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

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

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

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

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

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