07 LC 35
0627
Senate
Resolution 636
By:
Senators Seabaugh of the 28th and Weber of the 40th
A
RESOLUTION
Creating
the Senate Comprehensive Lien Law Study Committee; to create the Lien Law
Advisory Committee; and for other purposes.
WHEREAS,
current Georgia laws applicable to the process of securing a valid property lien
or removal of a property lien are extensive, complex, and frequently produce
unjust results; and
WHEREAS,
lien laws affect not only many businesses and industries but also many residents
of this state, and the fair application of these provisions is important to many
Georgia citizens; and
WHEREAS,
there has not been in the past decade or longer a formal or comprehensive study
of lien laws in Georgia for the purpose of making consistent and equitable
recommendations for changes to these statutory provisions; and
WHEREAS,
these laws and subsequent consequences therefrom form an essential part of the
foundation for real estate and construction industries in this state;
and
WHEREAS,
many questions and concerns have been raised by these industries related to the
application of liens and mandate a close re-examination of Georgia's lien laws;
and
WHEREAS,
many prominent associations in Georgia have developed quality recommendations
for improvements in Georgia's lien laws; and
WHEREAS,
Georgia's economy generally and the real estate and construction markets
specifically have been negatively impacted by the continued application of
outdated and inequitable lien provisions; and
WHEREAS,
in light of the above it is now time to closely scrutinize and improve Georgia's
lien laws.
NOW,
THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate
Comprehensive Lien Law Study Committee to be composed of five members of the
Senate to be appointed by the President of the Senate. The President of the
Senate shall designate a member of the committee as chairperson of the
committee. The chairperson shall call all meetings of the
committee.
BE
IT FURTHER RESOLVED that the committee shall undertake a study of Georgia's lien
laws generally and the application of these laws to Georgia's businesses and the
citizens of this state to ensure that business interests are properly protected
and that persons involved in the lien process are treated fairly and equitably.
The committee shall make recommendations for changes in legislation and shall
provide copies of proposed legislation to be prepared by the Office of
Legislative Counsel and shall recommend any other action or make such report
which the study committee deems appropriate.
BE
IT FURTHER RESOLVED that there is created a Lien Law Advisory Committee,
consisting of one member from each of the following entities: Construction
Suppliers Association, Georgia Association of Auctioneers, Mortgage Brokers
Association of Georgia, Council for Quality Growth, Home Builders Association of
Georgia, Associated Builders and Contractors Association of Georgia, Georgia
Associated General Contractors, Georgia Utility Contractors Association, Georgia
Engineering Alliance, Georgia Manufactured Housing Association, Atlanta
Apartment Association, Georgia Apartment Association, Georgia Highway
Contractors Association, Building Owners and Managers Association, Georgia Real
Estate Investors Association, Mortgage Bankers Association of Georgia,
Independent Electrical Contractors, Georgia Concrete Association, Georgia
Association of Realtors, and Georgia Trial Lawyers Association. The chairperson
of the Lien Law Advisory Committee shall be selected by the chairperson of the
Senate Comprehensive Lien Law Study Committee. The Lien Law Advisory Committee
shall assist the study committee, as requested, in gathering information,
preparing briefing documents, preparing recommendations, and evaluating proposed
recommendations. The Lien Law Advisory Committee may be divided into
subcommittees at the discretion of the advisory committee
chairperson.
BE
IT FURTHER RESOLVED that the study committee may conduct such meetings at such
times and in such places as it may deem necessary or convenient to enable it to
exercise fully and effectively its powers, perform its duties, and accomplish
the objectives and purposes for this resolution. The legislative members of the
study committee shall receive the allowances authorized for legislative members
of interim committees but shall receive the same for not more than five days
unless additional days are authorized. The funds necessary to carry out the
provisions of this resolution shall come from funds appropriated to the Senate.
No allowance shall be paid for members of the advisory committee. In the event
the study committee makes a report of its findings and recommendations, with
suggestions for proposed legislation, if any, such report shall be made before
December 31, 2007. The study committee shall stand abolished on January 31,
2008.