The first session of the 157th Georgia General Assembly adjourned just after midnight on March 30. The session was the first for House Speaker Jon Burns (R-Newington) and Senate President, Lt. Gov. Burt Jones (R-Jackson). Both are credited for a relatively smooth session that ended with its one Constitutional requirement: passing the state’s next fiscal year budget. Also new in the role this year was Senate Banking and Financial Institutions Committee chairman Carden Summers (R-Cordele). It was the second term for House Banks and Banking Committee chairman Noel Williams (R-Cordele). Both were effective in moving bills through their committee. Several bills were held for further consideration in the 2024 session. Many other committees have jurisdiction on bills affecting the industry and below you will see there were plenty of bills affecting the banking industry that kept GBA’s advocacy team busy. GBA’s priority bills are on the Governor’s desk awaiting his signature as are many others we monitored. We hope our weekly Legislative Updates were informative about all the goings on at the state Capitol.

All three bills GBA designated as priority bills for the session were passed and we expect each to be signed shortly. The governor is given 40 days from Sine Die to sign or veto bills which is May 8 this year. Bills passed but not signed automatically go into effect according to the statutory language contained in each bill. Throughout his first term, Gov. Brian Kemp signed or vetoed every bill passed. Following are descriptions of GBA’s priority bills for 2023.

Department of Banking and Finance Housekeeping Bill. HB 55 was sponsored in the House by Rep. Bruce Williamson (R-Monroe) and in the Senate by Sen. John Kennedy (R-Macon). The bill contained the following general clean-up provisions for supervision specifically relating to our members: a) revising references to the allowance of loan and lease losses to the allowances for credit losses to align with a change in terminology for GAAP; b) updating the rules of construction that any references to laws or rules in the Financial Institutions Code will be to the laws as they existed on January 1, 2023; c) providing that a bank or trust company can change its name without shareholder approval. Click here to review a summary of the major provisions prepared by the Department.

Probate. Our thanks to Rep. Will Wade (R-Dawsonville) for adding GBA language to a bill he was authoring related to notifying beneficiaries of estates, HB 91. The GBA-requested language is Section 2 of the bill and revises a definition to include financial institutions within the Uniform Transfer on Death Security Registration. The Senate sponsor was Sen. Bo Hatchett (R-Cornelia).

Deed Attestation. GBA’s Bank Counsel Section Board received a briefing on the need to address a court case that created confusion related to a difference between an attesting witness required by the state’s Recording Statute and a subscribing witness required by the Savings Statute. HB 182 by Rep. Matt Reeves (R-Duluth) is the solution and revises provisions for curing defective deeds and other instruments and comport with the legislative correction recommended by the United States Eleventh Circuit Court of Appeals in Pingora Loan Servicing, LLC, v. Scarver (In Re: Lindstrom) regarding attestations. The bill passed the House and was amended in the Senate adding the text of HB 292 also by Rep. Reeves that revises procedures regarding judicial and nonjudicial foreclosure of time-share estates and relates to notice, interests of mortgagees, trustees, recording of time-share interests, sales of encumbered time-share estates and proceeds, and transfer of title. That was another bill we were monitoring. Both Chambers adopted the bill in final form. The Senate sponsor was Sen. Brian Strickland (R-McDonough).

One of the many reasons GBA has its advocacy team look at every bill introduced is to flag those that could affect the industry. Many bills never receive action, so the team spends most of their time analyzing those that are subject to hearings. Often well-meaning legislation has unintended consequences, and our team works with counsel offering language to the authors to help perfect their bills. Following are just three examples of bills where language we offered was incorporated:

Automatic Service Renewals. HB 528 by Rep. Houston Gaines (R-Athens) is intended to stop the practice of the charging of consumer credit or debit cards or third-party payment accounts for ongoing shipments of a product or ongoing deliveries of service without the consumer's consent and without providing clear and conspicuous methods of cancellation by businesses that operate all or a portion of their business online. Our thanks to Rep. Gaines for incorporating language GBA requested clarifying that bank holding companies are exempted from the provisions of the bill. That expanded on language in the original bill exempting financial institutions. The bill passed the House, was amended by adding the text of SB 34 by Sen. Elena Parent (D-Atlanta) that prohibits a third-party food delivery service from committing unfair, unsafe, and unhealthy practices in this state. Sen. Parent was the Senate sponsor of the amended HB 528.

Commercial Financial Transactions. SB 90 by Sen. Clint Dixon (R-Buford) relates to selling and other trade practices like factoring to provide for financing disclosures. Our thanks to Sen. Dixon for amending the bill to include GBA-requested language adding holding companies, subsidiaries and affiliates to the exemption of banks from the provisions of the bill. The bill passed the Senate and was amended and reported by the House Banks and Banking Committee. The amendment contained the text of HB 471 by Rep. Clint Crowe (R-Jackson) which adds an example of an unfair or deceptive practice regarding real estate brokerage engagements and options to enter into brokerage engagements to the "Fair Business Practices Act". Rep. Crowe was the House sponsor for the amended SB 90. The bill passed the Senate, was amended and passed the House. The Senate agreed to the House amendment which was the final action needed on the bill.

