Gold Dome Report - Legislative Day 18 - February 2025

Nelson Mullins Riley & Scarborough LLP

The Georgia General Assembly returned in a frenzy on Tuesday with lawmakers and lobbyists rushing between back-to-back committee meetings in the morning and afternoon on a legislative day bifurcated by a 1 p.m. convening. Both chambers took up measures aimed at providing tax relief for Georgians still reeling from the devastation of Hurricane Helene, and the Senate took up a casual, once-in-a-generation comprehensive update to automobile dealer franchise law. Not to miss out on the fun of a frantic Tuesday, State School Superintendent Richard Woods hosted a press conference to unveil a new statewide teacher recruitment campaign called Teach in the Peach, which is aimed at making Georgia the number one state for teachers. Recaps of all the other meetings we were able to cover in our full-out sprint in this #GoldDomeReport.

In this Report:

  • Floor Action
  • Committee Notes
  • New Legislation
  • What’s Next

Floor Action

The House took up the following measures on Legislative Day 18:

  • HB 92 - Revenue and taxation; postpone date by which local governing authorities can opt out of base year homestead exemption (Substitute) (W&M-Blackmon-146th)(Rules Committee Substitute LC 50 1125S) - PASSED 172-1
  • HB 223 - Revenue and taxation; exclude from the calculation of taxable net income certain disaster relief or assistance grant program payments for agricultural losses suffered due to Hurricane Helene (Substitute) (W&M-Burchett-176th) - PASSED 173-0
  • HR 42 - General Assembly; motor fuel and diesel fuel taxes; ratify Governor Brian P. Kemp's Executive Orders (W&M-Gambill-15th) - ADOPTED 172-0

The Senate took up the following measures on Legislative Day 18:

  • SB 52 - "Timberlands Recovery, Exemption, and Earnings Stability (TREES) Act"; enact (Substitute) (FIN-8th) - PASSED 53-0
  • SB 58 - "Georgia Transporting Life-Saving Organs and Personnel Act"; enact (H&HS-56th) - PASSED 53-0
  • SB 81 - Motor Vehicle Franchise Practices; protection of consumer data in motor vehicle sales; provide (Substitute) (RI&U-6th) - PASSED 52-1

Committee Notes

House Education Committee

The House Education Committee, chaired by Representative Chris Erwin (R-Homer), met on Tuesday afternoon to hear one measure.

  • HB 268, authored by Representative Holt Persinger (R-Winder), is Speaker Jon Burns’s comprehensive school safety legislation. Representative Persinger presented the bill as a Substitute (LC 49 2263S), which has been drafted to address and incorporate solutions to concerns posed during last week’s subcommittee hearing.

Representative Matt Dubnik (R-Gainesville) asked about the mental health coordinators created by the bill, to which Representative Persinger explained they would be funded through a grant program. Representative Dubnik also asked how children who might engage in pranks or pull a fire alarm with malicious intent would be treated under the terroristic threat enhancement, to which Representative Persinger explained that such students could be dealt with at the school level. In response to a question from Representative Karen Lupton (D-Chamblee), Representative Persinger confirmed that the individuals able to access transferred student academic records would be different than those able to access records in the S3 database created by the legislation. There were a number of questions about behavioral threat assessment and management processes and teams. Representative Will Wade (R-Dawsonville) expressed concern about ensuring local district compliance with the requirements in the bill given that there is still not 100% compliance with the statutory requirements to conduct intruder drills and submit school safety plans to the state.

Chairman Erwin took no action on the bill, noting that there were additional conversations to be had. He said there is no particular timeline, but this bill is the most important task at hand for the committee. He encouraged members to reach out to have their questions answered and concerns addressed as soon as possible.

House Ways and Means - Sales Tax Subcommittee

Chairman Chuck Martin presided over the Sales Tax Subcommittee meeting, which considered three bills.

