COMMUNITY BANKERS ASSOCIATION OF GEORGIA
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ADVOCACY UPDATE




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Latest Photos from Capitol

3/31/2022

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Legislative Days 32 – 35

3/25/2022

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March 21, 2022 to March 25, 2022
 
Squabbling and Mental Health Scrutiny
There’s always a level of gamesmanship and infighting within the legislative branch.  Like squabbling siblings, the House and Senate will quarrel and undermine the other.  This behavior comes to a head following Crossover, when one sibling is responsible for checking the other’s work.  Ambiguities or imperfections that went unnoticed in the first chamber are highlighted and corrected by the second.  More substantive shortcomings are generally shelved for another year.
 
This, of course, is the natural process for a bi-cameral legislative branch.  And just like siblings, the House and Senate generally sort out their differences and present a unified front before the end of the session.
 
One issue threatens the likelihood of cooperation.  A singular focus of House Speaker David Ralston is legislation making wholesale changes to mental healthcare in Georgia.  The bill is vast, focusing on insurers, workforce development, the judicial and corrections systems, and juvenile behavioral health.  While it passed the House with strong bipartisan support, it has run into roadblocks in the Senate.  State Troopers were called in to help maintain order in a Senate Health and Human Services Subcommittee this week as protestors rallied against the measure.  The Senate’s failure to advance this mental health legislation has the potential to derail the remaining five days of the 2022 session.

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C-PACE (Commercial Property Assessed Clean Energy)

3/25/2022

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While H.B. 1413 Commercial Property Assessed Clean Energy and Resilience Act by Rep. Trey Rhodes (R), Greensboro did not crossover during this session, proponents of this legislation are looking for ways to move this legislation during this session.  CBA and the other trade groups representing financial institutions have been in multiple discussions with several proponents of the bill to discuss this topic and to explore questions about how the program works.  

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Updates on Legislation CBA is Tracking

3/25/2022

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All updates are current as of the writing of the blog.
 
Floor Updates
 
H.B. 334 Remote Online Notary by Rep. Joseph Gullett (R), Dallas.  On Tuesday, the Senate appointed their conferees to a conference committee to resolve differences between the two chambers’ versions of HB 334.  Preliminary compromise language has been circulating and CBA will continue to stay engaged as we review any future versions of this bill for potential impact and/or benefit.  Both CBA and ICBA provided letters of support for the concept of Remote Online Notary to the author of the bill. 
 
S.B. 331 Employee Work Hours by Sen. John Albers (R), Roswell.  The House adopted the bill 99-67, largely along party lines.  Democrats motioned to reconsider the bill, but the motion failed with a vote of 67-95.  The bill is now eligible for the Governor’s signature.
 
S.B. 493 Nonjudicial Foreclosure for Time-Shares Estates by Rep. Jeff Mullis (R), Chickamauga.  The bill was passed by the House with a vote of 159-2.  The bill is now eligible for the Governor’s signature.  Identical legislation (HB 1088) is pending in the Senate Rules Committee and may now become an attractive vehicle for an unrelated measure.
 
Committee Actions
 
H.B. 586 Georgia Economic Renewal Act of 2021 by Rep. Sam Watson (R), Moultrie.  The bill was passed as a substitute by the Senate Finance Committee.
 
H.B. 620 Settlements Involving Claims of Minors by Rep. Rob Leverett (R), Elberton.  The bill was passed as a substitute by the Senate Judiciary Committee.
 
H.B. 733 Guaranteed Asset Protection Waiver by Rep. Tyler Paul Smith (R), Bremen.  The bill was passed by the Senate Insurance and Labor Committee. 
 
H.B. 997 Ad Valorem Timber Exemption by Rep. Sam Watson (R), Moultrie. The bill was passed by the Senate Finance Committee.
 
H.B. 1294  Dereliction Notices for Abandoned Mobile Homes by Rep. John Corbett (R), Lake Park.  The bill was passed by the Senate Special Judiciary Committee.
 
H.B. 1350 Notices to Beneficiaries Regarding Probate Wills by Rep. Will Wade (R), Dawsonville.  The bill was passed as a substitute by the Senate Special Judiciary Committee.  On line 51 of the bill, the words “bank or trust company” were changed to say “financial institution as defined in O.C.G.A. 7-1-911”.
 
S.B. 332 Inform Consumers Act by Sen. John Albers (R), Roswell.  The bill was passed as a substitute by the House Judiciary Committee. 
 
S.B. 345 Prohibit Vaccine Passports by Sen. Jeff Mullis (R), Chickamauga.  The bill was passed by the House Health & Human Services Committee. 
 
S.B. 363 Solicitations for Corporate Filings or Employment or Labor Posters by Sen. Blake Tillery (R), Vidalia.  The bill was passed by the House Judiciary Committee. 
 
Hearings Only
 
H.B. 1352 Disposition of Unclaimed Property and Certain Wills by Rep. Vance Smith, Jr. (R), Pine Mountain.  The bill was presented to the Senate Special Judiciary Committee.  There were numerous questions about the bill as it relates to the Department of Revenue and the implementation of the program.
 
