Legislative Update: Week 6 - Feb 17-21, 2025

After being out for Presidents’ Day on Monday, legislators were in session Tuesday through Friday this week for Legislative Days 18 through 21.  Dozens of bills were introduced this week, and dozens more were considered and debated in committee.  This week legislators considered everything from Governor Kemp’s tort reform bill on the Senate floor to a measure to designate cornbread as the official state bread in the House Special Rules Committee. 

Members will be back under the Gold Dome on Monday for Legislative Day 22.  Tuesday will serve as a Committee Work Day, and the General Assembly will be back in session Wednesday through Friday for Legislative Days 23 through 25.   House and Senate members have just under two weeks to successfully move their bills out of their assigned committees and out of at least one chamber for their legislation to stay alive this session.  Any bill that does not make it at least that far through the process by Thursday, March 6, which is Crossover Day, cannot move any further through the legislature this year.   

Legislators are still hard at work on their only constitutionally required action item for the session: passing a balanced budget—the Amended Fiscal Year 2025 budget is currently making its way through the Senate, and the House is working on the Fiscal Year 2026 budget.  

Tort Reform
On Friday the Senate took up Senate Bill 68, one of two tort reform measures that were the subject of a marathon five hour meeting of the Judiciary Committee last week. Governor Kemp has been clear that tort reform is his top priority this session— he has said he will call a special session later this year if comprehensive tort reform legislation is not passed before the legislature adjourns on April 4, and this week Governor Kemp’s team said he would back primary challengers to Republicans who try to weaken the bill with amendments on the floor. 

President Pro Tempore John Kennedy (R-Macon) presented the measure on the floor and argued the bill would decrease litigation costs and frivolous lawsuits that have driven up insurance costs significantly.  

An amendment brought by Senator Bo Hatchett (R-Cornelia) and approved on the floor would affect the phantom damages section of the bill.   The amendment would allow both the original billed charges and the amounts actually paid by insurance to be admissible in court.  In addition, the amendment would allow whether a person has insurance to be admissible as evidence for jury consideration.  In his presentation of the bill on the floor, Senator Kennedy noted that Governor Kemp was agreeable to the compromise language presented in Senator Hatchett’s amendment. 

After a lengthy floor debate, the bill, with Senator Hatchett’s amendment, passed the Senate 33 to 21 along a mostly party line vote.  Senator Emanuel Jones (D-Decatur) was the only Democrat to vote for the measure, and Senator Colton Moore (R-Trenton) was the only Republican to vote against it.   The bill now heads to the House for consideration—it will be first read and assigned to committee on Monday morning. 

Senate Bill 69, which addresses third party litigation funding, has already passed out of the Senate Judiciary Committee.  It must be selected by the Rules Committee to make it to the Senate floor for a vote.  

Tax Relief
This week the House and Senate both approved measures that would provide financial relief to Georgia’s taxpayers.  

House Resolution 42, sponsored by Representative Matthew Gambill (R-Cartersville), would ratify executive orders issued by Governor Brian Kemp between September 24, 2024, and October 16, 2024, related to the suspension of the collection of motor fuel and diesel fuel taxes.  The measure passed the House unanimously on Tuesday and now heads to the Senate for consideration. 

House Bill 92, sponsored by Ways and Means Committee Chairman Shaw Blackmon (R-Bonaire), would extend the deadline for local governments to participate in the base year homestead tax exemption to March 31, 2025, which would protect Georgia homeowners from excessive property tax increases.  Last November, this exemption passed overwhelmingly on the ballot in all 159 counties throughout Georgia. This measure would provide local governments that are considering opting out of this local tax relief with reasonable time to reconsider.   It passed the House overwhelmingly by a vote of 173 to 1 and now heads to the Senate for consideration.  

House Bill 223, sponsored by Representative James Burchett (R-Waycross), would exclude federal disaster relief payments, federal assistance grants, and federal crop insurance related to Hurricane Helene recovery from counting toward taxable net income for tax years 2024 through 2029. The bill also would also provide a tax credit for timber losses and a sales tax exemption for building materials used to repair or replace greenhouses or structures used for the production of animals.  The bill passed the House unanimously and now heads to the Senate for consideration.  

