Citizen Whip Report Legislative Day 33

“No man’s life, liberty, or property are safe while the legislature is in session.” — Mark Twain

Governor Kemp’s tort reform package will be voted on in the House today. Hold on to your butts.

House Bills Being Voted On

HB 252 – Conveyance of Municipal Property to Independent School Systems

• Primary Sponsor: Halpern (39th)
• Committee Assignment: Intragovernmental Coordination
• Summary:
  This bill allows municipal governments to transfer property interests to independent school systems. It ensures that any municipal property conveyed for educational purposes must be replaced by the municipality with an equivalent or greater acreage for public use.
• Definitions & Key Terms:
  • Municipal Property Interests: Real estate owned by city governments, including parks and recreational areas.
  • Independent School Systems: School districts that operate separately from county school districts.
• New Requirements or Changes to Existing Law:
  • Cities can sell, exchange, lease, or grant easements over recreational property to school systems.
  • If a municipality conveys property, it must replace it with equivalent or greater public-use property.
• Who is Affected & How:
  • Local governments gain flexibility in property management.
  • Independent school systems gain access to more land for educational purposes.
  • Residents benefit from the requirement that public land be replaced.
• Penalties & Enforcement:
  • Compliance is ensured through municipal oversight and legal provisions.
• Implementation & Effective Date:
  • Effective upon passage.
    

HB 68 – Civil Practice, Motor Vehicle Laws, and Tort Reforms

• Primary Sponsor: Kennedy (18th)
• Committee Assignment: Rules
• Summary:
  A comprehensive revision of laws governing civil practice, torts, and motor vehicle liability. The bill includes provisions for trial procedures, the apportionment of damages, and limitations on evidence related to noneconomic damages.
• Definitions & Key Terms:
  • Noneconomic Damages: Compensation for pain, suffering, and emotional distress.
  • Negligent Security: Liability for inadequate safety measures leading to harm from third-party criminal acts.
  • Special Damages: Compensation for quantifiable losses like medical expenses.
• New Requirements or Changes to Existing Law:
  • Limits arguments regarding noneconomic damages during trials.
  • Establishes rules for liability and apportionment of fault in negligent security cases.
  • Allows seatbelt evidence in court to reduce damages in certain motor vehicle cases.
  • Provides stricter rules on medical expense recovery in personal injury claims.
• Who is Affected & How:
  • Plaintiffs in personal injury cases may see reduced awards for pain and suffering.
  • Business owners and property managers gain clarity on liability for criminal acts.
  • Motorists may have their seatbelt usage considered in damage calculations.
• Penalties & Enforcement:
  • Courts will determine compliance with new procedural rules.
• Implementation & Effective Date:
  • Effective upon passage, with some provisions applying retroactively.
    

HB 153 – Code Revision and Modernization

• Primary Sponsor: B. Hatchett (50th)
• Committee Assignment: Code Revision
• Summary:
  This bill updates the Official Code of Georgia Annotated by correcting errors, modernizing language, and repealing obsolete laws. It also codifies judicial interpretations of existing statutes.
• Definitions & Key Terms:
  • Code Revision Commission: The state body responsible for maintaining the legal code.
  • Obsolete Laws: Laws that have been superseded, declared unconstitutional, or rendered irrelevant.
• New Requirements or Changes to Existing Law:
  • Various statutory corrections and updates.
  • Removal of outdated or redundant laws.
• Who is Affected & How:
  • Legal professionals will work with a more accurate and streamlined code.
  • Courts and government agencies will follow updated laws.
• Penalties & Enforcement:
  • No direct penalties, as this is a technical update.
• Implementation & Effective Date:
  • Effective upon passage.
    

Senate Bills Being Considered

HB 111 – Reduction of Georgia Income Tax Rate

• Primary Sponsor: Hong (103rd)
• Committee Assignment: Senate Finance
• Summary:
  The bill lowers the state income tax rate and sets up a mechanism for further gradual reductions, contingent on state revenue growth and budget reserves.
• Definitions & Key Terms:
  • State Income Tax Rate: The percentage of taxable income owed to the state government.
  • Revenue Shortfall Reserve: The state’s financial cushion for economic downturns.
• New Requirements or Changes to Existing Law:
  • Reduces income tax rate from 5.39% to 5.19% starting January 1, 2025.
  • Allows 0.10% reductions annually until reaching 4.99%, contingent upon revenue growth benchmarks.
• Who is Affected & How:
  • Georgia taxpayers benefit from a lower tax burden.
  • Future state budgets may adjust spending to accommodate tax cuts.
• Implementation & Effective Date:
  • Effective July 1, 2025, applies to taxable years beginning on or after January 1, 2025.
    

HB 112 – One-Time Income Tax Credit for 2023-2024 Filers

• Primary Sponsor: McDonald III (26th)
• Committee Assignment: Senate Finance
• Summary:
  Provides a one-time income tax refund for taxpayers who filed returns for both 2023 and 2024.
• Definitions & Key Terms:
  • Qualified Taxpayer: A person who filed Georgia income tax returns for both 2023 and 2024.
• New Requirements or Changes to Existing Law:
  • Refund amount depends on tax liability and filing status:
    • $250 for single filers.
    • $375 for heads of household.
    • $500 for married couples filing jointly.
  • Refunds automatically credited upon 2024 return filing.
• Who is Affected & How:
  • Taxpayers receive a one-time refund, reducing personal tax burdens.
• Implementation & Effective Date:
  • Effective immediately upon approval by the Governor.
    

