2025 Legislative Session - Week 4
Legal Reform Package Clears First Hurdle
On Monday, February 10, the Senate Judiciary Committee considered Governor Brian Kemp’s sweeping legal reform package. Those speaking in favor of the civil justice reforms in SB 68 included Insurance Commissioner John King, a trucking company, a small grocer, a childcare provider, an affordable housing provider, a rural hospital and others. Seven personal injury attorneys associated with the Georgia Trial Lawyers Association spoke against the bill.
After more than five hours of testimony and discussion, SB 68 received a do-pass recommendation with revisions offered by the sponsor, Senator John Kennedy. All Republicans voted in favor of moving the bill forward, while the three Democrats on the committee voted against it.
The Committee also considered legislation regulating third-party litigation financiers (SB 69). Discussion on that measure was considerably shorter; it also received a do-pass recommendation with one dissenting vote.
Both bills now rest in the Senate Rules Committee, where they are eligible for placement on an upcoming debate calendar. Georgia residents and business owners are encouraged to continue expressing their support for reform by contacting their legislators, via the call to action at ga-apt.org.
Tort and Legal Reform Issues
Civil Practice Reform (SB 68)
Sen. John Kennedy, R-Macon
Favorably reported from the Senate Judiciary Cmte on Feb-10
Part of Governor Brian Kemp’s legal reform package, SB 68 contains several critical civil practice reforms. The author offered the following revised version during the Feb-10 Senate Judiciary Committee meeting.
- Section 1: Prevents jury “anchoring” for noneconomic damages
The substitute adds an exception to the anchoring provision; attorneys can include arguments about the monetary value of noneconomic damages after the close of evidence, but values must have a rational connection to the facts of the case - Section 2: Adjusts timing of motions to dismiss, mirroring federal rules to streamline litigation
The substitute cleans up the stay of discovery language to clarify procedural processes - Section 3: Eliminates the plaintiff's ability to dismiss a case mid-trial
The substitute changes the plaintiff's voluntary dismissal from before the first witness is sworn-in (the trial) to the 60th day following the opposing party serving an answer or motion for summary judgment - Section 4: Eliminates double recovery of attorneys’ fees
- Section 5: Allows evidence of failure to wear a seatbelt in auto injury cases
- Section 6: Clarifies negligent security claims in premises liability
The substitute adds an exception to not limit negligent security claims brought against labor or sex traffickers. - Section 7: Eliminates “phantom damages” in medical billing
The substitute removes a code section reference to the reimbursement of benefit providers in personal injury cases; it adds language covering the procedural process for recovering insurance premiums. - Section 8: Allows bifurcated trials
The original SB 68 contained language to limit recovery to breach of contract claims. That original section 5 has been removed in the current substitute version.
Regulate Third-Party Litigation Funding (SB 69)
Sen. John Kennedy, R-Macon
Favorably reported from the Senate Judiciary Cmte on Feb-10
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.
Landlord-Tenant
Homeowner and Tenant Protections (HB 403)
Rep. Eric Bell, D-Jonesboro
Assigned to the House Judiciary Cmte on Feb-12
This sweeping legislation makes several changes to state law. It prohibits liens on condominiums for unpaid property association fees and prohibits nonjudicial foreclosure on real estate mortgages. It voids certain conveyances in an effort to prevent single-family home ownership by real estate investment trusts. Specific to the multifamily housing industry, it allows for rent control.
Eviction Process Servers (HB 270)
Rep. Matt Reeves, R-Duluth
Pending in the House Judiciary Cmte
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.
Other active landlord-tenant measures include:
- Allow local rent control (SB 106, HB 299)
- Limit various fees charged to prospective tenants
- Rewrite landlord-tenant statute relative to victims of family violence (HB 188)
Property Management & Property Rights
Homeowner Protection Act (HB 415)
Rep. Todd Jones, R-Cumming
Assigned to the House Judiciary Cmte on Feb-13
HB 415 allows a property owner to file a written affidavit with the clerk of the superior court stating that the property is not subject to a rental agreement. The property owner can then request an unlawful occupant be removed within one calendar day. Legislators attempted a similar approach to address the issue of residential squatting last year within SB 470. Several groups expressed concern about the creation of a property registry.
Separately, legislation (HB 183) is active regarding the removal of hotel/motel squatters. The bill specifies that any accommodation furnished on a day-to-day or week-to-week basis constitutes an innkeeper-guest relationship (not a landlord-tenant relationship), regardless of the guest’s length of stay.
Notice to Property Owner When Deed is Filed (HB 427)
Rep. Teddy Reese, D-Columbus
Assigned to the House Judiciary Cmte on Feb-13
HB 427 aims to prevent fraudulent transfers and unauthorized changes to property records by imposing a 45-day waiting period before a new deed takes effect. It requires the clerk of the superior court to notify property owners and deedholders when another deed is filed.
Housing Management Database (HB 374)
Rep. Martin Momtahan, R-Dallas
Assigned to the House Governmental Affairs Cmte on Feb-11
HB 374 allows local governments to establish housing management databases for residential rental property. It mandates the disclosure of foreign ownership by entities from adversary countries like China and Russia. It establishes penalties for failure to register or disclose information. The provisions extend to owners who own or control at least five units within the local government’s jurisdiction.
