Advocacy Update 2023 - Legislative Days 24-27

Posted By: Lori Godfrey Advocacy Update,
Critical Crossover Day Imminent
Monday, March 6 is the critical Crossover Day milestone.  It is the final 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.  The House and Senate are expected to work late into the evening on Monday to consider as much legislation as possible.
 
The imminent deadline means committees have been exceptionally active this week as they perfect measures and position them for consideration in full chambers by the close of business Monday.  There were over 90 committee meetings this week alone.  Despite this, most bills that have been introduced will not come out of committee or meet the Crossover Day deadline.

New Legislation of Interest
Property Owner Responsibility for Safety (HB 568)                                      Rep. Beth Camp, R-Concord
Assigned to the House Judiciary Cmte on Feb-27
Provides that a person, business, or other entity that owns or legally controls a property and prohibits a lawful weapons carrier from possessing a weapon on such property shall assume absolute custodial responsibility for the safety of such lawful weapons carrier from certain threats.
 
Life from the Moment of Conception (HB 604)                                     Rep. Charlice Byrd, R-Woodstock
Assigned to the House Public Health Cmte on Mar-1
Provides that life is valued and protected from the moment of conception and that each life, from that moment, is accorded the same rights and protections guaranteed to all persons.
 
Debtor’s Aggregate Interest in Real or Personal Property (HB 628)             Rep. Matt Reeves, R-Duluth
Assigned to the House Education Cmte on Mar-1
Revises the exemption for a debtor's aggregate interest in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot.
 
Repair of a Digital Electronic Payment (SB 243)                                       Sen. Emanuel Jones, D-Decatur
Assigned to the Senate Science and Technology Cmte on Feb-27
Requires a manufacturer to provide certain items necessary for the diagnosis, service, maintenance, or repair of a digital electronic product.
 
Requirements for Earned Wage Access Services (SB 254)                             Sen. Matt Brass, R-Newnan
On agenda for the Senate Floor on Mar-6
Provides requirements for earned wage access services.  Provides for fees that may be charged for such services.  Provides that earned wage access payments are nonrecourse and are not loans.  Provides that permitted fees are not interest.
 
Electronic Notarizations (SB 265)                                                                    Sen. Blake Tillery, R-Vidalia
Assigned to the Senate Judiciary Cmte on Feb-28
Provides for electronic notarization of certain notarial acts using real time audio video communication technology when certain requirements are satisfied.  Many call this “RIN”.  Click here to view the different Notarization Types.
 
Notarial Acts (SB 271)                                                                                      Sen. John Albers, R-Roswell
Assigned to the Senate Judiciary Cmte on Feb-28
Authorizes in-person electronic execution of notarial certificates and provide for issuance of standards.  Many call this “IPEN”.  Click here to view the different Notarization Types. 
 
 
Prohibit Retaliatory Action Against Employees (SB 282)                Sen. Brian Strickland, R-McDonough
Assigned to the Senate Insurance and Labor Cmte on Mar-2
Prohibits private employers from preventing an employee from engaging in certain protected activities relating to the reporting of violations of or noncompliance with a law, rule, or regulation.  Prohibits retaliatory action against employees of private employers who engage in certain protective activities.  Provides for a cause of action and remedies.
 
Pregnancy Protection Act (SB 283)                                                   Sen. Brian Strickland, R-McDonough
Assigned to the Senate Judiciary Cmte on Mar-2
*See also HB 556*
Provides for reasonable accommodations to job applicants and employees for circumstances related to pregnancy, childbirth, and related conditions; provides for a civil cause of action.

Other Active Measures 
Annual Housekeeping Package (HB 55)                                               Rep. Bruce Williamson, R-Monroe
Passed out of the Senate Banking Cmte on Feb-28
HB 55 is the Department of Banking and Finance’s annual housekeeping package.  The Department has been working with stakeholders, the Governor’s Office, Legislative Counsel, and specific legislators since the summer on this 110-page bill.  It touches primarily on the Department’s supervision of credit unions, banks, trust companies, foreign bank branch offices, and non-depository financial institutions. 
 
Disclosure Statement for Sale of Energy Systems (HB 73)                      Rep. Joseph Gullett, R-Acworth
Passed out of the House with a vote of 125-44 on Feb-28
Requires that the seller provide a written disclosure statement with any agreement for the sale of distributed energy generation systems or for the financing of such systems through leases or solar energy procurement agreements.
 
Commercial Financing Transactions (HB 84)                                          Rep. Trey Rhodes, R-Greensboro
Passed out of the House with a vote of 101-68 on Feb-28
Adds a new code section specific to commercial financing transactions, defined as a business purpose transaction in which a person extends a business a commercial loan or a commercial open-end credit plan OR that is an accounts receivable purchase transaction.
 
Internal Revenue Code Conforming Changes (HB 95)                                    Rep. David Knight, R-Griffin
Passed out of the Senate Finance Cmte on Mar-2
Incorporates certain provisions of the federal law into Georgia law.
 
