Professional Documents
Culture Documents
List of Laws Effective Dates
List of Laws Effective Dates
LEGISLATION PASSED
This document is a comprehensive report of legislation passed by the 2023 Georgia General Assembly, with
the exception of local legislation and resolutions. Each bill is indexed by the assigned standing Senate
committee through which it was favorably reported with a brief synopsis containing the primary sponsors
and effective date. If you require additional information on any bill, please contact the Senate Research Office
to request the full summary and analysis.
TABLE OF CONTENTS
Agriculture and Consumer Affairs ........................................................................................................... 1
Appropriations .............................................................................................................................................. 2
Banking and Financial Institutions ......................................................................................................... 3
Children and Families ................................................................................................................................. 3
Economic Development and Tourism ...................................................................................................... 6
Education and Youth ................................................................................................................................... 6
Ethics .............................................................................................................................................................. 9
Finance ......................................................................................................................................................... 10
Government Oversight .............................................................................................................................. 12
Health and Human Services ..................................................................................................................... 13
Higher Education ....................................................................................................................................... 17
Insurance and Labor.................................................................................................................................. 19
Judiciary ...................................................................................................................................................... 21
Natural Resources and the Environment .............................................................................................. 26
Public Safety................................................................................................................................................ 27
Regulated Industries and Utilities ......................................................................................................... 30
Retirement ................................................................................................................................................... 31
Rules .............................................................................................................................................................. 32
Science and Technology ............................................................................................................................ 32
State and Local Government Operations .............................................................................................. 33
State Institutions and Property .............................................................................................................. 34
Transportation ............................................................................................................................................ 34
Veterans, Military, and Homeland Security ......................................................................................... 35
APPROPRIATIONS
House Bill 18
Supplemental Appropriations for State Fiscal Year July 1, 2022 - June 30, 2023
Sponsors: Speaker Burns of the 159th and Senator Tillery of the 19th
Effective Date: March 10, 2023; Act 1
Please contact the Senate Budget and Evaluation Office for details.
House Bill 19
General Appropriations for State Fiscal Year July 1, 2023 - June 30, 2024
Sponsors: Speaker Burns of the 159th and Senator Tillery of the 19th
Effective Date: May 5, 2023; Act 351
Please contact the Senate Budget and Evaluation Office for details.
Senate Bill 84
Providing Financial Protections for Elder and Disabled Adults
Sponsors: Senator Hufstetler of the 52nd and Representative Barrett of the 24th
Effective Date: July 1, 2023
This bill amends the Georgia Uniform Securities Act of 2008 and creates a reporting system that requires certain
individuals like broker-dealers and investment advisors to report financial exploitation of certain elders and disabled
individuals. The bill provides limited authority for broker-dealers or investment advisors to delay a disbursement
form or transaction in connection with the account of an eligible adult if there is reasonable cause to believe that
financial exploitation is occurring.
Senate Bill 90
Commercial Financing Transaction Disclosures
Sponsors: Senator Dixon of the 45th and Representative Crowe of the 118th
Effective Date: January 1, 2024
This bill requires providers to disclose information in connection with a commercial financial transaction. The bill also
provides for certain limitations for brokers, and allows for the Attorney General to enforce compliance with the
provisions. Further, this bill requires notices for certain unsolicited written inquiries or mailings. The bill sets forth
limitations on brokerage engagements and options to enter into a brokerage engagement.
House Bill 55
Title 7 Code Revision
Sponsors: Representative Williamson of the 112th and Senator Kennedy of the 18th
Effective Date: July 1, 2023
This bill makes numerous changes throughout Title 7 concerning banks, credit unions, and other financial institutions.
The bill creates a new article regarding foreign banks and their regulation, in Georgia.
Senate Bill 45
A.J.’s Law, Seizure Action Plans for Students
Sponsors: Senator Jason Anavitarte of the 31st and Representative Dempsey of the 13th
Effective Date: July 1, 2023
This bill provides for the care of students being treated for epilepsy or a seizure disorder. Under this bill, the parent(s)
or guardian(s) of a student being treated for epilepsy or a seizure disorder may work with the student’s physician to
develop a seizure action plan for incidents that may occur when the student is at school or a school related function.
This bill provides the required content of such seizure action plans and for their submission, review, and
implementation. Additionally, this bill requires a school nurse or trained seizure action plan personnel be present and
available to render services to a student with a seizure action plan on campus or other location where the student is
participating in a school related function. This bill further provides that if a school nurse or trained seizure action
plan personnel are unavailable, other school personnel are authorized to commence emergency procedures, including
contacting 911. This bill requires the Georgia Department of Education (GaDOE) to develop training guidelines and
model seizure action plans for use by local school systems and provides for the training of designated school personnel.
This bill also amends Code Section 19-7-1 regarding parental power over the proceeds of such child’s labor, to provide
that such parental power is lost by a parent if such parent is convicted for the murder or voluntary manslaughter of
the other parent of such child. Additionally, this bill provides that in the case of a surviving parent being criminally
indicted for the offense of murder or voluntary manslaughter of the other parent, that the court can use its discretion
in determining custody of such child.
