Session highlights : 2017 legislative session.

2018 SESSION OF THE GEORGIA GENERAL ASSEMBLY LEGISLATION PASSED
This document is a comprehensive report of all legislation passed by the 2018 Georgia General Assembly, with the exception of local legislation. Each bill is indexed by the assigned standing Senate Committee through which it was favorably reported with a brief summary, effective date, sponsor, and Senate carrier. Vetoed bills and legislation creating interim study committees can be found at the foot of the document. If further detail is needed, please contact the Senate Research Office to request a full bill summary or additional information.
AGRICULTURE & CONSUMER AFFAIRS............................................................................ 1 APPROPRIATIONS ................................................................................................................. 3 BANKING & FINANCIAL INSTITUTIONS........................................................................... 4 ECONOMIC DEVELOPMENT & TOURISM ......................................................................... 4 EDUCATION & YOUTH.......................................................................................................... 5 ETHICS .................................................................................................................................... 7 FINANCE ................................................................................................................................. 8 HEALTH & HUMAN SERVICES ...........................................................................................13 HIGHER EDUCATION...........................................................................................................17 INSURANCE & LABOR .........................................................................................................19 INTERSTATE COOPERATION .............................................................................................21 JUDICIARY .............................................................................................................................22 NATURAL RESOURCES AND THE ENVIRONMENT ........................................................33 PUBLIC SAFETY ....................................................................................................................35 REGULATED INDUSTRIES ..................................................................................................38 RETIREMENT ........................................................................................................................40 RULES .....................................................................................................................................41 STATE AND LOCAL GOVERNMENT OPERATIONS .........................................................44 STATE INSTITUTIONS & PROPERTY.................................................................................44 TRANSPORTATION ...............................................................................................................45 URBAN AFFAIRS ...................................................................................................................47 VETERANS, MILITARY & HOMELAND SECURITY ..........................................................47 LEGISLATION CREATING STUDY COMMITTEES ...........................................................50 VETOED LEGISLATION .......................................................................................................51