Solicitation. SB 149 by Sen. John Albers (R-Roswell) relates to commercial sales to enact the "Georgia Door-to-Door Sales Act." The Act will require sellers to furnish to buyers receipts and copies of any contracts and will require sellers to provide notice of how to cancel a sale. Some common door-to-door sales calls such as in-home or in-office brokerage calls, are potentially captured by the Act. The bill passed the Senate, reported by the House Agriculture & Consumer Affairs Committee with a GBA-requested amendment exempting banks and bank holding companies, passed by the House and the Senate agreed to the House amendments which was the final action needed on the bill. The House sponsor was Rep. Robert Dickey (R-Musella).

Following are bills GBA monitored that did not require changes but affect the industry. Each passed the House and Senate.

Ad Valorem Taxation. HB 311 by Rep. Lynn Smith (R-Newnan) provides for optional temporary tax relief to certain properties located in nationally declared federal disaster areas. Sen. Matt Brass (R-Newnan) sponsored the bill in the Senate. Gov. Kemp signed the bill March 16.

Ad Valorum Taxation. SB 56 by Sen. Chuck Hufstetler (R-Rome) requires the state revenue commissioner to contract with the board of the Employees' Retirement System of Georgia to offer certain county tax commissioners the option to participate in a state administered deferred compensation plan. The bill passed the Senate, and was amended in the House to include language from HB 170 by Rep. Kasey Carpenter (R-Dalton) which provides a sales tax for certain digital products and pre-written software. Also added was language from HB 454 by Rep. Shaw Blackmon (R-Bonaire) which incorporates changes to the state tax code from federal tax code changes passed in prior years becoming effective in the current year and adds a pandemic definition to the current force majeure clauses affecting construction of large-scale projects. The House sponsor was Rep. Mitchell Scoggins (R-Cartersville).

Commerce and Trade, Courts, and Torts. SB 74 by Sen. Blake Tillery (R-Vidalia) requires the disclosure of the nature and practices of businesses that provide legal services. The bill was amended in the House Judiciary Committee to include a version of language from HB 530 by Rep. James Burchett (R-Waycross) which seeks, among other things, to prohibit high ranking officers of corporations from having to give depositions in lawsuits when that officer has no direct knowledge of the issues in a lawsuit. The bill passed the Senate, which agreed to a House substitute, which was the final action needed on the bill. Rep. Burchett sponsored the bill in the House.

Computer Software - Sales Tax Exemption. HB 170 by Rep. Kasey Carpenter (R-Dalton) provides for a sales tax on certain digital downloads/products. The bill passed the House and was reported from the Senate Finance Committee, which added language from Rep. Carpenter’s HB 397 relating to the delivery of alcoholic beverages for personal use. The bill is pending in the Senate Rules Committee. However, language from HB 170 was added to SB 56 which passed the Senate and House. The Senate sponsor was Sen. John Albers (R-Roswell). ​

Conservation Easements. SB 220 by Sen. Russ Goodman (R-Cogdell) enacts the Georgia Farmland Conservation Act allowing the creation of an agricultural conservation easement, a non-possessory interest in real property that runs with the land and is of perpetual duration. The House sponsor was Rep. Robert Dickey (R-Musella).

Elder/Disabled Adult Financial Exploitation. SB 84 by Sen. Chuck Hufstetler (R-Rome) amends the Georgia Uniform Securities Act of 2008 to provide for financial protections for elder and disabled adults who may be victims of financial exploitation. Rep. Carter Barrett (R-Cumming) sponsored the bill in the House.

Fair Business Practices Act – Brokerage Engagements / Commercial Financial Transaction Disclosures. HB 471 by Rep. Clint Crowe (R-Jackson) adds an example of an unfair or deceptive practice regarding real estate brokerage engagements and options to enter into brokerage engagements to the "Fair Business Practices Act," and relating to telephone solicitations to residential, mobile, or wireless subscribers, requires the Public Service Commission to establish and maintain a list of certain subscribers and develop a schedule of fees. The bill was reported by the House Agriculture & Consumer Affairs Committee however no further action was taken. Text of the bill was added to SB 90 by Sen. Clint Dixon (R-Buford) related to commercial financial transaction disclosures. Rep. Crowe sponsored the amended SB 90 in the House. HB 471 was recommitted to the House Agriculture & Consumer Affairs Committee when the session adjourned. However, SB 90 containing the language passed the House and Senate.

Human Trafficking Signage. SB 42 by Sen. Mike Hodges (R-Brunswick) increases penalties for businesses that fail to comply with required human trafficking signage requirements. The House sponsor was Rep. Will Wade (R-Dawsonville).

