Institute for Legislative Analysis

Timothy Bearden

This bill contains several provisions designed to strengthen election integrity. The bill ensures poll watchers have access to polls and absentee ballot counting locations, and provides that poll watchers are "entitled to sit or stand as close as is practicable to the observed activity so as to be able to see and hear the poll worker or election official being observed." The bill also requires all election workers to be U.S. citizens. Additionally, the bill allows county election superintendents the discretion to use less than the otherwise mandated number of voting booths (1 per 250 voters) in statewide, general elections, based on certain factors, such as the number of advance and absentee ballots cast. Support is the Limited Government Position.

Strengthening Election Integrity by Expanding Poll Watcher Access and Requiring Election Workers to be U.S. Citizens.

This bill prohibits the use of politicized ESG (environmental, social, and governance) considerations in public retirement systems investments, which may reduce taxpayer returns. Support is the Limited Government Position as all public investment actions should be based on producing the maximum return and value for taxpayers, not advancing political or social agendas.

Protecting Taxpayers by Prohibiting ESG (Environmental, Social, and Governance) Considerations in State Investments.

This bill provides full-time state employees and local education employees with an additional 3 weeks of paid parental leave following the birth or adoption of a child, for a total of 6 weeks. Oppose is the Limited Government Position.

Forcing Taxpayers to Provide an Additional 3 Weeks of Paid Leave Benefits to Certain Public Employees.

This bill allows advanced practice registered nurses (APRNs) and physician assistants (PA) to prescribe hydrocodone, oxycodone, or compounds of those drugs for adults 18 or older in an emergency situation. The APRN or PA must have evaluated the individual and the prescription may only be an initial prescription for up to 5 days. Support is the Limited Government Position.

Expanding Access to Healthcare by Allowing APRNs and PAs to Prescribe Certain Medications in Emergency Situations.

This bill requires companies to meet conditions related to labor unions in order to be eligible for certain economic development incentives. Under the bill, to be eligible, a company may only recognize a union if a secret ballot was used by employees, rather than authorization cards. Additionally, companies may not provide personal contact information of employees to a labor union without the employees' consent. Companies also may not require subcontractors to violate either of the requirements. If a company violates these provisions, any economic development incentives must be repaid. Support is the Limited Government Position as, while it is not the role of government to provide economic development incentives in the first place, this bill promotes the "right to work" without being forced to join a union.

Strengthening "Right to Work" Protections by Requiring Secret Ballots as a Condition for Companies to Receive Economic Development Incentives.

This bill enacts the "Georgia Lottery Game of Sports Betting Act," legalizes online sports betting. Under the bill, Georgia would join neighboring states Florida, North Carolina, and Tennessee which have legalized sports gambling. The bill imposes a 20% tax on adjusted gross wagering revenue, with revenue going to the Georgia Lottery Commission, which provides funds for pre-kindergarten and the HOPE scholarship through the Lottery for Education Account. Support is the Limited Government Position as individuals - not bureaucrats - should have decision rights over how to utilize the fruits of their labor - even when it comes to risky endeavors such as betting. Not only does this measure provide additional revenue for education, but it also helps eliminate the financial fraud and other significant societal harms that the current black market in gambling presents to Georgians.

Strengthening Individual Liberties by Legalizing Online Sports Betting.

This bill removes the requirement that businesses and healthcare facilities post a written warning in order to be covered by a rebuttable presumption of risk against COVID-19. Support is the Limited Government Position. Support is the Limited Government Position as this bill helps protect businesses and healthcare facilities against frivolous litigation.

Protecting Businesses and Healthcare Facilities from Frivolous Litigation Related to COVID-19 Exposure by Eliminating Signage Requirements.

This bill expands the list of offenses that require bail to be posted before a person is released. Under the bill, bail is required for release if a person is arrested for offenses such as battery, riot, unlawful assembly, or a second or subsequent failure to appear. Support is the Limited Government Position as protecting property rights and ensuring public safety serve as essential components of government.

Strengthening Public Safety by Combatting "Catch-and-Release" Practices Under Pre-Trial Bail Laws.

This bill exempts personal property from the state's personal property tax if the total fair market value of personal property owned by the taxpayer is less than or equal to $20,000 (previously $7,500). This does not include motor vehicles, trailers, and mobile homes. Support is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with the lowest rates possible for everyone.

