The Georgia General Assembly’s 2024 session has been gaveled into session, the leaders of House and Senate have outlined their priorities, the Governor has given his State of the State, and House and Senate have heard from department heads on their proposed budget requests. Now, the real work begins.
The following are some critical procedural events and dates to keep any eye out for in the coming weeks:
- The only thing that the General Assembly is required to do each session is to pass a balanced budget and send it to the Governor for his signature. This is done in two parts. The legislature will pass a Supplemental Budget to the FY2024 budget to appropriate any additional funds available over what was originally estimated last year. Most of the Supplemental Budget is usually devoted to K-12 spending due to annual fluctuations in student enrollment. The legislature will also pass a balanced budget for FY2025, which runs from July 1, 2024 thru June 30, 2025. Under the Georgia Constitution this process begins in the Georgia House and then goes to the Senate.
- In order for a bill to become law in this session, it must pass at least one legislative chamber by what is called “Crossover Day.” This year that will fall on February 29th.
- The General Assembly runs for 40 business days with the last day this year being March 28th – Sine Die.
Governor Brian Kemp’s Legislative Priorities
In Governor Kemp’s State of the State he focused on his budget priorities which included:
- $1.8 billion in added spending on infrastructure;
- A new state Dental School at Georgia Southern University and additional funding for a medical school at the University of Georgia;
- $250 million in funding for water and sewer projects;
- $1.5 billion for GDOT projects;
- $1.4 billion in additional funding for K-12 education, another $100 million for school safety enhancements; and
- a 4% cost of living increase to public employees and an equivalent $2,500 raise for teachers.
The Governor also prioritized passage of a school voucher bill to provide greater school choice for K-12 students trapped in under performing schools.
Lt. Governor Burt Jones and Speaker Jon Burns Legislative Priorities
In a series of speeches and interviews, Lt. Governor Burt Jones outlined the following priorities for this year:
- Address Social Media and Cyber Bullying;
- Cut red tape for businesses;
- Expand Access to healthcare;
- Protect against “surprise” property tax hikes; and
- Ban Rank Choice voting.
Speaker Jon Burns similarly laid out his “kitchen table” priorities as follows:
- Expanding medical coverage for low income Georgians;
- cutting taxes;
- investing in education;
- strengthening election integrity; and
- boosting public safety.
Specific Issues Before the 2024 General Assembly
Tort Reform
- Premises Liability Law and Governor Brian Kemp’s Reform Consideration
Georgia’s premises liability law may undergo significant changes in the upcoming session, with a focus on liability for third-party crimes. Governor Brian Kemp has been actively advocating for reform to address frivolous lawsuits that affect businesses. Senate Bill 186 (SB 186) provides a framework for this reform by aiming to limit property owner liability in cases involving third-party crimes.
Proponents argue that reforming premises liability law is essential to maintain Georgia’s reputation as a business-friendly state while ensuring a balanced legal framework. This reform can mitigate the impact of excessive lawsuits on businesses and the state’s insurance costs, contributing to a thriving business environment.
2. Seatbelt Defense
Efforts to amend Georgia law regarding the admissibility of seat belt use in trials have faced recent setbacks. The current law prohibits the introduction of a Plaintiff’s failure to wear a seat belt as evidence in negligence, causation, or liability questions. Critics argue that this restriction hinders civil Defendants from presenting relevant evidence, particularly in cases where a Plaintiff’s failure to wear a seat belt contributes to injuries. Despite recent attempts, such as Senate Bill 155 and Senate Bill 203, to amend the law and allow the consideration of seat belt non-use as evidence, these initiatives have stalled in committee votes or failed to pass in the Senate. The debate over this issue has persisted since the law’s inception in 1988, and future legislative attempts may be anticipated, though for now, Defendants remain unable to present seat belt non-use as evidence in Georgia courts.
