Gold Dome Report - Legislative Day 28 - March 2024

Nelson Mullins Riley & Scarborough LLP

Thursday carried several distinctions under the Gold Dome. It was Leap Day, the quadrennial opportunity to celebrate those born on Feb. 29. It was Crossover Day, the day we all have to explain to our significant others each year. Most importantly though, it was judgment day for bills and resolutions that had not yet passed out of their chamber of origin. Officially, such measures are dead for the year. However, veteran lawmakers and legislators know that sometimes the dead come back to life in the final days of a session. We’ll be watching the floors and the graveyards in the coming days for bills, resolutions, ghosts, and zombies.

The House and Senate continue to consider legislation as this report is published, but legislators have already passed several significant measures. The House passed amendments to Georgia’s film tax credit (HB 1180), liability limitation for mental health care providers (HB 1409), and the naming of highways for the late Speaker David Ralston and Chairman Richard Smith (HR 1164 & HR 1215). The Senate signed off on the “Personal Privacy Protection Act” (SB 414), legislation allowing for electronic notarization (SB 425), and the “College Success 529 Expansion Act” (SB 469). But arguably the most important measure was that promoted by the students of Effingham County–designating the white shrimp as Georgia’s state crustacean (HB 1341).

Although this report is done, we’re not going anywhere until the gavel drops. Follow along with us in the #GoldDomeReport.

In this Report:

  • Floor Notes
  • New Legislation
  • What’s Next

Floor Notes

The House took up the following measures by our deadline on Legislative Day 28 (Crossover Day):

  • HB 589 - Audits and Accounts, Department of; require certain financial disclosures from entities performing work related to fiscal notes - PASSED 158-0
  • HB 839 - Social Work Licensure Compact Act; enact - PASSED 161-1
  • HB 846 - Education; require local school systems to annually notify employees whether social security taxes will be withheld from their pay and eligibility of certain benefits - PASSED 160-1
  • HB 924 - Insurance; discriminating against certain healthcare facilities and providers in connection with the administration of provider-administered drugs; prohibit insurers - PASSED 160-1
  • HB 926 - Second Chance Workforce Act; enact - PASSED 159-1
  • HB 1105 - The Georgia Criminal Alien Track and Report Act of 2024; enact - PASSED 97-74
  • HB 1017 - Georgia Squatter Reform Act; enact - PASSED 167-0
  • HB 1023 - Income tax; match tax rate imposed on corporations to that imposed on individual taxpayers - PASSED 138-28
  • HB 1052 - Revenue and taxation; limitation on leased property as to certain entities; remove - PASSED 166-2
  • HB 1096 - Professional licensing boards; continuing education tracking solution to monitor compliance of licensees with applicable continuing education requirements; establish - PASSED 167-1
  • HB 1116 - Income tax credit; rehabilitation of historic structures; home portion; extend sunset date - PASSED 162-5
  • HB 1122 - Education; provide for funding requirements to apply to local agencies; charter schools; provisions - PASSED 161-7
  • HB 1180 - Income tax credit; film, gaming, video, or digital production; revise a definition - PASSED 131-34
  • HB 1190 - Secretary of State; division director to issue licenses in certain instances; authorize - PASSED 167-0
  • HB 1197 - Income tax; expand revitalization zone tax credits to include rehabilitation of historic residential structures - PASSED 163-1
  • HB 1201 - Criminal procedure; vacating of sentences of victims of trafficking; provisions - PASSED 167-0
  • HB 1231 - Postsecondary education; allow academically successful students to use the full number of hours of HOPE scholarship eligibility - PASSED 164-0
  • HB 1283 - Juvenile code; use of deadly weapon; revise provisions - PASSED 165-0
  • HB 1312 - Agriculture, Department of; regulation and taxation of electricity used as motor fuel and electric vehicle charging stations; extend effective date of provisions - PASSED 167-0
  • HB 1335 - Health; personal care homes, assisted living communities, and memory care centers; revise staffing requirements - PASSED 163-1
  • HB 1341 - State symbols; white shrimp as official state crustacean; designate - PASSED 171-0
  • HB 1344 - Behavioral Health Coordinating Council; allow for certain officials on to be represented by a delegate or agent - PASSED 164-1
  • HB 1409 - Torts; mental health care providers; limit liability under certain circumstances (RULES Substitute) - PASSED 170-0
  • HR 302 - General Assembly; appropriation of funds received from certain legal judgments or settlements; provide - CA - PASSED 163-6
  • HR 854 - Keith Jackson Memorial Intersection "Whoa Nellie;" Carroll County; dedicate - PASSED 167-0
  • HR 1164 - Honorable Richard H. Smith Memorial Interchange; Muscogee County; dedicate - PASSED 169-0
  • HR 1215 - Speaker David E. Ralston Interstate Connector; Fannin County; dedicate - PASSED 169-0