Providing Property Tax Relief by Increasing the Personal Property Tax Exemption.

This bill accelerates the gradual reduction of the state's income tax from 5.49% to 4.99%. Under the bill, the rate for 2024 is reduced from 5.49% to 5.39%. As the tax rate is set to decrease by .10% annually, the tax rate will reach 4.99% one year earlier. Support is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with the lowest rates possible for everyone.

Expanding Economic Growth by Accelerating the Reduction of the Income Tax Rate.

This bill expands staffing requirements for assisted living communities and personal care homes with 25 or more beds, requiring at least two administrators or direct-care staff be present at all times. At least one staff member must also be on each floor at all times, unless each resident is provided a medical alert device. Oppose is the Limited Government Position.

Hiking Nursing Home Costs by Expanding Government Mandates on Assisted Living Community and Personal Care Home Minimum Staffing Levels.

This bill, the "Georgia Religious Freedom Restoration Act," is designed to protect religious liberties by adopting the federal "compelling interest test." Under this test, the "Government may substantially burden a person's exercise of religion only if it demonstrates that" it is "In furtherance of a compelling governmental interest" and is the "least restrictive means" of doing so. Support is the Limited Government Position as the First Amendment of the U.S. Constitution protects against government infringement of religious liberty.

Protecting Religious Liberties by Strengthening Protection Through the "Compelling Interest Test".

This bill removes the authority of counties to appoint local health directors. Instead, a "district health director" is appointed by the commissioner of the Department of Public Health, to direct each of the local health departments in a district. Previously, a local health director was required to be a licensed physician, but this bill allows district directors to instead hold a master's degree in public health or a related field. If the director is not a physician, they are required to appoint a physician as Chief Medical Officer. If the director is a physician though, the director may also be the Chief Medical Officer. Support is the Limited Government Position as government hiring decisions should be based on recruitment of the most talented and qualified applicant for the position.

Ensuring the Most Qualified and Talented Local Public Health Directors by Reducing Unnecessary Qualification Requirements.

This bill, the "Personal Privacy Protection Act," prohibits government agencies from requiring nonprofit organizations to disclose private donor lists or lists of members or supporters. Agencies also may not make such information publicly available or require contractors or grant recipients to disclosure nonprofit organizations that they have supported. Support is the Limited Government Position as this bill protects against politicians unjustly targeting their political opponents and organizations to censor and infringe on free speech protected under the First Amendment.

Protecting First Amendment Rights by Prohibiting Agencies from Requiring Nonprofits to Disclose Donors.

This bill limits annual increases in property valuation to the previous year's inflation rate and improvements to the property or other changes by providing a homestead exemption for amounts over that threshold. Under the bill, localities have the option to opt out after providing notice and holding public hearings. The bill also allows localities to adopt a special sales and use tax of up to 1%, subject to voter approval, to be used to decrease property taxes, as long as the locality has not opted out. Additionally, the bill requires property to be "appraised at least every three years." Support is the Limited Government Position as this bill helps protect homeowners from even greater levels of taxation. While this bill serves as a step in the right direction, lawmakers should advance additional reforms to provide broad-based property tax relief, which will help spur economic growth.

Protecting Homeowners from Spiking Property Taxes by Limiting Annual Property Assessment Increases.

This bill exempts individuals who provide "shampooing or blow-dry styling" services from the state's cosmetology and barber licensing requirements. This includes services such as drying and styling hair, without using flat or curling irons. The bill also removes restrictions on cosmetics that can be applied without a license. Support is the Limited Government Position as the state's draconian Board of Cosmetology and Barbers - which should be eliminated entirely - represents one of the very worst forms of cronyism and government overreach. This government entity merely exists to restrict competition and enrich cosmetology and barber schools through outrageous occupational licensure requirements for services which present little to no risk to consumers.

Slightly Reducing the State's Overreaching Cosmetology Licensing Mandates.

This bill reduces the corporate tax rate by making it equal to the individual tax rate. Beginning 2024, this rate is 5.39%, and reduces by .10% annually until reaching 4.99%. Previously, the corporate tax rate was 5.75%. Support is the Limited Government Position as this tax cut will drive businesses to Georgia and unleash economic growth by keeping a greater amount of resources in the private sector where they can be reinvested.

