Legislative Days 20-24
February 22, 2021, to February 26, 2021
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What a week it has been. It was a five-day push under the Dome. There are lots of discussions as to when Crossover day will occur.  Crossover is the last day that a bill can pass in one chamber and be sent to the next chamber.  Bills that do not get a floor vote by crossover day generally will not be passed for this year.  Today, an adjournment schedule was discussed that shows Crossover day as Day 28 (March 8th).  The resolution outlines that Sine Die (or the last day of the session) will be March 31st.  We are on the home stretch for this session.  Lori and I continue to stay afoot of every bill we are interested in as the whole machine keeps chugging along.  There is still the heavy restriction down at the Dome due to COVID-19. It means that while remoting, I have had multiple monitors up and running, listening to multiple meetings take place this week as every committee has had a full schedule.
 
There was lots of controversy on the floors for difficult election reformation, law enforcement reformation, and weapon carry license reciprocity bills.  Even though bills are limited to a one-hour debate on the floor, many have gone over due to extensive deliberation. You can tell that our legislators are passionate about these bills and are debating them as much as possible to make sure these bills are as good as can be prior to passage. One bill that did not have any controversy that we liked seeing move through smoothly from the House into the Senate was the DBF's Housekeeping bill (H.B. 111). The Senate introduced the bill on Monday and referred it to the Senate Banking and Financial Institutions. On Thursday, the bill was presented to the committee, and the bill received a vote of DO PASS.
 
Friday’s calendar is full and there are a number of bills that will be voted upon.  The blog is up to date as of noon on Friday.  We will update any important matters in next week’s advocacy update.  

For your reference, we have a tracking document that can be accessed at any time on our website that will show the bills we are tracking/monitoring. They are highlighted in different colors of importance for your convenience and are sorted from the top of the sheet by bill/resolution number. We are keeping everything up to date as much as possible, given the circumstances surrounding the pandemic.
 
H.B. 465 was introduced in the House last week  by Rep. Joseph Gullett (R), Dallas. The bill relates to counties and municipal corporations and prohibits local governments from imposing civil penalties upon an alarm systems contractor for a false alarm through no fault of the alarm systems contractor. The bill was assigned to the Governmental Affairs committee. This week, the bill was presented in the House Governmental Affairs General Government subcommittee. There was an extensive discussion with several testimonies on the bill. Rep. Gullett disclosed that most Georgia cities already have ordinates in place to charge the individual or business of a false alarm for public safety and emergency services. The bill received a vote of DO PASS.
 
H.B. 532 was introduced in the House by Rep. Bill Werkheiser (R), Glennville. The bill relates to labor and industrial relations and provides the Commissioner of Labor authorization to designate peace officers to carry out and enforce provisions relating to labor and industrial relations. The bill was assigned to the Industry & Labor committee.  The bill was presented in the House Industry & Labor committee. There was a discussion on the bill for these new investigators' need to respond to unemployment benefit fraud complaints. There were some clarifying questions on the bill, and the committee decided to hold the bill till a later meeting.
 
H.B. 549 was introduced in the House by Rep. Bee Nguyen (D), Atlanta. The bill relates to sex discrimination in employment by creating the "Georgia Safe Workplace Act." The bill was assigned to the Judiciary committee. 
 
H.B. 550 was introduced in the House by Rep. Marvin Lim (D), Norcross. The bill relates to real estate brokers and salesperson and provides that a licensee's failure to disclose certain conflicts of interest is an unfair trade practice. The bill was assigned to the Judiciary committee.
 
H.B. 554 was introduced in the House by Rep. Stan Gunter (R), Blairsville. The bill relates to lis pendens and revises when an action may operate as a lis pendens. The bill was assigned to the Judiciary committee.  The bill was presented in the House Judiciary Gunter subcommittee. There was a discussion on the new process and procedure ​put into place by this bill to help the property owner. The bill received a vote of DO PASS by the subcommittee. The bill was then presented to the House Judiciary Full committee, where the process and procedure were further questioned. The bill received a vote of DO PASS.
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H.B. 561 was introduced in the House by Rep. Spencer Frye (D), Athens. The bill relates to condominiums and provides for a written disclosure in termination agreements and limits control of bulk owners over boards of directors during consideration of termination agreements. The bill was assigned to the Judiciary committee.
 
H.B. 563 was introduced in the House by Rep. Todd Jones (R), South Forsyth. The bill relates to sales and use tax and provides an exemption for certain high-technology data centers. The bill was assigned to the Ways & Means committee.
 
H.B 573 was introduced in the House by Rep. Philip Singleton (R), Sharpsburg. The bill relates to county boards of tax assessors and provides for the public restriction of property tax records by a county board of assessors of certain property owners. The bill was assigned to the Ways & Means committee.
 
H.B. 581 was introduced in the House by Rep. Martin Momtahan (R), Dallas. The bill relates to insurance and provides for requirements for settlement offers by insurers and certain notices and disclosures to claimants and insureds.  It will designate an unfair claims settlement practice and provides private cause of action for unfair trade practices.  The bill removes a provision related to private causes of action and prohibits the use of certain settlements in actuarial tables. The bill was assigned to the Special Committee on Access to the Civil Justice System committee.
 
H.B. 584 was introduced in the House by Rep. William Boddie (D), East Point. The bill relates to labor and industrial relations and provides for daily overtime pay for eligible employees. The bill was assigned to the Industry & Labor committee.
 
H.B. 587 was introduced in the House by Rep. Bruce Williamson (R), Monroe. The bill relates to revenue and taxation and provides a tax credit for medical equipment, supplies manufacturers, pharmaceuticals, and medicine manufacturers. The bill also relates to the Georgia Agribusiness and Rural Jobs Act and provides a second round of funding, the period of applications, a change in fees, and reporting. This is the same language from H.B. 500 by Rep. James Burchett (R) which was inserted into this bill. Finally, the bill relates to tax credits for Class III railroads and reporting to extend an income credit expenditures on railroad track upkeep maintenance. The bill was assigned to the Ways & Means committee.  The bill was presented in the House Ways & Means, Income Tax subcommittee. The bill lengthy and encompasses multiple industry sectors here in Georgia, including the Agribusiness and Rural Job Act. The bill received a vote of DO PASS by the subcommittee. The bill was then presented in the House Ways & Means Full committee. The bill was discussed section by section before the bill received a vote of DO PASS.
 
H.B. 592 was introduced in the House by Rep. Matthew Wilson (D), Brookhaven. The bill relates to COVID-19 pandemic business safety and clarifies the gross negligence standard in actions involving COVID-19 liability claims. The bill was assigned to the Special Committee on Access to the Civil Justice System committee.
 
H.B. 594 was introduced in the House by Rep. Kasey Carpenter (R), Dalton. The bill relates to sales and use taxes by expanding sales and use taxation to encompass certain digital goods and services transactions. The bill was assigned to the Ways & Means committee.
 
H.B. 598 was introduced in the House by Rep. Joseph Gullett (R), Dallas. The bill relates to uninsured motorist coverage under motor vehicle liability policies and revises the liability of an insurer upon refusal to pay an insured for any loss pursuant to uninsured motorist coverage under motor vehicle liability policies.  The bill was assigned to the Special Committee on Access to the Civil Justice System committee.
 
H.B. 607 was introduced in the House by Rep. Karen Bennett (D), Stone Mountain. The bill relates to the imposition, rate, computation, and exemptions for state income taxes. It will provide a Georgia Veterans Work Opportunity Tax Credit as a state income tax credit incentive for private sector employers to hire certain veterans. The bill was assigned to the Ways & Means committee.
 
H.B. 611 was introduced in the House by Rep. Mike Cheokas (R), Americus. The bill relates to small business assistance by changing the definition of "small business." The bill was assigned to the Small Business Development committee.
 
H.B. 616 was introduced in the House by Rep. Timothy Barr (R), Lawrenceville. The bill relates to the Georgia Technology Authority and requires GTA to study the potential implementation of a state-wide unique identification system and a centralized website for all businesses and legal entities. The bill was assigned to the Small Business Development committee.
 
