House Judiciary Committee, February 5, 2026

Transcript

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1. 0:16:24

   Oh. Thanks.

2. 0:16:26

   You got it. That's what, that's what

3. 0:16:30

   ...

4. 0:16:30

   All right. All right, ladies and gentlemen. Thank y'all for being here. Uh, got a little late start from what we started to, uh, at 1:00. But, uh, to get us underway, I thought I'd call on the vice chair for a word of prayer.

5. 0:16:45

   Thank you. Let's pray. Dear Lord, with, uh, literacy being the word of the afternoon, we pray for the students of Georgia, their teachers and parents, and pray for Your blessings on, uh, education. Pray for these deliberations here in judiciary. In Your name we pray, amen.

6. 0:16:58

   Amen. All right, let's see. Um, Noel, you wanna come up and do yours?

7. 0:17:05

   Sure.

8. 0:17:06

   Excuse me, Representative Williams.

9. 0:17:09

   It's fine. Mr. Chairman.

10. 0:17:14

    Okay, whichever one that you want.

11. 0:17:16

    I will, I will be kind and, um, just, just take that, um, from Representative Kelly. Um, this bill is LC47-4934. This has to do with the Cordele district where I live. Um, Superior Court judges, um, in the Cordele Judicial Circuit, all the judges in the area sent me a letter saying, "Please change these dates or, or have this enacted." So basically, um, I know y'all have heard the phrase of this being a simple bill.

12. 0:17:46

    Well, the Cordele Circuit, Ben Hill County, which is Fitzgerald, would like to change their dates to January 1 and July 1. For Crisp County, which is Cordele, January 1 and July 1. And then Dooly County, which encompasses Vienna, Pinehurst, Unadilla, um, and that's Representative Patty Stinson's district. That would be January 1 and July 1. And the same for Wilcox County.

13. 0:18:13

    Mm-hmm.

14. 0:18:13

    January 1 and July 1.

15. 0:18:16

    Okay.

16. 0:18:17

    Um, and that's, that would be effective January 1, 2027.

17. 0:18:22

    Okay. Uh, i- is this being done because the code says, or the code set the terms early on? Is that what's going on?

18. 0:18:32

    Yes, sir.

19. 0:18:33

    'Cause, uh-

20. 0:18:33

    And, uh, and all the judges requested this.

21. 0:18:36

    All right. When, uh, my father became judge in the Mountain Judicial Circuit, he did it by judicial order, and I did it by judicial order in the Anova Circuit.

22. 0:18:48

    Mm-hmm.

23. 0:18:48

    So... But-

24. 0:18:49

    Well, this came by order by the judges in, in my district, so.

25. 0:18:52

    And they're ordering you to do it.

26. 0:18:53

    That's right.

27. 0:18:55

    All right.

28. 0:18:55

    And you can call John Pridgen.

29. 0:18:59

    It's his fault.

30. 0:19:00

    Yeah, that's right.

31. 0:19:01

    All right. All right. Anybody have any questions?

32. 0:19:06

    Vice Chair.

33. 0:19:08

    Isn't it true that, uh, UGA Professor Perry Sentell grew up in that, uh, circuit, and then Walter George, uh-

34. 0:19:15

    Right

35. 0:19:15

    ... Mercer Law School?

36. 0:19:16

    Yep. You're correct.

37. 0:19:20

    All right.

38. 0:19:20

    And George Busbee.

39. 0:19:22

    Okay.

40. 0:19:24

    All right. And who's got 14 over there?

41. 0:19:28

    Uh, just real quick, thank you for bringing this bill, uh, Represent- or Chairman. Just want you to know we've also been made aware of the situation with your public defenders down there, and I know the chairman's been made aware of it, too. We're gonna do our best to help y'all down there with this, too, 'cause you'll need even more with this change, too.

42. 0:19:49

    Well, thank you.

43. 0:19:50

    Mm-hmm. Okay. Anybody else? All right. Do I hear a motion? Move to pass.

44. 0:19:59

    Second.

45. 0:20:00

    I got a motion and a second. Any further discussion? All those in favor say aye. Aye. Any opposed? All right, you're done.

46. 0:20:08

    Thank you. Thank you.

47. 0:20:18

    All right. Uh, listen, you wanna do yours?

48. 0:20:23

    Sure.

49. 0:20:23

    Okay.

50. 0:20:24

    Would you like for me to go there or should I stay here?

51. 0:20:27

    Uh, look, I think you could stay here if you want to. All right. Um, I now call House Bill 1042. Uh, Vice Chair Reeves, it's your bill. If you would, explain it, please.

52. 0:20:39

    Thank you, Chairman Gunter, and thank you, Chairman Gunter and members of the committee. Uh, we got a substitute for House Bill 1042. The only changes on that substitute were for, uh, for the foreclosure funds, and they were very, uh, minor. Uh, this real estate, uh, security and title bill has, covers three matters. The first is, I'd like to recognize, uh, uh, Representative Kelly's work last year on judicial security. This is a follow-up on that. Uh, there was a tragedy in Indiana this year where a judge got shot, uh, at the judge's home.

53. 0:21:14

    Uh, this is a follow-up to make sure that judges' home addresses are redacted, both on the address as well as the parcel ID, the spouse's name and things like that, and phone numbers that could be used on the internet to figure out where the judge lives. This is a follow-up on that from the Judicial Council. Uh, it's been carefully, uh, vetted, thoroughly, uh, vetted through title insurance companies, uh, through the clerks. I'd like to recognize, uh, Clerk Greg Allen from Forsyth County, who's here today, and, uh, really appreciate our judiciary and Judicial Council, uh, going through this, uh, since last year on that.

54. 0:21:51

    And this is actually the third judicial security measure that we've had, so appreciate the support on the first two, and request your support on this. The second component of the bill, we have Matthew Totten from the, uh, Real Property Law section of the State Bar of Georgia. He and his colleagues in that section, which by the way, is the, uh, largest section in the state bar, so we got a lot of real estate lawyers out there. They identified an issue with a shortage of special masters under certain real estate special master statutes.

55. 0:22:21

    There's kind of a mixed bag in Georgia law. Some of them say you gotta live in the county, some of them say the circuit. What this does, it says the special master can live in the federal circuit, so that expands that. There are three federal circuits in Georgia, uh, or districts in Georgia, and that expands the, uh, eligible special masters. It's still done under judicial supervision, and so the judge is gonna get to review the qualifications of the special master. The third thing this bill does is right now in foreclosures, um- The, the lender who does the foreclosure, they can do a credit bid where they put a number out, and then the money is transferred internally, not on the courthouse steps.

56. 0:23:02

    And that's how 99% of foreclosure trans- transactions occur. There's not a bidder. Um, but, uh, the actual bidders at the sale, they are required to bring good funds to the courthouse. So you either need to have a brief- briefcase full of cash or, you know, a, an envelope full of cashier's checks on the courthouse steps. And courthouse steps, that may be safe, but getting to and from your car, um, lawyers have been all around to different courthouses, that's just not a good security issue.