S.B. 227 Blighted Properties by Sen. Harold Jones II (D), Augusta.  The bill was presented to the House Governmental Affairs Subcommittee.
 
S.B. 364 Telephone Solicitations by Sen. Blake Tillery (R), Vidalia.  The bill was presented to the House Judiciary Committee. 
 
S.B. 374 Data Analytic Center by Sen. Blake Tillery (R), Vidalia.  The bill was presented to the House Judiciary Committee.

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Legislative Days 28 – 31

3/18/2022

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March 15, 2022 to March 18, 2022
 
Crossover Day Passes
​Tuesday, March 15 was the critical Crossover Day milestone.  It was the final day for Senate Bills to pass the Senate and House Bills to pass the House.  The House worked until 11pm in an effort to consider as much legislation as possible.  While only bills that made Crossover remain active, entire contents of “dead” bills can be added to unrelated active legislation. 
 
Now that Crossover has passed, the focus shifts back to committees, which must vet legislation from the opposite chamber.  With only nine legislative days remaining, the pace of activity will continue to increase after a brief post-Crossover respite.
 
On March 15, 2022, President Biden officially signed the 2022 omnibus spending bill into law, which included solutions to address LIBOR contracts and outlined rules for how private companies report cyber incidents.  Since the President signed the bill that includes a federal LIBOR fix, there is no reason for the State to pursue H.B. 899 LIBOR Discontinuation by Rep. Bruce Williamson (R), Monroe.  While the bill was passed by both the House and Senate Banking & Financial Institutions Committee, no further action will be taken on the bill in its current form.

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New Bills that CBA is Tracking

3/18/2022

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S.R. 741 Senate Study Committee on the creation of the Georgia Cybersecurity Force by Sen. Jason Anavitarte (R), Dallas.

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Updates on Legislation CBA is Tracking that DID crossover this week

3/18/2022

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All updates are current as of the writing of the blog.
 
Floor Updates
 
H.B. 891 Department of Banking Housekeeping Bill by Rep. Bruce Williamson (R), Monroe.  The bill was passed by the Senate with a vote of 50-0.  The bill is now eligible for the Governor’s signature.
 
H.B. 1350 Notices to Beneficiaries Regarding Probate Wills by Rep. Will Wade (R), Dawsonville.  The bill was passed by the House with a vote of 169-0; however, the version that passed the House did not contain agreed-upon language to define a “financial institution.”  Therefore, the sponsor will introduce a substitute to correct the language in the Senate.  The bill was read in the Senate and assigned to the Special Judiciary Committee.
 
S.B. 470 Felony Convictions for Mortgage Lenders and Brokers by Sen. Randy Robertson (R), Cataula.  The bill was passed by the Senate with a vote of 47-1.  The bill was read in the House and assigned to the Banks & Banking Committee.
 
S.B. 491 Down Payment Savings Program by Sen. Gail Davenport (D), Jonesboro.  The bill was passed by the Senate with a vote of 49-2.  The bill was read in the House and assigned to the Ways & Means Committee
 
H.B. 931 Taxes on Vehicle Upgrades by Rep. Wes Cantrell (R), Woodstock.  After several revisions, the bill excludes upgrades or enhancements meant to enable or accommodate individuals who use wheelchairs from the title ad valorem tax on the fair market value of the vehicles.  The bill was passed by the House with a vote of 167-0.  The bill was read in the Senate and assigned to the Finance Committee. 
 
H.B. 1478 Electronic Submission of Certificates of Title by Rep. Jason Ridley (R), Chatsworth.  The bill was passed by the House with a vote of 165-2.  The bill was read in the Senate and assigned to the Science and Technology Committee.
 
H.B. 733 Guaranteed Asset Protection Waiver by Rep. Tyler Paul Smith (R), Bremen.  The bill was passed by the House with a vote of 166-0.  The bill was read in the Senate and assigned to the Insurance and Labor Committee.
 
H.B. 997 Ad Valorem Timber Exemption by Rep. Sam Watson (R), Moultrie.  The bill was passed by the House with a vote of 171-0.  The bill was read in the Senate and assigned to the Finance Committee.
 
H.R. 686 Ad Valorem Tax Rate Reduction for Timber by Rep. Sam Watson (R), Moultrie.  The resolution was adopted with a vote of 166-0.  The resolution was read in the Senate and assigned to the Finance Committee.
 
H.B. 1358 Handgun in Parks, Historic Sites, Recreational Areas by Rep. Mandi Ballinger (R), Canton.  The bill was passed by the House mostly along party lines with a vote of 94-57.  Democrats motioned for the House to Reconsider the vote; however, the motion lost.  The bill was read in the Senate and assigned to the Judiciary Committee. 
 
S.B. 96 Veteran Health ID Cards for Notaries by Sen. Lester Jackson (D), Savannah.  The bill was passed by the Senate with a vote of 51-0.  The bill was read in the House and assigned to the Defense & Veteran Affairs Committee.   
 
S.B. 227 Blighted Properties by Sen. Harold Jones, II (D), Augusta.  The bill was passed by the Senate with a vote of 35-17.  The bill was read in the House and assigned to the Governmental Affairs Committee.
 