H.B. 618 was introduced in the House by Rep. Bert Reeves (R), Marietta. The bill relates to the execution and attestation and provides elder abuse protections for wills. The bill was assigned to the Judiciary committee.
 
H.B. 620 was introduced in the House by Rep. Rob Leverett (R), Elberton. The bill relates to guardian and ward, wrongful death, and bond to clarify and revise procedures and requirements for the payment of certain settlements involving claims of minors. The bill was assigned to the Judiciary committee.
 
H.B. 636 was introduced in the House by Rep. William Boddie (D), East Point. The bill relates to labor and industrial relations and provides rest breaks for certain employees. The bill was assigned to the Industry and Labor committee.
 
H.B. 643 was introduced in the House by Rep. Rhonda Burnough (D), Riverdale. The bill relates to property tax exemptions and would terminate an exemption from ad valorem taxation for public property owned by a political subdivision outside of its territorial limits that is developed by grading or other improvements to the extent of at least 25 percent of the total land area and has facilities actively used for a public or governmental purpose. The bill was assigned to the Ways & Means committee.
 
S.B. 206 was introduced in the Senate by Sen. Nikki Merritt (D), Grayson. The bill relates to landlord and tenant and provides that a prospective tenant shall not be refused a rental or lease agreement solely based on a previous eviction during the COVID-19 public health emergency. The bill was assigned to the Judiciary committee.
 
S.B. 227 was introduced in the Senate by Sen. Harold Jones II (D), Augusta. The bill relates to eminent domain and provides an alternative process for a county, municipality, or consolidated government to condemn certain blighted properties. The bill was assigned to the Judiciary committee.
 
S.B. 238 was introduced in the Senate by Sen. Brian Strickland (R), McDonough. The bill relates to the Code of Georgia and provides revisions relating to the enactment of Code and clarifies the portions of the Code that do not have the effect of law. Also, the bill clarifies the oversight of the Code Revision Commission. The bill was assigned to the Judiciary committee.
 
S.B. 243 was introduced in the Senate by Sen. Jennifer Jordan (D), Atlanta. The bill relates to improper sexual contact by employee, agent, or foster parent, consent not a defense, and penalty. The bill was assigned to the Judiciary committee.

Remote Online Notary Bill:  The bill was presented in the Gunter subcommittee twice this week. The second presentation occurred on Monday, and the third presentation occurred on Wednesday.
 
During this time the CBA engaged in various discussions with key stakeholders regarding concerns with the legislation. As a result of these conversations, and after various attempts at other, less drastic language, the CBA offered a proposed change modeled after language contained in Remote Online Notary legislation in place in other states. Our proposed change would have made it clear that minor technical defects to the notarization process would not invalidate the notarial act in its entirety as we fear to be the case in the bill as drafted. Prior to the subcommittee meeting, we believed that most key stakeholders were in support of our proposal. However, during the subcommittee on Monday, several parties testified against our proposed change.
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In an effort to ensure the bill moves forward, we withdrew our requested language and the bill passed out of subcommittee on Wednesday afternoon. We expect for this bill to continue to be debated among interested parties throughout the remainder of the legislative process and we will continue to update you with any developments. 

All updates are current as of the writing of the blog
 
H.B. 63 Lease Vehicle Tax Exemption sponsored by Rep. Shaw Blackmon (R), Bonaire. The bill was voted on by the House and passed with a vote of 166 – 0. The bill was introduced in the Senate and assigned to the Finance committee.
 
H.B. 90 Timber Land Conversion sponsored by Rep. Bruce Williamson (R), Monroe. A substitute bill was presented to the Senate Banking and Financial Institutions Committee. There was some discussion over the purpose of the language changes for the substitute. The bill received a vote of DO PASS.
 
 
H.B. 149 "S" Corporation Tax bill sponsored by Rep. Bruce Williamson (R), Monroe. The substitute bill was voted on by the House and passed with a vote of 167 – 0.  The bill was introduced in the Senate and assigned to the Finance committee.
 
H.B. 241 Service Contract Insurance sponsored by Rep. Matthew Gambill (R), Cartersville. A substitute bill was voted on by the House and passed with a vote of 166 – 0.  The bill was introduced in the Senate and assigned to the Insurance and Labor committee.
 
H.B. 244 Food Risk Reduction bill sponsored by Rep. Don Hogan (R), St. Simon's Island. The bill was presented in the House Governmental Affairs committee. Rep. Hogan disclosed that this bill is the same one that passed the committee last session but died because of COVID-19. The bill received a DO PASS.
 
H.B. 292 Board of Equalization Training Requirement bill sponsored by Rep. Noel Williams, Jr. (R), Cordele. The bill was voted on by the House and passed with a vote of 165 – 0.  The bill was introduced in the Senate and assigned to the Finance committee.
 
H.B. 306 Remote Communication and Meeting bill sponsored by Rep. Stan Gunter (R), Blairsville. The bill was voted on by the House and passed with a vote of 169 – 0.  The bill was introduced in the Senate and assigned to the Judiciary committee.
 
H.B. 327 Organized Crime Act bill sponsored by Martin Momtahan (R), Dallas. The bill was presented in the House Judiciary Non-Civil Reeves subcommittee for a hearing only. The bill was extensively discussed and concerns were raised about risk, burden, liability, and lack of language clarity that were shared. There were several who testified in opposition to the bill. The bill will be held in the subcommittee for a later meeting.
 
H.B. 333 Georgia Transparency & Campaign Finance Commission bill sponsored by Rep. Chuck Efstration (R). The bill was presented for the second time in the House Judiciary full committee. Rep. Efstration said this is a substitute that addresses several of the language issues and changes several definitions. During the discussion, an amendment to the bill was presented and language was added to the bill. The substitute bill and amendment both received a vote of DO PASS
 
 
H.B. 336 Hemp Farming bill sponsored by Rep. John Corbett (R), Lake Park. The bill was presented in the House Agriculture & Consumer Affairs committee. An extensive discussion occurred with several testimonies against the bill and how much more restrictive it will be on the industry and its farmers.  The committee decided to add an amendment to the bill and substitute bill received a DO PASS.  The bill was voted on by the House and passed with a vote of 153-12. 
 
H.B. 363 Protection of the Elderly bill sponsored by Rep. John LaHood (R), Valdosta. The bill was presented in the House Judiciary Setzler Non-Civil subcommittee for the second time. There were no additional questions, and the bill received a vote of DO PASS.
 
H.B. 389 Employment Security Bill sponsored by Rep. Todd Jones (R), South Forsyth. The bill was presented in the House Industry and Labor committee for a second hearing. Changes to the bill from the previous meeting were presented for feedback, and more work will be need on the bill. The committee will hold on to the bill until a later meeting.
 
H.B. 397 Professional Employer Organization Workers Compensation for the Co-Employed bill sponsored by Rep. Bill Werkheiser (R), Glennville. The bill was presented in the House Industry and Labor committee for a hearing only. There was lots of concern and opposition to this bill by industry stakeholders. It was concluded that there is a gap in workers' compensation insurance, and it needs to be filled, which means someone is going to have to pay it.
 
H.B. 451 was introduced in the House by Rep. Eddie Lumsden (R), Armuchee. The bill was presented in the House Ways & Means, Ad Valorem Tax subcommittee. The Department of Revenue had an issue with the language that the subcommittee agreed on about being sure the exemption was only for COVID-19 related impact. The language will be corrected before full committee in a substitute. The bill received a vote of DO PASS.
 
H.B. 470 Sub-Condominium Plat Recording bill sponsored by Rep. Dale Washburn (R), Macon. The bill was presented in the House Judiciary Gunter subcommittee. Clarifying questions were asked and discussed on the bill and the new process it will put into place. The bill received a vote of DO PASS by the subcommittee. The bill was then presented to the House Judiciary Full committee. The bill received a vote of DO PASS.
 
H.B. 477 Qualified Donation of Real Property bill sponsored by Rep. Sam Watson (R), Moultrie. The bill was presented in the House Ways & Means, Income Tax subcommittee. Rep. Watson disclosed that this is only an extension of the already in place bill. It was disclosed that the previous bill saved over 50,000 acres of land. The bill received a vote of DO PASS by the subcommittee. The bill was then presented in the House Ways & Means Full committee. There was not much discussion, and the bill received a vote of DO PASS.
 