Income Tax – Partnerships. HB 412 by Rep. Bruce Williamson (R-Monroe) repeals a limitation on certain types of partnerships that may elect to pay income taxes at the entity level. The Senate sponsor was Sen. John Albers (R-Roswell).

Income Tax Credit. HB 162 by Rep. Lauren McDonald (R-Cumming) is Gov. Brian Kemp’s proposed one-time $250 tax credit for individual taxpayers who filed tax returns in 2021 and 2022. Sen. Mike Hodges (R-Brunswick) sponsored the bill in the Senate. Gov. Kemp signed the bill March 13.

Legal Organ. HB 254 by Rep. David Jenkins (R-Grantville) relates to the requirements for the local official legal organ and provides as an alternative to newspaper posting in certain counties with limited newspaper coverage that legal notices may be posted on county- or municipal-managed websites. The bill also raises the cost to publish legal advertisements. The Senate sponsor was Sen. Lee Anderson (R-Grovetown).

Lis Pendens. HB 444 by Rep. Matt Reeves (R-Duluth) revises when an action may operate as a lis pendens. The Senate sponsor was Sen. Brian Strickland (R-McDonough).

Loans to Political Candidate / Committee. HB 572 by Rep. Matt Reeves (R-Duluth) removes a provision related to maximum contributions to a political candidate or committee to remove a provision regarding the repayment of a loan exceeding $250,000. The Senate sponsor was Sen. Rick Williams (R-Milledgeville).

Manufactured Housing. SB 213 by Sen. Max Burns (R-Sylvania) prohibits local governments from preventing the continuance of lawful nonconforming use of property when a preexisting manufactured home or mobile home is replaced with another. The House sponsor was Rep. Dale Washburn (R-Macon).

Motor Vehicle Title. HB 183 by Rep. Matt Barton (R-Calhoun) removes language in existing statutes related to liens on vehicles from speeders ticketed in school zones to remove a cloud on the vehicle title. The Senate sponsor was Sen. Chuck Payne (R-Dalton).

Municipal Deannexation. HB 374 by Brad Thomas (R-Holly Springs) relating to municipal annexation of territory, to provide for municipal deannexation of property by application of 100 percent of property owners. The bill was amended to include language from SB 145 by Sen. Shawn Still (R-Norcross) that limits local governments’ ability to regulate gas-powered leaf blowers and fuels used for household purposes. Sen. Still sponsored HB 374 in the Senate.

Sales and Use Tax. HB 408 by Rep. Bruce Williamson (R-Monroe) extends the sales tax exemption for major economic development projects of regional significance to extend the sunset to 2026. The Senate sponsor was Sen. Chuck Hufstetler (R-Rome).

Tax Code. HB 95 by Rep. David Knight (R-Griffin) is the annual bill incorporating various new provisions in the federal tax code into the Georgia tax code. Sen. Billy Hickman (R-Statesboro) was the Senate sponsor.

Tax Credit – Quality Jobs. HB 482 by Rep. Steven Sainz (R-St. Marys) amends the current income tax credit for establishing or relocating quality jobs such that eligibility for the credit shall be based only on the projects and investments, which are related primarily to such trade or business, and the jobs that qualify solely based on such trade or business. Sen. John Albers (R-Roswell) was the Senate sponsor.

Time-shares. HB 292 by Rep. Matt Reeves (R-Duluth) revises procedures regarding judicial and non-judicial foreclosure of time-share estates and relates to notice, interests of mortgagees, trustees, recording of time-share interests, sales of encumbered time-share estates and proceeds, and transfer of title. The bill was reported by the House Judiciary Committee and is pending in the House Rules Committee. Text of the bill was added to HB 182 also by Rep. Reeves that relates to recording of deeds and other real property transactions, to revise provisions for curing defective deeds and other instruments and comport with the legislative correction recommended by the United States Eleventh Circuit Court of Appeals in Pingora Loan Servicing, LLC, v. Scarver (In Re: Lindstrom) regarding attestations. The Senate sponsor was Sen. Brian Strickland (R-McDonough).

Tort – Hospitals & Nursing Homes/Chiropractic Practice. SB 168 by Sen. Rick Williams (R-Milledgeville) relates to liens of hospitals and nursing homes, to allow a chiropractic practice to have a lien on a cause of action accruing to an injured person for the costs of care and treatment of injuries arising out of the cause of action. The House sponsor was Rep. Rob Leverett (R-Elberton).

Unclaimed Property. SB 103 by Sen. Russ Goodman (R-Cogdel) relates to unclaimed property and sets requirements for wills found in safety deposit boxes that are turned over to the state. Among other things, the Revenue Commissioner is required to develop a searchable data base of unclaimed property and sets certain requirements for individuals serving as another party’s representative in claiming unclaimed property. A substitute version of the bill passed the Senate, was amended and passed by the House. The Senate agreed to the House amendment which was the final action needed on the bill. Rep. Vance Smith (R-Pine Mountain) sponsored the bill in the House.