57. 0:23:33

    It also presents money laundering issues and other things that, uh, have been identified as, as, uh, risks. So what this does is it allows the bidders at the foreclosure to do a credit bid where they can do, uh, a traditional, uh, transfer of money so they're not having to bring cash or cashier's checks, uh, to the closing. So these are three real estate security and title issues, uh, in this bill that have been carefully vetted through members of the bar and the judiciary, and respectfully request your, uh, support for this good bill.

58. 0:24:08

    Chairman Smith.

59. 0:24:10

    To my mentee, I'm sorry I hadn't asked this question before. So if I show up with United States tender currency, dollar bills, I can't do it under this legislation, or can I still do that?

60. 0:24:25

    You, you can, um, back at the office, but at the courthouse steps you can't obligate the bidder to take it there at the courthouse steps.

61. 0:24:34

    Although I've got a note that's backed by the United States of America's Treasury.

62. 0:24:40

    Not on the courthouse steps.

63. 0:24:44

    Okay.

64. 0:24:49

    Okay. Vice Chair Hong.

65. 0:24:51

    Thank you, Mr. Chair. Um, to follow up with that, so I know you said not at the courthouse steps, but if you... And this is a Shaw tender certified funds, so you, you have to have certified funds. Why would-

66. 0:25:11

    If-

67. 0:25:11

    ... anybody have certified funds and then-

68. 0:25:14

    If you were the-

69. 0:25:15

    ... have-

70. 0:25:15

    If-

71. 0:25:15

    ... cash later, so you're basically saying you can't have cash.

72. 0:25:19

    If you were the winning bidder at the courthouse steps and you say, "I want to pay in cash," uh, you and the, uh, uh, person doing the foreclosure can arrange to have that transferred, um, in, in a way outside the courthouse steps. So, uh, similar to how a closing would go now if they say, "Here's my briefcase full of cash, I want to pay for the property in cash," there would need to be a deposit with all the forms filled out and a transfer in the certified funds.

73. 0:25:53

    There's a paper trail for that at a bank which has security and all that. So you could pay... You could still pay for your foreclosure in cash, but you've got to do it the way you would at a closing, where you're gonna have security and a paper trail, and not just a briefcase full of cash.

74. 0:26:14

    So you can't have cash-

75. 0:26:16

    No

76. 0:26:16

    ... is what you're saying?

77. 0:26:17

    You cannot. You can, you can no longer do cash at the courthouse steps under this bill.

78. 0:26:25

    Okay.

79. 0:26:27

    And, and to, to show the way to do it, if you're the winning bidder at the foreclosure, and you've got the briefcase full of cash, and you want to do it, what you would do is the, um, the lender at the foreclosure and you would arrange for a deposit to be made and for a transfer to be made pursuant to that deposit, and all the forms would be filled out showing, "I want to pay for this $400,000 town home in cash." But, uh, there would be, um, arrangements made so that's a secure transfer of those funds.

80. 0:27:03

    So you could pay for it in cash, you just can't do it with anonymous cash on the courthouse steps. You've got to go fill out the paperwork and have it transferred with certified good funds in the same way you would a real estate closing.

81. 0:27:26

    Representative Momtahan.

82. 0:27:30

    Thank you, Mr. Chairman. Uh, I'm not gonna say the phrase everybody's expecting me to say right now. We're gonna skip right over that. In Pottawattamie County, I know we... I mean, just, this is not recent, this is over 100 years ago at this point, but a lot of old folks, they don't trust the bank. And so I'm trying to think if some of these older folks who... And it's changed, y'all, but I think about the ones who put cash in their, in their beds, buried in glass jars in the backyard.

83. 0:28:09

    So they, under this, they would not be able to purchase that if they didn't want to use money. I mean, I just think of some people in my district who don't even have a bank account.

84. 0:28:19

    Okay.

85. 0:28:19

    They're just totally cash people. So, so they wouldn't be able to, to, to purchase these things. Is that, is that right? I just...

86. 0:28:28

    Uh, no, they, they could, but they and the, uh, the lend- Well, first of all, they've got to be the winning bidder at the foreclosure, and then they and the, the lender would go get that deposit made in a secure way of that money, okay? And have a transfer made pursuant of that. And they would have to say, you know, "Here, here's who I am, here's where I live, here's my Social Security number or taxpayer ID number." And, and have all that above board, just like you would in any other transfer of money.

87. 0:29:07

    But right now, the flip side is the case. A, a lender at a foreclosure, uh, if someone is the winning bidder and a briefcase full of cash is presented, the lender can't inquire. Uh, so you've got, you know, a lot of, uh, unaccounted-for cash, uh, on the courthouse steps that, uh, presents security issues, money laundering. Um, and, and also it's, it's not equivalent.

88. 0:29:37

    The lender who wins the bid, they credit bid. Whereas this, this would allow the borrower, uh, or the bidders at the sale to credit bid and then transfer the money, um, later.

89. 0:29:55

    And also, this was brought by practitioners who do the foreclosures for all of these reasons. Because the, the current system, there have been issues with having the cash, um, on these transactions. It's sort of become a haven for, uh, unaccounted-for cash.

90. 0:30:24

    Any further questions?

91. 0:30:26

    Sorry.

92. 0:30:29

    Let's see. Okay, got one over here. Who's... Representative Evans.

93. 0:30:34

    Thank you, Mr. Chairman. And, and like, um, Chairman Smith, I regret not talking to you about this before-

94. 0:30:39

    Mm-hmm

95. 0:30:39

    ... representative, but foreclosure attorneys ask for which... For who? Are we talking about people that represent banks? Are we talking about people that represent consumers? Are we talking about people that represent both? 'Cause one of the things that I think is just crystallizing for me is that we're potentially cutting out people that don't bank. But then I'm also thinking, and I, and I don't do this, so I don't understand. But logistically, it might be easier for me to have a b- a... I hate to use the word bag of cash, but it might be easier for me to have a bunch of cash with me than it would be for me to have a certified check for an exact amount, amount that I'm gonna need when I'm bidding.

96. 0:31:19

    And we're giving the banks an incredible leg up because they get to use credit. So they can go whatever amount they want. Whereas if I've got a, got, if I've got to have a certified check instead of being able to have cash or pull together people with me, um, that's, it just feels a little bit unfair and I'm a little bit concerned that we are not thinking through this all the way with, um... We're, we're thinking maybe we're getting, we want it to be a little more logistically easy, but we might be really hurting consumers here.

97. 0:31:47

    Okay. Um, McColl Remer, which does a high number of foreclosures in Georgia, that is who pointed this issue out. Uh, the creditors currently can credit bid, so this doesn't change it for them. And credit bid is you put your bid in and then the transfer is done after the transaction is completed. So lenders currently do not have to bring the money there, but their books show the transfer of the money following the sale. The, uh, on the borrower's side, on the other hand, uh, they are required now to have either cash or cashier's checks.

