Georgia Junior Reserve Officer Training Corps Cadets pose for a photo in the South Wing of the State Capitol on Tuesday.

Many of the skirmishes fought under the Gold Dome each year are turf wars, sometimes literally. A perennial favorite is the dispute over Georgia’s northern border, which Representative Martin Momtahan (R-Dallas) is seeking to address through a proposed Joint Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission (HR 132). Then there were the Georgia Junior Reserve Officer Training Corps Cadets that occupied the South Wing steps on Tuesday morning, sending lawmakers and lobbyists around the building seeking alternate routes. But one needs to look no further than the construction site across the street from the Georgia State Capitol to find what may be the next battleground. Through SR 95, Senator Greg Dolezal (R-Cumming) proposes to name the forthcoming legislative office building for former Governor and current Chancellor Sonny Perdue. We expect legislators to have thoughts — and possibly alternative honorees — as the proposal is vetted over the next few weeks. Count on us to have the after-action reports in the #GoldDomeReport.

In this Report:

• Committee Notes
• New Legislation
• What’s Next

Committee Notes

Senate Judiciary Committee

The Senate Judiciary Committee, chaired by Senator Brian Strickland (R-McDonough), convened for its first meeting of the year on Monday afternoon. After adopting its rules, the committee heard the following measures:

• SB 9, authored by Senator John Albers (R-Alpharetta), is the "Ensuring Accountability for Illegal AI Activities Act". The bill amends Titles 16 and 17 to target the distribution of obscene material generated by artificial intelligence (AI) and enhance penalties for crimes involving AI. It creates a new offense for distributing computer-generated obscene material depicting a child, defined as anyone under 16 years old. It sets a standard for determining obscenity, focusing on community standards and the material's lack of serious value. The bill also defines an "artificial intelligence system" and lists various offenses, including stalking and exploitation, that qualify for enhanced penalties if AI is used.

Senator Albers presented the bill to the committee. Mike Griffin of the Georgia Baptist Mission Board and Mason Rainey of the Technology Association of Georgia spoke in favor of the bill. Thomas Weaver and the Georgia Association of Criminal Defense Lawyers expressed concerns about the bill. After a lengthy discussion of the details and potential implications of the bill, Chairman Strickland asked the author to work on a substitute to address concerns for later consideration. No action was taken on the bill.

• SB 12, authored by Senator Frank Ginn (R-Danielsville), amends Title 50 to revise provisions in Georgia’s open records statutes related to documents and records in the possession of private persons or entities. Specifically, the bill ensures that open records requests go only to public entities, not their private contractors.

Senator Ginn presented the bill to the committee as a substitute (LC 47 3296S), explaining that it responds to a recent Georgia Supreme Court decision imposing open records act requirements on a contractor for Georgia Tech. Rusi Patel of the Georgia Municipal Association further explained the bill and expressed support. Senator Blake Tillery (R-Vidalia) expressed concern about instances where government entities are outsourcing government functions and whether governments might begin contracting out certain functions to avoid open records. The Georgia First Amendment Foundation appeared in opposition to the bill.

Senate Education and Youth Committee

The Senate Education and Youth Committee, chaired by Senator Billy Hickman (R-Statesboro), met on Tuesday afternoon to hear the following measures:

• SB 22, authored by Senator Blake Tillery (R-Vidalia), amends Title 20 to require the Department of Education to publish relevant and applicable federal guidance documents and related information. Specifically, the bill requires the Department to disclose federal guidance that it receives and how it intends to implement such guidance.

Senator Tillery presented the bill to the committee, explaining that it is driven by a concern that federal guidance for educational funding may not match the underlying federal legislation authorizing the funding. It was modeled after legislation in Tennessee that was brought to Senator Tillery by the Georgia Public Policy Foundation. Kennedy Atkins from the Georgia Public Policy Foundation spoke in favor of the legislation. The committee recommended the bill DO PASS and be sent to the Rules Committee.

• SB 44, authored by Senator Sam Watson (R-Moultrie), amends Title 20 to revise the definition of a "qualified local school system" by reducing the minimum required millage rate or effective millage rate from 14 mills to 10 mills for purposes of equalization. Additionally, the bill introduces a provision for a 25% reduction in equalization grant awards for school systems that fail to meet the new minimum millage rate requirement.

