Advocacy Update 2024 - Legislative Days 26-28

Trading One Chaotic Environment for Another 

February 29 was Crossover Day, the deadline for bills to be adopted by their authoring chamber.  The House and Senate worked late into the evening to pass as much legislation as possible.  Upon adjournment, the number of active bills dropped significantly, narrowing the field during the final twelve days of the session.  The focus now shifts back to committees, which must vet legislation from the opposite chamber over the next four weeks.  

While Crossover can be a chaotic environment, next week is sure to be even more of a circus.  All 236 members of the Georgia General Assembly stand for election later this year.  The qualifying period opens on March 4, and hundreds of candidates will descend on the second floor of the Capitol to pay their fees and register with party officials, pitting challengers against incumbents.  Complete analysis will be included in next week’s report. 

Bill Highlight: HB 1018 Georgia Firearms Industry Nondiscrimination 

Georgia Firearms Industry Nondiscrimination (HB 1018)  
Rep. Jason Ridley, R—Chatsworth 

House passed the bill with a vote of 106-60 on Feb 27th.  Bill assigned to the Senate Banking & Financial Institutions Committee on Feb 29th. 

The bill relates to the merchant category code or any other indicator that a financial institution assigns to a merchant or to a payment card transaction that identifies whether the merchant is a firearms retailer or whether the payment card transaction involves the purchase of a firearm or ammunition.  The National Rifle Association (NRA) passed similar legislation in Mississippi and the intent of HB 1018 is to mirror that.  While a large portion is identical to MS legislation, these differences will cause issues for Georgia’s financial institutions if not corrected.  Rep. Ridley agreed to all but one change requested by the financial services trade group.  The one change not made relates to the definition of “firearms code” and the codes created by the International Organization for Standardization (ISO).  CBA will continue to work with the author to advocate for a compromise on this remaining item.  Reportedly eighteen other states are considering similar legislation this year.   

Active Measures:  Banking Related 

Veterans Benefits (SB 451)  
Sen. Nabilah Islam Parkes, D—Duluth  

Senate passed the bill with a vote of 52-0 on Feb 29th   

The bill as originally introduced was gutted and replaced with new language.  The substitute bill provides protections for veterans and other eligible persons applying for benefits.  Oversight would be provided by the Georgia Department of Veterans Services or the United States Department of Veterans Affairs.  The substitute version no longer has any language relating to a loan program administered by the Department of Banking & Finance.   

Central Bank Digital Currency (HB 1053)  
Rep. Carter Barrett, R—Cumming 

House passed the bill with a vote of 136-32 on Feb 29th  

The bill prohibits governmental agencies from using central bank digital currency as payment and from participating in testing the use of such currency.   

Mortgage Trigger Act (HB 1040)  
Rep. Scott Hilton, R—Peachtree Corners 

House passed the bill with a vote of 169-1 on Feb 26th. Assigned to the Senate Banking & Financial Institutions Committee on Feb 27th. 

The bill prohibits unfair or deceptive practices in consumer transactions related to mortgage trigger leads.  Essentially, it bars credit reporting agencies from selling consumers’ contact information when they apply for a residential mortgage.  ICBA has advocated for the ‘trigger leads’ bill that was introduced in the U.S. House of Representatives on Feb 8th.  CBA provided feedback to the author on how to strengthen the intent based on feedback received from ICBA on this issue.  The author may work on changes in the Senate if the bill crosses over.   

Active Measures:  General Business 

Remote Online Notary (SB 425)  
Sen. Blake Tillery, R—Vidalia 

Senate passed the bill with a vote of 51-4 on Feb 29th   

The bill provides for the modernization of certain legal, notarial, and court services by electronic means.  It allows an attorney to conduct a real estate closing for property in this state using electronic means under certain conditions.  Attorneys in the financial institutions sector are currently reviewing the bill to determine if there are any major concerns with it as introduced.   