H.B. 480 Registered Interior Designer Lien bill sponsored by Rep. Dale Washburn (R), Macon. The bill was presented in the House Judiciary Gunter subcommittee. Discussion over the qualifications needed to become a registered interior designer was clarified. The bill received a vote of DO PASS by the subcommittee. The bill was then presented to the House Full committee. The presenter explained the current process and what this bill would resolve. The bill received a vote of DO PASS.
 
H.B. 482 Agricultural Land Prospect Tax bill sponsored by Rep. Marvin Lim (D) Norcross. The bill was presented in the House Ways & Means, ad valorem subcommittee for a hearing only. There was some clarifying discussion on the bill about the tax incentive process for condemned property to be converted to agricultural land. The subcommittee decided to table the bill for a later meeting.
 
H.B. 497 was introduced in the House by Rep. Chuck Efstration (R), Dacula. The bill was presented in the House Code Revision committee. It was disclosed this bill was the annual Code departments bill and there was not further discussion. The bill received a vote of DO PASS.
 
S.B. 116 Maternity Support Housing Bill sponsored by Sen. Randy Robertson (R), Catuala. The bill was voted on by the Senate and passed with a vote of 32 - 17
 
S.B. 143 Lien Conformity Statute bill sponsored by Sen. Lindsey Tippins (R), Marietta. The bill was presented in the Senate Judiciary Full committee. The author explained that he was changing the language for conformity, and the bill received a vote of DO PASS. The bill was voted on by the Senate and passed with a vote of 53 – 0. The bill was introduced to the House and assigned to the Judiciary committee.
 
S.B. 148 2021 Special Council on Tax Reform and Fairness for Georgians and the Special Joint committee on Georgia Revenue Structure bill sponsored by Sen. Chuck Hufstetler (R), Rome. The substitute bill was voted on by the Senate and passed with a vote of 54 – 0. The bill was introduced in the House and assigned to the Budget & Fiscal Affairs Oversight committee.
 
SB 156 Chief Labor Officer bill sponsored by Sen. Marty Harbin (R), Tyrone. The bill was presented with an amendment to the Senate Insurance & Labor committee. There was a discussion on the bill concerning if too much government overreach about having a hired individual having the same powers and abilities as the elected Commissioner of Labor. The bill received a vote of DO PASS.
 
S.B. 168 Telecommunication Meeting bill sponsored by Larry Walker III (R), Perry. The bill was presented in the Senate Judiciary committee. The committee decided to add an amendment to the bill for a single word change. The bill and amendment received a DO PASS by committee substitute.
 
S.B. 193 Mobile Home Property Tax Sticker bill sponsored by Sen. Jeff Mullis (R), Chickamauga. The bill was presented in the Senate Finance committee. The bill was explained that it would remove the requirement for mobile homes to display a decal showing they have paid their ad valorem taxes. The committee had no questions, and the bill received a vote of DO PASS. The bill was voted on by the Senate and passed with a vote of 52 – 0. The bill was introduced in House and was assigned to the Ways & Means committee.
 
S.B. 195 Department of Agriculture Hemp Farming Housekeeping bill sponsored by Sen. Jeff Mullis (R), Chickamauga. The bill was presented to the Senate Agriculture & Consumer Affairs committee. It was explained that the bill would correct certain unintentional loopholes in the current system. There was a discussion over the list of approved hemp farming practices. The Agriculture Commissioner has looked over and approved the bill's changes. The bill received a vote of DO PASS.
 
S.B. 201 Dept. of Revenues, Financial Institution Data Match bill sponsored by Sen. Chuck Hufstetler (R), Rome. The bill was presented in the Senate Finance committee. The bill would create a process for the Department of Revenue to request account information from financial institutions for delinquent taxpayers. The bill received a vote of DO PASS.  The bill was voted on by the Senate and passed with a vote of 47-1.  CBA still has concerns with language in this bill and plans to talk with members of the House to make changes to the bill in committee hearings.  

Legislative Days 17-19
February 16, 2021, to February 18, 2021

​It was a cold start to this week's session; we had a three-day schedule because of the President's day holiday. Even though there were only three days this week, both chambers and their respective committee meetings moved at full speed. The Governor started the week off by signing into law the General Assembly's Joint Supplemental Appropriations Act (budget bill).
 
Bills are being voted on left and right in both chambers as the heavily scheduled committee meetings are pushing bills through the legislative process. A few of the Governor and First Lady priority bills on the Senate side have been brought to the floor and passed. These bills have to do with the pandemic response and the First Lady's anti-human trafficking initiative. Election reform bills are now working their way through committees and will continue through the legislative process.
 
COVID-19 is still treated very seriously at the Capitol. Committee and subcommittee meetings were reminded to keep people coming to the Capitol to testify or speak on the bill to an absolute minimum. It was announced that there had been some instances in the smaller meeting rooms where social distancing was violated. If anyone wants to testify or speak on the bill, then they should contact the bill's author or contact the committee secretary ahead of time.  Remoting into the meeting to testify or share their concerns is being strongly encouraged.
 
One of the bills we are watching closely, Remote Notary Bill (H.B. 334), went to its first committee hearing. Lori Godfrey testified in front of the House Judiciary Gunter subcommittee about the concerns we have for community banks with the bill's current draft. To hear Lori testify,  visit our CBA of GA LinkedIn Post.  For more information on our concerns, visit last week's Weekly Update, where we highlighted the Remote Notary Bill and our thoughts and concerns. We understand the importance of this bill and are continuing to work very closely with all parties to have language inserted into a committee substitute that may mitigate our concerns.
mitigate our concerns.  

For your reference, we have a tracking document that can be accessed at any time on our website that will show the bills we are tracking/monitoring. They are highlighted in different colors of importance for your convenience and are sorted from the top of the sheet by bill/resolution number. We are keeping everything as up to date as much as possible, given the circumstances surrounding the pandemic.
 
H.B. 426 was introduced in the House by Rep. David Knight (R), Griffin. The bill relates to property tax sales regarding changing certain provisions regarding sales procedures under tax levies and executions. The bill was assigned to the Ways & Means committee.
 
 
H.B. 451 was introduced in the House by Rep. Eddie Lumsden (R), Armuchee. The bill relates to ad valorem tax exemptions on property to provide the optional determination by a taxpayer of the fair market value applicable to eligible finished goods inventory. The bill was assigned to the Ways & Means committee.
 
H.B. 467 was introduced in the House by Rep. Dar'shun Kendrick (D), Lithonia. The bill relates to collecting specific, business, and occupation taxes and prohibits certain counties when collecting occupation taxes or regulatory fees from requiring proof of a landlord's consent to the operation of a home business.  The bill was assigned to the Ways & Means committee.
 
H.B. 470 was introduced in the House by Rep. Dale Washburn (R), Macon. The bill relates to the regulation of specialized land transactions to provide that no design plans are required and no sub condominium plats recorded for units that are not designed by physical structures. The bill was assigned to the Judiciary committee.
 
H.B. 477 was introduced in the House by Rep. Sam Watson (R), Moultrie. The bill relates to tax credits for a qualified donation of real property, it extends the sunset date for application for the tax credits. The bill was assigned to the Ways & Means committee.
 
H.B. 480 was introduced in the House by Rep. Dale Washburn (R), Macon. The bill relates to creating a definition and priority of liens for labor, services, or materials performed or furnished by a "registered interior designer" for a work done on a property. The bill was assigned to the Ways & Means committee.
 
H.B. 482 was introduced in the House by Rep. Marvin Lim (D), Norcross. The bill relates to ad valorem taxation of property regarding valuation of lands.  The bill provides for urban agriculture incentive zones.  The bill was assigned to the Ways & Means committee.
 
H.B. 483 was introduced in the House by Rep. Spencer Frye (D), Athens. The bill relates to property owners’ association, covenants, and warranties and prohibits property owners' associations from creating or enforcing covenants which infringe upon a lot owner's right to install and use solar panel equipment on their property. The bill was assigned to the Judiciary committee.
 
