Members of the Georgia General Assembly celebrated Sine Die Thursday, March 28 with the tradition of throwing shredded bills into the air approximately an hour after their midnight deadline.  Bills that received final approval from both the House and the Senate before legislators wrapped up their business on Legislative Day 40 have been sent to Governor Kemp for his consideration.  

Governor Kemp and his team are now in the 40-day bill review period, during which time they will review each piece of legislation passed by both chambers this session to determine which bills will be signed and which bills will be vetoed.  If the governor takes no action on a bill, the bill becomes law.   This year’s bill review period deadline is May 7.  Governor Kemp has already signed several bills from the 2024 session into law, including:

All legislation from the 2024 session signed by Governor Kemp can be found here.   

Governor Kemp vetoed 14 bills after the last session, three bills in 2022, one bill in 2021, four in 2020, and 14 bills after the 2019 session.   Kemp also has the power to issue line-item vetoes in the budget.  Last year Governor Kemp used this power to issue nine line-item vetoes in the budget worth millions of dollars and instructed the General Assembly to disregard non-binding language in 134 other budget items.   

Because this was the second year of a two-year legislative term, bills that did not make it across the finish line and to Governor Kemp’s desk last session had another chance this year.  However, any bills that did not receive final passage this session must be reintroduced when the General Assembly reconvenes in 2025.  

Notable pieces of legislation that were not passed this session include:

Legislators checked off their only constitutionally required action item in the final hours of the session when the House and Senate approved the agreed upon version of House Bill 916, the Fiscal Year 2025 budget.  As is customary, the House and Senate Appropriations chairmen and two of the top-ranking members from each chamber were appointed to a conference committee earlier in the week so that leaders in the two chambers could work out the differences between the House and Senate version of the budget and come to an agreement about the final version of the budget that would be sent to Governor Kemp’s desk.  The House approved the conference committee report for the FY25 budget around 10 PM on Legislative Day 40, and the Senate gave its final stamp of approval around 11 PM.   The FY25 budget was set by a revenue estimate of $36.1 billion, which reflects an increase of 11.3 percent over the original FY 2024 budget.  A last-minute additional $48 million was included in the budget from lottery funds, which will go towards addressing class size, teacher pay, and capital and operational needs for Georgia’s Pre-K program. 

Highlights of the FY25 budget that has been sent to Governor Kemp include:

Of the tort reform measures that were introduced this session or still alive from last session, two received final passage and have been sent to Governor Kemp’s desk.

On Legislative Day 39 the Senate gave final approval to House Bill 1114, the ‘Data Analysis for Tort Reform Act.’  The measure, sponsored by Governor’s Floor Leader Will Wade (R-Dawsonville), will require the Insurance Commissioner to request data from insurers to make findings on the impact of tort lawsuits and the assessment of tort related risks.  The Insurance Commissioner will then be responsible for making certain determinations regarding the assessment of tort related risks by insurers, including the degree to which tort related risk is reflected in insurance premiums, the specific aspects of tort related risk that have the largest monetary impact on insurance premiums, and the potential impact of any changes to tort law on insurance premiums.  The bill will become effective upon the governor’s signature, and the provisions in the bill are set to sunset January 1, 2030.  After its passage, Governor Kemp released a statement noting that this measure was “a first step in the process of addressing sky-high insurance costs in Georgia,” and that he “look[ed] forward to signing it soon.”

The other tort reform measure passed this session was Senate Bill 426 by Senator Blake Tillery (R-Vidalia), which limits how individuals injured in accidents with big trucks can sue insurance companies.  With this bill, lawsuits could still be brought against an insurance company in some instances, for example if the driver or the business is insolvent or bankrupt, or if the driver or company cannot be located to be served with the lawsuit.  The measure is now on Governor Kemp’s desk for his consideration. 

A substitute version of  Senate Bill 547,  which included language that would provide for the failure to wear a seat belt as admissible evidence in civil actions did not make it to the House floor for a vote.  House Whip James Burchett’s (R-Waycross) House Bill 1371, which proposed limited changes to civil procedure in negligent security cases, passed the House earlier this session, but did not receive a vote in the Senate.  

