John "Chris" Clark becomes GTLA's 53rd President

Media Release

Atlanta, Georgia—On Friday, April 17th, John “Chris” Clark of Macon, Georgia, will become the Georgia Trial Lawyer Association’s (GTLA) 53rd President during the Association’s Annual Convention.

“It has been one of the greatest honors of my life to serve as the President of GTLA,” said outgoing President, Fred Orr, whose one-year term expires this Friday. “I will be handing over the reins of the GTLA Presidency to one of my dear friends and one of GTLA's finest trial lawyers, Chris Clark of Macon, Georgia. He will be an outstanding President of GTLA.”

Clark, a native Georgian, has been practicing law for 20 years. As a partner in O’Neal, Brown and Clark, his practice focuses on representing severely injured individuals or the families of persons killed through negligence.

Clark graduated summa cum laude from The Citadel and was a former officer in the United States Army. He then attended Mercer Law School where he was a Mercer Law Review editor and member of the Brainerd Currie Honor Society before graduating cum laude. Now, Clark is an adjunct professor at Mercer Law School and he regularly lectures at various Continuing Legal Education seminars. Clark is married to Elizabeth Clark and together they have raised two sons, John and Robert.

“I am humbled and proud to be the next President of the Georgia Trial Lawyers Association because without GTLA, the Constitutional promise of justice for all would be significantly endangered,” said Clark. “Protecting and preserving the promise of justice for all Georgians, from all walks of life—remains the essential mission of GTLA. GTLA’s vision of fairness and justice for all is needed now more than ever.”

Clark will be voted in as President at the business meeting during the GTLA Annual Convention at the Four Seasons Hotel. The Annual Convention culminates Friday night with a President’s Gala featuring keynote speaker Congressman Bruce Braley from Iowa. The Gala will celebrate outgoing President Orr and welcome incoming President Clark.

“President Fred Orr did an outstanding job leading GTLA over the past year. I am honored to be following behind such a strong and charismatic leader,” said Clark.

Said Orr, “Chris brings a personal passion to all he does and has a unique understanding of the needs of our members - particularly those outside the metro-Atlanta area. Chris is a true Champion of the Civil Justice System.”

In addition to his leadership in GTLA, Clark is named in the “Best Lawyers in America,” is a member of the American Board of Trial Advocates and a Master in the Bootle Inn of Court. He is President of the Macon Bar Association and he is a member of the President’s Club of the American Associate of Justice. Clark has been repeatedly named as a “Super Lawyer” by Atlanta Magazine.

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Judge Denies Rape Victim the Right to Sue

From CNN:

A budget nobody will call perfect

From the AJC, a report on the GA budget's passage, with quotes attributed to Allie Wall, worth a read:

"When state lawmakers drove away from the Capitol early Saturday, they left many Georgians facing the possibility of higher property taxes this fall and the prospect of higher utility bills in the future.

They left students facing likely increases in tuition at universities and colleges. And they left metro Atlanta residents with the likelihood that MARTA service will be cut.

They gave Georgians with profitable investments a break on capital gains taxes.

They also may have helped create some jobs for the unemployed by giving tax breaks to businesses that hire them and by approving $1.2 billion in borrowing for construction projects."

and ...

A bill consumer groups said would help address the state’s foreclosure crisis, Senate Bill 57, passed the Senate but never made it to the House floor for a vote.

Georgia Watch, an Atlanta consumer group, said the bill would have, among other things, banned major financial incentives for mortgage brokers to guide borrowers into expensive and unsuitable loans.

Allison Wall, executive director of the group, said she was “extremely disappointed” the House didn’t take up the bill.

Source here.

Georgia Legislative Report

How certain bills fared in the final days of the Georgia Assembly:

-Lawmakers struck a deal on an $18.6 billion state budget that makes deep cuts to state spending. The plan avoids increasing health insurance costs for state workers by tapping federal stimulus dollars to pay for Medicaid, the health program for the poor.

The gridlock over transportation continued as lawmakers failed to reach a compromise on funding. Lawmakers struck a deal over a transportation overhaul that would give state politicians vast control over infrastructure dollars. But plans for a new one-cent sales tax to fund hundreds of road projects died.