HR 42 – Ratification of Fuel Tax Suspension Orders

• Primary Sponsor: Gambill (15th)
• Committee Assignment: Senate Transportation
• Summary:
  Ratifies Governor Kemp’s executive orders suspending the collection of motor fuel and diesel taxes due to the state of emergency from Tropical Storm Helene.
• Definitions & Key Terms:
  • State of Emergency: A legal declaration allowing temporary executive action.
  • Fuel Tax Suspension: A pause on taxes levied on gasoline and diesel sales.
• New Requirements or Changes to Existing Law:
  • Formally approves past executive orders:
    • Executive Order No. 10.01.24.02
    • Executive Order No. 10.08.24.01
    • Executive Order No. 10.15.24.01
• Who is Affected & How:
  • Motorists and businesses saved on fuel costs during the tax suspension.
  • The state temporarily lost revenue from fuel tax collections.
• Implementation & Effective Date:
  • Immediate upon passage.
    

HB 423 – Next Generation 9-1-1 System Implementation

• Primary Sponsor: Wade (9th)
• Committee Assignment: Senate Public Safety
• Summary:
  Updates Georgia’s 9-1-1 system to integrate Next Generation 9-1-1 (NG911), improving emergency response capabilities statewide.
• Definitions & Key Terms:
  • NG911: A digital, internet-based emergency call system allowing multimedia communication.
  • ESInet: An emergency services IP network for handling 9-1-1 calls.
• New Requirements or Changes to Existing Law:
  • Requires all new 9-1-1 systems to conform to NG911 standards.
  • Expands the Georgia Emergency Communications Authority’s authority.
  • Mandates state coordination on emergency medical dispatch and GIS data for 9-1-1 mapping.
• Who is Affected & How:
  • Emergency responders receive faster, more precise information.
  • Citizens benefit from improved 9-1-1 response capabilities.
• Implementation & Effective Date:
  • Effective upon passage, full compliance by July 1, 2025.
    

HB 406 – Georgia Judicial Retirement System Changes

• Primary Sponsor: Leverett (123rd)
• Committee Assignment: Senate Retirement
• Summary:
  Revises the Georgia Judicial Retirement System, adjusting benefit calculations for superior court judges and creating new retirement rules for future members.
• Definitions & Key Terms:
  • Judicial Retirement System: Pension program for Georgia judges.
  • Creditable Service: Years of work used to determine pension eligibility.
• New Requirements or Changes to Existing Law:
  • Judges may retire at age 65 with full benefits.
  • Future members’ benefits will be based on updated formulas.
• Who is Affected & How:
  • Current judges see changes to pension eligibility.
  • Future judges have modified benefit structures.
• Implementation & Effective Date:
  • Upon passage.
    

HB 55 – Additional Superior Court Judge for Alapaha Circuit

• Primary Sponsor: Ford (170)
• Committee Assignment: Senate Judiciary
• Summary:
  Adds one new superior court judge to the Alapaha Judicial Circuit, expanding the number from two to three.
• New Requirements or Changes to Existing Law:
  • Governor appoints the first judge for a term beginning January 1, 2026.
  • Future judges are elected every four years in nonpartisan judicial elections.
• Who is Affected & How:
  • Courts in the Alapaha Circuit will handle cases faster with more judicial capacity.
• Implementation & Effective Date:
  • January 1, 2026 for judge appointment.
    

HB 161 – Cyber Threat & Domestic Terrorism Revisions

• Primary Sponsor: Crowe (118)
• Committee Assignment: Senate Judiciary
• Summary:
  Grants the Georgia Bureau of Investigation (GBI) the power to subpoena electronic communication records for cyber threat investigations and redefines domestic terrorism under state law.
• Definitions & Key Terms:
  • Cyber-Enabled Threats: Online activities that threaten life or property.
  • Domestic Terrorism: Expanded definition to cover attacks on infrastructure and economic disruptions.
• New Requirements or Changes to Existing Law:
  • GBI can issue subpoenas without a court order for electronic records.
  • Expands domestic terrorism definitions and penalties.
• Who is Affected & How:
  • Law enforcement gains stronger investigative tools for cybercrimes.
  • Civil liberties groups may challenge the expanded subpoena power.
• Implementation & Effective Date:
  • Immediate upon passage.
    

HB 614 – Local Government Control Over Fireworks Near Equine Facilities

• Primary Sponsor: Jones (47)
• Committee Assignment: Senate State and Local Government Operations
• Summary:
  Authorizes local governments to ban fireworks within 200 yards of horse facilities.
• Who is Affected & How:
  • Horse owners gain legal protection from fireworks disturbances.
  • Local governments get new zoning authority over fireworks.
• Implementation & Effective Date:
  • Upon passage.