  • HB 134, by Representative Beth Camp (R-Concord), relates to taxation of manufactured homes. Currently, when a manufactured home is converted to real property, the owner gets 50% of the sales tax back. In an effort to have parity with stick-built homes, this bill would exempt 50% of the total tax on the property, state and local. The bill received a DO PASS recommendation and moves forward to full committee.
  • HB 153, also by Representative Beth Camp (R-Concord), extends the sunset on sales tax exemptions for maintenance and replacement parts for concrete trucks from June 30, 2026, to June 30, 2031. The committee voted DO PASS and the bill will move on to the full committee.
  • HB 229, by Yasmin Neal (D-Jonesboro) seeks to exempt materials used in the construction of capital outlay projects for educational purposes, was approved and funded through a constitutionally authorized education special purpose local option sales tax (E-SPLOST). Representative Neal brings this legislation on behalf of Clayton County Public Schools, which wants to use E-SPLOST funds to service bonds to build new school facilities. Representative Trey Kelley (R-Cedartown) asked why we should do this for Clayton County and not for every school district across the state. Representative Neil said she thinks we should do this statewide. He further asked what position the Clayton County School Board has taken on HB 581. They have opted out. This was the first hearing on this bill, thus there was no vote.

House Ways and Means - Public Finance and Local Policy Subcommittee

Chairman Ron Stephens (R-Savannah) presided over the Public Finance and Local Policy Subcommittee. The committee heard four pieces of legislation.

  • HB 79, by Representative Mark Newton (R-Augusta) is the “Firearm Safe Handling and Secure Storage Tax Credit Act.” The measure provides an income tax credit of $300 for purchase of safe storage devices or for in-person safe firearm handling training.

Representative Newton states that this is one way to protect children and youth, noting that firearm deaths have exceeded motor vehicles as the leading killer of youth (30% are from suicide). The subcommittee voted DO PASS, sending the bill to the full committee.

  • HB 136, authored by Representative Mark Newton (R-Augusta), expands the Fostering Success Act to allow youth involved with the Department of Juvenile Justice who are aging out of the system to take advantage of the program. It also addresses the tax credit allowed to individuals and businesses (adding that it now can be used by insurance companies that have a premium tax liability), expanding it to the capped amount of $30 million (versus $20 million which is current law). Allison Evans spoke on behalf of the Methodist Home for Children and Youth and Together Georgia. She said that foster kids don’t have “helicopter parents” to help them in a pinch, often absent emotionally, spiritually, and financially. She shared a story of a college student who used these funds for housing and is now a senior at Georgia Southern and interning for DFACS. Donors love it, and they have invested generously. Heather Rowls and Deven Rudy, for the Multi-Agency Alliance for Children (MAAC), also spoke in support of the bill. Representative Debbie Buckener (D-Junction City) asked if this covers all childcare agencies. It does cover Child Placing Agencies (CPAs) but does not cover Child Caring Institutions (CCIs). The presenters are hoping to have both included. The bill received a DO PASS and moves on to full committee.
  • HB 141, by Rep. Martin Momtahan (R-Dallas), will allow businesses and practitioners to provide affidavits of certified public accountants in lieu of tax returns to comply with occupational tax requirements. This is intended to protect taxpayers from cybersecurity risks, as not all local governments have good data protection. It would not prohibit any existing method of reporting but adds another option. The bill received a DO PASS vote and moves to full committee.
  • HB 186, by Representative Jordan Ridley (R-Woodstock), eliminates title ad valorem tax requirements for vehicles inherited by an immediate family member. This was the first hearing on this bill; no vote was taken.

House Appropriations Committee - Health Subcommittee

After concluding the House floor action, the subcommittee under the leadership of Representative Darlene Taylor (R-Thomasville), met to look further at the governor’s budget proposal for FY 2026. Agencies were on hand to present their portions of the budget with public testimony allowed at the end.