On the Senate side, the Senate unanimously approved Senate Bill 52, the “Timberlands Recovery, Exemption, and Earnings Stability (TREES) Act” on Tuesday.  The measure, sponsored by Senator Russ Goodman (R-Cogdell), would allow local governments within the Hurricane Helene federal disaster area to provide temporary relief from taxes for the harvest or sale of standing timber during the final quarter of 2024 and throughout 2025.  The bill outlines a process a local government must follow to grant this relief and audits that must be performed by the Georgia Forestry Commission.  Additionally, subject to appropriations, the bill would establish state grants to offset revenue losses suffered by local governments as the result of the hurricane and the tax relief granted by the TREES Act.

Along with passing the TREES Act, Lieutenant Governor Burt Jones said he will prioritize adding additional funding in the Amended Fiscal Year 2025 budget for recovery efforts. 

Data Centers
On Thursday the House suspended the rules on the floor to allow a bill to be first read and assigned to committee.  House Bill 559, sponsored by Representative John Carson (R-Marietta), would eliminate the sales and use tax exemption for data centers at the end of 2026.   The tax exemption is currently set to sunset at the end of 2031.  The bill has been assigned to the Ways and Means Committee for consideration. 

A bill passed by the General Assembly last session would have paused the issuance of certificates of exemption between July 1, 2024 and June 30, 2026 and created the Special Commission on Data Center Energy Planning.  House Bill 1192 was vetoed by Governor Kemp at the end of the 2024 bill review period.   Governor Kemp’s veto message said that the legislation would have “undermine[d] the investments made by high-technology data center operators, customers, and other stakeholders in reliance on the recent extension, and inhibit[ed] important infrastructure and job development.”

Sports Betting
This week Senator Billy Hickman (R-Statesboro) introduced Senate Bill 208, which would authorize and provide for the regulation and taxation of sports betting in Georgia.   The bill proposes including sports betting as part of the definition of “lottery games” under the Georgia Lottery Corporation.   It would establish a tiered licensing system for operators, service providers, and suppliers.  A 25 percent privilege tax would be imposed on adjusted gross income from online sports betting, and revenue would be directed towards educational programs.  The measure has been assigned to the Regulated Industries and Utilities Committee for consideration.  

Senate Resolution 131,  a proposed constitutional amendment introduced earlier this month to allow sports betting and casino gambling if approved by the voters, has not received a hearing in the Regulated Industries Committee.   

Truck Weights
On Thursday the House Transportation Committee took up House Bill 164 by Representative Steven Meeks (R-Screven), which deals with truck weights.  The final version of House Bill 189 that was passed during the 2023 legislative session increased the allowable weight limit for big trucks from 84,000 to 88,000 pounds for vehicles hauling agricultural and forest products. The bill also allowed local law enforcement the ability to enforce weight limits on local roads; increased the monetary penalties for overweight vehicles on roads and posted bridges; and restricted vehicles receiving the higher variance from traveling outside of a 150-mile radius of the point of origin, and from traveling in metro Atlanta counties designated as non-attainment areas.  With the exception of the increased penalties, the provisions of the bill have a July 1, 2025 sunset.  

House Bill 164 would remove the sunset on the provisions of House Bill 189, which would allow the increased truck weight to be permitted permanently for areas where it currently applies.  The bill also explicitly gives local law enforcement officers the authority to enforce truck weight limits on county roads and on bridges within county or municipal systems.  It would also require local law enforcement officers to be properly trained for commercial motor vehicle weight laws.  On Thursday afternoon the Transportation Committee unanimously approved the measure.  It is now eligible for selection by the Rules Committee for consideration on the House floor.  

Childcare Tax Credit
This week the Senate unanimously approved Senate Bill 89, which would create a new child tax credit and expand childcare tax programs.   The measure was sponsored by Senator Brian Strickland (R-McDonough), who chaired the Senate Study Committee on Access to Affordable Childcare over the interim.  

Under the legislation, the Georgia income tax credit for qualified child and dependent care expenses, which is based on a percentage of the federal credit allowed under Section 21 of the federal tax code, would be increased from the current 30 percent to 40 percent. The legislation would also create a new Georgia Child Tax Credit, allowing taxpayers a credit of $250 per child under the age of 7.  Additionally, Georgia’s employer-sponsored childcare tax credit granted to an employer who sponsors or provides childcare for employees, would be increased to 90% of the cost of operation to the employer, up from 75% under current law.   The bill, which is a legislative priority for Lieutenant Governor Burt Jones, now heads to the House for consideration. 