-Lawmakers agreed on a separate transportation overhaul that would give state politicians vast new control over infrastructure dollars. The transportation makeover, which passed the Senate 33-22, comes after heavy lobbying from Republican leaders who argued that granting the governor and lawmakers new powers over transportation funding would help transform a dysfunctional bureaucracy into one that is more accountable to voters.

-The Legislature approved a sweeping new tax break that cuts the capital gains tax in half over two years. The measure also doles out a $2,400 income tax credit to any business that hires someone who has been unemployed for at least four weeks. And it creates a one-year "new business tax holiday" that waives the $100 filing fee for new business.

-Gov. Sonny Perdue won't be able to preside over a wedding anytime soon. The Legislature on Friday stripped a provision that would give the governor, lieutenant governor, speaker of the House and constitutional officers the power to preside at weddings. House Speaker Glenn Richardson had advocated the measure. But when it passed the House by a 164-1 vote, it only included a separate proposal designed to urge couples to get tested for sickle cell disease before marrying.

-State lawmakers who fail to pay taxes could soon face sanctions from a legislative committee. The House and Senate have both passed measures that would allow the House or Senate Ethics committees to investigate and sanction legislators who fail to pay their taxes. Both chambers passed the measure, which now goes to Perdue.

- A proposal that would give lawmakers more control over the public defender system was pulled amid concerns from lawmakers. It would have given politicians more control of the cash-strapped system.

-The Senate tried again to force adults in seat belts to buckle up, but House lawmakers refused to take up the measure. Similar proposals have died in that chamber for the last three years.

-The Legislature signed off on a proposal that would provide legal protection to families who use donated embryos to have a child. The House's 108-61 vote Friday on the "Option of Adoption Act" is designed to prevent an embryo donor from later claiming the child born from that embryo to another family.

-Lawmakers agreed to reorganize two of the state's largest bureaucracies. The Senate voted unanimously to restructure the state's health and human services department, creating a new agency to lead Georgia's troubled mental health system. The measure would reshuffle social services and health programs now spread across two state agencies and distribute them among three new divisions.

-Lawmakers voted to require prospective voters to prove they are U.S. citizens before they cast their ballots. The plan, which passed the House 104-67, would make Georgia the second in the nation with such requirements. Only Arizona requires its residents to prove they are U.S. citizens to register to vote.


Source here.

Runners are Ambulance Chasers, a Public Service Mini Movie

Click the link to view it, worth your while:



Ambulance Chasers are known as Runners for short. Ambulance Chasing is a crime in the State of Georgia. See OCGA 33-24-53 (d).

Crossover Day Doings

Bills that crossed over include:

The Insurance Delivery Enactment Act of 2009, HB 321, passed the House with bipartisan support on Thursday with 171 members voting for the bill. This bill amends the Georgia Code by changing the definitions of group accident, sickness insurance, and true association. Also, the bill reduces the number of people required for an association from 25 to 10 people. This bill now requires that spouses be included under a policy issued to a legal entity providing a multiple employer welfare arrangement. Other changes relate to the amount of insurance under the policy and makes changes in the required number of years in existence from 5 to 3 years.
ouse Bills 481 and 482, the Jobs, Opportunity, and Business Success (JOBS) Act of 2009. HB 481 provides tax credits to employers for each unemployed person hired, suspends business “start-up” fees for one year, and eliminates the state sales tax deposit. HB 482 will eliminate the state ad valorem tax on business inventory through a statewide referendum. This legislation will allow small businesses to create, expand and attract jobs for Georgians.

-House Bill 400, the Building Resourceful Individuals to Develop Georgia’s Economy (BRIDGE) Bill. This legislation ensures that all students will have a personalized graduation plan as well as the opportunity for dual enrollment. The bill also seeks to increase student interest by creating programs that combine real world experience with increased academic rigor.

-HB 261 creates a six month window during which anyone purchasing one single-family residence will receive a tax credit of up to $3,600.

-HB 480 removes all ad valorem and sales taxes from automobiles purchased in Georgia after December 31, 2009. Instead, these vehicles will be subject to a one-time seven percent title fee based upon the value of the automobile being purchased, with a maximum fee of $2,000.

