Yesterday in the Georgia Legislature – Feb 23, 2023

This is an informal rundown of the legislative happenings. This update is from the most recent legislative day – 02/23/23, or Day 23

All of these bills now head to the Senate for consideration.

HB 36 – Rep. Chuck Martin
LINK →  https://www.legis.ga.gov/legislation/63530 
WHAT IT DOES:

• Addresses county equalization boards under OCGA 48-5-311
  • If the personal property is of a value more than $200,000, the property owner can appeal directly to a hearing officer
• Addresses notices for tax assessments under OCGA 48-5-306
  • Requires that a description of the appeal process if a property value (FMV) is more than $200,000 is available and what that process is. 
  • Gives specific language for how the notice must appear.

CONCERN: $200,o00 is an arbitrary number that suggests only certain people have enough skin in the game to warrant a direct process for remedy when there is a property-owner presumed error.
PASSED: 170-0

HB 95 – Rep. David Knight
LINK → https://www.legis.ga.gov/legislation/63703 
WHAT IT DOES:

• Annual update to bring IRS code updates into Georgia tax code.

CONCERN: None.
PASSED: 172-0

HB 138 – Rep. Clint Crowe
LINK → https://www.legis.ga.gov/legislation/63768 
WHAT IT DOES:

• Addresses code section about county populations for homestead exemptions.
• Changes the population brackets to increase by ~2,000 and with respect to 2020 Census
  • Old law – 23,500 and 23,675 in 2010 Census
  • This bill – 25,400 and 25,500 on the 2020 Census

CONCERN: None.
PASSED: 170-1 (Frye)

HB 142 – Rep. Mesha Mainor
LINK → https://www.legis.ga.gov/legislation/63772 
WHAT IT DOES:

• Addresses code section about campus police officers
• Expands definition of ‘campus’ to include specificity to ‘the grounds and buildings owned or occupied by any college or university that  has entered into a united police force agreement’
• Adds definition to create ‘United police force agreement’
  • Which means when 2 or more colleges/universities have created an agreement to share campus police and resources
• Then gives authority to ‘unified police forces’ to police the jurisdiction in accordance with the agreement so long as they are also certified PEACE officers under the law
  • Ex: UGA has a satellite campus near Georgia Southern’s Savannah campus. There are no UGA resources but there is a GSU police force. They can enter into an agreement, share resources, and then GSU police can patrol that UGA facility and have the same powers/authorities. 

CONCERN: Meh.
PASSED: 157-2 (Donehoo & Horner)

HB 162 – Rep. Lauren McDonald
LINK → https://www.legis.ga.gov/legislation/63829 
WHAT IT DOES:

• Creates a one-time income tax refund equal the lesser of:
  • 2021 income tax liability or 
  • $250 for single
  • $375 for head of household
  • $500 for married couples on joint returns 
• Not available:
  • nonresident alien individuals
  • individuals claimed as a dependent during the 2021 and 2022 tax years 
  • an estate 
  • a trust

CONCERN:
PASSED: 170-2 (Frye & Al Williams)

HB 165 – Rep. Kimberly New
LINK → https://www.legis.ga.gov/legislation/63832 
WHAT IT DOES:

• Would prohibit disclosure of DNR records pertaining to “location or character of a historic resource” if Georgia DNR determines it would be a threat to:
  • may create a substantial risk of harm, theft, or destruction to  such historic resource, or any property, real or personal, at or near the location of the  historic resource;

CONCERN: 

• The risks outlined in the bill do not outweigh the substantial demand for transparency in government. In what universe is it OK for only the government to know something (outside of protection of life like school safety plans for active shooter, etc) 
• There is an inherent risk in everything – mere existence. Someone knowing where the Capitol is could subject the Capitol to additional threats and destruction than if they didn’t know where it was, but we don’t keep it a secret. 
• This is the epitome of ‘we investigated ourselves and found no wrongdoing.’ “We determined we only want the government to know so only the government will know.”
• Also, ‘any property NEAR the location’…it doesn’t even define what is ‘near’ – how near is near?
  PASSED: 169-1 (Carpenter)

HB 222– Rep. Eddie Lumsden
LINK: https://www.legis.ga.gov/legislation/63976
WHAT THE BILL DOES::

• Makes changes to the Department of Insurance operations, such as:
  • cleaning up language about what ‘property insurance is’ – limiting the definition to a product that is sold to consumers only
  • giving the Insurance Commissioner the authority to allow someone who was previously refused a license for insurance brokerage to apply within the 1 year window following the refusal
  • cleans up code language about the disclaimer insurance adjusters must utilize and where with regard to any direct or indirect interests

CONCERN: The office can’t have any more corruption/ethical concerns than it already does, given that the last IC is in federal prison and the one before him probably should be. The clean up language seems to lack an issue but giving the IC more authority is problematic because there are practices in place with board members who are utilized to be a gap between the applicant and the IC, who receives donations.
PASSED: 167-0

HB 319- Rep. Chuck Martin
LINK → https://www.legis.ga.gov/legislation/64165 
WHAT IT DOES:

• Abolishes the Georgia Higher Education Assistance Corporation as of June 30, 2024
  • Transfers any outstanding assets and obligations to Georgia Student Finance Authority
• Removes all references to the bill in the code.

CONCERN: None.
PASSED: 171-0

HB 422 – James Burchett
LINK –>https://www.legis.ga.gov/legislation/64439
WHAT IT DOES:

• Makes changes to the Ware County Board of Elections and how members are appointed.

CONCERN:
PASSED: 96-68

HR 66 – Rep. Matthew Gambill
LINK → https://www.legis.ga.gov/legislation/63774 
WHAT IT DOES:

• Ratifies Kemp’s previous EO’s on gas and diesel fuel taxes

CONCERN: None, other than it shows the weakness of the power of Executive Orders if the legislature has to come behind the Governor and ‘make it real.’
PASSED: 170-0