Health will continue to be responsible for both funds. On August 31, 2010, the Board of Community Health will identify the funds held in OPEB by employer and transfer them to the appropriate newly-created fund.
SR 294, by Sen. Grant (R-Milledgeville), also passed 157 to one. This Resolution authorizes the conveyance of certain state owned property in Baldwin, Bibb, Camden, Cherokee, Athens-Clarke, Emanuel, Fulton, Gordon, Gwinnett, Hancock, McDuffie, Telfair and Wilkinson counties. The State Properties Commission has deemed these conveyances to be in the best interest of the State of Georgia. Some of the property relates to the development of the "Fall Line Freeway" and a related industrial park.
SB 123, by Sen. Hawkins (R-Gainesville), which would regulate and license pharmacy benefits managers by the Commissioner of Insurance, including license requirements and filling fees, was sent back to the House Rules Committee for additional work.
The House will reconvene Wednesday, March 25, 2009 at 10:00 a.m.
Committee News
Senate Judiciary Committee
HB 667, by Rep. Allison (R-Blairsville), was described as a "simple hospital bill" dealing with acquisition of a nonprofit or public hospital, how it is valued and retention of the experts hired to make that valuation. The intent of the Legislation is to have hospitals pay these expert fees (which are generally accounting fees) directly to the consultants rather than the State making that payment. In the current version of this legislation, there is no cap for these experts (originally, it was proposed to be capped at $75,000). The Attorney General does not want taxpayers to pay for these expert fees though.
In the meeting, Sen. Cowsert (R-Athens) asked what exactly these experts do to make the valuation. The experts arrive at the "value" of the facility, looking at the public benefit which it provides. Hospitals are now paying a flat fee of $50,000 to the State when an acquisition is desired. However, expert fees generally cost $35,000-$80,000. If the Legislation passes, the General Assembly would not have to pay out the fees; rather parties involved in the acquisition transaction would pay the experts directly. Ethan James spoke on behalf of the Georgia Hospital Association and stated that the Association had worked with the Attorney General's Office and does not oppose the current Legislation.
HB 667 received a "do pass" recommendation from the Committee. Sen. Smith (R-Rome) will carry the Legislation on the Senate Floor if the initiative passes out of the Senate Rules Committee.
Senate Education and Youth Committee
On Monday, the Senate Education and Youth Committee, under the leadership of Sen. Weber (R-Dunwoody), met for a lengthy meeting. Some of the highlights of that meeting included:
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HB 280 was passed from the Committee. It proposes to provide salary enhancements of $1,000 to secondary school teacher who becomes certified in mathematics or science or both beginning on July 1, 2010. This idea is to improve elementary teachers with math and science and attract more individuals to the teaching profession. It was also a part of the Joint Study Committee's Recommendations made last year. This "supplement" would continue until Georgia no longer felt that there was an insufficient supply of these teachers. The Professional Standards Commission would be required to establish rules for this salary enhancement. Both professional teacher organizations ("PAGE" and "GAE") had concerns about the legislation. PAGE indicated that there was a current law not used that permits salaries to be moved up in "steps" and the idea being considered basically provides additional moneys to "unproven" teachers at a cost. PAGE also questioned the treatment of the teachers who are currently teaching in these subject matters; they have concerns presently about job security. GAE noted that the State is not meeting "yearly progress" in special education and there are needs to enhance reading. GAE suggested a better approach would be to permit service cancelable loans to individuals wishing to perhaps change careers. A Study Committee was suggested on the "true needs" to meet the challenges of Georgia students. GAE also indicated that there was a need for a tracking system for teacher performance.