Committee Actions
 
S.B. 332 Inform Consumers Act by Sen. John Albers (R), Roswell.  The bill was given an initial hearing in the House Judiciary Committee on March 17 but was held for additional work.  It is scheduled to be considered again on March 21.
 
S.B. 493 Nonjudicial Foreclosure for Time-Share Estates by Sen. Jeff Mullis (R), Chickamauga.  The House Judiciary Committee favorably reported the bill on March 17 and it will be eligible for placement on an upcoming House debate calendar.

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Bills that CBA is tracking that did NOT crossover this session:

3/18/2022

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While these bills are not eligible to advance on their own, their content can be added to unrelated active legislation.  That remains a primary threat in the final weeks of session.
 
House Bills
 
H.B. 19 Due Process in Civil Forfeiture Act by Rep. Sandra Scott (D), Rex.
H.B. 22 Homeless Veterans Housing Authority by Rep. Sandra Scott (D), Rex.
H.B. 29 Annual Report on Wealth of Georgians by Rep. Dar’shun Kendrick (D), Lithonia.
H.B. 74 Unlawful to Defraud a Creditor’s Rights by Rep. Dale Washburn (R), Macon.
H.B. 104 Tax on Rental Agreements for Equipment by Rep. Ron Stephens (R), Savannah.
H.B. 116 Increase Minimum Wage by Rep. Dewey McClain (D), Lawrenceville.
H.B. 137 Tax Credit for Property Condemnation by Rep. Mitchell Scoggins (R), Cartersville.
H.B. 142 Education Tax Credits for Insurance Companies by Rep. Kasey Carpenter (R), Dalton.
H.B. 147 License Endorsement for Establishing Residency by Rep. Heath Clark (R), Warner Robins.
H.B. 151 Terminate Tax Exemption on Public Property by Rep. Rhonda Burnough (D), Riverdale.
H.B. 181 Workplace Notices for New Employees by Rep. Marvin Lim (D), Norcross.
H.B. 184 Unfair Trade Practice for Rental Property by Rep. Marvin Lim (D), Norcross.
H.B. 197 Sick Leave for Employee Family Care by Rep. Regina Lewis-Ward (D), McDonough.
H.B. 198 Georgia Higher Education Savings Plan by Rep. Philip Singleton (R), Sharpsburg.
H.B. 204 Prohibit Discrimination in Housing & Employment by Rep. Sandra Scott (D), Rex.
H.B. 229 Fair Business Practice Act and Digital Applications by Rep. Kasey Carpenter (R), Dalton.
H.B. 230 Protection from Discrimination on Hairstyles by Rep. Kim Schofield (D), Atlanta.
H.B. 235 Temporary Bonus Depreciation of Business Assets by Rep. Will Wade (R), Dawsonville.
H.B. 243  Local Government Annexation of Property by Rep. Brad Thomas (R), Holly Springs.
H.B. 257  Maternity Supportive Housing Act by Rep. Ed Setzler (R), Acworth.
H.B. 260  Cybersecurity Liability Protections by Rep. Todd Jones (R), South Forsyth.
H.B. 299  Military Fair Housing Act by Rep, Sandra Scott (D), Rex.
H.B. 301  Landlord to Tenant Notices by Rep. Sam Park (D), Lawrenceville.
H.B. 311  Insurance Tax Credits by Rep. Viola Davis (D), Stone Mountain.
H.B. 332  Restrict Employment Non-Compete Clause by Rep. Dar’shun Kendrick (D), Lithonia.
H.B. 337  Tangible Personal Property Tax Extension by Rep. Ron Stephens (R), Savannah.
H.B. 344  Landlord & Tennant General Warranty Rights by Rep. Josh McLaurin (D), Sandy Springs.
H.B. 350  Employee Jury Duty Participation Benefits by Rep. Viola Davis (D), Stone Mountain.
H.B. 352  Property Tax Bill Assessments by Rep. Martin Momtahan (R), Dallas.
H.B. 356  Prohibit Employment Age Discrimination by Rep. Kim Schofield (D), Atlanta.
H.B. 379 Employment Salary Information Disclosure by Rep. Renitta Shannon (D), Decatur.
H.B. 380 Employment Security Benefits by Rep. Kim Schofield (D), Atlanta.
H.B. 391 Employment Policies Against Bullying by Rep. Mandisha Thomas (D), Atlanta.
H.B. 393 Tax on High-Technology Data Center by Rep. Ron Stephens (R), Savannah.
H.B. 399 Georgia Higher Education Savings Plan by Rep. Heath Clark (R) Warner Robbins.
H.B. 408 Property Dispossessory Initiation Procedure by Rep. Sharon Cooper (R), Marietta.
H.B. 416 Real Estate Transfer Tax Calculation by Rep. Shaw Blackmon (R), Bonaire.
H.B. 417 Real Estate Transfer Tax Calculation by Rep. Shaw Blackmon (R), Bonaire.
H.B. 422 Conservation Use Property by Rep. David Knight (R), Griffin.
H.B. 426 Property Sales with Tax Levies by Rep. David Knight (R), Griffin.
H.B. 427 Conservation Use Property by Rep. David Knight (R), Griffin.
H.B. 429 Business Property Tax by Rep. David Knight (R), Griffin.
H.B. 467 Landlord Consent Proof for Tenant Home Business by Rep. Dar’shun Kendrick (D) Lithonia.
H.B. 482 Valuation of Land for Agricultural Incentive Zones by Rep. Marvin Lim (D), Norcross.
H.B. 483 Owners Rights to Install Solar Energy Device by Rep. Spencer Frye (D), Athens.
H.B. 487 Destination Marketing Organization Tax Refund by Rep. David Dreyer (D), Atlanta.
H.B. 504 GA Agribusiness & Rural Jobs Act 2nd Round by Rep. Bruce Williamson (R), Monroe.
H.B. 510 Nonrefundable Earned Income Tax Credit by Rep. Houston Gaines (R), Athens.
H.B. 522 DBF Conduct Community Reinvestment Evaluations by Rep. Marvin Lim (D), Norcross.
H.B. 524 Landlord to Tenant Rights and Responsibility Notice by Rep. Marvin Lim (D), Norcross.