Ungraded Lumber. HB 132 by Rep. David Jenkins (R-Grantville) amends the Georgia state minimum standard codes to include provisions authorizing the use of ungraded lumber in the construction or repair of any accessory structure not containing habitable space on property zoned or primarily used for residential or agricultural purposes. The Senate sponsor was Sen. Lee Anderson (R-Grovetown).

Unsworn Declarations. HB 80 by Rep. Rob Leverett (R-Elberton) creates the Uniform Unsworn Declarations Act and provides that unsworn declarations shall have the same effect as sworn declarations in certain circumstances. The House passed an amended version, the Senate further amended and passed the bill, and the House agreed to the amendment which was the final action needed on the bill. The Senate sponsor was Sen. John Kennedy (R-Macon).

Venue - Money Laundering/Theft of Money. HB 219 by Rep. Scott Hilton (R-Johns Creek) relates to records and reports of currency transactions to provide for venue for the offense of money laundering. The legislation also relates to theft to provide for venue for the offense of theft of money held in a financial institution. The venue would be the county or counties of the victim. Sen. John Albers (R-Roswell) is the Senate sponsor.

With hundreds of bills introduced each session during legislator’s short 40-day session, it’s impossible for every bill to be considered. However, many get lots of attention and are likely to be among the first considered when the General Assembly reconvenes in 2024. Following are a few that could be perfected and enacted then.

Ad Valorem Tax – Breach of Covenant. HB 449 by Rep. David Knight (R-Griffin) repeals an exception to the breach of a covenant for bona fide conservation use related to the solar generation of energy. The bill was reported by the House Ways & Means Committee where no further action was taken. The bill was recommitted to the House Ways & Means Committee when the session adjourned.

Administrative Hearing Officers. HB 563 by Rep. Rob Leverett (R-Elberton) amends the Fair Employment Practices Act making several changes with the process of appointing administrative hearing officers who appear before the administrative law judges. The bill passed the House, was reported by the Senate Judiciary Committee but was not scheduled for a vote by the Senate Rules Committee. The Senate sponsor is Sen. Jason Anavitarte (R-Dallas).

Agriculture – Soil Amendments. HB 477 by Rep. Rob Leverett (R-Elberton) require notices for the application of soil amendments to land with requirements as to form, included information, and delivery method and provide for related rules and regulations and for construction of a state-wide notification website for persons or firms applying soil amendments. A hearing was held on the bill by the House Natural Resources & Environment Committee although no further action was taken.

Buckhead City. SB 113 by Sen. Randy Robertson (R-Cataula) provides for the transition of services and facilities from an existing municipality to a newly incorporated municipality. The bill was reported from the Senate State and Local Government Operations Committee, scheduled for a floor vote, but was tabled where the bill remains.

Buckhead City. SB 114 by Sen. Randy Robertson (R-Cataula) provides a charter, boundaries, and powers of the City of Buckhead City. The bill was defeated in the Senate by a vote of 23 yeas to 33 nays.

Commercial Financial Transactions. HB 84 by Rep. Trey Rhodes (R-Greensboro) relates to selling and other trade practices similar to factoring to provide for financing disclosures. The bill contains GBA-requested language adding holding companies to the exemption of banks from the provisions of the bill. The bill passed the House and is pending in the Senate Banking and Financial Institutions Committee. However, similar language was included in SB 90 by Sen. Clint Dixon (R-Buford) which passed the Senate and House.

Condominiums – Unit Insurance Deductibles. HB 389 by Rep. Martin Momtahan (R-Dallas) revises the maximum amount of insurance deductibles payable by unit owners to be not more than the association’s master policy deductible per casualty loss. A hearing on the bill was held by a subcommittee of House Insurance Committee although no further action was taken.

C-PACE. HB 206 by Rep. Steven Sainz (R-St. Marys) provides for the creation of Commercial Property Assessed Conservation, Energy, and Resiliency Development Authorities in counties and municipalities that have adopted implementing ordinances. The bill passed the House and a hearing was held by the Senate State and Local Government Operations Committee. However, the committee took no further action. Text from the bill was amended into SB 145 by Rep. Shawn Still (R-Norcross) that prohibits local regulations that create differing standards that distinguish gasoline-powered leaf blowers from similar equipment. Although SB 145 did not receive final action, similar language was incorporated into SB 145 was incorporated into HB 374 by Rep. Brad Thomas (R-Holly Springs) which passed the House and Senate. C-PACE authorization did not pass this session.

Credit Repair. HB 187 by Rep. Rob Leverett (R-Elberton) proposes to allow for-profit credit repair services. The bill was scheduled to be considered by the House but was recommitted to the House Agriculture & Consumer Affairs.

