Legislators Return to Chambers 
After meeting last week for budget hearings, the House and Senate returned in earnest on Monday, ticking four days off the legislative calendar.  Many standing committees met for the first time, allowing new members to introduce themselves and adopting rules that will govern committee proceedings for the balance of the two-year term. 

On Wednesday, Governor Brian Kemp delivered his annual State of the State address.  He focused on economic development projects and highlighted the need for a skilled workforce and affordable housing.  The Governor also addressed increased crime and changes to Georgia’s individual health insurance marketplace. 

Substantive committee action is expected to begin next week.  Lawmakers will be in session Monday through Thursday. ​

Bill Highlights:  H.B. 55 Department of Banking’s Housekeeping Bill 
H.B. 55 was introduced in the House by Rep. Bruce Williamson (R), Monore.  This is the Department of Banking and Finance’s Housekeeping bill.  The bill was assigned to the Banks & Banking Committee.   

The bill contains the following general clean-up provisions for supervision: 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 (O.C.G.A. §§ 7-1-4(35); 7-1-659); 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 (O.C.G.A. § 7-1-10);  c) providing that a bank or trust company can change its name without shareholder approval to align with O.C.G.A. § 14-2-1002(8) (O.C.G.A. § 7-1-551); d) providing that credit unions have the power to enter into agency relationships which aligns with the powers for banks found in O.C.G.A. § 7-1-261(d) (O.C.G.A. § 7-1-650(16)); e) providing that credit unions can have fiscal years that do not align with a calendar year so long as expressly set forth in the credit union’s bylaws (O.C.G.A. § 7-1-661); and f) renaming “central credit union” to “corporate credit union” as that is the phrase used nationally to refer to credit unions that provide services to other credit unions (O.C.G.A. § 7-1-669).  

For a summary of substantive changes to the Housekeeping bill, click here. 

The Banks & Banking Committee has H.B. 55 on their schedule for next Wednesday, February 1st at 3PM.   ​

Georgia Superior Court Clerks’ Cooperative Authority introduces FANS  
The Georgia Superior Court Clerks’ Cooperative Authority (GSCCCA), in conjunction the Superior Court Clerks of Georgia, has developed a free, consumer-friendly process that notifies property owners any time filings are made related to their registered property. The Filing Activity Notification System (FANS) https://fans.gsccca.org/ will also notify of filing activity related to personal property, liens and plats. FANS gives citizens a much-needed tool to monitor filing activity related to their property which could help prevent deed fraud. Registration is simple in that it only requires an email address or phone number.   Click here to read the press release. 

 The next legislative update will be available on February 3  

Budget Hearings Begin
On Tuesday, Governor Brian Kemp presented his budget priorities to the General Assembly from Davos, Switzerland where he was participating in a panel at the World Economic Forum.  He is proposing that the state return about $1 billion, with most taxpayers receiving between $250 and $500.  His budget also calls for a cost-of-living adjustment for state employees.
 
The General Assembly will adopt two budgets.  The first adjusts state spending through the end of the current fiscal year, which runs until June 30.  The second larger budget begins July 1 and estimates about $32.4 billion in state revenue.
 
With the Governor’s balanced budgets as a starting point, the House Appropriations Committee will make adjustments to reflect their own priorities.  The Senate will do the same.  The bills will eventually move to a conference committee to iron out remaining differences before both chambers give final approval and send them to the Governor for authorization and enactment.
 
Lawmakers will return in earnest on Monday for a four-day work week and the pace of session will quicken.  Next week’s report will feature newly introduced legislation of interest.

​Governor’s Announces Floor Leaders
​On January 19, Governor Brian Kemp announced his Floor Leaders.  Because the Governor is not a member of the legislature, the office relies on specific members in the House and Senate to advance priority measures.  Floor leaders include:

​Of particular interest to the Association, both Sen. Hodges and Rep. Wade have banking backgrounds.  Hodges was the founding director and senior officer of the First Bank of Brunswick until it was acquired by Ameris Bank in 2001.  He now serves as president of its southeast Georgia coastal market.  Rep. Wade is the Senior Vice President of Commercial Lending at River City Bank in Rome and was previously with Pinnacle Bank and others.

