The Atlanta Lawyer April 2013 | Page 20

LEGISLATIVE UPDATE Legislative Update [email protected] By Gregory M. Taube Nelson Mullins Riley & Scarborough, LLP T he Georgia General Assembly began the current twoyear regular legislative session on January 2, 2013. By the time this article is published in April 2013, the first year of the session will have concluded. Each legislative year lasts only 40 legislative days. As a general rule, only bills that were passed by either the House or the Senate by day 30 of legislative year can be enacted in that year. These bills are described as having "crossed over" from one house to the other, and thus, legislative day 30 is referred to as "Crossover Day." This year, Crossover Day was March 8. This article reports on some of the bills that passed either the House or the Senate by Crossover Day and focuses in particular on bills that should be of interest to local lawyers. These bills include legislation affecting service of process on corporations, premises liability with respect to injuries to trespassers, and amendments to certain uniform state laws, including Article 9 of the Uniform Commercial Code, among others. Readers interested in the status of any of these bills can determine whether the bill ultimately was enacted by searching on the General Assembly's website at http://www. legis.ga.gov/Legislation/en-US/Search.aspx. Senate Bill 113 This bill would amend O.C.G.A. § 9-11-4 as it relates to service of process on foreign and domestic corporations. As amended, the bill would authorize service on a foreign or domestic corporation by delivering a summons and a copy of the complaint "to the president or other officer of the corporation, or a managing agent thereof, provided that when for any reason service cannot be had in such manner, the Secretary of State shall be an agent of such corporation or foreign corporation upon whom any process, notice, or demand may be served. Significantly, the revised statute would define the term "managing agent" as meaning an employee of the corporation or foreign corporation who: • • 20 Has express authority to accept service of process on behalf of such corporation or foreign corporation; Has authority to bind such corporation or foreign corporation; or THE ATLANTA LAWYER April 2013 • Has operational or supervisory authority of a site or facility in this state where such corporation or foreign corporation conducts business. Senate Bill 125 This bill would amend Article 1 of Chapter 3 of Title 51 of the Georgia Code and relates to liability of owners and occupiers of land. If this bill becomes law, landowners and tenants will be provided a measure of protection from liability for injuries suffered by trespassers. The bill provides that "[a] lawful possessor of land owes no duty of care to a trespasser except to refrain from causing a willful or wanton injury." The bill includes an exception applicable to liability for death or serious bodily harm to a child trespasser when the injury is caused by an artificial condition on the land and the following additional circumstances are present: • • • • The place where the artificial condition exists is one upon which the possessor knows or has reason to know that children are likely to trespass; The children because of their youth do not discover the artificial condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it; The utility to the possessor of maintaining the artificial condition and the burden of eliminating the danger were slight as compared with the risk to the children involved; and The possessor failed to exercise reasonable care to eliminate the danger or otherwise protect such children. Senate Bill 185 This bill would amend Article 9 of Title 11 to adopt the 2010 amendments to UCC Article 9. For example, the bill would require an individual debtor's name appearing on a financing statement to match the debtor's Georgia driver's license if the debtor has a Georgia driver's license. In addition to adopting the 2010 amendments, enactment of SB 185 would The Official News Publication of the Atlanta Bar Association