H.B. 487 was introduced in the House by Rep. David Dreyer (D), Atlanta. The bill relates to excise tax on rooms, lodgings, and accommodations regarding an optional return of funds by a destination marketing organization. The bill was assigned to the Ways & Means committee.
 
H.B. 497 was introduced in the House by Rep. Chuck Efstration (R), Dacula. The bill relates to the Code Revision Commission regarding revising, modernizing, and correcting errors or omissions in the Official Code of Georgia Annotated. The bill was assigned to the Code Revision Committee.
 
H.B. 498 was introduced in the House by Rep. Sam Watson (R), Moultrie. The bill relates to property tax exemption and expands the exemption for agricultural equipment and certain farm products.  The bill was assigned to the Ways & Means committee.
 
H.B. 500 was introduced in the House by Rep. James Burchett (R), Waycross. The bill relates to the Georgia Agribusiness and Rural Jobs Act regarding providing a second round of funding, the period of applications, a change in fees, and reporting. The bill was assigned to the Ways & Means committee.
 
H.B. 504 was introduced in the House by Rep. Bruce Williamson (R), Monroe. The bill relates to the Georgia Agribusiness and Rural Jobs Act and provides a second round of funding for applications, increases an application fee and provides for an annual maintenance fee.  The bill also provides a tax credit for medical equipment, supplies manufacturers, pharmaceutical and medicine manufacturers. The bill was assigned to the Ways & Means committee.
 
H.B. 510 was introduced in the House by Rep. Houston Gaines (R), Athens. The bill relates to the imposition, rate, computation, and exemptions from income taxes regarding a nonrefundable earned income tax credit. The bill was assigned to the Ways & Means committee.
 
H.B. 524 was introduced in the House by Rep. Marvin Lim (D), Norcross. The bill relates to landlords and tenants and requires landlords to provide tenants with a notice of tenant's rights and responsibilities. The bill was assigned to the Judiciary committee.
 
H.B. 527 was introduced in the House by Rep. Yasmin Neal (D), Jonesboro. The bill relates the imposition, rate, computation, and exemptions from income taxes and provides a tax credit for employers that retain 90 percent of their full-time employees for a certain period. The bill was assigned to the Ways & Means committee.
 
H.R. 164 was introduced in the House by Rep. Marvin Lim (D) Norcross. The bill relates to the Georgia Constitution and General Assembly to provide general law for the valuation of open-space land subject to a contract for an agricultural incentive zone. The bill was assigned to the Ways & Means committee.
 
S.B. 154 was introduced in the Senate by Sen. Donzella James (D), Atlanta. The bill relates to property owners' associations and provides a cap on assessments by property owners' association for certain lots relative to mortgage costs.  The bill was assigned to the Judiciary committee.
 
S.B. 156 was introduced in the Senate by Sen Marty Harbin (R), Tyrone. The bill relates to labor and industrial relations and provides the authority of a Chief Labor Officer under the Department of Labor. The bill was assigned to the Insurance & Labor committee.
 
S.B. 168 was introduced in the Senate by Sen. Larry Walker III (R), Savannah. The bill relates to meetings and provides that corporations may hold annual shareholders' meetings and special shareholders' meetings by remote communication.  The bill is similar to H.B. 306 by Rep. Stan Gunter. The bill was assigned to the Judiciary committee.
 
S.B. 193 was introduced in the Senate by Sen. Jeff Mullis (R), Chickamauga. The bill relates to ad valorem taxation of property regarding mobile homes and requires that mobile homes procure and display decals.  The bill also revises the time for payment of related ad valorem taxes.  The bill was assigned to the Finance committee.
 
S.B. 195 was introduced in the Senate by Sen. Jeff Mullis (R), Chickamauga. The bill relates to Hemp farming by revising certain definitions for clarity. The bill was assigned to the Agriculture & Consumer Affairs committee.
 
S.R. 125 was introduced in the Senate by Sen. Lester Jackson (D), Savannah. The bill relates to the Georgia businesses and institutions regarding equitable and diverse gender representation on the boards and senior management. The bill was assigned to the Rules committee.

H.B. 522 was introduced in the House by Rep. Marvin Lim (D), Norcross, this week. The bill relates to the Department of Banking & Finance (DBF) and financial institutions and provides that community reinvestment evaluations will be conducted by the Department. The bill was assigned to the Banks & Banking committee. Information about this bill is still unfolding. The bill hasn't been to a committee hearing for explanation and advisement by the committee members. Based on the bill's current draft, CBA has concerns with the bill as drafted.  As written, the bill would require the DBF to have an entirely new examination program.  What budget considerations (salaries, office space, benefits, etc.) would the legislature give DBF to implement the new program?   Given the state of the budget, where would these funds come from?  The second concern relates to this bill leaving our state-chartered institutions at a disadvantage.  State-chartered institution would be subject to two community reinvestment act regimes instead of just one for federally-chartered institutions.  CBA plans to reach out to the sponsor of the bill to discuss the issues at hand for our community banks.  We will closely be watching the progression of this bill. 
 
S.B. 201 was introduced in the Senate by Sen. Chuck Hufstetler (R), Rome, this week. The bill relates to the Department of Revenue (DOR) and financial institutions regarding Georgia delinquent taxpayers. The bill would require financial institutions to provide certain information related to delinquent taxpayers to the DOR under certain conditions.  The bill was assigned to the Finance committee. The DOR has been in contact with CBA and other stakeholders on a draft of this bill.  DOR staff explained that this bill was to mirror a similar law related to child support data match that is federally mandated by the government. However, the DOR draft closely resembled the child support law, but without the liability protections and the lawful disclosure of information to a financial institute's client under investigation. CBA and other stakeholders suggested that DOR align this bill with the child support law by including those liability protection provisions in the bill.  Another concern relates to the payment of services to the financial institution for running the delinquent taxpayer's information and the timeframe allotted for the action.  We are continuing to work with the DOR and Rep. Hufstetler to improve this bill for community banks. 

All updates are current as of the writing of the blog
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 H.B. 63 Lease Vehicle Tax Exemption bill sponsored by Rep. Shaw Blackmon (R), Bonaire. The substitute bill was presented in the House Ways & Means, ad valorem tax subcommittee for a second time. There was discussion of on-going changes and a new fiscal note being revised and added. The subcommittee voted for a DO PASS by subcommittee substitute. The bill was then presented to the full House Ways & Means committee and subsequently voted on with a DO PASS by a substitute.
 
H.B. 142 Education Qualified Tax Credit bill sponsored by Rep. Kasey Carpenter (R), Dalton. The bill was presented in the House Ways & Means, Income Tax subcommittee. There was a lot of discussion on the bill, with many parties opposing the bill regarding public education funding cuts and passing the savings to the private sector. The bill was tabled for further discussion.
 
H.B. 149" S" Corporation Tax bill sponsored by Rep. Bruce Williamson (R), Monroe. The House Ways & Means, Finance & Policy subcommittee held a second meeting for a substitute bill. After the subcommittee's questions were answered, the subcommittee voted a DO PASS by subcommittee substitute. The bill was presented to the full House Ways & Means committee, where it was voted a DO PASS by substitute.
 
H.B. 184 Rental Property for Family Living sponsored by Rep. Marvin Lim (D), Norcross. The House Agriculture & Consumer Affairs held a hearing only for the bill. Several questions were raised about the code section that the bill seeks to change regarding the penalties set for violators. After further discussion, the subcommittee will hold the bill for further research.
 
H.B. 243 Landowner Property Annexation bill sponsored by Rep. Brad Thomas (R), Holly Springs. The bill was presented to the House Government Affairs, State & Local Government subcommittee [LG1] for hearing only. There was quite a lot of discussion and questions about the bill, and it became clear that this bill directly involves the City of Woodstock. The city and others oppose the bill because this change in procedure will set annexation precedence for the rest of Georgia and its landowners they did not believe was appropriate.
 
H.B. 292 Board of Equalization Training Requirement bill sponsored by Rep. Noel Williams, Jr. (R), Cordele. The bill was presented a second time to the House Ways & Means, ad valorem tax subcommittee. The subcommittee voted a DO PASS. The bill was presented to the full House Ways & Means Full committee, where it was subsequently voted a DO PASS.
 
