Civil Proceedings – File Electronically
Foreclosure – Confirmation Waiver Prohibition
SB 86 by Sen. Jesse Stone (R-Waynesboro) adds judgments and levys to the real estate sales subject to a mandatory confirmation process in order to pursue a deficiency. The bill also prohibits contracts from including language to waive the requirement. GBA opposed as introduced and testified against the bill in committee.
Ad Valorem Tax - Fair Market Value
HB 741 by Rep. John Corbett (R-Lake Park) amends the income approach to establishing fair market value for ad valorem tax purposes so as to allow the approach to be consider rather than utilized.
HB 826 by Rep. Geoff Cauble (R-Locust Grove) allows alarm companies to auto-dispatch law enforcement without verification when an alarm is triggered as long as the company’s contract with the alarm company provides such a provision. The bill applies to financial institutions, firearms and pharmaceutical companies.
Appraisal Management Companies
HB 775 by Rep. Alan Powell (R-Hartwell) substantially revises the code as it relates to the regulation of appraisal management companies.
Banking Improvement Zone
SB 358 by Sen. Michael "Doc" Rhett (D-Marietta) and SB 213 by Sen. Josh McKoon (R-Columbus) are identical bills that would provide an incentive for financial institutions to operate in underserved areas designated as Banking Improvement Zones by the Department of Community Affairs by allowing the local governmental entity to place deposits with such financial institution as long as the rate of interest is at least equal to the institution’s posted two year rate paid on certificates of deposit.
HB 357 by Rep. Ron Stephens (R-Savannah). The bill creates a process by which boats and other watercraft will be titled.
SB 232 by Sen. Steve Gooch (R-Dawsonville) that, among other things, authorizes electric membership corporations to provide broadband access.
SB 426 by Sen. Steve Gooch (R-Dawsonville) outlines the rules local governments may enact related to restricting right-of-way access to broadband infrastructure.
HB 998 by Rep. Wendell Willard (R-Sandy Springs) is the enabling legislation that would be needed should the Business Court constitutional amendment mentioned above as HR 993, that was enacted, is approved by the voters. Instead of HB 998, the Senate chose to use HB 185 by Rep. Christian Coomer (R-Cartersville) to include language creating the Georgia Council on the State-wide Budiness Court to provide guidance to establish the court should the constitutional amendment pass.
HB 15 by Rep. Wendell Willard (R-Sandy Springs). The bill creates a new process by which certain civil proceedings will be filed electronically with the courts. Convenience fees for those using credit card or bank drafting service is limited to no more than 3.5 percent of the legislated fees plus $0.30 per transaction. GBA supports.
HB 987 by Rep. Sam Park (D-Lawrenceville) amends current and proposes new protections in the Georgia code dealing with housing, public accommodation and employment mostly by adding sexual orientation, gender identity and age to the existing protected classes.
Consumer Credit Reporting Bureau Fees
HB 866 by Rep. Scot Turner (R-Holly Springs) is similar to SB 376 that did pass that remove the statutory authorization for a consumer credit reporting agency to charge a fee to a consumer who chooses to place or remove a security freeze on the consumer’s account. SB 345 by Sen. Jen Jordan (D-Atlanta) is also similar to SB 376.
Credit Checks Employees/Potential Employees
HB 182- by Rep. Winfred Dukes (D-Albany) would prohibit credit checks on certain current and potential employees. Employees of banks and credit unions would be exempt from the prohibition.
SB 464 by Sen. Michael Williams (R-Cumming) would require the Department of Revenue to accept crypto currencies in payment of taxes and fees.
Cyber Challenge Study Committee
SR 318 by Sen. Harold Jones (D) Augusta, creates a study committee to look into the conditions, needs, issues, and problems with cyber-attacks, cyber threats, and the demand for cyber security.
SR 929 by Sen. Bruce Thompson (R-White) creates a study committee on cyber security.
