This is an informal rundown of the legislative happenings. This update is from the most recent legislative day – 03/20/23, or Day 36.
SB 42 – Sen. Mike Hodges
LINK: https://www.legis.ga.gov/legislation/63732
PASSED THE SENATE: 51-1 (Moore)
WHAT IT DOES:
- Changes the law for the existing Human Trafficking Resource Hotline postings that are required in some business establishments.
- Currently, the noncompliance for posting of the line is ‘not to exceed $500 for first offense and not to exceed $5000’ for subsequent offenses
- This changes it to a minimum of $500 to maximum of $1,000 for first offense
- This changes it to AT LEAST $1,000 and not more than $5,000, so the noncompliant parties can’t get away with being charged with nothing by their government.
CONCERN: This does nothing to stop or reduce Human Trafficking, all it does it collect money for the government.
PASSED THE HOUSE: 167-0
SB 44 – Sen. Bo Hatchett
LINK: https://www.legis.ga.gov/legislation/63781
Substitute: https://www.legis.ga.gov/api/legislation/document/20232024/217820
PASSED THE SENATE: 31-22
WHAT IT DOES:
- Extends the definition of gang recruitment to include “directly, or through another acting upon such person’s direction”
- Defines ‘dangerous weapon’ ‘firearm’ ‘hazardous object’ and ‘gang leader’
- Makes it a felony to recruit a minor into a gang with a term of 10-20 years in prison. If there is more than one charge, they must be served consecutively.
- 15-25 years for the second time
- Allows the DA to push for reduced sentencing if they snitch and give up accomplices
- Requires a judge to specify on the record why they deviate from the mandatory minimum (which should be the constitution – since the separation of branches of government is a great founding reasoning to deviate from the legislature)
CONCERN: A really stupid idea. This won’t deter anyone, only punishes on the back end. Also, gangs are cultural. Do you know what the largest breeding ground for recruitment is for gangs? Prisons. Additionally, Georgia spent years moving away from mandatory minimums because the Georgia legislature is completely unqualified to be determining such (it’s an encroachment on the judicial branch) and all they’ve done over the last 5 years is erode that progress.
PASSED THE HOUSE: 99-74
SB 59 – Sen. Bo Hatchett
LINK: https://www.legis.ga.gov/legislation/63805
PASSED THE SENATE: 54-0
WHAT IT DOES:
- Creates new code section – OCGA 45-12-210 and establishes Office of the Inspector General
- assigned to the Office of the Governor for administrative purposes
- Jurisdiction is all state agencies or person/agency receiving state funding
- Jurisidictioin for investigations includes: fraud, waste, or corruption
- Not in competition with AG, just in addition to
- IG appointed by Governor through June 30, 2023, subject to Senate confirmation
- Then new appointee on July 1, 2023 for 6 year term
CONCERN: This is a lot of power to the executive branch, especially with 6 year terms – beyond the term of a single governor, which could easily inhibit investigations of bad acts by past administrations by future administrations.
PASSED THE HOUSE: 171-2
SB 61 – Sen. Brian Strickland(added from Supplemental during 3/20 Rules)
LINK: https://www.legis.ga.gov/legislation/63803
PASSED THE SENATE: 54-1
WHAT IT DOES:
- Eliminates sunset on sick leave law that lets people used earned sick leave to care for other immediate family members who are also sick
CONCERN: This was never the proper role of government. The legislature has no business telling private businesses that they cannot prohibit employees from using SICK leave for something that is not SICK leave.
PASSED THE HOUSE: 172-1
SB 149 – Sen. John Albers (Postponed from Day 36)
LINK: https://www.legis.ga.gov/legislation/64232
Substitute: https://www.legis.ga.gov/api/legislation/document/20232024/217822
PASSED THE SENATE: 51-3
WHAT IT DOES:
- Creates the “Door to Door Sales Act”
- Defines solicitation as sales/lease where purchase is made other than seller’s place of business and includes
- Payment of $10,000+
- A lease longer than 120 months
- Is eligible or is alleged to be eligible for tax credits
- Defines business day as any day but Sat, Sun and federal holidays
- Requires a fully completed receipt and contract at time of execution of purchase that includes:
- Same language as used in oral part of the sale
- Date of transaction and name of the seller
- Be size 10 font or larger
- Contain the phrase: “You, the buyer, may cancel this transaction at any time prior to midnight of the thirtieth business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.”