H.B. 306 Remote Communication and Meeting bill sponsored by Rep. Stan Gunter (R), Blairsville. The bill was presented a second time to the House Banks & Banking committee. The committee voted a DO PASS.
 
H.B. 317 Innkeeper Taxation bill sponsored by Rep. Ron Stephens (R), Savannah. The bill was presented in The House Ways & Means, Finance & Policy subcommittee. Very little was asked about the bill since it was the same as last year. The subcommittee voted a DO PASS. The bill was presented to the full House Ways & Means committee and was subsequently voted a DO PASS.
 
H.B. 336 Hemp Farming bill sponsored by Rep. John Corbett (R), Lake Park. The House Agriculture & Consumer Affairs held a hearing-only meeting for the bill. Rep. Corbett disclosed that he's been working on the bill with the Georgia Bureau of Investigation, and they presented a language problem. The bill was tabled until a later meeting. Previously on an unrelated bill, when this happened, the language issue was minor but enough to stall the bill for a short time.
 
H.B. 363 Protection of the Elderly bill sponsored by Rep. John LaHood (R), Valdosta. The House Non-Civil Judiciary Setzler subcommittee held a hearing only for the bill. Since the bill covers many different code sections to protect the elderly from physical, mental, and deceptive harm, the committee will hold the bill until further research has been done before voting on the bill.
 
H.B. 389 Department of Labor Employment Security bill sponsored by Rep. Todd Jones (R). South Forsyth. The bill was presented to the House Insurance & Labor committee. Lots of clarification and questions were asked about how the Department of Labor would investigate and enforce the new classification’s violators. Rep. Jones disclosed that he is open to adjusting the bill, and the committee recommended that a substitute be drafted.
 
H.B. 399 College Savings Plan 529 and Military Enlistment bill sponsored by Rep. Heath Clark (R), Warner Robbins. The bill was presented to the House Ways & Means, Tax Revision subcommittee. There was some discussion on the bill for clarity. The bill is being held for research until the next meeting.
 
S.B. 45 Professional Industries & Utilities sponsored by Sen. Bruce Thompson (R), White. The substitute bill was brought to the Senate floor. Two separate amendments were presented along with the substitute bill before being voted on. The bill passed with a final vote of 37-15. The House first read the bill and assigned the bill to the Regulated Industry committee.
 
S.B. 75 Termination of Residential Lease due to Criminal Stalking bill sponsored by Sen. Kim Jackson (D), Stone Mountain. The bill was presented to the Senate Judiciary committee. There was heavy questioning on the bill to be sure it encompassed everything the bill intended and how criminal stalking relates to residential leases. The bill received a vote of DO PASS.
 
S.B. 114 Revised License Refusal or Revocation bill sponsored by Sen. Randy Robertson (R), Catuala. The bill was presented to the Senate Judiciary committee. There was full support for the bill that would allow convicted criminals of certain crimes to be allowed the ability to receive a professional or business license. The bill received a vote of DO PASS.
 
S.B. 116 Maternity Support Housing Bill sponsored by Sen. Randy Robertson (R), Catuala. The bill was presented to the Senate Health and Human Services committee. The committee pointed out a couple of language issues that they would like to see defined and added. The bill received a vote DO PASS by committee substitute.
 
S.B. 148 2021 Special Council on Tax Reform and Fairness for Georgians and the Special Joint committee on Georgia Revenue Structure bill sponsored by Sen. Chuck Hufstetler (R), Rome. A substitute bill was presented to the Senate Finance committee on the creation of this new committee. There was a discussion on the need for this committee and how the process would work for the committee to submit legislation to the floor as it sees fit directly. The bill received a vote of DO PASS.

Legislative Days 13 – 16
February 8, 2021, to February 11, 2021

​Starting the week off, both chambers met in the afternoon to resume this legislative session. Committee meetings are up and running, and I've been spending a lot of time in different committees tracking the bills that may impact community banking. The new adjournment schedule came out on Tuesday (S.R. 82). We now know that session will continue for another four weeks taking us to Legislative Day 25. This week's theme is clear; our Legislators are pushing toward the finish line whenever that may be. They are making the most of the time we have in session this year.
 
Committee meetings have been going at a flurry's pace, hearing bills across the board to try and receive input or a pass to the next committee. Last week, we saw a heavy load of Health and Election-related bills drop. This week, the theme seemed to be Law Enforcement reform bills. We will continue to monitor the bills for any involvement with community banking. 
 
The big-ticket item that occurred on the floor was the passage of the Appropriations General Budget. The Senate passed the bill (as amended) with a vote of 52-0.  The bill is on its way to the Governor to be signed into law.
 
We did get some good news this week; the Rules committee is finally submitting bills to the floor. I witnessed a heated deliberation on the House floor over H.B. 112--COVID-19 Immunities from Liabilities, before it passed with a vote of 99-68. Our legislators' passion for taking care of constituents has been more present than ever because of this continued pandemic. Both sides had much to say, and it will be interesting to see if this will become a trend for the many bills coming to both floors we will see very soon. 

For your reference, we have a tracking document that can be accessed at any time on our website that will show the bills we are tracking/monitoring. They are highlighted in different colors of importance for your convenience and are sorted from the top of the sheet by bill/resolution number. We are keeping everything as up to date as much as possible, given the circumstances surrounding the pandemic.
 
H.B. 292 was introduced in the House by Rep. Noel Williams, Jr. (R), Cordele. The bill relates to ad valorem taxes for properties by removing certain training requirements for members of county boards of equalization following their initial training for their first term. The bill was assigned to the Ways & Means committee.  The House Ways & Means Ad Valorem Tax subcommittee held a hearing only for the bill.  There was a lot of discussion of the different levels of training that a Board of Equalization member will undergo and how the reduction in education would save the state and county money and help alleviate the demand for more board members to be active and remote.
 
H.B. 299 was introduced in the House by Rep. Sandra Scott (D), Rex. The bill enacts the “Military Fair Housing Act” and prohibits discriminatory housing practices.  The bill was assigned to the Defense & Veterans Affairs committee.
 
H.B. 301 was introduced in the House by Rep. Sam Park (D), Lawrenceville. This bill relates to dispossessory proceedings and provides certain notices to tenants for dispossessory proceedings.  The bill was assigned to the Judiciary committee.
 
H.B. 306 was introduced in the House by Rep. Stan Gunter (R), Blairsville. The bill relates to meetings and provides that corporations may hold annual shareholders’ meetings and special shareholders’ meetings by remote communication.  The bill was assigned to the Banks & Banking committee.  The Banks & Banking committee held a hearing only for the bill.  Rep. Gunter answered questions from committee members as to how this is the same/different than what was included in the Housekeeping bill.
 
H.B. 311 was introduced in the House by Rep. Viola Davis (D), Stone Mountain. The bill relates to revising certain tax credits and eliminating certain income tax deductions for housing, insurance, corporate taxation, and certain qualified expenses. The bill was assigned to the Ways & Means committee.
 
H.B. 317 was introduced in the House by Rep. Ron Stephens (R), Savannah. The bill relates to excise tax on rooms, lodging and accommodations, to change the definition of “innkeeper” to include marketplace facilitators. The bill was assigned to the Ways & Means committee.
 
H.B. 327 was introduced in the House by Rep. Martin Momtahan (R), Dallas. The bill titled the "Organized Retail Crime Prevention Act" will relate to new procedures, penalties, and the record-keeping of purchased stored value cards. The bill is similar to S.B. 151 introduced by Sen. John Albers. The bill was assigned to the Judiciary Non-Civil committee.
 
H.B. 332 was introduced in the House by Rep. Dar'shun Kendrick (D), Lithonia. The bill relates restrictive covenants in contracts and prohibits covenants in agreements between employers and low-wage employees that restrict competition after the term of the employment.  The bill was assigned to the Industry and Labor committee.
 
H.B. 333 was introduced in the House by Rep. Chuck Efstration (R), Dacula. The bill relates to the Georgia Transparency and Campaign Finance Commission to revise and update the language for campaign contributions, personal finance disclosure, and advertising for public officers. The bill was assigned to the Judiciary committee.  The full Judiciary Committee held a hearing only on the bill.  There was quite an extensive walkthrough and discussion for changes and housekeeping for the Transparency & Campaign Finance Commission in regard to public officers and their contribution use and collection for campaigns.
 
