2025 Capitol Update - Sine Die Update
2025 Capitol Update - Sine Die Update
April 14, 2025
The 2025 Legislative Session is officially over. The Governor now has hundreds of bills to parse through over the next 40 calendar days that he can sign, veto, or allow to become law without any action.
ACEC Georgia and the larger business community had a great session. From tort reform, to professional licensure clean up, to codifying the process for open records requests relating to companies doing business with state or local government, the majority of our priorities for this legislative session were passed and are now eligible for the Governor’s consideration.
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Tort Reform
For more than a decade, we have partnered with a broad coalition of business and community leaders to advocate for tort reform to curb frivolous lawsuits and create a more equitable civil justice system for both defendants and plaintiffs. With a lot of help from Governor Kemp, nearly every chamber of commerce in the state, and just about every lobbyist, the Governor’s comprehensive tort reform package (SB 68 & 69) passed—but not without a fight. After passing somewhat comfortably in bipartisan fashion in the Senate, Senate Bill 68 by Senator John F. Kennedy, which contained a majority of the reform’s proposals, passed by the absolute slimmest of margins in the House with a vote of 91 to 82. Any legislation needs at least 91 votes to pass the House.
Senate Bill 68 proposed to reform the following:
Anchoring: would prohibit counsel from proposing inflated and arbitrary amounts to the jury for what they believe the damages ought to be that have no relation to the plaintiff’s actual economic damages
Double dipping of attorney’s fees: closes a loophole in current law that allows attorneys to be awarded their fees twice
Motions to dismiss: allows a defendant to file a motion to dismiss in lieu of an answer, which will help mitigate unnecessary discovery processes and fees
Premises liability: ensures that businesses are only liable for damages stemming from incidents on their property that they could have directly controlled or reasonably foreseen
Phantom damages: would require the plaintiff to seek damages in the amount that they are responsible for in a medical bill rather than inflated amounts that may include fees already paid
Seatbelt gag order: repeals the prohibition on submitting evidence of a plaintiff’s non-use of a seatbelt in a car crash
Trial bifurcation: would divide the trial into two phases so that liability can be established by the jury before damage award amounts are determined
Senate Bill 69 proposes to reform third party litigation funding by banning foreign adversaries from funding litigation, protecting consumers from predatory lenders aiming to profit off of nuclear verdicts, and increases transparency of legal third-party financiers.
The Governor is expected to sign this legislation in short order.
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Qualifications-Based Selection
Senator Ed Setzler championed our Qualifications Based Selection legislation (Senate Bill 51) this session. Fortunately, while it ultimately did not pass out of the House Rules Committee, it is still alive for next session and does not need to undergo the same process of passing multiple committees before being eligible for the House floor. Procedurally, it must go back to the committee of jurisdiction, House Governmental Affairs, where it easily passed twice. The language from SB 51 is also now also on House Bill 377, which is in the Standing Senate Rules Committee (a committee inside a committee, not unlike a subcommittee). So, QBS has multiple options next session!
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Licensure Legislation
The PE exam and experience decoupling legislation, SB 125 by Senator Larry Walker became a vehicle for numerous other licensure bills. The original version dealing only with decoupling for engineers was a 2 page bill; however, the final version was a 48 page bill that dealt with 6 industries and became a priority for the Joint House-Senate Blue Ribbon Licensing Committee that met several times last year to find solutions to the numerous issues relating to professional licensing boards under the Secretary of State’s office.
Other licensing legislation includes House Bill 579 by Representative Matt Reeves and Senate Bill 207 by Senator Brian Strickland. HB 579, which aimed to streamline the state’s occupational licensing process and allow division directors to approve licenses, has passed and is on the Governor’s desk. This legislation does not affect the PELS board or other boards outside of the Secretary of State’s Office. SB 207, however, which proposed to clean up statute for all professional licenses to allow individuals with prior convictions to more easily get a license, did not pass. This legislation simply needs an agree on the House side to ensure the same version passes both chambers before it can be eligible for the Governor’s signature.