Achieving a Better Life Experience (ABLE) (HB 122)                                Rep. Lee Hawkins, R-Gainesville
Passed out of the House with a vote of 167-0 on Feb-27
*See also HB 1008 from 21/22*
Changes governance of the Georgia ABLE program to the board of directors of the GA Higher Education Savings Plan; removes the maximum amount of contributions currently allowed per beneficiary and authorizes the Board to establish the maximum.
 
Expand TANF to Pregnant Women (HB 129)                                           Rep. Soo Hong, R-Lawrenceville
Passed out of the Senate Children and Families Cmte on Mar-1
Expands temporary assistance for needy families eligibility criteria to pregnant women.
 
Authorize For-Profit Credit Repair (HB 187)                                               Rep. Rob Leverett, R-Elberton
Withdrawn from the Rules Calendar and recommitted to House Agriculture and Consumer Affairs Cmte on Mar-2
Existing Georgia law only allows credit repair services offered by lenders, banks insured by the FDIC, and nonprofit organizations.  HB 187 opens Georgia’s credit repair industry by authorizing for-profit credit repair services.  Industries that rely heavily on credit scores have been weary of past efforts because CRSOs tend to dispute accurate and valid items, potentially diminishing the value of credit scores.
 
Access to Medical Cannabis Committee (HB 196)                                        Rep. Alan Powell, R-Hartwell
Passed out of the House Judicial Non-Civil Cmte on Feb-28
Provides that the Georgia Access to Medical Cannabis Commission shall be subject to the Administrative Procedure Act and laws governing open meetings and open records.
 
Offense of Money Laundering (HB 219)                                       Rep. Scott Hilton, R-Peachtree Corners
Passed out of the House Judiciary Non-Civil Cmte on Mar-2
Provides for venue for the offense of money laundering; provides for venue for the offense of theft of money held in a financial institution.
 
Property Owners’ Association (HB 220)                                                      Rep. Rob Leverett, R-Elberton
Passed out of the House with a vote of 144-22 on Feb-27
Provides for means of enforcement of condominium and property owners' association instruments, rules, and regulations; provides for compliance with, and means of enforcement of, covenants and instruments for certain planned subdivisions.
 
Criminal Interference with Critical Infrastructure (HB 227)                       Rep. Rob Leverett, R-Elberton
Passed out of the House with a vote of 174-0 on Mar-2
Provides for the offense of criminal interference with critical infrastructure, defined as a "publicly or privately owned facilities, systems, functions, or assets, whether physical or virtual, providing or distributing services for the benefit of the public, including, but not limited to, energy, fuel, water, agriculture, health care, finance, or communication."
 
Cause for Action for Revenue Provisions (HB 267)                                Rep. Tyler Paul Smith, R-Bremen
On the agenda for the House Floor on Mar-6
Authorizes private causes of action for equitable relief regarding the failure of employers to comply with revenue provisions regarding employees.
 
Nonjudicial Foreclosure of Time-Share Estates (HB 292)                              Rep. Matt Reeves, R-Duluth
Passed out of the House Judiciary Cmte by substitute on Mar-1
*See also SB 493 from 21/22 (ENACTED)*
Revises procedures regarding nonjudicial foreclosure of time-share estates.  Provides for interests of mortgagees and trustees.  Provides for recording of time-share interests.  Provides for sales of encumbered time-share estates and proceeds of same.
 
Motor Vehicle Title Loan Act (HB 342)                                               Rep. Josh Bonner, R-Peachtree City
Hearing held in House Banks & Banking Cmte on Mar-1
Requires the Department of Banking and Finance to license and regulate title lenders.  Provides for procedures, conditions, and limitations relative to title loans.  Provides for terms, interest, charges, and loan agreements.  Provides for rights and requirements of lenders and borrowers in case of default
 
Projects of Regional Significance (HB 408)                                          Rep. Bruce Williamson, R-Monroe
Passed out of the House with a vote of 169-2 on Mar-2
Changes the sunset provision for the exemption for competitive projects of regional significance.
 
Income Taxes Paid at the Entity Level (HB 412)                                  Rep. Bruce Williamson, R-Monroe
Passed out of the House Ways & Means Cmte by substitute on Mar-2
Repeals a limitation on the types of partnerships that may elect to pay income taxes at the entity level.
 
Lis Pendens (HB 444)                                                                                       Rep. Matt Reeves, R-Duluth
Passed out of the House with a vote of 171-0 on Feb-27
*See also HB 554 from 21/22*
Revises when an action may operate as a lis pendens.
 
Prohibit Interest in Land by Certain Nonresident Aliens (HB 452)                Rep. Clay Pirkle, R-Ashburn
Passed out of the House Agriculture & Consumer Affairs Cmte by substitute on Feb-28
Prohibits the acquisition of possessory interest in certain land by certain nonresident aliens.
 