FAST Act: Fairness, Accountability, Simplification and Transparency (Small Business Support)
SB 2 by Sen. Mike Dugan (R-Carrollton) sets a process in place for local and state governmental bodies to establish time lines for an application approval process and penalties mostly in the form of reduced fees for not adhering to the timeline. The bill is intended to help businesses navigate a sometimes complex and time consuming maze of state and local permitting, licensing, zoning and other requirements in order to do business.
Fee collection requirement for wire transfers
HB 66 by Rep. Jeff Jones (R-Brunswick) would require a new state fee to be collected when certain wire transfers are initiated. An early draft of the legislation included banks among the entities that would have been subject to the collection requirement, and our thanks to Rep. Jones for exempting banks as long as the wires are initiated in the normal course of doing business with, or on behalf of, customers
Financial Institution Tax Credit
SB 432 by Sen. John Albers (R-Roswell) would abolish the financial institution tax credit as of Dec. 31, 2019. The credit was part of a comprehensive rewrite of the bank taxation laws in the early 1980s due to the Supreme Court ruling the method in place at the time was unconstitutional. The tax credit was included to prevent a huge windfall to the state. The bill has been amended to require the state auditor to conduct an economic analysis of the credit including the change in state revenue, the cost to the state to administer the credit, the net changes in economic activity and net change in public benefit resulting from the credit. The report is due Dec. 1, 2022.
Foreclosure – Cure Before a Sale
HB 27 by Rep. Billy Mitchell (D-Stone Mountain) creates a process allowing a defaulting borrower to cure the default prior to a sale of the property.
Foreclosure - Military Service Members
HB 676 by Rep. Paulette Rakestraw (R-Hiram) would create a state-level protection in the event of foreclosures for military service members on active duty similar to protections already in place at the Federal level.
SB 299 by Sen. Frank Ginn (R-Danielsville) requires that an attorney in good standing with the State Bar of Georgia must sign any documents related to the title of a property and affirm that the document being recorded is both properly prepared and not fraudulent; a notary that has knowingly notarized fraudulent documents shall be guilty of a felony and, upon conviction, subject to imprisonment of up to 5 years and/or pay a fine of $25,000.
Funeral and Cemetery Services
HR 339 by Rep. Rick Williams (R-Milledgeville) would create a House committee to review of the current code provisions relating to funeral, cemetery, and related services and issue a report of their findings and recommendations.
HB 689 by Rep. Rick Williams (R-Milledgeville) removes the 90-day waiting period for a financial institution to pay up to $10,000 out of an intestate depositor’s account for funeral expenses and requires funeral expenses to be paid before any other expenses. In certain circumstances, an insurer may pay up to $10,000 of an insured’s life insurance proceeds directly to a funeral home.
Georgia Personal Data Security Act
HB 499 by Rep. Sheri Gilligan (R-Cumming) would require certain entities after having experienced a data breach to notify individuals whose personally identifying information has been compromised. Entities such as banks with notification procedures in place would be exempt
Guardians and Conservators
HB 896 by Rep. Chuck Efstration (R-Dacula) revises the guardian, ward and adult conservatorship statute to incorporate language recommended from the Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act.
Higher Education Savings Accounts
HB 664 by Rep. Sam Teasley (R-Marietta) doubles the income tax deduction for contributions to higher education savings trust accounts for individual filers to $4,000 per beneficiary and to $8,000 per beneficiary for joint filers.
Homeowner Community and Condo and Associations
HB 748 by Rep. William Boddie (D-East Point) creates the Community Association Transparency and Protection Act requiring certain documentation be provided as projects are completed and turned over to homeowner-run associations and ongoing requirements for those entities.
Homeowner/Condo Association Fee Disclosure
HB 649 by Rep. Sam Teasley (R-Marietta) requires any condo or property owner’s association maintaining a website to have a page that discloses fees required of purchasers.
Homeowners Association Governance
HB 203 by Rep. Brian Strickland (R-McDonough) establishes new procedures for how home owners associations may expand their scope and changes certain related governance restrictions.