2023 Session Underway
The Georgia General Assembly convened for the first day of the 2023 session on Monday, January 9.  The pomp and circumstance began with the swearing-in of House and Senate members elected in November, as well as the election of new leadership in both chambers.  Click here for additional information (pdf) on leadership.
 
Governor Kemp and other constitutional officers were sworn in Thursday morning on the Georgia State University campus, just steps from the Capitol.  Later that evening, supporters attended the inaugural gala.
 
Friday capped off a celebratory week for the state, but the real work begins next week.  After observing the Martin Luther King, Jr. holiday on Monday, members of the House and Senate Appropriations Committees will convene for budget hearings.  The legislature will next gavel in on Monday, January 23 and a deluge of bills will be introduced at that time.

Sen. Carden Summer Named Banking and Financial Institutions Chair
On Thursday, Lt. Governor Burt Jones released committee rosters and leadership positions for the 2023-2024 legislative session.  Sen. Carden Summers (R-Cordele) has been named Chair of the Senate Banking and Financial Institutions Committee.  This committee has general jurisdiction over financial institutions, real property finance, and corporate securities law.
 
Summers is a farmer, local business owner, and real estate broker.  He was a Crisp County Commissioner for six years before seeking higher office.  He won a special election in the Senate in early 2020 and secured a full term later that year.  This is his first chairmanship assignment; he has not previously served on the Banking and Financial Institutions Committee.

Schedule Announced
Amid the celebrations, the House and Senate took the unprecedented step of releasing the full forty-day legislative calendar as one of their first official acts.  Aside from a few exceptions, the legislature will be in session Monday through Thursday each week.  Crossover Day is slated for March 6 and the final day is scheduled for March 29.  These dates are subject to change as circumstances dictate.

​Legislature Convenes Monday
The Georgia General Assembly will convene for the first day of the 2023 session on Monday, January 9.  The day will begin with the swearing-in of members of the House and Senate elected in November.  As the first year in a two-year legislative cycle, no legislation from previous sessions carries over.
 
Several lawmakers will travel to Los Angeles Monday afternoon to attend the college football national championship game featuring the University of Georgia.  No business is expected on Tuesday, and we anticipate a return to session on Wednesday, with inaugural festivities for Governor Brian Kemp and other constitutional officers later in the week.
 
What We’re Watching
While the first days of a new session are largely ceremonial, important administrative actions also take place.  The House and Senate will officially install their internal leadership, which includes significant turnover.  Jon Burns will be elected to his first term as Speaker of the House following the resignation and subsequent passing of David Ralston.  We are also watching for the announcement of new committee chairs and committee assignments, as more than 50 new lawmakers are brought on board.
 
Runoff Elections
Several pockets of the state remain in election mode.  Most races will be determined on January 31 and victors will be seated in the legislature immediately.  Republicans are expected to maintain each of these four seats:

Democrats in the House and Senate recently caucused to select new internal leadership for the upcoming session.  A brief report detailing those changes is attached. 
 
Assembled profiles on each of the newly elected incoming lawmakers. This document provides relevant professional, political, and educational background that is helpful for getting to know the 53 new members of the House and Senate.  

CBA extends our sincere sympathy to the family and friends of Speaker David Ralston, who passed away on November 16, 2022 after an extended illness.  Speaker Ralston has been a trusted leader of our state and a friend to our community bankers. 

​Link to press release.