The House had the following measures left to consider as of our deadline:

  • HB 56 - Education; grants to children of law enforcement officers, firefighters, and prison guards killed in the line of duty; provisions
  • HB 218 - Evidence; sexual assault hearsay for disabled adults and 17-year-olds; provide
  • HB 267 - Income tax; failure of employers to comply with revenue provisions regarding employees; authorize private causes of action for equitable relief
  • HB 349 - Barbers and cosmetologists; repeal Chapter 10 and enact a new chapter that reorganizes, modernizes, and clarifies current regulation
  • HB 426 - Elections; retention and preservation of ballots and other election documents; revise provisions
  • HB 441 - Professions; authorize and regulate teledentistry by licensed dentists pursuant to permits issued by Georgia Board of Dentistry (RULES Substitute)
  • HB 499 - Domestic relations; authorize child support and insurance policies for certain disabled children; provisions
  • HB 583 - Food, drugs, and cosmetics; authorize production and sale of homemade food items with certain exemptions, requirements, and disclosures
  • HB 617 - Highways, bridges, and ferries; development and maintenance of a state-wide freight and logistics implementation plan; provide
  • HB 625 - Coroners; full-time county employees; provide
  • HB 663 - No Patient Left Alone Act; enact
  • HB 844 - Practice of Nutrition and Dietetics Act; enact
  • HB 910 - Minors; civil remedy for damages against commercial entities that distribute material harmful to minors without performing age verification; create
  • HB 935 - Motor vehicles; standards for a conviction through the use of speed devices; provide
  • HB 1031 - Ad valorem tax; property; provide mandatory reappraisal of parcels
  • HB 1053 - State government; prohibit governmental agencies from using central bank digital currency as payment
  • HB 1075 - Notaries public; state agencies shall accept certain notarial acts performed in another state; provide
  • HB 1099 - Crimes and offenses; knowing entry upon land or premises of another that has been marked with purple paint; provide for the crime of criminal trespass
  • HB 1104 - Quality Basic Education Act; address mental health risks for student-athletes
  • HB 1112 - Elections; remove secretary of state from State Election Board; attach to State Accounting Office
  • HB 1123 - Handicapped persons; require establishment of an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team in each judicial circuit
  • HB 1125 - Labor and industrial relations; phase out payment of subminimum wage to persons with disabilities
  • HB 1146 - Natural Resources, Department of; EPD to issue water permits to private companies in areas where no public service can be provided within a period of 12 months; require
  • HB 1223 - Georgia Soil Amendment Act of 1976; provide for a new prohibited act
  • HB 1233 - Fire departments; authorize levy and collection of extraterritorial taxes and fees
  • HB 1239 - Motor vehicles; operation of miniature on-road vehicles on certain highways; provide
  • HB 1253 - Community Affairs, Department of; revise composition of governing council for regional commissions
  • HB 1255 - The Terry Act; enact
  • HB 1274 - State veterinary education; student loan forgiveness program; provide limits
  • HB 1292 - Property; clerks of superior courts obtain photographic identification cards of individuals who present deeds or other instruments for recording; require
  • HB 1294 - Georgia Environmental Finance Authority; finance and perform certain duties for projects relating to natural gas facilities; authorize
  • HB 1314 - Health; designate emergency medical services, including ambulance service, as an essential service
  • HB 1318 - Georgia Rail Passenger Authority Overview Committee; repeal Chapter 10 of Title 28
  • HB 1326 - Crimes and offenses; Schedule I, Schedule III, and Schedule IV controlled substances; provide certain provisions
  • HB 1338 - Georgia Surface Mining Act of 1968; three-year moratorium on acceptance of applications for new permits; provisions
  • HB 1358 - Atlanta-Region Transit Link "ATL" Authority and Georgia Regional Transportation Authority; abolish and transfer all assets to State Road and Tollway Authority
  • HB 1361 - Crimes and offenses; distribution of computer-generated obscene material depicting a child; prohibit
  • HB 1363 - State employees' health insurance plan; drugs dispensed for self-administration; provision
  • HB 1371 - Torts; clarify liability regarding third-party criminal activity; provisions (RULES Substitute)
  • HB 1407 - Local government; establishing service delivery strategies; revise provisions
  • HB 1410 - State Housing Trust Fund for the Homeless Act; enact (RULES Substitute)
  • HR 780 - Only citizens of the United States have right to vote in elections in Georgia; clarify - CA
  • HR 901 - Clark, Mr. Darrell Lee; compensate
  • HR 902 - Watkins, Mr. Joseph Samuel; compensate
  • HR 1042 - Joint Study Committee on Judicial System Compensation; create
  • HR 1133 - Congress; pass Kidney PATIENT Act of 2023; urge