AGRICULTURE & CONSUMER AFFAIRS
Senate Bill 330 Agricultural Education Program and Pilot Program Sponsor: Senator Wilkinson of the 50th Effective Date: Upon Governor's Approval (Signed on April 27, 2018; Act 294) Provides for learning opportunities through participation of Georgia FFA Association, the National FFA Organization, and agricultural education. Requires that DOE provide accountability for state and federal funds for program delivery of agriculture education and to coordinate regional and state-wide activities of the Georgia FFA Association, the National FFA Organization, and agricultural education.
This legislation mirrors portions of SB 243, which was introduced in 2017 in the Education and Youth Committee. SB 243 died during the 2018 Legislative Session due to SB 330.
Senate Bill 451 Removes Authority of the State Soil and Water Conservation Commission Sponsor: Senator Walker of the 20th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 483) This bill removes the assessed nonrefundable application fee for all applicants seeking farm use within the Flint River basin. This bill clarifies that all agricultural water use permits are effective on or after April 20, 2018 and, in cases where no water-measuring device was installed, the permittee must cover associated costs to have an acceptable type of water-measuring device installed one-year from the effective date.
This bill removes language requiring the Commission to purchase, install, operate and maintain water-measuring devices for farm users. This bill also removes the requirement of the Commission to install, commence operation and maintenance of water-measuring devices for all farm users. This bill adds that the Environmental Protection Division (EPD) may refine the priority system based on the amount of funding received by EPD, cost effectiveness, new technical information, changes in resources use of conditions, or other factors as deemed relevant by the director. This bill removes language requiring an annual progress report on the status of water-measuring device installation and is replaced with "after expiration of five-years such permittee should be responsible for the installation and all associated costs." EPD must purchase and install water-measuring devices according to the priority system at no charge to the permittee. Employees, contractors, and agents of EPD are now authorized to enter upon private property at reasonable times to carry out the duties of the EPD. This bill also removes the annual reporting requirements for farm users if a permit is issued, modified or amended after July 1, 2003.
Senate Resolution 989 Encouraging Withdrawal of Electronic Logging Device Regulations Sponsor: Senator Wilkinson of the 50th This resolution encourages the Federal Motor Carrier Safety Administration (FMCSA) to withdraw the Electronic Logging Device (ELD) regulations on the agriculture industry in support of agribusinesses. By the adoption of this resolution, the Senate encourages the FMCSA to immediately exempt agriculture from the ELD regulations and to fully honor the Hours of Service provisions on the agriculture industry. Rural America, farmers, agribusinesses, and fragile agricultural economies are counting on such ELD regulatory changes by FMCSA to avoid further damage to the agricultural economy.
House Bill 876 State-wide Application of Minimum Standard Codes Sponsors: Senator Wilkinson of the 50th and Representative Corbett of the 174th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 466) This bill prohibits counties or municipalities from proscribing the use of wood as a construction material so long as such use conforms to all applicable state minimum standard codes and the Georgia State Fire Code as well.
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House Bill 886 Georgia Agricultural Tax Exemption (GATE) Program Sponsors: Senator Wilkinson of the 50th and Representative Watson of the 172nd Effective Date: Upon Governor's Approval (Signed on May 3, 2018; Act 387) This bill raises the minimum amount on the sales and use tax exemption for agricultural machinery and equipment as a qualified agricultural producer from $2,500 to $5,000 in agricultural sales, products, or services. This bill adds livestock to the list of long-term agricultural products from which there might not be an annual income. Applicants must also demonstrate that sufficient volumes of such long-term agricultural products will be produced which have the capacity to generate in aggregate at least $5,000 in annualized sales.
Further, the Commissioner of Agriculture must not issue or renew an exemption until the agricultural producer requesting such certificate provides the Commissioner with a valid state taxpayer identification number obtained through the Department of Revenue's Georgia Tax Center. Any agricultural sales and use tax exemption certificate issued or renewed on or after January 1, 2019, will be valid for three-years. The Commissioner of Agriculture must, upon renewal, issue a card1 each year that such certificate is in effect.
The Department of Agriculture will collect a fee in the amount of $150 at the time of registration or renewal for three-year periods. Any person who divulges any confidential information obtained under this bill will be subject to civil and criminal penalties.
House Bill 904 Effect of a Landowner Charging Fees for Admission to Land for Recreational Use Sponsors: Senator Tillery of the 19th and Representative Hanson of the 80th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 554) This bill amends current law relating to certain liability not limited for the purpose of clarifying the effect of a landowner charging a fee for any person who enters "on a portion of land on a date" or "any individual who lawfully enters" such land for recreational use. This bill makes clear that such liability is for any injury suffered by a person on a date which the landowner is charging a fee for admission must have lawfully entered the designated land. (HB 904 closely mirrors SB 431, sponsored by Sen. Tillery in 2018.)
House Bill 956 Georgia Veterinary Practice Act Update Sponsors: Senator Black of the 8th and Representative Pirkle of the 155th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 456) This legislation allows the State Board of Veterinary Medicine to perform inspections of premises and equipment. This bill also creates a continuing education requirement for veterinary technicians, as well as a waiver of these requirements for veterinarians or veterinary technicians who are active duty in any branch of the United States armed services.
This legislation clarifies the prohibition on practicing veterinarian medicine without a valid license or to use the designation veterinarian or technician, licensed veterinarian or technologist, or any other designation will be found in violation of this legislation and would be further found guilty of a misdemeanor, upon conviction thereof, and each act of unlawful practice will constitute a distinct and separate offense.
Additionally, the bill eliminates a limit on the number of veterinary technicians who can work under a licensed veterinarian. This bill also brings state law in line with federal law with regard to the veterinary feed directive.
Lastly, this bill requires vets to disclose to a physician (if requested) an animal's rabies vaccination history if the animal has bitten a person (HB 40, which passed the Senate Agriculture and Consumer
1 To facilitate the use of the exemption certificate, a wallet sized card containing the producer's names, address, exemption number, and expiration date will be issued by the Commissioner of Agriculture.
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Affairs' Committee but didn't make it out of Rules); and provides for consultation with a veterinarian employed or approved by the Department of Agriculture prior to the filing of criminal charges for cruelty to animals pertaining to cattle, swine, goats, or sheep (Senator Heath's SB 257).
APPROPRIATIONS
House Bill 683 Supplemental Appropriations; State Fiscal Year July 1, 2017 June 30, 2018 Effective Date: Upon Governor's Approval (Signed on March 9, 2018; Act 286) Please contact the Senate Budget and Evaluation Office with inquiries.
House Bill 684 General appropriations; State Fiscal Year July 1, 2018 - June 30, 2019 Effective Date: Fiscal Year Begins July 1, 2018 (Signed on May 2, 2018; Act 301) Please contact the Senate Budget and Evaluation Office with inquiries.
House Bill 332 Georgia Outdoor Stewardship Act and Trust Fund Sponsors: Senator Gooch of the 51st and Rep. Watson of the 172nd Effective Date: July 1, 2019, Contingent on Passage of Constitutional Amendment in HR 238 (Signed on May 7, 2018; Act 415) This bill is the enabling legislation for HR 238 and is contingent upon the ratification of a constitutional amendment authorizing the General Assembly to provide by law for the allocation of up to 80 percent of all moneys received by the state from the sales and use tax collected by establishments classified under the 2007 North American Industry Classification Code 451110 (sporting goods stores) in the immediately preceding fiscal year to be dedicated to the Georgia Outdoor Stewardship Trust Fund for the purposes of funding the protection of conservation land.
This bill creates the Georgia Outdoor Stewardship Trust Fund as a separate fund in the state treasury and the successor to the former Georgia Land Conservation Trust Fun and the Georgia Land Conservation Revolving Loan Fund. The state treasurer must credit to the trust fund 40 percent of all moneys received from the state sales and use tax collected by establishments classified under the 2007 North American Industry Classification Code 451110 (sporting goods stores) in the immediately preceding fiscal year. In the event that state sales and use tax revenue decreases by at least 1 percent from the preceding year, the amount credited to the trust fund will be reduced by 20 percent.
House Resolution 238 (CA) Companion Resolution to HB 332/Georgia Outdoor Stewardship Act Sponsors: Senator Gooch of the 51st and Rep. Watson of the 172nd Effective Date: Upon Ratification of November 2018 Ballot (Signed on May 7, 2018; Act 414) This is resolution amends the Georgia Constitution by allowing the General Assembly to provide by general law that up to 80 percent of all moneys received by the state from the sales and use tax collected by establishments classified under the 2007 North American Industry Classification Code 451110, sporting goods stores, in the year immediately preceding fiscal year must be paid into and dedicated to the Georgia Outdoor Stewardship Trust Fund. The purpose of such fund is protection and preservation of conservation land. Any general law pertaining to this resolution must sunset and provide for automatic repeal no more than 10 years after its effective date; however, such sunset provision may be extended for a maximum of 10 additional years.
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BANKING & FINANCIAL INSTITUTIONS
Senate Bill 376 Repeal Charge for Credit Freezes Sponsor: Senator Shafer of the 48th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 356) Currently, credit bureaus can charge a fee when a consumer requests a security freeze on their credit report (though this fee cannot be imposed in certain cases such as when the consumer is a victim of identity theft). This bill eliminates these fees.
House Bill 780 Yearly Banking Update Bill Sponsors: Senator Kennedy of the 18th and Representative Williamson of the 115th Effective Date: Upon Governor's Approval This bill provides for various changes to Georgia's banking laws. This includes modifying the powers of the Commissioner of Banking and Finance to grant a state bank or credit union any existing federal power or claim to federal preclusion; allowing a bank to have additional loans to or secured by state entities; modifying the state's banking laws to bring it more into conformity with its corporate laws; and allowing the Commissioner to bar individuals from working with affiliates of any financial institution (in response to unethical behavior).
ECONOMIC DEVELOPMENT & TOURISM
House Bill 489 Georgia Procurement Registry Requirement Sponsors: Senator Brass of the 28th and Representative McCall of the 33rd Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 470) This bill requires that if a bid or other proposal opportunity is extended by a county, municipal corporation, or local school board for goods and services valued at $10,000.00 or more or for public works construction contracts subject to Chapter 91 of Title 36, the bid or proposal opportunity must be advertised in the Georgia Procurement Registry at no cost. This bill also states that before entering into any public works construction contract, a government entity must publicly advertise the contract opportunity on any appropriate Internet websites including the Georgia Procurement Registry, at no cost to the government entity.
House Bill 831 Georgia's Employment First Act Sponsors: Senator Dugan of the 30th and Representative Rogers of the 10th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 455) This bill creates the Employment First Georgia Council to advise the Governor, General Assembly, and state agencies on the adoption and integration of a policy for Competitive Integrated Employment for people with disabilities. Competitive Integrated Employment is work in the labor market in a setting where an individual with a disability interacts with individuals without disabilities and is compensated at or above the salary and benefits of someone similarly situated without a disability. The bill recognizes Competitive Integrated Employment as the preferred option of all state funded services provided to working age individuals with disabilities. The bill provides for the council's member, powers, duties, and responsibilities.
House Bill 843 Job Tax Credit in less Developed Areas with Military Installation Sponsors: Senator Walker of the 20th and Representative Shaw of the 176th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 378) Under current law, businesses that operate in less developed areas may be eligible for a job tax credit for every new full-time employee job created if they meet certain criteria. The bill adds a new provision allowing a census tract in a county that contains a federal military installation with a garrison of at
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least 5,000 federal or military personnel and also contains an industrial park that is owned and operated by a governmental entity to be eligible for the tax credit.
House Bill 899 Previous Experience in Public Works Sponsors: Senator Dugan of the 30th and Representative LaRiccia of the 169th Effective Date: Upon Governor's Approval (Signed on May 3, 2018; Act 389) This bill provides that when government entities are awarding contracts based on sealed competitive bids or proposals for contracts for public works, no bidder may be disqualified or denied prequalification based lack of experience with the construction delivery method used for the job.
House Bill 951 Center for Rural Prosperity and Innovation Sponsors: Senator Tillery of the 19th and Representative Shaw of the 176th Effective Date: July 1, 2018 (Signed on May 2, 2018; Act 300) This bill creates the Center for Rural Prosperity and Innovation and the corresponding Georgia Rural Development Council. The Center will be created with and located in an institution of the University System of Georgia and award a Bachelor of Science degree in rural community development. The Center will provide a central research hub, rural leadership training, and best practices including: community planning models, industry specific assistance, and cooperative efforts with other organizations. The bill provides for the membership and operation of the council.
EDUCATION & YOUTH
Senate Bill 3 The CONNECT Act: Creating Opportunities Needed Now To Expand Credentialed Training Sponsor: Senator Tippins of the 37th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 446) This bill requires the State Board of Education to prescribe a minimum course of study in career education in grades 6 through 12 including participation in work-based learning programs and rigorous industry credentialing. This bill requires the Department of Education (DOE) to develop Board-approved state models and industry required content standards for programs of study, which may now include industry certifications or industry credentialing pertinent to a focused program of study. This bill establishes an annual competitive grant program for the purchase of equipment to enhance industry certification programs in educational facilities.
Senate Bill 362 Innovative Assessment Pilot Program Sponsor: Senator Tippins of the 37th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 484) This pilot program will begin in the 2018-2019 school year and will examine alternate assessment and accountability systems aligned with the state academic content standards. The program will be three to five years long, and can include up to ten local school systems. Systems that participate in this program are authorized to design and implement an innovative alternate assessment and accountability program. The State Board must take all reasonable steps to obtain any necessary waivers from the U.S. Department of Education to facilitate the implementation of this program.
Senate Bill 401 Individual Graduation Plans; and Sexual Abuse and Assault Prevention Education Sponsor: Senator Tippins of the 37th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 449) This legislation provides that individual graduation plans be based on a student's academic skills, career oriented aptitudes, and career interests. Also, guidance, advisement, and counseling for high school students must include career oriented aptitude and career interest guidance. This legislation requires postsecondary institutions to provide dual enrollment and student data to the Office of Student Achievement. Additionally, DOE must review and report on each school counselor's role,
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workload, and program service delivery in grades 6 through 12. This bill tacked on HB 762, which requires students to receive age-appropriate sexual abuse and assault awareness and prevention education annually in grades K-9.
House Bill 494 Authorizing Hearsay in Closure of Early Care Program Hearings; Background Checks Sponsors: Senator Wilkinson of the 50th and Representative Dempsey of the 13th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 561) Under current law, the Commissioner of Early Care and Learning may issue an order providing notice of an intended emergency closure of an early care and education program. Programs can request a preliminary hearing prior to closure and this bill allows hearsay to be admissible at such preliminary hearing. Under current law, individuals working in early care and education programs must obtain a satisfactory fingerprint records check. This bill changes the type of records check that must be completed to a comprehensive records check. Under this bill, a satisfactory records check is no longer valid for an employee or director who has been separated from employment for more than 180 consecutive days from a program.
House Bill 718 Excused Absences for Children with Military Parents Sponsors: Senator T. Anderson of the 43rd and Representative Scott of the 76th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 332) This bill allows the use of excused absences up to a maximum of five school days per school year, not to exceed two school years, for a student whose parent or legal guardian is currently serving or previously served on active duty in the armed forces. These absences are to be used for the day or days missed from school to attend military affairs sponsored events.
House Bill 739 Tracy Rainey Act Sponsors: Senator Watson of the 1st and Representative Williams of the 168th Effective Date: July 1, 2018 (Signed on May 7, 2018; Act 426) Current law allows military spouses moving to Georgia with their service member to qualify for temporary certificates, certificates by endorsement, or expedited certificates to work in a public school. This bill names this Code section the `Tracy Rainey Act."
House Bill 740 Expelling or Suspending a Student in Grades P-3 Sponsors: Senator Dugan of the 30th and Representative Nix of the 69th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 450) Under this bill, students in public preschool through third grade cannot be expelled or suspended for more than five consecutive or cumulative days during a school year without first receiving a multitiered system of support (MTSS). MTSS is defined as "a systemic, continuous-improvement framework in which data based problem-solving and decision making is practiced across all levels of the educational system for supporting student at multiple levels of intervention." This does not apply to students who possess a weapon, illegal drugs, or other dangerous instrument or if their behavior endangers the physical safety of other students or school personnel.
House Bill 763 School Climate Analysis; School Safety Plans Sponsors: Senator Brass of the 28th and Representative Nix of the 69th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 451) This bill requires the student attendance protocol committee to review and make recommendations for policies relating to school climate to promote positive gains in student achievement scores, student/teacher morale, etc. Current law requires public schools to prepare school safety plans (plans) to address preparedness for natural disaster, hazardous materials, radiological accidents, acts of violence, and acts of terrorism. This bill sets out requirements for what must be included in such plans and tacked on SB 457 that requires drills to be conducted on such plans. Under current law, schools may request funding assistance from the state for the installation of safety equipment. Under this bill,
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DOE will establish criteria to review funding requests, taking into consideration the security needs of the school.
House Bill 787 Charter School Funding; and Student Grant Program Sponsors: Senator Millar of the 40th and Representative Hilton of the 95th Effective Date: July 1, 2018 (Signed on May 7, 2018; Act 425) This bill changes the funding formula for state charter schools. Under this new formula, charter schools will generally receive the statewide average for the local/equalization supplement, however, if the average revenue for the local school systems that comprise the attendance zone of the charter school is less than the statewide average, the charter school will receive the greater of the average amount of the attendance zone or the average amount of the five lowest-ranked systems. Under this bill the supplemental capital outlay funds for brick and mortar charters must be the greater of the statewide average of capital outlay, excluding revenue bonds, or the capital outlay for the local system where the charter school is located. Under this bill, the amount of funds received by virtual charters under capital outlay must be equal to 25 percent of the statewide average of capital outlay if the school provides computer hardware and technical support necessary for its students to participate in virtual instruction.
This bill establishes a grant program administered by the State Board to replicate high-performing charter schools or features/programs of such schools that have proven to be effective. This bill requires the Department of Audits and Accounts to annually report on state charters that offer virtual instruction. This bill expands the role of the Regional Educational Services Agencies to also provide services to state charter schools. This bill tacked on SB 405 that awards grants for postsecondary education to students whose family income is considered economically disadvantaged and who meets academic and other standards established by the Georgia Student Finance Commission.
House Bill 852 Continued Enrollment in Certain Schools after Moving Sponsors: Senator Millar of the 40th and Representative Smith of the 41st Effective Date: July 1, 2018 (Signed on May 7, 2018; Act 431) Under this bill, if a student moves during the school year to another attendance zone within the local school system, the local board of education may allow the student to remain at the original school to complete the school year. In order to qualify, the student must have been enrolled in and attended the public school for more than half the school year.
House Bill 853 Education in Psychiatric Residential Treatment Facilities Sponsors: Senator Brass of the 28th and Representative Dempsey of the 13th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 382) This bill provides that a child that is placed in a psychiatric residential treatment facility by his or her parent or legal guardian under a physician's order and who is not a home study, private school student, or out of state student cannot be charged tuition or fees by the local school system. A facility that provides education services onsite to a child covered under this bill who is unable to leave the facility, must enter into a Memorandum of Understanding (MOU) with the local school system. Such MOU must establish enrollment counting procedures.
ETHICS
House Bill 973 General Assembly Employee Sexual Harassment Policy; Lobbyists Sponsors: Senator McKoon of the 29th and Representative Jan Jones of the 47th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 493) This bill requires all lobbyists to read and agree to the General Assembly's sexual harassment policy while registering with the Georgia Government Transparency and Campaign Finance Commission. The lobbyists must sign a statement yearly agreeing to abide by this policy.
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FINANCE
Senate Bill 328 Income Tax Credits Sunset Dates Sponsor: Senator Albers of the 56th Effective Date: Upon Governor's Approval (Signed on March 27, 2018; Act 292) This bill provides a December 31, 2018 sunset date for income tax credits for qualified transportation fringe benefits, private driver education courses, and diesel particulate emission reduction technology equipment. The Qualified Transportation Credit provides an employer a $25 credit for each employee they provide either transportation in a commuter highway vehicle, a transit pass, or qualified employee parking. The Driver Education Tax Credit provides a $150 tax credit to offset the cost of a private driver education program. The Diesel Particulate Emission Reduction Technology Equipment Credit provides a tax credit worth ten percent of the cost of buying and installing equipment to provide heat, air conditioning, light, and communication for a truck driver's compartment while parked at a truck stop, depot, or other similar facility. This bill also allows corporations to subtract from taxable income, dividends received from sources outside the United States, including global intangible lowtaxed income.