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Open Records Act Clarification
Senate Bill 12 by Senator Ginn, which clarifies who is responsible for receiving and responding to all requests under Georgia’s Open Records Act, passed both chambers in bipartisan fashion and is eligible for the Governor's signature—some news reports have claimed that SB 12 did not pass, however that is not the case. The legislation underwent some massive changes in the House Rules Committee during the last week of session, but ultimately, those new provisions were stripped out and the legislation passed with only slight variations from the original form introduced.
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Other legislation that we followed includes House Bill 137 by Representative Victor Anderson, which proposes to increase the dollar threshold for public works contracts for local governments and most state agencies exempt from public bidding from $100,000 to $250,000. This legislation is now eligible for the Governor’s signature.
House Bill 531 by Representative Matt Reeves proposed to establish limits on municipal liability ($3 million per person and $5 million per occurrence, which is higher than the $1/$3 limit that the state and counties enjoy). Ultimately, it failed to pass the Senate in time, though it remains eligible for consideration next year. However, Senate Bill 298 by Senator Randy Robertson, which gives cities the right to appeal adverse rulings on sovereign immunity, did pass and is now on the Governor’s desk.
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Our next and final Capitol update of the year will be after the closure of the Governor’s bill signing period in May.
LEGISLATION ACEC GEORGIA FOLLOWED:
Local Government
HB 137 by Representative Victor Anderson (R-Cornelia): would increase the dollar threshold for public works contracts exempt from public bidding from $100,000 to $250,000 for local governments, most state agencies, and school boards.
Status: Passed the House Governmental Affairs Committee; Passed the House 152 to 9; Passed the Senate State and Local Governmental Operations Committee; Passed the Senate 45 to 5. NOW ELIGIBLE FOR THE GOVERNOR’S SIGNATURE
Position: SUPPORT
HB 531 by Representative Matt Reeves (R-Duluth): proposes to extend the period for plaintiffs to provide notice (ante litem notice) for an intent to sue a city from six months to twelve months. The legislation also has a provision to limit the liability for cities at $3 million per person and $5 million per occurrence.
Status: Passed the House Judiciary Committee; Passed the House 161 to 13; Passed the Senate Judiciary Committee; it did not pass the Senate and will be sent back to the Senate Judiciary Committee
Position: Monitor
SB 12 by Senator Frank Ginn (R-Danielsville): revises the Georgia Open Records Act by redefining what is considered a public record to include only documents that are prepared, maintained, or received by a public agency and not the possession of a person or group who has contracted with a public agency.
Status: Passed the Senate Judiciary Committee; passed the Senate 49-0 on 2/21/25; Passed House Governmental Affairs; Passed the House 167-1; Senate agreed to the House Committee substitute. NOW ELIGIBLE FOR THE GOVERNOR’S SIGNATURE
Position: SUPPORT
SB 51 by Senator Ed Setzler (R-Acworth): this legislation would require qualifications-based selection for the procurement of A/E services for local government projects where the professional services cost is estimated to be $75,000 or more, or if the project cost is estimated to be $1 million or more. This is not a prohibition on cost being a factor, this simply shifts the consideration of cost to a second stage of negotiation after the firms have been ranked, rather than cost being an initial evaluation.
Status: Passed the Senate State and Local Governmental Affairs Committee unanimously; passed the Senate 54 to 1; passed the House Governmental Affairs Committee; did not pass out of House Rules and will be sent back to the House Governmental Affairs Committee.
Position: SUPPORT
SB 70 by Senator Tonya Anderson (D-Lithonia): would authorize the creation of the Conyers Community Improvement District
Status: Passed the Senate State and Local Governmental Affairs Committee; Passed the Senate 49-0; Passed the House Intragovernmental Coordination Committee; Passed the House 172 to 0. NOW ELIGIBLE FOR THE GOVERNOR’S SIGNATURE
Position: Monitor
SB 151 by Senator Brandon Beach (R-Alpharetta): proposes the creation of a “Joint Development Authority of North Fulton Municipalities”. A committee of seven directors would be created with one representative each from Alpharetta, Johns Creek, Milton, Mountain Park, Roswell, and Sandy Springs, with a seventh member being appointed by the committee.