This bill extends the hearsay exception for narrative medical reports to (1) dependency adjudications involving injury
and disease, and (2) termination of parental rights hearings involving injury or disease. For dependency adjudications,
House Bill 76
Revising Licensure Qualifications for Marriage and Family Therapists; Repealing GORRC, Providing for
Jurisdiction over Bare Knuckle Boxing Matches, and Providing for Vacancies of Governor Appointments
Sponsor: Senator Brass of the 28th and Representative A. Powell of the 33rd
Effective Date: May 1, 2023; Act 57
This bill repeals Chapter 1A of Title 43, relating to the Georgia Occupational Regulation Review Law (GORRC).
This bill additionally amends Chapter 4B of Title 43, which provides for the Georgia Athletic and Entertainment
Commission (“Commission”), to define “bare knuckle boxing match” and provide the Commission with jurisdiction
over such matches.
This bill also revises the licensure requirements for associate marriage and family therapists and for marriage and
family therapists. Revisions include changes in the number of required experience hours and education requirements.
This bill also amends the statute regarding vacation of offices in the state so as to provide that any Governor appointed
seat of an executive branch board, commission, or council, must be filled by appointment of the Governor as provided
by law when the seat becomes vacant or when it is declared vacant by the Governor as proscribed by law.
Senate Bill 55
Georgia Lemonade Stand Act
Sponsors: Senator Parent of the 42nd and Representative Oliver of the 82nd
Effective Date: July 1, 2023
This bill provides for businesses solely operated by person(s) under 18 years of age to operate without license, permit,
or registration, provided they meet certain parameters.
Additionally, this bill requires the Office of Student Achievement to hire an individual to serve as Georgia Literacy
Coach to be responsible for coordinating staff support for the Council and for working in coordination with the literacy
efforts of the Alliance of Agency Heads. The “Alliance of Education Agency Heads” consists of: the Governor; the State
School Superintendent; the chairperson of the State Board of Education; the chancellor of the University System of
Georgia; the chairperson of the Board of Regents of the University System of Georgia; the commissioner of the
Technical College System of Georgia; the chairperson of the State Board of the Technical College System of Georgia;
the executive secretary of the Professional Standards Commission, the chairperson of the Professional Standards
Commission; and the director of the Department of Early Care and Learning. This bill requires the Governor to direct
the alliance to work with members of the Council. The Council will be abolished on December 31, 2026.
House Bill 87
Nontraditional Special Schools Act
Sponsors: Representative Erwin of the 32nd and Senator Hatchett of the 50th
Effective Date: May 4, 2023; Act 342
This bill requires each school that transitioned from operating as a system-collaborative state charter school to
operating as a state chartered special school to choose either to be established as a completion special school or to
cease operating as a state chartered special school and provides that no state chartered special school will be eligible
for the extension or renewal of its current charter with the State Board of Education. This bill provides for the
establishment of completion special schools and the requirements for such schools. Only ‘enrollment eligible students,’
as defined in the bill, are to be enrolled in a completion special school. However, each student enrolled as of June 30,
2023, in a school operating as a state chartered special school and having previously operated as a system-collaborative
state charter school will be eligible to be enrolled in a completion special school, and students in grades nine through
twelve are permitted to attend one or more classes in a completion special school’s credit recovery, dropout prevention,
or academic intervention program on a part-time basis, subject to certain conditions.
The State Board of Education may assign only one completion special school to operate in each of the seven attendance
zones provided in the bill. Upon being established as a completion special school, if such school is currently operating
one or more programs outside the attendance zone assigned to such school, then the State Board of Education is
authorized to permit such school to continue to operate such program(s) until the earlier of June 30, 2028, or the
establishment of a new completion special school that is assigned to the attendance zone where such program(s) is
operating. Additionally, the State Board of Education is also authorized to permit an enrollment eligible student to
attend a completion special school outside of their attendance zone if: (1) such student resides in a county that is
contiguous to but outside of the attendance zone of such school; and (2) such school is located closer to such student’s
residence than the completion special school in the attendance zone of the student’s residence. Finally, this bill
requires the Department of Education to provide for a comprehensive evaluation of each completion special school
regarding the success, impact, and needs, if any, of such school. The Department must report, in writing, the results
of the evaluation to the State Board of Education at least once every five years such school remains in operation.
This bill requires each public school submit its school safety plan to: the local emergency management agency; local
law enforcement; and the Agency for approval and requires an intruder alert drill be conducted by October 1 1of each
school year. The intruder alert drill must be based on guidance from the Agency, and each local school system or public
school must promptly report to the Agency the completion of such drill. All students must participate in the intruder
alert drill; provided, however, that the local school system or public school may provide an option for a student’s parent
or guardian to elect, in writing, that such student not participate.
Each public school and local school system must administer a universal reading screener to each student in
kindergarten through third grade. If a student exhibits a significant reading deficiency after a universal reading
screener, this bill requires that such student receive a tiered reading intervention plan. This bill also requires the
parent or guardian of any student in kindergarten through third grade who exhibits a significant reading deficiency
be notified in writing and provides requirements for the notice.