H.B. 527 Tax Credit for Retaining 90% of Employees by Rep. Yasmin Neal (D), Jonesboro.
H.B. 549 Georgia Safe Workplace Act by Rep. Bee Nguyen (D), Atlanta.
H.B. 550 Unfair Trade Practice for Failure to Disclose License by Rep. Marvin Lim (D), Norcross.
H.B. 561 Condominium Bulk Owner Termination Agreement by Rep. Spencer Frye (D), Athens.
H.B. 563 Tax Exemption for High-Technology Data Centers by Rep. Todd Jones (R), South Forsyth.
H.B. 573 Public Restriction of Property Tax Records by Rep. Philip Singleton (R), Sharpsburg.
H.B. 581 Insurance Consumer Bill of Rights Act by Rep. Martin Momtahan (R), Dallas.
H.B. 584 Daily Overtime Pay for Eligible Employees by Rep. William Boddie (D), East Point.
H.B. 592 Gross Negligence Standard for COVID-19 by Rep. Matthew Wilson (D), Brookhaven.
H.B. 594 Tax on Transactions of Digital Goods & Services by Rep. Kasey Carpenter (R), Dalton.
H.B. 598 Insurer Liability for Refusing to Cover Losses by Rep. Joseph Gullett (R), Dallas.
H.B. 607 GA Veterans Work Opportunity Tax Credit by Rep. Karen Bennett (D), Stone Mountain.
H.B. 616 Potential Unique ID’s for Business & Entities by Rep. Timothy Barr (R), Lawrenceville.
H.B. 618 Elder Abuse Protection for Wills by Rep. Bert Reeves (R), Marietta.
H.B. 636 Employee Rest Break by Rep. William Boddie (R), East Point.
H.B. 643 Terminate Tax Exemption on Public Property by Rep. Rhonda Burnough (D), Riverdale.
H.B. 656 COVID-19 Credit Report Protection Act, by Rep. Penny Houston (R), Nashville.
H.B. 664 Georgia Industrialized Buildings Act by Rep. Mesha Mainor (D), Atlanta.
HB. 674 Financial Institutions Earned Wages Access Service by Rep. Tom Kirby (R), Loganville.
H.B. 679 Mobile Homes Display Tax Decals by Rep. Mike Cameron (R), Rossville.
H.B. 698 Paid Parental Leave for Employees by Rep. Spencer Frye (D), Athens.
H.B. 699 COVID-19 Worker Protections by Rep. Spencer Frye (D), Athens.
H.B. 700 COVID-19 Occupation Disease for Essential Workers by Rep. Spencer Frye (D), Athens.
H.B. 736 Office of State Inspector General by Rep. Timothy Barr (R), Lawrenceville.
H.B. 746 Safe Place of Employment by Rep. Marvin Lim (D), Norcross.
H.B. 816 Judgments Reported by Consumer Reporting Agencies by Rep. Marvin Lim (D), Norcross.
H.B. 818 Eviction Diversion Program by Rep. Marvin Lim (D), Norcross.
H.B. 819 Foreclosure Resolution Program by Rep. Marvin Lim (D), Norcross
H.B. 829 Threshold for Jury Request by Rep. James Burchett (R), Waycross.
H.B. 843 Low-Income Property Tax Exemption by Rep. Betsy Holland (D), Atlanta.
H.B. 847 Time Off Work for Domestic Violence Victims by Rep. Michael Smith (D), Marietta.
H.B. 856 Commission on the Disparate Impact of COVID-19 by Rep. Kim Schofield (D), Atlanta.
H.B. 858 Innocent Georgia Process Improvement Act by Rep. Sandra Scott (D), Rex.
H.B. 859 Uniform Civil Forfeiture Procedure Act by Rep. Sandra Scott (D), Rex.
H.B. 860 Uniform Civil Forfeiture Procedure Act by Rep. Sandra Scott (D), Rex.
H.B. 869 Prohibit Vaccination Requirement by Local Governments by Rep. Charlice Byrd (R), Woodstock.
H.B. 875 Unemployment Insurance Working Group Act by Rep. William Boddie (D), East Point.
H.B. 894 Evictions During Pandemic by Rep. William Boddie (D), East Point.
H.B. 940 Electronic Wills by Rep. Sandra Scott (D), Rex.
H.B. 965 Crimes on Premises by Rep. Meisha Mainor (D), Atlanta.
H.B. 977 Prohibition of Age Discrimination by Rep. Kim Schofield (D), Atlanta.
H.B. 995 Mandatory Sick Leave by Rep. William Boddie (D), East Point.
H.B. 1091 Firearms by Rep. Martin Momtahan (R), Dallas.
H.B. 1093 Use Restrictions on Residential Dwellings by Rep. Dale Washburn (R), Macon.
H.B. 1149 GA Evictions Records Restriction Act by Rep. Rhonda Burnough (D), Riverdale.
H.B. 1152 Require Merchants to Accept Cash by Rep. Mesha Mainor (D), Atlanta.
H.B. 1177 Seeking Applicant’s Salary History by Rep. Debra Bazemore (D), Riverdale.
H.B. 1221 Lien Filings of $10,000 or Less by Rep. Matthew Gambill (R), Cartersville.
H.B. 1278 Sales Tax Exemption for Renovation or Expansion of Museums by Rep. Patty Bentley (D), Reynolds.
H.B. 1296 Inheritance by an Abandoning Spouse by Rep. Greg Kennard (D), Lawrenceville.
H.B. 1310 Require Appraisal Provision for Fire Coverage Policies by Rep. Emory Dunahoo, Jr. (R), Gillsville.
H.B. 1334 Tiny Home on Wheels by Rep. Stan Gunter (R), Blairsville.
H.B. 1360 Intangible Recording Tax by Rep. Will Wade (R), Dawsonville.
H.B. 1389 Safe Workplaces Act by Rep.
H.B. 1395 Electronic Copies of Certificates of Title by Rep. Josh McLaurin (D), Atlanta.
H.B. 1400 Revise Number of Class 1 and Class 2 Medical Cannabis Production Licenses by Rep. Alan Powell (R), Hartwell.
H.B. 1413 Commercial Property Clean Energy and Resilience Act by Rep. Trey Rhodes (R), Greensboro.
H.B. 1458 Source of Income by Rep. Spencer Frye (D), Athens.
H.B. 1480 Unemployment Benefits Eligibility by Rep. Matthew Gambill (R), Cartersville.
H.B. 1530 HOPE Small Business Grants by Rep. Yasmin Neal (D), Morrow.
H.B. 1532 Hemp Farming by Rep. Jason Ridley (R), Chatsworth.
 