Status: Passed out of the Senate State and Local Governmental Affairs Committee; passed the Senate 32 to 23. Passed the House Intragovernmental Coordination Committee. The House passed this with a substitute, however the substitute did not receive a final agree on the Senate side. With Senator Beach’s new role as US Treasurer, it is unclear what will happen to this measure next year.
Position: Monitor
Industry & Professions
HB 34 by Representative Dale Washburn (R-Macon): would allow the professional licensing board division to utilize a continuing education tracking solution software that would monitor compliance of licensees with their respective continuing education requirements. Currently, this legislation does not affect the PELS Board.
Status: Passed the House Regulated Industries Committee; passed the House 171-2; passed the Senate Regulated Industries and Utilities Committee. This legislation was put on SB 125 which did pass.
Position: Monitor
HB 579 by Representative Matt Reeves (R-Duluth): is the omnibus licensing package that aims to fix numerous issues plaguing the Secretary of State’s licensing board division.
Status: Passed the House Appropriations Committee; Passed the House 158 to 2; passed the Senate Regulated Industries committee; passed the Senate 53-0. NOW ELIGIBLE FOR THE GOVERNOR’S SIGNATURE
Position: Monitor
SB 28 by Senator Greg Dolezal (R-Forsyth County): this legislation aims to reduce red tape and reconfigure how the regulatory environment operates in Georgia by allowing the legislature to take a more active role in regulatory activities.
Status: Passed the Senate Economic Development & Tourism Committee; passed the Senate 31 to 23. Passed the Senate Budget and Fiscal Affairs Oversight Committee but was sent back. This legislation remains alive for next session.
Position: Monitor
SB 68 by Senator John Kennedy (R-Macon): this is part of the legislative tort reform package. It proposes to limit phantom damages, eliminates double recovery of attorney’s fees, allows admissibility of seat belt nonuse, and includes comprehensive premises liability.
Status: Passed the Senate Judiciary Committee; passed the Senate 33 to 21; Passed the House Rules Committee; Passed the House as amended, 91 to 82; Senate agreed. NOW ELIGIBLE FOR THE GOVERNOR’S SIGNATURE
Position: SUPPORT
SB 69 by Senator John Kennedy (R-Macon): this is part of the legislative tort reform package. It proposes to regulate third party litigation financing and prohibits foreign third-party litigation financing.
Status: Passed the Senate Judiciary Committee; passed the Senate 52-0; passed the House Rules Committee special subcommittee on Lawsuit Reform; passed the House 98 to 69. House agreed to the new Senate substitute 120 to 42. NOW ELIGIBLE FOR THE GOVERNOR’S SIGNATURE
Position: SUPPORT
SB 125 by Senator Larry Walker (R-Perry): decouples the exam and experience for professional engineers.
Status: Passed the Senate Regulated Industries Committee; passed the Senate 56-0! Passed the House Regulated Industries Committee; was amended heavily to include HB 34 and HB 187. Passed both chambers. NOW ELIGIBLE FOR THE GOVERNOR’S SIGNATURE
Position: SUPPORT
SB 207 by Senator Brian Strickland (R-McDonough): would provide a preclearance process for the licensing of individuals with criminal records who apply for a professional license in the state.
Status: Passed the Senate Judiciary Committee; passed the Senate 55 to 0. Passed the House Judiciary Committee; Passed the House 170 to 0; Senate agreed to the House version with a Senate floor amendment, so it needs an agree on the House side before it can pass.
Position: SUPPORT
Transportation
HB 164 by Representative Steven Meeks (R-Screven): would remove the sunset date of July 1, 2025 on the increase of truck weight limits to 88,000 on state roads for trucks carrying agricultural and farm products.