Senator Watson presented the bill to the committee, explaining that there are local school districts that want to reduce their millage but are not incentivized to do so because of the 14 mill minimum that must be maintained to receive equalization. Senator Greg Dolezal (R-Cumming) asked whether the committee should consider doing away with the minimum altogether. The committee recommended the bill DO PASS and be sent to the Rules Committee.

Senate Insurance and Labor Committee

In a packed, blazing-hot meeting room, Chairman Larry Walker (R-Perry) and the Insurance and Labor Committee took up two proposals:

• SB 35, authored by Chairman Walker, amends notice provisions in Title 33 that are to be required to be given to homeowners in the event of non-renewal of their policy. Currently, insurers are to provide a 30-day notice sent via United States Mail. This legislation seeks to move the notice out to 60 days in part due to the overwhelming numbers of non-renewals that agents are seeing and the slowness of the United States Mail. The bill before the committee was a substitute to address the effectiveness date. Originally, if passed and signed, the legislation would take effect on July 1, 2025. The new version moves that out to Jan. 1, 2026, to allow the insurance carriers time to implement in their systems the new date. There were some questions concerning whether 60 days was long enough or if it should be longer; other questions were whether the notices could be sent via electronic means to an email address (Senator Walker argued that not everyone had an email address and sometimes the notice might end up in an individual’s spam file).  There were also queries about why there were no penalties associated with noncompliance; the Department of Insurance may enforce a conduct violation should such occur. The committee gave the substitute bill a DO PASS recommendation.
• SB 39, authored by Senator Blake Tillery (R-Vidallia), addresses Title 45 and 50 regarding transgender surgeries and seeks to tighten the law passed previously on gender dysphoria treatment (SB 140 in 2023). This bill is to prohibit the expenditure of state dollars from paying for gender-affirming care (through the State Health Benefit Plan, state-run hospitals, and state resources). The author offered an amendment for consideration addressing the effective date of the proposal should it be passed and signed into law. Presently, the legislation would take effect upon signature. The amendment would make it effective January 1, 2026, and essentially apply to all State Health Benefit Plan contracts issued on or after such date. There were a number of questions raised — Senator Marty Harbin (R-Tyrone) remarked that individuals covered by the State Health Benefit Plan could leave the state’s plan and purchase something else. There were other questions on whether the legislation would violate provisions of the ACA and equal protection issues. Several individuals testified against the proposal, including some individuals who are currently covered by the State’s insurance plan. An attorney with the law firm of Bondurant Mixon & Elmore (Amanda Kay Seals) testified about the fact that the legislation went against the settlement in a prior case against the state (Rich v State of Georgia (State Health Benefit Plan)), and also noted that the legislation was not just limited to surgeries. The legislation was amended with the new effective and applicability language at lines 117-118 (including language in the preamble of the legislation at line 8) and then received a DO PASS as amended with a vote of 6-3.

Senate Children and Families Committee

Chairman Kay Kirkpatrick (R-Marietta) opened her first meeting, allowing introductions to be made by the members of the Committee. The committee also adopted its rules for the year which are unchanged from the last biennium before taking up the following business.

• SB 8, authored by Senator Kay Kirkpatrick (R-Marietta), was presented to the committee for its consideration.  This is a Department of Human Services proposal. Regina Quick, counsel to the department, assisted in the presentation of the initiative. She began by noting there are inconsistencies in the law. In this instance, they are in Title 17 (criminal procedure) and Title 15 (juvenile) relating to arrest warrants allowing juvenile court judges to issue arrest warrants as they were left out of the code. Senator Kirkpatrick noted that courts of inquiry are based upon probable cause and have factual investigative powers. District attorneys are the ultimate decision-maker on whether charges can be brought.

Senator Matt Brass (R-Newnan) asked that the process be explained and who has the ability to issue a warrant. Section 3 of the legislation outlines the process and when the court may issue the warrant — for instance child abuse. Once the individual is arrested, the youth would go to juvenile court in instances of delinquency matters (children under age 17 who are delinquent). The juvenile judge has the authority already (OCGA 15-11-7(a), but juvenile judges are omitted in Title 17 so that’s where the cleanup and confusion are. They want to have warrants issued by juvenile courts to have the same footing as warrants issued by other courts per Quick. Who is held accountable for false arrest if a warrant is issued? Quick could not fully answer as research would be needed. Superior courts appoint juvenile court judges in all circuits in the state as they are not independently elected. Judge Neal Brunt Bartow County and president of the Council of Juvenile Court Judges did not oppose the bill but noted it clarifies the law.

