September 22 2011

Special Session Wrap-Up

Although GTLA took no position on any of the redistricting issues that were the primary focus of legislators during the Special Reapportionment Session in August, we were nonetheless very busy addressing a handful of bills reviewed by committees during the session.

The House Judiciary Committee took up a revised version of HB 397, a bill that would update Georgia’s Open Records/Open Meetings laws. Of primary importance to us is a provision that would preclude a plaintiff from obtaining via an open records request any records that could be used in pending litigation. GTLA Legislative Committee Co-Chairs Jay Sadd and Alwyn Fredericks and I met with Attorney General Sam Olens to negotiate over this provision and I testified to the House Judiciary Committee regarding our opposition to the provision. We will be meeting with AG Olens again on this provision and other concerns we have with HB 397 this fall.

The Senate Economic Development Committee took up SB 244, a bill that would create a tax loophole for online travel agencies, relieving them of the obligation to pay state and local hotel/motel taxes. Because this bill is designed to gain an upper hand for the defendants in litigation that has been prosecuted by several of our members for the better part of the past decade, your GTLA took part in a coalition of groups opposing the legislation including the associations made up of city and county governments. There was very little support for the bill at the committee hearing but you can expect more fireworks over this bill in the 2012 regular legislative session.

Finally, GTLA also worked behind the scenes with House leadership and the lead sponsor of HB 242, the American Laws for Georgia Courts, prior to that bill being taken up by the House Non-Civil Judiciary Committee during the Special Session. This bill began arguably as a xenophobic attempt to prevent Georgia courts from relying on foreign laws (especially laws having Muslim connections). At our insistence, the bill has been transformed into one that only precludes Georgia courts from (i) following foreign laws that would deprive a U.S. citizen of their constitutional rights, (ii) enforcing a contractual choice of laws provision that would call for the application of a foreign law that would deprive a U.S. citizen of their constitutional rights or (iii) granting a motion to change venues based on ‘forum non conveniens’ if the foreign jurisdiction would apply laws that would deprive a U.S. citizen of their constitutional rights.

Bill Clark
Director of Political Affairs

Georgia Trial Lawyers Association
101 Marietta Street, NW
Suite 3350, Atlanta, GA 30303
Phone (404) 522-8487 | Fax (404) 522-3705