Criminal History Records. HB 334 by Rep. Tyler Paul Smith (R-Bremen) provides for criminal history record information restrictions for certain persons cited with or convicted of certain criminal offenses, mostly related to pardons and first offenders. The bill was reported by the House Judiciary Non-Civil Committee, but no further action was taken. The bill was recommitted to the House Judiciary Committee when the session adjourned.

Depositions / Legal Advertising. HB 530 by Rep. James Burchett (R-Waycross) seeks, among other things, to prohibit high ranking officers of corporations from having to give depositions in lawsuits when that officer has no direct knowledge of the issues in a lawsuit. The bill passed the House, reported by the Senate Regulated Industries and Utilities Committee, and scheduled for a floor vote in the Senate. However, the bill was tabled where it remains. However, text of the bill was added to SB 74 by Sen. Blake Tillery (R-Vidalia) that requires the disclosure of the nature and practices of businesses that provide legal services. Sen. Bill Cowsert (R-Athens) was the Senate sponsor of HB 530 and Rep. Burchett was the House sponsor of SB 74 which passed the House and Senate.

Development Authorities – Governance. SB 26 by Sen. Greg Dolezal (R-Cumming) authorizes meetings and public hearings of development authorities and community improvement districts to be held by teleconference. The bill passed the Senate, it was amended and passed by the House, but not further considered by the Senate. The House sponsor was Rep. Todd Jones (R-South Forsyth).

Development Authorities. SB 171 by Sen. Max Burns (R-Sylvania) relates to development authorities to limit the length of a director's hold-over period following expiration of term of office, requires directors to do yearly continuing education and relates to mechanics and materialmen liens to provide that such liens may attach to the usufruct interest of properties owned by or titled in a development authority or downtown development authority. A substitute version of the bill was scheduled for a floor vote by the Senate Rules Committee, but the bill was tabled in the Senate where it remains.

Development Impact Fees. HB 585 by Rep. Todd Jones (R-South Forsyth) provides for development impact fees for education. The bill was reported by the House Governmental Affairs Committee, but no further action was taken. The bill was recommitted to the House Governmental Affairs Committee when the session adjourned.

Development Impact Fees. HR 303 by Rep. Todd Jones (R-South Forsyth) is a proposed constitutional amendment providing that the General Assembly may authorize local boards of education to impose, levy, and collect development impact fees and use the proceeds to pay for a share of the cost of additional educational facilities. The bill was reported by the House Governmental Affairs Committee, but no further action was taken. The bill was recommitted to the House Governmental Affairs Committee when the session adjourned.

Development Impact Fees. SB 136 by Sen. Mike Dugan (R-Carrollton) relates to calculation of development impact fees to add workforce housing to the list of projects that may be excluded from such fees included in municipal or county development impact fee ordinances. The bill passed the Senate and is pending in the House Governmental Affairs Committee. The House sponsor was Rep. Kimberly New (R-Villa Rica). Language from SB 136 was incorporated into HB 514 by Rep. Dale Washburn (R-Macon) relating to zoning procedures. A conference committee between the House and Senate was convened but final action was not taken.

Earned Wage Access. SB 254 by Sen. Matt Brass (R-Newnan) establishes parameters for earned wage access services, provides such services are non-recourse and not loans, and provides for fees that are not defined as interest. The bill passed the Senate, a hearing was held by the House Banks and Banking Committee which took no further action.

Foreclosure. SB 13 by Sen. John Albers (R-Roswell) authorizes online public sales under tax levies and executions. The bill passed the Senate and the House Rules Committee made additional changes. The bill went to a conference committee although final action was not taken. The House sponsor is Rep. Tyler Paul Smith (R-Bremen).

Hemp. HB 196 by Rep. Alan Powell (R-Hartwell) abolishes the state’s cannabis commission, moves its duties to the Department of Agriculture, and restructures the oversight committee. Additional licensees would be authorized, and the State-wide Business Court was named as the only court authorized to resolve disputes. The bill passed the House although no final action was taken by the Senate. The Senate sponsor was Sen. Bill Cowsert (R-Athens). Similar language was incorporated in SB 97 by Sen. Jason Anavitarte (R-Dallas) but that bill was not passed either.

Hemp. HB 458 by Rep. Clay Pirkle (R-Ashburn) relates to offenses against public health and morals to prohibit the purchase of, sale of, and the offering of samples of hemp products by or to any individual under the age of 21 years old. The bill passed the House, and a series of hearings were held in the Senate Regulated Industries and Utilities Committee where the bill is pending. Text of the bill was added to HB 196 by Rep. Alan Powell (R-Hartwell) but final action was not taken.

Hemp. SB 22 by Sen. Kay Kirkpatrick (R-Marietta) amends the Hemp Farming Act to, among other things, make it illegal to sell hemp products to anyone under the age of 18. The bill passed the Senate by substitute. However, a motion to reconsider was adopted and the bill was returned to the Senate Rules Committee where it is pending.