This bill also: requires the Department provide an annual report on the impacts of the implementation of the
provisions of the bill; requires each public school and local school system to provide instructional support for
kindergarten through third grade teachers; requires the Board adopt a formative reading assessment for students in
first and second grades; and requires the GACE or any other assessment required by the Commission for teacher
certification to be aligned with developmentally appropriate evidence based literacy instruction.
ETHICS
This bill extends the latest time by which an election superintendent must file a report publicly and with the Secretary
of State. Also, the bill allows local election superintendents the option of conducting risk limiting audits as an
alternative to the currently-required precertification tabulation audits.
An employee of the county, municipal government, state, elections official, elections superintendent, registrar, or poll
worker who accepts something of value in violation of the bill’s terms may face felony charges. If convicted, the
individual would be punished with a prison sentence of one year or more and a fine of $10,000.00 or more. The
prohibitions of this bill do not apply to: the donation or use of locations for voting purposes, services provided by
individuals without remuneration, or goods that have a nominal value of less than $500.00.
Additionally, this bill provides that the State Elections Board (Board) must be a distinct budget unit and independent
state agency attached to the Secretary of State for administrative purposes only. The bill provides for the appointment
of an Executive Director of the Board and duties for the same and provides for other considerations regarding the
Board.
FINANCE
Senate Bill 56
Tax Commissioner Deferred Compensation Plan
Sponsors: Senator Hufstetler of the 52nd and Representative Mitchell Scoggins of the 14th
Effective Date: Various. Signed May 2, 2023; Act 236
This bill provides for the administration of a deferred compensation plan offered as a state benefit for eligible county
tax commissioners. This bill also provides for Internal Revenue Code conformity and updates the Georgia Code to
incorporate certain changes in federal law into Georgia law. Current law provides a tax on every resident of this state
with respect to the Georgia taxable net income of the taxpayer. A tax is imposed upon every nonresident with respect
to such nonresident's Georgia taxable net income not otherwise exempted which is received by the taxpayer from
services performed, property owned, proceeds of any lottery prize awarded by the Georgia Lottery Corporation, or from
business carried on in this state. Current law provides for a revision of the rate of income tax for individuals to 4.99
percent over a six-year period. However, such changes in the rate of taxation will only occur if the following triggers
are met: (i) the Governor’s revenue estimate for the succeeding fiscal year is at least 3 percent above the Governor’s
revised revenue estimate for the present fiscal year; (ii) the prior fiscal year’s net revenue collection was higher than
each of the preceding five fiscal years’ net tax revenue collection; and (iii) the Revenue Shortfall Reserve, provided for
in Code Section 45-12-93, contains a sum that exceeds the amount of the decrease in state revenue projected to occur
as a result of the prospective reduction in the tax rates set to occur in the following year.
This bill revises look-back provisions in the above triggers to provide for a three-year look-back period rather than
five-years, such that the prior fiscal year’s net revenue collection must be higher than each of the preceding three
fiscal years’ net tax revenue collection. Current law provides for a schedule of standard deductions which each tax
payer is allowed as a personal exemption for taxable years beginning on or after January 1, 2024. This bill strikes this
schedule and instead provides that each taxpayer is allowed as a deduction in computing their Georgia taxable income
a personal exemption in the amount of $3,000.00 for each dependent of such taxpayer.
Under current law, in addition to the exemptions discussed above, an individual taxpayer may, for taxable years
beginning on or after January 1, 2024, deduct the sum of all itemized nonbusiness deductions used in computing such
taxpayer’s federal taxable income. This bill provides that, at the taxpayer’s election, they may alternatively choose to
take a standard deduction in the amount of $24,000.00 for married couples filing a joint return, or for single taxpayers,
head of household, or married taxpayers filing a separate return, $12,000.00.
This bill adds a new Code section which provides that for taxable years beginning on or after January 1, 2024, each
eligible itemizer is entitled to a credit in the amount of $300.00 per taxpayer. This tax credit claimed, must be deducted
from the taxpayer's individual income tax liability, if any, for the tax year in which it is properly claimed; provided,
however, that in no event can: (1) the total amount of the tax credit under this Code section for a taxable year exceed
such taxpayer's income tax liability; or (2) such credit amount be allowed to be carried forward to the taxpayer's
succeeding years' tax liability or applied against prior years' tax liability. This bill also updates the definition of ‘force
majeure,’ regarding tax credits for business enterprises planning a qualified project.
This bill also provides for a tax for the sale or purchase of certain digital products, goods, and codes.
House Bill 31
Hazardous Waste Fee Dedication
Sponsors: Buckner of the 137th and Hufstetler of the 52nd
Effective Date: July 1, 2023
Dedicates certain hazardous waste fee proceeds to the Hazardous Waste Trust Fund.
House Bill 86
Tax Credit for Certain Property Used for Renovation of Certain Aquariums and Zoological Institutions
Sponsors: Representative Rhodes of the 124th and Senator Albers of the 56th
Effective Date: July 1, 2023
This bill provides a tax credit for the sale or use of tangible personal property used for or in the renovation or expansion
of certain aquariums and zoological institutions.