The legislation received a DO PASS recommendation.

The committee also heard a presentation on the Child Fatality Review process. Judge Carolyn Altman was assisted by Scott Dutton with the GBI and Nicole McDougald the DFCS Interim Safety Director.  The process is to reduce child fatalities in the state, understanding how children are dying and what prevention efforts can be implemented.  They talked a good bit about ‘reviewable’ deaths and the Child Fatality Review looks at deaths for ages birth to 17. These include SIDS, unexpected or unexplained conditions, and unintentional injuries are examples.  The process is rigorous with multiple agencies involved — 159 counties at the county level. The local committees conduct the review and then send it to staff at GBI which then reviews and reports to the state panel (reviews the aggregate data). The GBI in 2013-2014 was statutorily required to be involved in the process. Within GBI, two doctors (pediatric specialists) in its medical examiner team are focused on these cases. The process does have timelines on when actions are to be taken once a death occurs that is to be investigated. The committee also received reviewable deaths which were reviewed in 2023 and trends in reported maltreatment (leading to DFCS having a role). SIDS remains the number one cause of death in children ages 0-1. Deaths in ages 1-17 are caused by motor vehicle, homicide, suicide, and drowning. Since 2019, there has been an increase in homicide deaths. Prevention recommendations have included things like wider distribution of free cribs, youth-focused road safety initiatives, targeted campaigns to wear seatbelts, providing access to mental health resources and crisis intervention, providing access to 24-7 crisis hotlines, and etc.  A legislative update is likely coming as they have not made changes in a bit, and this could include an enforcement mechanism if the county is not in compliance with making reports.  Senator Kirkpatrick noted that the members would be taking the map to their local counties to talk about the lack of reporting reviewable deaths.  Senator Jason Estevez (D-Atlanta) asked questions about gun deaths; it would depend on whether it was a homicide or not.

Senate Retirement Committee

Chairman Rick Williams (R-Milledgeville) and his committee heard the following;

• SB 23, authored by Senator John Albers (R-Roswell), addressed the Employee Retirement System pension fund and the use of alternative investments so not all dollars are invested in the stock market. It allows that 10% may be used in alternative investments. Senator Marty Harbin (R-Tyrone) asked about the rate of return over the last three years. In the last 12 years, in the aggregate, it has been 3.5% higher according to Senator Albers and thus outperforms the market. Georgia is one of the best-managed states; Illinois is the worst. “ERS” total active membership is 120,000 and retirees are around 78,000.  Senator Randal Mangham (D-Stone Mountain) noted he was in favor of the legislation. Senator Nan Orrock (D-Atlanta) asked if the State Retirees Association was present; she asked what its position was on the proposal.  Senator Goodman asked about retirement funds purchasing working farms which has been done as an alternative investment; Georgia has not done agricultural farm investments and has no plans to do so.  The bill received a DO PASS recommendation.
• SB 11, authored by Senator Michael Rhett (D-Marietta), addresses veterans who have retired from active duty (honorable discharge).  It allows military members to obtain credible service if they are veterans and work for the state so that they can purchase up to 36 months of creditable service with 10 years of service towards retirement benefits. This is revenue-neutral. This was LC 56 0215 as presented and received a DO PASS recommendation.

House Budget and Fiscal Affairs

The House Budget and Fiscal Affairs Committee, an oversight committee chaired by Rep. Steve Tarvin (R-Chickamauga), convened Tuesday afternoon for its organizational meeting. Chairman Tarvin lamented that across the board people have less and less trust in government, at the state and federal level, and on both sides of the aisle. The purpose of the committee is to identify and eliminate barriers to business growth across the state, cut through burdensome bureaucratic regulations, promote transparency and efficiency from state agencies, and ensure legislative intent is maintained at every stage of the agency rulemaking process.

