Advocacy Update 2023 - Legislative Days 36-38
Final Push Toward the Finish Line
This week legislators convened three days and reserved Wednesday as a committee workday. Thursday morning was the last “official” day for measures to come out of standing committees, although nearly anything is possible if key lawmakers deem it necessary.
The Senate Rules Committee set the final debate calendar that will span the last two days of session. The House Rules Committee has already set one debate calendar for Monday, but is certain to add bills throughout both days.
The House and Senate will work late into the evening next Monday and Wednesday as the 2023 Georgia General Assembly nears final adjournment on March 29.
New Legislation of Interest
House Study Committee on Workforce Innovation and Development (HR 567) Rep. Brad Thomas, R-Holly Springs
This resolution creates the House Study Committee on Workforce Innovation and Development. The committee would be composed of seven members of the House of Representatives to be appointed by the Speaker of the House.
Georgia Tax Tribunal (HR 598) Rep. Chuck Martin, R-Alpharetta
This resolution proposed an amendment to the Constitution so as to vest judicial power of the state in the Georgia Tax Tribunal.
Active Measures: Banking and Financial Products
Notices to Beneficiaries (HB 91) Rep. Will Wade, R-Dawsonville
On the agenda for the Senate Floor on Mar-27
Requires personal representatives to send notices to beneficiaries regarding the issuance of letters testamentary or letters of administration. Revises a definition regarding Uniform Transfer on Death Security Registration.
Offense of Money Laundering (HB 219) Rep. Scott Hilton, R-Peachtree Corners
On the agenda for the Senate Floor on Mar-27
Provides for venue for the offense of money laundering; provides for venue for the offense of theft of money held in a financial institution.
Local Government Investment Policy (HB 531) Rep. Carter Barrett, R-Cumming
Heard in the Senate Banking and Financial Institutions Cmte on Mar-21. Assigned to Subcommittee Chaired by Sen. John Kennedy, R-Macon.
Provides for local government investment policies. Authorizes additional investment options for school funds. CBA is working with the author of this bill along with other proponents to tweak pledging language and eliminate negotiable CDs as a permissive investment. Meetings have also been held with the State Treasurer to hear his concerns with the bill.
Commercial Financing Disclosures (SB 90) Sen. Clint Dixon, R-Buford
Passed out of the House with a vote of 163-9 on Mar-20. The Senate agreed with the substitute with a vote of 41-5 on Mar-23.
Provides for commercial financing disclosures and requires certain persons who provide commercial financing transactions to make certain disclosures. The bill was amended in committee to include the language of HB 471 that did not crossover, which provides guidelines and penalties for the unsolicited purchase of real estate.
Active Measures: General Business
Uniform Unsworn Declarations Act (HB 80) Rep. Rob Leverett, R-Elberton
Passed out of the Senate with a vote of 42-2 on Mar-23. House needs to agree with substitute.
Provides that unsworn declarations have the same effect as sworn declarations in certain circumstances, including related to the offense of perjury. An amended version adds specific references to Puerto Rico, the US Virgin Islands, and other US territories.
Property Tax Exemption Population Brackets (HB 138) Rep. Clint Crowe, R-Jackson
Passed out the Senate with a vote of 48-0 on Mar-21
Updates the population bracket and census date for a certain property tax exemption for certain leased property; applies only to property owned by GA Power in Butts Co.
Curing Defective Deeds and Other Instruments (HB 182) Rep. Matt Reeves, R-Duluth
On the agenda for the Senate Floor on Mar-27. If passed, House needs to agree with the substitute.
The bill comes at the recommendation of the United States Eleventh Circuit Court of Appeals in Pingora Loan Servicing, LLC, v. Scarver (In Re: Lindstrom) and relates to the recording of deeds and other real property transactions, and revises the provisions for curing defective deeds and other instruments.
Access to Medical Cannabis Committee (HB 196) Rep. Alan Powell, R-Hartwell
On the agenda for the Senate Floor on Mar-27. If passed, House needs to agree with the substitute.
Provides that the Georgia Access to Medical Cannabis Commission shall be subject to the Administrative Procedure Act and laws governing open meetings and open records.
Property Owners’ Association (HB 220) Rep. Rob Leverett, R-Elberton
On the agenda for the Senate Floor on Mar-27
Provides for means of enforcement of condominium and property owners' association instruments, rules, and regulations; provides for compliance with, and means of enforcement of, covenants and instruments for certain planned subdivisions.
Criminal Interference with Critical Infrastructure (HB 227) Rep. Rob Leverett, R-Elberton
On the agenda for the Senate Floor on Mar-27. If passed, House needs to agree with the substitute.
Provides for the offense of criminal interference with critical infrastructure, defined as a "publicly or privately owned facilities, systems, functions, or assets, whether physical or virtual, providing or distributing services for the benefit of the public, including, but not limited to, energy, fuel, water, agriculture, health care, finance, or communication."