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HB 243 also cleared this Committee with a vote of 4 to 3. An amendment was added clarifying that the 10% pay boost for nationally board certified teachers working in high needs schools would be funded subject to appropriation. In the Budget, the Governor had proposed eliminating altogether funding for these teachers. PAGE and GAE argued in favor of the funding as did the National Board Certified Teachers Association. Rep. Coleman (R-Duluth), author of this Legislation, noted in the meeting that the House was committed to honoring its promise to paying these nationally board certified teachers as passed in HB 1187 in 2000 with the 10% salary boost. Additionally, in this year's Budget as passed by the House, it further proposed an "add" of $13 million to fund these teachers (there are 2,089 teachers getting the supplement). Since 2005, there are 342 teachers going into high needs schools. GAE also suggested a Study Committee on national board certified to see how those teachers have actually engaged and improved student achievement; programs, as GAE argued, needs to be fully funded.
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SR 444 passed out of the Committee. This Resolution, by Sen. Butler (D-Stone Mountain), would propose to require education in Georgia schools about teen dating violence.
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HB 493 was sent to a "subcommittee" after lengthy testimony and discussion. Brought by Rep. Brooks (D-Atlanta), it proposed to use federal stimulus money to expand the mission of the Georgia Youth Conservation Corps. It would have also had the Departments of Natural Resources and Labor to help manage the program which would create jobs and help teach individuals a skill to weatherize homes.
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HB 455, by Rep. Neal (R-LaFayette), passed with a vote of 7 to 2. It would permit local school boards an extension of time until May 15 to tender their contracts because of lack of knowledge on funding (with the present budget cuts).
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HB 400, by Rep. Millar (R-Dunwoody), was scheduled again for Wednesday due to a loss of a quorum to vote on the proposal. This legislation has been known as the "Bridge Bill." It would require the Department of Education to develop focused programs of study in high-demand, high skill, and high wage and academic career fields. The Committee had raised a number of questions to the Bill's author which he tried to address –such as whether there was an actual fiscal note on the legislation. There was no such fiscal note. Rep. Millar indicated that there was money in the federal stimulus plan which could be used. Also, he was asked about the numbers of counselors in middle schools; there are 909 with master's certification in counseling.
Senate Health and Human Services Committee
Sen. Henson (D-Henson) presented SR 635, which would create a Senate Study Committee on Georgia Health Disparities for Asian and Pacific Islander Americans. Asian doctors say this group is the fastest growing group of uninsured and diabetic. This Study Committee would look committee shall undertake a study of the health risks, language barrier issues, and health funding disparities present in Asian and Pacific Islander American communities. SR 635 passed unanimously.
Sen. Unterman (R-Buford) presented SR 641, which creates a Senate Study Committee on Roosevelt Warm Springs Institute for Rehabilitation and the services that entity performs. This Resolution received a "do pass" recommendation from the Committee.
SR 642, also authored by Sen. Unterman, was favorably reported by the Committee. This Resolution would create the Senate Study Committee on Consolidation of Services for Crime Victims. This Committee would look at ways to potentially draw down more federal money for crime victims.
Rep. Sims (R-Ambrose) presented HB 64, relating to the issuance of death certificates. This change would require the physician to sign the certificate within 72 hours of the death. If not signed, the funeral director would turn the physician over to the State Board and at which time the coroner would have the ability to sign the certificate. Pandemic Flu is one exception to this provision. Sen. Smith (R-Rome) had concerns with coroners not having medical degrees, but still being permitted to sign these certificates.
HB 457, the legislation by Rep. Peake (R-Macon), proposed changes in Chapter 5 of Title 30, relating to protection of disabled adults and elder persons, and specifically revising the definition of the term "disabled adult." Sen. Unterman (R-Buford) originally authored this Code Section and protections for elder abuse. A substitute on this Bill cleared as the advocacy groups worked out a new felony crime for elder abuse in and out of long-term care facilities. Sen. Unterman insisted that the original law was not eroded.
House Rules Committee
On Monday, the Rules Committee set the following calendar for the Thirty-Sixth Legislative Day:
SB 13, by Sen. Smith (R-Rome), would ensure that those accused of crimes may be sentenced to life without parole even if prosecutors choose not to seek the death penalty.