Certificate of Need

On Legislative Day 38 the House and Senate came to final agreement on House Bill 1339, which amends Georgia’s certificate of need laws.  The legislation that was passed reflects a House-Senate compromise that was reached after several rounds of negotiations this session.  Two major CON reform bills were pushed by the Senate last session, and both the House and Senate held study committees ahead of the 2024 session to explore how to best address certificate of need laws.  The bill is now on Governor Kemp’s desk for his consideration.   Major provisions of the measure passed this session include:

In the final weeks of the session the legislature passed Senate Bill 233, the ‘Georgia Promise Scholarship Act,’ which was introduced by Senator Greg Dolezal (R-Cumming) last session.  After failing on the House floor during the 2023 Legislative Session, an amended version of the bill passed the House this year 91 to 82, and the Senate agreed to the changes made by the House.  The bill, which was endorsed by Governor Kemp and Speaker Jon Burns, was a priority for the Senate Republican Caucus and Lieutenant Governor Burt Jones.  

The bill will provide $6,500 per student to families for qualified education-related expenses outside of the public school system for students who attend the lowest performing public schools in the state.  Qualified education expenses could include tuition at a participating school, tutoring, the purchase of curriculum, professional services, transportation, and other expenses authorized by the State Board of Education. 

Funds for the promise scholarship will be required to be appropriated on an annual basis, and the program sunsets in 2035.  The bill also amends the public school tax credit by allowing S corporations to contribute to the program in addition to individual taxpayers, and by tripling the aggregate annual cap amount from $5 million to $15 million.   The bill also incorporates language from Senator Shawn Still’s (R-Norcross) Senate Bill 147, the Boundless Opportunities for Georgia Students Act, which facilitates open enrollment in public schools.  Upon the bill’s passage, Governor Kemp again expressed his support for the measure, which he said “give[s] students and families greater choice.”

Social Issues

In the final weeks of the session, the Senate Education Committee added language from several other pending measures to Representative Omari Crawford’s (D-Decatur) House Bill 1104.  The underlying bill would address mental health risks for student athletes by requiring athletic associations to post on their website guidelines and relevant materials informing and educating students, parents, school personnel, and coaches about mental health risks and available resources.  In addition to adding provisions from several other bills, the Senate committee voted to remove the requirement for private schools to comply with the provisions of the underlying bill.  

Language from the following bills was included in the version of the bill that was passed by the Senate Education Committee, and then by the full Senate on Legislative Day 39:

In February the House Ways and Means Committee Chairman Shaw Blackmon (R-Bonaire), Senate Finance Committee Chairman Chuck Hufstetler (R-Rome), Speaker Jon Burns, and Lieutenant Governor Burt Jones held a press conference to roll out proposed changes to several tax credits following an off-session review panel held ahead of the 2024 session.

A measure passed by the legislature that is sitting on Governor Kemp’s desk will pause Georgia’s data center tax exemption starting in July.  Current law allows for the issuance of certificates of exemption on the sales and use tax of high-tech data center equipment that meet minimum investment thresholds.  House Bil 1192 by Representative John Carson (R-Marietta) pauses the issuance of certificates of exemption between July 1, 2024 and June 30, 2026.  The legislation excludes high-tech data center customers that have already applied for a certificate of exemption before July 1, 2024. The bill also creates the 14-member Special Commission on Data Center Energy Planning, which would be responsible for reviewing the existing electric grid and energy supply; making recommendations for data center location; making recommendations to expand grid center capacity; making recommendations on any energy generation, transmission, and distribution necessary to serve the industry; and proposing related legislation and budget recommendations.  The measure is on Governor Kemp’s desk for his consideration.  

Another bill passed earlier this session reduces the carryforward period on dozens of tax credits.  Under House Bill 1181 by Chairman Chuck Martin (R-Alpharetta), tax credits that currently have a 10-year carryforward period would be reduced to a 5-year carryforward, and credits that currently have a 5-year carryforward period would be reduced to a 3-year carryforward period.  The measure also places a December 1, 2029 sunset on a number of Georgia’s smaller and underutilized tax credits.  This bill is also now on Governor Kemp’s desk for his consideration. 

A bill that sought to make changes to Georgia’s film tax credit did not end up passing.  The version of House Bill 1180 that was introduced by Representative Kasey Carpenter (R-Dalton) this session would have amended the film tax credit by increasing the minimum spend thresholds for a production to be eligible to receive the credit; imposing additional requirements for productions to receive the 10 percent uplift; and limiting the amount of tax credits that could be transferred per year to 2.5 percent of the state budget for the corresponding fiscal year.   