98. 0:32:24

    Not, not certified checks, cashier's checks. So if, if you lose one after you park your car or you're in the elevator or you're walking across the street, if you lose a cashier's check or if $1,000 falls out, it's gone. It's lost, or if you get mugged. However, what this would do is it would let the borrowers do the same thing the lenders can do now, which is credit bid with the money changing hands later. Right now, the borrowers are required to have funds. I think that's something that, uh, there are some people who only like to use cash, and they certainly can deposit the cash and have the transfer.

99. 0:33:02

    But right now they can only do cash or only do cashier's checks, and I think there are probably more people who are excluded from participating in foreclosures through only being able to do that than who would have cred- the ability to do credit bids.

100. 0:33:17

     But it doesn't sound like the consumer, a, a non-bank purchaser could do a credit bid. I mean, they, they-

101. 0:33:24

     They can't right now.

102. 0:33:25

     Right, I know, but it sounded like you were implying that they can now after this. They've gotta have certified funds, which means they've gotta have an exact amount. They've gotta know what the bid's gonna be.

103. 0:33:36

     Well, that's how they... Right now, I mean, if the, if the winning bid is 335,000 and 18 cents, they've gotta have that exact amount now in either cash or a cashier or, uh, yeah, cashier's checks. What this would allow them to do is to say, "Hey, I've been saving money for 10 years under my mattress. Um, I wanna pay you with that." And they'll say, "Listen, we, let's get that deposit and transfer and you've got the highest bid." But it would change hands through the certified funds.

104. 0:34:10

     Just like you would-

105. 0:34:10

     But you'd have to know that before you got there. You'd have to know that before you got to the steps.

106. 0:34:15

     The, the, the bid? Uh, well, the lenders are prohibited by law to publicize the bid before the, the sale. So right now, that would chill the bid under f- Georgia foreclosure law. So-

107. 0:34:27

     No, what I'm saying is you don't bid, you don't bid till you get there, right?

108. 0:34:30

     Correct.

109. 0:34:31

     And so I've gotta know, I've gotta, I've gotta guess right. I've gotta have my certified check. Let- let's say I think, you know, I think the winning bid's gonna be $100,000. I got my $100,000 check. If it's 100,005, I can't pull $5 out of my pocket.

110. 0:34:47

     You bring up a good point. Right now, uh, the way the practitioners say they do it is the borrowers or the, uh, the bidders will bring increments. They'll have like, uh, uh, 20 $20,000 cashier's checks- and very few of them bring cash, uh, but some of them do. But usually they'll have cashier's checks. They'll have them in increments, so they'll show the, uh, the person doing the foreclosure-

111. 0:35:13

     Mm-hmm

112. 0:35:13

     ... "Here's my good funds," and they'll, they'll have to get change back there. I mean, it's, it's a mess, right? N- n- no other state does it that way. This would allow the sale to occur and for the, the winning bidder and the foreclosure, uh, at, uh, person doing the foreclosure, I, I say person 'cause i- it's not required to be a lawyer right now.

113. 0:35:35

     Mm-hmm.

114. 0:35:35

     And they would, uh, be able to, uh, arrange for the money to be transferred in certified funds. It doesn't have to happen on the courthouse steps.

115. 0:35:44

     Okay.

116. 0:35:46

     So you have, um, all the documentation that you would at a traditional real estate closing.

117. 0:35:52

     Remind me why it is we don't wanna do cash anymore.

118. 0:35:56

     Um, safety. Safety is the biggest one.

119. 0:35:59

     Safety for who?

120. 0:36:00

     For the, uh, both the, uh, the people who are bidding and the people who are accepting the money. So you got two parties.

121. 0:36:07

     Okay.

122. 0:36:07

     Um, and then number two, money laundering. Um, you know, you have, uh, the, these issues with large amounts of, you know, unaccounted for money without a paper trail. Um, the, the custom of, um, you know, the, uh, the lender being able to credit bid, this gives the borrower and the bidders the ability to credit bid, so it levels the transaction, um, playing field. And then also, um, fear of money getting lost.

123. 0:36:41

     You know, if you're bringing those 20 cashier's checks or large amounts of money, if it's lost, it's lost. Whereas if it's secure, no money's gonna get lost through a criminal act or, you know, somebody dropping a cashier's check.

124. 0:36:56

     Last question. Is that happening?

125. 0:36:59

     Um, I would, I would defer to the, the folks out in the market, but, um, these are the issues they have asked for this to be, uh, updated for security and other reasons.

126. 0:37:16

     Uh, Representative Kelly.

127. 0:37:17

     Thank you, Mr- thank you, Mr. Chairman. Chairman Reeves, I, I think I understand the security aspect. I think it's a unsecured transaction for the people who take the, take the funds on behalf of the lender, especially if it's cash, and I, I understand the liability of what it would be like to carry around $300,000 cash. I've never got to do it, but I understand it. Um, and I also understand the, the risk that could pose to someone wanting to bring $300,000 to a, to a, to a sale.

128. 0:37:54

     And I, I, I don't think we can address the problem of the unbanked person. That's... I don't think we can solve that in this, this bill. If somebody wants to be unbanked, I understand that that may create a problem about a, a foreclosure. But if you're someone who, like 99.99% of Americans who do bank, uh, or use a credit union, um, what does it look like to say that you have funds certified by?

129. 0:38:24

     If I have, you know, X amount of money in my account that's liquid, I'm assuming that means me just coming with some kind of statement from my financial institution that they're going to honor my bid up to. Is that what that looks like? Like, that's what I'm trying to understand. If I'm not bringing funds to the transaction, and we're gonna close it in a separate manner, what does that look like, and how does-

130. 0:38:51

     Sure

131. 0:38:51

     ... that prevent Trey Kelley from bidding on a house when he needed, when he needs Martin Momtahan money to buy it?

132. 0:39:00

     All right. Uh, right now, right now a cashier's check is required, which is a cashier equivalent.

133. 0:39:05

     I get that. That means you have the money in the bank.

134. 0:39:07

     So, so certified funds means that, uh, you ha- it's more like a check. You have shown your bank, uh, sufficient cash or credit in order for them to give a certified check to complete a transaction. So I believe more people would be able to get certified funds than a cashier's check or a briefcase full of cash.

135. 0:39:31

     So does the bank send me with what looks like a cashier's check, it's just not called a cashier's check, and it's, says X amount on it, and then I can bid all the way up to that amount, and the bidder will take that as long as you-

136. 0:39:44

     No. Uh, no. What this, what this bill does is it allows you, the winning bidder, and the person conducting the foreclosure to confirm the funds. You can say, um, "W- I will get you the cashier's check in that amount. Um, h- you know, I have those funds." And they can complete it, you know, back at the office or, um, uh, you know, at the, uh, the lawyer's office, uh, or the bank's office.