H.B. 336 was introduced in the House by Rep. John Corbett (R), Lake Park. The bill relates to Agriculture for hemp farming procedural compliances with federal government laws and regulation. The bill was assigned to the Agriculture & Consumer Affairs committee.
 
H.B. 337 was introduced in the House by Rep. Ron Stephens (R), Savannah. The bill relates to sales and uses taxes and extends the sunset provision for exemption for sales taxes on certain tangible property sold or used to maintain, refit, or repair a boat during a single event.  The bill was assigned to the Ways & Means committee.
 
H.B. 344 was introduced in the House by Rep. Josh McLaurin (D), Sandy Springs. The bill relates to Covenants and Warranties regarding landlord and tenant rights for a general warranty of title. The bill was assigned to the Judiciary committee.
 
H.B. 350 was introduced in the House by Rep. Viola Davis (D), Stone Mountain. The bill relates to jury duty for employees and job protections from employers. The bill was assigned to the Industry and Labor committee.
 
H.B. 352 was introduced in the House by Rep. Martin Momtahan (R), Dallas. The bill relates to ad valorem taxation of property and provides that property tax bills shall include the amounts of assessments levied for each of the three immediately preceding tax years.  In addition, the bill provides for a homestead exemption from ad valorem taxes for all purpose.  The bill was assigned to the Ways & Means committee.
 
H.B. 356 was introduced in the House by Rep. Kim Schofield (D), Atlanta. The bill relates to the prohibition of age discrimination in employment. The bill was assigned to the Industry and Labor committee.
 
H.B. 363 was introduced in the House by Rep. John LaHood (R), Valdosta. The bill relates to crimes and offenses and protections of elder persons.  The bill was assigned to the Judiciary Non-Civil committee.
 
H.B. 379 was introduced in the House by Rep. Renitta Shannon (D), Decatur. The bill requires employers to provide certain salary information in an effort to eliminate pay disparagement and discrimination due to race, gender, and ethnicity. The bill was assigned to the Industry and Labor committee.
 
H.B. 380 was introduced in the House by Rep. Kim Schofield (D), Atlanta. The bill relates to employment security benefits and allows applicants for benefits to obtain their personnel files when their claims are contested by their former employers.  This bill is the same as S.B. 14 introduced by Sen. Tonya Anderson. The bill was assigned to the Industry and Labor committee.
 
H.B. 389 was introduced in the House by Rep. Todd Jones (R), South Forsyth. The bill relates to employment security and changes the definitions for employment to include services performed by an individual for wages and prohibits retaliation by employers against individuals who report violations of or noncompliance with the “Employment Security Law”.  The bill was assigned to the Industry and Labor committee.
 
H.B. 391 was introduced in the House by Rep. Mandisha Thomas (D), Atlanta. The bill relates to general provisions relative to labor and industrial standards and requires employers to develop, implement, and review policies against bullying in the workplace. The bill was assigned to the Industry and Labor committee.
 
H.B. 393 was introduced in the House by Rep. Ron Stephens (R), Savannah. The bill relates to sales and use tax exemption for high-technology data center minimum investment threshold, manufacture of tangible personal property and manufacture regarding data processing, hosting and related services. The bill was assigned to the Ways & Means committee.
 
H.B 397 was introduced in the House by Rep. Bill Werkheiser (R), Glennville. The bill relates to professional employer organizations and rights, powers, and responsibilities.  The bill requires specific allocation between a professional employer organization and a co-employer client as to the responsibility to obtain workers’ compensation coverage for the employees of the co-employer. The bill was assigned to the Industry and Labor committee.
 
H.B. 399 was introduced in the House by Rep. Heath Clark (R), Warner Robins. The bill relates to the computation of taxable net income and provides that deductions previously taken by a taxpayer for contributions to the Georgia Higher Education Savings Plan shall not be recaptured if a withdrawal from the savings trust account is made by an account owner upon or after the beneficiary’s successful completion of two years of active duty service.  This bill is the similar as H.B. 198 introduced by Rep. Philip Singleton (R). The bill was assigned to the Ways & Means committee.
 
H.B. 408 was introduced in the House by Rep. Sharon Cooper (R), Marietta. The bill relates to dispossessory proceedings and revises procedures for the initiation of dispossessory actions.   The bill requires a demand by the owner and a tenant’s opportunity to cure.  The bill was assigned to the Judiciary committee.
 
H.R. 117 was introduced in the House by Rep. William Boddie (D), East Point. The resolution relates to creating the House Study Committee on Homeowner’s Associations, Condominium Owners’ Associations and Property Owners in Community Associations. The resolution was assigned to the Special Rules committee.
 
S.B. 95 was introduced in the Senate by Sen. Frank Ginn (R), Danielsville. The bill relates state government and provides conditions for meetings and hearing to be held by teleconferencing in emergency conditions and provides conditions for certain non-emergency conditions as well. The bill was assigned to the Government Oversight committee.
 
S.B. 96 was introduced in the Senate by Sen. Lester Jackson (D), Savannah. The bill relates to notaries public and changes the procedure for the use of a valid Veterans Heath Identification Card as an allowed form of verified identification when notarizing. The bill was assigned to the Veterans, Military and Homeland Security committee.
 
S.B. 114 was introduced in the Senate by Sen. Randy Robertson (R), Cataula. The bill relates to general provisions relative to professions and businesses and revises the grounds for refusing to grant or revoking a license.  The bill was assigned to the Judiciary committee.
 
S.B. 116 was introduced in the Senate by Sen. Randy Robertson (R), Cataula. The bill provides for the registration of maternity supportive housing residences for pregnant women. The bill is the same as H.B. 257 introduced by Rep. Ed Setzler. The bill was assigned to the Health and Human Services committee.
 
S.B. 136 was introduced in the Senate by Sen. Gloria Butler (D), Stone Mountain. The bill relates to arrest by private persons and repeals the article in its entirety.  The bill was assigned to the Judiciary committee.
 
S.B. 139 was introduced in the Senate by Sen. Gloria Butler (D), Stone Mountain. The bill relates to the Uniform Civil Forfeiture Procedure Act and authorizes the seizure of property subject to civil forfeiture only upon a criminal conviction. The bill was assigned to the Judiciary committee.
 
S.B. 143 was introduced in the Senate by Sen. Lindsey Tippins (R), Marietta. The bill relates to mechanics and materialmen to establish and enforce a conformity lien statute for work contracted and performed. The bill was assigned to the Judiciary committee.
 
S.B. 148 was introduced in the Senate by Sen. Chuck Hufstetler (R), Rome. The bill relates to the creation of the 2021 Special Council on Tax Reform and Fairness for Georgians and the Special Joint Committee on Georgia Revenue Structure. The bill was assigned to the Finance committee.
 
S.B. 151 was introduced in the Senate by Sen. John Albers (R), Roswell. The bill titled the "Organized Retail Crime Prevention Act" will relate to new procedures, penalties, and the record-keeping of purchased stored value cards. This bill is similar to H.B. 327 introduced by Rep. Martin Momtahan. The bill was assigned to the Judiciary committee.

H.B. 334 was introduced in the House by Rep. Joseph Gullett (R), Dallas and was assigned to the Judiciary committee.  We discussed a prior draft of H.B. 334 in our prior blog post and have been involved in multiple discussions regarding this bill.
 
H.B. 334 is the result of years of effort among key stakeholders who have worked to craft legislation preserving our traditional notions of “Notaries Public,” while also expanding the concept of “Notarial Acts” into the digital age. As drafted, H.B. 334 creates a new type of Notary Public, a “Remote Online Notary Public,” and enables these specific Notaries to perform “Remote Online Notarizations” whereby the Notary serves as an official witness by “attending” a signing through communication technology (i.e. compliant video conference). H.B. 334 also permits Remote Online Notaries to perform “Electronic In-Person Notarizations,” where the Notary serves as official witness to signatures on documents that are executed in the physical presence of the Notary, but that are executed via digital signature of the parties. In each case these Notarial Acts allow documents to be executed in digital format and, in the case of the Remote Online Notarization, without the traditionally required “physical presence” of the parties.
 