Homeowner Association Lien Rights
SB 187 by Sen. Donzella James (D-Atlanta) changes procedures by which homeowner associations foreclosure their lien rights for certain outstanding debts.
Industrial Loan Act – Contracts
SB 198 by Sen. Elena Parent (D-Atlanta) prohibits Georgia Industrial Loan Act licensees from using instruments like checks to create contracts under certain circumstances.
Industrial Loan Act/Small Consumer Loans
HB 902 by Rep. Earl Ehrhart (R-Powder Springs) transfers the licensing, examination and enforcement of what has heretofore been called the Georgia Industrial Loan Act governing non-bank loans of $3,000 or less from the Insurance Department to the Department of Banking and Finance.
Industrial Loan Licensees – Military Installations
HB 523 by Rep. Brian Strickland (R-McDonough) would prohibit Industrial Loan Act licensees from having a location within certain distances of a military installation.
Installment Loan Pawn Transactions
HB 353 by Rep. Brett Harrell (R-Snellville) creates a new opportunity for pawn transactions to be handled as installment loans.
Letters of Credit
SB 465 by Sen. Ellis Black (R-Valdosta) defines certain charges for letters of credit as fees and not interest for usury purposes on loans between $3,000 and $250,000.
Loans Near Military Installations
HB 620 by Rep. Earl Ehrhart (R-Powder Springs) limits industrial loan licensee locations near military installations, requires insurance disclosures and prohibits licensees from selling an insurance product in which they have an interest.
Low-income Housing Tax Credit
HB 851 by Rep. Dale Rutledge (R-McDonough) sets December 31, 2023 as the expiration date for the state low-income housing tax credit.
Motor Vehicle Fair Market Value
HB 327 by Rep. Jay Powell (R-Camilla) changes the method by which the fair market value of certain motor vehicles is determined.
Motor Vehicle Titles
HB 761 by Rep. Jason Ridley (R-Chatsworth) removes the requirement that motor vehicle titles transfered to and from dealers must be handled electronically.
Motor Vehicles - Abandoned
HB 417 by Rep. Wendell Willard (R-Sandy Springs) adds provisions related to motorized and non-motorized trailers to the current abandoned motor vehicle statute.
HB 120 by Rep. Andy Welch (R-McDonough) makes substantial revisions to the Georgia Notary Public code similar to legislation introduced in prior sessions.
Property Tax Bills
HB 204 by Rep. Brett Harrell (R-Snellville) would prohibit any non-tax fees to be included on an ad valorem tax bill.
Recording of Deeds – Constructive Notice
SB 120 by Sen. William Ligon (R-Brunswick) establishes a procedure for the correction of defects in attestations and acknowledgments to certain filings.
Rural Hospital Tax Credit
HB 827 by Rep. Trey Kelley (R-Rockmart) raises the limitation of an individual’s, couple’s or corporation’s (including Sub S corp’s) qualified rural hospital contribution allowable for deduction from individual, joint or corporate tax returns from 90 to 100 percent and removes the sunset date of the tax. Existing total limits of the deduction remain in place ($5,000 individual, $10,000 couple and 75 percent of corporate tax due).
Save, Earn, Win Act
SB 134 by Sen. David Shafer (R-Duluth) authorizes banks and credit unions to offer a deposit account with a raffle component to encourage savings. GBA participated in a press conference with Sen. Shafer in announcing the introduction of the legislation.
Waste Management Fees
HB 693 by Rep. Brett Harrell (R-Snellville) removes the authorization for local governments to collect unpaid waste management fees in the same manner as if these fees were taxes or other assessments.
Wire Transfer Fee
HB 66 by Rep. Jeff Jones (R-Brunswick) would mandate a $10 fee for certain wire transfers and allow those paying the fee to recoup the fee when filing their next annual tax return. GBA has serious concerns with the bill and we appreciate Rep. Jones listening and making changes to the bill.