SB 14, by Sen. Douglas (R-Social Circle), provides that no person on the national or State Sex Offender Registry will be eligible for election or service on local school board.
SB 44, by Sen. Tolleson (R-Perry), gives preference to certain Georgia-produced goods in the bidding contracts or purchasing decisions made by State, department, agency, commission, local governments and public schools and requires them to factor in the multiplier effect of accepting a bid or purchase whether the products are Georgia-produced products, as opposed to out-of-state goods, on Georgia gross domestic product and public revenues. This provision, if passed, would apply to a contract or purchase which exceeds $100,000.
SB 83, by Sen. Rogers (R-Woodstock), provides for an additional state-wide homestead exemption of $2,000 beginning in 2009. This exemption will be applicable to State, county, city, and all school property taxes. Currently, homestead property owners receive a $2,000 state-wide homestead exemption on their state, county, and school ad valorem taxes each year. In each year beginning in 2010, this new additional $2,000 exemption will increase by a percentage equal to a cost of living index, unless the cost of living index decreases. In any year that the cost of living index decreases, no adjustment to the homestead exemption will be made. The Commissioner of the Department of Revenue will be required to establish rules governing cost-of-living adjustments, including the determination and use of the appropriate index. The index used must reflect the effects of inflation and deflation on persons receiving benefits in Georgia. This new $2,000 state-wide homestead exemption will be in addition to, and not in lieu of, local homestead exemptions and will be subject to approval in a special election on the third Tuesday in June, 2009.
SB 97, by Sen. Grant (R-Milledgeville), changes the designation of the "State Merit System of Personnel Administration" to the "State Personnel Administration" wherever it appears throughout the Code, except in Title 47.
SB 98, also by Sen. Grant (R-Milledgeville), changes certain references, in Title 47, of the "State Merit System of Personnel Administration" to the "State Personnel Administration."
SB 109, by Sen. Smith (R-Rome), would amend provisions relating to retirement and pensions under the Employees’ Retirement System, the District Attorneys Emeritus Fund, the Georgia Judicial Retirement System, and would amend provisions relating to social security coverage for employees. Specifically, this Bill would transfer certain duties and obligations from the Department of Administrative Services to the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia, the Prosecuting Attorneys’ Council of the State of Georgia, and the Council of Juvenile Court Judges. This Bill would also provide clarification regarding the source of funds used to cover the employer contributions made on behalf of certain members of these funds
SB 162, by Sen. Grant (R-Milledgeville), authorizes security guards and detectives to obtain individual licensure for employment and requires them to complete board mandated training prior to applying for a license. This Bill removes the requirement for a $1,000 surety bond relative to firearms dealers.
SB 210, by Sen. Johnson (R-Savannah), includes home-schooled students among those students eligible to participate in the student honors program
House Judiciary Non-Civil Committee
On Monday, SB 4 authored by Sen. Butler (R-Atlanta), received a favorable recommendation Monday from the Committee chaired by Rep. Golick (R-Smyrna). This Legislation provides that when a person makes a request for a protective order, that the requesting party can also request to be notified when that order is served. A sheriff or marshal serving the order will notify the requestor within 24 hours of serving the order. Questions arose about whether or not the contact information that the requesting party provides would be subject to open rules; however, this information would be sealed.
Sen. Unterman's (R-Buford), SB 69, also received a "do pass" recommendation from the Committee. No amendments were made to the Bill. SB 69 addresses responsibilities for persons such as teachers, counselors, and nurses, who are required to report suspicions of child sexual exploitation. It was noted that 200-300 girls and boys between ages of 12 to 14 are sexually exploited in metro Atlanta on a monthly basis. Current law provides a report must be made when one of these required reporters suspects a child is being prostituted or used in the production of child pornography by a parent or guardian. This reporter reports these suspensions and an investigation commences. This Legislation does not address the standards to be used in conducting that investigation. The Bill would alter the law so that the required reporter would make a report of suspected sexual exploitation of a child regardless of whether the exploiter is a parent or guardian. The initiative proposed is similar to law in Massachusetts on this issue. It also brings those individuals who are presently protected under confidentiality (such as physicians and nurses) so that they can become mandatory reporters. Testimony was provided that deprivation and clinical standards remain the same and therefore culpability remains the same.