Expanding Economic Growth by Lowering the Corporate Tax Rate to Equal the Individual Tax Rate.

This bill suspends new sales and use tax exemptions for data centers for two years, through June 30, 2026. The bill also establishes a "Special Commission on Data Center Energy Planning" to evaluate and provide recommendations related to data center energy usage. Support is the Limited Government Position as, while this tax cronyism should be repealed entirely, this bill is a step in the right direction. All state and local tax codes should be constructed in a broadly applied manner with the lowest rates possible for everyone.

Temporarily Reducing Cronyism Through a Two-Year Suspension of the Data Center Sales Tax Exemption.

This bill requires pharmacy benefit managers (PBMs) for the State Employees' Health Insurance Plan and for public school teachers and employees to reimburse independent pharmacies for self-administered prescriptions "in an amount not less than the average reimbursement for chain retail pharmacies reimbursed for the same drug." The bill provides the Department of Community Health "discretion in determining what constitutes an independent pharmacy and a chain retail pharmacy." Oppose is the Limited Government Position.

Growing Government Regulatory Power within the Pharmaceutical Industry by Imposing New Prescription Reimbursement Controls on State Insurance Plan Pharmacy Benefit Managers (PBMs).

This bill, the "Georgia Promise Scholarship Act," improves educational outcomes by allowing all students who reside in the state to receive funding for educational expenses such as tuition at a private school, textbooks, and tutoring. The program is limited to students whose districted school is within the bottom 25% worst performing in the state. Support is the Limited Government Position.

Improving Educational Outcomes by Expanding School Choice Through an Education Savings Account Program.

The bill ensures funding for the salaries of one superintendent per charter school with more than 1,000 students, one principal per charter school serving grades 9-12, and up to two principals per charter school serving grades K-8. The bill also allows children of part-time employees to enroll at the charter schools where their parent works, even if they do not reside in the administrative area of the school. Support is the Limited Government Position as this bill improves educational outcomes for all students by fostering competition and a market in education, which encourages schools to provide the best education so they can attract parents to enroll their child and receive the associated funding.

Improving Educational Outcomes and Expanding School Choice by Ensuring Funding for Charter School Principals and Administrators.

This bill expands the Hope Scholarship program to cover the tuition for graduate-level courses if a student has not used the maximum number of credit hours covered by the scholarship. The bill also allows individuals under 28 who were formerly in the foster program to receive the Hope Scholarship for 30 credit hours without meeting the eligibility criteria. Oppose is the Limited Government Position, as according to the Governor, this bill could cost over $25 million. While it is a necessary role for government to provide quality K-12 education - ideally through school choice - college and university-level education should be funded through user fees (i.e. tuition) by those who wish to pursue their selected career path.

Threatening the Solvency of the Hope Scholarship Program by Providing Even Greater Taxpayer Subsidies to Adults Who Choose to Attend a College and University.

This bill serves as a proactive attempt to block Central Bank Digital Currencies (CBDC) issued by the U.S. Federal Reserve System. The bill prohibits CBDC issued by the federal government from being accepted as payment by government agencies, and prohibits agencies from participating in any test of such currencies. Support is the Limited Government Position as President Biden issued an executive order to study creation of such a currency under the guise of protecting consumers from decentralized cryptocurrencies and a way to crack down on financial crimes. The creation of a CBDC serves as an existential threat to individual liberties and privacy and will further grow government control over the economy. The Fed has already placed the U.S. dollar in dire jeopardy of destruction through its reckless quantitative easing and expansionary practices.

Combatting Increased Government Control and Surveillance by Prohibiting Agencies from Accepting Federal "Central Bank Digital Currency" as Payment.

This bill requires annual county audit reports to include "a detailed account of the supplemental official income and related expenditures of" certain county officers. This includes superior court clerks, probate court judges, sheriffs, tax receivers, tax collectors, and tax commissioners. Under the bill, "supplemental official income" includes any funds not appropriated by the county "that an individual or his or her office derives from performing duties that are within his or her official capacity as a county officer." Support is the Limited Government Position as this bill strengthens government integrity by helping ensure officials at all levels of government are held accountable.

Strengthening Government Transparency and Accountability by Requiring County Audit Reports to Include More Information on County Officer Income.

