April 5, 2023
Legislative Session Comes to a Close
This year’s session of the General Assembly came to a close shortly after midnight on Thursday, March 30.
Several of the bills we were tracking passed the House and Senate and were delivered to Gov. Brian Kemp, while others will be taken up again in 2024.
Tangible Personal Property
House Bill 808, sponsored by Rep. Mike Cheokas (Americus) would have raised the exemption threshold for tangible personal property tax from $7,500 to $50,000. This bill is a referendum and would require a two-thirds vote by the legislature and approval by the voters. It was introduced after Crossover Day and will be available next year for consideration.
House Bill 408, sponsored by Rep. Bruce Williamson (Monroe), would extend the sunset period on the sales tax exemption on tangible personal property used for the construction of a competitive project of regional significance. The exemption is scheduled to sunset, or expire, on June 30, but Williamson’s bill would extend it until Dec. 31, 2026. HB 408 passed the House of Representatives on May 2 by a 169-2 vote. It cleared the Senate on March 29 by a 43-6 vote. Governor Kemp can sign it, allow it to become law without his signature or veto it.
Trucking Opportunity Act
Senate Bill 203, sponsored by Sen. Jason Anavitarte (Dallas) would improve Georgia’s trucking laws in several ways. First, it would allow veterans to access tuition-free training programs. Second, it would repeal a provision that allows for lawsuits to be brought against motor carriers and their insurance companies as co-defendants. Third, it would provide standard maximum driving hours for motor carriers in intrastate commerce. And fourth, it would clarify that a person issued a commercial driver’s license in accordance with state law is considered to have the necessary qualifications for such commercial vehicle operation. SB 203 passed the Senate on March 6 with a 54-1 vote, after important provisions were stripped out by amendment with a 31-25 vote. However, the measure failed to advance in the House.
Georgia Landowners Protection Act
Senate Bill 186, sponsored by Sen. Greg Dolezal (Cumming), would revise the premises liability law to limit the cause of action available to invitees, licensees, and trespassers injured on a landowner’s property. This piece of legislation would ensure only injuries resulting from the willful, wanton, or intentional conduct of a non-agent third party will be sufficient to bring a lawsuit. In order to bring a premises liability case under the proposed bill, the plaintiff must show that the landowner compelled the third party’s action or that the landowner had knowledge of a specific threat and could have reasonably intervened. SB 186 passed the Senate Insurance and Labor Committee on Tuesday, Feb. 28, but wasn’t called up for a vote on Crossover Day. We will continue to advocate for these changes in next year’s legislative session.
Seatbelts
Senate Bill 196, sponsored by Sen. Ben Watson (Savannah), would have allowed juries in civil trials to consider whether someone injured in a traffic accident was wearing a seatbelt. NFIB supports efforts that enable juries to appropriately apportion fault and damages based on actual contribution to the harm alleged, including when that harm comes from the plaintiff themselves. Unfortunately, despite hundreds of calls from Georgia’s business leaders, the bill failed to pass with a vote of 24 to 30.
Georgia Lemonade Stand Act
Senate Bill 55: , sponsored by Elena Parent (Atlanta) would preempt a local government’s ability to establish or require any form of regulation for businesses owned by those under the age of 18 who sell less than $5,000 of a non-consumable good, prepackaged food item, lemonade, or other non-alcoholic beverage, and who conduct their business on private property with the knowledge and consent of the property owner. NFIB supports legislation that limits onerous local government regulation while fostering young entrepreneurship in our state. SB 55 passed the House 139-30 on March 16 and sailed through the Senate on March 21 on a vote of 50-0. The bill is now awaiting action by the governor.
NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.
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