 
House Resolutions
 
H.R. 53 COVID-19 Pandemic Credit Reporting Moratorium by Rep. Kim Schofield (D), Atlanta.
H.R. 72 COVID-19 Negative Credit Reporting Moratorium by Rep. Kim Schofield (D), Atlanta.
H.R. 164 Open-Space Land for Agricultural Incentive Zone, by Rep. Marvin Lim (D), Norcross.
H.R. 249 Enact Legislation Related to Cannabis, by Rep. Micah Gravely (R), Douglasville.
H.R. 579 GA Commission on Sustainability and Economic Opportunity by Rep. Don Parsons (R), Marietta.
H.R. 581 Lottery Games To Support Economic Development by Rep. Yasmin Neal (D), Morrow.
H.R. 627 Bureaucratic Hindrances to Businesses by Rep. Bill Yearta (R), Sylvester.
 
Senate Bills
 
S.B. 1 Georgia All-Payer Claims Database by Sen. Dean Burke (R), Bainbridge.
S.B. 14 Employment Security Benefits for Personal File by Sen. Tonya Anderson (D), Lithonia.
S.B. 24 Raise Minimum Wage Law by Sen. Gloria Butler (D), Stone Mountain.
S.B. 58 Refundable Earned Income Tax Credit by Sen. Elena Parent (D), Atlanta.
S.B. 63 Fair Business Practice Act and Digital Applications by Sen. Matt Brass (R), Newnan.
S.B. 136 Repeal Arrest by Private Persons, by Sen. Gloria Butler (D), Stone Mountain.
S.B. 139 Civil Forfeiture upon Criminal Conviction, by Sen. Gloria Butler (D), Stone Mountain.
S.B. 151 Organized Retail Crime Prevention Act, by Sen. John Albers (R), Roswell.
S.B. 154 Property Owners Association Property Assessment Cap, Sen. Donzella James (D), Atlanta.
S.B. 156 Chief Labor Officer by Sen. Marty Harbin (R), Tyrone.
S.B. 206 Landlord & Tenant Past Evictions During COVID-19, by Sen. Nikki Merritt (D), Grayson.
S.B. 243 Revise the Offense of Improper Sexual Contact, by Sen. Jennifer Jordan (D), Atlanta.
S.B. 278 Employee Protections for Reporting Violations of Law, by Sen. Nikki Merritt (D) Grayson.
S.B. 323 Repeal State Income Tax by Sen. Butch Miller (R), Gainesville.
S.B. 329 Apportionment of Awards of Damages by Rep. Bo Hatchett (R), Cornelia.
S.B. 371 Credit Repair Services Organization by Rep. Larry Walker III (R), Perry
S.B. 394 Computer Data Privacy Act by Sen. Greg Dolezal (R), Alpharetta.
S.B. 439 Property Owner Appearance in Dispossessory Proceedings by Sen. Lindsey Tippins (R), Marietta.
S.B. 471 Online Public Sales Under Tax Levies by Sen. Randy Robertson (R), Cataula.
S.B. 485 Statute of Frauds by Sen. Greg Dolezal (R), Alpharetta.
S.B. 494 Use Restrictions on Residential Dwellings by Sen. Steve Gooch (R), Dahlonega.
S.B. 502 Definition of Employment by Sen. Brian Strickland (R), McDonough.
S.B. 524 Call Centers by Sen. Nikki Merritt (D), Grayson.
S.B. 582 Unsolicited Written Inquiries Relating to Sale of Real Estate by Sen. Horacena Tate (D), Atlanta.
S.B. 585 Telephone Solicitations by Sen. Horacena Tate (D), Atlanta.
S.B. 593 Motor Vehicle Title Loan Act by Sen. Randy Robertson (R), Cataula.