Senate Bill 371 Furnishing of Sales Tax Information to Local Governments Sponsor: Senator L. Anderson of the 24th Effective Date: July 1, 2018 (Signed on March 7, 2018; Act 441) Under current law the Department of Revenue (DOR) is able to provide, otherwise confidential, tax information to the taxing official of any municipality with a population of 350,000 or more. This bill allows a municipality, regardless of population size, to request that DOR provide information included on the vendor's sales tax certificate for all vendors that have filed a report for a designated period. The designated financial officer or taxing official of the municipality may request that DOR validate a business within their political subdivision is remitting sales tax to the proper political subdivision. Any information furnished will retain its privileged and confidential nature to the same extent as though it were in possession of DOR.
Senate Bill 458 Bona Fide Conservation Use: Family Owned Farm Entities, Proof, and Appeals Sponsor: Senator Wilkinson of the 50th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 465) This bill exempts an owner of land for a bona fide conservation use from being required to submit additional proof of qualified use if they can provide proof that they have incurred expenses for a qualifying use or proof they have generated income from a qualifying use. This bill adds a provision stating that an owner of land totaling ten acres or more is not required to submit additional proof of bona fide conservation use for a qualified property to the tax assessor. This bill also adds provisions related to the appeals to the superior court on decision for bona fide conservation use and breach of covenant. The bill allows for the recovery of costs of litigation and attorney's fees and a payment period and interest on refunds and payments. This bill provides for a reduced penalty for family owned farm entities that discontinue conservation use when the entity has renewed the covenant once, held the land in qualified use for three years, and one shareholder reaches the age of sixty-five.
Senate Resolution 752 Encouraging the Repeal of the Johnson Amendment Sponsor: Senator Harbin of the 16th This resolution encourages the United States Congress to repeal the Johnson amendment to the Internal Revenue Code. The Johnson Amendment prohibits all 501(c)(3) nonprofit organizations from endorsing or opposing political candidates. The resolution states that most churches and religious organizations are organized as 501(c)(3) nonprofit organizations, and that the United States Congress has the authority to repeal the Johnson Amendment.
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House Bill 61 Economic Nexus Sales and Use Tax Sponsors: Senator Hufstetler of the 52nd andRepresentative Powell of the 171st Effective Date: January 1, 2019 (Signed on May 3, 2018; Act 365) This bill requires online retailers, who obtain gross revenue of $250,000 or conduct 200 or more separate retail sales in a calendar year, to collect and remit sales tax or notify potential purchasers the transaction may be subject to state sales tax. If a question of constitutionality arises from such action, the court may prohibit the state from enforcing the collection obligation against the dealer. The superior court will issue a final decision in an expeditious manner.
House Bill 85 Forest Land Conservation Use Property Valuation Update Sponsors: Senator Black of the 8th and Representative Powell of the 171st Effective Date: January 1, 2019 (Signed on May 2, 2018; Act 296); Contingent on Passage of CA in HR 51 This bill changes the valuation methodology for forest land conservation use property. This bill removes the provisions relating to forest land valuation based on its 2008 value Instead forest land conservation property will be assessed at 40% of its forest land conservation use value, and qualified timberland property will be assessed at 40% of its fair market value for qualified timberland property. The value of qualified timberland property will be at least 175% of the property's forest land conservation value. The bill provides that the value of the local assistance grant to any county will be increased by an amount equal to a percentage of the value of the difference in the amount the county received in 2018, and the amount the county is eligible to receive in the given year.
House Bill 217 Expand Tax Credit for Donations to Student Scholarship Organizations Sponsors: Senator M. Wiliams of the 27th and Representative Carson of the 46th Effective Date: Upon Governor's Approval (Signed on May 2, 2018; Act 424) Current law grants an income tax credit to donors to student scholarship organizations. This tax credit has an annual cap of $58 million. This bill raises this cap to $100 million annually beginning January 1, 2019 to December 31, 2028. The cap returns to $58 million on January 1, 2029. The bill maintains a tiered system requiring allocation of a certain percentage of revenue to be used for scholarships or tuition grants, but raises each applicable percentage by 1%. Finally the bill adds a sales and use tax exemption noncommercial written materials or mailings by a 501(c)(3) organization. The organization must be located within the state and provide these materials for educational, charitable, religious, or fundraising purposes.
House Bill 329 TAVT Reform Sponsors: Senator Hufstetler of the 52nd and Representative Powell of the 171st Effective Date: July 1, 2019 (Signed on May 3, 2018; Act 367) This bill revises numerous provisions related to Georgia's Title Ad Valorem Tax. The bill revises the calculation of fair market value and tax amount for leased vehicles, kit cars, and charter buses. The bill sets the state and local ad valorem tax rate at 7% of fair market value. The distribution ratio for proceeds from the tax are set at 35% to the state government and 65% to local governments. The bill also revises the required distribution percentages relating to funds received by local tag agents. The bill reduces the "Welcome to Georgia" rate for those transferring title into the state to 3% of fair market value. Finally, the bill revises the rates donated cars, cars subject to a divorce decree, and antique cars.
House Bill 374 Ad Valorem Taxation of Property Sponsors: Senator Brass of the 28th and Representative Knight of the 130th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 310) Current law requires an annual notice of the current assessment contain a statement of the taxpayer's right to appeal and an estimate of the current year's taxes for all levying authorities. Currently, the notice entitles a right to appeal where a parcel of nonhomestead property or wireless property has a
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fair market value of more than $750,000.00 to a hearing officer with appeal to the superior court. This legislation decreases the fair market value to $500,000.000 for both a parcel of nonhomestead property and wireless property. Also, this legislation adds that such amount be shown on the taxpayer's annual notice of current assessment. This legislation makes conforming changes to the appeals process to the County Board of Equalization (Board) and the hearing officer.
Further, this legislation requires the Board to review an appeal and notify the taxpayer if there are no changes or corrections in the valuation or decision. This legislation grants the Board discretion to extend the time period to make a property value determination. Failure to notify the taxpayer of this extension or failure to appoint a hearing officer or schedule a hearing results in the use of the most recent property tax valuation. Lastly, this legislation increases the compensation for hearing officer's first hour from $75.00 to $100.00, and allows the parties to determine scheduling of the settlement conference as long as notice is given.
House Bill 658 Cobb County Hotel-Motel Tax Sunset Extension Sponsors: Senator Tippins of the 27th andRepresentative Ehrhart of the 36th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 324) Under current law, a Cobb County may levy an excise tax on rooms, lodgings, and accommodations at a rate of 8% until December 31, 2028. This bill extends the sunset provision, allowing this tax to be levied until December 31, 2053.
House Bill 661 Revise Provisions Relating to Tax Liens Issued by the DOR Sponsors: Senator Ligon of the 3rd and Representative Williamson of the 115th Effective Date: Upon Governor's Approval (Signed on February 20, 2018; Act 283) Under current law, the Department of Revenue may issue a certificate of clearance verifying a taxpayer has no enforceable recorded state tax liens. This bill eliminates the DOR certificate of clearance and all references within the code. Under current law, tax executions issued by DOR attach to all property within Georgia belonging to the delinquent taxpayer, regardless of filing location. This bill eliminates attachment of state tax liens to individual's property statewide, instead the tax lien and releases must be filed in the superior court of the county where the property is located. The bill additionally restricts DOR to file an execution within five years of the date of a final assessment. Executions filed, or renewed, after January 1, 2018 will still expire ten years from the date of filing and may not be renewed.
House Bill 696 High-Technology Data Center Tax Exemption Sponsors: Senator Gooch of the 51st and Representative Kelley of the 16th Effective Date: January 1, 2019 (Signed on May 7, 2018; Act 421) This bill provides a sales and use tax exemption for high-technology data center equipment that will be used in a high-technology data center within the state. The Commissioner of the Department of Revenue will issue a certificate entitling a Center to the exemption if they post a valid bond not to exceed $20 million, will likely create 20 new quality jobs, and will likely meet a minimum aggregate expenditure threshold based on the population of the county they are located within a seven year period. If the Commissioner determines the Center has failed to meet these qualifications within seven years, the Center will be required to repay all taxes exempted under this provision from the provided bond. This sales and use tax exemption automatically sunsets on January 1, 2029
House Bill 697 Nonprofit Health Center Sales and Use Tax Exemption Extension Sponsors: Senator Black of the 8th and Representative Taylor of the 173rd Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 369) Under current law, there is an exemption to state sales and use taxes for to nonprofit health centers and nonprofit volunteer health clinics. These sales and use tax exemptions are set to sunset on June 30, 2018. This bill would extend the sunset date for both of these tax exemptions to June 30, 2019.
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House Bill 729 Repeals Outdated Ad Valorem Language Sponsors: Senator Albers of the 56th and Representative Harrell of the 106th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 334) The state ad valorem tax on real and personal property was gradually phased out over a five-year until, starting in 2016 there has been no state ad valorem tax. This bill repeals the outdated provision gradually phasing out the state ad valorem tax allowing this language to no longer be printed on property tax bills. The bill also adds a provision stating that intangible recording taxes do not need to be paid on a transferred instrument when the taxes were previously paid on the indebtedness. Any additional indebtedness added to a transferred instruments is still subject to tax.
House Bill 735 Storm Water Fees Exemption; Class III Railroad Tax Credit; Carpet Tax Credit Sponsors: Senator Gooch of the 51st and Representative Bentley of the 139th Effective Date: Class II Railroad and Carpet Tax Credit effective upon Signature, Storm Water Fee Exemption effective July 1, 2018 (Signed on May 8, 2018; Act 476) This bill exempts rail line land from local fees imposed for the management, collection, or disposal of storm water. This bill provides Class III railroads with an income tax credit for the cost of fifty percent of their qualified railroad track maintenance in a given year. The tax credit cannot exceed $3,500 per railroad track mile per year and is only allowed to be used once for each mile of railroad track in a year. This bill provides a tax credit for employers that operate a facility that recycles post-consumer waste into polyester bulk continuous filament fibers (carpet). The Commissioner of the Department of Revenue will certify an employer is eligible for this tax credit if they will purchase or acquire $20 million of qualified investment property and create 25 new, full-time jobs in the state.
House Bill 749 Military Retirement Income Tax Sponsors: Senator Albers of the 56th and Representative Blackmon of the 146th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 370) Current law provides for exclusion from taxable income for retirement income otherwise subject to state income tax. This bill clarifies that income from military retirement will be included as retirement income. This bill also adds a provision excluding income a surviving family member receives based on the service record of a deceased veteran from Georgia taxable net income.
House Bill 793 Aquarium and Museum Tax Exemption Sponsors: Senator B. Thompson of the 14th and Representative LaRiccia of the 169th Effective Date: Upon Governor's Approval (Signed on May 8, 2018; Act 550) This bill extends the sales and use tax exemption for tangible property used in the renovation or expansion of an aquarium that charges admission and is owned or operated by a 501(c)(3) organization. The bill extends the exemption to January 1, 2022 or until the aggregate tax exempted reaches $4.5 million. The bill also provides a sales and use tax exemption for property used in the construction of a museum that is owned or operated by a 501(c)(3) organization and celebrates the diverse heritage of automobiles.
House Bill 811 Tax Information for Data Analytics Services Sponsors: Senator Hufstetler of the 52nd and Representative Powell of the 171st Effective Date: Upon Governor's Approval (Signed on May 3, 2018; Act 372) This bill allows DOR to contract to share tax information with businesses in the state licensed to perform data analytics services to assist in the identification of taxpayers that are not in compliance with state sales and use taxes. These contracts will last for no more than three years and compensation will be based on attributable tax collections. The Department of Revenue will make all contact with taxpayers resulting from these services.
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House Bill 816 Department of Revenue Fingerprinting and Criminal Record Check Sponsors: Senator Hufstetler of the 52nd and Representative Gravley of the 67th Effective Date: Upon Governor's Approval (Signed on May 3, 2018; Act 345) This bill authorizes the Department of Revenue to perform fingerprinting and criminal record checks in compliance with federal law. DOR is authorized to conduct these services on all prospective employees, all employees of prospective contractors, and any current DOR employees or employees of contractors who have not had a criminal background check in the previous ten years. DOR may use the information only for verifying identification and in the official determination of the fitness for initial or continuing employment and access to legally protected information.
House Bill 820 Homestead Ad Valorem Exemption Sponsors: Senator Millar of the 40th and Representative Beskin of the 54th Effective Date: January 1, 2019 provided approval of Governor and ballot question (Signed on May 3, 2018; Act 346) This bill provides a new homestead exemption from ad valorem taxes for municipal purposes for property within the city of Atlanta. The homestead will be exempt from ad valorem taxes for municipal purposes equal to the amount which the current year assessed value exceeds the adjusted base year value of the homestead. Adjusted base year value is the previous adjusted base year value adjusted annually by 2.6% plus any change in homestead value, provided that no such change is duplicated for the same addition or improvement. The exemption granted will be in addition to any other homestead exemption for ad valorem taxes for municipal purposes except that it will be in lieu of any other base year assessed value or adjusted base value homestead exemptions provided by local Act.
House Bill 849 Partnership Income Tax Sponsors: Senator Hufstetler of the 52nd and Representative Peake of the 141st Effective Date: Upon Governor's Approval (Signed on May 3, 2018; Act 381) This bill adds numerous provisions relating to the filing of income tax for partnerships and passthrough entities. The bill models changes made at the federal level and allows the audit process to interact directly with the partnership entity opposed to the individual partners. The bill creates a State Partnership Representative and allows this representative to act as the sole authority for the partnership concerning audits. The bill adds provisions providing options and instructions for partnerships in the case of an audit and provides for applicable time periods.
House Bill 871 Manufactured Homes Sales and Use Tax Exemption Sponsors: Senator Brass of the 28th and Representative LaRiccia of the 169th Effective Date: July 1, 2018 (Signed on May 7, 2018; Act 432) This bill provides a sales tax exemption for 50% of a manufactured home's state sales tax, if the home will be converted into real property within thirty days of the sale. A home will be eligible for the exemption if it is designed to be used as a dwelling, is transportable in more than one section, contains plumbing, heating, air conditioning, and electrical systems, and is designed to have an angled roof and an area of at least 650 square feet. Within 30 days following the sale the owner must complete all requirements to obtain a Certificate of Permanent Location.
House Bill 888 Freeport Tax Exemption Reporting Sponsors: Senator Brass of the 28th and Representative Knight of the 130th Effective Date: Upon Governor's Approval (Signed on May 8, 2018; Act 492) This bill makes revisions relating to the reporting of the Freeport tax exemption. The bill clarifies that clerical errors will not result in an application being considered improperly filed and allows property held by the taxpayer's agent to be eligible for the exemption. The bill also clarifies that substantial assembly of finished parts is considered substantial modification. The bill adds a provision allowing the postal meter date to serve as the filing date for documents in the application for the Freeport tax exemption.
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House Bill 918 Annual Update and Revision of Taxation Code Sponsors: Senator Martin of the 9th and Representative Efstration of the 104th Effective Date: Upon Governor's Approval (Signed on March 2, 2018; Act 284); Title Ad Valorem Tax Becomes Effective on July 1, 2018 This bill provides for the annual Internal Revenue Code update for tax years 2017 and 2018. Under current law, the top personal income tax rate and corporate income tax rate are 6%. This bill reduces both rates to 5.75% in 2019. Both rates are again reduced in 2020 to 5.50% if a joint resolution is passed by both chambers of the General Assembly and signed by the Governor. This bill also doubles the standard deduction allowable for every personal income filing status. The bill adds a provision stating there will be no title ad valorem tax imposed to obtain a replacement title if the vehicle is less than 15 years old, a sufficient proof is provided that the title no longer exists. This provision will become effective July 1, 2018.
House Bill 929 Additional Renewals of MOST Tax Sponsors: Senator Miller of the 49th and Representative Efstration of the 104th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 394) Under current law, a municipality may impose the water and sewer projects and costs tax (MOST) following a referendum where the tax is approved by the voters. A municipality may not impose more than the single 1% MOST at any time, but a municipality may elect to adopt a resolution or ordinance for the re-imposition of the MOST while the tax is still in effect. A municipality is limited to reimposing the MOST a maximum of three times and must conduct a referendum each time the tax is re-imposed. This bill increases the number of times a municipality may re-impose the MOST to a maximum of six times.
House Resolution 51 Valuation of Forest Land Conservation Use Property Constitutional Amendment Sponsors: Senator Black of the 8th and Representative Powell of the 171st Effective Date: Upon Ratification of November 2018 Ballot (Signed on May 2, 2018; Act 297) This resolution is the corresponding proposal for a constitutional amendment to House Bill 85. Under the current version of the Georgia Constitution, forest land tracts of at least 200 acres can be classified as forest land conservation use property. This property is then valued based on its current use, annual productivity, and real property sales data. Local counties are provided assistance grants to offset the revenue lost from this program based on the land's fair market value in 2008. This resolution revises the provision on calculating revenue reduction for local governments to use fair market value of the property in 2016, updated every three years. The resolution also allows the value of the assistance grants to be increased by general law between 2019 and 2023. The resolution allows the General Assembly to classify separately, real property used for producing trees for timber commercial use. The value of this qualified timberland property will be at least 175% of the property's forest land conservation use value.
HEALTH & HUMAN SERVICES
Senate Bill 364 Anesthesiologist Assistants Sponsor: Senator Hufstetler of the 52nd Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 354) Under current law, a primary supervising physician may not have more than four physician assistants licensed to him or her at any given time. This bill creates an exception for physician assistants who have completed a board approved anesthesiologist assistant program. Under this exception, a primary supervising physician can have up to eight physician assistants licensed to him or her at any given time. This bill does not change or increase the number of physician assistants that a physician can supervise at any one time.
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Senate Bill 370 Estate of a Medicaid Recipient Sponsor: Senator Wilkinson of the 50th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 355) Under current law, the Department of Community Health (DCH) may make a claim against the estate of a Medicaid recipient for the amount of any medical assistance payment made on such person's behalf by the DCH. This bill requires the Commissioner to waive any claim against the first $25,000 of any estate. The DCH must submit an amendment to the state plan to the U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services by July 1, 2018. If the amendment is not approved, this subsection will stand repealed.
Senate Bill 382 Department of Public Health Guidance on Injectables Training Programs Sponsor: Senator Martin of the 9th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 357) Under current law, a doctor of optometry may administer pharmaceutical agents by injection if he or she holds a current license issued by the State Board of Optometry (Board) or certificate of registration and can provide evidence of successful completion of a credentialed injectables training program or is currently enrolled in a credentialed injectables training program and under the direct supervision of a physician board certified in ophthalmology. This bill would require the Department of Public Health to provide guidance on injectables training programs to ensure that the necessary, appropriate curriculum is in place.
Senate Bill 422 Pharmacists Performing Screening or Monitoring Tests Sponsor: Senator Unterman of the 45th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 404) Current law requires clinical laboratories to be operated under a license. There is an exception when pharmacists who are performing capillary blood tests and interpreting results to screen for or monitor disease risk factors. This bill amends this exception for pharmacists to allow them to perform tests and interpret the results to screen for or monitor disease risk factors or drug use. This `test' can be any test that is available to and for use by the public.
Senate Bill 444 Senator Thorborn `Ross' Tolleson, Jr. Act Sponsor: Senator Unterman of the 45th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 469) This bill creates the Georgia Alzheimer's and Related Dementias State Plan Advisory Council that will consist of 17 members. The Council will serve in an advisory capacity to the Governor, General Assembly, and state agencies on matters relating to the Georgia Alzheimer's and Related Dementias State Plan.
Senate Resolution 865 State of Georgia Council on Respiratory Health Promotion Sponsor: Senator Millar of the 40th This resolution encourages the Department of Public Health (DPH) to create a State Council on Respiratory Health Promotion (Council). The Council should be composed of eight members: seven citizen members and one member from the DPH. The Council should address issues affecting health promotion services in the state including, but not limited to: professional and patient education, successful respiratory disease education strategies, and screening services. In addition, the Council should advise the legislature on legislation needed to further develop and maintain services for persons with respiratory disease, assist DPH in establishing a surveillance and intervention program, and implement a state plan for treatment of such disease.