House Bill 95
Annual IRC Conformity
Sponsors: Representative Knight of the 134th and Senator Hickman of the 4th
Effective Date: May 2, 2023; Act 235
This bill provides for the annual Internal Revenue Code conformity.
House Resolution 66
Ratifying Governor Kemp’s Fuel and Diesel Tax Suspension
Sponsors: Representative Gambill of the 15th and Senator Hodges of the 3rd
This resolution ratifies Governor Kemp’s Executive Orders, suspending the collection of motor fuel and diesel fuel
taxes.
GOVERNMENT OVERSIGHT
Senate Bill 3
Reducing Barriers to State Employment Act of 2023
Sponsors: Senator Albers of the 56th and Representative Hilton of the 48th
Effective Date: July 1, 2023
This bill requires the Department of Administrative Services to assess the educational requirements necessary for
jobs in various entities and identify jobs where the requirements could be reduced. The Department is specifically
directed to reduce, where practicable, the number of jobs for which a four-year college degree is a required condition
of employment.
The bill amends existing code regarding the Georgia Data Analytic Center (GDAC), which compiles data from across
the state government. The bill grants recourse to a state agency when the agency requests data from another state
agency and the request is denied. It empowers the director of the Office of Planning and Budget with the authority to
review data sharing disputes and to compel the production of the data from the disputing agency.
Senate Bill 1
Urges the East Point and South Fulton Hospital Authorities to Establish a New Hospital
Sponsors: Senator Dolezal of the 27th and Representative Jones of the 25th
Effective Date: May 2, 2023; Act 254
This bill removes the automatic repealer provision on the prohibition of state and local governments from requiring
proof of COVID-19 vaccination for government services.
Senate Bill 46
Amends the Georgia HIV/Syphilis Pregnancy Screening Act of 2015’s Testing Requirements
Sponsors: Senator Hufstetler of the 52nd and Representative Cooper of the 45th
Effective Date: July 1, 2023
This bill amends when testing for HIV and syphilis must be performed on a pregnant woman. Under this legislation,
a physician or other healthcare provider who is providing prenatal care for a pregnant woman must test said pregnant
woman for HIV and syphilis at the first prenatal visit, any time during the 28th to 32nd week of gestation, and at
delivery. However, such a pregnant woman retains her ability to refuse such testing.
Senate Bill 47
Amends Certain Definitions in the Georgia Smoke-Free Air Act of 2005
Sponsors: Senator Hufstetler of the 52nd and Representative Cooper of the 45th
Effective Date: July 1, 2023
House Bill 85
Requires Coverage for Biomarker Testing by Health Benefit Policies and Medicaid
Sponsors: Representative Cooper of the 45th and Senator Kirkpatrick of the 32nd
Effective Date: July 1, 2023
Under this bill, all health benefit policies renewed or issued beginning on July 1, 2023, must include coverage for
biomarker testing as provided in this legislation. Additionally, DCH must provide Medicaid coverage for biomarker
testing if supported by medical and scientific evidence. This biomarker testing must be covered for the purposes of
diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee's disease or condition when the
testing is supported by medical and scientific evidence.
This bill requires DCH to certify an applicant for certification as a certified nurse aide who meets the following
qualifications: has relevant professional or educational experience as determined by DCH; and has achieved a
minimum score, as established by DCH’s rules, on a certified nurse aide competency examination consisting of a
written portion and a skills-demonstration portion, as approved by DCH.
HIGHER EDUCATION
Senate Bill 86
Authorizes Dual Enrollment Students to Access HOPE Grant Funds for CTAE Courses in High-Demand
Fields
Sponsors: Senator Brass of the 28th and Representative Townsend of the 179th
Effective Date: July 1, 2023
This bill authorizes each student participating in Dual Enrollment, beginning July 1, 2023, to access HOPE grant
funds for eligible CTAE courses. Eligible CTAE course is defined as all career, technical, and agricultural education
courses which are aligned with the department’s Career Clusters and Pathways programs and which are included in
the eligible course list. This bill requires the Georgia Student Finance Commission, in collaboration with the Technical
College System of Georgia, collect and report various data. This data collection must begin on July 1, 2023 and
continue for three years. The Georgia Student Finance Commission to provide an interim report, no later than January
1 of each year and requires a final report no later than September 1, 2026.
This bill requires the Department of Education or any organization that receives Dual Enrollment funds to annually
report certain data to the Georgia Student Finance Commission. Further, this bill requires the Georgia Student
Finance Commission maintain and annually provide a report to the Governor and the General Assembly of data for
the three preceding school years. This report must, at a minimum, include the impact of the program on credential
attainment and cost savings resulting from the program.