137. 0:40:15

     It, it's more of a conventional transaction.

138. 0:40:17

     Would it not make less to close? That, that's what I'm kinda trying to figure out in my mind, is I thought one reason why we wanted to show up with cash or a certified check to a foreclosure auction was to make sure that the lender got rid of the property in a fairly secure and quick manner without having to question whether I actually had the funds to back up my purchase.

139. 0:40:42

     Well, if that was the intent, that is not working because 99% or more of the current foreclosures, the lender gets the property back, and there's not a bidder. The credit bid is what wins. So this, this arguably would give more of an ability to bid with funds at a bank or with credit than you do right now. I mean, it is a burden for somebody to have to take cash to the courthouse steps.

140. 0:41:11

     Okay. I'm gonna s- still think through, through that piece of it, 'cause it just fundamentally shifts, I think, you know, how we're doing foreclosures in my mind. And, um, but you mentioned that starting on line 29, that lenders currently have the ability to submit credit bids. That's what they're doing today?

141. 0:41:34

     Correct.

142. 0:41:35

     And how are they... How do they have the authority to do that today? 'Cause lines 29 through 33 are all new language, and so if they have the ability to credit bid today, why do we have to put it in here again?

143. 0:41:52

     Well, through, um, all the foreclosure litigation that we've had over the years, either common law or by statute, lenders currently are authorized to credit bid.

144. 0:42:03

     So this is-

145. 0:42:03

     Or the do- or the documents.

146. 0:42:05

     Okay. So this-

147. 0:42:05

     Yeah

148. 0:42:05

     ... is codifying either contractual-

149. 0:42:07

     Correct

150. 0:42:07

     ... or, or-

151. 0:42:08

     Or the custom.

152. 0:42:09

     Or, okay.

153. 0:42:10

     The industry, industry custom in Georgia. But there's, there's extensive... There are reported cases that recognize the lender's ability to credit bid at foreclosures in Georgia. This puts this-

154. 0:42:22

     Codifying judicial opinion and, and, and language of the instrument of which secures the property.

155. 0:42:28

     That's right.

156. 0:42:29

     That's all I needed to know. Thank you.

157. 0:42:31

     And this, this gives the borrower and bidders the same opportunity to credit bid.

158. 0:42:39

     Okay. Any other que-

159. 0:42:42

     Oops. Any other questions?

160. 0:42:48

     Did you just say... I apologize. Did you just say borrowers will now be able to credit bid?

161. 0:42:53

     Yes.

162. 0:42:54

     Where's that?

163. 0:42:55

     This, this, uh, method of, uh, credit bidding will go to everybody under this language.

164. 0:43:07

     Well, it says, let me...

165. 0:43:12

     The holder of the security instrument or its designated representative. It doesn't say any, the borrower, unless I'm just missing the word somewhere.

166. 0:43:20

     Well, the bidder, the winning bidder. The winning bidder can also present the funds through a, uh, credit bid.

167. 0:43:30

     Point me to that language.

168. 0:43:47

     Are you saying it's an existing code?

169. 0:43:50

     No.

170. 0:43:50

     Oh.

171. 0:43:50

     They definitely cannot do it now.

172. 0:43:52

     Okay.

173. 0:43:52

     And the creditor definitely can do it now. Uh, purchasers at judicial sales shall tender certified funds issued by or certified by any financial institution insured by the FDIC, uh, or the, uh, Federal Savings Loan in an amount no n- no less than the amount of the purchase price, provided however, in the other language there. That, that language going in code, that allows the winning bidder to work with the creditor to present the funds in a way that's more like a real estate closing, which frequently has, um, credit bids and, and the money being presented at the transaction.

174. 0:44:32

     I don't, I don't, I don't read it. I... Where's the language that says that? It just doesn't seem to say that.

175. 0:44:38

     Well, it's the certified funds language.

176. 0:44:43

     Certified funds issued by a financial, financial institution.

177. 0:44:50

     The purchaser at the judicial sale can bring the certified funds or shall tender certified funds from a financial institution in the amount of the purchase price.

178. 0:45:01

     I, uh, just thinking about how I've never been a judge like, like our esteemed chairman here, um, and others. But we're using certified funds up at the top to describe how a purchaser, a consumer purchaser might use credit bidding, and then we're using the word credit bid for the bank. I, I don't think a judge is gonna read those two-

179. 0:45:24

     All right

180. 0:45:24

     ... those phrases the same.

181. 0:45:26

     And I, I think we've entered some questions that, uh, we've got some representatives who were prepared to testify about it on.

182. 0:45:32

     Okay. But if we-

183. 0:45:33

     If I can-

184. 0:45:33

     I mean, just for our purposes of our committee, if we mean that we want multiple people to be able to credit bid other than just the bank, we need to use the same language for the, for those people too.

185. 0:45:43

     By credit bid-

186. 0:45:44

     Yes

187. 0:45:44

     ... it is transfers of money in, in, with a paper trail with a financial institution.

188. 0:45:53

     Okay.

189. 0:45:54

     I mean, if you guys-

190. 0:45:54

     Your, your, uh, your phone-a-friend can come on up, but I-

191. 0:45:57

     All right

192. 0:45:57

     ... I'm, uh... Vice Chair Hong, you, you had a question?

193. 0:46:03

     Um, I will reserve if we... I didn't realize-

194. 0:46:06

     Okay

195. 0:46:06

     ... that we had testimony.

196. 0:46:07

     All right. Uh, just if you would introduce yourself and-

197. 0:46:12

     Good afternoon. My name is Nick Rohleder. I'm a, uh, senior partner at McCulloch Ramer Lieber Pierce, and we, uh, practice foreclosures and real estate, um, closings, litigation, general practice. Um, so, uh, my firm had, uh, recommended some of the language in the bill, so I thought it might take a minute to clarify some ambiguities. Um, so first off, uh, Representative Reeves, I, I think where some of the language is getting kind of all jumbled together is transfer certified fund credit bid.

198. 0:46:45

     So the intent was not to allow necessarily credit bidding by anyone other than the foreclosing lender, because what that term represents is credit for the total amount of the indebtedness. So to Representative Evans' point earlier, you could not bid over the indebtedness. Banks can't just go bid whatever amount they desire. Um, so instead, what this amendment would allow is for a wire transfer and presumably in advance of the foreclosure.

199. 0:47:25

     And what is going on now in, um, Georgia and many other states as online practices are becoming, you know, more widespread, uh, what some of these auction companies are doing is they are allowing bidders to register in advance and transfer money in advance into an escrow account. And so thus, those become certified funds. So using the analogy of, of the certified checks in certain increments, you might transfer two hundred thousand in advance, and you could bid up to that amount.

