Sen Floor Amend 2 AM 49 0325 to HB 1185

WITHDRAWN Senators McNeel of the 18th and Tillery of the 19th offered the following amendment #2: Amend HB 1185 (LC 62 0291-EC) by replacing lines 1 and 2 with the following: To amend Titles 9, 14, 15, and 51 of the Official Code of Georgia Annotated, relating to civil practice, corporations, partnerships, and associations, courts, and torts, respectively, so as to provide for By inserting after "situations;" on line 7 the following: to revise a provision for consolidation of civil actions; to repeal certain provisions for the joining of multiple claims in a single action, for venue and forum, and for consolidation of claims; By inserting after line 400 the following: SECTION 21. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended in Code Section 9-11-42, relating to consolidation and evidence, by revising subsection (a) as follows: "(a) Consolidation. When actions involving a common question of law or fact are pending before the court, if the parties consent, the court may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay." SECTION 22. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by repealing subsection (c) of Code Section 51-14-7, relating to sworn information form providing required information, failure to state a claim, and class actions barred. SECTION 23. Said title is further amended by repealing and reserving Code Section 51-14-10, relating to venue. SECTION 24. Said title is further amended by repealing and reserving Code Section 51-14-11, relating to consolidation of claims. SECTION 25. Said title is further amended by revising Code Section 51-14-12, relating to application of chapter dependent upon date claim accrues, as follows: "51-14-12. (a) Asbestos claims and silica claims that accrued before April 12, 2005, or that will accrue on or after May 1, 2007, shall be governed by this chapter, as it exists on May 1, 2007. Asbestos claims and silica claims that accrued on or after April 12, 2005, and before May 1, 2007, shall be governed by Chapter 14 of Title 51, as enacted on April 12, 2005, by 2005 Act No. 29 (Ga. L. 2005, p. 145). (b) Notwithstanding the foregoing, all asbestos claims and silica claims filed on or after April 12, 2005, and before May 1, 2007, shall be subject to and comply with the provisions of Code Sections 51-14-6, 51-14-7, 51-14-8, 51-14-9, and 51-14-10, as enacted on April 12, 2005, by 2005 Act No. 29 (Ga. L. 2005, p. 145). All asbestos claims and silica claims filed on or after May 1, 2007, shall be subject to and comply with Code Sections 51-14-7, 51-14-8, and 51-14-9, 51-14-10, and 51-14-11, as they exist on May 1, 2007." By redesignating Sections 21 and 22 as Sections 26 and 27, respectively.