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House Bill 65 Joint Study Commission on Low THC Medical Oil Access and Conditions for Low THC Oil Treatment Sponsors: Senator Brass of the 28th and Representative Peake of the 141st Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 302) This bill creates the Joint Study Commission on Low THC Medical Oil Access to examine in-state access of medical cannabis and low THC oil. This study should include, security and control of all aspects of the process; quality control of all aspects of the manufacturing process; and all aspects of dispensing the final product. Under current law, persons with certain conditions may be authorized by his or her physician to use low THC oil as treatment. This bill expands such conditions to include post-traumatic stress disorder and intractable pain. This bill calls upon the Georgia Composite Medical Board to annually review the conditions that may be treated with low THC oil and make recommendations annually on expansion for additional conditions.
House Bill 513 Safe Place for Newborns Sign Sponsors: Senator Strickland of the 17th and Representative Dickerson of the 113th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 317) Under current law, a mother is not subject to criminal prosecution for certain offenses if she leaves her newborn child in the physical custody of an employee of a medical facility, fire station, or police station. This bill requires the Department of Human Services (DHS) to create and post signs at such locations, indicating where a mother may leave her newborn child to avoid criminal prosecution.
House Bill 635 Adult Abuse, Neglect, and Exploitation Multidisciplinary Teams Sponsors: Senator Unterman of the 45th and Representative Cooper of the 43rd Effective Date: July 1, 2018 (Signed on May 7, 2018; Act 418) This bill authorizes district attorneys for each judicial circuit to establish an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team, to coordinate on the investigation of unlicensed personal care homes and suspected instances of abuse, neglect, or exploitation of disabled adults or elder persons. The Team should be composed of representatives from the judicial circuit including, but not limited to, the following suggested areas: Georgia Bureau of Investigation (GBI), Adult Protective Services, and the Healthcare Facility Regulation Division of the Department of Community Health. The district attorney must create a memorandum of understanding (MOU) that describes the Team's methods of operation and confidentiality requirements and must be signed by each member. A member may disclose information to certain persons or government entities, as outlined in the MOU, but may not disclose any information on investigations to third parties. By March 1 of each year, the Team must report to the GBI and Commissioner of Human Services the prevalence and circumstances of abuse, recommendations for reducing such crimes, how many investigations occurred, how many led to criminal prosecution, and whether any policy, procedural, regulatory, or statutory changes are called for. Members of the Team are immune from civil liability or criminal prosecution related to the investigation of a report of abuse unless such person acted in bad faith, malicious purpose, or was a party to the crime. This bill also clarifies which parties are permitted access to records of abuse.
House Bill 701 Drug Testing for State Employment Sponsors: Senator Watson of the 1st and Representative Tanner of the 9th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 329) Under current law, state agencies are authorized to drug test for marijuana/cannabinoids (THC), cocaine, amphetamines/methamphetamines, opiates, and phencyclidine (PCP) for certain applicants for state employment. This bill extends the drugs that can be tested to include opioids, opioid analgesics, and opioid derivatives.
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House Bill 769 House Rural Development Council Recommendations Sponsors: Senator Burke of the 11th and Representative Jasperse of the 11th Effective Date: July 1, 2018 (unless described below) (Signed on May 2, 2018; Act 299) This bill establishes the Rural Health System Innovation Center to serve as a research organization utilizing academic, public health policy, data, and workforce resources to develop new approaches for financing and delivering health care. The Center must develop education for rural hospital leadership on legal, fiduciary, grant management, planning, and compliance training. Rural hospitals CEO, CFO, board members, and hospital authority members must complete the program or are subject to certain penalties. This bill creates an exemption to the certificate of need requirement for the purchase of a closing hospital, or a hospital closed for no more than one year, by a hospital in a contiguous county to repurpose as a micro-hospital. This bill establishes a medical malpractice insurance premium assistance grant program for physicians practicing in a medically underserved rural area.
Under current law, individuals are allowed a tax credit up to 90 percent of the actual amount donated to a rural hospital organization. This bill increases that amount, so individuals can receive a credit for the full amount expended. Under current law, a remote order entry means an entry made by a pharmacist who is located within the State but is issued from a remote location indicating they have approved the drug order for a hospital patient. This bill calls upon DCH to take all reasonable steps to streamline and expedite the credentialing and billing process for state medical plans. This bill in Section 1 expands the definition so the pharmacist is not required to be located within the state and becomes effective January 1, 2019. Under this bill, Section 3A becomes effective on July 1, 2018 only if SB 357 is signed into law, which creates the Health Coordination and Innovation Council. Section 3B becomes effective July 1, 2018 only if SB 357 is not signed into law. The only difference between these sections is that Section 3A requires the Rural Health System Innovation Center to report to the Health Coordination and Innovation Council, where Section 3B does not require such reporting.
House Bill 803 Trafficking of a Disabled Adult Sponsors: Senator Kirkpatrick of the 32nd and Representative Willard of the 51st Effective Date: July 1, 2018 (Signed on May 7, 2018; Act 419) This bill creates an offense of trafficking a disabled adult, elder person, or resident by means of deception, coercion, exploitation, or isolation to knowingly recruit, harbor, transport, provide, or obtain such individual for the purpose of appropriating their resources for personal gain. Such offense is a felony, punishable by imprisonment between 1 and 20 years and/or a fine up to $100,000. Failure to deliver benefits or perform services alone does not constitute a violation. This violation does not apply to physicians, hospitals, hospices, long-term care facilities, or their agents when acting in good faith in the scope of employment, accordance with a living will, or other documents including, but not limited to: durable power of attorney for health care, an advance directive for health care, or order not to resuscitate.
House Bill 844 Georgia Commission on Hearing Impaired and Deaf Persons Sponsors: Senator Martin of the 9th and Representative Houston of the 170th Effective Date: Upon Governor's Approval (Signed on May 8, 2018; Act 462) This bill renames the Georgia Commission on Hearing Impaired and Deaf Persons to the Georgia Commission for the Deaf or Hard of Hearing and increases its membership from seven to twelve members, ten of which are to be appointed by the Governor. The bill also creates the multiagency task force, which will responsible for making recommendations to the General Assembly on improvements to the education system to support literacy proficiency of deaf individuals and provide developmental milestones from birth to 3rd grade. Finally, the bill creates the stakeholder advisory committee to provide information and guidance to the task force.
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House Bill 909 Designation of Perinatal Facilities Sponsors: Senator Hufstetler of the 52nd and Representative Silcox of the 52nd Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 392) This bill requires the Department of Public Health (DPH) to establish a procedure by which a perinatal facility may request approval as a designated facility, which has achieved a particular maternal or neonatal level of care. The DPH must also establish criteria for levels of maternal and neonatal care, which may include data collection and reporting, arrangement for patient transportation, and protocols for coordination with and referral of patients to and from other health care facilities. In establishing such criteria, the DPH must conduct public comment hearings, solicit the views of medical providers, and give due consideration to the current recommendations of medical and scientific organizations in the field of perinatal medicine A perinatal facility seeking approval as a designated facility may apply to the DPH, demonstrating that it meets the applicable criteria for the requested level of care. The DPH may suspend or revoke the designation of designated facilities if such facilities are found in noncompliance. On or before December 31, 2019, the DPH must post and annually update a list of designated facilities on its website.
House Bill 920 Information Concerning Parties to an Adoption Sponsors: Senator Millar of the 40th and Representative Dempsey of the 13th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 473) This bill allows the Department of Human Services (DHS) access to information concerning the parties of an adoption in certain circumstances, per the approval of the Director of the Division of Family and Children Services. In the event the child dies, suffers a near fatality, or is an alleged victim of abuse or neglect following the completion of the adoption, any information concerning an adopted child, the child's biological parents, or the child's adoptive parents may be used by DHS. Such information may also be disclosed to the Office of the Child Advocate for the Protection of Children, but is not otherwise subject to disclosure under public records provisions.
Notes: HB 782 Information Sharing Relating to the Prescription Drug Monitoring Program HB 782, carried by Sen. Kirkpatrick in the Senate in 2018, relates to the prescription drug monitoring program (PDMP) database and reached final passage under SB 407 (see below under Judiciary). This gives Department of Public Health (DPH) the authority to share prescription information with a PDMP operated by another state or electronic health record system operated by a prescriber or health care facility, provided the program or system contains safeguards that meet security requirements of DPH.
HB 972 - Extended Youth Care Services DFCS; Information Provided upon DFCS Placement of a Child This bill was carried by Sen. Kirkpatrick and reached final passage under HB 906 (see below under Judiciary). It allows the Division of Family and Children Services (DFCS) to offer extended care youth services to individuals 18-21 years of age under certain circumstances; and requires certain information to be provided to a caregiver, foster parent, preadoptive parent, or relative by DFCS upon placement of a child.
HIGHER EDUCATION
Senate Bill 82 Residency Requirements for the HOPE Scholarship Sponsor: Senator Jackson of the 2nd Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 558) Currently, active duty service members, their spouse, or dependent children are considered legal residents of Georgia for the purpose of HOPE scholarship eligibility. This bill classifies Georgia National Guard members and Reservists as legal residents for the same purpose.
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Senate Bill 331 Georgia Lottery for Education Act Sponsor: Senator Henson of the 41st Effective Date: Upon Governor's Approval (Signed on May 7, 2018; Act 445) Currently, there are no requirements that a corporation keep a prize winner anonymous. This bill requires that the corporation keep all information regarding a winner of $250,000 or more, confidential if such winner makes a written request to keep such information confidential.
Senate Bill 339 Freedom of Expression Policies for Institutions of Higher Learning Sponsor: Senator Ligon of the 3rd Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 557) This bill requires the Board of Regents (BOR) to adopt regulations and policies relating to the freedom of expression on college campuses. Such policies must assure that the freedom of expression is protected for all persons and establish a range of disciplinary sanctions. Also, this bill requires the BOR to report to the Governor and the General Assembly any barriers to or disruptions of free expression, administrative response and discipline, and other requirements provided for in the bill.
Senate Bill 377 Transfer of the State Workforce Development Board Sponsor: Senator Strickland of the 17th Effective Date: Upon Governor's Approval (Signed on March 21, 2018; Act 289) Currently the State Workforce Development Board (Board) is housed under the Department of Economic Development. This bill transfers the Board to Technical College System of Georgia (TCSG) and gives TCSG the power to administer all programs and funds. The Board is authorized to develop and facilitate workforce programs around the State.
Note: SB 405 - Student Grant Program SB 405, sponsored by Senator Millar, reached final passage under HB 787 (see above under Education & Youth). This legislation awards grants for postsecondary education to students whose family income is considered economically disadvantaged and who meets academic and other standards established by the Georgia Student Finance Commission. Grants to eligible students would be $1,500.00 per academic semester and are contingent upon appropriations by the General Assembly. In order to remain eligible to receive such grant, a student must be employed at least 15 hours per week during the semester and maintain a 2.3 grade point average.
House Bill 432 Tuition Equalization Grants for Nonproprietary Private Colleges and Universities Sponsors: Senator Butler of the 55th and Representative Dubnik of the 29th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 314) In current law, there is a provision that grandfathers in proprietary institutions that were accredited by a regional accrediting agency and deemed an approved school prior to the requirement that schools must be accredited by the Southern Association of Colleges and Schools (SACS). This legislation allows for any not for profit institution that was previously a for profit institution and was deemed `approved' by the grandfathering clause within the last 5 years to be considered an approved school for tuition equalization purposes.
House Bill 448 Exemption Qualifications with the Nonpublic Postsecondary Education Commission Sponsors: Senator Martin of the 9th and Representative C. Williams of the 119th Effective Date: Upon Governor's Approval (Signed on May 7, 2018; Act 443) The Nonpublic Postsecondary Education Commission (NPEC) regulates for profit universities in the State of Georgia. This legislation amends which schools are exempted from this regulation. It provides that any nonpublic law school accredited by the American Bar Association (ABA) whose principal office and campus are located in the State and any institution that is accredited by the Southern Association of Colleges and Schools (SACS), which operates in a proprietary status, or was previously exempt from
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NPEC regulation as a proprietary institution but has subsequently changed to operate in a nonprofit status are exempt or continue to be exempted from the NPEC regulation.
Also, this legislation outlines the membership for NPEC and changes the structure of the membership from appointment of 15 members from each congressional districts to at least one member appointed to represent (1) the degree granting nonpublic postsecondary institutions, (2) the nonpublic postsecondary schools that grant certificates, and (3) the exempt postsecondary institutions.
NPEC designates who sits on the Tuition Guaranty Trust Fund Board (Board). Current law requires one member of the Board to be a representative of a nonpublic, non-degree granting postsecondary institution and one member represents a nonpublic degree-granting institution. This legislation removes these requirements and requires two members of the Board represent postsecondary educational institutions.
INSURANCE & LABOR
Senate Bill 118 Expands Coverage for Autism Spectrum Disorders (ASD) Sponsor: Senator Unterman of the 45th Effective Date: January 1, 2019 (Signed on May 8, 2018; Act 479) Current law requires health insurance policies to provide at least $30,000 of annual coverage for applied behavioral analysis (ABA) therapy for children six years of age and younger when treating autism spectrum disorders (ASD).
This legislation increases the cap on the annual monetary coverage to $35,000 while expanding coverage to individuals 20 years of age and younger. The bill also provides for more flexibility when prescribing drugs to treat ASDs. Finally, the bill clarifies that coverage for ABA must be provided when it is determined by the covering entity that the treatment is medically necessary according to established criteria.
Senate Bill 350 Notice Requirements to Policyholders Sponsor: Senator Walker III of the 20th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 353) Current law requires insurance institutions and agents to provide to all policyholders a notice of information practices when an insurance policy is renewed. However, no such notice is required if: Personal information is collected only from the policyholder or from public records; or A notice has already been given within the previous 24 months.
This legislation repeals the 24-month exception and instead provides that no notice is required if: 1. Nonpublic personal information is provided to nonaffiliated third parties only, in accordance with
Chapter 39 of Title 33 relating to the collection, use, and disclosure of information gathered by insurance institutions; and 2. The insurance institution's or agent's information collection or sharing practices have not changed since the last notice of information practices was given to the policy holder.
Senate Bill 381 Domestic Surplus Lines Insurers Sponsor: Senator Thompson of the 14th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 448) This legislation allows nonadmitted insurers that are domiciled in Georgia to operate as a domestic surplus lines insurer if certain conditions are met. Surplus lines insurance protects against a financial risk that is too high for a regular insurance company to take on.
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Senate Resolution 1058 TRICARE and Medicaid Sponsor: Senator Anderson of the 43rd This legislation urges Congress to propose a resolution between CMS and TRICARE to immediately restore data sharing and to waive a one-year timely filing restriction for all claims caught in this stoppage.
It is estimated that nearly 1 in 10 veterans, or 1.75 million, have Medicaid coverage in addition to their TRICARE benefits. For individuals who have both TRICARE and Medicaid, TRICARE must pay primary. In early 2017, TRICARE ceased its support for a data-match process in which states provided Medicaid eligibility information to TRICARE to identify those members who have both TRICARE and Medicaid. Under this date-match process, TRICARE provided information back to the states about those individuals who had both TRICARE and Medicaid. This cross-match process was governed by an agreement between CMS and TRICARE, but the agreement has expired and the parties were unable to reestablish terms coordinating benefits between the two programs. It is estimated that 4.6 percent of TRICARE beneficiaries are located in Georgia, or approximately 432,055 uniformed service members and their families, and that Georgia could be responsible for roughly $3.22 million if this issue is not resolved.
House Bill 64 Protection and Guarantee of Service for Health Insurance Consumers Act Sponsors: Senator Martin of the 9th and Representative Blackmon of the 146th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 549) This legislation requires health insurers that issue health plans through an agent to pay a commission to each agent. The commission must not be structured in a way that discriminates in the amount of compensation paid to the agent between the sale of a group plan and the sale of an individual plan. The commission must be structured to compensate each agent for the first term and for each renewal term, as long as the agent reviews coverage and provides ongoing customer service for the plan. However, no compensation is required for any individual plan sold during a special enrollment period. Further, this legislation does not apply to agents who are employed directly by an insurer.
House Bill 592 Insurance Compliance Self-Evaluative Audits Sponsors: Senator B. Thompson of the 14th and Representative Lumsden of the 12th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 555) Current law allows insurers to conduct self-evaluative audits in an effort to ensure that they are in compliance with various laws, and to not penalize the insurer for efforts to maintain compliance with such laws. In doing so, this statute makes documents from the insurance compliance self-evaluative audit privileged information that are not admissible as evidence in any legal action of any civil, criminal, or administrative proceeding.
This protection currently applies to self-evaluative audits completed before June 30, 2018, but will not apply to any such audits completed on or after July 1, 2018, unless authorized by the General Assembly prior to that date. This legislation repeals this sunset provision, thus making this protection permanent.
House Bill 760 Insurance Renewals Reduction in Coverage Sponsors: Senator B. Thompson of the 14th and Representative Lumsden of the 12th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 336) Under current law, a renewal of an automobile, motorcycle, or homeowner's insurance policy cannot provide less coverage than what was contained in the superseded policy. This legislation allows such policies to be renewed with a reduction in coverage when an insurer provides a written notice of a reduction in coverage to the insured at least 30 days prior to the effective date of the proposed reduction in coverage. For all other forms of insurance, the notice must be delivered at least 45 days prior to the reduction's effective date. The notice must be delivered in accordance with current law, in person, or by at least first-class mail-return receipt to the last address of record of the insured. The notice must
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be printed in all capital letters in a separate document entitled 'NOTICE OF REDUCTION IN COVERAGE.'
For the purposes of this legislation, a "reduction in coverage" means a change made by the insurer which results in a removal of coverage, diminution in scope or less coverage, or the addition of an exclusion. A reduction does not include any change, reduction, or elimination of coverage made at the request of the insured. The correction of typographical or scrivener's errors or the application of mandated legislative changes is also not considered a reduction in coverage.
House Bill 818 Health Insurance Plans Method of Reimbursement Sponsors: Senator Mullis of the 53rd and Representative Hawkins of the 27th Effective Date: January 1, 2019 (Signed on May 8, 2018; Act 551) This legislation prohibits health insurance contracts between a health insurer, its contracted vendor, or a care management organization (hereinafter referred to as "insurer") and a healthcare provider from containing restrictions on methods of payment from the insurer to the healthcare provider in which the only acceptable payment method is a credit card payment.
House Bill 878 Cancellation of Insurance Policies Sponsors: Senator Harbin of the 16th and Representative Clark of the 147th Effective Date: July 1, 2018 (Signed on May 7, 2018; Act 433) Under current law, an insured may request cancellation of an existing insurance policy by returning the original policy to the insurer or by written request. This legislation allows the insured to also request a cancellation verbally or electronically. If the policy is cancelled verbally, the insurer must provide the insured with an electronic or written confirmation of the cancellation within 10 days. The insurer must also document in its policy file the request for cancellation along with the date of the request. Finally, the bill allows the insurer to require the insured to provide written, electronic, or other recorded verification of the request for cancellation prior to the cancellation taking effect.
House Bill 938 Limited Credit Insurance Agency License Sponsors: Senator B. Jones of the 25th and Representative Taylor of the 173rd Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 553) This legislation allows any business entity that sells lines or sublines of credit insurance to apply to the Insurance Commissioner for a limited credit insurance agency license in lieu of requiring individual employees to obtain a limited credit insurance license. A limited credit insurance agency license authorizes any employee of a limited licensee to act individually on behalf and under the supervision of the limited licensee with respect to selling credit insurance. Limited credit insurance agency licenses will renew biennially on December 31st of the applicable renewal year, upon application for renewal.
INTERSTATE COOPERATION
House Bill 777 The Historic Chattahoochee Compact Repealed Sponsors: Senator Harbison of the 15th and Representative Greene of the 151st Effective Date: July 1, 2018 (Signed on March 29, 2018; Act 293) This legislation repeals the Historic Chattahoochee Compact. The purpose of this Compact is to promote the cooperative development of the Chattahoochee Valley's full potential for historic preservation and tourism by establishing a joint interstate authority, known as the Historic Chattahoochee Commission, to assist in these efforts. The Commission promotes tourism and historic preservation throughout the Lower Chattahoochee River Valley. A bi-state agency of Alabama and Georgia, the Commission focuses on eighteen counties along the lower Chattahoochee River.
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JUDICIARY