Bills with an * are essentially dead until next year after Thursday's internal deadline, unless they are tacked onto another similar bill:

• House Bill 39 *

Cigarette tax increase of $1 per pack

• HB 67 *

Sales tax on food

• HB 118

The midyear adjustment to the current year's budget, including providing for the $428 million Homeowners Tax Relief Grants to local government

Status: Signed by governor

• HB 119

Fiscal-year 2010 budget, including Gov. Sonny Perdue's recommendation for a 1.6 percent tax on hospitals, 10 percent spending cuts and a $1.2 billion stimulus package

Status: House Appropriations Committee

• HB 160

Perdue's "super speeder" bill to boost fines $200 for drivers exceeding 85 mph on Interstate highways and 75 on other roads

Status: Passed the House, awaiting committee assignment in the Senate

• HB 233

Caps local property-tax assessments for two years at the current level or lower

Status: Conference committee

• HB 277

House bill to levy a 1 percent sales tax statewide for specified transportation projects over 10 years

Status: Passed House, Senate Finance Committee

• HB 605 *

House version of bill to transfer state transportation construction from the Department of Transportation to the new State Transportation Authority

• House Resolution 1 *

Capping local assessments on property at 3 percent for residential, 4 percent commercial

Status: Won a majority in the House, but is awaiting a second House vote to see if it gains the two-thirds majority needed as a constitutional amendment

• Senate Bill 16 *

Permit local voters to approve the sale of packaged alcohol on Sundays

• SB 17

Reports legislators who fail to file income-tax returns

Status: Passed Senate, awaiting committee assignment in House

• SB 31

Allowing the Georgia Power Co. to charge customers the financing costs of nuclear plants before they begin operation

Status: Awaiting governor's signature

GTLA Upcoming Annual Convention- Multi Day Schedule

You can find it here.

More than 100 speakers. Tracks including Product Liability, Ethics, and a track for new lawyers. A 1/2 on law and tech.

Ridiculously low price - click the link to see more.

2009 Bills Pending Before Crossover Day

Here is a list of what is pending:

SB 31 - Allows Georgia Power Co. to charge customers the financing costs of nuclear plants before they begin operation - passed both House and Senate, awaiting governor's signature

SB 39 and HB 277 - Two approaches to transportation funding are moving through the General Assembly. The Senate passed SB 30 that would allow a one-penny sales tax for transportation (TSPLOST) to be approved for the metro Atlanta region and in individual counties outside metro Atlanta. The legislation was sent to the House, where it has been put on the back burner while House members consider their own transportation funding solution. The House passed HB 277, which provides for a ten-year, statewide sales tax for transportation with specific projects listed in the legislation. Status: It is likely that a conference committee will be formed to work on a consensus proposal for transportation funding before the Governor for signature or veto.

SB 54 - Prohibits abusive home loan practices as part of the Georgia Fair Lending Act. Status: Senate read and referred to committee.

SB 55 - Alters factors to be considered in determining fair market value of real property in relation to ad valorem taxes. Status: Senate passed, read second time in House.

SB 60 - Authorizes each local board of education to determine the maximum age of mandatory education from 16 to 18 for its local school system. Status: Senate read and referred to committee.

SB 71 - Prohibits engaging in certain outdoor sporting activities while under the influence of alcohol, drugs, and other substances. Status: Senate read and referred to committee.

SB 83 - Increases the amount of the statewide homestead exemption for ad valorem taxes. Status: Senate Passed, House Committee favorably reported, passed House vote on March 4, House voted to reconsider on March 5.

SB 84 - revise provisions relating to eligibility for election as a local board of education member; limit the size of local boards of education; revise provisions relating to per diem and expenses of local board of education members; provide for the fundamental roles of local boards of education and local school superintendents; prohibit certain conflicts of interest of board members; provide for a code of ethics for local board of education members. Status: Passed in Senate, read a second time in House.

SB 90 - Establishes vouchers to use taxpayer funds for families to pay private school tuition. Status: Senate committee favorably reported, read a second time in the Senate.

SB 108 - Provides tort reform to allow the charging of attorney fees to plaintiffs when a judge grant's a defendant's motion to dismiss. Status: Senate Committee favorably reported, read a second time in Senate.

SB 142 - Creates the Georgia Family Violence Offender Registry and enhances penalties for an act of family violence. Status: Senate read and referred to committee.