Data Privacy
This week the Senate Economic Development and Tourism Committee passed Senate Bill 111, the ‘Georgia Consumer Privacy Protection Act.’   The legislation by Senator John Albers (R-Roswell) lays out consumers’ rights when it comes to their data, including the right to access, correct, delete, and obtain a copy of their data, and to opt out of the sale and the processing of their data for targeted advertising or profiling.  Businesses covered under the legislation must limit data collection, implement security measures, and obtain consent for sensitive data.  Certain entities and types of data are excluded from the provisions of the bill, including entities covered by HIPAA or financial regulations.  The bill specifies that a violation cannot serve as the basis for a private right of action.  The measure is now eligible for selection by the Rules Committee for floor action. 


Legislative Update: Week 7 - Feb 24-28, 2025

 
Legislators were in session every day except Tuesday this week for Legislative Days 22 through 25, and Tuesday served as a Committee Work Day.  The countdown is on for House and Senate members seeking to get their bills passed during the 2025 Legislative Session—Legislative Day 28, which is Crossover Day, is next Thursday, March 6.  Bills that do not successfully make it out of their assigned committee and at least one chamber by the time the legislature adjourns next Thursday are effectively dead this session and must be introduced next session unless their language is successfully attached to a related bill later this year. 

Amended Fiscal Year 2025 Budget
This week the Senate approved its own version of the Amended Fiscal Year 2025 budget by a vote of 55 to 1.   In his presentation of House Bill 67 on the Senate floor on Wednesday, Appropriations Committee Chairman Blake Tillery (R-Vidalia) outlined many of the changes the Senate made to the House’s version of the AFY25 budget.   The Senate added a significant amount of funding to address Hurricane Helene recovery, pulling those funds from a variety of different areas of the budget that recommended by the governor and House. 

Highlights covered by Chairman Tillery in his presentation of the AFY25 budget on the floor include:
  • An additional $125 million for Hurricane Helene recovery, some of which would be delivered through nonprofits and competitive grant programs, bringing the total for storm damage up to $750 million; 
  • The Senate agreed with the House and Governor’s recommendation of $502 million for the Georgia Environmental Finance Authority to support the development and construction of additional surface water resources for Georgia's coastal region, and added $200 million for counties that are not in southeast Georgia to allow other local governments to apply; 
  • The Senate agreed with the House and Governor’s recommendations of $25 million for Mercer School of Medine and $25 million for Morehouse School of Medicine to help address doctor shortages in rural communities; 
  • The Senate agreed with House and Governor’s recommendations for $50 million for school safety grants, which would be almost $70,000 in grants per school this year; 
  • The Senate agreed with House and Governor’s recommendation to include $500 million to shore up the State Employees’ Retirement System; 
  • $5.75 million to fund Next Gen 911;
  • An additional $20 million to expand residency programs in middle and southern Georgia;
  • A reduction of $200,000 from the State Senate’s funding;
  • The Senate agreed with House and Governor’s recommendation to refund $250 per individual and $500 per married couples who pay state income taxes; 
  • $500 million for freight and logistics; an additional $800,000 for rail upgrades on top of the House’s recommendation to get more trucks off the road; an additional $15 million to local governments for road and infrastructure projects; and $53 million to the Georgia Transportation Infrastructure Bank; 
  • Eliminated the Secretary of State’s plan for new scanners and machines, and savings were used for storm relief; 
  • The Senate agreed with House to include funds for the design of a new corrections facility; and 
  • The Senate did not agree with the $833,000 recommended by the House for the cost of moving the Olympic cauldron to Centennial Park. 
After approving the budget 55 to 1 on the Senate floor, the Senate immediately transmitted the AFY25 budget back to the House for consideration.  

