Georgia Representatives Katie Dempsey (R-Rome) and Scott Holcomb (D-Atlanta) discuss their Wrongful Conviction Compensation Act as exonerees Joey Watkins and Lee Clark and Representative Stacey Evans (D-Atlanta) look on.

As both lobbyists and legal nerds, our ears perk up when the Georgia General Assembly takes up legislation that directly implicates the workings of the State’s criminal and civil justice systems. So, we’re listening closely as the legislature rounds out the week addressing both. On Thursday, Representatives Katie Dempsey (R-Rome) and Scott Holcomb (D-Atlanta) introduced their Wrongful Conviction Compensation Act (HB 533). The bipartisan measure, which has passed the House several times over the past several years, would establish a formal process for innocent Georgians who are wrongfully convicted to seek compensation from the State for time spent behind bars. On Friday, focus will shift to the civil justice system as the Senate is slated to take up Governor Brian Kemp’s comprehensive tort reform measure (SB 68). We expect it to be a vigorous — and long — debate, but we’ll let you know what happens when the jury comes back in the #GoldDomeReport. 

In this Report:

• Floor Action
• Committee Notes
• New Legislation
• What’s Next

Floor Action

The House took up the following measures on Legislative Day 20:

• HB 51 - Georgia Environmental Finance Authority; finance and perform certain duties for projects relating to natural gas facilities; authorize (Substitute)(RDev-Burchett-176th) - PASSED 120-55
• HB 53 - Georgia veterans; allow certain persons to be buried in Georgia veterans cemeteries (D&VA-Bonner-73rd) - PASSED 164-0
• HB 73 - Seminole County; Board of Education; provide nonpartisan elections (IGC-Greene-154th) - PASSED 138-29
• HB 85 - Superior Court Judicial Compensation Reform Act; enact (Substitute)(Judy-Leverett-123rd) - PASSED 163-7
• HB 86 - Public officers and employees; calculating and setting the salaries of certain state officials; revise provisions (Judy-Leverett-123rd) - PASSED 167-6
• HB 90 - Revenue and taxation; increase maximum acreage to qualify for assessment and taxation as a bona fide conservation use property (W&M-Efstration-104th) - PASSED 111-62
• HB 116 - Public Safety, Department of; Motor Carrier Compliance Division to Commercial Vehicle Enforcement; change name (MotV-McDonald III-26th) - PASSED 162-5
• HB 147 - Georgia Technology Authority; annual inventory of artificial intelligence usage by state agencies; provide (T&II-Thomas-21st) - PASSED 172-0
• HB 155 - Local government; selection and objection to arbitrators; revise procedures (Substitute)(GAff-Anderson-10th) - PASSED 172-0

The Senate took up the following measures on Legislative Day 20:

• SB 96 - Official Code of Georgia Annotated; provisions creating certain boards, panels, authorities, centers, commissions, committees, councils, task forces, and other such bodies; update and modernize (GvtO-49th) - PASSED 35-18
• SB 98 - Guardian and Ward; county conservators; provide (Substitute) (C&F46th) - PASSED 50-0
• SB 102 - Dogfighting; revise provisions (Substitute) (PUB SAF-29th) - PASSED 49-3
• SB 138 - Incorporation of Municipal Corporations; transition of certain services related to newly incorporated municipalities in certain counties; provide (Substitute) (SLGO(G)-45th) - PASSED 32-22
• SR 23 - US Congress; limited to proposing an amendment to the Constitution of the United States to set a limit on the number of terms that a person may be elected; apply to call a convention (RULES-46th) - PASSED 34-18
• SR 96 - Purebred Dog Day; recognize May 1, 2025 (Substitute) (RULES-45th) - PASSED 40-9

Committee Notes

House Insurance Committee

Chairman Eddie Lumsden (R-Armuchee) led an early morning meeting, taking up the following initiatives:

