Advocacy Update 2024 - Legislative Days 39-40
House and Senate members now return home, many to kick off reelection campaigns. Over forty incumbents face challengers in their May 21 Primary Election and will spend the next seven weeks fundraising and campaigning. Relatively few of Georgia’s 236 legislative districts are expected to be competitive in November’s General Election, so in most cases, the Primary Election determines who will hold the seat for the next two-year term.
Governor Brian Kemp will spend the coming weeks reviewing and acting on legislation sent to him by the General Assembly. He has until early May to sign or veto legislation. Measures that failed to reach the Governor is now lost and must be refiled next year for consideration.
The conclusion of session is just a temporary respite from legislative issues. As detailed in the report that follows, the House and Senate have authorized a study committee of interest and your Government Affairs Team will be engaged as these committees are appointed and begin to meet after the Primary Election.
Due to the frenetic nature of the final days of the General Assembly, it is common for dead legislation to find
new life within other active bills. This report represents our best effort to accurately report on relevant legislation.
A comprehensive legislative report is forthcoming, pending action by the Governor.
Study Committee on Credit Card Fees (HR 1135)
Rep. Todd Jones, R—South Forsyth
Authorized by the House with a vote of 164-3 on Mar 28th
The Resolution creates a House Study Committee on Credit Card Fees on State Sales and Excise Tax and their impact on Georgia merchants and consumers. The committee will explore various subjects, including the purpose and allocation of credit card swipe fees, the role of merchants in addressing fraudulent transactions, the volume of fraud liability imposed upon merchants through chargebacks, the impact of swipe fees on low-income consumers, the anti-competitive nature of payment card marketplace, and the ability of merchants to communicate tax amounts based on information already provided as part of the transaction.
The following members will serve on the study:
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Four members of the House of Representatives, including the Chairman of the House Banks and Banking Committee and the Chairman of the Technology and Infrastructure Innovation Committee
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Six nonlegislative members:
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One retail payments expert from a motor fuel or general retailer
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One banking industry expert
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One consumer member or consumer advocate
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One payment-processing expert from a processing company
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One restaurant owner-operator or representative from the restaurant industry, and
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One small business owner or operator or a small business representative
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The committee is expected to meet there or four times during the summer and fall. It must submit its findings to the legislature no later than December 1. The findings may recommend legislation, which could be introduced and considered in the 2025 session.
While CBA stands firm in its position that a solution should be sought at a federal level, the Association will be active in the study committee process.
Commercial Property Assessed Conservation, Energy, and Resiliency (C-PACE) (HB 206)
Rep. Steven Sainz, R—St. Mary’s
Eligible for Enactment by the Governor
C-PACE is a public-private partnership that is intended to enable commercial building owners to invest in their property. Under these programs, a private lender finances energy-saving building upgrades and is repaid via a special assessment added to the property’s tax bill.
For approved qualifying improvements, an authority may enter into an assessment agreement with the owner of the qualifying property to pay the cost of qualifying improvements. Prior to entering into an assessment agreement, the applicant shall provide written consent from any holder of a lien, mortgage, or security deed encumbering the qualifying property. Such written consent shall be signed in the sole and absolute discretion of the holder of a prior lien, mortgage, or security deed encumbering the property. At a minimum, the written consent shall state:
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the holder of such prior lien, mortgage, or security deed has reviewed the final terms of the financing and the assessment agreement
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that the qualifying property may participate in the program, and
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that the assessment lien shall have the same priority status as a lien for ad valorem taxes of the participating government.
Georgia Firearms Industry Nondiscrimination (HB 1018)
Rep. Jason Ridley, R—Chatsworth
Eligible for Enactment by the Governor
The bill relates to the merchant category code or any other indicator that a financial institution assigns to a merchant or to a payment card transaction that identifies whether the merchant is a firearms retailer or whether the payment card transaction involves the purchase of a firearm or ammunition. The National Rifle Association (NRA) passed similar legislation in Mississippi and the intent of HB 1018 is to mirror that. While a large portion is identical to MS legislation, these differences will cause issues for Georgia’s financial institutions if not corrected. Rep. Ridley agreed to all but one change requested by the financial services trade group. The one change not made relates to the definition of “firearms code” and the codes created by the International Organization for Standardization (ISO).
Limit Liability for Mental Health Care Providers (HB 1409)
Rep. Rob Leverett, R—Elberton
Eligible for Enactment by the Governor
The bill limits liability for mental health care providers under certain circumstances.