The Senate took up the following measures by our deadline on Legislative Day 28 (Crossover Day):

  • SB 371 - "Daniel D. Podsiadly, Jr. Act"; enact - PASSED 53-0
  • SB 390 - To amend Titles 20, 36, 43, and 50, related to libraries, education, governmental entities, professions, and business; acceptance and use of funds from the American Library Association prohibit under certain circumstances - PASSED 33-20
  • SB 395 - Education; the possession of opioid antagonists in schools; authorize - PASSED 54-0
  • SB 414 - "Personal Privacy Protection Act"; enact - PASSED 33-22
  • SB 420 - Agriculture; acquisition of possessory interest in certain land by certain foreign persons and entities; prohibit - PASSED 41-11
  • SB 437 - Department of Agriculture; enforce certain criminal laws; authorize - PASSED 49-1
  • SB 454 - Alimony and Child Support; guidelines for child support award calculations; provide - PASSED 52-0
  • SB 460 - Advanced Practice Registered Nurses and Physician Assistants; number that a physician can authorize and supervise at any one time; prov.; revise - PASSED 40-11
  • SB 469 - "College Success 529 Expansion Act"; enact - PASSED 54-0
  • SB 479 - Secondary Metals Recyclers; applicability of the definition of the term "used, detached catalytic converters" to said article; provide - PASSED 50-1
  • SB 490 - Motor Vehicles and Traffic; felony offense of fleeing or attempting to elude a police officer; provide - PASSED 52-1
  • SB 496 - Ad Valorem Taxation of Property; extension of preferential assessment periods for certain historic properties; provide - PASSED 47-6
  • SB 502 - Department of Administrative Services; state agencies from contracting for advertising or marketing services with certain companies or from supporting certain companies; prohibit - PASSED 34-19
  • SB 503 - Residential and General Contractors; the general contractor license as a commercial general contractor license; rename - PASSED 55-0
  • SB 505 - Hospitals and Related Institutions; required publication by hospital of certain financial documents on its website; provisions; revise - PASSED 54-0
  • SB 507 - Special License Plates; "America First" specialty license plate; establish - PASSED 34-19
  • SB 508 - Administrative Office of the Courts; accessibility of certain personal information of state and federal judges, justices, and spouses thereof; provide - PASSED 51-0
  • SB 512 - Victims of Human Trafficking Fund and the Victims of Human Trafficking Fund Commission; create - PASSED 55-0
  • SB 542 - Water Rights; the public trust doctrine; remove references - PASSED 51-0
  • SB 543 - Bingo; certain provisions relating to bingo games operated by nonprofit, tax-exempt organizations; change - PASSED 47-4
  • SB 547 - Motor Carriers and Commercial Motor Vehicles; the reference date to federal regulations regarding the safe operation; update - PASSED 52-0
  • SR 542 - Colorectal Cancer Screenings; change of the minimum age; encourage - PASSED 52-0
  • SR 616 - Victims of Human Trafficking Fund; allocation of certain additional penalties and assessments; provide - CA - PASSED 55-0

The Senate had the following measures left to consider as of our deadline:

  • SB 180 - "Georgia Religious Freedom Restoration Act"; enact
  • SB 182 - Stalking; the offense of doxxing; provide
  • SB 198 - Georgians with Intellectual and Developmental Disabilities Innovation Commission; create
  • SB 202 - Public School Property and Facilities; outdoor learning spaces pilot program; provide
  • SB 208 - 'Georgia Development Impact Fee Act'; provide for fees for education
  • SB 307 - Private Review Agents; health insurers to implement and maintain a program that allows for the selective application of reductions; provide
  • SB 308 - Georgia Legislative Retirement System; retirement benefit amounts payable to former legislators upon retirement and to currently retired legislators
  • SB 320 - Sentencing and Imposition of Punishment; time frames for HIV testing; provide
  • SB 336 - Administration of Mental Health; Behavioral Health Coordinating Council to be represented by a delegate or agent; allow for certain officials
  • SB 347 - Tallapoosa Judicial Circuit; additional judge of the superior courts; provide
  • SB 363 - Georgia Public Safety Training Center law enforcement unit; establishment; provide
  • SB 396 - Economic Development; Georgia State-wide Music Office; create
  • SB 403 - Ad Valorem Taxation of Property; language required to be included in the notices of current assessment; revise
  • SB 407 - Law Enforcement Officers and Agencies; documenting of certain information in incidents of family violence; require
  • SB 422 - Public Utilities and Public Transportation; percentage limitation as to the amount of the investments an electric membership corporation may make; modify
  • SB 425 - Notaries Public; modernization of certain legal, notarial, and court services using electronic means; provide
  • SB 451 - Veteran Benefits; place certain requirement on the Department of Veterans Service
  • SB 457 - Public Utilities and Public Transportation; a consumer utility counsel to represent consumers in matters before the Public Service Commission or other agencies; reestablish
  • SB 464 - School Supplies for Teachers Program; establish
  • SB 472 - "Combating Organized Retail Crime Act"; enact
  • SB 474 - Unsolicited Inquiries; notices of solicitation including monetary offers; penalty; provide
  • SB 480 - Georgia Board of Health Care Workforce; student loan repayment for mental health and substance use professionals serving in certain capacities; provide
  • SB 484 - State's Employee Benefit Plan Council; establish health savings accounts and continually provide for education or salary reductions for such accounts; require
  • SB 491 - Licensed Pharmacist; Georgia State Board of Pharmacy to increase the maximum ratio of pharmacists; authorize
  • SB 493 - Sexual Offender Risk Review Board; additional penalties for registered sexual offenders; provide
  • SB 495 - Low THC Oil Patient Registry; term of validity of a registration card; provide
  • SB 498 - Georgia Interagency Council for the Homeless; create
  • SB 499 - Coordinated and Comprehensive Planning and Service Delivery by Counties and Municipalities; revise provisions
  • SB 517 - Criminal Prosecutions; immunity from certain criminal prosecutions against law enforcement officers whose threat or use of force is justified or otherwise lawful; provide
  • SB 532 - Education; sex education for public school students in this state before fifth grade; prohibit
  • SB 533 - Proceedings; jail-based competency restoration programs; provide
  • SB 534 - "Fair Business Practices Act of 1975"; failure of a marketplace innkeeper to provide a consumer with an itemized receipt detailing certain taxes and fees is an unlawful business practice; provide
  • SB 554 - Georgia State Indemnification Fund; qualification for indemnification benefits based on a public safety officer having COVID-19 at the time of death; create a presumption
  • SR 82 - Tax Commissioner; waive certain delinquent ad valorem property taxes; procedures and conditions; provide - CA
  • SR 189 - General Assembly; development impact fees for educational purposes; provide - CA

New Legislation

The following new legislation of interest has been introduced in the House:

H.B.1420

Crimes and offenses; unlawfully possessing a pill press or other controlled substance counterfeiting materials; provide

Rep. Derrick McCollum (R-030)

https://www.legis.ga.gov/legislation/67500

H.B.1421

Crimes and offenses; create a new felony classification for prosecutors who use certain technologies to hide work-related communications from open records requests; create

Rep. Mesha Mainor (R-056)

https://www.legis.ga.gov/legislation/67501

H.B.1424

Right to Contraception Act; enact

Rep. Marvin Lim (D-098)

https://www.legis.ga.gov/legislation/67504

H.B.1426

Crimes and offenses; criminal trespass; provide for additional acts

Rep. Matt Reeves (R-099)

https://www.legis.ga.gov/legislation/67510

H.B.1428

Health; prohibit pelvic and rectal examinations on unconscious patients; provisions

Rep. Viola Davis (D-087)

https://www.legis.ga.gov/legislation/67529

H.B.1430

Motor vehicles; prohibit traffic stops on the sole basis that the person is operating a motorcycle or wearing motorcycle paraphernalia

Rep. Solomon Adesanya (D-043)

https://www.legis.ga.gov/legislation/67534

H.R.1283

House Study Committee on Safety and Consumer Protection of Nicotine Vapor Products; create

Rep. Alan Powell (R-033)

https://www.legis.ga.gov/legislation/67499


The following new legislation of interest has been introduced in the Senate:

S.B.563

Aggravated Assault; term of imprisonment and fine for commission of aggravated assault upon a public safety officer; increase the minimum

https://www.legis.ga.gov/legislation/67498

S.B.564

Contraception and Contraceptives; codify the right

Sen. Elena Parent (D-042)

https://www.legis.ga.gov/legislation/67524

S.B.565

Health; human egg or human embryo is not considered an unborn child, a minor child, or a person for any purpose under law; provide

Sen. Elena Parent (D-042)

https://www.legis.ga.gov/legislation/67525

S.R.696

Georgia Special Education Teachers; recognize

Sen. Jason Esteves (D-006)

https://www.legis.ga.gov/legislation/67505

What’s Next

The General Assembly is in adjournment on Friday, March 1, and will reconvene for Legislative Day 29 on Monday, March 4.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Nelson Mullins Riley & Scarborough LLP

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