Later in the session, the Senate Finance Committee added language to the bill that would tax actor residuals from productions filmed in Georgia.  The Finance Committee also amended the language to decrease the transferability cap to 2.3 percent of the annual state budget, but included provisions so that productions filmed at studios in underutilized counties or at a ‘Georgia based qualified production facility,’ which is defined in the bill, would not have their tax credits count towards the transferability cap, effectively increasing the amount of the cap.   This measure was never called up on the Senate floor for a vote. 

Another attempt to change Georgia’s film tax credit was made on the final day of the session when the House Rules Committee passed out a substitute version of Senate Bill 349.  Like House Bill 1180, the substitute version of Senate Bill 349 would also increase the minimum spend thresholds and impose additional requirements for productions to receive the 10 percent uplift.  The language in Senate Bill 349 would impose a transferability cap of 2.5 percent of the governor’s revenue estimate per year, and included a trigger that would have tied the transferability cap to the amount held in the state’s Revenue Shortfall Reserve. The substitute version of Senate Bill 349 that came out of the House Rules Committee also included language addressing the low-income housing tax credit as well as a section that would create the Special Commission on Data Center Energy Planning.  The measure was approved by the House 170 to 1 the final night of the session, but it did not make it back to the Senate floor for a final ‘agree’ or ‘disagree’ motion.  

Senate Bill 366, the ‘Tax Expenditures Transparency Act of 2024,’ was passed on Legislative Day 39 after the Senate agreed to changes made to the bill by the House.  The legislation, sponsored by Finance Chairman Chuck Hufstetler (R-Rome) increases the number of economic analyses that are conducted on tax credits and exemptions to 12 per year.  It specifies that an economic analysis must be conducted on a credit or exemption if its sunset date is within two years and the credit or exemption represents a state expenditure of at least $20 million.  The bill also requires the Department of Audits and Accounts to post a list of economic analyses to be conducted and establish a mechanism to collect relevant data from stakeholders.  Under the bill, the House Ways and Means Committee and Senate Finance Committee will be required to meet no later than January 31 each year to review the economic analyses completed the year before.  The measure will also require the general appropriations bill to be referred to the Senate Appropriations Committee upon its first reading in the Senate and, if amended or passed by committee substitute, it would require the bill to be placed on senators’ desks at least 24 hours prior to a vote.

Tax Relief

Back in January, Speaker Jon Burns (R-Newington) held a press conference to announce a package of proposed legislation to bring tax relief to Georgians. 

House Bill 1015, sponsored by Governor’s Floor Leader Lauren McDonald (R-Cumming), accelerates the cut to the state income tax down to 5.39 percent.  As a result of legislation that has already been passed by the General Assembly, the state income tax rate is set to decrease a tenth of a percentage point each year beginning in 2025 until the rate reaches 4.99 percent.  The legislation was approved by both the House and Senate and has been sent to Governor Kemp’s desk for his signature.  

House Bill 1021 by Representative Lauren Daniel (R-Locust Grove) increases the child tax deduction from $3,000 to $4,000.  The measure passed the House unanimously earlier this session, and on Day 40 the Senate also unanimously approved the measure, sending it to Governor Kemp’s desk for his signature. 

House Bill 1019, sponsored by Representative Matt Reeves (R-Duluth), will double the statewide homestead exemption from $2,000 to $4,000.  The measure passed the House and Senate unanimously and has been sent to Governor Kemp. 

House Bill 1024, sponsored by Ways and Means Chairman Shaw Blackmon (R-Bonaire), would repeal the limitation on the maximum percentage of net revenue allowed to be held in the Revenue Shortfall Reserve.  The current cap is 15 percent of the previous fiscal year’s net revenue.  This bill, which was also referenced by Speaker Burns in the January press conference, never passed the House this session. 

Another bill designed to bring relief to taxpayers is House Bill 581, which was passed overwhelmingly by both chambers on the final day of the session.  The measure, sponsored by Ways and Means Chairman Shaw Blackmon (R-Bonaire), caps how much property assessments can increase annually at the rate of inflation, though local governments can opt out of the cap.  The bill, which has been sent to Governor Kemp for his consideration, also allows local governments to impose a special sales and use tax for a limited period of time for the purpose of providing property tax relief to residents. 