This bill prohibits companies that are "owned or operated" by the governments of Cuba, Iran, North Korea, Russia, or Venezuela from submitting bids or contract proposals to state agencies "for goods or services." For companies owned, in whole or in part, by the government of China, this is expanded to also include "procurement or purchase of computers, printers, software" and other similar equipment, including "through a third-party seller." The bill also prohibits state agencies from contracting "with a media reliability and bias monitor or with any advertising or marketing agency that utilizes a media reliability and bias monitor on services provided to the state." Support is the Limited Government Position as this bill protects against significant and unnecessary threats from U.S. foreign adversaries.

Strengthening National Security by Restricting State Agencies from Contracting with Companies Controlled by China and Other U.S. Foreign Adversaries.

This bill, the "Georgia Criminal Alien Track and Report Act of 2024," requires law enforcement agencies to comply with federal immigration detainers and provides for the withholding of state and federal funds from localities that prohibit communicating immigration status information with government agencies. The bill also makes it a misdemeanor if law enforcement officers fail to comply with provisions requiring immigration status verification of individuals in custody. Support is the Limited Government Position as the promotion of an open-border immigration system places an immense strain on U.S. infrastructure and taxpayer resources, ranging from welfare to the education system, while also creating serious national security and human trafficking issues.

Strengthening National Security by Withholding State and Federal Funds from Localities that Refuse to Comply with Federal Immigration Detainers.

This bill, the "Commercial Property Assessed Conservation, Energy, and Resiliency Cooperation Law," provides financing to commercial property owners for certain government-approved improvements such as increased energy efficiency. Under the program, local development authorities may issue bonds (debt) to finance the improvements, which are then repaid through an additional assessment on their property. Notably, this bill provides that there is "no limitation upon the amount of revenue bonds, notes, or other obligations" a development authority may issue. Oppose is the Limited Government Position as, not only is it not the proper role of government to compete in the lending industry, but taxpayer funds are also unnecessarily placed at risk in the event of a default.

Competing With the Private Lending Industry and Placing Taxpayer Funds at Risk Through the Establishment of a Commercial Property Assessed Conservation, Energy, and Resiliency Cooperation (C-PACE) Program.

This bill is intended to balance private property rights and public access to waterways. The bill declares that while citizens of the state have an inherent right to use for passage, hunting, and fishing all navigable streams from low-water mark to low-water mark, no provisions shall be construed to allow entry upon privately owned land adjacent to navigable streams. Previously, existing law provided that the state was the "trustee of its peoples' rights to use and enjoy all navigable streams capable of use for fishing, hunting, passage, navigation, commerce, and transportation, pursuant to the common law public trust doctrine." Support is the Limited Government Position as protection of private property is one of the highest duties of government and an essential component of maintaining a free and prosperous society.

Strengthening Property Rights While Ensuring Public Access to Waterways by Clarifying Protections Related to Privately Owned Land Adjacent to Streams.

This bill allows electric membership corporations (EMCs) to invest and make loans of up to 25% of their net utility plant in gas affiliates (increased from 15%). EMCs are member-owned, non-profit utilities. Support is the Limited Government Position as member-owned utilities are best equipped to make their own investment decisions, not the government.

Promoting Lower Energy Costs by Allowing Member-Owned Utility Companies to Increase Investment in Gas Affiliates.

This bill contains several provisions designed to strengthen election integrity. Most notably, the bill strengthens storage requirements for absentee ballots and requires absentee ballots received by the Monday before the election to be counted and the results posted on election day. Additionally, the bill prohibits members of the State Board of Elections, Secretary of State, local election officials, and their employees from doing business with a company that also has a state or local contract to provide voting equipment or services. Support is the Limited Government Position.

Increasing Election Integrity by Strengthening Provisions Relating to Absentee Ballots.

This bill strengthens election integrity through several provisions. Most notably, the bill requires images of all scanned paper ballots to be posted by 5 p.m. on the second Friday after the election. The bill requires ballots to be printed on security paper and contain a watermark. The bill requires post-election audits to ensure there is no more than an 8% chance the wrong winner was declared. That percentage decreases to 6% in 2026 and 5% in 2028. Support is the Limited Government Position.

Timothy Bearden

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