• HB 410, authored by Representative Buddy DeLoach (R-Townsend), amends several provisions in Title 33. Representative DeLoach described the legislation as a “housekeeping” initiative. In part, it removes the licensure requirements for “branch agency” now in code.  It also allows for biennial licensure for agencies.  Each required “main” agency is to be licensed. There are other changes regarding a probate judge’s requirement for the “certification” now in law. The author indicated that the legislation was “DOGE” thing; this brought some questions from the minority party. The legislation received a DO PASS recommendation with one member of the Committee voting no.
• HB 420, authored by Representative Darlene Taylor (R-Thomasville), seeks to require that an insurance carrier extend coverage for genetic testing for inherited mutations like other benefits in a new code section at O.C.G.A. 33-24-59.34. The committee considered LC 52 0756S version of the legislation. This change will be beneficial to individuals with family histories of cancer. The changes authored by Representative Taylor also apply to the State Health Benefit Plan. Representative Omari Crawford spoke in favor of the legislation, noting that it would be helpful to his family.  Representative Park Cannon (D-Atlanta) asked if there were ethical considerations. Representative Taylor noted that this testing would be required by a physician if prescribed and the patient had a family history for mutation in genes.  Representative Park noted that ethical testing concerns had emerged nationally. The committee gave the proposal a DO PASS recommendation, moving it forward to the House Rules Committee.
• SB 35, authored by Senator Larry Walker (R-Perry), amends O.C.G.A. 33-24-46(d) to address cancellation and nonrenewal requirements of property insurance policies. The legislation changes the time by when nonrenewal of policies will take effect. Currently, property owners are to be provided a 30-day written notice, and this legislation extends that time frame to 60 days. The legislation would take effect on January 1, 2026 for policies issued, delivered, issued for delivery, or renewed in Georgia on or after that date. There were questions around the “teeth” in the law as there are no requirements contained if an insurer does not follow the requirement.  Senator Walker indicated that enforcement resides with the Commissioner of the Department of Insurance and there are separate code sections addressing enforcement. The initiative received a DO PASS recommendation, moving it forward to the House Rules Committee.  It will be carried in the House by Representative Matthew Gambill (R-Cartersville).

House Education Committee – Curriculum Subcommittee

The Curriculum Subcommittee of the House Education Committee, chaired by Representative Bethany Ballard (R-Warner Robins), met on Thursday to consider the following measures:

• HB 198, authored by Representative Johnny Chastain (R-Blue Ridge), amends Title 20 to provide for the use of school facilities by certain youth groups. Specifically, the bill requires schools to allow “patriotic societies”, as defined in federal law, to use school facilities and provide a written reason for any denial of such use.

Representative Chastain presented the bill to the subcommittee, explaining that it would cover organizations such as the Boy Scouts of America and the Girl Scouts of the United States of America. The subcommittee recommended the bill DO PASS and be sent to the full Education Committee.

• HB 307, authored by Representative Ballard, amends Title 20 to address a number of literacy issues. Specifically the bill mandates the development of support plans for such students and requires the Department of Education to disseminate relevant information on dyslexia. The bill also prohibits the use of the three-cuing systems model in instructional materials for kindergarten through third grade and repeals the provision related to reading recovery programs. It also revises definitions and repeals expired deadlines for the State Board of Education and the Department of Education.

Representative Ballard presented the bill to the subcommittee, describing it as a continuation of the General Assembly’s literacy efforts over the last few years. As explained by Representative Ballard, the bill removes outdated statutory language that does not align with Science of Reading, prohibits the use of three-cuing in curricula, and adds dyslexia to the Georgia Early Literacy Act. Scott Johnson, Chair of the Georgia Council on Literacy, and Sarah Richards, Georgia’s Literacy Coach, both appeared in favor of the legislation. Several other individuals spoke in favor of the bill. The subcommittee recommended the bill DO PASS and be sent to the full Education Committee.

• HB 340, authored by Representative Scott Hilton (R-Peachtree Corners), is the “Distraction-Free Education Act.” The bill amends Title 20 to require local school systems and public schools to enact policies and procedures for use of personal electronic devices at school and school sponsored events by students in kindergarten through eighth grade. By August 1, 2025, all local school systems and public schools are required to establish policies that prohibit the use of such devices during instructional time, with exceptions for legal requirements. These policies must include methods for storing devices, procedures for off-site events, and communication protocols for emergencies, ensuring that parents contact the school directly if needed. The legislation also specifies that these provisions cannot be waived by strategic waivers, charter systems, or other special school designations. 