Limit Liability for Mental Health Care Providers (HB 1409)
Rep. Rob Leverett, R—Elberton
Eligible for Enactment by the Governor
The bill provides for class action suits and for damages against certain persons for violating provisions related to telephone solicitations.
Small Business Protection Act (SB 429)
Sen. Greg Dolezal, R—Cumming
Eligible for Enactment by the Governor
This bill provides for the preparation and submission of small business impact analyses for bills introduced during sessions of the General Assembly. This bill is the centerpiece of the Lieutenant Governor’s red-tape reduction agenda. The small business impact analysis would be similar to a fiscal note the General Assembly is required to produce for tax bills describing the cost to the state. Proposed agency rulemaking would be required to include an economic analysis and the impact on small businesses.
Senate Study Committee on Artificial Intelligence (SR 476)
Sen. John Albers, R—Roswell
Authorized by the Senate with a vote of 52-1 on Mar 26th
The Resolution creates a Senate Study Committee on Artificial Intelligence, which would consist of nine members appointed by the President of the Senate.
Disaster Mitigation and Resilience Study Committee (HR 1432)
Rep. Clint Crowe, R—Jackson
Authorized by the House with a vote of 152-16 on Mar 28th
Disaster Mitigation and Resilience Study Committee (SR 751)
Sen. Sam Watson, R—Moultrie
Authorized by the Senate with a vote of 52-1 on Mar 26th
The Resolution creates a Senate study committee on disaster mitigation, noting threats of natural and manmade disasters, including floods, wildfires, droughts, tornadoes, etc. The study committee will develop a comprehensive resilience plan to accommodate and mitigate current and future disaster events with the goal of reducing the negative impact to the economy and to facilitate economic development, promote tourism, and assist communities and businesses struggling with repeated disaster impacts.
Both the House and the Senate have authorized similar study committees and the two groups may meet concurrently before the start of the 2025 session.
[JUDICIAL]
Adult Abuse, Neglect, and Exploitation Multidisciplinary Team (HB 1123)
Rep. Carter Barrett, R—Cumming
Eligible for Enactment by the Governor
The bill establishes an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team in each judicial circuit. An Elder Justice Coalition for the State of Georgia shall also be created. CBA worked with the author of the bill to have the Association included as part of this coalition, which was part of the substitute passed by the committee.
[PROPERTY]
Georgia Squatter Reform Act (HB 1017)
Rep. Devan Seabaugh, R—Marietta
Eligible for Enactment by the Governor
The bill amends the definition of criminal trespass to include when a person enters a land or premises for purposes of residing on such land or premises. It provides for the submission of a property affidavit in magistrate court.
Property Owners' Associations (HB 220)
Rep. Rob Leverett, R—Elberton
Eligible for Enactment by the Governor
The bill provides for means of enforcement of condominium and property owners' association instruments, rules, and regulations and provides for compliance with, and means of enforcement of, covenants and instruments for certain planned subdivisions.
Photo ID for Deed Filings (HB 1292)
Rep. Gabe Okoye, D—Lawrenceville
Eligible for Enactment by the Governor
The bill requires the clerks of the superior court to obtain a photo ID for individuals who present deeds or other instruments for recording in an effort to reduce fraudulently recorded deeds. CBA worked with the author to exempt federally insured financial institutions and credit unions and their affiliates.
The Senate Judiciary Committee further amended it to include language from SB 474. It addresses the issue of unsolicited residential purchase offers, especially related to elder and vulnerable homeowners. It requires the purchase offer to clearly disclose that the offer may or may not be the fair market value of the property; it renders certain contracts accompanying unsolicited offers from unlicensed individuals void. CBA worked with the author to ensure the definition of “financial institutions” includes both state and federally-chartered institutions.
Possessory Interest in Certain Land by Foreign Persons (SB 420)
Sen. Jason Anavitarte, R—Dallas
Eligible for Enactment by the Governor
The underlying language of SB 420 prohibits agents associated with foreign adversaries from owning agricultural land or land near military installations. The House Rules Committee added language from HB 1247 after it failed to advance in the Senate. This provides for transfer-on-death deeds and stipulates how to execute and record such deeds, which cannot be revoked by wills.
[TAXATION]
Increase Statewide Ad Valorem Exemption for Tangible Personal Property (HB 808)
Rep. Mike Cheokas, R--Americus
Eligible for Enactment by the Governor
The bill increases a statewide ad valorem tax exemption for tangible personal property. The exemption would increase from $7,500 to $50,000 in a tiered manner over several years. A substitute bill was presented capping the exemption at $20,000 instead of $50,000 over several years.