In-State Employee for Tenant Communications (HB 399)
Rep. Mary Margaret Oliver, D-Decatur
Assigned to the House Judiciary Cmte on Feb-12
HB 399 requires any landlord that owns or operates twenty-five or more single-family or duplex residential rental properties in Georgia to have in-state staff to manage tenant communications related to such properties. It does not appear to apply to apartment communities.
Other pending property management measures include:
- Create a study committee on the eradication of homelessness (HR 207)
- Extend certain warranties for HVAC Systems (SB 112)
- Extend criminal trespass provisions to gatherings for funerals and religious ceremonies (HB 363)
- Limit corporate ownership of single-family housing (HB 305)
- Prohibit housing discrimination based on natural hairstyles (HB 135)
- Prohibit the use of chemical flame retardants (HB 9)
Property Taxation & Valuation
Claim for Compensation for Loss of Property Value (HB 295)
Rep. Houston Gaines, R-Athens
Heard in the Public Safety and Homeland Security Cmte on Feb-12
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.
Create an Alternative Method for Assessing Property (HR 250)
Rep. Dale Washburn, R-Macon
Assigned to the House Ways and Means Cmte on Feb-13
HR 250 proposes an amendment to the Constitution to allow county governments to adopt a new property assessment system for ad valorem taxation. Under this model, the property is valued only at the time of sale, and the value remains fixed at the purchase price until it is next sold or significantly improved. It applies to all property types. The author pursued similar legislation last year (HR 1041). While legislators agreed that the purchase price is the purest way to determine actual value, they expressed significant concerns over uniformity, incentivizing non-arm’s length transactions, and depressing local digests.
Ad Valorem Homestead Exemption (HB 370)
Rep. Houston Gaines, R-Athens
Assigned to the House Ways and Means Cmte on Feb-11
HB 370 requires the property tax bill for any school district that opts out of the state-wide base year homestead exemption to state the total amount of the school district's reserve funds. It requires the property tax bill to disclose which entities do not have a base-year homestead exemption.
Other property taxation measures include:
- Delay local government floating homestead opt-out deadline (HB 92)
- Extend property tax appeal and protest period from 30 to 45 days (SB 141)
- Increase the statewide homestead exemption (HB 260)
Code Enforcement, Land Use & Development
Community Development Districts (HB 317 / HR 192)
Rep. Ron Stephens, R-Savannah
Assigned to the House Governmental Affairs Cmte on Feb-10
HB 317 creates Community Development Districts (CDDs) in Georgia. While Community Improvement Districts (CIDs) are typically formed in urban or commercial areas to fund infrastructure improvements, CDDs are more common in suburban or exurban residential developments and focus on long-term community development and maintenance. CDDs generally have broader powers than CIDs, including the authority to issue bonds, levy assessments, collect taxes, and enforce liens for unpaid fees. The sponsor has introduced the measure as a tool for workforce and residential infrastructure development.
Zoning Decisions (HB 318)
Rep. Matt Reeves, R-Duluth
Assigned to the House Governmental Affairs Cmte on Feb-10
HB 318 clarifies the appeal process for zoning decisions and streamlines decision-making authority in zoning and special permits. It creates a new avenue for challenging zoning decisions by allowing for the appeal of superior court decisions. It removes provisions that authorize administrative officers to exercise zoning powers; that authority would revert to elected or appointed officials. Similar legislation (HB 905) fell short of the finish line last year.
North Fulton Development Authority (SB 151)
Sen. Brandon Beach, R-Alpharetta
Assigned to the Senate State and Local Governmental Operations Cmte on Feb-13
SB 151 creates the Joint Development Authority of North Fulton Municipalities, encompassing the areas within the corporate limits of the cities of Alpharetta, Johns Creek, Milton, Mountain Park, Roswell, and Sandy Springs. It delineates the powers of the authority’s directors, its development area, and the issuance of revenue bonds and other obligations.
Development Impact Fees for Education (SB 38 / SR 52)
Sen. Greg Dolezal, R-Alpharetta
Pending in the Senate Economic Development and Tourism Cmte
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.
Other code enforcement, land use, and development bills include:
- Create a study committee on leveraging local fees to support affordable housing (HR 191)
- Incentivize pro-workforce housing policies through grant priority status (HB 400)
- Increase outstanding bond limit for the GA Housing Finance Authority (HB 159)
- Require public hearings for transportation projects of significant impact (HB 76)
- Restrict development on certain coastal islands (SB 135)
Taxation & General Business
AI Discrimination (SB 167)
Sen. Nikki Merritt, D-Grayson
Assigned to the Senate Economic Development and Tourism Cmte on Feb-13
SB 167 requires private entities that employ certain AI systems to guard against discrimination caused by those systems in opportunities related to education, employment, essential government services, financial or lending services, healthcare, housing, insurance, or legal services.
Georgia Consumer Privacy Protection Act (SB 111)
Sen. John Albers, R-Roswell
Pending in the Senate Economic Development and Tourism Cmte
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.
Other active general business legislation includes:
- Allow for remote online notarizations (HB 289 / SB 90 / HB 189)
- Provide a one-time credit for individual taxpayers (HB 112)
- Reduce the individual and corporate income tax rate (HB 111)
- Require small business impact analysis (SB 28)