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Day 29 of the Session

3/16/2022

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Day 28 of the Session

3/15/2022

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Legislative Days 25 – 27

3/11/2022

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March 8, 2022 to March 11, 2022
 
Critical Crossover Day Approaches
Next Tuesday is Crossover Day, a critical procedural milestone in Georgia’s forty-day legislative session.  March 15 is the last day for Senate bills to pass the Senate and House bills to pass the House if they are to have a chance at making it to the Governor’s desk this year.  Session typically stretches well into the evening to pass as many bills as possible.
 
As a result, this has been an exceptionally busy week as committees work to move bills into position for consideration by the full chambers before the deadline.  Legislation that does not crossover is technically dead as a standalone measure, although contents of entire bills are often added to other germane legislation in an effort to keep an issue alive.

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Qualifying and Election Update

3/11/2022

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More than 570 individuals qualified for federal, statewide, and legislative seats this week.  Hundreds more have thrown their name in the hat for local offices.  As is always the case, vacancies at the top of the ticket create an upswell.  At least fifteen lawmakers have left the comforts of incumbency to seek higher office, many of them running for the open Lt. Governor, Agriculture Commissioner, or Labor Commissioner posts.
 
Other lawmakers have decided it’s time to call it quits and have announced they will not seek reelection.  At least 17 incumbents will return to their life as full-time citizens at the end of this term.  The General Assembly is losing more than 200 years of institutional knowledge and experience with these departures, highlighted by the retirement of Senator Jeff Mullis, chairman of the powerful Senate Rules Committee, and Representative Terry England, longtime chair of the House Appropriations Committee.  Rep. Calvin Smyre will not seek reelection, having been appointed ambassador to the Dominican Republic by President Joe Biden; he has served in the House since 1975.
 
For those seeking reelection, opponents are plentiful.  Given the impact of new legislative maps, most districts are drawn to heavily favor one party or the other.  The practical implication is that the critical vote happens in the Primary election; the victor will often cruise to victory in the General, if they have an opponent at all.  At least 13 senators and 41 representatives will face a challenger in the May 24 Primary.

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New Bills that CBA is Tracking

3/11/2022

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H.B. 1530 was introduced in the House by Rep. Yasmin Neal (D), Jonesboro.  The bill establishes HOPE small business grants.  Under the program, participating students enrolled in authorized programs at participating institutions would complete designated courses leading to a diploma or certificate, develop a student business plan as part of those courses, and be awarded investment funds for a small business.  It also establishes the Small Business Incubator, Apprenticeship, and Work-study Program by the State Board of the Technical College System of Georgia.  The bill was assigned to the Regulated Industries Committee.  The bill was passed by the Lottery Oversight-Gaming Subcommittee and moves to full Committee. 
 
H.B. 1532 was introduced in the House by Rep. Jason Ridley (R), Chatsworth.  The bill relates to hemp farming and updates the license and permit fees and provides for retail and wholesale hemp food establishment licenses.  It was assigned to the Agriculture & Consumer Affairs Committee.  The bill was presented to the Committee on March 10; however, no action was taken. 
 
S.B. 609 was introduced in the Senate by Sen. Jeff Mullis (R), Chickamauga.  It revises the Medical Cannabis Commission Oversight Committee.  Notably, it requires the Commission to complete the post-award protest process by July 1 and ties the quantity of available production licenses to the number of patients on the Low THC Oil Patient Registry.  The bill was assigned to the Health and Human Services Committee on March 8 and given a hearing that same day.  After a lengthy debate, it passed as a substitute.

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Updates on Legislation CBA is Tracking

3/11/2022

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Floor Updates
 
H.B. 1352 Disposition of Unclaimed Property and Wills by Rep. Vance Smith, Jr. (R), Pine Mountain.  The bill was passed by the House with a vote of 115-47.  The bill was read in the Senate and assigned to the Special Judiciary Committee. 
 