Subject to the amount appropriated by the General Assembly and other available funding, eligible students enrolled
in an authorized IPSE program on or before July 1, 2028: (1) will receive an IPSE grant in an amount equal to the
current academic year standard undergraduate tuition amount at each student’s respective qualified postsecondary
institution; and (2) may receive an additional IPSE grant in an amount not to exceed the fees charged for the current
academic year for each student’s respective IPSE program. To be eligible for an IPSE grant, a student must meet the
requirements of Code Section 20-3-519.1(a)(1), relating to residency requirements, Code Section 20-3-519.1(b), relating
to HOPE scholarship ineligibility; and meet enrollment standards by being admitted and enrolled in an authorized
IPSE program at a qualified postsecondary institution. The Georgia Student Finance Authority must establish rules
and regulations to implement the requirements of this bill. The bill provides the minimum requirements for such rules
and regulations governing each authorized IPSE program.
This bill adds a new Code Section relating to the Georgia Board of Healthcare Workforce, authorizing the board to
approve the applications of eligible applicants submitted in accordance with rules and regulations governing the
student loan repayment application process. For the purposes of this bill, an ‘eligible applicant’ is someone who: (1) is
a legal resident of Georgia; (2) is a registered professional nurse duly licensed and authorized to practice in this state;
(3) holds a master’s or doctoral degree in nursing; and (4) is currently employed and has been employed for at least
one year as a faculty member of a nursing program at a postsecondary institution that is a unit of the University
System of Georgia an institution subject to Code Section 20-3-250.3(a)(10), or a unit of the Technical College System
of Georgia in a position that requires an advanced degree in professional nursing.
The bill authorizes the authority to provide for the repayment of student loans held by a recipient in consideration of
the recipient performing services in the form of the practice of medicine as a full time medical examiner employed by
the Division of Forensic Sciences of the GBI. Before being granted student loan repayment, each recipient must enter
into a student loan repayment agreement with the authority agreeing to the terms and conditions upon which
repayment is granted. The bill also provides requirements that each student loan repayment agreement pursuant to
this bill must meet. Additionally, the bill notes that such student loan repayment is contingent upon the appropriation
of funds by the General Assembly in annual appropriations Acts of the General Assembly.
The Georgia Student Finance Commission, subject to appropriations, provides a needs based financial aid program to
provide grants to eligible students for undergraduate level postsecondary education at qualified institutions. This bill
amends the completion percentage of the credit requirement imposed on an eligible student by establishing different
requirements based on the duration of the program. For a four-year program, the eligible student must have completed
70 percent of the credit requirements toward the credential of his or her program of study. For a two-year program,
the eligible student must have completed 45 percent of the credit requirements toward the credential of his or her
program of study. This bill increases the maximum award amount per eligible student to $3,500 in total, provided
that no single payment exceeds $2,500 per eligible student.
Senate Bill 20
Consumer Access to Contracted Healthcare Act
Sponsors: Senator Kirkpatrick of the 32nd and Representative Hawkins of the 27th
Effective Date: Applies to all policies or contracts entered or renewed on and after January 1, 2024
This bill requires insurers that provide a network plan to contract with and maintain a network of participating
providers in a sufficient number and appropriate type, including primary care and specialty care, pharmacies, clinical
laboratories, and facilities, throughout a plan’s service area, as determined by the Insurance Commissioner
(Commissioner). Similarly, insurers that provide mental health and substance use disorder (MH/SUD) coverage must
contract with and maintain a network of participating providers that specialize in MH/SUD services in a sufficient
number and appropriate type throughout a plan’s service area. Additionally, an insurer is required to monitor on an
ongoing basis the ability, clinical capacity, and legal authority of its participating providers to provide all the
contracted covered benefits. This legislation requires the Commissioner to determine and assess network adequacy
and breadth of a network plan using appropriate qualitative and quantitative criteria. This bill adds annual reporting
requirements on insurers to the Commissioner regarding quantitative data necessary to demonstrate compliance. The
Commissioner is further authorized to take any action including, but not limited to, imposing monetary penalties;
imposing a compliance plan; ordering the insurer to develop a compliance plan; or ordering the insurer to reprocess
claims.
Senate Bill 27
Amends the Noncovered Eye Care Services Act
Sponsors: Senator Brass of the 28th and Representative Gambill of the 15th
Effective Date: Applies to all policies or contracts entered or renewed on and after July 1, 2023
This bill limits certain acts of insurers with regard to ophthalmologists and optometrists and eye care benefit plans.
This legislation prohibits insurers from requiring an ophthalmologist or optometrist to extend any discounts on
services that are not covered eye care services in order to receive increased payments, better reimbursements,
preferential treatment, or any other benefit.
Senate Bill 61
Removes Sunset Provision Relating to Immediate Family Sick Leave Requirements
Sponsors: Senator Strickland of the 17th and Representative Daniel of the 117th
Effective Date: May 1, 2023; Act 90
This bill eliminates the automatic repealer on statutory leave requirements for the care of immediate family members.
Senate Bill 91
Delays the Dissolution of the Subsequent Injury Trust Fund
Sponsors: Senator Dixon of the 45th and Representative Gaines of the 120th
Effective Date: July 1, 2023
This bill extends the termination date for the Subsequent Injury Trust Fund to December 31, 2025.