One change for some financial institutions is the requirement that any real estate loan must be closed by an attorney.  Some institutions have done HELOC and refinance closings at the institution with no attorney present.  If passed, the bill will require a change in procedures for these types of closings.   

The Remote Online Notary bill last was debated as HB 334 in 2022.  At that time, Sen. Blake Tillery opposed the legislation and SB 425 is his attempt at perfecting it.  Conceptually, CBA supports the use of a Remote Online Notary and remains hopeful that the parties can reach an agreement.   

Changes were made to the bill relating to commercial real estate closings and ensuring that these closings were not part of the bill.  The bill is only intended to cover 1-4 residential properties. 

Uniform Commercial Code Modernization Act of 2024 (HB 1240)  
Rep. Matt Reeves, R—Duluth  

House passed the bill with a vote of 163-1 on Feb 26th.  Bill assigned to the Senate Judiciary Committee on Feb 27th   

The bill updates and modernizes various statutes in the commercial code relating to commercial transactions to maintain uniformity in this state’s statutes governing commercial transactions as recommended by the National Conference of Commissioners on Uniform State Laws.  It establishes commercial law for transactions involving digital assets and adds new articles about electronic records and transitional provisions. 

Notarial Acts Performed in Another State (HB 1075)  
Rep. Scott Hilton, R—Peachtree Corners 

House passed the bill with a vote of 169-0 on Feb 29th  

The bill requires state agencies to accept certain notarial acts performed in other states and clarifies that a notarial act may be exercised in any Georgia county. 

Religious Freedom Restoration Act (SB 180)  
Sen. Ed Setzler, R—Acworth 

Senate passed the bill with a vote of 33-18 on Feb 29th  

The provides for the preservation of religious freedom and allows for the granting of relief. 

Small Business Protection Act (SB 429)  
Sen. Greg Dolezal, R—Cumming 

Senate passed the bill with a vote of 52-2 on Feb 26th.  Bill assigned to the House Budget & Fiscal Affairs Committee on Feb 27th.  

This bill provides for the preparation and submission of small business impact analyses for bills introduced during sessions of the General Assembly.  This bill is the centerpiece of the Lieutenant Governor’s red-tape reduction agenda.  The small business impact analysis would be similar to a fiscal note the General Assembly is required to produce for tax bills describing the cost to the state.  Proposed agency rulemaking would be required to include an economic analysis and the impact on small businesses.   

[PROPERTY] 

Provide for Transfer-on-Death Deeds (HB 1247)  
Rep. Rob Leverett, R—Elberton 

House passed the bill with a vote of 171-0 on Feb 26th.  Bill assigned to the Senate Judiciary Committee on Feb 27th.  

The bill provides for transfer-on-death deeds and provides for the execution and recording of such deeds.  These deeds cannot be revoked by wills. 

Photographic Identification Cards for Deed Filings (HB 1292)  
Rep. Gabe Okoye, D—Lawrenceville 

House passed the bill with a vote of 168-2 on Feb 29th   

The bill requires the clerks of the superior court to obtain photographic identification cards of individuals who present deeds or other instruments for recording.  It also provides remedies for fraudulently recorded deeds or other instruments.  CBA and others in the financial industries sector worked with the author of the bill to get an exemption for federally insured financial institutions or credit unions and their affiliates added to the substitute. 

Possessory Interest in Certain Land by Foreign Persons (SB 420)  
Sen. Jason Anavitarte, R—Dallas  

Senate passed the bill with a vote of 41-11 on Feb 29th  

The bill prohibits the acquisition of possessory interest in certain land by certain foreign persons and entities. 

[TAXATION] 

Increase Statewide Ad Valorem Exemption for Tangible Personal Property (HB 808)  
Rep. Mike Cheokas, R--Americus 

House passed the bill with a vote of 125-42 on Feb 26th.  Bill assigned to the Senate Finance Committee on Feb 27th.  

The bill increases a statewide ad valorem tax exemption for tangible personal property.  The exemption would increase from $7,500 to $50,000 in a tiered manner over several years.  A substitute bill was presented capping the exemption at $20,000 instead of $50,000 over several years. 