House Ways and Means Committee
On Monday, the Full House Ways and Means Committee favorably reported the following Legislation out of Committee:
HR 651, by Rep. Graves (R-Ranger), creates the House Study Committee on Business Income Tax Elimination and Job Creation to study the parameters and best implementation of a corporate income tax elimination program.
SB 240, authored by Sen. Rogers (R-Woodstock), provides for another method of appeal for property tax assessments. The taxpayer may opt to submit an appeal to binding arbitration. Prior to appointment of the arbitrator and within 30 days of filing notice of the appeal, thetaxpayer must provide a copy of the value certified by a professional real estate appraiser as classified by the Georgia Real Estate Appraisers Board. The Board may accept this value or the appeal will go to arbitration. Within 30 days of holding a hearing, the arbitrator would be required to render a decision regarding the value of the property by choosing between a single value submitted by the board of assessors and a single value submitted by the taxpayer. The losing party would be required to pay for the fees and costs of the arbitrator.
SB 55, by Sen. Pearson (R-Dawsonville), adds factors to the list of criteria that tax assessors must use in determining the fair market value of real property for ad valorem tax purposes. It adds foreclosure sales, bank sales, or other financial institution owned sales or distressedsales of comparable real property. It also adds that the assessors must consider decreased value of the property based on limitations and restrictions resulting from the property from the property being in a conservation easement. This Bill extends the deadline for filing for forest land conservation use assessment for the year 2009 only. Presently, the deadline isApril 1, but the rules and regulations are still not ready, therefore applicants need more time to review these before applying.
SR 1, also brought before the Committee by Sen. Rogers (R-Woodstock), is a Constitutional Amendment that provides a priority of funding for excess revenues appropriated in the mid-year supplemental budget. It provides for such excess revenues to first be used to fund increases due to student enrollment for local school systems. Additional excess revenues must then be transferred to the Revenue Shortfall Reserve to ensure the fund balance is equal to at least ten percent of the previous year’s net revenue. Any additional excess must then be used to reduce state debt or to give tax relief to taxpayers, or both.
House Government Affairs Committe
Today, Rep. Scott (R-Tifton) chaired a three-plus hour Committee meeting. Here are a few highlights of that meeting:
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SB 168, by Sen. Unterman (R-Buford), passed out of the Committee with one dissenting vote. Its underlying premise is to address campaign financial disclosures and the redundancy of filing electronically and in writing. The Bill would no longer require candidates to make the written disclosures. The initiative also addresses the concern raised by the Department of Revenue about Representatives and Senators who have either not filed or paid their State taxes. There was much debate and discussion on this portion of the Legislation. Some amendments were made concerning the mailing of "notice" and how that was accomplished, following standard language currently in the Code relating to registered or certified mail…statutory overnight delivery.
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SB 70, the legislation by Sen. Hooks (D-Americus), was held at his request. The initiative would require special expedited reporting of certain campaign contributions and provide that the contributions, subject to such reporting, would be required to be those where there exists a contractual, grant, or regulatory relationship between the contributor and the office of the public officer or candidate for public office.
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SB 211, by Sen. Johnson (R-Savannah), had a very lengthy discussion as it proposes to remove the jurisdiction of the Department of Administrative Services ("DOAS") over office supply purchases for the State. Sen. Johnson indicated that this would help small businesses and he had the trust in State employees not to waste resources. Small office suppliers were pitted against Office Depot in a prior bid attempt for these supplies. Rep. Porter (D-Dublin) also appeared before the Committee to support Sen. Johnson's Bill. DOAS argued against the change; they stated that purchases of some supplies, using local businesses, could be done now on an emergency basis and those fell outside the bid process. However, this type of purchase was an exception. Many small office supply businesses testified in support of the Bill claiming it was very hard to bid against one of the "box" businesses. Each of these entities packages products differently; thus, pricing is done differently.