Higher Education Savings Plan; ABLE. HB 122 by Rep. Lee Hawkins (R-Gainesville) relates to the state’s higher education savings plan and Georgia Achieving A Better Life Experience (ABLE), respectively, to provide for the governance of the Georgia ABLE program by the board of directors of the Georgia Higher Education Savings Plan and among other things, removes the maximum amount of contributions currently allowed per beneficiary. The bill passed the House, was reported by the Senate Higher Education Committee, and is pending in the Senate Rules Committee. The Senate sponsor is Sen. Jason Anavitarte (R-Dallas).

Housing Zoning and Permitting. HB 514 by Rep. Dale Washburn (R-Macon) relates to zoning procedures to provide for the length and renewal of moratoriums related to zoning decisions, procedures for the levy, collection, use, and waiver of fees related to zoning decisions and related permits, and revise notice and hearing requirements for certain zoning decisions. The bill passed the House, amended and passed the Senate incorporating language from SB 136 by Sen. Mike Dugan (R-Carrollton) related to calculation of development impact fees to add workforce housing to the list of projects that may be excluded from such fees included in municipal or county development impact fee ordinances. A conference committee was appointed but no final action was taken. Neither was final action taken on SB 136. Sen. Mike Dugan (R-Carrollton) was the Senate sponsor of HB 514.

Insurance Discount – Windstorm Events. HB 279 by Rep. Matthew Gambill (R-Cartersville) provides for an insurance premium discount or rate reduction for property owners who build a new residential or commercial property or who retrofit an existing residential or commercial property that better resists tornado, hurricane, or other catastrophic windstorm events. The House passed the bill, reported by the Senate Insurance and Labor Committee, scheduled for a floor vote by Senate Rules Committee, but was tabled in the Senate where the bill remains. The Senate sponsor is Sen. Randy Robertson (R-Cataula).

Jobs Tax Credit. HR 324 by Rep. Penny Houston (R-Nashville) proposes to create a committee to study the Jobs Tax Credit Tier System. The bill is pending in the House Ways & Means Committee where a subcommittee held a hearing but took no further action.

Land Ownership. SB 132 by Sen. Brandon Beach (R-Alpharetta) prohibits the acquisition of possessory interest in certain land by nonresident aliens from a country designated as a “Country of Particular Concern” by the U. S. Secretary of State. The bill was amended, passed by the Senate, further amended, and is pending in the House Agriculture & Consumer Affairs Committee. The House sponsor is Rep. David Clark (R-Buford).

Landlord Tenant. HB 404 by Rep. Kasey Carpenter (R-Dalton) provides for a duty of habitability for certain rental agreements, notice, maximum security deposit amounts, and expedited evictions for certain criminal activity. The bill passed the House, was reported by the Senate Judiciary Committee, scheduled for a floor vote by the Senate Rules Committee, but tabled in the Senate where the bill remains. The Senate sponsor is Sen. Chuck Hufstetler (R-Rome).

Landowner Liability. SB 186 by Sen. Greg Dolezal (R-Cumming) limits landowner liability regarding invitees, licensees, and trespassers, provides for no landowner liability due to alleged constructive notice of prior crimes or violent nature; and provides for apportionment of fault. The bill was scheduled for a floor vote by the Senate Rules Committee but was tabled in the Senate where it remains.

Landownership. HB 452 by Rep. Clay Pirkle (R-Ashburn) prohibits the acquisition of possessory interest in certain land such as that for agricultural use or within 25 miles of a military installation by certain nonresident aliens. The bill was amended, reported from the House Agriculture & Consumer Affairs Committee although no further action was taken. The bill was recommitted to the House Agriculture & Consumer Affairs Committee when the session adjourned.

Local Government Investment Policies. HB 531 by Rep. Carter Barrett (R-Cumming) expands the types of investments available to local governments such that those investments would more closely track the kinds of instruments and products in which the State of Georgia may invest. The bill also requires local governments that take advantage of the new authority to adopt an investment policy which outlines the authorized investments and contains other operational requirements. The bill passed the House and is pending in the Senate Banking and Financial Institutions Committee. Committee Chairman Carden Summers (R-Cordele) appointed a subcommittee to study the bill between now and next session. The subcommittee will be chaired by Sen. John Kennedy (R-Macon), with other members being Sen. Sonya Halpern (D-Atlanta) and Sen. Mike Hodges (R-Brunswick).