Senate Bill 127 Marsy's Law; Motion to Assert Victim's Rights in Criminal Cases Sponsor: Senator Kennedy of the 18th Effective Date: January 1, 2019; Contingent Upon Passage of CA in SR 146 (Signed on May 8, 2018; Act 468) Allows a victim to file a motion to be heard in a criminal case to assert his or her rights as provided
for in the Crime Victims' Bill of Rights; and Provides for applicable procedure relative to filing such motion.
Senate Bill 131 Stay of adoption proceedings during a pending appeal; Waiver of Right to Counsel Sponsor: Senator Tillery of the 19th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 474) Provides that adoption proceedings be stayed while an appeal of an order to terminate parental
rights is pending; Clarifies the court's duties during an adoption case while an appeal is pending; Provides that excluding children, waiving one's right to counsel prior to any hearing must be done
knowingly, voluntarily, and on the record; and Provides that a child may waive his or her right to counsel at arraignment, provided that the
waiver is made knowingly, voluntarily, and on the record.
Senate Bill 194 Earnings Subject to Garnishment Proceedings; Service of Documents; Evidence Rules Sponsor: Senator Stone of the 23rd Effective Date: Upon Governor's Approval (Signed on May 8, 2018; Act 459) Maximum Amount Subject to Garnishment Current law provides the maximum part of disposable earnings subject to garnishment is the lesser of twenty-five percent of weekly earnings or the amount that exceeds $217.00. In the case of earnings for a period other than a week, a multiple of $7.25 per hour is used.
This bill increases the floor amount to $217.50 and specifies that, in earning periods other than a week, a proportionate fraction or a multiple of thirty hours per week at $7.25 per hour must be used.
Service of Required Documents Current law states that service of required documents in a garnishment proceeding should be sent to the defendant by regular mail at the address where the defendant was served on the return of service in the action resulting in the judgment.
This legislation provides that the required documents should be sent to the defendant by regular mail at the address at which the defendant accepted service in the action resulting in the judgment, identified as his or her residence in any pleading in the action resulting in the judgment.
Introduction of Evidence (Defendants and Third-Party Claimants) Further, this bill prohibits the defendant from presenting evidence, making an argument, or prevailing on a claim that money or other property in a garnishment may be subject to a claim by a third-party. Likewise, a third-party claimant is prohibited from presenting evidence, making an argument, or prevailing on any claim when a claim of exemption or defense to a garnishment proceeding belongs to a defendant.
Senate Bill 301 Revised Uniform Fiduciary Access to Digital Assets Act Sponsor: Senator Kennedy of the 18th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 560) Extends fiduciary powers to include management of digital assets and electronic communications;
and
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Provides custodians of digital assets and electronic communications legal authority to deal with the fiduciaries of their users.
Senate Bill 321 Increased Civil Penalties for Fraudulent Medicaid Claims Sponsor: Senator Tillery of the 19th Effective Date: Upon Governor's Approval (Signed on May 3, 2018; Act 352) Under current law, any person who knowingly makes a false or fraudulent Medicaid claim is liable to the State of Georgia for a civil penalty from a minimum of $5,500 to a maximum of $11,000 for each false or fraudulent claim, plus three times the amount of damages sustained by the Georgia Medicaid program because of the false or fraudulent act. This legislation increases this civil penalty from a minimum of $11,181 to a maximum of $22,363, rather than from the current $5,500 to $11,000 range.
Senate Bill 336 GBI Investigations; Notice of subpoena Sponsor: Senator Unterman of the 45th Effective Date: July 1, 2018 (Signed on May 6, 2018; Act 441) Current law provides that in any investigation involving certain offenses, GBI is authorized to issue a subpoena to compel the production of electronic or remote communication service records pertaining to a subscriber or customer of such service. This legislation prohibits an electronic service provider from providing notice of such subpoena to the subscriber or customer of the service.
Further, current law provides that in any investigation involving trafficking of persons for labor or sexual servitude, GBI is authorized to issue a subpoena to compel the production of books, papers, documents, or other tangible things within, or generated by, an electronic device. This bill prohibits an electronic service provider from providing notice of the subpoena to the subscriber or customer of the service.
The House Substitute added language to allow the Georgia Crime Information Center (GCIC) to retain fingerprints of certain individuals under certain circumstances and submit such fingerprints to the FBI; and allow the GBI and FBI to retain fingerprints of potential employees in certain agencies relating to health, education, mental health, and social services participating in the GCIC.
Senate Bill 365 Code Revision Commission Sponsor: Senator Ligon of the 3rd Effective Date: Upon Governor's Approval (Signed on May 8, 2018; Act 562) This legislation makes changes to portions of the Georgia Code that have become obsolete, declared unconstitutional, or have been preempted or superseded by subsequent laws. The following titles are affected by this bill: 3; 4; 7; 9; 10; 15; 16; 17; 20; 21; 22; 25; 26; 31; 33; 35; 36; 38; 40; 42; 43; 44; 45; 48; 49; and 50.
Senate Bill 407 Criminal Justice Reform; Prescription Drug Monitoring; Arrests on TCSG Campuses Sponsor: Senator Strickland of the 17th Effective Date: July 1, 2018 (Signed on May 7, 2018; Act 416) This bill statutorily authorizes and codifies the Governor's Criminal Justice E-filing project and establishes the Criminal Case Data Exchange Board under the Criminal Justice Coordinating Council, among other reforms. The bill improves the parole process and medical care of elder inmates by providing a Medicaid eligibility determination process that would save the state millions in inmate medical expenses. It also acknowledges the public safety interest in having adequate penalties for firearm offense by enhancing penalties for certain gun crimes. Specifically, it increases penalties for the theft of a destructive device or firearm, the use of a firearm with an altered identification mark, the transfer of a firearm to an individual other than the actual buyer, and the possession of firearms by convicted felons and first offender probationers. Second and subsequent offenses are punishable by five to ten years in prison.
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This legislation also contains the language of HB 782, carried by Sen. Kirkpatrick in the Senate in 2018, relating to the prescription drug monitoring program (PDMP) database. This gives Department of Public Health (DPH) the authority to share prescription information with a PDMP operated by another state or electronic health record system operated by a prescriber or health care facility, provided the program or system contains safeguards that meet security requirements of DPH.
The language of SB 348 as it passed the Senate also reached final passage under this legislation. SB 348, sponsored by Sen. Harper in 2018, allows POST-certified police officers employed by technical colleges which are part of the Technical College System of Georgia to perform arrests for crimes committed on campus and within 500 feet of campus on both public and private properties.
Senate Bill 427 Child Support Income Determination Sponsor: Senator Kennedy of the 18th Effective Date: Part I will become effective on July 1, 2018 and Part II will become effective on October 1, 2018. (Signed on May 8, 2018; Act 475) Part I This bill requires the court, in making its final child support determination, to take into account the obligor's earnings, income, other evidence of the ability to pay, and the basic subsistence needs of the parent and child for whom support is provided.
Under current law, if a parent fails to provide reliable evidence of income, the court will determine the income based on a 40 hour workweek, at a minimum wage pay rate. This bill removes the calculation based on a 40 hour workweek at minimum wage and instead requires the court to take into account the specific circumstances of the parent, to the extent they are known. The circumstances considered must include: the parent's assets, residence, employment and earnings history, job skills, education, literacy, age, health, criminal record, employment barriers, record of seeking work, local job market, availability of employers, prevailing earnings in the community, and other relevant background factors. If the parent is incarcerated the court shall not assume an ability for earning capacity based on pre-incarceration wages or other employment related income but that income be imputed by actual income and assets available to such incarcerate.
Under current law, eligibility for or enrollment of the child in Medicaid or PeachCare for Kids does not satisfy the requirement that the child support order provide for the child's health care needs. A child's coverage through these programs does not prevent a court from ordering the parents to obtain other health insurance for the child. This bill changes this provision so that a child's eligibility or enrollment in Medicaid, PeachCare for Kids, or another public health care program does satisfy the child support requirements. However, parents of children eligible for these programs may still be ordered by the court to obtain other health insurance for the child.
Part II Under current law, the Department of Human Services may charge the obligor a federal Deficit Reduction Act of 2005 fee of $25.00 for each case. This bill increases the fee to $35.00 for each case.
Language from HB 654/Child Support Commission update also reached final passage under this bill.
Senate Bill 436 Probate Courts Sponsor: Senator Strickland of the 17th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 405) Training Requirements: The bill removes outdated language regarding the training requirements of new probate judges, specific to probate judges assuming office prior to January 1, 1990 and specific to calendar years 2009 and 2010 only. The bill further amends the training requirements for new probate judges assuming office after January 1, 1990, requiring new judges to complete a new judge orientation
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training course at the first occasion the course is offered. New probate judges must complete and file attendance records for the training course and any additional training prescribed.2
Associate Probate Court Judges: The bill makes the following changes regarding associate probate court judges: Removes references to "full-time" and "part-time" judges; Removes a requirement that the term of employment for associate probate judges run concurrently
with the term of elected probate judges; Removes restrictions on associate judges engaging in any practice of law outside their role as an
associate judge and maintains their ability to serve or offer advice in a role as judge advocate or in any other military role; and Removes language requiring the senior full time associate judge to serve in the event of a vacancy in the office of the judge of probate court.
Bond: This bill increases the amount judges on probate courts must give in bond for the faithful discharge of their duties from $25,000.00 to $100,000.00. It further adds a provision stating the county governing authority shall pay the bond.
Vacancies: This bill removes the requirement that a vacancy of a judge on the probate court be filled by the chief judge of the city or state court. Instead this bill mandates that vacancies be filled through a special election, and establishes a hierarchy to determine who will fill the office prior to a special election. The bill further removes the procedure for filling vacancies in counties where the chief clerk of the probate judge has been appointed and meets the qualifications for the office of the probate judge.
This bill clarifies that in the event of a probate judge is unable to act, the associate judge in order of seniority will exercise the jurisdiction, unless disqualified. If the associate judge is disqualified, then the judge of the probate court may appoint an attorney at law. The bill additionally removes the language allowing sheriffs to act as administrators when the judge of the probate court is also the clerk of the superior court.
Ability to Perform Marriage Ceremonies: This bill removes language requiring a retired probate judge to have served at least twelve years in order to perform marriage ceremonies.
Compensation: This bill removes outdated language regarding the fee system of compensations and removes references to the fee system of compensation in other areas of this code section.
Hours and Calendar: This bill amends the code section related to probate court weekly hours and holidays. The bill requires that the judge of the probate court be open a minimum of 40 hours each week to conduct business. The bill also clarifies that the office of the judge of the probate court is not required to be open on any public holiday, legal holiday, day of rest, any other day recognized by the laws of the state or authority, or any day other county offices are closed for inclement weather or other reason.
Training Council: This bill allows the Council of Probate Judges of Georgia to add up to four additional members from their body at large to the training council. Members will serve two year terms and be allowed to succeed themselves if reappointed.
The House added a Part III relating to the right to offer a will for probate in Title 53 so as to clarify that the "term 'interested person' shall include, but shall not be limited to, any legatee, devisee, creditor of the decedent, purchaser from an heir of the decedent, an administrator appointed for the decedent prior to the discovery of the will, and any individual making a claim under an earlier will.
2 All additional training and courses are prescribed through the Probate Training Council and the Institute of Continuing Judicial Education in Georgia.
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Senate Bill 461 Barbers and Cosmetologists Sponsor: Senator Stone of the 23rd Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 531) Current law provides for the registration and regulation of barbers, beauticians, cosmetologists, estheticians, hair designers, and nail technicians (hereafter referred to as "affected industries"). This bill provides for various amendments to these laws including the removal of a requirement that the Department of Public Health approve regulations of the State Board of Cosmetology and Barbers, which may include rules requiring licensees to undergo instruction on HIV and AIDS. Language was added in the House to clarify that current tattoo laws do not prohibit microblading of the eyebrow.
Senate Resolution 146 Constitutional Amendment; Companion Resolution to SB 127/Marsy's Law Sponsor: Senator Kennedy of the 18th Effective Date: Upon Ratification of November 2018 Ballot Signed on May 8, 2018; Act 467) This resolution proposes that a constitutional amendment be placed on the ballot for consideration by Georgia voters. This proposed amendment would entitle a victim to certain rights when such victim has suffered or been harmed as a result of an attempted or committed criminal or juvenile delinquent act. Further, this amendment requires the General Assembly to provide by general law, how a victim may assert these additional rights. When a victim is a minor, legally incapacitated, or deceased, the victims' rights may be asserted by a family member and the General Assembly must provide how such victims' rights may be asserted. Additionally, the victim may be represented by counsel in a proceeding to enforce these rights. However, neither the state, nor any of its political subdivisions are obligated to appoint such counsel.
Note: HB 825 Death Investigations HB 825, carried by Sen. Burt Jones in the Senate, reached final passage under SB 385 (see above under Agriculture & Consumer Affairs). This bill authorizes the chief medical examiner to inter and disinter unidentified human remains if the examiner determines that information can be obtained or testing can be performed that may result in the identification of such remains after the peace officer in charge has exhausted all identification efforts.
House Bill 121 Changes in Georgia's Laws Regarding Trusts; Rule against Perpetuities Sponsors: Senator Stone of the 23rd and Rep. Efstration of the 104th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 366) This legislation increases the Rule against Perpetuities (RAP) and provides for various changes in regards to trusts. This legislation expands who can represent and bind beneficiaries. This legislation provides for a binding nonjudicial settlement agreement. This legislation amends when a trustee or another person has the power to modify, consolidate, divide, or terminate the trust with or without court approval. This legislation increases the amount of money in the trust from $50,000 to $100,000 to justify termination if the trust property is insufficient to justify the cost of administering the trust.
Currently, a creditor or transferee of a beneficiary cannot compel a trustee to pay any amount when it is payable only in their discretion; this legislation adds that this is the case even when the trust instrument expresses this discretion as a standard of distribution. This legislation provides that distributions made for paying income taxes for trust income are not to be considered distributed for the benefit of the settlor; and that after the death of the settlor's spouse the assets of an inter vivos marital trust is considered to be contributed by the deceased spouse. Further, this legislation grants to trustees of an express trust additional powers, including all power over trust property that an unmarried competent owner would have; all power appropriate to properly invest, manage, and distribute trust property; and to separate the trust principal and income and determine what costs or income to assign to principal or income. It also provides for the creation of trust directors.
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House Bill 159 Adoption Reform & Supporting and Strengthening Families Sponsors: Senator Stone of the 23rd and Rep. Reeves of the 34th Effective Date: Upon Governor's Approval (Signed on March 3, 2018, Act 285) Retains 25 as the qualifying age for unmarried individuals to adopt but provides an exception for
relative adoptions; Updates the path for domestication of a foreign decree of adoption; Provides that an individual signing a surrender of rights has the right to revoke such surrender
within four days; Permits prospective parents to pay a birth parent's medical expenses, counseling services
expenses, and legal fee expenses in both private and agency adoptions; Allows the court, upon a preponderance of evidence, to change a child's date of birth from that
shown on the child's birth certificate; Permits, but does not require, a court to deny a biological father's legitimation petition under
certain circumstances; Requires local school boards to provide employees who are adoptive parents the same benefits as
provided to employees who are biological parents; and Repeals the Care of a Minor Child Act, known as "Grandparents Raising Grandchildren," and
replaces it with a statutory mechanism to provide parents the option of temporarily delegating caregiving authority of a child through a power of attorney (POA) to certain individuals, known as the Supporting and Strengthening Families Act (HB 359 in 2017).
House Bill 190 Prenuptial and Antenuptial Agreements Sponsors: Senator Tillery of the 19th and Rep. Hanson of the 80th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 305) Under current law, marriage contracts or "prenuptial agreements" must be in writing and attested by at least two witnesses, one of which must be a notary public. This bill amends current law to require the same standard for divorce contracts or "antenuptial agreements." Such antenuptial agreements must be liberally construed to carry into effect the intention of the parties. Further, antenuptial agreements may be enforced by a court of equity for: the parties to the marriage; or the offspring of the marriage and their heirs at any time after the death of the spouse, provided that when enforcement occurs for such offspring and their heirs, the court may also enforce in favor of other persons.
This bill removes requirements and sanctions relating to recording or failure to record a marriage contract and voluntary settlements with the office of the clerk of the superior court. It also removes the antiquated term "marriage articles" while retaining "agreements made upon consideration of marriage."
This bill also clarifies that while the marriage of two parties generally releases a debt created prior to the marriage, it in no way releases either party's debt arising from an antenuptial agreement.
House Bill 344 Paternity and Movants in a Child Support Case Requesting a Genetic Test Sponsors: Senator Kirk of the 13th and Rep. Dempsey of the 13th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 308) This legislation revises who may request a genetic test in child support cases. This bill provides that an individual who is involved in the DHS' enforcement of the child support order and who intends to file a motion to set aside a determination of paternity may request a genetic test from DHS (rather than the movant of the case). The request must be accompanied by a statement indicating that the requirements to set aside a determination of paternity have been met. DHS may deny the request if: Genetic testing was previously completed; The child was adopted either by the requester or the other individual involved in the enforcement
by DHS; The child was conceived by means of artificial insemination; or DHS has previously offered genetic testing and the requester refused the opportunity for testing
at that time.
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Further, the bill provides that in any case when the nonrequesting individual does not consent to genetic testing, the requesting individual may petition the court to ask for such testing of the appropriate individuals.
House Bill 381 Abandoned Mobile Home Act Sponsors: Senator Kennedy of the 18th and Rep. Corbett of the 17th Effective Date: May 1, 2019 (Signed on May 7, 2018; Act 428) This bill provides counties and municipalities the authority to appoint an agent to determine the condition of mobile homes in order for landowners to remove or restore abandoned mobile homes. This bill further provides landowners with the guidance necessary to properly identify and dispose abandoned mobile homes while protecting the rights of any owner, lien holder, or other interested parties.
If the local government agent determines an abandoned mobile home to be intact, a landowner has the right to file a lien on such abandoned mobile home in the superior court where the mobile home is located and in the amount of any unpaid rent as of the date on which the lien is filed and accrued fees. All liens upon abandoned and intact mobile homes are foreclosed on in the manner provided for in the legislation. Upon order of the magistrate court, the person holding the lien of the abandoned mobile home is authorized to sell the mobile home at a public sale. After satisfaction of the lien, the person selling the mobile home, provide the clerk of the court with a copy of the bill of sale and turn over any remaining proceeds of such sale to the clerk of the court. Any violation of these requirements considered a misdemeanor. The purchaser at a sale will receive a certified copy of the court order authorizing such sale. Any purchaser may obtain a certificate of title to the mobile home by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Revenue (DOR). DOR will then issue a certificate of title, which will be free and clear of all liens and encumbrances.
If the local government agent determines an abandoned mobile home to be derelict, the agent must post notice of such determination in a conspicuous location on such abandoned mobile home. The notice must substantially be in the form provided for in the legislation.
House Bill 657 Furnishing of Firearms to Felony First Offenders; Felony Offense Sponsors: Senator Watson of the 1st and Rep. Petrea of the 166th Effective Date: July 1, 2018 (Signed on May 7, 2018; Act 413) This bill creates a felony offense for any person who knowingly and intentionally provides a firearm to any felony first offender or convicted felon. Such felony offense is punishable by imprisonment of 1-5 years upon conviction. A second or subsequent conviction is 5-10 years.
This bill also provides that any person who knowingly and intentionally provides a firearm to any felony first offender on probation or convicted felon shall be guilty of a felony, punishable by imprisonment from 1-5 years.
Clarifying language is included to provide that the offense created under this bill does not require a provider of a firearm to affirmatively confirm that a person to whom a firearm is being provided is not a felony first offender. A House Floor Amendment added language to ensure when a felon is pardoned, a person can no longer be culpable for the offense.
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House Bill 670 Georgia State Council for Interstate Juvenile Supervision Sponsors: Senator Stone of the 23rd and Rep. A. Powell of the 32nd Effective Date: If a legislative branch representative is appointed and serving on the Council on June 30, 2018, this bill becomes effective upon the termination of his or her term of service. In the alternative, where no such representative has been appointed or is serving on the council on this date, this bill becomes effective on July 1, 2018. (Signed on May 3, 2018; Act 325) This bill removes the requirement in current law that legislative appointments be made jointly by the Speaker of the House of Representative and the President of the Senate and provides that the Speaker of the House of Representatives and the President of the Senate must each make one appointment of a legislative branch representative. The appointment of a judicial branch representative will continue to be made by the Chief Justice of the Supreme Court under this bill.

