Summary of Bills
2015 legislative session
UPDATE
By Scott V. Lofranco
McCalla Raymer, LLC
[email protected]
I
n this month’s magazine, I will be discussing a few key
pieces of legislation from the 2015 legislative session.
As an attorney working in government affairs, it is always
interesting to witness the vetting process that shapes the
laws I use in other areas of my law practice. I am also able
to create additional value for my clients by advising them
on changes in the law as they develop in real time. For
those with a limited recollection or knowledge of Georgia’s
legislative process, here is a brief overview:
• The General Assembly is a bicameral legislative body
composed of 180 members of the House of Representatives
and 56 members of the Senate. The Speaker of the House
presides over the House, and the Lieutenant Governor
presides over the Senate.
• In January of each year, the General Assembly convenes
under the Gold Dome for a 40-day legislative session.
However, these do not have to be consecutive days.
• To become law, a bill must pass both chambers by the end
of Day 40. Upon the passage of the bill, the Governor may
veto it, sign it into law, or take no action (in which case, it still
becomes law).
• Day 30, aka “Crossover Day,” is the last day a bill can pass
out of its original chamber, cross over to the other chamber,
and be available for passage in the same session.
• Our General Assembly operates on a biennial legislative
term. Any bills that don’t cross over in the first year will
typically remain in the committee to which they are assigned
and be available for consideration next year. If a bill does
not pass in the second term, it is dead and will have to be
reintroduced.
The 2015 legislative session will likely be remembered as
the year of transportation funding, and there is no doubt that
this issue fostered some of the most intense political debates
in recent years. As adopted, HB 173 will raise an estimated
$1 billion/year for transportation projects across the state.
18 THE ATLANTA LAWYER
May 2015
Some of the fundraising measures include a $0.26/gallon
excise tax on gasoline and a $5/night hotel room tax, as well
as the elimination of tax credits for aviation fuel and electric
cars.
HB 1, which legalizes the use of cannabis oil with a low THC
concentration for medical purposes, was signed into law by
Governor Deal on April 16, 2015. The oil, as prescribed by a
physician, can now be used legally to treat seizures, sickle
cell anemia, Crohn’s disease, Lou Gehrig’s disease, multiple
sclerosis, mitochondrial disease, and Parkinson’s disease.
On April 29, the Governor also signed HB 429 into law, which
contained legislation requiring insurance companies to
provide limited coverage for children diagnosed with autism.
SB 129, the “religious freedom” bill, crossed over but did not
pass out of the House Judiciary Committee. While the bill’s
intent is to prevent government interference with a person’s
religious beliefs unless there is a compelling state interest,
opponents feared that its passage could harm tourism and
economic development in the state. SB 129 is still available
for consideration and will likely become a key issue for
legislators in 2016, which is an election year.
Finally, HB 153, which was legislation introduced to curb
the practice of witness-only real estate closings, passed
both chambers. A consumer involved in a one-to-four family
residential real estate transaction or consumer debtor or
trustee of a consumer debtor in a bankruptcy case involving
a one-to-four family residential property may now file a civil
action for damages stemming from a violation of the Georgia
Supreme Court’s rules relating to the unlicensed practice of
the law. The final version can be found here:
h t t p : / / w w w . l e g i s . g a . g o v / l e g i s l a t i o n / e n - US /
Display/20152016/HB/153
This is just a small glimpse of what transpired this year under
the Gold Dome. As you can probably guess, there is never a
dull moment during the session.
The Official News Publication of the Atlanta Bar Association