- Provide a copy of the cancellation notice that includes
- 30 days cancellation
- All payments made by buyer before cancellation will be returned
- Buyer can keep the goods if they’re not picked up by seller within 20 days of cancellation
- Sellers name and address for sending cancellation notices
- Cancellation can be done by midnight on 30th business day
- Prohibits companies from forwarding purchase info to third party or financing company until the 2nd day after the end of the 30 day cancellation window
- None of the new code section applies to:
- Car auctions
- Food and crafts sold at carnivals and fairs
- Anything sold at an event sponsored by the government or a nonprofit
CONCERN: The arbitrary months for the term of the lease and the baseline of $10,000 and up make a decision of who is safe and who is not from government regulation…By the government. It’s almost as if a specific industry is being targeted under the guise of generalized sales. It’s unfortunate that people get scammed but that’s their problem, not the government’s. Additionally, it’s not the proper role of government to say a business can’t keep a portion of the payment made for cancellation. Hair stylists do this, cake bakers, some general contractors, etc (even if work is not performed) and they aren’t punished by the state.
PASSED THE HOUSE: 160-1
SB 90 – Sen. Clint Dixon (added from Supplemental during 3/20 Rules)
LINK: https://www.legis.ga.gov/legislation/64004
Substitute: https://www.legis.ga.gov/api/legislation/document/20232024/217808
PASSED THE SENATE: 52-1 (Moore)
WHAT IT DOES:
- Creates a new code section on brokerage engagements under the Fair Business Practices Act
- Requires that brokerage contracts be written agreements
- Outlines a list of disclosures a financing agreement entails (including total fund amounts and terms)
- Bars a broker from eliciting advance payments and soliciting advance fees and from making false or misrepresenting statements about what is to be offered
- Gives attorney general purview and jurisdiction to bring action
- Outlines how solicitation mail must be formatted
- Does not include personal, family or household transaction purposes
- Purpose of the transaction need only be verified by a statement notating the intended purpose of the individual
CONCERN: not the proper role of government
PASSED THE HOUSE: 163-9
SB 93 – Sen. Jason Anivitarte(added from Supplemental during 3/20 Rules)
LINK: https://www.legis.ga.gov/legislation/64009
PASSED THE SENATE:50-0
WHAT IT DOES:
- TikTok Ban (as well as any app/site by a company that is 10%+ owned by foreign adversary
- List of companies and sites is defined by Georgia Technology Authority so employees are fully aware
- Only applies to state devices
CONCERN: None. They shouldn’t be allowed to visit any social media sites. Work only.
PASSED THE HOUSE: 174-0
SB 181 – Sen. Chuck Payne
LINK: https://www.legis.ga.gov/legislation/64417
PASSED THE SENATE: 54-0
WHAT IT DOES:
- Addresses the Georgia Technology Authority and fingerprinting and background checks of all current and prospective employees, contractors, subcontractors, and people with access to federal or state filed tax documents.
- Gives the authority TO the GTA to be able to conduct these background provisions and allows them to also use the information collected in the process to determine employment/contract status etc.
CONCERN: None.
PASSED THE HOUSE: 174-0
SB 223 – Sen. Ben Watson
LINK: https://www.legis.ga.gov/legislation/64654
PASSED THE SENATE: 53-1 (Moore)
WHAT IT DOES:
- Creates a new code section about cancer clinical trials.
- Requires sponsors of trials to provide information on whether or not travel and other costs will be reimbursed as part of the trial (including for those who may just travel with patient for support)
- The legislation makes a hardline statement that reimbursements are provided to “eliminate financial barriers to enrollment” and will not be considered an undue inducement or coercive.
- Allows nonprofits and other organizations to provide assistance as well
- Any documents on payments/reimbursements are to be reviewed by federal institutions before provided to patients or potential patients.
CONCERN: Not the proper role of government, especially when an individual is electing to voluntarily partake in a trial.
PASSED THE HOUSE: 170-0