CBA, other financial trade associations, and the Department of Banking and Finance have all worked together with the Georgia Department of Revenue (DOR) to make significant revisions to the Memorandum of Agreement for the delinquent taxpayer data match search.  O.C.G.A. § 48-2-1 outlines the information that the DOR may request from financial institutions on not more than a quarterly basis.  The search will assist DOR with the identification of assets held by financial institutions on behalf of delinquent taxpayers who owe unpaid taxes to the State of Georgia.  The new Memorandum of Agreement that has been negotiated mirrors the requirements of the law without an undue additional burden to our financial institutions.  The finalized Memorandum of Agreement can be found here.  A special thank you to Michael White with James-Bates-Brannan-Groover-LLP for his involvement on this project to protect the interests of our institutions.  In the event you have questions about the agreement, DOR’s Deputy General Counsel Dominick Capotosto at dominick@capotosto@dor.ga.gov would be willing to talk with you or your institution’s attorney.  Feel free to also contact Michael White with JBBG or CBA’s Lori Godfrey with any concerns that you may have as well.   

On Thursday, July 7, 2022, the Department adopted Final Rules. The Rules were filed with the Secretary of State on July 7, 2022, and, pursuant to O.C.G.A. § 50-13-6, will be effective on July 27, 2022, which is twenty (20) days following the filing of the Rules with the Secretary of State.
​
Prior to adopting the Rules, the proposed Rules along with a synopsis were distributed on June 1, 2022. The Department received five written comments in support of the proposed Rules. The Department fully considered the comments it received and made a substantive revision to Rule 80-1-12-.01. The Department believes that the Rules as adopted encourage safety and soundness, encourage safe and fair mortgage lending, and conform to the law.

To view or download a copy of the Final Rules, go to the DBF Regulations page on the Department’s website at  https://dbf.georgia.gov/laws-regulations-rulings-and-publications/dbf-regulations and select the appropriate link for the Final Rules, OR you may access them directly from the link below.
 

• 2022 DBF Final Rulemaking 7-7-2022.pdf

​Tuesday was Georgia's Primary Runoff Election.  A runoff is required by law in all contests where no single candidate received more than fifty percent of the vote in the May 24 Primary.

Two incumbent House members were drawn into the runoff.  Roger Bruce (D-Atlanta) bested his opponent by eight points.  Sheri Gilligan (R-Cumming) was defeated by Carter Barrett.  Seven other open House races required runoffs.
 
In southeast Georgia, Mike Hodges won the Republican nomination for Georgia Senate and Rick Townsend the Republican nomination for Georgia House over Bob Duncan. 

All of the statewide action was focused on Democrats.  Rep. Bee Nguyen cruised to victory in the runoff for Secretary of State.  She will face Republican Brad Raffensperger in November.

Charlie Bailey bested Kwanza Hall in the Lt. Governor's race, while Janice Laws Robinson won out over Raphael Baker to be the Democratic nominee for Insurance Commissioner.  The victors will face Sen. Burt Jones and incumbent Commissioner John King, respectively.

Slates for the critical November 8 General Election are now set.  With a high profile Governor's race and significant races at the federal level, Georgia is likely to be front and center nationally as we move into the next phase of the 2022 midterm election.

Primary Election Recap
Tuesday, May 24 was Primary Election Day in Georgia.  As of this morning on May 25, roughly 98% of precincts statewide had completed their reporting; current vote tallies may not include absentee or provisional ballots.  Here are highlights from yesterday’s contests.

Governor
Shortly after 8:30pm, less than two hours after polls closed, media outlets called the Republican Governor’s race for incumbent Brian Kemp.  His win over former US Senator David Perdue was stronger than recent polling suggested, with Kemp amassing 74% of the vote.  Stacey Abrams secured her spot as the Democratic Party’s nominee without an intraparty contest, setting up a rematch of Georgia’s 2018 General Election.