3. Tractor Trailer Defense
Catastrophic truck accidents leading to severe injury or death often result from systemic mismanagement by companies rather than momentary driver negligence. Negligent entrustment claims may arise when a company puts an ill-suited individual behind the wheel due to inadequate training, poor driving records, or physical incapacity. Georgia law, following Restatement (Second) of Torts § 390, holds suppliers liable if they provide a vehicle to someone likely to use it in a way that poses an unreasonable risk of harm. While a 1997 Court of Appeals decision suggested a narrower rule, it doesn’t bind lower courts. Actual knowledge for negligent entrustment can be established through circumstantial evidence. Federal regulations mandate motor carriers to investigate driver applicants’ backgrounds, and these investigations can go beyond the minimum standards. If a motor carrier has knowledge not reflected in records, there’s a duty to verify the accuracy of the applicant’s information. Plaintiffs can build a case for negligent entrustment by demonstrating the employer’s actual knowledge of serious violations or the employer neglecting its duty to check records. Circumstantial evidence can raise questions of fact for the jury regarding the employer’s knowledge of a driver’s incompetence. These claims are highly fact-sensitive and must be assessed based on the specific combination of facts in each case.
School Vouchers: Senate Bill 233
After passing the Georgia Senate on a partisan vote of 33-23, the Georgia School Voucher Bill, SB 233, underwent a crucial House vote in the waning hours of the 2023 Georgia General Assembly Session, resulting in a close split of 85 representatives voting in favor and 89 against the bill. Notably, 16 Republican representatives crossed party lines to vote against the bill, reflecting diverse perspectives within the Republican party.
What makes this dissent intriguing is the geographic representation of these 16 Republican representatives, most of whom come from rural areas. Their opposition likely stems from the distinct sentiments of the largest employer in rural areas, the local school district, who overwhelmingly oppose the measure. The fate of SB 233 remains a subject of ongoing debate in the state’s legislative landscape, reflecting the complexity of educational policy and school choice in Georgia.
Mental Health Legislation: House Bill 520
Mental health is a prominent concern in Georgia, with House Bill 520 drawing significant attention. Recent statements, such as Senator Kay Kilpatrick’s, indicate that changes are imminent. House Bill 520 aims to address the shortage of mental health providers and streamline inter-agency communication to enhance mental health services for Georgia’s residents.
Despite facing challenges during last session’s legislative process, the commitment to finding comprehensive solutions for mental health challenges remains unwavering. This initiative underscores the dedication of legislators and stakeholders to the well-being of Georgia’s citizens.
Certificate of Need: Impact on Healthcare and Hospitals
Since 1979, Georgia’s Certificate of Need (CON) program has aimed to quantify the need for new and expanded healthcare facilities, control costs, and improve access to healthcare services. Recent debates, particularly regarding Senate Bill 99 sponsored by Sen. Greg Dolezal – which would allow new hospitals in rural counties without obtaining CON – and Senate Bill 162, sponsored by Sen. Ben Watson, seeking full repeal, have intensified due to concerns about its alleged effectiveness. The Georgia Hospital Association and the Georgia Alliance of Community Hospitals have expressed support for reforming and streamlining the CON process while maintaining its core mission of evenly distributing healthcare assets throughout the state. These suggested reforms include limiting the number of parties that can attempt to block approval of CON applications and reducing the time it takes to appeal adverse CON rulings.
Combating Antisemitism
In late October, mere days after the horrific event in Israel on October 7th, Georgia witnessed distressing acts of antisemitism, notably on the I-75 overpass where a laser red projection displayed a slogan reading, “This land is our land! Heil Hitler and the GDL.” This disturbing incident references the Goyim Defense League (GDL), a hate group based in Florida known for its involvement in antisemitic activities across metro Atlanta. These events occur at a crucial juncture for Georgia, as State Rep Esther Panitch’s antisemitism bill, HB 30, which aims to classify antisemitism as a hate crime in the state, is up for review again this year.