SB 169 - Restricts stem cell research in Georgia; provides that it shall be unlawful for any person or entity to intentionally or knowingly create or attempt to create an in vitro human embryo by any means other than fertilization of a human egg by a human sperm; provides for standards for physicians and facilities performing in vitro fertilizations; defines a living human embryo as a person, not property; prohibits the destruction of a living human embryo for any reason, such as disposal of unwanted frozen embryos kept at a fertility clinic or scientific research. President Barack Obama has announced a lifting of restrictions on federal dollars for such research. Status: Senate Committee favorably reported.

SB 175 - Provides for a moratorium on the administration of a death sentence. Status: Senate read and referred to committee.

SB200 and HB605 - proposed by Governor Perdue with the support of Lieutenant Governor Cagle and Speaker Richardson, would implement sweeping changes in statewide transportation planning, including the merging of the Georgia Regional Transportation Authority (GRTA) and the State Road and Toll way Authority (SRTA) into a new State Transportation Authority (STA), which would be responsible for planning, policy and funding decisions. The current Department of Transportation would remain responsible for operations, maintenance and certain construction projects. SB200 passed the Senate on March 5. HB 605 has been read a second time in the Senate.

HB 39 - Cigarette tax increase in the amount of $1 per pack - currently in the House Ways and Means Committee. Status: Read a second time in the House.

HB 67 - Suspending exemption on sales and use tax on certain food and beverages, reinstating a four-cent sales tax on groceries. Status: House Committee favorably reported.

HB 118 - Mid-year adjustments to the current year's budget, including reinstatement of the Homeowners Tax Relief Grant to local governments. Status: passed both House and Senate, now in conference before going before the Governor for signature or veto.

HB 119 - Fiscal year 2010 budget including a 10 percent cut in spending and a $1.2 billion stimulus package - currently in the House Appropriations Committee.

HB 160 - "Super Speeder" bill to boost fines $200 for drivers exceeding 85 mph on interstates and 75 on other roads. Also increases the fees paid for reinstatement or restoration of suspended or revoked drivers' licenses. Passed the House on Monday (March 9) and headed to the Senate.

HB 209 - Allowing the use of valid student identification cards issue by a public or private college or university in Georgia as proof of identity in order to vote. Status: House Committee favorably reported.

HB 228 - Reorganizing and reestablishing various state health and human services agency and reassign various functions of the Department of Community Health and the Department of Human Resources and abolish the Board of Community Health and the Board of Human Resources and establish the position of State Health Officer and the Behavioral Health Coordinating Council. Status: House Committee favorably reported.

HB 261 - Providing for an income tax credit for a limited period of time for the purchase of one eligible single-family residence. Status: House Committee favorably reported.

HB 277 - Levying a 1 percent sales tax statewide for specific transportation projects over the coming 10 years - passed the House, currently in the Senate Finance Committee. Status: Passed house, read in Senate and referred to Senate Committee.

HB 385 - Repealing the date on which the State Commission on Family Violence shall cease to exist. Status: House Committee favorably reported.

HB 517 - Imposing a cap on property assessment increases at the inflation rate or 3 percent. Status: Read a second time in the House.

51 resolutions under consideration in the Georgia General Assembly. Many are associated with House or Senate Bills currently under consideration. Adopted resolutions are constitutional amendments to the Georgia Constitution and require voter approval following adoption and signature by the Governor. For a complete list of Resolutions and their status, see the link posted above.

Link/source here.

School Vouchers Bill Up for a Vote

School-voucher legislation comes up for the first legislative vote in decades.

Sen. Eric Johnson, R-Savannah, sponsored Senate Bill 90. Polls show overwhelming support among the public but little enthusiasm among professional educators.

Opponents are lobbying against it right up until the Senate vote.

Speeding Bill Passes GA House

Gov. Sonny Perdue’s proposal to charge what some call "super speeders” an extra $200 on their traffic fines was passed by the Georgia House of Representatives.

Under the proposed law, speeders who are travelling at more than 85 mph on an interstate or four-lane highway and those who top 75 mph on other roads will be hit with the new fine.

There is a revenue implication: The governor’s office estimates that the new law could create an additional $23 million a year to help subsidize hospital emergency room operations and to improve emergency trauma care in rural areas.

Our thanks to Macon.com.