Status: Passed the House Transportation Committee; passed the House 164 to 9. Passed the Senate Transportation Committee; Passed the Senate 55 to 1. NOW ELIGIBLE FOR THE GOVERNOR’S SIGNATURE
Position: Monitor
HB 224 by Representative Josh Bonner (R-Fayetteville): would allow GDOT to authorize the construction or maintenance of any private road on a military base or installation so long as the funds for such roads are derived from the US DOD.
Status: Passed the House Transportation Committee; passed the House 172 to 0. Passed the Senate Transportation Committee; Passed the Senate 51 to 0. NOW ELIGIBLE FOR THE GOVERNOR’S SIGNATURE
Position: Monitor
HB 575 by Representative Derrick McCollum (R-Gainesville): is the annual GDOT housekeeping bill. This legislation is primarily code clean up, however section 4 deals with right of way coordination between utilities. This would give the department the ability to move major utilities sooner, where it’s feasible, before a project is awarded.
Status: Passed the House Transportation Committee; passed the House 165 to 1; Passed to the Senate Transportation Committee; Passed the Senate 50 to 0. House agreed to the Senate substitute. NOW ELIGIBLE FOR THE GOVERNOR’S SIGNATURE
Position: Monitor
BILLS THAT ARE DEAD FOR THE 2025 SESSION, BUT ELIGIBLE FOR THE 2026 SESSION:
Local Government
HB 152 by Representative Matt Reeves (R-Duluth): would extend the existing Mini Brooks Act to local governments. This would require Qualifications-Based Selection for the procurement of A/E services for projects where professional services are estimated to be $75,000 or more or for any project with a total preliminary construction cost of $1 million.
Status: Assigned to the House Governmental Affairs Committee
Position: SUPPORT
HB 168 by Representative Mitchell Horner (R-Ringgold): would revise the way in which SPLOST can be reinstated. Current law allows local governments to reimpose a SPLOST in the original way in which it was enacted, however this legislation would require that any reimposition of such SPLOST must also go through the general assembly as a local bill.
Status: Assigned to the Ways & Means Committee
Position: Reviewing
HB 317 by Representative Ron Stephens (R-Savannah): would create a new option for local governments to help finance essential infrastructure needs called a “Workforce and Residential Infrastructure District (WRID). If approved by the local government, this would allow landowners within the district to self-impose taxes to fund these public infrastructure projects & improvements. A constitutional amendment would be required for the enactment of the legislation, HR 192 by Representative Ron Stephens (R-Savannah).
Status: Assigned to the House Ways & Means Committee (was originally assigned to Governmental Affairs). The sponsor and advocates agree that this should be a 2 year bill, as it requires a constitutional amendment. This bill will come back next session.
Position: SUPPORT
Industry & Professions
HB 107 by Representative Bethany Ballard (R-Warner Robins): would require all professional licensing boards in the state to adopt a process by which spouses of military members or transitioning service members may obtain a digitally verifiable license.
Status: Passed the House Defense & Veterans Affairs Committee
Position: Monitor
Transportation
HB 76 by Representative Stacey Evans (D-Atlanta): would require the Department of Transportation to host public hearings for local transportation projects of significant impact.
Status: Assigned to House Transportation Committee
Position: REVIEWING
HB 387 by Representative Brad Thomas (R-Holly Springs): would require a service delivery agreement to include a growth boundary agreement component.
Status: Assigned to the House Governmental Affairs Committee
Position: Monitor
Water & Environmental
HB 559 by Representative John Carson (R-Marietta): this legislation would revise the sunset date on the sales tax exemption for the equipment used in data centers from 2031 to 2026.
Status: Assigned to the House Ways & Means Committee
Position: Monitor
SB 34 by Senator Chuck Hufstetler (R-Rome): would prohibit an electrical utility provider from recovering the cost of servicing a data center from regular ratepayers.
Status: Assigned to Senate Regulated Industries & Utilities Committee
Position: Monitor