The importance of this legislation continues to be highlighted as our state and country navigate the effects of the COVID-19 pandemic. Because of this, the CBA supports H.B. 334. This is not to say that there are not some provisions in the bill that should be cause for some concern. Namely, H.B. 334 contains a multitude of highly-technical requirements related to Remote Online Notarization and Electronic In-Person Notarization and places the obligation to comply with such requirements squarely on the individual Notary. On paper, it makes a great deal of sense to impose these requirements and for the burden of complying with such requirements to be on the Notaries themselves. Practically speaking, however, we are concerned that the true cost of failing to comply with the requirements imposed upon the Notaries will fall upon the persons seeking to enforce documents executed through Remote Online Notarization. As drafted, H.B. 334 could be read to invalidate Notarial Acts that are not performed in accordance with standards set forth therein which, in turn, could have cascading effects on a financial institution’s ability to enforce their rights under such documents.
 
Because of these risks, we believe a financial institution’s relationship with Notaries Public, specifically Remote Online Notaries Public, will become more formalized, and financial institutions will be required to underwrite the risk of new vendor relationships to ensure that the Remote Online Notary can comply with applicable standards and has assets sufficient to make the financial institution whole in the event that the Notary falls short of their duties. For better or for worse, we believe that this process will necessarily reduce the number of available Remote Online Notaries Public or, at least, aggregate such Notaries under the umbrella of a relative few third-party service providers. The end result, we believe is that it will be very difficult for community banks to get comfortable utilizing “in-house” Remote Online Notaries Public to close loans via electronic means and, instead, will need to add yet another vendor to their vendor risk management program.
 
Avoiding this result would require substantial changes to H.B. 334 that we believe are very unlikely to be approved by the interested parties. Either, the technical requirements preserving the integrity of Notarial Acts would need to be substantially reduced or the burden for complying with such requirements would need to shift to a regulatory body or the third-party service providers facilitating the engagement of Notaries Public. The CBA has discussed this matter with many key stakeholders and there are compelling arguments against both of the above solutions and, accordingly, the CBA finds itself in favor of H.B. 334 despite the unintended consequences it is likely to have.

All updates are current as of the writing of the blog.
 
H.B. 63 Lease Vehicle Tax Exemption sponsored by Rep. Shaw Blackmon (R), Bonaire. The House Ways & Means Ad Valorem Tax Subcommittee held a hearing only for the bill. There were not any major discussion points from committee members.  
 
H.B. 90 Timber Land Conversion sponsored by Rep. Bruce Williamson (R), Monroe. A substitute bill was presented to the full  Judiciary committee. Rep. Williamson walked through the bill quickly, and there were only a couple of clarifying questions discussed. The substitute bill received a DO PASS
 
H.B. 111 Housekeeping Bill sponsored by Rep. Bruce Williamson (R), Monroe. The bill was presented for a second time to the Banks & Banking committee. There was no further discussion or questions on the bill. The bill received a DO PASS motion. 
 
H.B. 138 Leased Property Crime Disclosure sponsored by Rep. Mesha Mainor (D), Atlanta. The bill was presented to the House Judiciary Scoggins Subcommittee. The discussion included how to manage the timeframe for this disclosure of information to a state, county, and law enforcement level. One main concern dealt with the Open Records Act, where information can be requested, but that information has been known never to be released. There was a lot of support for the bill, and it was left that the subcommittee would like to see a substitute before voting.
 
H.B. 149 "S" Corporation & Partnership Taxes sponsored by Rep. Bruce Williamson (R), Monroe. The House Ways & Means Public Finance and Policy Subcommittee held a hearing only for the bill. There were a few clarifying questions on how the entities will now be taxed with this bill and some discussion to understand how elected shareholders would be handled under this bill. Rep. Williamson disclosed that the IRS just allowed for this new tax structure at the Federal level. It was described that this bill would prevent double taxation without affecting Georgia State tax income. The hearing ended with more discussion needed at a later meeting.
 
H.B. 229 Digital Application Fairness sponsored by Rep. Kasey Carpenter (R), Dalton. A substitute bill was presented to the House Judiciary Gunter Subcommittee. There were a number of witnesses that presented on the bill and there were a number of questions from committee members.  No further action was taken.
 
H.B. 241 Service Contract Insurance sponsored by Rep. Matthew Gambill (R), Cartersville. A substitute  bill was presented to the House Insurance Property and Casualty Tavin Subcommittee.  Rep. Gambill disclosed that this bill is almost exactly like the bill passed by the Senate last year but got held up in the House. This a model bill from 49 other states, and only a couple of clarifying questions were asked. The bill seems more directed at auto/vehicle warranty contracts. The bill received a DO PASS by committee substitute.  On Tuesday, the substitute bill was presented to the full House Insurance committee. The bill received a DO PASS by committee substitute. 
 
 
H.R. 72 Credit Reporting Memorandum sponsored by Rep. Kim Schofield (D), Atlanta.  The Banks and Banking Committee held a hearing only for the resolution.  Rep. Schofield presented the resolution to which committee members raised several similar concerns on protecting lenders who use credit reporting as risk assessment. The committee is open to the resolution urging U.S. Congress but was not willing to vote on the matter. The committee suggested that a substitute with added content be drafted for the next meeting.
 
S.B. 45 Professional Industries & Utilities sponsored by Sen. Bruce Thompson (R), White. The bill was presented to the Senate Regulated Industries and Utilities committee. There were a number of questions relating to how the endorsement would be judged for proper comparability to practice the profession here in Georgia. Concerns were raised about how to enforce a professional's license that may be under scrutiny from another state. Finally, Sen. Thompson presented an amendment that the committee motioned to be added to the bill that strengthened these endorsements' verification process. The bill received a motion DO PASS as a committee substitute.
 
S.B. 49 Building Review Exemptions sponsored by Sen. Clint Dixon (R), Buford. A substitute bill was presented to the Senate State and Local Government Operations Committee. Sen. Dixon disclosed that this bill is a permanent version of an Executive Order from the Governor last year for private providers to be exempted from certain statutory timeframes for plan review.  After some discussion, the bill received a DO PASS motion.
 
S.B. 52 Cybersecurity Protections and Business Liability sponsored by Sen. Bruce Thompson (R), White. The substitute bill was presented to the Senate Science & Technology committee. Sen. Thompson presented the bill and disclosed that this bill is the same as the one that passed the Senate almost unanimously last year but got held in the House. There was some discussion over language concerns; however, the committee concluded with a DO PASS by committee substitute

​Legislative Days 9 – 12
February 1, 2021 to February 4, 2021
 
This week, everyone is marching to the beat of the same drum. The Senate is working through the General Appropriations Budget from the House, and the Governor's Fiscal Year July 1, 2021 – June 30, 2022  budget is on the horizon as some of the biggest priorities right now. The rumors of session dying early are still on everyone's minds, meaning all legislators are pushing through necessary bills and resolutions as quickly as possible to deal with the pandemic and Georgia's wellbeing. New chamber protocols are evident as Speaker Ralston discussed the ability to remove a legislator for the remainder of the week that refuses or forgets a COVID-19 test as required by the House Rules. 
 
Committee meetings are in full swing and there have been over 300 bills filed so far this session.  Bills are being assigned left and right for review and advisement.  We've seen several high priority bills dropped this week relating to election reform. We all know how important this topic is from the most recent election cycle. Both chambers have been taking this on quite heavily as evidenced by the number of bills relating to this topic. Something else we've seen is both chambers’ Health and Human Services committees are being assigned many new bills changing existing regulations for COVID-19 related issues. Multiple bills have dropped to help with Georgia's continued response, and some are attempting to extend the emergency orders we saw enacted from 2020. Swift and decisive actions to renew or put in more robust procedures have been discussed in both committees. The legislators are attempting to lend a helping hand to those most needing it now and in the future.
 
In the same vain as COVID-19 and shut down orders, a priority for this session is a Remote Online Notary bill.  Several drafts of a bill are being discussed amoung key stakeholders, including CBA.  Right now, we are negotiating some points that would be very key issues for our banks.  We are confident a bill will be dropped in the near future.  We will keep you posted as to any updates or changes. 
 