Sports Betting

On Legislative Day 40, the House Higher Education Committee passed Senate Resolution 579 by Senator Bill Cowsert (R-Athens) and Senate Bill 386 by Senator Clint Dixon (R-Buford). Senate Resolution 579 proposes an amendment to the Georgia Constitution to authorize sports betting.  Senate Bill 386, the ‘Georgia Sports Betting Act’ would authorize the Georgia Lottery to carry out the responsibilities and administration of sports betting in Georgia and would set up the framework for doing so.  Under the bill, the Georgia Lottery would issue and renew up to 16 licenses to offer, operate, and manage sports betting to qualified applicants.  It would require licensees to provide methods for bettors to self-impose limits on their betting activities, and the Georgia Lottery would be required to work with organizations to provide services to individuals with gambling addiction issues.  Both measures were passed by committee substitute on the final morning of the session, but neither was brought up for a floor vote in the House. 

Immigration Legislation

Two weeks after the House and Senate passed resolutions condemning President Joe Biden’s handling of the border and Governor Kemp announced that the Georgia National Guard would be deploying to the border in Texas, focus on immigration-related measures under the Gold Dome intensified after the tragic killing of nursing student Laken Riley in Athens by an illegal immigrant.  

The legislature passed the ‘Georgia Criminal Alien Track and Report Act of 2024’ on the final day of the session when the House agreed to changes made to the bill by the Senate.  House Bill 1105, sponsored by Representative Jesse Petrea (R-Savannah), requires Georgia law enforcement officials to work with federal immigration authorities to send, receive, and maintain information relating to the immigration status of any individual as reasonably needed for public safety purposes.  Any sheriff’s office or local law enforcement agency that is found to be in violation could be subject to the withholding of state funding or state administered federal funding that does not provide emergency services.  As a condition of funding, state agencies that provide funding to local governments must require certification of compliance with the requirement that local governments submit their annual immigration compliance report by December 31 each year.  The legislation also sets up reporting requirements and standard procedures for jails booking aliens and foreign nationals.  The measure was approved by the legislature on the final day of the session and has been sent to Governor Kemp for his consideration. 

Another bill, House Bill 301, was amended in the Senate to provide procedures for residents to seek declaratory judgements when a local governing body has violated the prohibition on immigration sanctuary cities.  The version of the bill that came out of the Senate would provide that any local governments found in violation of Georgia’s prohibition on sanctuary cities would lose their eligibility for certain state and federal funds and would waive sovereign and governmental immunities for local governments and their officials and employees found in violation.  After the bill was amended in the Senate, it was never brought back up in the House for an ‘agree’ motion, so the bill did not receive final passage. 

The substitute version of House Bill 231 that was passed by the Senate Judiciary Committee would require bail hearings to take into account whether or not the accused was in the United States illegally.  The bill would also require sheriffs, jailers, and deputies to honor immigration detainer requests and would require sheriffs, jailers, and deputies to inquire into the existence of an immigration detainer request in certain circumstances.  The Senate tabled the bill in the final days of the session and did not bring it back up for a vote before adjourning on the 40th Legislative Day. 

Elections

Since the passage of a comprehensive election reform bill in 2021, there have been dozens of new bills introduced that seek to make more changes to how Georgia conducts its elections.  Several of these bills were passed by the General Assembly this session, including some that combined language from several other election-related bills. 

One such bill was Senate Bill 189, sponsored by Senator Max Burns (R-Sylvania), who chairs the Ethics Committee.   The legislation, which was passed on the final day of the session, removes the Secretary of State from the State Election Board, and will ban the use of QR codes to count ballots, which was the topic of several bills introduced this session.  It also sets new rules for challenging voters’ eligibility, and potentially makes a path for more third-party presidential candidates to appear on the ballot by allowing candidates that have already been put on the ballot in at least 20 states to also appear on Georgia’s ballots.  The legislation also requires sealed containers for absentee ballots and documentation whenever the ballots are handled by election workers.  It authorizes the use of physical ballots under certain circumstances and requires all absentee and in-person advance voting ballots to be tabulated within one hour of polls closing on election day. The legislation was passed by the General Assembly and has been sent to Governor Kemp for his consideration. 