Projects of Regional Significance (HB 408) Rep. Bruce Williamson, R-Monroe
Senate tabled the bill on Mar-21
Changes the sunset provision for the exemption for competitive projects of regional significance.
Income Taxes Paid at the Entity Level (HB 412) Rep. Bruce Williamson, R-Monroe
On the agenda for the Senate Floor on Mar-27
Repeals a limitation on the types of partnerships that may elect to pay income taxes at the entity level.
Lis Pendens (HB 444) Rep. Matt Reeves, R-Duluth
On the agenda for the Senate Floor on Mar-27
Revises when an action may operate as a lis pendens.
IRC Update (HB 454) Rep. Shaw Blackmon, R-Bonaire
On the agenda for the Senate Floor on Mar-27
Sec 1. IRC update. Sec 2. Automatic annual individual income tax rates. Sec 3. Dependent income tax deduction. Sec 4. Standard deduction. Sec 5. Eligible itemizers. Sec 6. Expand definition of 'force majeure' as it relates to large-scale projects. Sec 7. Effective dates.
Georgia Online Automatic Renewal Transparency Act (HB 528) Rep. Houston Gaines, R-Athens
On the agenda for the Senate Floor on Mar-27. If passed, House needs to agree with the substitute.
Provides for regulation of certain acts and practices of businesses that offer paid subscriptions or purchasing agreements online subject to automatic renewal or continuous service. Provides for online cancellation. Provides that certain automatic online renewal offers and online continuous service offers shall be unlawful. Provides that terms shall be clear and conspicuous. Provides that online businesses shall obtain customers' consent prior to authorizing a charge to any debit card, credit card, or consumer's account with a third party.
Apex Doctrine (HB 530) Rep. James Burchett, R-MIllwood
On the agenda for the Senate Floor on Mar-27. If passed, House needs to agree with the substitute
'*See also SB 200*
Provides for protective orders for certain high-ranking officers
Proof of COVID Vaccination (SB 1) Sen. Greg Dolezal, R-Alpharetta
Passed by the House with a vote of 99-69 on Mar-23
Removes the automatic repealer on the prohibition on state and local governments from requiring proof of COVID vaccination for government services.
Establish the Office of Inspector General (SB 59) Sen. Bo Hatchett, R-Clarkesville
Passed by the House with a vote of 171-2 on Mar-20
Establishes the Office of the Inspector General
Sick Leave for Care of Family (SB 61) Sen. Brian Strickland, R-McDonough
Passed by the House with a vote of 172-1 on Mar-20
Repeals the sunset provision relating to the use of sick leave for the care of immediate family members.
Homelessness (SB 62) Sen. Carden Summers, R-Cordele
On the agenda for the House Floor on Mar-27. If passed, Senate needs to agree with the substitute
Prohibits certain local ordinances or policies related to public camping or sleeping. Provides for a performance audit by the state auditor on public spending on homeless programs.
Spam Telephone Solicitations (SB 73) Sen. Blake Tillery, R-Vidalia
Passed the House with a vote of 162-7 on Mar-23. Senate needs to agree with the substitute.
Provides for class action suits and for damages against certain persons for violating provisions related to telephone solicitations; provides for and prohibits certain defenses in such actions.
Legal Services (SB 74) Sen. Blake Tillery, R-Vidalia
Passed the House with a vote of 158-5 on Mar-23. Senate needs to agree with the substitute.
Requires the disclosure of the nature and practices of businesses that provide legal services. Prohibits misrepresentations in advertising. Prohibits false advertising related to legal services. Prohibits persons ineligible to provide legal services from holding themselves out as attorneys. Provides liability for the misrepresentation of the practice of law.
Disposition of Unclaimed Property (SB 103) Sen. Russ Goodman, R-Homerville
Passed the House with a vote of 148-3 on Mar-23. Senate needs to agree with the substitute.
Relates to the disposition of unclaimed property and provides for the handling of certain wills, specifically as it relates to instances when a will or trust instrument is included in a safe-deposit box.
Nonprofit Corporation (SB 148) Sen. John Kennedy, R-Macon
Passed the House with a vote of 163-4 on Mar-21.
Provides for the comprehensive revision of the statute related to nonprofit corporations.
Chiropractic Lien (SB 168) Sen. Rick Williams, R-Milledgeville
On the agenda for the House floor on Mar-27
Adds chiropractors to the entities that can file hospital liens.
ICBA Community Bank Briefing:
Overview of the Bank Term Funding Program
March 27 | 11 a.m. (Eastern)
The Bank Term Funding Program (BTFP) supports American businesses and households by making additional funding available to eligible depository institutions to help assure banks can meet the needs of all their depositors.
Join experts from ICBA and the Federal Reserve for this complimentary March 27 webinar to understand the terms of the program, including:
- Who are the eligible borrowers and collateral.
- The terms of borrowing.
- How to participate.