JUDICIARY
Senate Bill 44
Mandatory Minimum Penalties for Violations of Georgia Street Gang and Terrorism Prevention Act; Bail
Restricted Offenses and Unsecured Judicial Release
Sponsors: Senator Hatchett of the 50th and Representative Hong of the 103rd
Effective Date: July 1, 2023
This bill revises the punishment for violations of the Georgia Street Gang and Terrorism Prevention Act by striking
existing sentencing parameters and instead providing that, unless otherwise provided, violations are punished by a
mandatory minimum term of imprisonment of between five (5) and twenty (20) years, to be served consecutively to
other imposed sentences, and no portion of the mandatory minimum sentence may be suspended, stayed, probated,
deferred, or withheld by the sentencing court. This bill additionally provides for motion by the district attorney for
deviation from the mandatory minimum if a defendant provides substantial assistance in the identification, arrest, or
conviction of such person’s accomplices, accessories, conspirators, leaders, or principals. This bill additionally provides
that a judge may deviate from the mandatory minimum if the judge concludes that the defendant was not the leader
of the criminal conduct; the defendant did not possess or use a firearm, dangerous weapon, or hazardous object during
the crime; the criminal conduct did not result in death or serious bodily injury to a person other than someone who
was a party to the crime; that the defendant has no prior felony conviction; and that the interests of justice will not
be served by the imposition of the prescribed mandatory minimum sentence. A judge must specify the circumstances
for the reduction from the mandatory minimum and the interests served by such departure. This order is appealable
by the State of Georgia.
This bill additionally revises sentencing under the Georgia Street Gang and Terrorism Prevention Act for recruiting
if such violation involves a person who is under 17 years of age or a person with a disability, are punished on a first
conviction by a mandatory term of imprisonment of ten (10) to twenty (20) years, to be served consecutively to other
imposed sentences, and no portion of the mandatory minimum sentence may be suspended, stayed, probated, deferred,
or withheld by the sentencing court. Upon a second or subsequent conviction, violators are punished by a mandatory
term of imprisonment of fifteen (15) to twenty-five years (25), to be served consecutively to other imposed sentences,
and no portion of the mandatory minimum sentence may be suspended, stayed, probated, deferred, or withheld by the
sentencing court. Neither the district attorney nor the judge is permitted to deviate from any mandatory minimums
provided for such violations.
Senate Bill 59
Office of the Inspector General
Sponsors: Senator Hatchett of the 50th and Representative Hong of the 103rd
Effective Date: March 29, 2023; Act 5
This bill creates the Office of the Inspector General (OIG), the purpose of which is to investigate the management and
operation of agencies. This bill authorizes the OIG to conduct investigations of alleged fraud, waste, abuse, or
corruption against an agency of the state. Additionally, this bill authorizes discipline, including employment
termination, for failure to comply with an OIG investigation.
Senate Bill 60
Secondary Metal Recyclers and Used, Detached Catalytic Converters
Sponsors: Senator Hatchett of the 50th and Representative McDonald of the 26th
Effective Date: Section 1-4, which authorizes secondary metals recyclers to make payments for regulated
property via cash, is effective January 1, 2024; Part Two of this bill, which provides for the sunset of
Section 1-4, is effective on January 1, 2026, and will apply to transactions occurring on and after that
date provided that Part Two will not affect the prosecution of any crimes for conduct under the previous
law while the law was effective and will not abate any prosecutions thereunder; all other parts of this
bill are effective July 1, 2023.
This bill makes it unlawful for a person to purchase, solicit, or advertise for the purchase of a used, detached catalytic
converter or any nonferrous metal parts of a catalytic converter, unless the person is a registered secondary metals
recycler in full compliance with all requirements. This bill revises the penalties for buying or selling regulated metal
property in violation of Article 14 of Chapter 1 of Title 10, regarding secondary metals recyclers, so as to provide that
when such regulated metal property is unlawfully obtained and results in property damage exceeding the aggregate
amount of $1,500.00, the violation is punished as a felony and is subject to imprisonment of between one and ten
years. Additionally, this bill provides that each unlawfully possessed or obtained used, detached catalytic converter is
considered a separate offense under this code section.
This bill authorizes secondary metals recyclers to make payments for regulated property via cash and provides
limitations for such payments. This provision sunsets on January 1, 2026. This bill authorizes the sheriff’s office to
require secondary metals recyclers submit certain information prior to the issuance or renewal of a secondary metals
recycler license. Additionally, this bill amends the required information a secondary metals recycler must report to
the GBI to include a statement as to whether such secondary metals recycler’s registration or business license has
been revoked, suspended, or canceled in the previous year. This bill additionally requires each secondary metals
recycler to electronically submit to the GBI a record of the receipt of each purchase of a used, detached catalytic
converter or any nonferrous metal parts of a catalytic converter, from an industrial account or a secondary metals
recycler.