H.B. 1437 Income Tax Rate Reduction by Rep. Shaw Blackmon (R), Bonaire.  The bill was passed by the House with a vote of 115-52.  Most Democrats opposed the measure, citing analysis that says it would increase taxes on more than 500,000 Georgians.
 
S.B. 345 Prohibit Vaccine Passports by Sen. Jeff Mullis (R), Chickamauga.  It prohibits state and local governments from requiring proof of COVID-19 as a condition of providing service or access to a facility.  The Senate adopted the bill with a vote of 31-19 on March 4.  The bill was read in the House and assigned to the Health & Human Services Committee.
 
S.B. 371 Credit Repair Service Organizations by Sen. Larry Walker III (R), Perry.  After several members of the Senate Republican Caucus questioned the merits of the bill, it was Tabled on March 9.  It can be removed from the table at any time.
 
S.B. 493 Nonjudicial Foreclosure for Time-Shares Estates by Rep. Jeff Mullis (R), Chickamauga.  The bill was passed by the Senate with a vote of 47-0.  The bill was read in the House and assigned to the Judiciary Committee.
 
 
Committee Actions
 
H.B. 733 Guaranteed Asset Protection Waiver by Rep. Tyler Paul Smith (R), Bremen. The bill was passed as a substitute by the Insurance Committee.   
 
H.B. 997 Ad Valorem Timber Exemption by Rep. Sam Watson (R), Moultrie.  The bill was passed as a substitute by the Ways & Means Committee.
 
H.B. 1152 Require Merchants to Accept Cash by Rep. Mesha Mainor (D), Atlanta.  In the substitute version passed by the Agriculture & Consumer Affairs Committee, all “merchants” must accept legal tender when offered as payment.  It exempts sole proprietors, sales made online or through an automated machine, and merchants at large events.
 
H.B. 1350 Notices to Beneficiaries Regarding Probate Wills by Rep. Will Wade (R), Dawsonville.  The bill was passed as a substitute by the Judiciary Committee. 
 
H.B. 1358 Handgun in Parks, Historic Sites, Recreational Areas by Rep. Mandi Ballinger (R), Canton.  The bill was passed as a substitute by the Public Safety and Homeland Security Committee. 
 
H.B. 1478 Electronic Submission of Certificates of Title by Rep. Jason Ridley (R), Chatsworth.  The bill was passed by the Motor Vehicles Committee. 
 
S.B. 227 Blighted Properties by Sen. Emanuel Jones (D), Decatur.  The bill was passed as a substitute by the Judiciary Committee. 
 
S.B. 491 Down Payment Savings Program by Sen. Gail Davenport (D), Jonesboro.  The bill was passed as a substitute by the Banking and Financial Institutions Committee. 
 
 
Hearings Only
 
S.B. 323 Repeal State Income Tax by Sen. Butch Miller (R), Gainesville.  The bill was presented to the Finance Committee.

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Community Bankers and CBA Lobbyists Testify Before House Small Business Committee

3/11/2022

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CBA’s John McNair and Lori Godfrey testified in front of the House Small Business Committee, chaired by Rep. Mike Cheokas. As the exclusive representatives of Georgia’s community banking industry, John and Lori noted the remarkable accomplishments of community banks in effectively making PPP loans which saved over 1 million jobs in Georgia. Additionally, John and Lori discussed the regulatory burden and competitive disadvantages community banks must overcome to compete. In Georgia, nearly 200 community banks have closed or merged out of existence since 2000, and this continued decline will further reduce access to credit and banking services for small businesses and individuals alike—especially in rural and minority communities. John and Lori strongly urged the committee and the entire legislature to work with CBA to find ways to level the playing field for Georgia’s community banks.
 
Joining in testimony were Greg Proffitt and Tonya Burnett from Newton Federal Bank. Both discussed the challenges community banks faced over the past few years and highlighted the intense regulatory burden associated with making residential loans. Greg noted that regulatory burden in the post-Dodd Frank era has forced many community banks out of the residential lending business.   
 
CBA was the only banking association to testify and was joined by representatives from the Georgia Association of Realtors. We are grateful for the committee’s interest in this important topic and stand ready to work with all to do what is needed to keep communities and community banks strong. ​
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Day 26 of the Session

3/10/2022

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Legislative Days 21 – 24

3/4/2022

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​February 28, 2022 to March 4, 2022
 
Income Tax and Qualifying
They say the best defense is a good offense.  Members of the House Republican Caucus have taken this adage to heart.  Several leading legislators stood shoulder to shoulder with Speaker David Ralston on Tuesday as he unveiled a proposed $1 billion tax cut.  HB 1437 calls for a flat 5.25% state income tax and more than doubles the amount of income exempt from taxation.
 
While the changes would not apply until the 2024 tax year, the timing of the proposal is not an accident.  Next week is qualifying – a time when both incumbent lawmakers and those wishing to unseat them – journey to the Capitol to prove their residency, pay their fees, and officially enter the race.  This high-profile tax reform measure may help stave off challengers and shore up support at home in fiscally conservative small-government districts.
 
