Editor’s Note: The following legislative update is from Rep. Victor Anderson (R-Cornelia) who represents the 10th State House District of Georgia. The opinions in this column are his. You may contact Rep. Anderson at victor.anderson@house.
Greetings from the Gold Dome!
Monday, February 28, we returned to the Gold Dome for week eight of our legislative session. It was an eventful week as we passed many bills and resolutions on the House floor. As our Crossover Day [March 15] deadline is quickly approaching, we are all working hard to ensure the passage of sound policy and positive legislation to benefit our citizens and state. Last week we tackled tax reform, healthcare and agriculture, which is covered in the full update below.
In addition to our regularly scheduled session this week, our Georgia Secretary of State will also be hosting qualifying week for the upcoming election cycle. After much prayer and consideration, I am excited to announce that I will be seeking re-election to continue my service as your House Representative within the Georgia General Assembly. Our family sincerely appreciates the guidance and wisdom so many have lent over the years, and we are grateful to have your support as we work to continue serving our home.
As always, I will be updating you weekly on all happenings concerning your government at work. If you have concerns or questions regarding legislation, I ask that you reach out to our office directly. Thank you for allowing me the honor and privilege of serving our home under the Gold Dome. May God bless you, and may He continue to bless the great state of Georgia.
Tax Reform
Tax reform is always an ongoing conversation and priority under the Gold Dome. Last week we successfully passed a number of tax friendly policies, most notably in the form of House Bill 1302 benefiting all Georgians and House Bill 1064 aimed towards assisting our veterans.
Our conservative stewardship of our state’s general fund has paid off, quite literally, as we have a surplus of $1.6 billion in undesignated funding. Therefore, it was an easy decision to vote in favor of House Bill 1302, which will give these funds back to our Georgia families. The tax credits outlined within the bill, based off 2020 filings, are as follows:
- Provides a one-time tax credit for eligible Georgia taxpayers who filed income tax returns in both 2020 and 2021.
- Single tax filers would receive a $250 refund.
- Head-of-household filers would receive $375.
- Joint filers would receive a $500 refund.
- Refunds would not be available for non-residents, individuals who were claimed as a dependent for the 2020 or 2021 tax years, estates nor trusts.
If signed into law, the refund would be automatically credited on an individuals filed income tax return for 2021. This means the refunds would first be credited against a filer’s outstanding income tax liability prior to being issued directly to the taxpayer. Further, this tax refund would not be taxable under Georgia law, and taxpayers would not accrue interest on the rebate. After a tumultuous and uncertain couple of years, the ability to refund our hardworking citizens is affirmation that we made the right decision to reopen our state’s economy, trust in personal responsibility and continue to support our businesses during the pandemic.
Did you know that Georgia houses one of the largest military and veteran populations in the nation? To that end, we have always worked hard to ensure our men and women in uniform know they are appreciated. Last week solidified our efforts as a military-friendly state through the passage of House Bill 1064. This bill works to give money back to those who protect us.
The bill exempts up to $17,500 in military retirement income from state income taxes for retired service members under 62 years old. If a military retiree continues to work and earns at least $17,500, the retiree would be eligible for an additional exemption up to $17,500 in state income taxes for a total exemption of $35,000. If passed and signed into law, this exemption would become effective on July 1, 2022, and subsequently applicable to all taxable years starting January 1, 2022. We are grateful that so many U.S. military retirees have chosen to call Georgia home, and this legislation would greatly benefit these individuals, especially as the cost of living and inflation has increased recently.
Agricultural Education
As the largest economic engine in our state, adding billions to our state’s economy on an annual basis, Agriculture is always at the forefront of conversation during our legislative sessions. To continue our support of Georgia’s AG community, we successfully passed two bills that allow for hands-on agricultural experiences for our Georgia students.
House Bill 1303 authorizes the Georgia Department of Education (GaDOE) to implement agricultural education programs in all public elementary schools. This bill also requires our schools hire an agricultural education teacher for these programs.
We also passed House Bill 1292 to ensure that students would not be penalized for missing school when they participate in our state’s invaluable 4-H activities and programs. Under HB 1292, a school could request documentation from a 4-H representative if a student was absent due to involvement in the organization. We are hopeful these bills will educate Georgia students on our state’s largest industry while encouraging them to explore their career options in agriculture.
Healthcare
Last week we also passed House Bill 1348 which would add vaping to the Georgia Smoke-free Air Act and align our vaping laws with our cigarette smoking laws. Under the bill, vaping would be prohibited inside most public areas, such as restaurants and government buildings. Additionally, businesses would be able to designate enclosed areas for vaping that would be separate from non-vaping areas, and individuals who vape in prohibited public spaces would face a $100 to $500 fine.