200. 0:47:59

     Uh, so this would open up the possibility of more people being able to bid because now you're not reliant solely on just walking up with a briefcase full of cash or cashier's checks. Um, and trying to think of... So I, I, I hope that clarifies the idea of credit bidding, who can bid when, where. Um, go ahead.

201. 0:48:31

     Mr. Chairman, question for Mr. Oliver.

202. 0:48:32

     You want to respond later.

203. 0:48:33

     Uh, what does certified funds issued by financial institutions mean, and why is that different than what's done today? What are you obligated to do today under the law, and why did you ask for the certified funds for a financial institution language?

204. 0:48:47

     Sure. That broadens the, uh, possibilities, uh, because previously or currently the statute spells out cashier's check or certified check. So this way we're covering those options as well as money order, wire transfer done in advance. It, it allows for anything under that broader definition.

205. 0:49:08

     If I may have a follow-up. The situation where somebody has cash that they wanna use to purchase, uh, a property, how is that handled today, and how would that be different under the language you've requested?

206. 0:49:21

     Sure. So today the bidder has to show up with the cash in advance. Uh, they must then at the close of the auction count all of that money. So if we're talking five, six figures, you've gotta count all of it. There's no way to check for counterfeiting, anything of that nature. So under this proposed amendment, cash would need to be deposited in an institution prior. Um, I, I recognize, you know, the concerns regarding closing off access.

207. 0:49:55

     Uh, one option could be imposing some sort of, uh, monetary ceiling. So for example, under Georgia's Good Funds law that exists currently, uh, there's a five thousand dollar limit. So you might say something like that where we're striking a balance between security, all these other concerns, and also, you know, practicality, assuming that we're not going to have many cash transactions over a certain amount.

208. 0:50:22

     Well, I thought this was gonna be a short one.

209. 0:50:27

     All right. Uh, Representative Kelley.

210. 0:50:29

     Thank you, Mr. Chairman.

211. 0:50:35

     I understand having certified funds to where I could come to an auction and say, "This is what my bank has just said I have in my account. Let me bid up to this amount." I think that's fair. What I don't know is fair is that I have to wire money from my account to sit in an escrow for a period of time that is inaccessible to me, maybe for even an extended period of time, should I not be the winning bidder.

212. 0:51:07

     I think that disproportionately impacts a non-sophisticated purchaser versus maybe a sophisticated, maybe institutional or even corporate purchaser of foreclosures. And that gives me serious pause because the average person, if they do show up with a hundred thousand dollars in cash or a cashier's check and the sale doesn't close, they've still got those funds sitting immediately available for them to use.

213. 0:51:42

     That may be every dollar they have in their account that, that day, but they're willing to do it on if they're able to buy a house. But what I don't like is the fact that I may have to wire that money a day in advance, two days in advance, whatever the, the bidder's asking for, and then the bidder may not even be able to give that money back to me, make it available in my account for two, three, four, five days should I be unsuccessful in my purchase. And I think that favors those individuals who I believe will largely be institutional or corporate versus those who are just the, the, the, the, the, the local real estate investor who may like to buy a house here and there or just a, a, a married couple trying to start to buy their first home at a deal.

214. 0:52:36

     That gives me pause. Um, and correct me if my, if, if my characterization is incorrect.

215. 0:52:44

     Uh, no, I, I would say it's absolutely correct, but it also represents the current state of the law. Uh, so the requirement to tender cash, cashier's check, or certified check is going to require withdrawal from an account for that money. You, you can have it and, you know, immediately redeposit. Um, with the wire, the idea would be you, you could wire it right back. But, um, the, the notion-

216. 0:53:13

     How often does that happen?

217. 0:53:15

     Of, of wire money?

218. 0:53:17

     Yeah.

219. 0:53:17

     So I can't, I can't speak to that because these are-

220. 0:53:20

     How long do people hold that money in escrow for?

221. 0:53:22

     So that is-- That would be a, a component handled by the auctioneer, who very frequently is not going to be the foreclosure attorney

222. 0:53:34

     personally or whomever. So I, I can't necessarily speak to, to how that is, but that is the current state of things. It is an option Like sometimes when I go to get gas at a, at a gas station and I run my debit card, it'll put a $100 hold on my account that may not come off for a couple days. That's fine for $100 for most people, certainly for me. But I, I, I do share a concern as to how long... And I, I know it's not the, the foreclosing attorney's, you know, situation, it's the auctioneer's. That's what gives me pause, is how long would they be able to hold those funds in escrow before they send them back to me?

223. 0:54:13

     Sure. And that's something I think we may need to just tighten up here. Yeah, and, uh, I mean, it's a, it's a great point, um, but that's where I think the existing law is, let's say you're willing to bid $50,000, you could do that by wire or you can go take out the funds as certified check and you could do that under the proposed amendment. It's, it's not really altering the current state of things. I, I think going back to your- No, actually it does because you're striking my ability to tender cash.

224. 0:54:43

     I, I agree with you if you don't strike on line 23 and 24. I think you're absolutely right. If it says purchasers at a judicial sale ne- and you allow it to say need not tender cash but as an alternative may, shall tender a cashier's or certified check which is drawn for. I think if you allow all that along with certified funds or certified, I think that, that certainly gets it but it doesn't address the security issue. But I think it absolutely changes my ability just to, to pull 100 grand out of my checking account, come down there, sit for an auction for 30 minutes and if I don't win the bid, putting that $100,000 back in my, my financial institution and having it available to go pay for my dinner that night.

225. 0:55:28

     I do think it changes that. It forces me to put money in escrow according to what you just said. Only if you wanted to pursue that option. So certified funds meaning immediately readily available as you're describing. And cash, technically strictly speaking does qualify as certified funds. So this is encompassing it all. It's just I guess in a, a sense not advertising cash. You know, it, it's making it clear that these are the broader alternatives out there.

226. 0:56:00

     Um, certified funds includes, uh, a, a wire in hand in escrow as one of several options also including cashier's check, certified check.

227. 0:56:11

     Okay.

228. 0:56:14

     Vice Chair Hong. Thank you Chairman. Did I hear you right when you said, um, by changing the language that's proposed in this bill, there... It, it does allow for auction companies from other places other than Georgia. It just opens it up for more people to bid on property. Is that, is that correct? Well, I, I, I think the idea is cash or certified check, you know, just having that ability is, is difficult in general obviously as a financial means but also practically speaking.

229. 0:56:50

     So a- a- and another element is being able to physically be present at a, a, you know, a given sale. Um, I know sometimes what we will see is, you know, an individual who may be interested in two or three properties but if they're in different counties it's not as though they can necessarily attend all of the sales. So what some of these, uh, auction companies have tried to set up is a system whereby you can tender money in advance and then have basically online bidding but with a representative there so it's taking place simultaneously and they have those funds in hand.