Digital Production Income Tax Credit (HB 1180)  
Rep. Kasey Carpenter, R—Dalton  

House passed the bill with a vote of 131-34 on Feb 29th   

The bill increases the base investment required for a qualified production company to qualify for a tax credit.  It provides for a maximum amount of credits that may be transferred each year and provides for proration for the transferability of credit under certain circumstances.   

[JUDICIAL] 

Torts Regarding Third-Party Criminal Activity (HB 1371)  
Rep. James Burchett, R—Waycross 

House passed the bill with a vote of 168-0 on Feb 29th  

The bill clarifies the liability regarding third-party criminal activity. 

Notice to Beneficiaries of a Testate Estate (HB 1218)  
Rep. Rob Leverett, R—Elberton 

House passed the bill with a vote of 168-0 on Feb 28th.  Bill assigned to the Senate Judiciary Committee on Feb 27th. 

The bill provides notice to beneficiaries of a testate estate. 

Appellate Jurisdiction (SB 450)
Sen. John Kennedy, R—Macon 

Senate passed the bill with a vote of 50-0 on Feb 27th  

The bill clarifies that neither superior court nor a state court has appellate jurisdiction over any non-appealable order of a probate court relative to property, wills, trusts, and administration of estates. 

[TECHNOLOGY] 

Georgia Consumer Privacy Protection Act (SB 473)  
Sen. John Albers, R—Roswell 

Senate passed the bill with a vote of 37-15 on Feb 27th.  Bill assigned to the House Technology, Infrastructure and Innovation Committee on Feb 29th. 

SB 473 protects the privacy of consumer personal data, defined as information that is linked or reasonably linkable to an identified or identifiable individual.  It allows a consumer to invoke these rights, including correcting inaccuracies, deleting personal information, obtaining a copy of their personal information, opting out of the processing of their personal information, etc.  The controller of personal data is obligated to limit the collection of such information to what is adequate, relevant, and reasonably necessary. 

[AGRICULTURE] 

Georgia Hemp Farming Act (SB 494)
Sen. Sam Watson, R—Moultrie 

Senate passed the bill with a vote of 43-5 on Feb 27th.  Bill assigned to the House Agriculture and Consumer Affairs Committee on Feb 29th. 

The bill revises the Georgia Hemp Farming Act.  See also HB 1286.   

Consumable Hemp Products (HB 1322)  
Rep. Chas Cannon, R—Moultrie 

House passed the bill with a vote of 166-3 on Feb 29th  

The bill regulates consumable hemp products. 

Bills That Did NOT Crossover This Session 

Legislation that fails to meet the Crossover Day deadline is lost as a standalone measure this year.  Those appear here in abbreviated form and will be removed from future reports.  Rest assured your Advocacy Team will continue to monitor these, as lost legislation can be revived at a moment’s notice. 

Senior “Buy Down” Property Taxes (HB 98)
Rep. Shaw Blackmon, R—Bonaire  

Achieving a Better Life Experience (ABLE) (HB 122)
Rep. Lee Hawkins, R—Gainesville 

Cash Overpayments by Merchants (HB 149)
Rep. Mesha Mainor, R—Atlanta 

Cause of Action for Revenue Provisions (HB 267)
Rep. Tyler Paul Smith, R—Bremen  

Motor Vehicle Title Loan (HB 342)
Rep. Josh Bonner, R—Peachtree City 

Clearing Title to Coastal Marshland (HB 370)
Rep. Jesse Petrea, R—Savannah  

Income Tax Rate (HB 464)
Rep. Chuck Martin, R—Alpharetta  

Debtor’s Aggregate Interest in Real or Personal Property (HB 628)
Rep. Matt Reeves, R—Duluth  

Trust Accounts for Employed Minors (HB 838)
Rep. Trey Rhodes, R—Greensboro 

Prohibit Nonjudicial Foreclosures of Seniors (HB 854)
Rep. Eric Bell, D—Jonesboro 