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SB 20, the "sanctuary" Bill proposed by Sen. Pearson (R-Dawsonville), stalled. It proposed to require local governments to comply with immigration policies by identifying illegal citizens. Sen. Pearson noted the problems with locations basically creating sanctuaries for these individuals. He argued that some locations around the country were becoming de facto sanctuaries because they were telling police officers not to ask individuals for their immigration status. That process is being conducted in Georgia as well. If not enforced, the Bill proposes to withhold a local government's state funding or state administered federal funding. Rep. O'Neal (R-Bonaire) argued that perhaps a criminal violation should be added to the legislation. He noted that there should be a waiver of the immunity permitted for local government employees who were exceeding their scope of lawmaking authority. Rep. Powell (R-Camilla) stated that he had concerns about some of the vague language contained in the Bill. Thus, Sen. Pearson is to work with Reps. O'Neal and Powell in crafting a substitute on this idea.
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SB 86, by Sen. Staton (R-Macon), was presented and passed. It clarifies the election law on proof of citizenship for persons applying to register to vote. There was public opposition to the Legislation and questions of whether it actually violated federal law. Some indicated that the Governor's filing an amicus brief in the Texas voting rights matter was wrong.
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The Committee also heard from Rep. Hamilton (R-Cumming) about HB 665 which would permit on-line voting for military personnel through a pilot process which would have continual verification. No vote was taken on this Bill and it is eligible for movement in 2010.
House Appropriations Committee
Human Resources Subcommittee
After a lengthy hearing on Sen. Hudgens' (R-Hull) Bill, SB 62, to require third-party administrators to fall under Georgia's prompt pay law for insurance claims and require these third-party administrators to be licensed, the Bill was held. Rep. Butler (R-Carrollton), chair of this Subcommittee, had concerns about the Bill and the conflict with the federal ERISA law. The Medical Association of Georgia, physician specialty groups, and Georgia Hospital Association testified in support of the Bill, which was described as a compromise. It would have permitted payment of claims in 15 working days for electronically-submitted claims and 30 days for written paper claims. Currently, Georgia is known for the toughest law on prompt pay in the country. The proposal actually loosens current law for the currently-covered insurance plans by the law – which is a strict 15 days. It also lessens the percentage of interest to be paid by an insurance plan on penalties from 18% to 12%. Large insurers Aetna, CIGNA, and United Healthcare argued against the Bill citing that they were presently regulated by the Department of Labor and that was enough. The large insurers had also planted the seed that perhaps there would be a lawsuit if this legislation were passed like other states. The Georgia Chamber of Commerce also argued against the legislation citing that it was insurance mandate and that it would erode federal ERISA protections for the self-funded plans (those plans provided by large employer groups such as Delta, UPS, Home Depot, etc.). Legislative Counsel had provided Sen. Hudgens a legal opinion that the Bill would not conflict with ERISA and that third-party administrators could be regulated under State law.
General Subcommittee
Rep. Rogers (R-Gainesville) held a Subcommittee meeting this afternoon so that Sen. Goggans (R-Douglas) could present SB 206. It proposes that an annual report on tax expenditures and revenues be prepared by the Office of Planning and Budget and be provided to the General Assembly at the time that the Governor submits his budget proposals. This report would cover three years and look at all tax exemptions and credits on the books and the impact of those. It is anticipated that such a report would cost, if out-sourced, approximately $50,000. Governor Perdue has indicated that he would like to amend this legislation so that it would not apply to the current administration and would actually commence in 2011. However, no amendment was made to the initiative in this Subcommittee. The legislation passed out of the Subcommittee and now must be approved by the Full Appropriations Committee. If passed by the full Committee, Rep. Harbin (R-Evans) will carry this Bill on the House Floor.