Lt. Governor
A mind-boggling 14 candidates qualified for the state’s second-in-command after Geoff Duncan announced he would not seek a second term.  Trump-backed state Senator Burt Jones narrowly avoided a runoff against former Senate President Pro Tempore Butch Miller.  On the Democratic side, former Atlanta Councilman Kwanza Hall and lawyer Charlie Bailey will face off in a June 21 runoff, after neither secured more than half of the votes cast yesterday.

Secretary of State
Incumbent Secretary of State Brad Raffensperger bested three challengers yesterday, including Trump-endorsed Congressman Jody Hice.  Current House member Bee Nguyen and former House member Dee Dawkins-Haigler will go head-to-head in a Democratic Primary Runoff to determine who will face Raffensperger in November.

Attorney General
Incumbent Republican Chris Carr survived a challenge and will face Democrat Jen Jordan in the General Election.

Insurance Commissioner
Insurance Commissioner John King faced voters for the first time yesterday since being appointed to his post by Governor Kemp in 2019.  He won with 70% of the vote.  The top two Democratic candidates are headed for a runoff; notably, House member Matthew Wilson received the fewest votes and will not complete in the runoff.

State Senate
In the state Senate, sixteen incumbents faced a challenger.  None were drawn into a runoff or outright defeated yesterday.  The real action was in the ten open seats, which featured six current or former House members making a run for the upper chamber, including Democrat Derek Mallow in Savannah and Republicans Ed Setzler and Shelly Echols in Acworth and Gainesville, respectively.  Republicans Mike Hodges and Jeff Jones will compete in a Runoff to represent the Brunswick area.  27 seats are contested in November’s General Election.

State House
Six incumbent legislators were drawn into the same district following reapportionment in 2021, guaranteeing at least three incumbents would lose.  The highest-profile loss is Republican Bonnie Rich, who serves as Majority Caucus Chair and was Chair of the House’s reapportionment committee in 2021.  Rich lost to David Clark.  Other victorious paired incumbents include Shelly Hutchinson in Snellville and Danny Mathis in Cochran.  Incumbents Sheri Gilligan (R-Cumming) and Roger Bruce (D-Atlanta) were both drawn into a June 21 Runoff.  Tim Fleming, former Chief of Staff to Governor Kemp, and Doug Stoner, former state Senate member and PSC candidate, were both successful in yesterday’s primary and will go on to compete in the General Election.

Public Service Commission
Incumbent Republican Commissioners Fitz Johnson (District 3) and Tim Echols (District 2) both avoided challengers in yesterday’s primary race.  Johnson will face Shelia Edwards in November.  A last-minute ruling by a Fulton County Superior Court Judge caused some confusion in the District 2 Democratic race, although it appears Patty Durand is headed to the General Election to face Echols.

Federal: US Senate
Democrat US Senator Raphael Warnock was victorious in a January 2021 runoff to complete the remainder of former Senator Johnny Isakson’s term.  Warnock stands for reelection again this cycle for a new six-year term.  Trump-endorsed UGA football legend Herschel Walker routed the competition and will go head-to-head with Warnock in the General Election, in what is sure to be one of the most-watched (and expensive) US Senate races in the country.

Federal: US House
Incumbent Democrat Lucy McBath was drawn into incumbent Democrat Carolyn Bourdeaux’s congressional seat during reapportionment.  McBath challenged her colleague and won by a wide margin in District 7.  Two open Congressional seats are headed for a runoff.  Republicans Jake Evans and Rich McCormick will compete for the nomination in District 7.  In District 10, both parties require a runoff; the Republican runoff will include Trump-endorsed Vernon Jones.

April 4, 2022
 
After a day full of debate, motions, votes, and emotional farewells, the House and Senate adjourned sine die in the early moments of April 5. 
 
Measures approved by both chambers now head to the second floor of the Capitol for review by the Governor and his team.  Governor Kemp has already signed more than 280 items into law this year, most of them local bills necessitated by the 2020 census and resulting local redistricting.  He has forty days, until mid-May, to act on legislation from the 2022 General Assembly.
 