Senate Bill 368, sponsored by Senator Rick Williams (R-Milledgeville), prohibits foreigners from making political donations to candidates, campaigns, and PACs in Georgia and conversely prohibits candidates from accepting such contributions.  The legislation also requires lobbyists and political consultants to report whether they are agents of foreign entities.  The bill overwhelmingly passed both the House and Senate and has been sent to Governor Kemp’s desk for his consideration. 

House Bill 1207, sponsored by Representative Tim Fleming (R-Covington), requires that election workers in Georgia be US citizens.  The legislation also guarantees poll watchers close access and allows candidates the ability to proof ballots for errors.  The measure was approved by the legislature on the final day of the session and has been sent to Governor Kemp. 

House Bill 974, sponsored by Representative John LaHood (R-Valdosta), requires ballots to be printed on security paper that includes a visible watermark.  The legislation also requires the Secretary of State to maintain a program for the posting of digital images of election ballots online and clarifies auditing procedures.  The bill was approved by the legislature on the final day of the session, and it has been sent to Governor Kemp for his review. 

One widely discussed election-related measure this session that did not receive final passage was House Bill 986 by Representative Brad Thomas (R-Holly Springs).  The legislation would establish the criminal offense of fraudulent election interference and solicitation of fraudulent election interference by using AI-generated media in campaign advertisements.  The legislation clarifies that the use of AI-generated content in campaign ads is permitted as long as proper disclosures are displayed.  The bill was tabled by the Senate in the final days of the session and was not brought back up for a vote. 

Gun-Related Legislation

Of the many gun-related bills dropped this session, few made it all the way to Governor Kemp’s desk. 

A proposal by Senator Jason Anavitarte (R-Dallas), who sponsored Georgia’s constitutional carry bill in the 2021-2022 session, would exempt guns, ammo, gun safes, and gun safety devices from sales tax during a five-day tax holiday in October.   Language from Senator Anavitarte’s Senate Bill 344 was stripped in the House and replaced with language that exempts broadband providers from paying tax on ARPA or BEAD Program grants as of 2024.  

Two proposals, one from the House and the other from the Senate, sought to encourage the purchase of firearm safes and safety devices.  House Bill 971 by Representative Mark Newton (R-Augusta) would allow individuals to use up to $300 of their state income tax obligation to pay for an instructional course on safe firearm handling or to pay for a gun safe storage device.  The measure was slated for a vote on the Senate floor in the final days of the session, but it was tabled and not brought back up.   Senate Bill 340 by Senator Kay Kirkpatrick (R-Marietta) would exempt firearm safes and firearm safety devices from sales and use tax in Georgia.  Senator Kirkpatrick’s language was stripped from the bill on the House side and replaced with language related to the Georgia Agricultural Trust Fund. 

One measure considered this session that was passed was House Bill 1018, the ‘Georgia Firearms Industry Nondiscrimination Act.’  The bill, sponsored by Representative Jason Ridley (R-Chatsworth) makes it an unlawful discriminatory practice for a financial institution to require the usage of a firearms code in a way that distinguishes a firearms retailer in the state from other merchandise retailer.  It also prevents a financial institution from declining a lawful payment card transaction based solely on the assignment or nonassignment of a firearms code.  The bill would also prevent any person or government entity from creating or maintaining a multijurisdictional database of people who have applied for weapons carry licenses or a record of privately owned firearms.  After passing the Senate in the final days of the session, the measure was sent to Governor Kemp’s desk for his consideration. 

The Senate also approved a measure that will create the Senate Safe Firearm Storage Study Committee.  Senate Resolution 203, sponsored by Senator Emanuel Jones (D-Decatur), creates a 5-person off-session committee made up of three senators and two nonlegislative members to study current pediatric screening protocols relating to the safe storage of firearms and examine the benefits associated with safe storage mandates.  Like all study committees created by the Senate, the lieutenant governor will need to appoint members before the committee’s work could begin. 


This weekly Legislative Update report is courtesy of the Regional Business Coalition of Metropolitan Atlanta (RBC), an organization of over a dozen of the largest and most active Chambers of Commerce throughout the metro Atlanta region. RBC member chambers represent over 15,000 member companies who employ millions of metro Atlanta residents. The RBC’s primary goal is to represent the interests of RBC Chamber members on regional public policy issues impacting our transportation, water and air quality and to advocate for solutions that improve metro Atlanta’s quality of life and economic vitality.