Representative Hilton presented the bill to the subcommittee, pitching it as a student mental health and learning bill. He explained that, on average, a student receives over 237 notifications on their phone during the course of a school day. Representative Hilton noted that the public safety community supports the legislation because, in the case of an emergency, students should be listening to instructions not focusing on a cell phone. He described the bill as requiring “bell to bell, no cell” with exceptions for students with IEPs and Section 504 plans. Miranda Williams of ExcelInEd spoke in favor of the measure, as well as Marietta City Schools Superintendent Grant Rivera, whose district has implemented a no-cellphone policy. Margaret Ciccarelli of the Professional Association of Georgia Educators also appeared in support of the bill but called on legislators to consider extending the ban to high schools as well. John Zauner of the Georgia School Superintendents Association expressed support for the bill covering grade levels K-8, noting that it may help “break the culture” and allow expansion to grade levels 9-12 soon. The subcommittee recommended the bill DO PASS and be sent to the full Education Committee.

Senate Education and Youth Committee

Chairman Billy Hickman (R-Statesboro) was out today; presiding instead was Senator Chuck Payne (R-Dalton). The Senate Education and Youth Committee met Thursday afternoon with the intention of hearing two bills, but only heard one, which provoked likely discussion that consumed the allocated time.

• SB 4, by Senator Greg Dolezal (R-Cumming), revises provisions for local boards of education and school superintendents. The core of the bill amends training requirements for boards of education. Currently, 15 hours of training is required in the first year of a term, then nine hours each subsequent year (four year terms). This bill eliminates the training for years 2-4. No other elected body has required training after the first year of a term. The training program for members of local boards of education shall not include the following statements, recommendations, or suggestions:
  • That local boards of education are encouraged, expected, or required to act unanimously; 
  • That local boards of education are not authorized to request information from local school system administrators;
  • That local boards of education shall defer to the local school superintendent on budget and tax matters;
  • That local boards of education or members or employees thereof should lobby the Georgia General Assembly on any topic; or
  • Expressing opinions in support of or in opposition to past, pending, or future legislation affecting public schools or local school systems.

The bill also amends the model language for a board’s code of ethics to allow ethics complaints to be brought by citizens; current code only allows a fellow board member to file an ethics complaint. The State Board adopts a model code of ethics; each local board can adopt their own, but most adopt the state model. There was some discussion among the committee members and public comment was taken. General consensus is that school boards are not responsive enough to the public, nor accessible enough, and citizens often feel powerless and ineffectual.

Senator Elena Parent (D-Decatur) was concerned that the list of taboo topics may run afoul of the First Amendment. Senator Dolezal said that elected board members will be exposed to plenty of opinions but the training sessions are solely to teach them how to do their jobs.

Senator RaShaun Kemp (D-Atlanta) proposed an amendment to remove line 134-139, which is the bulleted list above of prohibited statements or suggestions. Seconded by Senator Parent, she said this seems far too blunt of an instrument to micro manage what happens in a training. A trainer might say “it’s bad that the legislature hasn't updated QBE in a long time,” and they would be in trouble. Dolezal told Kemp that he’s willing to work with him on some language but he wants to end these “bash sessions” where trainers come in and subject school board members to private opinions, which should not be happening in the official training. The amendment failed.

Senator Freddie Powel Sims (D-Dawson) also proposed an amendment so that ethics complaints would go to an independent body instead of to the superintendent. At line 50 replace “superintendent” with “professional standards commission.” The amendment passed, and the committee voted to recommend DO PASS by committee substitute as amended, and the bill will move on to the Rules Committee.

House Ways and Means - Income Tax Subcommittee

Chairman Bruce Williamson (R-Monroe) convened his committee for first-hearings of three bills. No votes were taken.

