2025 Legislative Session - Week 2
Expansive Lawsuit Reform Package Unveiled
After inclement weather derailed many of last week’s budget hearings, the General Assembly quickly resumed business on Monday. This week saw a flurry of new legislation, and committees met in earnest to organize and begin moving measures forward.
On Thursday, Governor Brian Kemp unveiled his much-anticipated lawsuit reform package before a massive crowd gathered at the Capitol. His proposal calls for numerous policy reforms, including:
- Premises liability (the standard for negligent security liability)
- Phantom damages (truthful calculation of medical damages in personal injury cases)
- Seatbelt usage admissibility
- Third-party litigation funding
- Anchoring, bifurcated trials, double recovery of attorney’s fees, and other changes to civil procedure
The reform package will move as two bills, both beginning in the Senate and carried by President Pro Tempore John Kennedy. SB 68 contains the bulk of the reform package, including premises liability, phantom damages, seatbelt use, and civil practice revisions. SB 69 deals specifically with third-party litigation funding. The bills will be formally introduced the first week of February. No Democrat signed on in support of either measure.
While there are substantial political hurdles to overcome in the coming weeks, Governor Kemp, Lt. Governor Burt Jones, Speaker of the House Jon Burns, and Insurance Commissioner John King are committed to stabilizing Georgia’s insurance marketplace and ensuring transparency and fairness in the legal system through these bold reforms. Click here for an executive summary provided by the Governor’s Office.
Click Here to Share Support for SB 68!
Landlord Tenant
Victims of Family Violence (HB 188)
Rep. Marvin Lim, D-Norcross
Assigned to the House Judiciary Cmte on Jan-30
HB 188 extends certain protections for victims of family violence and stalking with respect to residential leases. It applies when the landlord has been provided with a written notice of termination, accompanied by a copy of an applicable civil family violence order, civil stalking order, criminal family violence order, or criminal stalking order and a copy of the police report if the order was an ex parte temporary protective order.
The legislation differentiates between the “offending” tenant and the “victim” tenant and allows the victim to terminate a lease or the lease of the offender. The legislation prohibits landlords from raising the rent or assessing additional fees on any remaining tenants following a family violence termination. A landlord is not able to discriminate in leasing based on a person’s status as a victim of family violence and creates a cause of action for violations.
Application Fees
Rep. Yasmin Neal, D-Morrow
Spurred by local news media, Rep. Yasmin Neal has advised the Association that she is considering legislation to cap various fees landlords charge prospective tenants. She contends there has been an increase in miscellaneous fees to “get around” the two-month security deposit limitation approved last year as part of the bipartisan Safe at Home Act (HB 404).
Property Management & Property Rights
Removal of Hotel / Motel Squatters (HB 183)
Rep. Devan Seabaugh, R-Marietta
Assigned to the House Judiciary Cmte on Jan-30
Building on last year’s residential Squatter Reform Act (HB 1017), this year’s effort provides a procedure for innkeepers to eject a person who remains on the premises without a valid contract. The innkeeper must file an affidavit to have the squatter removed and law enforcement has five days to eject the person. In the event law enforcement is unable to meet this timeline, off-duty officers may be used. The bill clarifies that any accommodation furnished on a day-to-day or week-to-week basis constitutes an innkeeper-guest relationship, regardless of the guest’s length of stay.
Prohibit Use of Chemical Flame Retardants (HB 9)
Rep. Kim Schofield, D-Atlanta
Pending in the House Natural Resources and Environment Cmte
HB 9 prohibits the use of certain chemical flame retardants in carpeting, window treatments, blinds, and shades. It appears to mirror chemicals included on California’s “Prop 65” list.
Prohibit Discrimination Based on Natural Hairstyles (HB 135)
Rep. Kim Schofield, D-Atlanta
Assigned to the House Industry and Labor Cmte on Jan-28
HB 135 prohibits discrimination based on hairstyles associated with race, color, or national origin. It applies to fair housing, education, labor and industrial relations, and fair employment.
Property Taxation & Valuation
Base Year Homestead Exemptions (HB 92)
Rep. Shaw Blackmon, R-Bonaire
Assigned to the House Ways and Means Cmte on Jan-27
Last year the General Assembly passed sweeping property tax reform as HB 581. This effort amended the so-called 299(c) locks, reappraisal schedule, and ability to use arm’s length transactions as the basis for fair market value. It limited assessment increases on homesteaded property to no more than the rate of inflation but allowed cities and counties to opt out of the floating exemption. Currently, local governments have until March 1, 2025 to elect to opt out. This year’s HB 92 pushes that deadline back until May 1, 2025.
Code Enforcement, Land Use & Development
Development Impact Fees for Education (SB 38 / SR 52)
Sen. Greg Dolezal, R-Alpharetta
Assigned to the Economic Development and Tourism Cmte on Jan-29
These measures authorize a local board of education in a high-growth county to impose, levy, and collect development impact fees and use the proceeds to pay for additional educational facilities. It appears drafted to apply only to Forsyth County, although the general law would apply statewide. The Association opposes expanding impact fees for education and granting school boards the authority to impose such fees.
The author advanced a similar pair of measures in 2024. The constitutional amendment (SR 189) failed to receive the requisite votes in the House and the enabling legislation (SB 208) was not considered. Rep. Todd Jones also sponsored a pair of unsuccessful measures: HB 585 and HR 303.
Georgia Housing and Finance Authority (HB 159)
Rep. Clint Crowe, R-Jackson
Assigned to the House Budget and Fiscal Affairs Oversight Cmte on Jan-29
The Georgia Housing and Finance Authority provides financial assistance and public financing for housing. State bonds are allocated for multi-family housing projects that set aside a minimum number of units for low to moderate-income families. HB 159 increases the outstanding bond limit for GHFA.
Local Impact Projects (HB 76)
Rep. Stacey Evans, D-Atlanta
Assigned to the House Transportation Cmte on Jan-27
HB 76 requires public hearings for local transportation projects of significant impact. This includes roadway extensions, new roadway construction, or reconfiguration of major intersections.
Taxation & General Business
Red Tape Roll Back Act (SB 28)
Sen. Greg Dolezal, R-Alpharetta
Assigned to the Senate Economic Development and Tourism Cmte on Jan-28
A priority of Lt. Governor Burt Jones, SB 28 provides for the preparation and submission of small business impact analysis for proposed legislation, rules, and regulations. It requires state agencies to complete a top-to-bottom review of their rules and regulations every four years. A similar measure (SB 429) fell just short of the finish line last year. For more information, click here.
Tax Relief (HB 111 and HB 112)
Reps. Soo Hong and Lauren McDonald
Assigned to the House Ways and Means Cmte on Jan-27
These measures provide tax relief to Georgia families and businesses and are part of Governor Kemp’s budget proposal for the year. HB 111 reduces the individual and corporate income tax rate to 5.19%. HB 112 provides a one-time tax credit for individual taxpayers who filed income tax returns in 2023 and 2024.