Legislature Closing in on Adjournment

House Committees Meet

A subcommittee of the House Banks and Banking Committee met this week.  Chaired by Representative Calvin Hill (R-Woodstock), the subcommittee reported S.B. 535 by Senator Bill Hamrick (R-Carrollton) and others that adds more consumer protections for people who choose to pawn the title of their vehicle for short term cash needs.  Among other things, the bill would require a title pawn dealer to return to the individual any proceeds in excess of the amount owed if the vehicle is sold to satisfy the debt and give notice if a vehicle was about to be taken.  The bill is awaiting further action by the full committee.

Later that same day, Chairman James Mills (R-Gainesville) called a meeting of the full committee to receive a report from the subcommittee on the changes to the title pawn bill and how it differed from similar legislation he had authored that has already been reported from the committee.  In other committee action, S.B. 505 by Senator Don Balfour (R-Snellville), was discussed by the author.  He stated the bill provides for the exemption from licensing as a mortgage broker or lender if the company is a financial institution and the individual is an exclusive agent for the financial institution and the institution takes responsibility for the individual's actions.  Following extensive questioning, the bill was reported and is pending in the House Rules Committee.
 

Senate Committee Hears Wire Transfer Bill

Senator Bill Hamrick (R-Carrollton), chaired a meeting of the Senate Banking and Financial Institutions Committee to hear testimony on H.B. 1238 by Representative Tom Rice (R-Dunwoody) and others that requires money transmitters sending wires out of the country to collect a 5% fee from anyone wiring money who cannot show they are in the U.S. legally.  Representatives from Western Union testified in opposition to the bill and delivered an extensive memorandum calling into question the bill's constitutionality.  The representative also criticized the bill for not including wire transfers issued by financial institutions.  Others testifying against the bill were representatives of the Georgia Food Industry Association and the Appleseed Project, a public interest organization.  No action was taken on the bill.  However, later in the week, this legislation was attached as an amendment in committee to another bill, S.B. 529,  that had already passed the Senate.  This legislation deals with a number of issues involving undocumented individuals and the House passed their version of the bill.  A conference committee is expected.
 

Insurance Bill Reported out of Committee

H.B. 1304, legislation introduced by House Insurance Committee Chairman Tom Knox (R-Cumming) and others, provides that neither the cash surrender values nor the proceeds of life insurance policies and annuity contracts shall be liable to attachment, garnishment, or legal process in favor of any creditor of the person for whose use or benefit the policy or contract was executed.  As we have reported in previous Legislative Updates, GBA had some concerns with the vagueness of some of the language in the bill and the version reported by the committee addresses our concerns.  Our thanks Chairman Knox and to Senate Insurance and Labor Committee Chairman, Ralph Hudgens (R-Comer) for ensuring our input was heard on this legislation. 
 

Action Taken on Other Bills GBA Monitoring

• Notice of Real Estate Settlements Bill Reported
  The Senate Judiciary Committee reported H.B. 1282 by Representative David Ralston (R-Blue Ridge) and others.  The bill creates a "Notice of Settlements" form that any party to the transfer of ownership of real estate or who creates a lien or mortgage on the property by way of a deed to secure debt, mortgage, or other instrument may file with the Clerk of Superior Court and if a lien is filed during the 45 day existence of the Notice of Settlements and the title has not changed hands, the lien will attach to the property.  The bill is now pending in the Senate Rules Committee.  The bill has already passed the House.
• Escrow Deposit Accounts Bill Reported
  H.B. 1273 by Representative Larry O'Neal (R-Warner Robins) and others amends the current statute requiring tenant escrow deposits to be placed in a bank account to remove the provision that requires the landlord to inform the borrower of the account number.  The requirement to notify the tenant of where the account is established remains in effect. The bill was reported out of the Senate Special Judiciary Committee this week.
• Mechanic and Materialman Liens Bill Receives Final Passage
  S.B. 530 by Senator Dan Weber (R-Dunwoody) and others amends the current provisions of the law dealing with mechanics and materialmen to allow a lien to attach to property for improvements done at the request of a tenant or subcontractor acting on behalf of the owner; the lien could also extend improvements authorized by the tenant or subcontractor to the adjacent easement or public right of way.  The bill was passed by the House this week thereby clearing the bill for the Governor's signature.

Ralston

O"Neal

Weber

GBA Monitoring More Than Three Dozen Bills

The Georgia Bankers Association is following a number of bills carried over from the 2005 legislative session all those introduced in the 2006 session.  All the 2005 bills are eligible for consideration at any time and many are of serious concern.  We have substantially revised GBA's website and particularly the Government Relations area.  Please check this area frequently as we update the State Government Relations page daily while the General Assembly is in session.  Please click here to see the bills currently on our watch list.
 

GBA's Lobbyists

GBA is represented this year at the Capitol by our three lobbyists:  Joe Brannen, Elizabeth Chandler and Don Browne so give them a call if you have questions about any legislation.  Don’t forget to check the 2006 State Issues link on GBA’s website for up-to-the-minute status of bills being followed this session.

Joe Brannen, Direct phone, (404) 420-2026
Elizabeth Chandler, Direct phone, (404) 420-2027
Don Browne, Phone, (404) 522-1501

GBA Keeps You Informed

GBA’s e-Legislative Update is intended to keep you apprised of the bills that the GBA is tracking on the industry’s behalf and is sent on Fridays during the session.  On Fridays when the Update is not mailed, it will be sent electronically to those who have provided us with their email addresses.  The ‘State Issues’ section of GBA’s website, 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 e-version of GBA's Legislative Update will be published regularly during the 2006 session of the Georgia General Assembly.  Please let GBA's Lydia Thomas know of others you would like added to our distribution list.
 

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Georgia Bankers Association - 50 Hurt Plaza, Suite 1050, Atlanta, GA 30303 • Phone 404.522.1501 • Fax 404.522.9848