House Bill 673 Hands Free Georgia Act Sponsors: Senator Martin of the 9th and Rep. Carson of the 46th Effective Date: July 1, 2018 (Signed on May 2, 2018; Act 298) This Act repeals and replaces current law on wireless communications while operating a motor vehicle so as to provide for the proper and safe use of wireless telecommunications devices and stand-alone electronic devices while driving. Specifically, it prohibits an individual operating a motor vehicle on any highway of this state from:

Physically holding or supporting either of these devices with any part of his or her body; Reaching for either of these devices in a manner that requires the driver to no longer be in a seated
driving position or properly restrained by a seat belt; Writing, sending, or reading any text-based communication, including but not limited to a text
message, IM, or email; Watching a video or movie, broadcasting, or recording a video on either of these devices; and Using more than a single button on wireless telecommunications devices when initiating or ending
a voice call while driving on any highway in this state. Exceptions to the above prohibitions exist for voice-based communications that convert to a message
in written form (e.g. voice-to-text), watching data on a vehicle's navigation system, and video recording
devices that continuously record the view through a motor vehicle's window, such as a back-up camera.

Additional exceptions exist when the prohibited conduct occurred: (1) while reporting a traffic accident, medical emergency, fire, an actual or potential criminal or delinquent act or road condition which causes an immediate and serious traffic or safety hazard; (2) by an employee or contractor of a utility services provider acting within the scope of his or her employment in response to a utility emergency; (3) by a public safety first responder during the performance of official duties; or (4) while a motor vehicle is lawfully parked.

