Legislation Introduced This Week
Several bills were introduced this week that we’ve added to our monitoring list. We update the State Issues Page
on our website daily, so be sure to check that page to follow issues of interest to you. Here is more information about the bills we added this week.
Lien Waivers. SB 315
by Sen. Lindsey Tippins
(R-Marietta) intends to address Court of Appeals decisions involving waivers of liens and notices of nonpayment in contractor-subcontractor relationships. As background, the Courts reversed the customary belief that not perfecting a lien waiver waived a contractor’s lien rights, but did not affect the contractor’s right to bring a subsequent breach of contract action. The proposed bill reverses the Court of Appeals decisions and codifies the industry’s prior understanding. If passed, contractors may bring a breach of contract action (usually for non-payment) even if they do not perfect their lien rights. The bill also adds an additional 30 days for the contractor to perfect their lien to bring the time to 90 days. The bill has been assigned to the Senate Judiciary Committee where a hearing is expected next week. GBA is monitoring.
Local Government Infrastructure Financing Authorities. SB 309
by Sen. Jesse Stone
(R-Waynesboro) creates the Georgia Municipal and Local Government Infrastructure Finance Authority and the Georgia County and Local Government Infrastructure Finance Authority to facilitate the purchase or lease of infrastructure by participating local governments. The authorities would have broad powers including the ability to issue revenue bonds to finance infrastructure. The bill has been assigned to Senate State and Local Government Operations Committee. GBA is monitoring with concerns about the potential to bypass local banks that currently participate in these projects.
Military Foreclosures. HB 776
by Rep. Billy Mitchell
(D-Stone Mountain) would provide protections for military service members in the event of foreclosures or other proceedings to enforce secured obligations. The bill has been assigned to the House Judiciary Committee. GBA is monitoring with concerns about duplication and conflict with existing federal protections.
Hemp. HB 847
by Rep. John Corbett
(R-Lake Park) builds off legislation passed in 2019 setting up a regulatory structure for growing and processing hemp in order for the Georgia Department of Agriculture’s policies and procedures will be in compliance with federal law and regulations. The bill has been assigned to the House Agriculture Committee. GBA is monitoring.
Title Pawn. SB 329
by Sen. Randy Robertson
(R-Cataula) provides for the regulation of the title pawn industry and places oversight in the Department of Banking and Finance. The lenders are being authorized to make loans up to $3,000 for three years or less with an APR not to exceed 36%. The Department is authorized to charge fees to cover the cost of supervision. Banks are specifically exempted. The bill has been assigned to the Senate Finance Committee. GBA is monitoring.
Homeowner Association Study Committee. HR 933
by Rep. William Boddie
(D-East Point) creates a committee to study how homeowners’, condominium owners’ and similar community associations could be better organized to implement requirements and procedures for turnover and transition from declarants, developers or management companies. The bill has been assigned to the Special Rules Committee. GBA is monitoring.
Cybersecurity Task Force. HB 862
by Rep. Dar’Shun Kendrick
(D-Lithonia) creates a cybersecurity task force to study and make recommendations in eight areas related to the security of connected computing devices. GBA is monitoring.
Fair Housing Discrimination. SB 286
by Sen. Tonya Anderson
(D-Lithonia) among other things, prohibits lenders from discriminating in the making of loans secured by residential real property on the basis of hairstyles historically associated with race. The bill has been assigned to the Senate Insurance and Labor Committee. GBA is monitoring.