230. 0:57:29

     That way that same person could bid on all three properties if they were interested. And currently... So currently if I come in with cash, the process is I don't have to put it in your escrow beforehand, correct? Correct. And this language is gonna take that out. Got it. So e- essentially I have to put the money that I was going to bring, the cash that I was going to bring to the auction, I have to first put it into an account.

231. 0:58:01

     If I don't have an account I have to open up an account, I have to put my cash in there and then I have to send it to your escrow before I attend the auction- Yeah ... in order for me to participate in the auction. So that would be however that given auction company sets up their rules in presuming- Oh, I, I'm sorry. I meant like to bid on a, at a foreclosure sale. So, uh, you would simply have to have that cash in a bank account that qualifies under the FDIC or the Federal Savings and Loan Corporation and withdraw it as certified funds, as cashier's check as opposed to a personal check.

232. 0:58:36

     And go through all that process in order for me to show up on Tuesday and say I want to bid on, on that property. Yeah. That- Right ... that's what the vast majority do already. It, you know- Right ... to be clear this is something where it, the concern is for, you know, a given number of cash transactions that are safety risks, money laundering risks. Uh, the Financial Crimes Enforcement Network has a, a new rule that's, uh, going to affect the entire real estate practice launching next month about money laundering and it's, it's this sort of concern of preventing transactions that are otherwise difficult to trace.

233. 0:59:12

     Um, it, I, I would suggest that if... I, I think the, uh, the, the biggest concern here is, you know, limiting this notion of being able to tender cash at all and maybe striking that balance going back to this notion of, uh, having some sort of monetary limit where that way, you know, if somebody who is bidding a, a thousand dollars on-

234. 0:59:35

     Some small parcel, small tax sale or what have you, cash might make sense. Whereas you, you don't want to deal with this risk of someone carrying a briefcase of six figures of cash. And that's-

235. 0:59:45

     Well-

236. 0:59:45

     ... also less likely to happen unless we're dealing with one of these risky scenarios, money laundering, security, what have you.

237. 0:59:51

     And I understand it's a very, very limited, uh, instance where somebody's bringing a, a, a bag full of cash. Um, but I've, I've had clients who continuously buy, uh, foreclosure properties by cash. That's just how they do their business. And I, I don't think we should be limiting anybody from going into a financial transaction when they have cash. Um, it's still money, whether it's cash, whether it's certifi-...

238. 1:00:25

     And that's the part that I'm uncomfortable with. So with that, I'm, I'm gonna turn to Representative Reeves. If I can ask you, um, obviously this has nothing to do with the rest of the bill, if you would be, um... I, I think s- we've raised some issues, if you would be, um, open to possibly amending to take section one and two out and for us to have further discussion, if that would be a friendly amendment to you.

239. 1:00:55

     If there's, if there's any way to recess this, allow the other bills to go, and for me to talk to them, I think that, that might be a good way to, to do that, uh, to, uh, recess this, this bill and see- Do I hear a motion to table? Or, or table to later this meeting. Later this meeting? Uh- Uh, we, I've got a hard break because, uh, Chairman Smith- Moved to 4:30. You moved to 4:30? Okay. We'll have a little more time.

240. 1:01:28

     I'll do whatever y'all want. It... But I think, um-

241. 1:01:31

     Table you.

242. 1:01:32

     ... table is, table is the proper motion, I think.

243. 1:01:34

     Can I cut it out? I'm not ready.

244. 1:01:36

     Hmm.

245. 1:01:44

     Mr., um, Chairman.

246. 1:01:45

     Oh.

247. 1:01:45

     So again, I, I think, I think that we're having issues with line 16 through 33, where, um, you know, I would... I'll just speak for myself. Um, I'm having reservations about 16 through 33. I, I'm okay with the rest of the bill. And so that's why I asked Representative Reeves if there is a, a move to pass, if you would be, um... if it would be a friendly amendment for, for me to suggest taking out section one and two.

248. 1:02:20

     What I'd prefer is to be able to confer with them and see if we can get some language, uh, amended, uh, later today during this hearing. I think we got a couple other bills. I think they can respond to some of the questions that have been brought up. And one thing that hadn't been brought out, I mean, no one's bringing cash to these foreclosures. So, um, uh, you know-

249. 1:02:42

     I think so

250. 1:02:43

     ... well, they, they buy it from the lender after the sale. I mean, the lenders get it back 99% of the time. But, um, in any event, um, I, I, instead of sending the bill without this on, I'd prefer to be able to work, work with them to see if we can get some language that might satisfy some-

251. 1:03:00

     I-

252. 1:03:00

     ... of the concerns that have been-

253. 1:03:00

     I, I think we could do that quickly if, procedurally it's possible.

254. 1:03:04

     Um, all right. Then, uh, we're gonna have a meeting on Monday, so I'll call it up on the Monday calendar, give y'all a chance to work on it, all right? Yeah. All right.

255. 1:03:16

     Yes, sir.

256. 1:03:17

     Thank you, Mr. Chairman. Uh, I, I, I do wanna posit before you leave and y'all-

257. 1:03:22

     Mm-hmm

258. 1:03:22

     ... make these changes, um, you know, I think there's the middleman aspect that maybe the, my colleagues are talking about. I, I do want us to, if, if we're gonna make changes, to at least consider the, you know, cryptocurrencies here. I, I think there are quite a few people who, you know, uh, I used a, you know, example from 100 years ago about people putting in glass jars-

259. 1:03:54

     Mm-hmm

260. 1:03:54

     ... and, uh, in their mattress, but I don't know if, if, if you're after certifiable funds in a way that maybe people are,

261. 1:04:06

     funds that, or rather money that people are using, uh, keeping money in a way that's outside of a financial ins- institution today, that they, that they feel themselves that is safe, inherently safe, um, having a coin wallet or something to that effect. It may be worth considering, and I hope that these members will, um, consider thinking about cryptocurrency as part of that transaction. Um, 'cause I know that a lot of folks now, especially, I'm, I'm 36 years old, a lot of my friends have a lot of money in crypto.

262. 1:04:45

     Mm-hmm.

263. 1:04:46

     And they like to trade that for cash from time to time. Maybe that's something that we need to contemplate here as we make law for the next 50 years.

264. 1:04:55

     Sure. Yeah, and I would just conclude by saying, like, broadly, I think the idea here is to open up more access to more people to bid, because that benefits everybody. Obviously purchasers, individuals, hopefully. You know, y- this notion of, uh, institutional, uh, investors having advantages in the current system, if you broaden the abilities to buy, then that goes away, while balancing the safety risk. It's, it's really, you know, the, frankly, the criminal aspect that we're wanting to keep out, and the, the just inherent danger of large amounts of cash.

265. 1:05:33

     Thank you. Thank you, Mr. Chairman. Mr. Roller, one follow-up question. Um, lenders who get property at foreclosures sell, there's a vibrant market for that, right?

266. 1:05:44

     Yes.