HB 30 successfully passed the House but faced challenges in the Senate last year, leading to its stalling. Notably, Governor Brian Kemp’s visit to Israel in May, during which Prime Minister Benjamin Netanyahu personally discussed the bill with Governor Kemp, adds to the significance of this legislative proposal. While many Georgia officials, including Governor Kemp, have refrained from publicly endorsing or opposing the bill, they have unequivocally condemned the recent surge in overt antisemitic incidents across the state.
The bill’s previous concerns centered on potential conflicts with the First Amendment’s right to free speech, with several members of the Georgia legislature raising apprehensions that the bill could infringe upon these constitutional rights if enacted into law. However, in light of the recent antisemitic acts in Georgia and the ongoing war between Israel and Hamas, the bill’s prospects may face renewed scrutiny, making it a top priority for many Georgia lawmakers. The Senate Judiciary Committee unanimously approved a minimally revised bill on January 22.
Georgia’s $10.7 Billion Surplus and Budget Priorities
Georgia is sitting on a surplus of $10.7 billion after experiencing a third consecutive year of substantial budget surpluses. The State Accounting Office’s report reveals that, despite spending $32.6 billion, the state managed a $5.3 billion surplus for the 2022 budget year, which ended on June 30. Governor Brian Kemp’s practice of keeping spending well below prior year revenues is a key factor in this surplus growth. Georgia’s financial stability extends beyond the $10.7 billion surplus. The state also holds other significant reserves, including a full rainy day fund at $5.4 billion and a lottery reserve fund exceeding $2.1 billion. In total, as of June 30, Georgia had amassed around $18.5 billion in cash reserves, equivalent to over half of the projected state spending for the current budget year.
This surplus maybe substantial enough to provide each Georgia resident with a $1,000 tax refund. Governor Kemp has already begun utilizing surplus funds for tax breaks, including waiving state gasoline and diesel taxes for several months. Despite some cooling off in specific tax collections, Georgia is likely to see another multibillion-dollar surplus in the current budget year. Governor Kemp is open to increased spending and has invited state agencies to request 3% budget increases. These surplus funds will be allocated over time to provide tax relief, meet state agency needs, improve infrastructure, and reduce unfunded liabilities in state employee retirement plans. However, distributing the surplus requires careful monitoring to assess the impact of income tax rate reductions on state revenue. Critics argue that Kemp’s conservative revenue estimates have led to underfunding some state services, with many programs still recovering from cuts made in 2021. Georgia’s budget plays a crucial role in funding education, correctional facilities, infrastructure, and healthcare services for hundreds of thousands of its residents. The surplus provides an opportunity to address evolving financial needs while offering much-needed relief to taxpayers.
Sports betting and Gambling
In 2024, sports betting is emerging as the favored option for legalized gambling in Georgia. Despite previous failed attempts, Lt. Gov. Burt Jones sees it as the most promising choice over casinos and horse racing. There’s debate—some push for a constitutional amendment involving voters, while others aim for legislation. This year, the Senate rejected sports betting measures, delaying progress to 2024. The Metro Atlanta Chamber supports it, citing increased fan engagement and tax revenue for education programs. State Rep. Ron Stephens emphasizes tax benefits, proposing it as a reason for a constitutional amendment. Some suggest combining sports betting, casinos, and horse racing into one amendment, but others believe it’s overly ambitious. Advocates for casinos and horse racing are patient, understanding that change takes time in Georgia, drawing parallels to past legislative hurdles.
Overall, sports betting appears to be gaining traction, but the debate continues on the best legislative approach for legalized gambling in Georgia.
Georgia Elections
As we move into the 2024 presidential election year, both the House and the Senate are expected to explore how Georgia elections are to be conducted and how the oversite of the election process is to take place. Possible changes include scrapping the use of QR codes used to count paper ballots, granting the State Election Board greater independence and oversight over the Secretary of State’s Election Division, eliminating runoffs, and outlawing rank choice voting.