Before approving the rules, Rep. Lisa Campbell (D-Kennessaw) moved to make a new rule that any bill or other legislation for consideration be delivered by email at least one day in advance of a meeting. By a show-of-hands vote, the motion failed along party lines. The rules were then adopted and the meeting adjourned.

House Governmental Affairs - State and Local Government Subcommittee

The State and Local Government Subcommittee of the House Government Affairs committee was convened Tuesday afternoon by Chairman Victor Anderson (R-Cornelia) and quickly got started working through its agenda, which included four House bills.

• HB 113, by Rep. Lauren McDonald (R-Cumming), aims at increasing the security of the state’s purchasing process and cybersecurity. It directs the Georgia Technology Authority (GTA) to establish updated lists of companies or products made or sold by foreign adversaries to prevent the state and its agencies from inadvertently introducing cybersecurity vulnerabilities into our systems. The list will be public, and this bill adopts the federal definition of foreign adversary (as it changes from time to time) so that no specific countries are listed in GA Code. Rep. McDonald stated that Georgians must be vigilant in protecting themselves, their businesses, and families, citing that some drones and wifi routers have been identified as potential threats. The measure received a favorable vote and moves on to the full committee.
• HB 152 was presented by its author, Rep. Matt Reeves (R-Duluth). This measure requires Qualifications-Based Selection for contract bidding at the city and county levels. Rep. Reves referenced a study done between Maryland, which does traditional bidding, and Florida, which does QBS at a local level. In Maryland, contract performance takes longer, and ends up being more expensive. The act would become effective in 2026 to give local governments and bidders plenty of time to learn the systems. Rep. Reeves stated that QBS is a sound model at the federal level and in many other states, noting that you don’t always want things to be done by the lowest bidder, like a bridge, or spacecraft, quoting a one-liner often attributed to Alan Shepard, the first American in Space.

Kaylon Day with the Association of County Commissioners of Georgia and Ted Burgess, Chief of Procurement for Fayette County, spoke in opposition to the bill. They took issue with QBS as a method, rather they opposed the mandate. Larger counties with more staff and resources may be better able to utilize this method, but small counties that have one clerk to do all procurement can't shoulder the burden of QBS. Small businesses would have a much more difficult time complying with the process of bidding under this system. Sometimes a county doesn’t have the funds for the most qualified expensive firms out there, and should continue to have the right to meet the needs of their communities the way they say fit. Home rule is important in principle and in practice. ACCG surveyed all counties; 65 (of 159) responded. 48% said they mostly use the traditional RFP process. Five counties use a low-bid method. Three counties use QBS. There doesn't seem to be a compelling reason to make all countries, large and small, use the same procurement method. QBS may be the better choice for some projects, but county governments need flexibility to meet their needs.

Five more speakers rose in favor of the bill including Jim Thornton with the Georgia Municipal Association (GMA), who stated that the cities do not oppose the bill. While they would prefer not to have a state mandate, they do agree that QBS is the preferred system. Michael Sullivan with the American Council of Engineering Companies testified that this measure is the result of a 10-year-long process working with ACCG and GMA to craft legislation that works for all, to the greatest extent possible. Local governments have sole discretion as to what qualifications are used for their own QBS processes. No vote was taken.

• HB 137, authored by Rep. Victor Anderson (R-Cornelia). This measure raises the dollar cap for opting out of a competitive bids process on “smaller” contracts. Currently, caps range from $100,000-$200,000, depending on the department; this bill raises the cap to $250,000 across the board. ACCG and GMA fully supported and the bill passed with no other comment.
• HB 155, also by Chairman Anderson, revises the procedures for the selection and objection to arbitrators in annexation resolution disputes. It expands the pool to include city and county administrators to assist DCA going forward to make the process work the way it should. The current time frame is very restrictive, 15 calendar days for the panel to be put in place, and this bill expands that to 20 business days. Additionally, it provides that if no strikes are exercised, then DCA can appoint the panel from the pool, and it increases the pay for people serving on the panel, to entice more people to serve. This legislation was brought at the urging of ACCG, GMA, and DCA. The chairman’s bill passed and will move on to the full committee.

New Legislation

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

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

What’s Next

The General Assembly will reconvene for Legislative Day 12 on Wednesday, Feb. 5 at 10 a.m.