  • Georgia Board of Health Care Workforce - Director Chet Bhasin presented the Board’s budget requests. Less than 2% of their budget is expended on administrative costs. Graduate Medical Education one-time startup rural OB/GYN is removed. 75 residents are proposed to be funded, and a reduction is taken due to FMAP percentage change. Undergraduate Medical Education includes a transfer of funds from this to include all loan repayment programs in one area. Chairman Taylor asked if midwives were included in loan repayments; Bhasin said if it was an APRN then yes but nothing exclusive to a midwife. Representative Debbie Buckner (D-Junction City) asked about federal funds; none are received presently per Mr. Bhasin.
  • Department of Community Health - Commissioner Russel Carlson presented the Department’s budget needs. 97-98% of the funds received are “benefits” related. Enrollment is tied to population growth. Most growth is due to the numbers of population but there is some growth in utilization (for instance in ABD program). FMAP was adjusted in the state’s favor per Commissioner Carlson. Redeterminations have come to an end for the department. The PACE program is being stood up at the department with the goal of it going live in seven areas of the state. Katie Beckett Waiver program is being worked on again — working with technology to improve applications (three additional case workers have been proposed). DTAP and Community Living Arrangements are realigning with DBHDD for better results with providers and members. Funds for independent pharmacists provided to SHBP are expired; these were one-time dollars. Continuous enrollment was discussed; the commissioner indicated that the review of folks would have continuous enrollment for 12 months before being reviewed again.
  • Department of Public Health - Commissioner Kathleen Toomey, MD presented her budget needs. DPH choreographs its work with the Department of Community Health. Transfer of funds for lupus research (as the department already does work in this area). The brain health awareness campaign is working with Emory and is being transferred to DPH. The Low THC Registry Cards have grown and improved with their management. Newborn screening has had a long history but PKU was first tested in Georgia in 1968. Now, there are over 30 conditions being screened, and now screening includes newborn hearing screening and has now included Krabbe. Maternal and Child Health programs had a meeting in the fall to discuss what is needed to improve maternal and child health outcomes. Expansion of the home visiting program is one area to be helpful. The perinatal centers offer specialty care and needed - 15 hospitals have closed labor and delivery services over the last few years. The perinatal system has been in place which the state has tried to strengthen and could be strengthened through a hub-and-spoke manner. Representative Buckner noted her concern about CDC programs being abolished and the impact to Georgia. Dr. Toomey said it was a system of public health — and there is concern about loss of jobs and there will be no impact to the “system.” Representative Lee Hawkins (R-Gainesville) asked about remaining funding and if those dollars could go to cardiac care. Representative Carolyn Hugley (D-Columbus) asked about the distance that individuals travel for care such as coming from Augusta.
  • Georgia Board of Dentistry and Georgia Board of Pharmacy - Dr. Michael Knight for Board of Dentistry was also on hand. Combined budgets are approximately $2 million yet their revenue generated is far in excess of that. Dentistry is close to failing to be able to fully regulate dentists — they have a large backlog of cases with average time to address of 18-24 months. Cases coming to the Board of Pharmacy can take up to 80 days to investigate. Board of Dentistry has a backlog of more than 2000 cases — they only had a closure rate of 3.1% in FY 2024. Director Clint Joiner asked for more manpower for the Board of Dentistry wants to build out its investigative and compliance personnel. Since 2014 increased complaint volume is 16.9% year-to-year. 806 complaints received in FY 2024 and expect more than 930 this year. 15 new administrative positions were requested which would be a cost of $1.1 million (including post-certified positions for the work). 12 positions of the investigative unit within the Board of Dentistry will bring them in line with other boards. The board’s administrative structure was shared with the subcommittee, with a more intermediate level of personnel than previously. The Board of Dentistry asked for funding for equipment for its criminal investigatory unit. Chairman Taylor asked about the types of complaints the Board of Dentistry was receiving — malpractice-type reports, unlicensed practice of dentistry, treatment issues, etc. Investigator Altman noted it takes 9 minutes to enter into the system and then determine if they have authority to review; he then can take action to get information which can take 45 days and get a complaint with closure in 90-120 days (but if he has to track down information it can take additional days).

The Georgia Board of Pharmacy has four licensing techs serving its applications since 2013. The licensing unit is beyond “capacity” and it seeks to reduce analyst caseload by 7300 cases per analyst and reduce that by 20%. A licensing supervisor was also requested to allow verticality in the unit — this would be a second level of referral which would help with efficiency at the Board. It has three customer service personnel but receive complaints that it is hard to reach the board via phone; thus it is asking for another initial as perhaps as many as 1,000 calls are missed weekly. It is also asking for funds for pay raises for its licensing experts because of risks of losing those personnel to other state agencies.

Senate Higher Education Committee

Senator Max Burns (R-Sylvania) called the Senate Higher Education Committee meeting to order for its first meeting of the session, in which it adopted its rules and considered two legislative measures.