Senate Bill 66
Additional Judge of the Superior Court of the Atlantic Judicial Circuit
Sponsor: Senator Hickman of the 4th and Representative Werkheiser of the 157th
Effective Date: May 1, 2023; Act 76
This bill increases the number of superior court judges for the Atlantic Judicial Circuit from four to five judges. The
additional judge will be appointed by the governor for a term beginning on January 1, 2024, and expiring on December
31, 2026. A non-partisan judicial election will be held in 2026.
Senate Bill 92
Prosecuting Attorneys Qualifications Commission
Sponsor: Senator Robertson of the 29th and Representative Gullett of the 19th
Effective Date: For the purposes of appointing members of the commission, this bill is effective upon its
approval by the Governor; for all other purposes, this bill is effective on July 1, 2023
This bill creates the Prosecuting Attorneys Qualifications Commission, which will have the power to discipline,
remove, and cause involuntary retirement of appointed or elected district attorneys or solicitors-general. The
membership of the commission, appointment and terms, filling of vacancies, and term limits of this commission are
set out by this bill. The commission will consist of an investigative panel and a hearing panel, the duties of each panel
are provided by this bill. This bill additionally provides grounds for discipline of a district attorney or solicitor-general
or for his or her removal or involuntary retirement from office.
House Bill 77
Additional Judge of the Superior Court of the Dougherty Judicial Circuit
Sponsors: Representative Greene of the 154th and Senator Sims of the 12th
Effective Date: July 1, 2023
This bill increases the number of superior court judges for the Dougherty Judicial Circuit from three to four judges.
The additional judge will be appointed by the governor for a term beginning on January 1, 2024, and expiring on
December 31, 2026. A non-partisan judicial election will be held in 2026.
House Bill 80
Uniform Unsworn Declarations Act
Sponsors: Representative Leverett of the 123rd and Senator Kennedy of the 18th
Effective Date: July 1, 2023
This bill provides that certain unsworn declarations given under penalty of perjury by persons outside of the United
States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction
of the United States, have the same effect as a sworn declaration, provided it meets certain requirements, such as the
inclusion of a statement attesting that such statement is given under penalty of perjury and attesting that the
declarant is outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands,
and any territory or insular possession subject to the jurisdiction of the United States. This bill additionally amends
the offense of perjury to include knowing and willful material false statements made by a person in the execution of
an unsworn declaration provided under this bill.
House Bill 91
Notice to Will Beneficiaries Regarding Filing of Petitions to Probate Wills and Revision to the Definition
of “Security Account” for the Uniform Transfer on Death Security Registration Act.
Sponsors: Representative Wade of the 9th and Senator Hatchett of the 50th
Effective Date: July 1, 2023
This bill requires personal representatives who are probating a will to notify beneficiaries of such will that letters
testamentary or letters of administration have been issued, within 30 days of such issuance. Such notice must inform
the beneficiaries that the letters have been issued and provide the name, mailing address and telephone number of
the personal representative, unless the beneficiary has waived such notice in writing and the personal representative
must file copies of the notice with the probate court. The bill further provides that any personal representative who
fails, without sufficient cause, to provide their name, mailing address, and telephone number within five business
days of a request by a beneficiary or the court, or who does not comply with the above notice requirements, may be
cited to appear and show cause why the representative’s letters should not be revoked.
This bill revises the definition of security account within the Uniform Transfer on Death Registration Act to include
the following: an investment management account, investment advisory account, investment agency account, custody
account, or any other type of security or trust account with a financial institution, 1 including the securities in the
account, the cash balance in the account, and cash equivalents, and any interest, earnings, or dividends earned or
declared on a security in the account, whether or not credited to the account before the owner's death.
1 This bill incorporates the definition of “financial institution” from Code Section 7-1-911, which provides the term means a state
or national bank, a trust company, a state savings and loan association or a federal savings and loan association, a state or
federal credit union, an international bank agency doing business in the state pursuant to the International Bank Agency Act or
authorized to do business pursuant to Article 5 of Chapter 1 of Title 7, or a licensee under Article 4 or Article 4A of Chapter 1 of
Title 7 engaged in the business of cashing payment instruments or wire transfers.
Additionally, this bill provides for a trustee foreclosure procedure as an additional method through which an owner’s
association or its managing agent, or a mortgagee may foreclose its lien upon a time-share estate. The bill provides
requirements for who may serve as trustee, certain notice requirements, and permits the owner of a time-share estate
to cure default and redeem the estate.
PUBLIC SAFETY
Senate Bill 11
Georgia Fights Terrorism Act
Sponsors: Senator Albers of the 56th and Representative Lott of the 131st
Effective Date: May 1, 2023; Act 74
This bill authorizes the GBI to work independently, work concurrently with other law enforcement agencies, and
request the assistance of other law enforcement agencies, when, in the sole discretion of the director, such work would
not compromise the successful completion of cases involving the identification, investigation, arrest, and prosecution
of an individual or groups of individuals for the violation of laws involving domestic, cyber, biological, chemical, and
nuclear terrorism.
Senate Bill 42
Human Trafficking Hotline Information: Increasing the Fine for Failure to Comply with Model Notice
Requirements
Sponsors: Senator Hodges of the 3rd and Representative Wade of the 9th
Effective Date: July 1, 2023
Under Georgia law, certain businesses and establishments must post the model notice provided by the GBI or
substantially similar notice providing information on how to contact the National Human Trafficking Hotline.