Discrimination by Artificial Intelligence (HB 890)
Rep. Mandisha Thomas, D—Atlanta 

Electronic Wills (HB 901)
Rep. Sandra Scott, D—Rex 

Require Retail Stores to Accept Cash for Purchases (HB 940)
Rep. Todd Jones, R—South Forsyth 

Georgia Child Performer Empowerment and Protection Act (HB 968)
Rep. Kim Schofield, D—Atlanta  

Blockchain Basics Act (HB 1043)
Rep. Scott Hilton, R—Peachtree Corners 

Reduce State Income Tax (HB 1047)
Rep. Charlice Byrd, R—Woodstock 

Senior and Disabled Persons Foreclosure Protection Fund (HB 1051)
Rep. Rhonda Burnough, D—Riverdale 

Mobile Homes as Real Property (HB 1076)
Rep. Will Wade, R—Dawsonville 

Cash Overpayments by Merchants (HB 1101)
Rep. Mesha Mainor, R—Atlanta 

Personal Privacy Protection Act (HB 1113)
Rep. Matt Reeves, R—Duluth  

Grant Post-Appeal Value Freeze Only to Homestead Prop. (HB 1120)
Rep. Darlene Taylor, R—Thomasville 

Prohibit Misuse of Consumer Reports (HB 1132)
Rep. Mesha Mainor, R—Atlanta  

Selection of Venture Capital Funds (HB 1138)
Rep. Dar’shun Kendrick, D—Lithonia  

Homegrown Solar Act of 2024 (HB 1152)
Rep. Beth Camp, R—Concord  

Digital Production Income Tax Credit (HB 1180)
Rep. Kasey Carpenter, R—Dalton 

Equality in Financial Services Act (HB 1205)
Rep. Todd Jones, R—South Forsyth 

Forms Executed via Electronic Signature (HB 1206) 
Rep. Eddie Lumsden, R—Rome 

Hairstyle Discrimination (HB 1208)
Rep. Kim Schofield, D—Atlanta 

Georgia Hemp Farming Act (HB 1286)
Rep. John Corbett, R—Lake Park 

Liens on Condominiums and Lots (HB 1287)
Rep. Eric Bell, D—Jonesboro  

Owner and Deed Holder (HB 1299)
Rep. Teddy Reese, D—Columbus  

Strategic Industrial Development Enhancement Tax Credit (HB 1357)
Rep. Rick Jasperse, R—Jasper 

Surcharges Charged by Merchants for Purchases (HB 1386)
Rep. Solomon Adesanya, D—Marietta 

Premises Liability (SB 186)
Sen. Greg Dolezal, R—Alpharetta  

Apex Doctrine (SB 200)
Sen. Bill Cowsert, R—Athens  

Pregnancy Protection Act (SB 283)
Sen. John Kennedy, R—Macon 

Reduce State Income Tax (SB 404)
Sen. Colton Moore, R—Trenton 

Apex Doctrine (SB 431)
Sen. Blake Tillery, R—Vidalia 

Infrastructure and Community Development Act (SB 435)
Sen. Frank Ginn, R—Danielsville  

Renumber Legislative Districts (SB 461)
Sen. Jason Esteves, D—Atlanta 

Peach Save Plan (SB 463)
Sen. Chuck Hufstetler, R—Rome 

Unsolicited Inquiries (SB 474)
Sen. Russ Goodman, R—Cogdell 

Peach Save Plan (SB 477)
Sen. Chuck Hufstetler, R—Rome 

Discount Purchase Price Claims (SB 516)
Sen. Josh McLaurin, D—Atlanta  

Protections for Freelance Workers (SB 521)
Sen. Josh McLaurin, D—Atlanta  

End Monopolies in Housing Act (SB 541)
Sen. Nikki Merritt, D—Grayson 

Merchants Must Accept Cash (SB 548)
Sen. Derek Mallow, D—Savannah