  • SB 20, by Senator Kay Kirkpatrick (R-Marietta), seeks to help with the shortage of veterinarians. Incentivizes veterinarians who practice shelter medicine and in nonprofit pet sterilization clinics by forgiving loans if they practice for three years and creates the State Veterinary Education Board for Shelter Medicine and Pet Sterilization. Senator Kirkpatrick notes that there has been a doubling in shelter intake and euthanasia since 2021, and there are extended waitlists for low-cost spay and neuter surgeries. Testimony was provided via Zoom from two faculty members and one student from UGA School of Veterinary Medicine, who spoke on their own behalf in support of the bill. The bill received a DO PASS recommendation and will move on to the Rules Committee.
  • SB 85, by Senator Matt Brass (R-Newnan), is a grant program to provide scholarship grants to former foster youth who meet eligibility requirements. The Georgia Student Finance Authority will implement and administer the program. The Georgia Student Finance Authority is very much in favor, per President Lynne Riley. Deven Rudy with the Multi-Agency Alliance for Children (MAAC) spoke on behalf of their Georgia Empowerment Program, which seeks to include children’s voices in the decisions that affect them. She shared that they have been looking for something like this for two years and are very excited about the measure. They do have some suggestions for improvement including that the three-year time frame between high school and college could be too tight for some students aging out of care considering everything else many are dealing with. The youth they work with would also like to see an appeals process if denied the scholarship and a probationary period for students who drop below the minimum GPA. Senator Brass indicated that he is amenable to incorporating these changes as the bill moves through the legislative process. The committee voted DO PASS, sending the bill forward to the Rules Committee.

Senate Children and Families Committee

The Senate Children and Families Committee, chaired by Senator Kay Kirkpatrick (R-Marietta), met on Tuesday to consider the following measures:

  • SB 98, authored by Senator Bill Cowsert (R-Athens), amends Title 29 to redefine the roles of county conservators and guardians. The bill mandates separate bonds and automatically redesignates county guardians as conservators by July 1, 2025, unless otherwise ordered by the court. The committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.
  • SB 100, authored by Senator Randy Robertson (R-Cataula), amends Title 31 to allow adopted individuals aged 18 or older to access their original birth certificates. The bill also standardizes birth certificate terminology across Georgia's legal code, and repeals conflicting laws. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
  • SB 110, authored by Senator Jason Anavitarte (R-Dallas), amends Title 15 to revise definitions related to child neglect and reckless conduct. Specifically, the bill allows children to engage in independent activities under certain conditions. The committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

New Legislation

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

H.B.440

Providing Effective Access to Cannabis for Health (PEACH) Act; enact

Rep. David Clark (R-100)

https://www.legis.ga.gov/legislation/70312

H.B.441

Georgia Prenatal Equal Protection Act; enact

Rep. Emory Dunahoo (R-031)

https://www.legis.ga.gov/legislation/70313

H.B.442

Education; students shall not be counted absent from school due to performing in certain productions; provisions

Rep. Tremaine "Teddy" Reese (D-140)

https://www.legis.ga.gov/legislation/70314

H.B.445

Ad valorem tax; language required to be included in notices of current assessment; revise

Rep. Chuck Martin (R-049)

https://www.legis.ga.gov/legislation/70317

H.B.446

Public Service Commission; discovery rights in proceedings; revise provisions

Rep. Jordan Ridley (R-022)

https://www.legis.ga.gov/legislation/70318

H.B.447

Crimes and offenses; crimes of gift card theft, gift card forgery, and gift card fraud; provide

Rep. Joseph Gullett (R-019)

https://www.legis.ga.gov/legislation/70319

H.B.450

Wills, trusts, and administration of estates; qualified beneficiary; provide for definition

Rep. Ron Stephens (R-164)

https://www.legis.ga.gov/legislation/70322

H.B.451

Quality Basic Education Act; local boards shall be authorized to provide instruction in hunting safety in grades six through 12; provide

Rep. Chas Cannon (R-172)

https://www.legis.ga.gov/legislation/70323

H.B.452

Firearms; persons convicted of family violence offenses cannot possess or purchase; provide

Rep. Shea Roberts (D-052)

https://www.legis.ga.gov/legislation/70324

H.B.453

Georgia Red Flag Protective Order Act; enact

Rep. Shea Roberts (D-052)

https://www.legis.ga.gov/legislation/70325

H.B.456

Ad valorem tax; additional period to appeal certain property assessments; provide