Unsolicited Home Sales (HB 471)                                                                    Rep. Clint Crowe, R-Jackson
Passed out of the House Agriculture & Consumer Affairs Cmte on Mar-1
Provides guidelines and penalties for the unsolicited purchase of real estate.
 
Georgia Online Automatic Renewal Transparency Act (HB 528)             Rep. Houston Gaines, R-Athens
Passed out of the House Agriculture & Consumer Affairs Cmte by Substitute on Mar-1
Provides for regulation of certain acts and practices of businesses that offer paid subscriptions or purchasing agreements online subject to automatic renewal or continuous service.  Provides for online cancellation.  Provides that certain automatic online renewal offers and online continuous service offers shall be unlawful. Provides that terms shall be clear and conspicuous. Provides that online businesses shall obtain customers' consent prior to authorizing a charge to any debit card, credit card, or consumer's account with a third party. 
 
Apex Doctrine (HB 530)                                                                         Rep. James Burchett, R-MIllwood
Passed out of the House with a vote of 156-8 on Mar-2
'*See also SB 200*
Provides for protective orders for certain high-ranking officers
 
Local Government Investment Policy (HB 531)                                       Rep. Carter Barrett, R-Cumming
Passed out of the House Banks & Banking Cmte by Substitute on Mar-1
Provides for local government investment policies.  Authorizes additional investment options for school funds.
 
Pregnancy Protection Act (HB 556)                                                        Rep. Tyler Paul Smith, R-Bremen
Passed out of the House Industry and Labor Cmte on Mar-2
Provides for reasonable accommodations to job applicants and employees for circumstances related to pregnancy, childbirth, and related conditions; provides for a civil cause of action.
 
Rate Reeducation for Sale or Harvest of Timber (HR 96)                           Rep. Noel Williams, R-Cordele
Passed out of the House with a vote of 170-1 on Mar-2
Proposes an amendment to the Constitution to reduce the rate of the ad valorem tax assessment of timber at sale or harvest; requires state appropriations to each county, municipality, or school district affected by the tax rate reduction.
 
Joint Study Cmte on Censorship by Social Media Platforms (HR 119)    Rep. Steven Sainz, R-Woodbine
Withdrawn from General Calendar and recommitted to Special Rules Cmte on Mar-1
Creates the Joint Study Committee on Censorship by Social Media Platforms.
 
Homelessness (SB 62)                                                                             Sen. Carden Summers, R-Cordele
Passed out of the Senate with a vote of 49-7 on Mar-2
Prohibits certain local ordinances or policies related to public camping or sleeping.  Provides for a performance audit by the state auditor on public spending on homeless programs.
 
Legal Services (SB 74)                                                                                       Sen. Blake Tillery, R-Vidalia
On the agenda for the Senate Floor on Mar-6
Requires the disclosure of the nature and practices of businesses that provide legal services.  Prohibits misrepresentations in advertising.  Prohibits false advertising related to legal services.  Prohibits persons ineligible to provide legal services from holding themselves out as attorneys.  Provides liability for the misrepresentation of the practice of law.
 
Disposition of Unclaimed Property (SB 103)                                       Sen. Russ Goodman, R-Homerville
On the agenda for the Senate Floor on Mar-6
*See also HB 1352 from 21/22*
Relates to the disposition of unclaimed property and provides for the handling of certain wills, specifically as it relates to instances when a will or trust instrument is included in a safe-deposit box.
 
City of Buckhead City (SB 114)                                                               Sen. Randy Robertson, R-Cataula
Lost in the Senate with a vote of 23-33 on Mar-2
Incorporates the City of Buckhead City.
 
Nonprofit Corporation (SB 148)                                                                    Sen. John Kennedy, R-Macon
Passed the Senate with a vote of 55-1 on Mar-2
Provides for the comprehensive revision of the statute related to nonprofit corporations.
 
Chiropractic Lien (SB 168)                                                                     Sen. Rick Williams, R-Milledgeville
On the agenda for the Senate Floor on Mar-6
*See also HB 641 from 21/22*
Adds chiropractors to the entities that can file hospital liens.
 
Premises Liability (SB 186)                                                                        Sen. Greg Dolezal, R-Alpharetta
On the agenda for the Senate Floor on Mar-6
Limits landowner liability regarding invitees, licensees, and trespassers.  Provides for no landowner liability due to allege constructive notice of prior crimes or violent nature.  Provides for the apportionment of fault.
 
Apex Doctrine (SB 200)                                                                                     Sen. Bill Cowsert, R-Athens
On the agenda for the Senate Floor on Mar-6
*See also HB 530*
Relates to general provisions governing discovery under the Civil Practice Act.  Provides for a party or current or former high ranking government or corporate officer of whom a deposition is sought to seek a protective order.  Requires a court to prohibit such deposition subject to exceptions.