Advocacy Update 2025 - Legislative Days 32-34

Legal Reform Package Headed to Kemp

On March 20, the House adopted an amended version of SB 68.  This is the cornerstone of Governor Kemp’s civil procedure reform package, aimed at creating a more balanced and predictable legal environment in Georgia. While the bill passed largely along party lines, several House Republicans voted no or left the chamber to avoid voting.  The final vote was 91 to 82.

This comes after the House Lawsuit Reform Subcommittee amended the bill on Tuesday and moved it through the committee process.  The friendly amendments clarified changes to civil procedure and added statutory references to other existing codes to strengthen the bill.  Democrats offered a sweeping amendment that would have gutted the bill; it was rejected at both the subcommittee and committee level.

House approval sent SB 68 back to the Senate for the upper chamber to agree to the amendments.  The Senate took final action on the bill on March 21, sending it to Governor Kemp for his signature.

Bill Highlight: Debanking or Fair Access to Financial Services

Sen. Blake Tillery (R), Vidalia introduced SB 341 on March 18.  The bill closely resembles SB 57 that failed on the Senate floor with a vote of 13-43 on March 6.  The bill prohibits discrimination in the provision of essential services, which is defined as financial services or utility services.  “Financial institution” means a bank or credit union that has more than $2 billion in assets and any affiliate or subsidiary of such bank or credit union, which is an increase from the $1 billion threshold outlined in SB 57.   

In a unique bill drafting style, SB 341 contains several narrative sections, attempting to make the case for the legislation.  It specifically names Capital One and JP Morgan Chase as two institutions that have allegedly been engaged in debanking their customers. 

It provides for both public and private enforcement.  Individuals who believe they have been discriminated against by essential service providers can seek legal recourse.  Damages range from $10,000 for the first violation and up to $250,000 for a third or subsequent violation of this Code Section.  Before proceeding with a lawsuit, matters must first be referred to the Attorney General for investigation.  It also requires the Attorney General to refer financial institutions to the Georgia Department of Banking and Finance for investigation of potential violations of Title 7.  It is unclear how the Department will investigate allegations since it does not have regulatory authority of all institutions operating in Georgia. 

CBA and the other financial trade groups remain in opposition to the bill and are concerned with the asset threshold and the devastating lawsuits that could result from a new private right of action. 

Active Measures: Banking

These measures remain active after Crossover Day.

Self-Storage Facilities (HB 131)

Rep. Matt Reeves, R—Duluth

Bill passed by the Senate Judiciary Cmte on Mar-20.

HB 131 relates to self-service facilities and revises the advertisement requirements before an owner of a self-storage facility can enforce an owner’s lien.  CBA and members of the financial trades worked with the author to include language that preserves existing advertisement requirements for motor vehicles, motorcycles, trailers, watercraft, and recreational vehicles.

Boat Titling (HB 115)

Rep. Jesse Petrea, R—Savannah 

Bill passed by the Senate Natural Resources and the Environment Cmte on Mar-19.

HB 115 pertains to the registration, operation, and sale of watercraft. It allows the Department of Natural Resources to remove, store, and dispose of abandoned vessels but does not denote how a lienholder is notified when a boat is removed.  CBA is working with the author and the Department to address this.

Georgia Housing and Finance Authority (HB 159)

Rep. Clint Crowe, R—Jackson

Bill passed by the Senate with a vote of 49-6 on Mar-21.

HB 159 increases the outstanding bond limit from $3 billion to $6 billion for the Georgia Housing and Finance Authority.  No state funds are at risk through this program.

Hemp and Medical Cannabis

The House took action on hemp and medical cannabis this week.

• SB 33 amends the Hemp Farming Act by providing limits on the total THC concentration of consumable hemp products.  It also revises provisions concerning the certificate of analysis applicable to consumable hemp products.  Bill heard in Committee on March 19.
• SB 220 expands access to medical cannabis.  The bill was approved and increases the allowable THC concentration in medical cannabis products from 5% to 50%.  It also broadens the list of qualifying conditions and permits alternative consumption methods, such as vaping.
• HR 368 creates a Joint Study Committee on Intoxicating Cannabinoids in Consumable Hemp Products.  Bill heard in Committee on March 19.

Active Measures: General Business

Property

Community Development Districts (HR 192)

Rep. Ron Stephens, R—Savannah

Resolution passed by the House Ways & Means Cmte on Mar-19.

HR 192 proposes an amendment to the Georgia Constitution to authorize the General Assembly to create and regulate community development districts, subject to local governmental approval.  The enabling legislation is HB 317, which also passed.  These measures did not meet the Crossover Day deadline but will be available for passage next year and further discussion in the interim.

Manufactured or Mobile Homes (SB 119)

Sen. Russ Goodman, R—Cogdell

Bill passed by the House Banks & Banking Cmte on Mar-19.

Under current law, a manufactured home becomes real property if it is permanently affixed to land owned by the homeowner, and a Certificate of Permanent Location is filed with the county’s real estate records.  SB 119 allows certain manufactured homes to remain classified as personal property even when permanently affixed to owned land.  The change aims to preserve the rights and remedies of prior lienholders or security interest holders in these homes.