Department of Driver Services Points System, Violations, & Punishments

First violation

1 points

Misdemeanor; up to $50 fine

Second violation

2 points

Misdemeanor; up to $100 fine

Third or subsequent violation 3 points

Misdemeanor; up to $150 fine

This Act contains an exemption for first offense violators who produce in court a device or proof of purchase that would allow him/her to comply with the Hands Free Georgia Act, provided that the person affirm this privilege has not been previously exercised.
House Bill 732 Trafficking an Individual for Sexual Servitude Sponsors: Senator Unterman of the 45th and Rep. Silcox of the 52nd Effective Date: July 1, 2018 (Signed on May 7, 2018; Act 422) Current law provides that a person commits the felony offense of trafficking an individual for sexual servitude when that person knowingly solicits by any means an individual to perform sexually explicit
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conduct on behalf of such person when such individual is the subject of sexual servitude. When such felony offense is committed against an individual who is 16 or 17 years old, upon conviction, the person must be punished by imprisonment from 5 to 20 years.
This bill expands the offense to include persons who knowingly patronize an individual to perform sexually explicit conduct on behalf of such person when such individual is the subject of sexual servitude. It also changes the punishment for the offense to instead provide that when committed against an individual who is 16 years of age or older, upon conviction, the person must be punished by imprisonment from 5 to 20 years.
House Bill 790 Implements Recommendations of the Court Reform Council Sponsors: Senator Strickland of the 17th and Rep. Efstration of the 104th Effective Date: Upon Governor's Approval (Signed on May 8, 2018; Act 454) This bill revises current law relating to the Office of State Administrative Hearings (OSAH) and powers of administrative law judges (ALJs) by implementing the recommendations of the Court Reform Council to improve efficiencies and achieve best practices for the administration of justice. The bill requires an agency with a request for a hearing in a contested case to forward the request to OSAH within 30 days of receipt, or the party can file directly with OSAH.
Under this bill, an ALJ is given the authority to impose civil penalties, of not less than $100.00 nor more than $1,000.00 per violation, for failure to obey their orders or for other improper conduct, and the superior court in the county where the violation occurred must enforce those penalties. Additionally, ALJs are authorized by this bill to issue writs for the collection of these penalties, and all penalties and costs assessed must be tendered and made payable to OSAH and deposited in the general fund of the state treasury. ALJs have the power to determine the ultimate decision in contested cases, but those decisions are still subject to review by the Fulton County Superior Court or the superior court of the county where the petitioner maintains his or her residence or principle place of business; however, for "contested cases" referred to OSAH by an agency of the executive branch where the determination by the ALJ is against the agency, the decision is merely an advisory opinion with the ultimate decision and reviewing authority remaining with the executory agency.
Finally, the issuance of subpoenas by an ALJ are governed by traditional evidence rules.
House Bill 808 Term Changes for Superior Courts in Waycross Circuit Sponsors: Senator Harper of the 7th and Rep. Nimmer of the 178th Effective Date: January 1, 2019 (Signed on May 3, 2018; Act 343) This legislation changes the terms in superior courts in Bacon, Brantley, Charlton, Coffee, Pierce and Ware counties Waycross Circuit. The changes are as follows:
Bacon County: Third Monday in April and October (was second Monday in October); Brantley County: Fourth Monday in February (was January) and August (was second Monday
in September); Charlton County: Second Monday (was fourth) in February and August (was September); Coffee County: Second Monday (was third) in March and September (was October); Pierce County: Third Monday (was second) in March (was May) and September (was first
Monday in December); and Ware County: Second Monday (was first) in April and October (was second Monday in
November). This bill also removes the requirement that if any term begins on an official state holiday, the term must commence on the following Tuesday and if any other day within the term is an official state holiday, the court is closed for the holiday. The grand jury is not required to be impaneled on the first day of each new term but is instead required to do so upon a date and time as scheduled by the court.
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House Bill 830 Annual Drug Update Bill Sponsors: Senator Kirk of the 13th and Rep. Harden of the 148th Effective Date: Upon Governor's Approval Signed on May 3, 2018; Act 373) This bill provides the following changes to the Georgia Controlled Substances Act: Schedule I:
Within the Hallucinogenic class, adds fluorophenmetrazine; Within the Central Nervous System Stimulant class, two substances are removed; and Within the fentanyl analog structural class, the acetamide group is amended to include the
cyclic alkyl group and the tetrahydrofuran group; Within paragraphs (12) and (15), revisions are made to structural classes.
Schedule II: Adds a new subparagraph for drobaninol, a synthetic form of THC approved by the U.S. Food and Drug Administration.
Dangerous Drugs: This bill also adds 47 new substances to the dangerous drug class that may only be dispensed by prescription and creates an exception for levocetirizine for single doses of 2.5mg per 5 mL or less, or 5mg or less. It also amends the definition of lidocaine topical so that it applies to concentrations of 4% or less.
House Bill 834 Family Violence and Termination of Rental Agreement Sponsors: Senator Stone of the 23rd Rep. Ballinger of the 23rd Effective Date: July 1, 2018 Signed on May 8, 2018; Act 482) Section 1 Current law states that if a court issues an ex parte order in a family violence situation, a copy of the order must be immediately furnished to the petitioner. This legislation adds that the order must remain in effect until the court issues an order dismissing such order or a hearing occurs. Further, current law requires a hearing on the petition within 30 days, or the petition is dismissed unless the parties agree otherwise. This bill increases the number of days to 45.
Section 2 This legislation adds a new Code section relating to landlord and tenant law, allowing a tenant to terminate his or her residential rental or lease agreement for real estate after a civil family violence order or criminal family violence order has been issued:
Protecting such tenant or his or her minor child; or Protecting such tenant when he or she is a joint tenant, or his or her minor child, even when such
protected tenant has no obligation to pay rent to the landlord.
The tenant must provide written notice to the landlord and the applicable order must be accompanied with the notice. Upon termination of the residential rental or lease agreement, the tenant can occupy the real estate until the termination is effective. The tenant is liable for a prorated rent and prior delinquent or unpaid rents. However, after the termination of the agreement, the tenant is not liable for any further fees, rent or damages. This section applies to all residential real estate rental or lease agreements entered into on or after July 1, 2018.
Section 3 This section amends and clarifies when a landlord can inspect the premises and compile a list of any damage done to the premises. Further, it clarifies that the tenant, upon request, has the right to inspect such list. (Section 3 of this bill closely mirrors SB 443, sponsored by Sen. Stone in 2018.)
House Bill 890 Unlawful Use of Emergency Exit after Shoplifting Sponsors: Senator Stone of the 23rd and Rep. Fleming of the 121st Effective Date: July 1, 2018 Signed on May 3, 2018; Act 388) This bill creates a misdemeanor offense for any person convicted of using an emergency exit after committing theft by shoplifting.
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House Bill 897 Georgia Power of Attorney Act Sponsors: Senator Kennedy of the 18th and Rep. Efstration of the 104th Effective Date: July 1, 2018 Signed on May 7, 2018; Act 412) This bill amends the 'Uniform Power of Attorney Act' as it relates to applicability, execution and termination of a power of attorney and authority of an agent, renaming the chapter the 'Georgia Power of Attorney Act'. A power of attorney that does meet the requirements in current statute may still constitute a statutory power of attorney under this bill if that power of attorney meets the requirements regarding the grant of a power of attorney including limits on the agent's power over a principal and his or her property. This bill does not apply to powers of attorneys regarding single or multiple transactions involving real estate. Additionally, any finding by a court that a principal is incapacitated does not create a presumption that the principal needs a guardian or conservator.
House Bill 906 Records of Foster Parents; Extended Care Youth Services Program; Information by DFCS Upon Child Placement Sponsors: Senator Kennedy of the 18th and Rep. Dempsey of the 13th Effective Date: See below Signed on May 8, 2018; Act 472) Current law provides for the public inspection of government records, with several exceptions. Part IV of this bill amends the list of exceptions to exclude from public disclosure requirements the records of the Department of Human Services concerning any foster parent or former foster parent's personal information. "Foster parent or former foster parent" refers to the individuals approved to foster a child by the Division of Family and Children Services or a licensed child-placing agency.
This bill contains the language of HB 972, which was carried by Sen. Kirkpatrick in the Senate after being favorably reported by the Senate HHS Committee. This allows the Division of Family and Children Services (DFCS) to offer extended care youth services to individuals 18-21 years of age under certain circumstances. The extended care youth services programs will take effect July 1, 2020. DHS is authorized to receive federal reimbursement for the youth services program as it existed on February 1, 2018 beginning on July 1, 2018. It also requires certain information to be provided to a caregiver, foster parent, preadoptive parent, or relative by DFCS upon placement of a child, which becomes effective on July 1, 2018.
House Bill 907 District Attorney; Vacation of Office Sponsors: Senator Stone of the 23rd and Rep. Fleming of the 121st Effective Date: March 22, 2018 (Signed by the Governor March 22, 2018; Act 291) This bill adds a new Code Section relating to filling a vacancy for the office of district attorney. Such vacancy must be filled by the Governor's appointment of a qualified individual, who must serve in the office of district attorney until January 1st of the year after the next state-wide general election, when such election is more than six months after the date of the appointment of the individual. A special election must be held on the same date and in conjunction with the upcoming state-wide November general election more than six months after the appointment of an individual to fill the vacancy.
The individual elected in the special election begins a new four-year term of office on January 1st, immediately following such special election.
House Resolution 993 Constitutional Amendment Providing for the Creation of a State-wide Business Court Sponsors: Senator Strickland of the 17th and Rep. Efstration of the 104th Effective Date: Upon Ratification of November 2018 Ballot Signed on May 6, 2018; Act 410) This resolution provides a constitutional amendment to expand the judicial power of the state to include a business court. This amendment would not be effective until voted on and ratified. Each court may exercise powers as necessary in aid of its jurisdiction or to protect or effectuate judgments. This resolution allows business courts the power to issue process in the nature of mandamus,
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prohibition, specific performance, and quo warranto. Also, business courts may grant new trials on legal grounds.
This resolution provides that the state-wide business court must be effective as provided by law. The business court would have state-wide jurisdiction. Superior Courts have concurrent jurisdiction with the state-wide business court in equity cases, and may order removal of a case to the state-wide business court as provided by law. Further, this resolution provides for the venue of the state-wide business court. All cases properly before the business court may have pretrial proceedings in any county provided by law, and any trial of a case that is properly before the business court shall be in the county as is otherwise prescribed by this section.
Business court judges will be appointed by the Governor and subject to approval by a majority of each of the Senate Judiciary Committee and the House Committee on Judiciary. Such judges can be reappointed for any number of consecutive terms as long as they meet the qualifications of appointment at the time of each appointment and approved as required. Business court judges must be admitted to practice law for seven years. State-wide business court vacancies will be filled by appointment of the Governor.
NATURAL RESOURCES AND THE ENVIRONMENT
Senate Bill 332 Georgia Youth Outdoors Passport Act Sponsor: Senator Tyler Harper of the 7th Effective Date: July 1, 2018 Signed on May 8, 2018; Act 478) This bill creates an additional Code section providing new term definitions for outdoor mentee, outdoor mentor, and outdoor passport. This legislation also provides for an outdoor mentor program to spark interest in hunting and fishing while promoting safe and ethical hunting practices. In addition, an amendment to the bill provides nonresident youth, 15-years of age or under, with a reduced sportsman's license fee of $50 instead of $335, annually.
Senate Bill 385 Death Investigations Sponsor: Senator Burt Jones of the 25th Effective Date: July 1, 2018 Signed on May 3, 2018; Act 358) This bill authorizes the chief medical examiner to inter and disinter unidentified human remains if the examiner determines that information can be obtained or testing can be performed that may result in the identification of such remains after the peace officer in charge has exhausted all identification efforts.
Senate Bill 404 Prohibiting Separate Fee Assessments for Fire Sprinkler System Connections Sponsor: Senator Brass of the 28th Effective Date: July 1, 2018 Signed on May 3, 2018; Act 400) Under current law, an owner or operator of a building containing residential units is authorized to charge tenants separately for water and waste-water service based upon usage.
This bill encourages the use of all fire sprinkler protection systems by prohibiting county, municipal, and other public water systems from charging a fee for water service for fire sprinkler protection system connections for more than the costs to provide such water service.
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Senate Resolution 778 Provide Resources to Maintain the National Park Service Needs Sponsor: Senator Gooch of the 51st This resolution urges the United States Congress to create a reliable, predictable stream of resources to address deferred maintenance needs3 of the National Park Service.
House Bill 695 Specialty License Plates Sponsors: Senator Kennedy of the 18th and Representative Epps of the 144th Effective Date: This Act will become effective on July 1, 2018; however, Section 3 of the Act will become effective on July 1, 2019. Signed on May 8, 2018; Act 464) This bill creates special license plates honoring Georgia's working forests and the benefits they provide to Georgians, with the words "#1 in Forestry" displayed across the bottom of special license plates. Funds raised by the sale of this license plate will be distributed according to the Georgia Forestry Foundation.
This bill further creates special license plates promoting the dog and cat reproductive sterilization support program of the Department of Agriculture. The funds raised by the sale of this special license plate will be disbursed to the Department of Agriculture and will be deposited in the special fund for support of the dog and cat reproductive sterilization support program created by Code Section 4-15-1 and Article III, Section IX, Paragraph VI(m) of the Constitution of the State of Georgia.
House Bill 784 Special Conservation License Plates Sponsors: Senator Brass of the 28th and Representative Dubnik of the 29th Effective Date: July 1, 2019 Signed on May 3, 2018; Act 371) This bill creates special license plates promoting the conservation and enhancement of waterfowl populations and their habitats. Funds raised by the sale of this license plate will be disbursed to the Wildlife Resources Division of the Department of Natural Resources for the purposes of waterfowl habitat restoration, waterfowl research, and waterfowl management programs.
House Bill 785 Conversion of Non-Recycled Plastics Sponsors: Senator Harper of the 7th and Representative Nix of the 69th Effective Date: July 1, 2018 Signed on May 8, 2018; Act 453) This bill expands on the types of materials that can be recycled in Georgia by modifying certain definitions under the Georgia Comprehensive Solid Waste Management Act as it pertains to the conversion of non-recycled plastics processed using a pyrolysis or gasification to fuels and chemicals process.
House Bill 792 Extends Sunset Date Sponsors: Senator Walker of the 20th and Representative Rogers of the 10th Effective Date: June 30, 2018 Signed on May 3, 2018; Act 340) This bill extends the sunset date for repealing of solid waste surcharges, hazardous waste management fees and/or hazardous substance reporting fees from July 1, 2018 to July 1, 2019. This bill authorizes an imposed surcharge fee of $2.50 per ton or volume equivalent, effective July 1, 2019. When a municipal solid waste disposal facility is operated by a private enterprise, the host local government is authorized to impose a surcharge of $1.00 per ton or volume equivalent until June 30, 2025, and a surcharge of $2.00 effective July 1, 2025 for fly ash, bottom ash, boiler slag, or flue gas desulfurization materials. When a municipal solid waste disposal facility is operated by private enterprise, the host local government is required to impose a surcharge of $1.00 per ton or volume equivalent for construction or demolition waste or inert waste. Lastly, this bill provides for the use of funds collected from such surcharges and provides for contractual negotiation of such surcharges.
3 Repairs to aging historical structures, trails, sewers, thousands of miles of roads, bridges, tunnels, and other vital infrastructure needs.
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House Bill 885 Authorization of Agricultural Burning Sponsors: Senator Ginn of the 47th and Representative McCall of the 33rd Effective Date: July 1, 2018 Signed on May 2, 2018; Act 295) This bill prohibits the Board of Natural Resources, Department of Natural Resources, and Environmental Protection Division from limiting or restricting burning over any agricultural tract, lot, or parcel greater than five acres for purposes of any existing, expanded, or new agricultural operations provided that such burning is consistent with the requirements of federal law and is limited to vegetative material.
PUBLIC SAFETY
Senate Bill 327 Medical Examiners' Inquiries Sponsor: Senator Albers of the 56th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 351) Currently, Title 45 contains a list of "suspicious or unusual" deaths that automatically require a coroner to be immediately notified, and a medical examiner's inquiry to be performed. This bill removes deaths that occur when the subject is "unattended by a physician" from the list of deaths that automatically require an inquiry. However, the coroner must still be notified of these deaths immediately upon discovery.
Senate Bill 353 Penalties for Violation of Boiler and Pressure Vessel Regulations Sponsor: Senator Lee Anderson of the 24th Effective Date: July 1, 2018 (Signed on May 7, 2018; Act 444) Boiler and pressure vessels are regulated by the office of the Safety Fire Commissioner. This bill creates a civil penalty of up to $5,000 for individuals who are found to be in violation of state regulations or statutes governing boilers and pressure vessels. This penalty does not apply to violators of O.C.G.A. 25-15-15, which imposes a $500 flat penalty for entities who fail to have their boiler or pressure vessel inspected within 60 days of the required renewal date. The bill states that a civil lawsuit may be filed to prevent violators from continuing to violate regulations after paying the penalty fee.
Senate Bill 369 Pre-Trial Diversion Fees Paid to POAB Sponsor: Senator Kirk of the 13th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 463) This bill requires $5.00 of every pre-trial diversion fee collected by local authorities to be paid into the Peace Officer's Annuity and Benefit Fund (POAB). These fees include charges in both criminal and quasi-criminal cases stemming from violations of state laws and local ordinances. The bill also requires all pre-trial fees to be paid to the county Clerk of Superior Court.
Senate Bill 406 Georgia Long-term Care Background Check Program Sponsor: Senator Strickland of the 17th Effective Date: October 1, 2019 (Signed on May 7, 2018; Act 420) This bill repeals and replaces the background check process for owners, employees, and prospective employees of personal care homes and other facilities engaging in elder care. In doing so, the bill creates a Central Caregiver Registry database with satisfactory and unsatisfactory determinations of caregivers based on criminal background checks. Individual employers will be permitted to request satisfactory or unsatisfactory determinations from the Department of Community Health (DCH) based upon criminal background checks on potential caregivers from DCH in the same way that commercial employers do. Finally, the bill creates a rebuttable presumption of due care for employers who follow the procedures outlined in bill in negligent hiring or retention claims.
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Notes: SB 348 - Arrest Powers for Technical College Campus Police The language of SB 348 as it passed the Senate reached final passage under SB 407, the Criminal Justice Reform bill (see above under Judiciary). SB 348, sponsored by Sen. Harper in 2018, allows POST-certified police officers employed by technical colleges which are part of the Technical College System of Georgia to perform arrests for crimes committed on campus and within 500 feet of campus on both public and private properties.
House Bill 79 License Plate Data Captured by Law Enforcement Sponsors: Senator Albers of the 56th and Representative Pezold of the 133rd Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 452) This bill creates regulations governing the handling of data captured by law enforcement officers using license plate reader technology. The bill requires that the data be stored immediately, and not be accessed by anyone other than for a law enforcement purpose. Access of the data for any other purpose will be punished as an aggravated misdemeanor offense. Data may however may be shared between law enforcement agencies for law enforcement purposes. All data must be destroyed no later than 30 months after its collection, unless it is still being used to punish a toll violation or for a law enforcement purpose. All agencies using plate reader technology must implement policies on the proper handling of data collected by such technology.
House Bill 419 Fireworks Regulations Sponsors: Senator Harper of the 7th and Representative Silcox of the 52nd Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 312) Currently, state law allows fireworks to be used on any day between 10:00 A.M. and 9:00 P.M. This bill allows fireworks to be used between 10:00 A.M. and 11:59 P.M. on any day unless a local ordinance makes the noise caused by such usage illegal. However, under the bill, state law does allow fireworks to be used on the last Saturday and Sunday in May, Labor Day, July 3, July 4, December 31, and January 1 from 10:00 A.M. to 11:59 P.M., and on January 1, from 12:00 A.M. to 1 A.M. regardless of any local ordinance. These local ordinances may not specifically ban fireworks usage, but must be general noise ordinances applying to all types of noises. In order for a local government to implement an ordinance which affects fireworks usage, notice of the meeting at which such ordinance will be voted on must be published in the legal organ of the county or city, and be posted for 72 hours on the county or city website at least 15 days in advance of the meeting. The bill also requires every licensed fireworks retailer to post 22 x 28-inch signs bearing safe usage practices along with the schedule of when fireworks may be used under state law. Permanent retailers must post two such signs in plain sight, and temporary retailers must post one. In the case of a drought in any part of a county registering at 700 or higher on the Keetch-Byram Drought Index, the Governor may suspend all fireworks usage in that area until the drought has passed.
House Bill 671 Antique Cars and Honey Bees Sponsors: Senator Wilkinson of the 50th and Representative Dunahoo of the 30th Effective Date: Upon the Governor's Approval (Signed on May 3, 2018; Act 368) Currently, any vehicle manufactured in 1970 or earlier may display a license plate from the year that the vehicle was built. This bill updates the date to allow any vehicle manufactured in 1989 or earlier to display a plate from within 4 years of the model year of the vehicle. This bill also creates a special license plate to raise awareness of, and funding for, honey bee conservation. The plates will feature the slogan `Save the Honey Bee' in lieu of the county of issuance. Revenue generated by sales of these plates will go to the Georgia Beekeepers Association.
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House Bill 699 Firefighter Certification for Military Firefighters Sponsors: Senator Dugan of the 30th and Representative Belton of the 112th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 327) This bill allows individuals who have been trained as firefighters under any branch of the U.S. Armed Services, Coast Guard, Georgia National Guard, or Georgia Air National Guard to provide proof of such training in order to be certified as Georgia firefighters in lieu of the basic fire training generally required for state certification. Additionally, current law requires that a firefighter possess either a high school diploma or a GED. This bill permits this requirement to be waived.
House Bill 703 Office of Public Safety Officer Support Sponsors: Senator Albers of the 56th and Representative Hitchins of the 161st Effective Date: Upon Appropriation of Funds (Signed on May 7, 2018; Act 439) This bill creates the Office of Public Safety Officer Support (Office) within the Department of Public Safety. The Office will be overseen by a support coordinator who will be an individual with experience as a public safety officer who also has the training and ability to provide emotional and moral support to public safety officers. The Office will certify and employ "peer counselors" who may respond to any public agency in the state that employs public safety officers. These counselors will provide counseling and critical incident support services for officers experiencing trauma or post-traumatic stress disorder resulting from public safety-related incidents.
House Bill 714 Updating Commercial Vehicle and Motor Carrier Regulations Sponsors: Senator Harper of the 7th and Representative Rogers of the 10th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 330) Current law enforces the safety regulations governing commercial vehicles and motor carriers which were in effect on January 1, 2017. This bill updates the date to January 1, 2018.
House Bill 761 Electronic Filing for Vehicle Title Applications Sponsors: Senator Mullis of the 53rd and Representative Ridley of the 6th Effective Date: Upon Governor's Approval (Signed on May 8, 2018; Act 546) Currently, auto dealers must submit all vehicle title applications to DOR electronically. This bill will make this provision optional for auto dealers who sell 10 or fewer vehicles per month. Instead, they may file applications with their local county tag office.
House Bill 779 Changes to GBI, GSAC, and GEMA Sponsors: Senator Cowsert of the 46th and Representative A. Powell of the 32nd Effective Date: July 1, 2018 (Signed on May 7, 2018; Act 435) This bill creates the Emergency Operations Command to coordinate the state's public safety response to natural disasters, homeland security events, and other emergencies. The Command will be made up of the directors of GBI and GEMA, the commissioners of public safety, natural resources and transportation, as well as the adjutant general of the Georgia National Guard. The director of GEMA will serve as head of the Command. The bill also creates a Board of Homeland Security which will be attached for administrative purposes to GEMA. This Board will advise the Governor on the creation and implementation of a homeland security strategy which will prepare both state and local agencies to prevent emergencies, respond to those that do occur, and recover from them afterward. The bill also moves the responsibility of identifying and processing state personnel for security clearances through the U.S. Department of Homeland Security out of GISAC and into GEMA. Finally, GISAC is established as its own distinct division within the GBI. The officer or agent charged with operating the center will report directly to the director of the GBI, and GISAC will be assigned analysts who will be solely focused on homeland security activity.
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House Bill 815 Georgia Masonic Charities Foundation License Plate Sponsors: Senator Albers of the 56th and Representative Martin of the 49th Effective Date: Upon Governor's Approval (Signed on May 7, 2018; Act 438) This bill creates an honorary plate that may be purchased in honor of the Georgia Masonic Charities Foundation. Proceeds of the sales of these plates will go to the Foundation.
House Bill 856 Addition to the Board of Public Safety Sponsors: Senator Harper of the 7th and Representative Deffenbaugh of the 1st Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 383) This bill adds the Commissioner of Community Supervision to the Board of Public Safety as an ex officio member.
House Bill 867 Changes to POST Council Sponsors: Senator Harper of the 7th and Representative Hitchins of the 161st Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 386) Currently, the required quorum for a meeting of the POST Council is 7 members. This bill increases that number to 11 members. The bill also grants permission to honorably retired POST investigators to retain their guns and badges. Further, current law currently requires, applicants to POST academy who fail the entrance exam to wait at least 30 days before taking the exam again. This bill removes this mandatory waiting period. The bill also allows anyone with a degree from an accredited postsecondary institution to qualify for POST academy without having to sit for the entrance exam. The bill also abolishes the program which allows individuals to obtain official certification as police chaplains.
House Bill 898 Fleet Vehicle Registration and Licensing Sponsors: Senator Harper of the 7th and Representative A. Powell of the 32nd Effective Date: July 1, 2018 (Signed on May 7, 2018; Act 434) This bill revises provisions relating to fleet vehicles and fleet vehicle registration plans by reducing the number of vehicles that are classified as a fleet from 1000 to 100. Also, currently, when a firefighter leaves employment as a firefighter, he or she must immediately turn in any specialty firefighter license plates to the fire chief. This bill gives the firefighter 14 days to turn the plate in to DDS.
House Bill 978 Approaching School Buses; Automated Traffic Enforcement Devices in School Zones Sponsors: Senator Beach of the 21st and Representative Nimmer of the 178th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 545) This bill allows vehicles approaching school buses on divided highways to continue traveling. The bill also updates the law regarding automated traffic enforcement devices used on school buses, allows DOR to refuse to renew the vehicle registrations and freeze the titles of drivers who refuse to pay fines, allows automated traffic enforcement devices to be used in school zones, and creates a civil procedure for fines resulting from violations.
REGULATED INDUSTRIES
Senate Bill 17 "The Brunch Bill" Sponsor: Senator Unterman of the 45th Effective Date: Upon Governor's Approval (Signed on May 8, 2018; Act 461) Currently, beverage alcohol may not be sold in any form or fashion earlier than 12:30 P.M. on Sundays in the state of Georgia. This bill will allow local governments who already permit on-premises alcohol sales on Sundays to hold referendums on whether or not to approve on-premises Sunday sales as early
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as 11:00 a.m. The bill also allows farm wineries to sell wine as early as 11:00 A.M. on Sundays so long as earlier sales are permitted by ordinance in the community in which the winery is located.
Senate Bill 355 Financing Costs for Nuclear Power Plants Sponsor: Senator Hufstetler of the 52nd Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 556) Current law allows for a utility to bill ratepayers for financing costs4 which result from loans secured by the utility for the construction of nuclear power reactors in Georgia, as long as the project was certified by the Public Service Commission (PSC). This bill will prevent utilities from collecting financing costs for future nuclear power projects from ratepayers unless the project was certified by the PSC prior to January 1, 2018.
Senate Bill 402 "The Achieving Connectivity Everywhere (ACE) Act" Sponsor: Senator Gooch of the 51st Effective Date: Upon Governor's Approval (Signed on May 7, 2018; Act 423) This bill enables the use of public rights of way to deploy broadband and other emerging technologies equipment. The bill also creates the title of "Broadband Ready Community" and establishes the necessary requirements for local authorities to achieve such status. DCA will also require local authorities to add broadband service and delivery to the list of elements included in their respective comprehensive plans. The bill charges the Georgia Technology Authority (GTA) to create plans intended to facilitate, coordinate and deploy broadband projects throughout the state.
Senate Bill 425 Requirements for Professional Land Surveyors Sponsor: Senator Gooch of the 51st Effective Date: July 1, 2018 (Signed on May 7, 2018; Act 417) Currently, in order to obtain a certification as a land surveyor, one must complete courses in both surveying and hydrology. This bill creates the classification of a land surveyor intern. These interns may perform basic surveying tasks without completing the hydrology courses required of professional land surveyors. The hydrology training will still be required for full licensure as a surveyor.
House Bill 475 Regulating Donation Receptacles Sponsors: Senator Kirk of the 13th and Representative Harden of the 148th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 316) This legislation creates a requirement that entities or individuals placing outdoor donation receptacles on private property not belonging to them must provide notice to and obtain written permission from the owners, property management, or leaseholders of the property. If permission is granted, then then all tenants, lessees, and any other occupants of the property must also be notified. Owners of receptacles already placed on property belonging to others must seek to obtain permission by December 31, 2018. Receptacle owners must also maintain the appearance of the receptacle and the area surrounding it. The receptacle must be regularly emptied, and items on the ground around the receptacle must be removed every 48 hours. If the owner of a property wishes for a receptacle to be removed from his or her property, then he or she has the right to demand that it be removed. If the receptacle owner refuses or fails to do so, then the owner of the property on which the receptacle sits will have the right to take possession of the receptacle and dispose of it. Local governments may also issue written notices to the owner of property upon which a receptacle is located, or a solicitor who placed the receptacle if the area around the receptacle is disorderly or unsanitary.
4 "Financing Costs" refer to the interest payments on the loans secured for the construction project. Prepared by the Senate Research Office, May 2018 Page 39