Rep. David Wilkerson (D-038)

https://www.legis.ga.gov/legislation/70328

H.B.457

Occupational therapists; perform dry needling as a physical agent modality if certain training and education requirements are met; authorize

Rep. Mitchell Horner (R-003)

https://www.legis.ga.gov/legislation/70329

H.B.458

Controlled substances; possession of four grams or more of fentanyl; provisions

Rep. Terry Cummings (D-039)

https://www.legis.ga.gov/legislation/70336

H.B.459

Heart Health for All Act; enact

Rep. Doreen Carter (D-093)

https://www.legis.ga.gov/legislation/70337

H.B.460

Evidence; exclude certain communications made between attorney and client when client is in a penal institution

Rep. Esther Panitch (D-051)

https://www.legis.ga.gov/legislation/70347

H.B.464

Crimes and offenses; immunity for a prospective offender while seeking assistance from law enforcement as a victim of certain offenses; provide

Rep. Eric Bell (D-075)

https://www.legis.ga.gov/legislation/70351

H.B.465

Autism Missing Person Alert System Act; enact

Rep. Carl Gilliard (D-162)

https://www.legis.ga.gov/legislation/70352

H.B.466

State symbols; marsh tacky horse as official Georgia heritage horse breed; designate

Rep. Mike Cameron (R-001)

https://www.legis.ga.gov/legislation/70354

H.R.257

House Special Committee on Oversight of Federal Funds; create

Rep. Carolyn Hugley (D-141)

https://www.legis.ga.gov/legislation/70335

H.R.258

Congress; call convention to set term limits on members elected to the House of Representatives; apply

Rep. Scott Hilton (R-048)

https://www.legis.ga.gov/legislation/70353

H.R.259

Looney, Dr. Mike; Georgia's 2024 Superintendent of the Year; commend

Rep. Lydia Glaize (D-067)

https://www.legis.ga.gov/legislation/70355

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

S.B.168

Individual Tax Rates; reduction of the state income tax over time; revise provisions

Sen. Colton Moore (R-053)

https://www.legis.ga.gov/legislation/70334

S.B.169

Professions and Businesses; certain education and training requirements for the performance of dry needling; provide

Sen. Shawn Still (R-048)

https://www.legis.ga.gov/legislation/70338

S.B.170

Georgia Interagency Council for the Homeless; create

Sen. Kim Jackson (D-041)

https://www.legis.ga.gov/legislation/70340

S.B.171

Quality Basic Education Act; State Board of Education to develop an advanced mathematics pathway; require

Sen. Jason Anavitarte (R-031)

https://www.legis.ga.gov/legislation/70343

S.B.172

Speed Detection Devices; all laws relative to enforcement of speeding violations in school zones through the use of automated traffic enforcement safety devices; repeal

Sen. Derek Mallow (D-002)

https://www.legis.ga.gov/legislation/70339

S.B.173

Pleadings and Motions; movants to file notices of uncontested motions in superior courts and state courts; authorize

Sen. Josh McLaurin (D-014)

https://www.legis.ga.gov/legislation/70341

S.B.174

Conduct of Proceedings in Criminal Trials; legislative intent; provide

Sen. Josh McLaurin (D-014)

https://www.legis.ga.gov/legislation/70342

S.B.178

State Depository Board; allow the state treasurer to invest in Bitcoin; provide

Sen. Greg Dolezal (R-027)

https://www.legis.ga.gov/legislation/70371

S.B.179

Education; the academic and disciplinary records of each transferring student shall be provided within five days; require

Sen. Clint Dixon (R-045)

https://www.legis.ga.gov/legislation/70372

S.B.180

High Demand Apprenticeship Program; opportunities for apprenticeship sponsors to enter into apprenticeship program contracts with State Board of the Technical College System of Georgia; provide

Sen. Clint Dixon (R-045)

https://www.legis.ga.gov/legislation/70373

S.R.192

Future Business Leaders of America Week; recognize February 9-15, 2025

Sen. Derek Mallow (D-002)

https://www.legis.ga.gov/legislation/70332

S.R.195

Colorectal Cancer Awareness Month; recognize March 2025

Sen. Ben Watson (R-001)

https://www.legis.ga.gov/legislation/70370

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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