2025 Legislative Session - Week 3

Legal Reform Package in Committee Monday

The Senate Judiciary Committee is expected to hold its first hearing on Governor Brian Kemp’s sweeping legal reform package on Monday, February 10 at 4pm.  There was a palpable uptick in activity this week, especially at the committee level.  As more measures come out of committee and are eligible for consideration by the full chambers, debate calendars in the House and Senate will continue to grow.  More than a quarter of the 2025 session is now complete, and the critical Crossover Day deadline is just a month away. 

Tort and Legal Reform

Civil Practice Reform (SB 68)    
Sen. John Kennedy, R-Macon
Assigned to the Senate Judiciary Cmte on Feb-3
Part of Governor Brian Kemp’s legal reform package, SB 68 contains several critical civil practice reforms:

• Prevents jury “anchoring” for noneconomic damages (section 1)
• Adjusts timing of motions to dismiss, mirroring federal rules to streamline litigation (section 2)
• Eliminates the plaintiff's ability to dismiss a case mid-trial (section 3)
• Eliminates double recovery of attorneys’ fees (section 4)
• Restricts contract-based attorney fee recovery (section 5)
• Allows evidence of failure to wear a seatbelt in auto injury cases (section 6)
• Clarifying negligent security claims in premises liability (section 7)
• Eliminates “phantom damages” in medical billing (section 8)
• Allows bifurcated trials (section 9)

Regulate Third-Party Litigation Funding (SB 69)    
Sen. John Kennedy, R-Macon
Assigned to the Senate Judiciary Cmte on Feb-3
The Georgia Courts Access and Consumer Protection Act is the second piece of the Governor’s legal reform package.  SB 69 acknowledges third party litigation financiers (TPLF) and requires property registration and oversight of the industry by the Georgia Department of Banking and Finance.  It provides consumer protection in TPLF engagements and disclosure in litigation.  The bill prohibits foreign influence in TPLF and protects Georgia’s state courts system from entities adversarial to state and national interests.

Click Here for a Detailed Analysis of SB 68 and SB 69

Landlord-Tenant

Eviction Service (HB 270)                        
Rep. Matt Reeves, R-Duluth
Assigned to the House Judiciary Cmte on Feb-5
HB 270 clarifies that the authority to use process servers to serve dispossessory actions found at OCGA 9-11-4(c)(5) is generally applicable even where there is a special statutory code section for the service of process.  Without this clarification, process services may be hindered in the delivery of these notices.
 
Allow Rent Control (SB 106)             
Sen. Donzella James, D-Atlanta
Assigned to the Senate State and Local Governmental Operations Cmte on Feb-6
SB 106 repeals that state code that prohibits local governments from regulating rents.  Sen. James advanced similar legislation last year.  A rent control bill is also active in the House as HB 299.
 
Victims of Family Violence (HB 188)     
Rep. Marvin Lim, D-Norcross
Pending in the House Judiciary Cmte
HB 188 extends certain protections for victims of family violence and stalking with respect to residential leases.  The legislation differentiates between the “offending” tenant and the “victim” tenant.  The author intends to allow the victim, even if not named on the lease, to take over the lease under the original terms after the offending tenant is removed.
 
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

Limit Corporate Home Ownership (HB 305)
Rep. Phil Olaleye, D-Atlanta
Assigned to the House Governmental Affairs Cmte on Feb-6
HB 305 prohibits certain entities from acquiring an interest in a single-family dwelling.  Corporations or real estate investment funds with more than $6.25M in net assets or those that hold interest in at least twenty-five single-family homes in a single county are covered by this measure.  It includes manufactured homes and multi-unit single-family homes but does not include condominiums, townhouses, multifamily communities, or single-family homes acquired through foreclosure.  Nonprofits and homebuilders are exempt.
 
Removal of Hotel / Motel Squatters (HB 183)
Rep. Devan Seabaugh, R-Marietta
Pending in the House Judiciary Cmte
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.

Other pending property management measures include:

• Extend certain warranties for HVAC Systems (SB 112)
• Prohibit discrimination based on natural hairstyles (HB 135)
• Prohibit the use of chemical flame retardants (HB 9)

Property Taxation & Valuation

Increase State-Wide Homestead Exemption (HB 260)
Rep. Matt Reeves, R-Duluth
Assigned to the House Ways and Means Cmte on Feb-5
HB 260 increases the amount of the state-wide homestead exemption from certain ad valorem taxes from $2,000 to $5,000.  It does not provide property tax relief for non-homesteaded property.
 
Claim for Compensation for Loss of Property Value (HB 295)    
Rep. Houston Gaines, R-Athens
Assigned to the Public Safety and Homeland Security Cmte on Feb-6
HB 295 provides procedures for property owners to make claims for compensation from local governments for loss of property value or expenses incurred due to the local government's failure to comply with or enforce certain laws or ordinances, relative to immigration sanctuary policies, public camping, loitering, panhandling, etc.

Other property taxation measures include:

• Delay local government floating homestead opt-out deadline (HB 92)

Code Enforcement, Land Use & Development

Development Impact Fees for Education (SB 38 / SR 52)
Sen. Greg Dolezal, R-Alpharetta
Heard in the Economic Development and Tourism Cmte on Feb-5
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.  As drafted, the legislation applies only to Forsyth County, although several Senators requested the bill be broadened to apply to other school systems.  The Association opposes expanding impact fees for education and spoke against the bill during a hearing on Feb-5.
 
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.

Other code enforcement, land use, and development bills include:

• Increase outstanding bond limit for the GA Housing Finance Authority (HB 159)
• Require public hearings for transportation projects of significant impact (HB 76)

Taxation & General Business

Georgia Consumer Privacy Protection Act (SB 111)
Sen. John Albers, R-Roswell
Assigned to the Senate Economic Development and Tourism Cmte on Feb-6
SB 111 aims to protect the privacy of consumer personal data in Georgia.  It provides consumers with the right to access, correct, delete, and opt-out of the sale or sharing of their personal data.  It requires businesses to minimize data collection, implement reasonable security measures, and provide clear privacy notices.
 
Tax Relief (HB 111 and HB 112)
Reps. Soo Hong and Lauren McDonald
Heard in a House Ways and Means Subcmte on Feb-3
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.

Other active general business legislation includes:

• Allow for remote online notarizations (HB 289 / SB 90 / HB 189)
• Require small business impact analysis (SB 28)