Rep. Alan Powell: 2024 Legislative Newsletter – Week Five

By State Representative Alan Powell, HD 33

On Monday, January 29, the Georgia General Assembly reached Legislative Day 14, which means we are more than a quarter of the way through the session.

Governor Kemp signed one of the first bills into law from this session, House Bill 30, adding antisemitism as a category covered by our hate crimes law.

On Tuesday morning, my colleagues and I learned the heartbreaking news that we had lost one of our own, a dedicated statesman, the honorable House Rules Chairman, Richard Smith (R-Columbus). While we mourned the loss of our friend and colleague, we continued our legislative work and gave passage to several bills this week.

House Bill 878: To provide the proper procedure for motorists passing a United States Postal Service (USPS) vehicle. The bill would require a motorist to slow down and, if safe, pass on the left adjacent lane as they approach a postal service vehicle with its flashing lights on. If the motorist is unable to pass the USPS vehicle, this legislation would require them to slow down, stop, and wait for the postal service vehicle to re-commence its route.

House Bill 881: Amends provisions governing the Prosecuting Attorneys Qualifications Commission (PAQC) to remove the requirement the Supreme Court of Georgia review and approve the rules and regulations of the PAQC; amends grounds for discipline, clarifying a mental or physical incapacity must adversely affect the performance of the district attorney’s (DA) or solicitor general’s (SG) duties in order to be punishable.

Medical leaves of absence would only qualify as a ground for discipline if the absence or aggregate time of the absence is 10 months or more in 12 months. It also clarifies that the decisions by the PAQC hearing panel are appealable to the superior court of the county or counties in which the DA or SG practices or practiced in, with the appeal using an arbitrary, capricious or abuse of discretion standard. That decision could immediately be appealed to the Supreme Court of Georgia.

House Bill 905: Removes the authority for administrative officers and quasi-judicial officers to exercise zoning powers in specified circumstances. The bill removes the authority for quasi-judicial boards or agencies to hear and render decisions on special administrative permits and conditional use permits.

House Bill 976: Requires ballots to be printed on security paper that includes a visible watermark. Should the bill receive final passage and be signed into law, it would be implemented for the general election in November 2024. The low, one-time cost to implement this change would be included in this year’s amended budget.

House Bill 985: Abolishes the Georgia Higher Education Assistance Corporation and transfers its obligations and liabilities to the Georgia Student Finance Authority. This corporation no longer has a purpose due to the retirement of portfolios and programs administered by the corporation. Approximately $28 million in reserves in the corporation could be released to the Georgia Student Finance Authority and utilized for education purposes, to be held in a separate reserve. Georgia Student Finance Authority would not be able to utilize these funds without direction from the Governor and General Assembly. Should HB 985 receive final passage and be signed into law, it would be effective June 30, 2024.

Several Senate bills are heading over to the House, and after years of debate on the proper methodology to legalize sports betting, the Senate approved an amended version of SB 386 on sports betting, that will require a constitutional amendment to legalize the new form of gaming by a 35-15 vote. If approved by the House of Representatives, Georgia voters would have the final say on sports betting in the 2024 November general election.

Senate Bill 442: Would repeal the requirements for a certificate of need, or CON, that determines whether hospitals can operate in counties with a population less than 35,000. With this in mind, if Georgia expanded Medicaid, the federal government would cover 90% of the cost of the expanded population, plus the state would qualify for an added incentive that would create a financial surplus.

My number one job is to be your voice at the Capitol. I encourage you to visit your Capitol and call me if you have any questions or concerns. My capitol number is 404-463-3793. My email is [email protected] or [email protected]. When writing, please include your address and a phone number where you may be reached. As always, thank you for allowing me to serve as your State Representative.