Legislators now return home and move to campaign mode.  Sixteen Senators and 48 Representatives face an opponent in the May 24 Primary.  A dozen others are seeking higher, statewide office.  They will spend the 50 days engaging voters and raising funds.
 
The final days of the General Assembly are frenetic.  This report represents our best effort to accurately describe relevant legislation.  We will send notice should we discover an error or omission.  

Eligible for Enactment by the Governor
H.B. 1437 Income Tax Rate Reform by Rep. Shaw Blackmon (R), Bonaire.  As introduced, HB 1437 created a flat income tax of 5.25%, increased the standard exemption, and eliminated many deductions.  In the version agreed to by both chambers, the tax rate reduction is phased in over several years, subject to annual performance benchmarks.  It also revises personal exemptions and itemized deductions.  Approving this historic tax cut was one of the final actions taken by the General Assembly in the 2022 session.
 
H.B. 974 Electronic Filing of Deeds, Mortgages, and Lines by Rep. Joseph Gullett (R), Dallas.  The final version requires clerks of the superior court to offer electronic filing but does not require all documents to be filed electronically.  Lawmakers expressed concern about how an electronic mandate could impact smaller counties and impede individuals from filing documents.
 
H.B. 620 Settlements involving Claims of Minors by Rep. Rob Leverett (R), Elberton.  It increases the maximum amount of value of a minor’s personal property or anticipated settlement that may be received by the minor’s guardian without becoming a conservator from $15,000 to $25,000.
 
H.B. 916 Superior and State Court Appellate Practice Act by Rep. Rob Leverett (R), Elberton.  The Senate adopted the bill unanimously on April 4, sending it to the Governor.  HB 916 represents a significant revision to the procedure to appeal from a lower judicatory to superior or state court.  It requires courts to render decisions on merits rather than procedural grounds except in certain circumstances.
 
H.B. 733 Guaranteed Asset Protection Waiver by Rep. Tyler Paul Smith (R), Bremen.  HB 733 revises the definition of a Guaranteed Asset Protection waiver to allow a waiver contract to be issued with or without a separate fee.  The waiver may also provide a benefit that waives an amount or provides the borrower with a credit toward the purchase of a replacement vehicle.  The bill was amended by the Senate Rules Committee to include language from SB 487 dealing with breast cancer screenings.  The House agreed to the Senate changes.
 
S.B. 96 Veteran Health ID Cards for Notaries by Sen. Lester Jackson (D), Savannah.  The bill is now eligible for enactment by the Governor.
 
H.B. 586 Georgia Economic Recovery Act of 2021 by Rep. Sam Watson (R), Moultrie.  As introduced last year, HB 586 was a tax exemption omnibus, touching everything from concrete mixers to projects of regional significance.  Much of that language was stripped from the version considered this year.  It now extends a sales tax exemption on tickets to certain fine arts performances and extends a tax credit for the qualified donation of real property.
 
H.B. 389 Change Definition of Employment by Rep. Todd Jones (R), South Forsyth.  HB 389 defaults most workers to “employees” unless the Department of Labor makes a contrary determination.  The bill has exemptions for gig workers and certain music industry professionals.
 
H.R. 1149 Regulation, Affordability, and Access to Housing by Rep. Dale Washburn (R), Macon.  HR 1149 authorizes the creation of the House Study Committee on Regulation, Affordability, and Access to Housing.  Rep. Washburn championed unsuccessful legislation on behalf of build-to-rent developers (HB 1093).  While study committee resolutions typically enjoy unanimous support, the vote to authorize HR 1149 was 114-43.
 
S.B. 319 Georgia Constitutional Carry Act of 2021 by Sen. Jason Anavitarte (R), Dallas.  The House adopted an amended version of the bill on March 30.  The Senate agreed to the changes on April 1, sending it to the Governor.
 