Currently, failure to do so results in the misdemeanor offense of failure to post the National Human Trafficking
Resource Center hotline number and may be punished by a fine of not more than $500. A second or subsequent offense
is a high and aggravated misdemeanor that must be punished by a fine not to exceed $5,000. This bill increases the
fine so that the first offense must be punished by a fine of not less than $500 nor more than $1,000. It also requires
that the second or subsequent offense is punished by a minimum fine of $1,000, while maintaining the current
maximum of $5,000.
Senate Bill 68
Including Dogfighting as a Racketeering Activity
Sponsors: Senator Williams of the 25th and Representative Vance of the 133rd
Effective Date: July 1, 2023
O.C.G.A. § 16-14-3(5)(A) lists offenses that qualify as racketeering activity. This bill adds the offenses enumerated in
Code Section 16-12-37, which includes dogfighting, to the list.
Senate Bill 95
Tire Recycling Bill
Sponsors: Senator Robertson of the 29th and Representative Petrea of the 166th
Effective Date: July 1, 2023
This legislation adds a representative of the tire industry to the list of Governor’s appointees to the Recycling Market
Development Council. Further, this legislation revises the point of imposition and collection of a fee on the sale of new
replacement tires and provides for constitutional requirements.
RETIREMENT
Senate Bill 62
Prohibits Camping or Sleeping in Unauthorized Areas
Sponsors: Senator Summers of the 13th and Representative Dempsey of the 13th
Effective Date: July 1, 2023
This bill requires a county or municipal corporation not to adopt or enforce any written policy prohibiting the
enforcement of any ordinance prohibiting unauthorized public camping, sleeping, or obstruction of sidewalks. The bill
authorizes the Attorney General to bring a civil action against a county or municipality which adopts or enforces a
written policy that prohibits the enforcement of any ordinance prohibiting unauthorized camping, sleeping or
obstruction of sidewalks. Additionally, this bill provides for private individuals to bring a writ of mandamus when a
county or municipal corporation adopts a written policy of non-enforcement of any ordinance prohibiting unauthorized
public camping, sleeping, or obstruction of sidewalks. The bill also provides for an audit on public spending on
homeless programs and requires local government cooperation. It prohibits hospitals, local governments, and local
authorities from dropping off homeless individuals (with exceptions).
This bill also imposes additional procedures, conditions, and limitations on the current process by which a municipal
corporation may deannex an area. These include limiting a deannexation action to ten parcels of property at a time
and prohibiting deannexation if the municipality has outstanding general obligation bond or revenue bond debt.
TRANSPORTATION
House Bill 35
Powers of the Georgia Ports Authority and Its Peace Officers
Sponsors: Representative Hitchens of the 161st and Senator B. Watson of the 1st
Effective Date: July 1, 2023
This bill revises the powers of the Georgia Ports Authority, authorizing it to appoint and select employees designated
as security personnel and peace officers. The bill also expands the duties and powers of Georgia Ports Authority peace
officers.
Senate Bill 21
Amending the Operations of the Georgia Veterans Service Foundation
Sponsors: Senator Kirkpatrick of the 32nd and Representative Bonner of the 73rd
Effective Date: July 1, 2023
Current law provides that the Georgia Veterans Service Foundation board of directors is to be composed of seven
people who must have honorably served at least three months in the U.S. Military or two years in a reserve or National
Guard component of the military. This bill expands board membership to a range of seven to thirteen people, and it
lowers the military service requirement from all members to only four board members. Furthermore, under current
law, board members serve seven-year terms that must be staggered so that one member completes a term each year.
This bill lowers the term period to three years and only requires such terms to be staggered, eliminating the
Senate Bill 93
Restricting the Use of Certain Social Media Platforms on State Equipment
Sponsors: Senator Anavitarte of the 31st and Representative Crowe of the 118th
Effective Date: May 2, 2023; Act 255
This bill prohibits a state employee or student from installing, using, or visiting any social media platform on state
equipment when: (1) the company that directly or indirectly owns or operates such social media platform is: (a) directly
or indirectly owned or operated by a foreign adversary or is domiciled in, has its principal place of business in, has
headquarters in, or is organized under the laws of a foreign adversary, (b) domiciled or has its principle place of
business or headquarters in a foreign adversary; or (c) organized under the laws of a foreign adversary; (2) a foreign
adversary has substantial direct or indirect control or influence over the content moderation practices of a company
which directly or indirectly owns or operates such social media platform; or (3) the social media platform uses software
or an algorithm that is directly or indirectly controlled or monitored by a foreign adversary. However, this bill allows
a state employee to install, use, or visit an otherwise prohibited social media platform for law enforcement purposes,
cybersecurity research and development, or judicial or legislative proceedings. This legislation also requires the
director of GEMA/HS to prepare, maintain, and update a list of social media platforms that violate this bill, as
determined by the director, and make the list publicly available on the agency’s website.