267. 1:05:44

     What, in your experience from doing foreclosures in Georgia- What percentage of the foreclosures end up in the creditor getting the property back rather than a bid occurring where the cash or cashier's checks result in a bidder buying it rather than the lender getting it back?

268. 1:06:01

     Sure. It, it, it varies historically. Um, I would say about, uh, 60 to 75% go back to the foreclosing entity.

269. 1:06:12

     Okay.

270. 1:06:15

     Chairman Smith.

271. 1:06:15

     I mean, although I appreciate this discussion about the percentage, I mean, 20 years ago, these things made by Stanley were basically just what your granddaddy still used. I mean, they have made a comeback. So I, I... Just for case in point-

272. 1:06:31

     Mm-hmm

273. 1:06:32

     ... just because it's not being used now doesn't mean that it won't come back around and people will again potentially predominantly use cash at these sales.

274. 1:06:46

     I hope they come well-armed. All right.

275. 1:06:49

     Smith and Williams.

276. 1:06:51

     Let's see. Um,

277. 1:06:59

     all right.

278. 1:07:03

     Okay.

279. 1:07:04

     All right. Chairman Camp, are you ready?

280. 1:07:07

     Front point.

281. 1:07:08

     Have a good friend.

282. 1:07:09

     Yes.

283. 1:07:12

     Okay.

284. 1:07:12

     Yeah.

285. 1:07:13

     It's good.

286. 1:07:14

     It's good.

287. 1:07:15

     It's good.

288. 1:07:21

     It's good.

289. 1:07:21

     The mic on your right is active.

290. 1:07:28

     I gotcha.

291. 1:07:32

     Okay.

292. 1:07:33

     Good afternoon. Thank you for having me here today. I, um, I'm here to talk about the opposite side of this scenario, which is what brought those properties to foreclosure to start with. Now, um, my bill, which is LC620306S, actually does deal with what happens to the borrowers. Um, I've been a real estate broker for the past, well, six years, seven years, and I was a real estate agent from 2006. And being in the real estate world in 2006 forward from that point was very great education.

293. 1:08:07

     Um, there were many times I actually helped individuals who were being foreclosed on by various lending institutions, and I would go out and do something called Cash for Keys, which basically would give them some seed money if they left the house clean and broom swept, and it was heartbreaking. Most of these people were upside down during the Great Recession because, um, they had just... Their homes were just not valued as highly as they once were. But times have changed, and now, instead of there being a deficit when a property is foreclosed on, typically there, there actually is funds.

294. 1:08:43

     Now, I say all that because sometimes there's not, and I had an individual in my district come to me. This is not a bill that I worked with attorneys on to start with. Um, I didn't work with any eight associations to start with on this bill. But this woman, unfortunately, was foreclosed, and she, she did have excess funds based on the information she provided me, and she does know n- now how to access those excess funds. But she, for whatever reason, did not at the time.

295. 1:09:15

     This bill is a disclosure bill, and I understand when a person is foreclosed, they have a packet of information that goes out, and that's why, um, if you look on lines 22 and 23, the notice shall also contain the following language in bold font. Um, it goes on in line 24, "Surplus funds may be considered abandoned property and may be escheated at the state if you've not... do not claim your funds, um, due to you within a time prescribed," um, which is currently five years, but is subject, um, to change and should be revised in the future, um, code sections listed.

296. 1:09:52

     I, I think this is important because in the event someone does have excess funds, uh, they, the lending institutions, and this is not a jab at them by any means, they typically do a very good job letting people know. But during that time, there's a lot of things happening. I just want it to be on bold print and everyone aware. Now, I say I didn't work with anyone to start with, but I've worked with a lot of people since I put this bill in. Um, I'm very fortunate, um, Mr. Rowlater has worked on this.

297. 1:10:23

     Georgia Banking Association has worked on this. Um, Georgia Association of Realtors was kind enough to help me with this as well. Um, this has been an effort to make sure that everyone's interest has been addressed, but most importantly to me, that the person who is probably at the worst point in their life has some idea what to do in case there are funds that are due to them once this process is completed. And I'm open for any que- any questions.

298. 1:10:50

     All right. Any questions?

299. 1:10:57

     Okay. Vice Chair.

300. 1:10:59

     I guess one question would be excess funds mean that is, that is funds that are above the debt amount that is placed at the foreclosure, right?

301. 1:11:09

     That, that is correct. That would be... That would mean that the property sold, um, when it was foreclosed. It, they owed $100,000 hypothetically. It, the property sold for $120,000. Of course, there are fees associated with the foreclosure. Um, that's just part of legal fees and so forth. But any monies that are still available should be going back to that borrower, so, um, they did not completely lose their investment.

302. 1:11:40

     S- and if I may follow up, Mr. Chairman. So if there's not a bidder, uh, and the lender gets the property back-

303. 1:11:48

     There are no excess funds

304. 1:11:49

     ... there are no excess funds.

305. 1:11:50

     No.

306. 1:11:50

     So having a more vibrant market where you have more bidders who are able to, uh, have a bid that exceeds the debt amount, that benefits the borrowers.

307. 1:12:02

     It, it does, and it also satisfies the debt, um, which the, the lender would be going after obviously. But, I, I mean, real estate kind of is a up and down market. No one ever saw that 2007 through 2012 what happened in the real estate industry. This is just in response to what's happened 2019 to now.

308. 1:12:24

     If no one bids at a foreclosure and the bank has to put the property on their books, is that something that, uh, can lead to the banks, um, having regulatory problems, um-

309. 1:12:37

     I don't believe so. We could get Mr. Regulator up here if he'd like to come.

310. 1:12:40

     But wouldn't they prefer to have cash rather than have to put real estate on their books?

311. 1:12:44

     I can't speak for a mortgage lender, as I am not a mortgage lender.

312. 1:12:47

     Okay. Understood. Do you want to phone a friend?

313. 1:12:52

     Yep, sure.

314. 1:12:53

     You bring him up, whoever it is.

315. 1:12:56

     Mr. Regulator.

316. 1:13:03

     You just swing that mic over to you.

317. 1:13:08

     All right. Long time no see. Um, so the, the question was, would, uh, lenders prefer for it to not sell back to them essentially?

318. 1:13:18

     To get cash rather than to have to take the property back and have the real estate on their books.

319. 1:13:22

     Correct, yes. Because, uh, then, then they have to go through the process of marketing it, managing it, and that's not the goal. The goal is just to get it off the books.

320. 1:13:35

     Thank you.

321. 1:13:37

     All right. Any questions by the committee?

322. 1:13:42

     Seeing none, do I hear a motion?

323. 1:13:45

     Move to pass.

324. 1:13:45

     Second.

325. 1:13:46

     I hear a motion and a second. Any further discussion? All those in favor say aye.

326. 1:13:52

     Aye.

327. 1:13:53

     Like sign. Those opposed. All right, your bill passes.