S.B. 116 Maternity Supportive Housing by Sen. Randy Robertson (R), Cataula.  It allows for the registration of residences that provide housing for pregnant and postpartum women.  The Senate agreed 32-22 to the House version of the bill on April 4.
 
S.B. 345 Prohibit Vaccine Passport by Rep. Jeff Mullis (R), Chickamauga.  It prohibits state and local governments from requiring proof of COVID-19 vaccination as a condition of receiving government services or accessing government facilities.  The House included language to exempt certain federal contractors.  On a party-line vote, the Senate agreed to the changes on April 4, sending it to the Governor.
 
 
LOST
H.B. 1350 Notices to Beneficiaries Regarding Probate Wills by Rep. Will Wade (R), Dawsonville.
H.B. 1352 Disposition of Unclaimed Property and Certain Wills by Rep. Vance Smith, Jr. (R), Pine Mountain.
H.B. 428 Computer Equipment Sales Tax Exemption by Rep. Chuck Martin (R), Alpharetta.
H.B. 681 Financial Literacy by Rep. Bill Yearta (R), Sylvester.
H.B. 899 LIBOR by Rep. Bruce Williamson (R). Monroe. 
H.R. 1026 Economic Development Opportunities and Sources of Investment Funding by Rep. Yasmin Neal (D), Jonesboro. 
S.B. 364 Telephone Solicitations by Sen. Blake Tillery (R), Vidalia.
S.B. 374 Data Analytic Center by Sen. Blake Tillery (R), Vidalia.
S.B. 45 Licensing by Sen. Bruce Thompson (R), White. 
 
 
New Bills
H.B. 1640 Debtor-Creditor Overhaul by Rep. Marvin Lim (D), Norcross.  Introduced on the final day of session, H.B. 1640 proposes several changes to various laws dealing with the debtor-creditor relationship, including:

• Requiring creditors to verify a lender’s ability to repay for certain loans.
• Makes a creditor’s failure to provide certain information connected to a debt collection an unlawful trade practice.
• Requires a bank to immediately send a notification an explanation of overdraft fees.
• Establishes a new procedure for debt collection arising from revolving credit agreements.
• Establishes a statute of limitations expiration regarding consumer debt collection actions.

March 28, 2022 to April 1, 2022
 
Push to the Finish
 
The House and Senate have two legislative days left in the 2022 session.  Barring any derailments with the budget or leadership’s priority legislation, the General Assembly will conclude its business in the waning hours of Monday, April 4.
 
The primary threats this time of year are amendments and committee substitutes.  Often, entire bills are stripped and language from another measure inserted, leaving only the original bill number.  As the second in a two-year legislative cycle, measures leftover from 2021 that have not been active this year find new life.  Bills that were defeated before Crossover attempt a revival.  It takes constant vigilance to ensure amendments do not sneak through unnoticed.
 
The procedural quirks of each chamber are also on full display.  The Senate, for example, held a three-hour Rules Committee meeting on Thursday to set a single debate calendar with more than 80 measures to govern the final two days.  While it would be unusual for the committee to reconvene, a recent change to procedural policies makes it possible.  The House Rules Committee, on the other hand, will meet multiple times during each of the remaining days, setting short supplemental debate calendars each time.  Both chambers have their own way of muscling through key language as they make their final push towards the finish line.

H.B. 1610 Local Government Investment Policies by Rep. Bruce Williamson (R), Monroe.  The bill requires local governments to adhere to an investment policy describing the objectives, including the safety of capital, sufficient liquidity, management, and reduction of portfolio risks.  CBA has spoken with the author of the bill to express concerns with the section 36-83A-7 of the bill as it relates to bank deposits held for investment purposes.  We will continue to work with the author of the bill if the bill progresses.
 
H.R. 1149 House Study Committee on Regulation, Affordability, and Access to Housing by Rep. Dale Washburn (R), Macon.  The resolution was assigned to the Small Business Development Committee.
 