Medical Cannabis (formerly Cyber Command). SB 97 by Sen. Jason Anavitarte (R-Dallas) originally created the Georgia Cyber Command Division under the Georgia Emergency Management and Homeland Security Agency to handle the duties formerly held by the Georgia Technology Authority regarding cyber security for the state and state agencies. The bill passed the Senate, and the House Public Safety and Homeland Security committee deleted the original language and inserted new language abolishing the state’s cannabis commission, moved its duties to the Department of Agriculture, and restructured the oversight committee. Additional licensees were authorized, and the State-wide Business Court was named as the only court authorized to resolve disputes. The House sponsor was Rep. Alan Powell (R-Hartwell). The amended bill is pending in the House Public Safety and Homeland Security Committee.

Motor Vehicle License Plates. SB 217 by Sen. John Albers (R-Roswell) relates to registration and licensing of motor vehicles, to provide for the offense of operation of a motor vehicle with a fraudulent license plate. The House Rules Committee amended the bill to remove language in existing statutes related to liens on vehicles from speeders ticketed in school zones to remove a cloud on the vehicle title. The House sponsor was Rep. Beth Camp (R-Concord). Although SB 217 did not receive final passage, language relating to liens on school speed zone tickets was contained in HB 183 by Rep. Matt Barton (R-Calhoun) which passed the House and Senate.

Probate. HB 346 by Rep. Eddie Lumsden (R-Armuchee) provides that certain cases concerning the probate of wills may be removed from a probate court to a superior court upon the petition of the court and agreement of all parties. A hearing on the bill was held by the House Judiciary Committee although no further action was taken.

Property Owner’s Associations – Natural Gas/Solar. HB 355 by Rep. Kasey Carpenter (R-Dalton) prohibits property owners' associations from creating or enforcing covenants which infringe upon a lot owner's right to use natural gas or to install or use a solar energy device. The bill was reported by the House Judiciary Committee, but no further action was taken. The bill was recommitted to the House Judiciary Committee when the session adjourned.

Property Owners’ Associations. HB 220 by Rep. Rob Leverett (R-Elberton) provides for means of enforcement of condominium and property owners' association instruments, rules, and regulations and for compliance with, and means of enforcement of, covenants and instruments for certain planned subdivisions. The bill passed the House, was reported by in the Senate Judiciary Committee, scheduled for a floor vote by the Senate Rules Committee, but was tabled in the Senate where the bill remains. Sen. Brian Strickland (R-McDonough) is the Senate sponsor.

Property Taxes, Delinquent – Waive for Returning Property to Effective Utilization Status. SR 82 by Sen. Carden Summers (R-Cordele) proposes an amendment to the Constitution to authorize the tax commissioner, subject to local governing authority approval, to waive certain delinquent ad valorem property taxes, penalty, and interest for the purpose of placing non-revenue generating and tax delinquent property back to effective utilization status. The bill was scheduled for a floor vote by Senate Rules Committee but was tabled where it remains.

Retirement and Pensions. SB 240 by Sen. Larry Walker (R-Perry) relates to state retirement and pension plans. The bill was amended to include the text of SB 266 by Sen. Marty Harbin (R-Tyrone) that would require those who invest state retirement assets to take into account only fund historic, current and potential future returns and not subordinate the interests of the participants and their beneficiaries or sacrifice investment returns or accept increased investment risks in the promotion of any nonpecuniary interests. Such nonpecuniary interests shall include, but shall not be limited to, the furtherance of any social, political, or ideological interests. The bill was sponsored in the House by Rep. John Carson (R-Marietta). The bill passed the Senate; however, the House did not concur.

Rural Economic Development. HB 413 by Rep. Noel Williams (R-Cordele) provides for a second round of funding for the "Georgia Agribusiness and Rural Jobs Act." The bill was reported by the House Ways & Means Committee, but no further action was taken. The bill was recommitted to the House Ways & Means Committee when the session adjourned.

Sales and Use Tax – Mobile Homes; Tax Credit – First Time Homebuyers. HB 283 by Rep. Beth Camp (R-Concord) changes the computation of sales and use tax on the purchase of a new manufactured home from 50% to 60% of the sales price and creates a new tax credit for first time homebuyers. The bill passed the House and is pending in the Senate Finance Committee.

State Retirement Fund Investing - Social Political Ideological. SB 266 by Sen. Marty Harbin (R-Tyrone) would require those who invest state retirement assets to take into account only fund historic, current and potential future returns and not subordinate the interests of the participants and their beneficiaries or sacrifice investment returns or accept increased investment risks in the promotion of any nonpecuniary interests. Such nonpecuniary interests shall include, but shall not be limited to, the furtherance of any social, political, or ideological interests. The bill passed the Senate and is pending in the House Retirement Committee. Similar language was incorporated in SB 240 by Sen. Larry Walker (R-Perry) that also relates to state retirement and pension plans, but that bill did not pass.