• HB 360, by Representative Chuck Efstration (R-Mulberry), relates to historic preservation tax credits so that any taxpayer that was pre approved by the commissioner to claim such tax credits for certified structures other than historic homes before December 31, 2026 and obtains a certificate of occupancy for such on or before December 31, 2026, shall be authorized to claim the tax credits allowed in the first taxable year for such taxpayer beginning on or after January 1, 2026. The author explained that current redevelopment efforts in Atlanta are critical knowing that the World Cup is approaching, which will have a huge economic impact. This will encourage rehabilitation of buildings if they will be ready to use in time for these major events. Does not increase the cap, but those who have already applied would be able to utilize it if the facilities are open timely. Narrow in application. First hearing.
• HB 425, by James Burchett (R-Waycross), seeks to address readiness for natural disasters (in the wake of Hurricane Helene) by providing a dollar-for-dollar tax credit for backup generator systems for convenience stores and grocery stores. Representative Burchett described his own experience in Waycross after the storm, where he and his constituents had to drive 40 miles for gas or groceries, or wait in line for six hours at the one convenience store in town that did have a backup power generator. Florida has a mandate and grant program for this purpose. Nursing care facilities are not currently in the bill, but the author would like to add them. Representative Chuck Martin (R-Alpharetta) has reservations about a dollar for dollar tax credit. Essentially the state would be buying these systems for businesses, when some businesses have already bought their own. He likes the idea of tackling this problem, but it is unfair to business owners that already invested in such systems, and their competitors will get a windfall. Representative Burchett is willing to work with the committee to refine the legislation.
• HB 341, by Representative Mark Newton (R-Augusta), creates a tax credit to certain employers that offer individual coverage health reimbursement arrangements (ICHRAs) to employees. The author explained that 62% of Georgians are on large-company employer-sponsored plans, 2 million Georgians are on Medicaid, and 1.5 million are on ACA individual plans. There’s a gap of small and medium sized companies that can’t cover the cost of a small group plan for a family, but their employees may be making too much to qualify for ACA plans. HB 341 would incentivise these employers in the middle, with 100 or fewer employees. The credit starts at $600 per employee per year for three years, then $400 in year four, then $200 in year five. Representative Chuck Martin (R-Alpharetta) is concerned the small subsidiaries of larger companies or LLCs owned by a high net worth person could take advantage of this when they don’t really need it. Representative Noel Willaims (R-Cordele) asked if this would be “playing favorites,” disadvantaging small businesses who already provide ICHRAs. The author is open to all suggestions of how to close the coverage gap, which is his goal. The National Federation of Independent Businesses strongly supports; small businesses struggle to entice qualified employees. Insurance Commissioner John King expressed his support as well.

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 21 on Friday, February 21 at 9 a.m.

The House is expected to consider the following on Legislative Day 21.

• HB 58 - Aviation; adoption of local ordinances, resolution, regulations, or policies that restrict the flight of unmanned aircraft systems over mass public gatherings; authorize (Substitute)(T&II-Richardson-125th)
• HB 167 - Game and fish; authorize fluorescent pink hunting outer garments (GF&P-Hagan-156th)
• HB 181 - Vital records; issuance of a Certificate of Foreign Birth by the state registrar without a judicial order if certain criteria is satisfied; provide (Judy-Ehrhart-36th)
• HB 192 - Top State for Talent Act; enact (Ed-Gambill-15th)
• HB 196 - State employees' health insurance plan; drugs dispensed for self administration; provisions (Substitute)(Hth-Kelley-16th)
• HB 205 - Board of Homeland Security; development of a list of approved unmanned aircraft systems; provide (Substitute)(PS&HS-Clark-100th)
• HB 262 - Community Health, Department of; grant program for purpose of acquiring and installing backup generators; provide (RDev-O'Steen-169th)
• HB 283 - Motor vehicles; issuance of a refusal to sign citation; provide (MotV-Neal-79th)
• HR 32 - General Assembly; increase maximum acreage to qualify for assessment and taxation as a bona fide conservation use property - CA (Substitute)(W&M-Efstration-104th)
• SB 16 - Public Officials; bail bond business; modify provisions (GAff-Huddleston-72nd) Brass-6th

The Senate is expected to consider the following on Legislative Day 21:

• SB 10 - Superior Courts of the Alapaha Judicial Circuit; additional judge; provide
• SB 12 - Inspection of Public Records; documents and records in the possession of private persons or entities; revise provisions
• SB 68 - Civil Practice; substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, damages, and liability in tort actions; provide