House Judiciary Non-Civil Committee
Today, this Committee took up SB 151, by Sen. Wiles (R-Marietta), which would allow the victims of crimes greater input into the sentencing process. This would allow the victim or the victim's family to give an impact statement in a form other than live. Sen. Wiles cited that one of the hardest things for family members is to testify in a courtroom setting, showing no emotion as they are instructed by the Court. This Legislation would allow victims to prepare a video statement that would still be subject to defense review for edits; however, the victim would be allowed the latitude to prepare the statement in a more relaxed setting.
The Douglas County District Attorney, David McDade, spoke in support of SB 151, along with Judge Rowland Barnes' widow. Judge Barnes' was gunned down in his courtroom in 2005 during Brian Nichol's shooting rampage. Judge Barnes' widow told Members of the Committee how it felt to send off her husband that morning to his elected post, only to find out that he would not be returning home. She stated that this could happen to anyone, even at the Capitol building. She also said under this change to the Code, victims and their family members could prepare their statement in a more loving environment.
As this was a hearing only, the Committee intends to have a Substitute ready to be voted on tomorrow.
House Judiciary Non-Civil Committee
Ramsey Subcommittee
Sen. Balfour's (R-Snellville), SB 246, was passed out of Subcommittee today and now moves onto the Full Committee. SB 246 provides notice of the release of a child from detention to the victim. The Bill passed as amended removing the specification of "land line" as the required phone number. The Department of Juvenile Justice did not have an issue with this change.
SB 207 also received a "do pass" recommendation from the Subcommittee. Sen. Wiles (R-Marietta) presented SB 207 to the Subcommittee. This Legislation would admit the general public to hearings in juvenile court with certain exceptions. Under this change, the public would be allowed to attend hearings except adoption proceedings.
House Judiciary Civil Committee
Sen. Tarver (D-Augusta) presented SB 7, the "Truth in Testimony Act," to the Committee. This Bill would require any person giving testimony to a legislative Committee be sworn in as if in Court. Lobbyists would also be subject to this Legislation. SB 7 passed unanimously from Committee.
SB 108, the "Georgia Civil Practice Act," authored by Sen. Cowsert (R-Athens), creates a new subsection to O.C.G.A. 9-11-12. This new Subsection reads as follows:
(j)(1) Stay of discovery. If a party files a motion to dismiss before or at the time of filing an answer and pursuant to the provisions of this Code section, discovery shall be stayed for 120 days after the filing of such motion or until the ruling of the court on such motion, whichever is sooner; provided, however, that such stay may be extended:
(A) By the court on its own motion; (B) By agreement of the parties, filed with the court; or (C) By order of the court upon motion of a party to extend such stay for good cause. (2) The filing of a motion to dismiss against less than all counts alleged shall only stay discovery related to the challenged claims. (3) Discovery shall be extended for the duration of the stay of discovery imposed by this subsection. (4) Upon a showing of good cause, a court may grant a motion for expedited discovery while the motion to dismiss is pending. Good cause may include, but shall not be limited to, discovery needed because a witness will be unavailable during the discovery period or because a party is seeking an interlocutory injunction. (5) If a motion to dismiss raises defenses set forth in paragraph (2), (3), (5), or (7) of subsection (b) of this Code section, limited discovery needed to respond to such defenses shall be permitted until the court rules on such motion. (6) The provisions of this subsection shall not modify or affect the provisions of paragraph (2) of subsection (f) of Code Section 9-11-23. (7) The court shall decide any motion to dismiss which results in the imposition of a stay of discovery pursuant to this subsection during the time period in which such stay exists.
SB 108 passed out of Committee with a "do pass" recommendation.
SB 141, by Sen. Hamrick (R-Carrollton), would give the current resident a 30-day notice of the foreclosure of their residence, even if they are currently renting the property, as it is becoming increasingly more difficult to track down property owners. SB 141 also received a "do pass" recommendation from the Committee.