RETIREMENT
Senate Bill 333 Deferred Compensation Plans; Payment of Fees and Automatic Enrollment Sponsor: Senator Black of the 8th Effective Date: Upon Governor's Approval (Signed on May 8, 2018; Act 447) Under current law, any deferred compensation plan (such as a pension or other retirement plan) for state or local government employees must operate without cost to the government, except to pay employer contributions or administration costs. This bill allows the employer to pay for any costs or fees originating from their employee participating in the plan. This bill also allows employee contributions to be automatically deducted from their paycheck pursuant to an automatic enrollment arrangement.
House Bill 135 Creditable Service for Investigators of DDS and GDC Sponsors: Senator Harper of the 7th and Representative Hitchens of the 161st Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 303) Current law allows law enforcement officers that are ERS members to receive creditable service for qualifying law enforcement service with a local government, if they meet certain requirements and are currently employed in certain state positions specified under law. This bill allows investigators of the Department of Driver Services, and any criminal investigator or K9 handler of the Department of Corrections, to qualify for this program.
House Bill 398 Peace Officers' Annuity and Benefit Fund; Investigators of the Board of Dentistry Sponsors: Senator Black of the 8th and Representative Battles of the 15th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 311) Under current law, any individual defined as a "peace officer" can become a member of the Peace Officers' Annuity and Benefit Fund. This bill includes any investigators employed by the Georgia Board of Dentistry.
House Bill 538 Changes to the Fulton County Board of Education Retirement System Sponsors: Senator Albers of the 56th and Representative Willard of the 51st Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 318) This bill authorizes Fulton County to create a new retirement system for their Board of Education, with the same terms, responsibilities, duties, liabilities, assets, and beneficiaries as the previous retirement system. In addition, in this new retirement system, notice must be given to the chairperson of the Fulton County delegation of the General Assembly, when providing for a change in the accrued benefits of any participant. The bill also provides that only a local Act of the General Assembly can amend the system for appointing members of the system's governing body.
House Bill 571 Retirement Benefits for the Magistrates Retirement Fund Sponsors: Senator Black of the 8th and Representative Watson of the 172nd Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 321) The Magistrates Retirement Fund currently provides retirement benefits to Chief Magistrates of the counties in Georgia. This bill provides that if such members do not pay dues for 90 days, they become suspended members and can only be reinstated within 30 days after their next full term of office begins. This bill also provides additional options for a retiree to choose to receive their retirement benefits.
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RULES
Senate Resolution 351 Commending Grady Memorial Hospital Sponsor: Senator Shafer of the 48th This resolution commends Grady Memorial Hospital and Grady Health System for 125 years of dedication to serving the underserved in Atlanta, Fulton County, and DeKalb County, while also being a resource for the entire state, training medical professionals, conducting cutting edge research, and shaping the future of medicine and health care.
Senate Resolution 502 High-Speed Broadband Access in Rural America Sponsor: Senator Gooch of the 51st This resolution encourages Congress and Federal Agencies to do all within their powers to develop policies and funding sources to help bring high-speed broadband access to Rural America.
Senate Resolution 539 Recognizing Jon Richards Sponsor: Senator Unterman of the 45th This resolution recognizes Jon Richards for his accomplishments and proclaims him an honorary native Georgian.
Senate Resolution 593 Public Facilities and Adult Changing Stations Sponsor: Senator Seay of the 34th This resolution urges the United States Congress to enact legislation in the 115th Congress to establish a policy requiring public facilities to consider adult changing stations.
Senate Resolution 629 Government of the People's Republic of China; Calling to End Organ Harvesting from Falun Gong Prisoners and Practitioners Sponsor: Senator Mullis of the 53rd This resolution recommends that: Officials of this state and of the United States call on the government of the People's Republic of
China to immediately end the practice of organ harvesting from all prisoners and prisoners of conscience, and explicitly from Falun Gong prisoners of conscience and members of other religious and ethnic groups. Representatives of this state and of the United States call upon the government of the People's Republic of China to immediately end the 17-year persecution of the Falun Gong and release such practitioners and other prisoners of conscience; Representatives of this state and of the United States call upon the President of the United States to undertake a full and transparent investigation by the Department of State into organ transplant practices in the People's Republic of China, and call for the prosecution of those who have engaged in such practices; Measures should be taken to initiate a registry for Georgia residents who travel abroad to receive organ transplants; and Measures should be taken to ban the entry of those who have participated in illegal removal of human tissues and organs, and to prosecute such individuals should they be found in Georgia.
Senate Resolution 732 Commending the Nation of Israel Sponsor: Senator Millar of the 40th This resolution commends the Nation of Israel for its cordial and mutually beneficial relationship with the United States and the State of Georgia. It further Israel in its legal, historical, moral, and God-given right of self-governance and self-defense upon the entirety of its own lands, recognizing that Israel is neither an attacking force nor an occupier of the lands of others, and that peace can be afforded to the region only through a whole and united Israel.
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Senate Resolution 821 Designates Official Technology Innovation Corridors in Georgia Sponsor: Senator Martin of the 9th This resolution designates the Fort Gordon Cyber Security and Information Technology Innovation Corridor, as an official technology innovation corridor in Georgia. It will encompass the counties of Augusta-Richmond, Burke, Columbia, Lincoln, and McDuffie.
This resolution also designates the Savannah Logistics Technology Innovation Corridor as an official technology innovation corridor in Georgia. The corridor will extend one mile along each side of I-16 from the Pooler Parkway to Stiles Avenue, and one mile out along each side of I-95 from the Jimmy DeLoach Parkway to U.S. 17.
This legislation authorizes and directs the Secretary of Senate to make appropriate copies of this resolution available for distribution to the public and the press.
Senate Resolution 940 Support for the Federal Infrastructure Plan Sponsor: Senator B. Jones of the 25th This resolution supports the infrastructure plan presented by the President of the United States, citing that the Trump Administration is committed to creating a safe, fast, reliable, and modern infrastructure in order to the meet the needs of the American people and the economy. The resolution further states that the administration's proposal will spur at least $1.5 trillion of investment opportunities in order to address our crumbling infrastructure, thereby permanently fixing the infrastructure deficit and preparing the United States for opportunities that lie ahead.
Under this resolution, the Secretary of the Senate is authorized and directed to make appropriate copies of this resolution available for distribution to the public and the press.
Senate Resolution 967 Recognizes March 8, 2018 as Unify Georgia Day at the State Capitol Sponsor: Senator James of the 35th This resolutions recognizes and commends Taos Wynn and Perfect Love Foundation, calling for the members of the Senate to commemorate Georgia's social progress, its opposition to discrimination, and its mandate for unity and love. In doing so, this resolution recognizes March 8, 2018, as Unify Georgia Day at the State Capitol. The Secretary of the Senate is authorized and directed to make appropriate copies of this resolution available for distribution to Taos Wynn, Perfect Love Foundation, the public, and the press.
House Bill 85 Forest Land Conservation Use Property Valuation Update Sponsors: Senator Black of the 8th and Representative Powell of the 171st Effective Date: January 1, 2019. Contingent upon constitutional amendment. (Signed on May 2, 2018; Act 296) This bill changes the valuation methodology for forest land conservation use property. This bill removes the provisions relating to forest land valuation based on its 2008 value Instead forest land conservation property will be assessed at 40% of its forest land conservation use value, and qualified timberland property will be assessed at 40% of its fair market value for qualified timberland property. The value of qualified timberland property will be at least 175% of the property's forest land conservation value. The bill provides that the value of the local assistance grant to any county will be increased by an amount equal to a percentage of the value of the difference in the amount the county received in 2018, and the amount the county is eligible to receive in the given year.
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House Bill 735 Storm Water Fees Exemption; Class III Railroad Tax Credit; Carpet Tax Credit Sponsors: Senator Gooch of the 51st and Representative Bentley of the 139th Effective Date: Class II Railroad and Carpet Tax Credit effective upon Signature, Storm Water Fee Exemption effective July 1, 2018 (Signed on May 8, 2018; Act 476) This bill exempts rail line land from local fees imposed for the management, collection, or disposal of storm water. This bill provides Class III railroads with an income tax credit for the cost of fifty percent of their qualified railroad track maintenance in a given year. The tax credit cannot exceed $3,500 per railroad track mile per year and is only allowed to be used once for each mile of railroad track in a year. This bill provides a tax credit for employers that operate a facility that recycles post-consumer waste into polyester bulk continuous filament fibers (carpet). The Commissioner of the Department of Revenue will certify an employer is eligible for this tax credit if they will purchase or acquire $20 million of qualified investment property and create 25 new, full-time jobs in the state.
House Bill 918 Annual Update and Revision of Taxation Code Sponsors: Senator Martin of the 9th and Representative Efstration of the 104th Effective Date: March 2, 2018; Title Ad Valorem Tax provision on July 1, 2018 (Signed on May 2, 2018; Act 284) This bill provides for the annual Internal Revenue Code update for tax years 2017 and 2018. Under current law, the top personal income tax rate and corporate income tax rate are 6%. This bill reduces both rates to 5.75% in 2019. Both rates are again reduced in 2020 to 5.50% if a joint resolution is passed by both chambers of the General Assembly and signed by the Governor. This bill also doubles the standard deduction allowable for every personal income filing status. The bill adds a provision stating there will be no title ad valorem tax imposed to obtain a replacement title if the vehicle is less than 15 years old, a sufficient proof is provided that the title no longer exists. This provision will become effective July 1, 2018.
House Resolution 51 Valuation of Forest Land Conservation Use Property Constitutional Amendment Sponsors: Senator Black of the 8th and Representative Powell of the 171st Effective Date: Ratification of the Constitutional Amendment (Signed on May 2, 2018; Act 297) This resolution is the corresponding proposal for a constitutional amendment to House Bill 85. Under the current version of the Georgia Constitution, forest land tracts of at least 200 acres can be classified as forest land conservation use property. This property is then valued based on its current use, annual productivity, and real property sales data. Local counties are provided assistance grants to offset the revenue lost from this program based on the land's fair market value in 2008. This resolution revises the provision on calculating revenue reduction for local governments to use fair market value of the property in 2016, updated every three years. The resolution also allows the value of the assistance grants to be increased by general law between 2019 and 2023. The resolution allows the General Assembly to classify separately, real property used for producing trees for timber commercial use. The value of this qualified timberland property will be at least 175% of the property's forest land conservation use value.
House Resolution 279 Single Parent Day Sponsors: Senator M. Williams of the 27th and Rep. Stovall of the 74th This resolution designates March 21st of each year as Single Parent Day.
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STATE AND LOCAL GOVERNMENT OPERATIONS
Senate Bill 262 Deannexation/Annexation: Stockbridge and Eagle's Landing Sponsor: Senator Strickland of the 17th Effective Dates: Part I, January 1, 2019; Parts II and III, upon Governor's approval or upon its becoming law without such approval (Signed on May 8, 2018; Act 559) This legislation deannexes specific territory from the City of Stockbridge on January 1, 2019, which will then be annexed into the City of Eagle's Landing on January 1, 2019, provided that the General Assembly authorizes the creation of the City of Eagle's Landing (SB 263) during the 2018 legislative session and the city's creation is ratified by voters during the 2018 General Primary.
This legislation also annexes certain parcels of unincorporated Henry County into Stockbridge. The annexation will be finalized only if the voters of the territory to be annexed approve of the annexation through a referendum during the 2018 General Primary and the General Assembly authorizes the creation of the City of Eagle's Landing during the 2018 legislative session.
Senate Bill 263 Incorporation of the City of Eagle's Landing Sponsor: Senator Strickland of the 17th Effective Dates: Upon Governor's Approval (Signed on May 8, 2018; Act 548) This legislation proposes the incorporation of the City of Eagle's Landing in Henry County, contingent upon voter approval by the qualified voters of the proposed city during the 2018 general primary. The legislation also establishes the city government structure, its powers and duties, as well as its corporate limits
Senate Bill 397 Disposition of a City's or County's Real Property Sponsor: Senator Watson of the 1st Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 363) This legislation allows cities and counties to retain a Georgia-licensed real estate broker to assist in the disposition of surplus real property. The brokerage services must be procured by Request for Proposal (RFP) which must state the minimum broker qualifications and experience.
House Bill 257 Local Government Authority Registration with with DCA Sponsors: Senator Harper of the 7th and Representative Tankersley of the 160th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 306) Consolidates the date local governing authorities are required to annually register with DCA with
the date they are required to submit their annual report of local government finances to DCA; Prohibits a local governing authority from receiving any state funding until it registers with DCA;
and Prohibits such authority from incurring any additional debt or credit obligations until it submits
its annual financial report with DCA.
STATE INSTITUTIONS & PROPERTY
Senate Resolution 537 Closure of Mitchell Street within Capitol Square Sponsor: Senator Beach of the 21st Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 542) This resolution urges the closing of the portion of Mitchell Street between Washington Street and Capitol Avenue, to all unauthorized vehicular traffic.
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House Resolution 1090 Widening of US Routes 221 and 280 Sponsors: Senator Gooch of the 51st and Representative Watson of the 172nd Effective Date: Upon Governor's Approval (Signed on May 8, 2018; Act 541) This resolution authorizes the widening of US Routes 221 and 280 on property dedicated by the state as a heritage preserve, by authorizing the grant of a revocable license agreement and easement to the Department of Transportation for this purpose.
House Resolution 1103 Conveyance and Lease of State-Owned Real Property Sponsors: Senator Harbison of the 15th and Representative Greene of the 151st Effective Date: Upon Governor's Approval (Signed on May 8, 2018; Act 458) This resolution authorizes the conveyance of state-owned property in the following counties: Baldwin, Bryan Chatham, Dougherty, Fulton, Hall, Jackson, Putnam, Rabun, Rockdale, and White. It also authorizes leases on state-owned property in Cherokee, Fulton, and Muscogee counties.
House Resolution 1104 Authorization of Easements on State-Owned Property Sponsors: Senator Harbison of the 15th and Representative Greene of the 151st Effective Date: Upon Governor's Approval (Signed on May 8, 2018; Act 460) This resolution authorizes the grant of non-exclusive easements in state-owned property located in the following counties: Bartow, Bulloch, Butts, Chatham, Clay, Columbia, DeKalb, Emanuel, Floyd, Forsyth, Fulton, Hall, Harris, Henry, Liberty, Macon, Montgomery, Murray, Richmond, Tattnall, Towns, and White.
TRANSPORTATION
Senate Bill 324 Bridge Contracts Between Local Governments Sponsor: Senator Albers of the 56th Effective Date: July 1, 2018 (Signed on May 7, 2018; Act 437) Current law allows a municipality to contract with the county in which it lies in order to build bridges within the municipality. This bill allows a municipalities to contract with a county abutting the municipality in order to build and maintain bridges which lie in both the municipality and the adjacent county.
Senate Bill 391 Identification Exemption for Transit Sponsor: Senator Beach of the 21st Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 361) This bill exempts buses, other types of motor vehicles, and rapid rail systems being used by the State Road and Tollway Authority to provide transit services from the regulatory and identification requirements for motor carriers and other vehicles which are codified in Chapter 1 of Title 40 of the Official Code of Georgia.
Senate Bill 445 Camping on State Roads; Sale of DOT-Owned Property Sponsor: Senator Gooch of the 51st Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 407) This bill prohibits camping on roads which are part of the state highway system, or any on any other DOT-owned property. Violation of the terms of this bill will result in a criminal misdemeanor charge. Additionally, under current law, when DOT disposes of unneeded remnants or portions of land acquired by the department, it may not sell it for less than fair market value. This bill allows remnants or portions of properties to be sold either through an agent or auction if the highest offer or bid for the property is less than fair market value, but within 15% of fair market value. Further, current law requires parcels that are listed to be listed for three months. The bill reduces this period to 30 days.
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The provisions of this bill also apply to parcels which have been acquired by counties or municipalities. Finally, the bill limits the ability of cities which are or were incorporated between May 1, 2017 and January 1, 2019, to establish or maintain restrictions on portions of the road system providing access to commercial driveways.
Senate Resolution 745 Senate Road Naming Bill Sponsor: Senator Millar of the 40th Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 544) This bill names numerous roads, bridges, intersections, and interchanges in honor of noteworthy Georgians.
House Bill 150 State Road and Tollway Authority and Setoff Debt Collection by the Department of Revenue Sponsors: Senator Dugan of the 30th and Representative A. Powell of the 32nd Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 304) Under current law, when registered vehicle owners fail to pay the proper toll and administrative fees, the matter is referred to the Office of Administrative Hearings (Office). Upon multiple failures to pay such tolls and fees, the Office will subject that person to, in addition to any unpaid tolls and fees, a civil monetary penalty payable to the State Road and Tollway Authority. Also under this bill, the Authority may seek to collect the debt owed through setoff by the Department of Revenue. This bill also removes the sunset provision for using the Consumer Price Index for determining the excise tax and rate taxation of motor fuel.
House Bill 717 Autonomous Vehicles and Consumer Protection Laws Sponsors: Senator Gooch of the 51st and Representative Kelley of the 16th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 331) This bill specifically states that autonomous vehicles will fall under state consumer protection laws, including the Fair Business Practices Act of 1975, The Georgia Motor Vehicle Franchise Practices Act, and the Georgia Lemon Law.
House Bill 930 Mass Transit Services in Georgia Sponsors: Senator Beach of the 21st and Representative Tanner of the 9th Effective Date: (Part I) January 1, 2018; (Section 4-4 of Part IV) July 1, 2021; (All other Parts) Upon Governor's Approval (Signed on May 3, 2018; Act 409) This bill creates the Atlanta-Region Transit Link Authority (ATL) as its own state authority. All transit-related authority currently possessed by Georgia Regional Transit Authority is transferred to the ATL. The bill also creates an optional TSPLOST that counties may adopt via referendum in order to fund transit projects within their jurisdictions. The bill also imposes a sales tax on rideshare services, and creates customized procedures that Fulton, Cobb and Gwinnett Counties may use to contract for transit services within their jurisdictions.
House Resolution 444 House Road Naming Bill Sponsors: Senator Beach of the 21st and Representative McCall of the 33rd Effective Date: July 1, 2018 (Signed on May 8, 2018; Act 539) This bill names roads, bridges, intersections, and interchanges in honor of noteworthy Georgians.
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URBAN AFFAIRS
Senate Bill 356 Georgia Commission on the Holocaust; and Georgia Holocaust Memorial Sponsor: Senator Kirkpatrick of the 32nd Effective Date: Upon Governor's Approval (Signed on May 7, 2018; Act 442) Revises the composition of the Georgia Commission on the Holocaust; Transfers the Commission from the Secretary of State's Office to the Department of Community
Affairs; and Directs the Commission to design, procure, and place a Georgia Holocaust Memorial.
Senate Resolution 685 Freedom Creek Sponsor: Senator Jackson of the 2nd Currently, there is a bed of tidewater on the Georgia coast known as "Runaway Negro Creek." The Division of Archives and History of the University System of Georgia is the Names Authority for this state which the U.S. Board of Geographic Names relies upon for advice for the recording of geographic names in Georgia. This resolution urges the renaming of this entire length of the bed of tidewater as "Freedom Creek." The Division of Archives and History is directed to notify the U.S. Board of Geographic Names of this action.
VETERANS, MILITARY & HOMELAND SECURITY
Senate Bill 395 Georgia Joint Defense Commission; and the Defense Community Economic Development Grant Program Sponsor: Senator Watson of the 1st Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 399) This legislation creates the Georgia Joint Defense Commission to: Advise the Governor and the General Assembly on defense and military issues within the state
and nationally; Recommend policies and plans that support the long-term viability and development of the
military in Georgia; Develop methods to assist defense-dependent communities in the design and execution of
programs that enhance each community's relationship with military installations and defenserelated businesses; and Serve as a task force to seek advice on and prepare for potential realignment or closures of military installations in Georgia.
This bill also repeals the Defense Community Economic Development Fund, and replaces it with the Defense Community Economic Development Grant Program. The Grant Program's purpose is to award grants to assist military communities with any project or activity that promotes a military installation, including, but not limited to the promotion of recruitment, expansion, or retention of jobs at such military installation or within the military community in which it is located; or preparation for any Base Closure and Realignment Commission (BRAC) review. Military communities receiving these grants must match the awarded funds.
House Bill 287 Gold Star License Plate Sponsors: Senator Kirkpatrick of the 32nd and Representative Kirby of the 114th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 307) Under current law, and upon application, one free Gold Star license plate is issued to eligible family members of a fallen service member. This legislation allows eligible family members to receive up to two free Gold Star license plates. Eligible family members must be related to the fallen service member as the spouse, mother, father, sibling, child, stepparent, or surviving spouse of such service member's sibling.
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House Bill 309 Organized Militia Exempt from Certain Liability Sponsors: Senator Kirkpatrick 32nd and Representative Barr of the 103rd Effective Date: Upon Governor's Approval (Signed on May 3, 2018; Act 309) Under current law, the State is exempt from any liability for losses resulting from the activities of the Georgia National Guard when engaged in State or Federal training or duty, with the exception of vehicular accidents. This legislation clarifies this exemption by specifically exempting the activities of the organized militia. The organized militia consists of the Army and Air National Guard, the Georgia Naval Militia, and the State Defense Force.
House Bill 422 Georgia Veterans Service Foundation, Inc. Sponsors: Senator Watson of the 1st and Representative Hitchens of the 161st Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 313) This legislation authorizes the Veterans Service Board to establish a nonprofit corporation designated as the Georgia Veterans Service Foundation, Inc. which will qualify as a public foundation under Section 501(c)(3) of the Internal Revenue Code. The Foundation's purpose is to actively seek supplemental funds and in-kind goods, services, and property to promote Georgia's state war veterans' homes and veterans' cemeteries and for any other purpose of the Veterans Service Board. Funds received by the Foundation may be conveyed to the Department of Veterans Service (DVS) or awarded through a competitive grant process administered by the Veterans Service Board.
House Bill 700 Georgia National Guard Service Cancelable Loan Sponsors: Senator Watson of the 1st and Representative Belton of the 112th Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 328) Under current law, the Georgia Student Finance Authority (GSFA) is authorized to make service cancelable educational loans to eligible members of the Georgia National Guard. This legislation makes several revisions to this program, the most significant of which include the following: Eligible members of the Georgia National Guard no longer have to be a Georgia resident; Loan assistance can be applied to any public or private degree program, including graduate
degrees, up to a total of 120 semester hours. Under current law, only undergraduate coursework qualifies for loan cancellation; Under current law, a student must be enrolled on at least a half-time basis in order to qualify for loan assistance. This bill expands eligibility to part-time enrollment; Applicants must now complete a Free Application for Federal Student Aid and apply for all other available grants, scholarships, tuition assistance, and U.S. Department of Veterans Affairs (VA) educational benefits prior to applying for a service cancelable loan; When combined with financial aid and VA education benefits, a service cancelable loan must not exceed an amount equal to the student's actual tuition or the highest undergraduate in-state tuition charged by Georgia public university, whichever is less; Under current law, GSFA may, at its discretion, suspend the loan if the recipient fails to maintain good military standing in the National Guard or academically. This legislation requires GSFA to automatically suspend the loan for one of these failures. Moreover, the loan must then be repaid with interest by the recipient; and Under current law, in order for the loan to be canceled, the recipient must remain in good standing as an eligible member of the Georgia National Guard during the term in which the student received the loan. This bill now requires the recipient to remain in the Guard and in good standing for at least two years after leaving school. However, the two-year requirement may be waived by the Adjutant General for good cause according to applicable regulations of the Georgia National Guard.
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House Bill 840 Military Service in a Combat Zone; Provide Tax Penalty Exemption Sponsors: Senator Kirkpatrick of the 32nd and Representative Hitchens of the 161st Effective Date: July 1, 2018 (Signed on May 3, 2018; Act 377) Current law imposes specific financial penalties for anyone failing to pay their special, occupation, or sales tax or professional license fee within 90 days of its due date. Under this legislation, military service members who default on paying such taxes and fees as a result of serving in a combat zone are exempt from having to pay any financial penalty. The default must not be due to gross or willful neglect or disregard of the law and the service member must provide proof of such military service and make full payment of taxes due within 60 days of their return from deployment.
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LEGISLATION CREATING STUDY COMMITTEES
Joint Study Committees SR 794 Joint Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission
Sponsors: Senator Miller of the 49th and Representative Morris of the 26th
HR 898 Joint Study Committee on the Establishment of a State Accreditation Process Sponsors: Representative Coleman of the 97th and Senator Tippins of the 37th
HB 65 Joint Study Commission on Low THC Medical Oil Access Sponsors: Senator Brass of the 28th and Representative Peake of the 141st
Senate Study Committees SR 467 Senate Study Committee on Service Animals for Physically or Mentally Impaired Persons
Sponsor: Senator Unterman of the 45th
SR 484 Senate Study Committee on Creating a Lottery Game to Benefit Veterans
Sponsor: Senator Harbison of the 15th
SR 489 Senate Study Committee on Prescribing Patterns for Antidepressants and Other Psychotropic Medications
Sponsor: Senator Ligon of the 3rd
SR 503 Senate African American History and Culture Study Committee
Sponsor: Senator Jackson of the 2nd
SR 506 Senate Study Committee on the Excessive and Duplicative Regulatory Oversight of Community Based Intellectual and Developmental Disability (IDD)
Sponsor: Senator Dugan of the 30th
SR 761 Senate Study Committee on Dyslexia
Sponsor: Senator Millar of the 40th
SR 832 Senate Study Committee on Risks Associated with Kratom
Sponsor: Senator Mullis of the 53rd
SR 882 Senate Hartsfield-Jackson Atlanta International Airport Operations and Authority Creation Study Committee
Sponsor: Senator Jones of the 25th
SR 914 Senate Emergency Pursuits By Law Enforcement Officers Study Committee
Sponsor: Senator Davenport of the 44th
SR 935 Senate School Safety Study Committee
Sponsor: Senator Albers of the 56th
SR 977 Senate Study Committee on Historically Black Colleges and Universities
Sponsor: Senator Williams of the 39th
SR 995 Senate Study Committee on Combat Sports
Sponsor: Senator Beach of the 21st
SR 1019 Senate Advanced Communications Technologies and Use of State and Local Government Right of Way Policy Modernization Study Committee
Sponsor: Senator Ginn of the 47th
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SR 1049 Senate Cross Media Development Study Committee
Sponsor: Senator James of the 35th
SR 1063 Senate Study Committee on Certificate of Need Reform
Sponsor: Senator Watson of the 1st
SR 1064 Senate Study Committee on Continual Audit Exceptions on Local School Systems
Sponsor: Senator Sims of the 12th
SR 1067 Senate Study Committee on the Financial Impact of Atlanta Annexation on Schools
Sponsor: Senator Jones of the 10th
SR 1068 Senate Study Committee on Evaluating the School Year Calendar of Georgia Public Schools
Sponsor: Senator Gooch of the 51st
VETOED LEGISLATION
The following general bills were vetoed by Governor Nathan Deal on May 8, 2018. For a complete list of vetoes as well as the issued Veto Statements, please visit the Governor's website at: https://gov.georgia.gov/press-releases/2018-05-08/deal-issues-2018-veto-statements.
House Bill 354 Georgia International and Maritime Trade Center Authority
Sponsors: Senator Watson of the 1st and Representative Stephens of the 164th
House Bill 410 Condominiums and Purchaser Fees
Sponsors: Senator Ligon of the 3rd and Rep. A. Powell of the 32nd
House Bill 441 Qualified Self-Settled Spendthrift Trusts
Sponsors: Senator Cowsert of the 46th and Representative Fleming of the 121st
House Bill 754 Dividing Domestic Insurers
Sponsors: Senator Martin of the 9th and Representative Shaw of the 176th
House Bill 795 Georgia Department of Labor; Criminal Background Checks; and Abolish Certain Positions at the State Board of Workers' Compensation
Sponsors: Senator Martin of the 9th and Representative Gravley of the 67th
House Bill 995 Consultants to Develop Bids
Sponsors: Senator L. Anderson of the 2rth and Representative Newton of the 123rd
Senate Bill 315 Criminalizing Unauthorized Computer Access Sponsor: Senator B. Thompson of the 14th
Senate Bill 338 Georgia Administrative Procedure Sponsor: Senator Ligon of the 3rd
Senate Bill 342 Automobile Registration Revalidation Decals Sponsor: Senator Harbin of the 16th
Senate Bill 357 The Health Act Sponsor: Senator Burke of the 11th
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