Tort Reform
After passing the Senate last week 33 to 21, this week Senate Bill 68, one of Governor Kemp’s tort reform measures, was assigned to the House Rules Committee for consideration.   On Wednesday Rules Committee Chairman Butch Parrish (R-Swainsboro) announced the creation of a subcommittee that will focus on the lawsuit reform bills and ensured “we are going to pass substantive, meaningful tort reform this session.”   The subcommittee members are:
  • Representative Rob Leverrett (R-Elberton), Chairman 
  • Speaker Pro Tempore Jan Jones (R-Milton)
  • Majority Leader Chuck Efstration (R-Mulberry) 
  • Rules Committee Chairman Butch Parrish (R-Swainsboro)
  • Judiciary Committee Chairman Stan Gunter (R-Blairsville) 
  • Appropriations Committee Chairman Matt Hatchett (R-Dublin)
  • Representative Mark Newton (R-Augusta)
  • Representative Al Williams (D-Midway)
  • Minority Caucus Whip Sam Park (D-Lawrenceville)
  • Minority Caucus Chairman Tanya Miller (D-Atlanta)
  • Representative Stacey Evans (D-Atlanta)
On Thursday afternoon the newly created Subcommittee of Rules on Lawsuit Reform held a hearing on Senate Bill 68.   President Pro Tempore John Kennedy (R-Macon) presented the bill and noted that nuclear verdicts cost Georgians over $5,000 per household annually.  He also argued that skyrocketing insurance premiums have been driven by Georgia’s legal landscape, forcing businesses to shutter and forcing Georgians to travel farther for healthcare and groceries.  The committee meeting was hearing only.  The bill will still require a formal vote by the committee to continue to move through the legislative process. 

On Thursday the Senate unanimously passed Senate Bill 69, the ‘Georgia Courts Access and Consumer Protection Act.’  The bill, also carried by President Pro Tempore John Kennedy (R-Macon), would regulate third-party litigation financing practices in the state. It would ban hostile foreign adversaries like China and Russia from financing lawsuits against Georgia companies to gain intellectual property or to pursue their own political agendas.  It would also prohibit litigation funders from having any input into the litigation strategy or from taking the plaintiff’s whole recovery and making sure plaintiffs are aware of their rights.  It would increase transparency when it comes to third party litigation for all parties by requiring any litigation financiers to register with the Georgia Department of Banking and Finance and establishing basic guidelines for litigation funds that protect consumers and plaintiffs.  On Friday the legislation was assigned to the House Subcommittee of Rules on Lawsuit Reform for consideration. 

Religious Freedom Restoration Act
On Thursday the Senate Judiciary Committee took up Senate Bill 36, the ‘Georgia Religious Freedom Restoration Act,’ or ‘RFRA,’ by Senator Ed Setzler (R-Acworth).   The legislation, which includes 33 Republican cosigners, would restrict state and local governments from burdening a person’s exercise of religion, even if the burden results from a rule of general applicability.  The bill’s language mirrors a federal RFRA law that does not currently apply at the state or local levels.  A similar bill from Senator Setzler was passed by the Senate last session, but it did not make it out of the House for final passage. 

The measure was passed by the Judiciary Committee on Thursday, so it is now eligible for selection by the Rules Committee for consideration on the Senate floor. 

Sports Betting
On Thursday afternoon the Senate Regulated Industries Committee considered Senate Resolution 131, which proposes amending Georgia’s constitution to legalize sports betting and casino gaming.   Under the resolution by Senator Carden Summers (R-Cordele), the legislature would create a gaming commission that would regulate and tax sports betting and casino gambling activities.  The General Assembly would create a system for issuing at least eight casino gaming licenses.  Sports betting and casino gambling would be taxed at a rate of 20 percent of gross income, and the tax revenue would be deposited into the newly created Georgia Gaming Proceeds Fund.  The first $2 billion would be evenly distributed to Georgia’s county governments, and at least 5 percent of the proceeds above that amount would go to addiction prevention and treatment programs. 

When it came up for a committee vote, a majority of members voted against the measure, so it will not move forward. 

