Legislative Update

February 2, 2001          A review of current developments from the Georgia Bankers Association

 

The Flag Deal Gets Done

 

The Governor and legislative leaders make quick work of creating a new flag for Georgia.  In near-record time, the General Assembly adopted the flag, the bill was signed by the Governor and the new flag hoisted atop the Capitol.  In a presentation to the Government Affairs Council of the Georgia Chamber of Commerce on which GBA participates, the Governor said, “This was the only way to get the flag changed.  People can complain about the process all they want, but it was the right thing to do and it had to get done sooner rather than later.”  The Governor went on to outline his critical agenda ahead which he said had gotten off track somewhat by the flag debate:  DUI, Education Savings Accounts, Water, and Education.  He said he would not recommend any new tax legislation due to the weakening of the state’s economy, but reported he had funded another 1% for the state’s reserves through discretionary authority he was given by last year’s General Assembly.  The reserve now stands at 4%, a record level.

Predatory Lending Meeting


Sen. Fort

As reported in last week’s LegisFAX, legislation has been introduced, S.B. 70, designed to stop predatory lending practices in Georgia.  The GBA has taken a position against the bill because it so broadly defines predatory lending that many traditional bank loans would be affected.  For example, the financing of single premium credit insurance would be prohibited if the mortgage or installment loan had improved real estate as any part of the collateral.  The bill is on the agenda for the Senate Banking and Financial Institutions Committee meeting next Thursday, so we need your feedback immediately.  GBA was asked this week by the author, Sen. Vincent Fort (D-Atlanta) to meet with him and the supporters of his predatory lending efforts to discuss our concerns.  In a two-hour meeting, we explained our objections to including all home loans in their predatory lending definitions and the many problems the bill would cause traditional lenders.  The proponents of the bill were quite emotional in advocating their position and we left the meeting with little indication they were willing to consider any of our objections.

Housekeeping Bill in Committee


Rep. Parrish

The Banking Department’s annual housekeeping bill, which passed the Senate last week, is pending in the House Banks and Banking Committee.  House Committee chairman Butch Parrish, (D-Swainsboro) has announced the bill will be considered on Monday.  Among the provisions in the bill:  adding investments banks may make in the Federal Home Loan Bank and expedited notice provisions of new activities.  GBA supports.

Georgia Qualified State Tuition Program


Rep. McBee

H.B. 83 by Representatives McBee, Porter, Coleman, Buck, Connell, and Kaye. Would provide for tax benefits through establishing school tuition accounts to pay for qualified higher education expenses.  S.B. 29 by Senators Cagle, Hill, and Williams as well as H.B. 14 by Representatives Kaye, Westmoreland, Porter, Ehrhart and McGee are similar bills.  Governor Barnes recently announced his support for the program and included the concept in his legislative package for 2001.  GBA supports.

UCC Article 9


Rep. Martin

The GBA, the State Bar of Georgia, legislators and the Office of Legislative Counsel have been working on a bill, H.B. 191 by Rep. Jim Martin, to revise Article 9 of the Uniform Commercial Code (UCC).  Article 9 is the part of the UCC that deals with secured transactions and has been effective in Georgia since 1962 and with some variations, all other states.  This revision started with the National Conference of Commissioners on Uniform State Laws and their drafting process began in the early 90s.  Roughly 37 states have already adopted the revisions or are in the process of doing so.  The most important aspect of revised Article 9 is that an agreement could now be made and notices given either by electronic means or on paper.  GBA staff has participated in several subcommittee meetings of the House Judiciary Committee over the last two weeks and the bill is on the full committee calendar for a vote next week.  GBA supports.  

Electronic Signatures


Sen. Lamutt

S.B. 24 by Senators Lamutt, Polak, Thomas, Perdue and Mullis.  Clarifies that any Georgia statute relating to any record other than electronic or type of signature other than electronic shall be permitted to use electronic records and signatures.  The bill has already passed the Senate and is pending in the House Judiciary Committee.  GBA supports.

Historic Property Tax Credits


Rep. Jamieson

H.B. 118 by Representatives Jamieson, Ashe and McClinton.  The GBA has joined with The Georgia Trust, the Historic Preservation Division of the Georgia Department of Natural Resources and other preservation organizations to support legislation to further encourage the revitalization of historic neighborhoods and central business districts.  The Joint Study Committee on Historic Preservation recommended this idea, The Homeowner and Downtown Assistance Act, in 1998.  The bill would provide a 30% state tax credit for a certified rehabilitation of residential properties, a 25% state tax credit for a certified rehabilitation of income-producing properties, a mortgage certificate program targeted to low- to moderate-income residents who may not benefit from a state tax credit and a pass-through provision for developers.  GBA supports.

Lawyers Trust Accounts


Rep. Wiles

H.B. 220 by Representative Wiles.  Requires a bank to verify if a check deposited in a lawyers trust account has been honored.  GBA opposes.

For More Information

Contact GBA’s lobbying team for information about these or other bills pending in the General Assembly:

Joe Brannen (404) 420-2026
Elizabeth Way (404) 420-2027
Don Browne (404) 522-1501

Let Us Have Your Feedback GBA’s Legislative Update is intended to keep you apprised of the bills that the GBA is tracking on the industry’s behalf.  Subsequent issues will be mailed on alternate Fridays except when the legislature is in recess.  On Fridays that the Update is not mailed, GBA’s LegisFAX will be sent via fax to all CEO’s, Contact Bankers, Bank Counsel Section members and those interested in tracking issues on a weekly basis.  Please take a moment to write or send an email to GBA President Joe Brannen with your suggestions for improving these publications or with questions.  

The ‘State Issues’ section of GBA Online is linked to the website maintained by the General Assembly and assures that you will have the latest version of any bill being tracked by the GBA.

The electronic version of GBA's Legislative Update will be published regularly during the 2001 session of the Georgia General Assembly.  Let GBA's Lydia Thomas know of others you would like to add to our distribution list.

State Legislative Issues l Georgia House of Representatives l Georgia State Senate l Governor
Federal Legislative Issues l Georgia Members of Congress