Tax Code. HB 454 by Rep. Shaw Blackmon (R-Bonaire) incorporates changes to the state tax code from federal tax code changes passed in prior years becoming effective in the current year and adds a pandemic definition to the current force majeure clauses affecting construction of large-scale projects. The bill passed the House, was amended, and reported by the Senate Finance Committee. The bill was further amended by the Senate Rules Committee but did not receive a floor vote. Text of the bill as passed the House was added to SB 56 by Sen. Chuck Hufstetler (R-Rome) that requires the state revenue commissioner to contract with the board of the Employees' Retirement System of Georgia to offer certain county tax commissioners the option to participate in a state administered deferred compensation plan. Sen. Hufstetler was the Senate sponsor of HB 454. The amended SB 56 passed the House and Senate.

Tax Credit – Analysis. HB 581 by Rep. Shaw Blackmon (R-Bonaire) requires the Department of Audits and Accounts to annually analyze a prioritized list of various tax credits. The bill passed the House and is pending in the Senate Finance Committee.

Tax Credit – Rural Hospitals, Student Scholarship Organizations, Home Ownership. HB 101 by Rep. Clint Crowe (R-Jackson) adds free-standing emergency departments to organizations eligible for the Rural Hospital Tax Credit, requires the primary campus of the organization to be in a rural county, and raises the total appropriation for the credit to $80 million; increases the appropriation for the Student Scholarship Organization Tax Credit to $120 million in 2023 and $130 million for subsequent years; and creates a new tax credit for contributions made to a not-for-profit organization that makes mortgage loans to individuals to promote home ownership or improvements for the disadvantaged. The bill passed the House and is pending in the Senate Finance Committee.

Tax Credits – Rural Physician. HB 82 by Rep. Mack Jackson (D-Sandersville) limits eligibility for the existing rural physician tax credit to persons qualifying as a rural physician on or before December 31, 2023. The bill creates a new tax credit for rural physicians, dentists, nurse practitioners, and physician assistants. The bill passed the House, amended, and reported by the Senate Finance Committee, scheduled for a floor vote by the Senate Rules Committee, but was tabled in the Senate where the bill remains. The Senate sponsor was Sen. Max Burns (R-Sylvania). The bill is pending in the Senate Finance Committee.

Telephone Solicitations. SB 73 by Sen. Blake Tillery (R-Vidalia) provides for class action suits and for damages against certain persons for violating provisions relating to telephone solicitations. The bill passed the Senate and was amended and reported from the full House Energies, Utilities, & Telecommunications Committee. The House passed the bill that contained additional amendments included by the House Rules Committee. The Senate added an additional amendment which was not agreed to by the House. The House sponsor is Rep. Tyler Paul Smith (R-Bremen).

Timber – Ad Valorem Tax Reduction. HR 96 by Rep. Noel Williams (R-Cordele) proposes an amendment to the Constitution to provide for a reduction in the rate of the ad valorem tax assessment of timber at sale or harvest. The bill passed the House and is pending in the Senate Finance Committee.

Title Pawn. HB 342 by Rep. Josh Bonner (R-Fayetteville) creates a regulatory structure for the title pawn industry. A hearing was held by the House Banks and Banking Committee which took no further action.

Wage Withholding. HB 267 by Rep. Tyler Paul Smith (R-Bremen) authorizes private causes of action for equitable relief regarding the failure of employers to comply with revenue provisions regarding employees, such as failure to properly withhold. The bill was reported by the House Judiciary Committee, later recommitted, reported again by the committee, but recommitted to the House Judiciary Committee when the session adjourned.

A few of the bills mentioned above had not been on our tracking list and you might wonder why they’ve been added now. In each case, the new bills were added as they were used to incorporate language from bills we were monitoring. It’s not uncommon for two or more bills to be combined, especially as each session draws to a close. Every bill we monitored, including all those that saw no action yet, may be found on the State Issues page on the GBA website.

We’ve been sharing stories about all sorts of Capitol traditions ranging from committee dinners to competitive sports competitions between members of the House and Senate. Another tradition is the annual list of best dressed legislators released by Atlanta Journal-Constitution’s Capitol correspondent Maya Prabhu. Among the honorees this year was one of the bankers serving in the legislature, SouthState Bank’s Scott Hilton (R-Johns Creek). When asked about his daily wardrobe choice that earned him the recognition, he said, “I keep it simple. I like just whites and blues and then a sharp tie. Pay attention to detail. And have everything pressed and cleaned and ironed and ready to go.” Sounds like a lot of bankers we know! The ten best dressed left to right and top to bottom are: Rep. Tyler Paul Smith (R-Bremen), Rep. Soo Hong (R--Lawrenceville), Rep. Inga Willis (D-Atlanta), Rep. Hilton, Rep. James Beverly (D-Macon), Rep. Teri Anulewicz (D-Smyrna), Sen. Rick Williams (R-Milledgeville), Sen. Shelley Echols (R-Alto), Sen. Tonya Anderson (D-Lithonia), and Sen. Nabilah Islam (D-Lawrenceville). Photo credit to AJC’s Natrice Miller.