Red Tape Rollback
On Wednesday the Senate considered Senate Bill 28, the ‘Red Tape Rollback Act of 2025,’ by Senator Greg Dolezal (R-Cumming).   The legislation, which is a priority for Lieutenant Governor Burt Jones, would require all state agencies to complete a top-to-bottom review of all agency rules and regulations every four years. Agencies would be required to account for the economic impact of all proposed rules and provide economic reports to the General Assembly when major rules are proposed that would cost individuals, businesses, and/or local governments more than $1 million over five years. State agencies would also be directed to reduce compliance and paperwork burdens on small businesses, when feasible. Under the measure, legislators would also have the ability to request a “Small Business Impact Analysis” for pending legislation.  

The measure passed the Senate 33 to 21, and it has been assigned to the House Budget and Fiscal Affairs Oversight Committee for consideration. 

Transgender Athletes
On Thursday the House considered House Bill 267, the ‘Riley Gaines Act,’ sponsored by Representative Josh Bonner (R-Fayetteville).  The measure would prohibit biological males from competing on sports teams designated for girls and women at every level.  Separate changing facilities, bathrooms and locker rooms would be required for athletic events, and athletic scholarships designated for women could not be awarded to biological males.  Under the bill, private schools that compete against public schools would also be required to adhere to the standards set forth in the bill.  The measure, which is a legislative priority for Speaker Jon Burns (R-Newington), was passed by the House 102 to 54 after a lengthy debate on the floor.  

A similar piece of legislation that started in the Senate, Senate Bill 1, is a legislative priority for Lieutenant Governor Burt Jones.  The ‘Fair and Safe Athletic Opportunities Act’ has already passed the Senate 35 to 17 and has been assigned to the Education Committee in the House for consideration. 

Lieutenant Governor’s Legislative Priorities 
On Wednesday the Senate approved Senate Bill 79, the ‘Fentanyl Eradication and Removal Act,’ which is a legislative priority for Lieutenant Governor Burt Jones this session.  The bill, which is sponsored by Senator Russ Goodman (R-Cogdell), would establish stiffer criminal penalties for fentanyl-related offenses.  The measure would remove fentanyl from Georgia’s current statutes relating to possessing, selling, distributing, manufacturing, and trafficking opiates and create a separate schedule of offenses specific to fentanyl and its related substances. Current possession penalties start at 1 gram, but this bill would include fentanyl mixtures with any other drug and consider the entire weight of that mixture under the fentanyl schedule.  The legislation was passed on the Senate floor 50 to 3 and now heads to the House for consideration.  

This week the Senate Education and Youth Committee approved Senate Bill 152 by Senator Greg Dolezal (R-Cumming) by a vote of 6 to 5.  The measure would extend the provisions of the Promise Scholarship Act to the biological and adopted children of foster parents.   Last session the General Assembly passed Senate Bill 233, the ‘Georgia Promise Scholarship Act,’ which provides a $6,500 per student scholarship 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.   Senate Bill 152 is a legislative priority for Lieutenant Governor Burt Jones this session. 

Protections for IVF
On Thursday the House unanimously passed House Bill 428.  The legislation, sponsored by Representative Lehman Franklin (R-Statesboro), would codify protections for in vitro fertilization (IVF) in Georgia.   The legislation is a priority for Speaker Jon Burns (R-Newington), who said after the vote, “I’m incredibly proud of today’s passage of HB 428 which ensures Georgians struggling with infertility will never have to question their ability to seek medical assistance with starting or growing their families.” Representative Franklin, the bill’s sponsor, said “Thanks to the assistance of IVF, my wife and I are expecting our first daughter later this year.  I’m grateful to my colleagues in the House for their support of this legislation that will preserve the life-changing miracle of IVF for every Georgia family.”

The measure now heads to the Senate for consideration. 

Chronic Absenteeism
On Wednesday the Senate unanimously passed Senate Bill 123, a measure aimed at addressing chronic absenteeism in schools across the state. Sponsored by Senate President Pro Tempore John Kennedy (R-Macon), the bill would establish a localized approach, working with families, administrators, and those identified as chronically absent when reviewing individual cases. Additionally, the bill would require local boards of education to implement policies for identifying and intervening with chronically absent students, ensuring a focus on the root causes of their absences.  The measure would require school climate committees to develop a comprehensive framework for improving student attendance. This legislation would also establish localized attendance review teams to determine the most effective strategies for reducing absenteeism. Additionally, they would be responsible for reporting their progress to the General Assembly. 

The measure now heads to the House for consideration.