Tax Rates Imposed on Corporations (HB 1023)
Rep. Bruce Williamson, R—Monroe
Eligible for Enactment by the Governor
The bill matches the rate of the tax imposed on corporations to that imposed on individual taxpayers.
Georgia Tax Court of 2025 (HB 1267)
Rep. Chuck Martin, R—Alpharetta
Eligible for Enactment by the Governor
This bill creates the Georgia Tax Court.
Joint Committee on Taxation and Economic Development (SB 366)
Sen. Chuck Hufstetler, R—Rome
Eligible for Enactment by the Governor
The bill does away with the Joint Committee on Taxation and Economic Development. It requires the Governor’s budget report to be provided to each member. The bill revises provisions related to the adoption and contents of general appropriations bills.
[AGRICULTURE]
Georgia Hemp Farming Act (SB 494)
Sen. Sam Watson, R—Moultrie
Eligible for Enactment by the Governor
The bill revises the Georgia Hemp Farming Act. See also HB 1286.
Legislation must pass both the House and Senate Chambers in the exact same form to be eligible for the Governor's signature. The following bills fell short of that requirement and are now officially lost.
Disclosure Statement for Sale of Energy Systems (HB 73) Rep. Joseph Gullett, R—Dallas
Earned Wage Access Providers (HB 84) Rep. Trey Rhodes, R—Greensboro
Income Tax Credit for Rehabilitation of Historic Structures (HB 101) Rep. Clint Crowe, R—Jackson
Achieving a Better Life Experience (ABLE) (HB 122) Rep. Lee Hawkins, R—Gainesville
Cash Overpayments by Merchants (HB 149) Rep. Meisha Manor, R—Atlanta
Georgia Access to Medical Cannabis Commission (HB 196) Rep. Alan Powell, R—Hartwell
First Time Homeowner Tax Credit (HB 283) Rep. Beth Camp, R—Concord
IRC Update (HB 454) Rep. Shaw Blackmon, R—Bonaire
Georgia Consumer Privacy Protection (HB 498) Rep. Danny Mathis, R—Cochran
Apex Doctrine (HB 530) Rep. James Burchette, R—Waycross
Local Government Investment Policy (HB 531) Rep. Carter Barrett, R—Cumming
Restriction and Seal of First Offender Status (HB 909) Rep. Leesa Hagan, R—Lyons
AI/Elections (HB 986) Rep. Brad Thomas, R—Holly Springs
AI Used by State Agencies (HB 988) Rep. Brad Thomas, R—Holly Springs
Mortgage Trigger Leads (HB 1040) Rep. Scott Hilton, R—Peachtree Corners
Remove Limitation on Leased Property (HB 1052) Rep. Chas Cannon, R—Moultrie
Assessment on Standing Timber (HB 1069) Rep. Chas Cannon, R—Moultrie
Notarial Acts Performed in Another State (HB 1075) Rep. Scott Hilton, R—Peachtree Corners
Selection of Venture Capital Funds (HB 1138) Rep. Dar’shun Kendrick, D—Lithonia
Digital Production Income Tax Credit (HB 1180) Rep. Kasey Carpenter, R—Dalton
Forms Executed via Electronic Signature (HB 1206) Rep. Eddie Lumsden, R—Rome
Notice of Beneficiaries of a Testate Estate (HB 1218) Rep. Rob Leverett, R—Elberton
Pardon and Parole Decisions Based on Immigration Status (HB 1247) Rep. Rob Leverett, R—Elberton
Georgia Hemp Farming Act (HB 1322) Rep. Chas Cannon, R—Moultrie
Torts Regarding Third-Party Criminal Activity (HB 1371) Rep. James Burchett, R—Waycross
Rate Reduction for Sale or Harvest of Timer (HR 96) Rep. Noel Williams, R—Cordele
Sales Made on Foreclosure under Power of Sale (SB 13) Sen. John Albers, R—Roswell
Religious Freedom Restoration Act (SB 180) Sen. Ed Setzler, R—Acworth
Remote Online Notary (SB 425) Sen. Blake Tillery, R—Vidalia
Veterans Benefits (SB 451) Sen. Nabilah Islam-Parkes, D—Lawrenceville
College Success 529 Expansion Act (SB 469) Sen. Jason Esteves, D—Atlanta
Georgia Consumer Privacy Protection Act (SB 473) Sen. John Albers, R—Roswell
Waive Certain Delinquent Ad Valorem Property Taxes (SR 82) Sen. Carden Summers, R—Cordele
Senate Study Committee on Credit Card Fees (SR 677) Sen. Clint Dixon, R—Buford
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