S.B. 644 Inspection of Converted Motor Vehicles by Sen. Clint Dixon (R), Buford.  The bill requires that the Department inspect converted motor vehicles before a certificate of registrations is issued.  Converted motor vehicles means “any unconventional motor vehicles that has been altered from the original manufactured condition by an owner or third party”.  The bill was assigned to the Public Safety Committee.
 
S.R. 741 Study Committee on the Creation of a Georgia Cybersecurity Force by Sen. Jason Anavitarte (R), Dallas.

​All updates are current as of the writing of the blog.
 
Eligible for Enactment by the Governor
 
H.B. 477 Qualified Donations of Real Property by Rep. Sam Watson (R), Moultrie.  The substitute bill was passed by the Senate with a vote of 47-0.  The House agreed to the Senate substitute with a vote of 97-73.
 
H.B. 961 Apportionment of Awards of Damages by Rep. Chuck Efstration (R), Dacula.  The bill was passed by the Senate Judiciary Committee.  The bill was passed by the Senate with a vote of 52-0.
 
H.B. 997 Ad Valorem Timber Exemption by Rep. Sam Watson (R), Moultrie.  The bill was passed by the Senate with a vote of 50-1, sending it to the Governor’s desk.
 
H.B. 1088 Nonjudicial Foreclosure for Time-Share Estates by Rep. Stan Gunter (R), Blairsville.  The bill was passed by the Senate with a vote of 51-1.
 
S.B. 332 Inform Consumers Act by Sen. John Albers (R), Roswell.  The bill was passed by the House on March 28 with a vote of 155-4.  On March 30, the Senate agreed to the House substitute with a vote of 51-0.  The bill is now eligible for the Governor’s signature. 
 
S.B. 363 Solicitations for Corporate Filings or Labor Posters by Sen. Blake Tillery (R), Vidalia.  The bill was passed by the House with a vote of 169-0.
 
S.B. 470 Felony Convictions for Mortgage Lenders and Brokers by Sen. Randy Robertson (R), Cataula.  This bill allows convicted felons to be employed by mortgage lenders or mortgage brokers if they are not involved in mortgage loan-related activities.  According to the author, this more closely aligns Georgia code to federal laws.  Similar language already applies to several other industries licensed by the Department of Banking and Finance.  The bill was passed by the House with a vote of 142-1 and is now eligible for the Governor’s signature.
 
 
Needs Agreement
 
For a bill to be eligible for enactment, it must pass both chambers in exactly the same form.  It is very common for the second chamber to adjust bills.  Whether it adds one word or replaces the content entirely, the bill must return to the original chamber for approval.  In most cases, agreement represents final action and will send the measure to the Governor.  However, agreement is not guaranteed; many bills make it to day 40 only to fall short for lack of an “agree.”
 
H.B. 586 Georgia Economic Recovery Act of 2021 by Rep. Sam Watson (R), Moultrie.  The Senate Finance Committee added language regarding a fine arts sales tax exemption a tax credit for qualified donations of real property.  The substitute bill was passed by the Senate on March 29 with a vote of 50-1. It now returns to the House for an agree.
 
H.B. 620 Settlements involving Claims of Minors by Rep. Rob Leverett (R), Elberton.  The Senate’s version contemplates situations when the gross settlement is more than $25,000.  The substitute bill was passed by the Senate with a vote of 46-4 and requires an additional vote in the House.
 
S.B. 319 Georgia Constitutional Carry Act of 2021 by Sen. Jason Anavitarte (R), Dallas.  The bill was passed as a substitute by the House with a vote of 100-67.  The Senate must now agree to the changes made in the House.
 
S.B. 345 Prohibit Vaccine Passports by Rep. Jeff Mullis (R), Chickamauga.  The House added language to carve federal contractors out of the prohibition.  A substitute bill was passed by the House with a vote of 99-67.  It now returns to the Senate for agreement.
 