328. 1:13:56

     Thank

329. 1:14:01

     you.

330. 1:14:06

     Thank you.

331. 1:14:06

     Thank you.

332. 1:14:06

     All right, uh, Chairman Bonner, come up.

333. 1:14:42

     Go ahead.

334. 1:14:43

     Good, good afternoon, uh, Mr. Chairman, members of the committee. I'm, uh, presenting House Bill 979, that's LC48-1653. Um, and just by way of, of set up for the bill, as a, um, some of the groups that I work with includes the Department of Defense, uh, the Office of Military Community and Family Policy. And what that office does is to, uh, look across the, the states and to see, uh, what, uh, what laws may need to be implemented or, or in some cases, uh, redacted, uh, to help, um, address the needs of our military installations, those families, and the communities that surround them.

335. 1:15:23

     And so one of the top priorities, uh, out of the Department of Defense, um, is to ensure that, uh, the juveniles that, um, uh, commit offenses on military installations are adjudicated in a juvenile system r- rather than the federal system, which does not allow for that. And so what, uh, House Bill 979 does is put into, put a process in place for our federal military installations to have con- well, to establish a process of concurrent jurisdiction for the pu- purpose of adjudicating juvenile offenses on our military installations.

336. 1:16:01

     Essentially, the federal government would cede that jurisdiction to the state, um, upon request, and then the state does not have an obligation to accept it, but certainly could. And the benefit of this, again, is to adjudicate juveniles within a juvenile system, and which would allow them access to all of those, uh, rehabilitation and other things that would not put them in a federal system which is geared for adults. And I do have, uh, Ms. Caitlin Little here with the Department of Veterans' Services that may be able to answer any questions that I can't.

337. 1:16:35

     But also in, I believe in your folder, is a, a letter that spells this out fairly well from Ms., uh, Samantha Sliney, who's with that Office of Family Policy with the Pentagon.

338. 1:16:49

     Okay. Would you like to say anything, ma'am?

339. 1:16:52

     Um, we're unfortunate that, um, Commissioner Ross wasn't able to join us this afternoon. Um, but we do have the agency's full support, and if there are any questions, I'd be happy to answer them.

340. 1:17:05

     Okay.

341. 1:17:07

     The, the, and as it, as it mentions in the letter, I don't know if you, you probably didn't get a chance to read it, but, uh, currently there's 26 states that have this in place, um, with, uh, Georgia, Florida, uh, and Tennessee kind of pending this legislation. So all certainly, you know, states that have military installations in those.

342. 1:17:43

     Representative Kelley.

343. 1:17:45

     Mr. Chairman, I was just gonna say, I think any time we can get the federal government to give us some power back, we ought to take it, and I'd like to make a motion to pass.

344. 1:17:53

     Second.

345. 1:17:53

     Okay, I got a motion and a second. Any further discussion? All those in favor say aye.

346. 1:17:59

     Aye.

347. 1:18:00

     Any opposed? All right. Thank you.

348. 1:18:02

     All right. Thank you, Mr. Chairman, members of the committee.

349. 1:18:06

     Okay

350. 1:18:09

     Do you like that?

351. 1:18:13

     I like the rhythm to the pace of it.

352. 1:18:17

     .

353. 1:18:17

     It's great.

354. 1:18:17

     All right. Representative Jones, you wanna come up?

355. 1:18:41

     Yes.

356. 1:18:41

     All right. Ms. Jones, we're dealing with, uh, LC481506. Is that correct?

357. 1:18:47

     Correct.

358. 1:18:48

     All right. If you, uh, are ready, go ahead and tell us about your bill.

359. 1:18:53

     All right. Thank you, Mr. Chairman and members of the committee. Uh, this bill passed this committee last year, but it was recommitted back to this committee because of the time. We ran out of time. Uh, this bill is designed to create uniformity across the courts in Georgia, House Bill 545, in how appeal transcripts are requested and ordered. This bill creates a clear statewide rule that all transcripts shall be prepared and filed with the clerk of court, as you can see on lines 21 and 22, and be ordered directly through the court reporter listed on the notice of appeal, eliminating inconsistent local practices and confusion.

360. 1:19:51

     And I have with me my former friend, Dr. Vincent Terry, who brought this legislation to me.

361. 1:20:00

     Okay.

362. 1:20:00

     Thank you, Mr. Chairman.

363. 1:20:01

     Yes, sir.

364. 1:20:01

     Thank you, Mr.- members of the committee. As Representative Jones said earlier, w- this passed before. It also passed, I think, in 2024 at the- the full House. Um, it's a piece of legislation where when we file appeals, the appellant themselves was unclear on who we order the transcript with. So now this legis- legislation clears it up. In some courts, uh, in Fulton County, for example, they order t- with the judge's staff attorney. In- in Talbot County, they might o- order with the clerk of court. In Whitfield County, something else different there. So now it'll make it consistent for us that we would... All- all of us would o- order our transcripts directly from, uh, the court reporter, and it- it- it eli- eliminates us having those issues where we have to go back before judges, whether we, uh, adhered to the statute on who we ordered our transcript for.

365. 1:20:46

     So it makes this very simple for us. It says we file a motion of, uh, a notice of appeal with the clerk's office, and we order the transcripts from the court reporter.

366. 1:20:54

     Okay. All right. Well, we- we got a question. Representative Kelley.

367. 1:20:59

     Mr. Chairman, I was just saying I remember us passing this bill. Is it the same language?

368. 1:21:03

     Same language.

369. 1:21:04

     Motion to pass, Mr. Chairman.

370. 1:21:06

     All right. All those in favor say aye.

371. 1:21:08

     Aye.

372. 1:21:09

     Aye.

373. 1:21:09

     Any opposed?

374. 1:21:10

     Thank you. Thank you.

375. 1:21:11

     Bill passes.

376. 1:21:12

     Thank you, Mr. Chairman.

377. 1:21:51

     All right. Have you got it?

378. 1:21:52

     Yep.

379. 1:21:52

     All right.

380. 1:21:57

     He loved it. I have some glasses.

381. 1:21:58

     Third judge, number one on the list.

382. 1:22:01

     Oh, this is number one?

383. 1:22:03

     Two months.

384. 1:22:05

     All right, committee. Uh, I have House Bill, uh, 1215, LC492605. Should be in your folder. Uh, this is, uh, adding a judge to the Middle Judicial Circuit.

385. 1:22:22

     Which one's that?

386. 1:22:24

     Second.

387. 1:22:24

     All those in favor say aye.

388. 1:22:27

     Aye.

389. 1:22:27

     Aye.

390. 1:22:27

     Any opposed? All right, it's gone.

391. 1:22:30

     We're done.

392. 1:22:31

     We're done. And that was it. That's all. Thank you.

393. 1:22:35

     Now we got a bill in the rules.

394. 1:23:08

     There's one. Hey.