Next week lawmakers will be active each day.  Qualifying begins Monday at 9am and runs through noon on Friday.  Next week’s legislative report will include a separate qualifying analysis.

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New Bills that CBA is Tracking

3/4/2022

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HB 1437 was introduced in the House by Ways and Means Chairman Shaw Blackmon (R), Bonaire.  The bill creates a flat income tax with a 5.25% rate and increases the standard exemption.  The bill was assigned to the House Ways and Means Committee and received its first subcommittee hearing on Mar-3.
 
HB 1458 was introduced in the House by Rep. Spencer Frye (D), Athens.  It prohibits housing discrimination based on source of income, which would include Section 8 Housing Choice Vouchers.  The bill was assigned to the House Judiciary Committee.
 
HB 1478 was introduced in the House by Rep. Jason Ridley (R), Chastworth. It provides for the electronic submission of certificates of title to the Department of Revenue by motor vehicle dealers.  The bill was assigned to the House Motor Vehicles Committee.
 
HB 1480 was introduced in the House by Rep. Matthew Gambill (R), Cartersville.  It allows individuals to seek unemployment benefits for voluntary separation from employment if they are immunocompromised or have opted not to comply with employer-mandated COVID-19 vaccination as a condition of continued employment.  It was assigned to the House Industry and Labor Committee.
 
SB 582 was introduced in the Senate by Sen. Horacena Tate (D), Atlanta.  It requires certain language on unsolicited written inquiries or mailings relating to the sale of real estate and allows for class action suits and for damages for violating these requirements.  It was assigned to the Senate Agriculture and Consumer Affairs Committee.
 
SB 593 was introduced in the Senate by Sen. Randy Robertson (R), Cataula.  It requires the Department of Banking and Finance to license and regulate motor vehicle title lenders.  It further removes provisions relating to liens of pawnbrokers regarding motor vehicles or their titles.  It was assigned to the Senate Finance Committee.

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Updates on Legislation CBA is Tracking

3/4/2022

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Floor Updates
 
HB 961 Apportionment of Damages by Rep. Chuck Efstration (R), Dacula.  In August 2021, the Georgia Supreme Court upended Georgia’s longstanding apportionment statute.  In the opinion, the court ruled that only named defendants could be apportioned fault.  This increases exposure and liability for “deep pocket” defendants.  HB 961 restores the statute by allowing apportionment of damages in single-defendant lawsuits.  The law would become effective for all cases filed after the signature of the Governor.  After being postponed for several weeks, the House adopted the bill 168-0.
 
HB 974 Deeds Requiring Electronic Filing by Rep. Joseph Gullett (R), Dallas.  Requires deeds, mortgages, liens, maps or plats, and state tax executions to be filed electronically with the clerk of the superior court.  During a Feb-10 hearing, there was debate about how the electronic mandate would impact individuals making filings in superior court.  In the version adopted by the House 164-3, the clerk is required to accepted original paper filings for recordation by delivery in person.
 
Committee Actions
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HB 1400 Revises Medical Cannabis Production Licenses by Rep. Alan Powell (R), Hartwell.  This makes comprehensive revisions to the Access to Medical Cannabis Commission and the Oversight Committee.  It revises the number of Class I and Class II production licenses that can be issued by the Commission.  This has been a source of discontent following an initial procurement process that has yet to result in medical cannabis products being produced for Georgians qualifying to utilize them.  The bill was passed by the Regulated Industries Committee on Mar-1.
 
SB 371 Credit Repair Services Organizations by Sen. Larry Walker (R), Perry.  It authorizes for-profit credit repair services.  It came out of the Senate Agriculture and Consumer Affairs Committee on Feb-24 and is eligible for placement on an upcoming Senate debate calendar.
 
Hearings Only
 
HB 1152 Requires Merchants to Accept Cash by Rep. Mesha Mainor (D), Atlanta.  This bill requires merchants to accept cash for purchases.  A substitute version requires merchants who are unable to provide change for overpayment to issue a store credit.  During a Mar-2 hearing, committee members were generally supportive but questioned how this would apply to automated parking lots, non-profits (like Girl Scout cookie sales), and other merchants that aren’t traditional storefronts.
 
SB 116 Maternity Supportive Housing by Sen. Randy Robertson (R), Cataula.  The bill was given a hearing in the House Health and Human Services Committee on Mar-1.
SB 227 Blighted Properties by Sen. Emanuel Jones (D), Decatur.  It provides for an alternative process for a county, municipality, or consolidated government to condemn certain blighted properties.  It was given a hearing in the Senate Judiciary Committee on Feb-28.
 
SB 494 Use Restrictions on Residential Dwellings by Sen. Steve Gooch (R), Dahlonega.  It prohibits local government entities from enacting or enforcing any restrictions on land or dwellings that are or are anticipated to be subject to a residential rental agreement of more than 30 days in duration and are located on any property where residential dwellings are allowed.  It was given a hearing in the Senate State and Local Governmental Operations Committee on Mar-1.  It is similar to HB 1093.

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    Lori Godfrey
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