Tenant Communications (HB 399)

Rep. Mary Margaret Oliver, D—Decatur

Bill passed by the Senate Economic Development and Tourism Cmte on Mar-19.

HB 399 requires certain residential landlords to have in-state staff to manage tenant communications related to such properties.  The bill also now gives code enforcement officers access to certain information when investigating violations at a property managed by a broker.

Squatting (HB 61)

Rep. Devan Seabaugh, R—Marietta

Considered by the Senate Public Safety Cmte on Mar-19.

HB 61 now contains language to address squatting.  It appears to mirror provisions originally found in SB 184 and HB 183, which create a penalty for forgery cases related to unlawful squatting (forging a rental agreement, for example).  It establishes a process for removing hotel / motel squatters.  The bill specifies that any accommodation furnished on a day-to-day or week-to-week basis constitutes an innkeeper-guest relationship (not a landlord-tenant relationship), regardless of the guest’s length of stay.  Opponents, including the Fulton County Marshal’s Department, contend hotel squatters should be afforded some type of formal dispossessory process.

Taxation

Sales Tax Exemption for Manufactured Homes (HB 134)                          

Rep. Beth Camp, R—Concord

Bill passed by the Senate Finance Cmte on Mar-19.

HB 134 revises and expands the sales tax exemption for manufactured homes.  The first retail sale or retail purchase in this state of a new manufactured single-family structure shall be subject to the sales and use taxes which would otherwise be levied on such retail purchase or retail sale, but only upon 60 percent of the manufacturer’s invoice amount.

Judicial

Open Records Requests (SB 12)                                                                             

Sen. Frank Ginn, R—Danielsville

Bill passed by the House Governmental Affairs Cmte on Mar-19.

SB 12 revises the state’s Open Records Request statutes relating to documents and records in the possession of private persons or entities and the judicial enforcement of such requests.  The Senate Judiciary Committee clarified who receives the open records request.   

Electronic Filing of Pleadings in Probate Court (HB 530)

Rep. Rob Leverett, R—Elberton

Bill passed by the Senate Judiciary Cmte on Mar-19.

HB 530 provides for authorization for the electronic filing of pleadings in probate court.

First Offender Act Sentences (HB 162)                                                                

Rep. Leesa Hagan, R—Vidalia          

Bill assigned to the Senate Judiciary Cmte on Mar-20.

HB 162 provides for the restriction and seal of First Offender Act sentences until such status is revoked.

Technology

Georgia Consumer Privacy Protection Act (SB 111)

Sen. John Albers, R-Roswell

Bill presented to the House Technology & Infrastructure Innovation Cmte on Mar-19.

SB 111 seeks to protect the privacy of consumer personal data. The bill defines consumers’ rights, the responsibilities of data controllers and processors and requirements for data protection assessments.  The bill contains a requested exemption from last year’s bill (SB 473) for financial institutions and affiliates of financial institutions, data or personal information subject to Title V of the federal Gramm-Leach-Bliley Act.

Ensuring Accountability for Illegal AI Activities Act (SB 9)                                                                                  

Sen. John Albers, R—Roswell

Bill passed by the House Technology & Infrastructure Innovation Cmte on Mar-19.  

SB 9 as passed by the Senate was gutted and replaced with language from HB 986 from last session.  The bill establishes the criminal offense of election interference with a deep fake and solicitation of such.

General Business

Red Tape Roll Back Act (SB 28)                                                                                

Sen. Greg Dolezal, R-Alpharetta

Bill passed by the House Budget and Fiscal Affairs Oversight Cmte on Mar-19.

A priority of Lt. Governor Burt Jones, SB 28 provides for the preparation and submission of small business impact analysis for proposed legislation, rules, and regulations.  It requires state agencies to complete a top-to-bottom review of their rules and regulations every four years.  Members of the House Rules Committee specifically questioned how this effort would impact entities like the Department of Banking and Finance which is solely responsible for regulation and oversight.

Georgia Uniform Securities Act (SB 284)

Sen. Larry Walker, R—Perry

Bill passed by the House Governmental Affairs Cmte on Mar-19.

SB 284 authorizes the issuance of orders by the Commissioner of Securities directing persons who have violated certain securities provisions to return to investors, customers, or clients sums paid in connection with securities purchases.

Automatic Service Renewals (HB 529)

Rep. Carter Barrett, R—Cumming

Bill presented to the Senate Agriculture and Consumer Affairs Cmte on Mar-19.

HB 529 requires businesses to give consumers the option to cancel after their contract period and clearly disclose renewal terms.

New Legislation of Interest

Measures introduced after Crossover Day have a very low probability of advancing this year but will be monitored with other lost and inactive items.

• Senate Study Committee on Artificial Intelligence and Digital Currency (SR 391), Sen. John Albers, R—Roswell
• Senate Study Committee on Intoxicating Cannabinoids in Consumable Hemp Products (SR 427), Sen. Kay Kirkpatrick, R—Marietta