Bills of Interest
During week eight of session, the following House bills and Senate bill were also passed:
House Bill 1 – or the Forming Open and Robust University Minds Act – which would establish that unrestricted outdoor areas of University System of Georgia and the Technical College System of Georgia campuses are public forums for their campus communities, and this bill would prohibit these institutions from restricting expressive activities in those areas or designating any campus areas as a “free speech zone;”
House Bill 389, which would codify existing case law to determine whether work classifies a person as an employee or an independent contractor, and this bill would create an enforcement mechanism by adding a civil penalty paid to the Georgia Department of Labor if an employer misclassifies its employees;
House Bill 508, which would make it unlawful for a person to advertise or conduct a performance or production in Georgia by using any false, deceptive or misleading affiliation, connection or association without authorization; this bill would also create the Georgia True Origin of Digital Goods Act to require websites that distribute commercial recordings or audiovisuals to consumers to clearly disclose its physical address, telephone number and email address on such website or online service;
House Bill 916, or the Superior and State Court Appellate Practice Act, which would modernize and simplify the manner of appealing from lower courts to state courts to ensure that appeal decisions are based on merits and not dismissed on complex procedural grounds;
House Bill 960, which would establish the Office of the Inspector General to investigate the management and operation of state agencies, including complaints alleging fraud, waste or corruption committed against or within an agency;
House Bill 961, which would authorize the apportionment of damages based on who was at fault in single-defendant lawsuits rather than solely in multi-defendant lawsuits;
House Bill 974, which would require recorded instruments, such as deeds, mortgages, liens, maps/plats and state tax executions, to be filed electronically or delivered in person to superior court clerks, and this bill includes certain instructions for these filings;
House Bill 1009, which would provide definitions and operation guidelines for personal delivery devices, such as driverless vehicles, and would prohibit local authorities from enacting ordinances regarding personal delivery devices under specific conditions;
House Bill 1056, which would allow the Georgia Firefighters’ Pension Fund to invest up to 15 percent of the fund’s total assets in alternative investments;
House Bill 1058, which would eliminate the requirement that affiliated corporations have prior approval from or have been requested to file a consolidated income tax return by the Georgia Department of Revenue, and instead, allow affiliated corporations to file these returns without the request or approval of the department;
House Bill 1084, or the Protect Students First Act, which would prevent the use of and reliance on curricula or training programs in state public schools that espouse “divisive concepts” that are specifically included in this bill, and the bill would require each local board of education to adopt a complaint resolution policy to address complaints or violations of this new policy, as well as establish an appeal process for violations through the State Board of Education;
House Bill 1150, or the Freedom to Farm Act, which would update Georgia laws in order to prevent a nuisance lawsuit from being brought against a farming operation that has been active for more than one year, address concentrated animal feeding operation (CAFO) requirements and clarify that the provisions of the proposed law do not apply if a nuisance is caused by negligence or illegal operations;
House Bill 1175, which would authorize and establish regulations and standards regarding the safety, transportation and sale of raw milk in Georgia and would give the Department of Agriculture permitting and enforcement authority;
House Bill 1178, or the Parents’ Bill of Rights, which would codify a parent’s fundamental right to direct the upbringing and education of their minor children, create certain standards to prevent schools from infringing upon these fundamental rights, as well as require the school board or its governing body to consult with parents, teachers and administrators to develop and adopt policies that promote parental involvement in public schools;
House Bill 1182, which would provide that specified provisions in Georgia law do not apply to the county sale of property that contains any portion of a manmade lake;
House Bill 1183, which would clean up existing Georgia law and revise the timeline for bond remissions in criminal cases by providing more time for the court to bring in defendants;
House Bill 1188, which would revise the crimes of “child molestation” and “sexual exploitation of children” to specify that each individual violation of the crimes can be charged as its own count;
House Bill 1216, which would enhance the penalties for fleeing or attempting to elude a police officer;
House Bill 1219, which would increase the number of members on the Georgia Board of Dentistry to include more dentists, dental hygienists, as well as a dental education expert;
House Bill 1271, which would prohibit a property owner’s association from enacting covenants after July 1, 2022, that forbid a lot owner from displaying an official U.S. flag in certain ways;
House Bill 1274, which would define “antisemitism” in Georgia’s laws as the harassment of a person of actual or perceived Jewish origin, ancestry, ethnicity or faith;
House Bill 1288, which would provide for the assignment of certain group-term life insurance benefits to pay for funeral services of a deceased individual who was a member of the Employees’ Retirement System of Georgia, the Georgia Legislative Retirement System or the Georgia Judicial Retirement System;
House Bill 1294, which would require landowners to send notice within three days to all responsible parties if a local government agent determines that an abandoned mobile home is derelict;
House Bill 1308, which would allow for a sponsor of a health benefit plan to consent on behalf of an enrollee to the electronic delivery of all communications and identification cards for the plan, and enrollees would be able to opt out of electronic communications;
House Bill 1324, which would require insurers to provide coverage for emergency physical or mental health care regardless of the diagnosis given;
House Bill 1346, which would allow a clerk of superior courts, who would otherwise be prohibited from practicing law in his/her name, to serve as a judge advocate or any other role in an active duty or reserve component of the armed forces;
House Bill 1349, which would change the qualifying date from July 1, 2005, to July 1, 2022, for land the Georgia Department of Natural Resources withholds from actions that result in the loss of state-owned acreage available for hunting;
House Bill 1352, which would provide certain protocols for the Georgia Department of Revenue when it handles unclaimed property, including processing unclaimed property claims and retaining wills or trusts;
House Bill 1377, which would authorize a civil cause of action for injunctive relief without having to show special or irreparable damage in the event that a non-government employer fails to properly deduct and withhold from wages as required by Georgia income tax law, and this bill clarifies that the court would award costs and expenses, including attorneys’ fees, to the prevailing party;
Senate Bill 472, which would update the election districts for members of the Georgia Public Service Commission.
The 10th House District includes portions of Habersham and White counties. Rep. Anderson serves on the House Energy, Utilities & Telecommunications Committee, Governmental Affairs Committee, and State Planning & Community Affairs Committee. He also chairs the study committee on annexation and cityhood issues.