The 2021 General Assembly adjournment schedule runs out on Monday of next week. We are anticipating an updated adjournment resolution to be passed on Monday as we believe the session will continue.

For your reference, we have a tracking document that can be accessed at any time on our website that will show the bills we are tracking/monitoring. They are highlighted in different colors of importance for your convenience and are sorted from the top of the sheet by bill/resolution number. We are keeping everything as up to date as much as possible, given the circumstances surrounding the pandemic.
 
H.B. 22 was introduced in the House by Rep. Sandra Scott (D), Rex. The bill relates to the Housing Authority and modifies the Authority's policy for granting housing preferences for homeless veterans. The bill was assigned to the Governmental Affairs committee.
 
H.B. 197 was introduced in the House by Rep. Regina Lewis-Ward (D), McDonough. The bill relates to allowing expanded use of sick leave for immediate family members' care and a change in the accountability of the employee by the employer. The bill was assigned to the Industry & Labor committee.
 
H.B. 198 was introduced in the House by Rep. Philip Singleton (R), Sharpsburg. The bill relates to the computation of taxable net income when it comes to a Georgia Higher Education Savings Plan account holder. More so about when the holder makes a withdrawal for a beneficiary who is enlisting or active duty military. The bill was assigned to the Ways & Means committee.
 
H.B. 204 was introduced in the House by Rep. Sandra Scott (D), Rex. The bill relates to comprehensive state civil rights protecting individuals from discrimination in housing, public accommodations, and employment involving fair housing and employment practices. The bill was assigned to the Judiciary committee.
 
H.B. 229 was introduced in the House by Rep. Kasey Carpenter (R), Dalton. The bill relates to the Fair Business Practices Act of 1975.  The bill prohibits certain digital application distribution platforms with regard to application store processing services. This bill is the same as S.B. 63 introduced by Sen. Matt Brass.  The bill was assigned to the Judiciary committee.
 
H.B. 230 was introduced in the House by Rep. Kim Schofield (D), Atlanta. The bill relates to the prevention of discrimination in several areas and industries, including housing and property. This bill is the same as S.B 61 introduced by Sen. Tonya Anderson.  The bill was assigned to the Judiciary committee.
 
H.B. 235 was introduced in the House by Rep. Will Wade (R), Dawsonville. The bill relates to revenue and taxation defining the term “Internal Revenue Code” and “Internal Revenue Code of 1986”.  The bill incorporates certain provisions of federal law into Georgia law related to temporary bonus depreciation for certain business assets. The bill was assigned to the Ways & Means committee.
 
H.B. 241 was introduced in the House by Rep. Matthew Gambill (R), Cartersville. The bill relates to changes in contract requirements and rules for property insurance agreements and cancelations. The bill was assigned to the Insurance committee.
 
H.B. 243 was introduced in the House by Rep. Brad Thomas (R), Holly Springs. The bill relates to changing the annexation provision for certain land owned property. The bill was assigned to the Governmental Affairs committee.
 
H.B. 244 was introduced in the House by Rep. Don Hogan (R), St. Simon’s Island. The bill relates to ad valorem tax reduction for an unincorporated land property with flood risk management. The bill was assigned to the Governmental Affairs committee.
 
H.B. 257 was introduced in the House by Rep. Ed Setzler (R), Acworth. The bill provides for registration of maternity supportive housing residences for pregnant women.  The bill was assigned to the Health & Human Services committee.
 
H.B. 260 was introduced in the House by Rep. Todd Jones (R), South Forsyth. The bill provides standards for cybersecurity programs to protect businesses from liability.  This bill is the same as S.B. 52 introduced by Sen. Bruce Thompson.  The bill was assigned to the Judiciary committee.
 
H.R. 72 was introduced in the House by Rep. Kim Schofield (D), Atlanta. The bill relates to placing a moratorium on negative credit reporting during the COVID-19 pandemic. The bill was assigned to the Banks & Banking committee.
 
S.B. 52 was introduced in the Senate by Sen. Bruce Thompson (R), White. The bill provides standards for cybersecurity programs to protect businesses from liability.  This bill is the same as H.B. 260 introduced by Rep. Todd Jones.  The bill was assigned to the Science & Technology committee.
 
S.B. 58 was introduced in the Senate by Sen. Elena Parent (D), Atlanta. The bill relates to imposition, rate, computation, and exemptions from income taxes for for a refundable earned income tax credit. The bill was assigned to the Finance committee.
 
S.B. 61 was introduced in the Senate by Sen. Tonya Anderson (D), Lithonia.  The bill relates to comprehensive state civil rights protecting individuals from discrimination in housing, public accommodations, and employment involving fair housing and employment practices.  This bill is the same as H.B. 230 introduced by Rep. Kim Schofield.  The bill was assigned to the Insurance and Labor Committee.
 
S.B. 63 was introduced in the Senate by Sen. Matt Brass (R), Newnan. The bill relates to the Fair Business Practices Act of 1975.  The bill prohibits certain digital application distribution platforms with regard to application store processing services.  This bill is the same as H.B. 229 introduced by Rep. Kasey Carpenter.  The bill was assigned to the Science & Technology committee.
 
S.B. 75 was introduced in the Senate by Sen. Kim Jackson (D), Pine Lake. The bill relates to the termination of residential lease after issuance of civil family violence order or criminal family violence order. The bill was assigned to the Judiciary committee.

​All updates are current as of the writing of the blog.
 
H.B. 90 Timber Land Conversion sponsored by Rep. Bruce Williamson (R), Monroe. The bill was presented to the House Judiciary Gunter Subcommittee. Rep. Williamson presented the bill and fielded a number of questions from committee members.  The bill received a motion DO PASS and moves to the full Judiciary Committee.
 
H.B. 112 COVID-19 Liability and Immunities sponsored by Rep. Trey Kelley (R), Cedartown. The bill received a DO PASS from the Special Committee for Access to the Civil Justice System.
 
H.B. 111 Housekeeping Bill sponsored by Rep. Bruce Williamson (R), Monroe. Chairman Greg Morris (R), Vidalia, held a hearing only for the bill on Wednesday. Rep. Williamson did a section by section review of the bill. There was a brief Q&A with questions pertaining to clarifying duplicative wording, mergers across state lines, board member disclosure information, and new procedures meant to streamline in place processes. Chairman Morris anticipates holding a meeting next week to vote on the bill. 
 
H.B. 147 Professional License by Residency Endorsement sponsored by Rep. Heath Clark (R), Warner Robins. The bill was presented in the House Regulated Industry Subcommittee meeting by Rep. Jason Ridley (R), Chatsworth. Rep. Clark walked through the bill and there was a lengthy discussion by committee members. A determination was made that the sponsor will provide a substitute bill before being put to a vote. 
 
S.B. 1 Georgia All-Payer Claims Database sponsored by Sen. Dean Burke (R), Bainbridge. Chairman Chuck Hufstetler, Rome, held a hearing only for the bill.  Concerns were raised about the data collection, how third parties will interact with the data, and how privacy will be retained for those involved. The meeting adjourned until next week with more research and discussion needed.
 
S.B. 6 Tax Credit Return on Investment Act of 2021 sponsored by Sen. John Albers (R), Roswell. The bill passed the Finance committee with a DO PASS on 1/28/2021.  On 2/1/2021, the Senate passed the bill with a vote of 31-19.  The bill moved to the House and was assigned to the Ways & Means Committee.  The bill received a DO PASS from the Ways & Means Committee on 2/4/2021.

Congratulations are in order for our newly elected Senators Jon Ossoff (D), Atlanta & Raphael Warnock (D), Atlanta. Both have been appointed to the United States Senate Committee on Banking, Housing and Urban Affairs. We are excited for this opportunity for both Senators and look forward to working closely with them for Georgia’s Community Banking needs.  

There was some buzz at the State Capitol about how PPP is doing this round. As a friendly reminder, March 31st is the deadline for applications for this 2nd round of PPP. This week, the SBA released their current PPP statistics by state and loan sizes for this round as well as overall statistics since PPP's enactment:

SBA Data Analysis Link