S.B. 374 Data Analytic Center by Sen. Blake Tillery (R), Vidalia.  The bill was passed as a substitute by the House Judiciary Committee after it added language to clarify the collection and remittance of certain fees paid to state departments and agencies.  The bill was passed by the House with a vote of 163-0.  The Senate must now agree to the changes made in the House.
 
 
Scheduled for Debate in the Senate on Day 39 or Day 40
 
H.B. 389 Change Definition of Employment by Rep. Todd Jones (R), South Forsyth.  The bill was passed as a substitute by the Senate Insurance and Labor Committee.  After adoption by the Senate, it needs an “agree” in the House.
 
H.B. 428 Aquarium and Civil Rights Museum Sales Tax Exemption by Rep. Chuck Martin (R), Alpharetta.  The Senate Finance Committee completely gutted this bill.  It originally granted a sales tax exemption for certain computer equipment; it now contains a sales tax exemption on materials used in the renovation or expansion of the Georgia Aquarium and the National Center for Civil and Human Rights in Atlanta.  This new language will require approval in the House.
 
H.B. 681 Financial Literacy by Rep. Bill Yearta (R), Sylvester.  The bill was passed as a substitute by the Senate Education and Youth Committee.  The committee struck the language that had been inserted to make the bill about Homeschool Sports and reverted it to its original subject matter.  It requires the Professional Standards Commission to establish appropriate requirements for a mandatory course of instruction in financial literacy for students in high school.
 
H.B. 916 Superior and State Court Appellate Practice Act by Rep. Rob Leverett (R), Elberton. The bill was passed by the Senate Judiciary Committee.  Passage by the Senate will send the bill to the Governor.
 
H.B. 974 Deed Requiring Electronic Filing by Rep. Joseph Gullett (R), Dallas.  The bill was passed as a substitute by the Senate Judiciary Committee.  The bill was changed to make electronic filings optional for all counties and allows for mailed documents.
 
H.B. 1008 Georgia Achieving a Better Life Experiment (ABLE) by Rep. Lee Hawkins (R), Gainesville.  In 2016, the author pushed legislation to establish the ABLE program.  It is modeled after 529 education savings plan and allows disables individuals to save private funds in tax-exempt accounts to pay for qualified disability expenses without being ineligible for disability benefits for possessing in excess of $2,000 in assets.  This year’s legislation makes changes to program governance and removes the maximum contribution amount currently allowed per beneficiary. 
 
H.B. 1437 Income Tax Rate by Rep. Shaw Blackmon (R), Bonaire.  As introduced, the bill cut the income tax rate from a maximum of 5.75% to a flat 5.25% and increased the standard deduction.  The Senate Finance Committee has opted for a more cautious approach, phasing the tax rate reduction in gradually subject to annual benchmarks.  The bill was passed as a substitute by the Senate Finance Committee.  This bill has the potential to become a major sticking point in the final days of session.
 
Pending in the House Rules Committee
 
H.R. 1026 Economic Development Opportunities and Sources of Investment Funding by Rep. Yasmin Neal (D), Jonesboro.  The resolution was passed by the Economic Development & Tourism Committee. 
 
S.B. 45 Licensing by Sen. Bruce Thompson (R), White.  The bill was passed as a substitute by the House Regulated Industries Committee and is now a combination of SB 561 dealing with licensed trades and HB 430, relating to the licensure of advance practice registered nurses.
 
S.B. 96 Veteran Health ID Cards for Notaries by Sen. Lester Jackson (D), Savannah.  The bill was passed by the House Defense & Veterans Affairs Committee. 
 
S.B. 116 Maternity Supportive Housing by Sen. Randy Robertson (R), Cataula.  The bill was passed as a substitute by the House Health & Human Services Committee.
 
S.B. 364 Telephone Solicitations by Sen. Blake Tillery (R), Vidalia.  The bill was passed as a substitute by the House Judiciary Committee.