The 2021 Georgia General Assembly legislative session has concluded. Here’s a guide to some of the legislation that was considered. The governor now has 40 days to sign, veto or ignore bills. If he ignores them, they become law anyway. Here’s how the whole process works.
Voter Suppression Bills
HB 228: Requires that driver’s licenses granted to non-citizens include the words “BEARER NOT A U.S. CITIZEN — NOT VOTER ID.” Did not receive a vote.
HB 270: Would prevent elections boards from issuing absentee ballots within 10 days of an election. Did not receive a vote.
HB 366 / SB 69: Would make voter registration through obtaining one’s driver’s license opt-in rather than opt-out. HB 366 did not receive a vote. SB 69 passed the senate (Cowsert – Y, Ginn – Y) but was not voted on in the house.
HB 373 / SB 72: Would require county coroners to send monthly updates to the county election board of citizens that passed away the month prior. County Boards are already required to monitor and record deaths. HB 373 did not receive a vote. SB 72 passed the senate (Cowsert – Y, Ginn – Y) but was not voted on in the house.
HB 531: Photo IDs with absentee ballots, shrinks the amount of time in which to request an absentee ballot, reduces the number and times during which one can use dropboxes to vote, gives less time to count votes. Here, read GPB on it. HB 531 passed the house (Frye – N, Gaines – Y, Wiedower – Y) but was not voted on in the senate.
SB 29 / SB 67: Would require photo ID with both absentee ballot request and absentee ballot submission. SB 29 did not receive a vote. SB 67 passed the senate (Cowsert – Y, Ginn – Y) but was not voted on in the house (the Special Committee on Election Integrity). Here’s a call to action about it.
SB 68: Eliminates voting dropboxes. Did not receive a vote.
SB 70: Prevents anyone who didn’t cast a ballot in a general election from voting in a runoff. Did not receive a vote.
SB 71: Eliminates no-excuse absentee voting. Passed the senate (Cowsert – Y, Ginn – Y) but was not voted on in the house.
SB 73: Makes it illegal for third party groups, such as nonprofit groups geared toward “get out the vote” efforts, to mail out absentee ballot applications. Prohibits anyone other than the Secretary of State, elections superintendents, Board of Registrars, the candidate, or the candidate’s campaign committee from sending out absentee ballot applications. Did not receive a vote.
SB 74: Adds additional regulations to poll watchers and their access at polling/tabulation locations. Allows poll watchers all-access to the tabulating center, instead of being restricted to designated areas, except as needed for security or to prevent interference. Passed the senate (Cowsert – Y, Ginn – Y) but was not voted on in the house.
SB 89: Allows the State Elections Board to replace County Elections Superintendents for “low-performing” election offices and creates an “elections assistance officer” in the secretary of state’s office. Passed the senate (Cowsert – Y, Ginn – Y) but was not voted on in the house.
SB 93: Restricts portable/mobile polling locations unless the existing polling place is deemed unsafe. Passed the senate (Cowsert – Y, Ginn – Y) but was not voted on in the house.
SB 178: Bans governments from mailing unsolicited absentee ballot request forms. Passed the senate (Cowsert – Y, Ginn – Y) but was not voted on in the house.
SB 184: Reduces the amount of time to count absentee ballots; co-sponsored by Bill Cowsert. Passed the senate (Cowsert – Y, Ginn – Y) but was not voted on in the house.
SB 202: This was a last-minute omnibus voter suppression bill. It requires photo identification for absentee ballots (this is essentially a poll tax), allows the state legislature to take over county elections through control of the State Election Board (“SEB”) and the Secretary of State’s office, gives local elections boards less time to administer run-off elections, criminalizes providing food and drink to people waiting in line to vote, creates unfunded mandates, adds an unnecessary fraud hotline, requires third-party absentee ballot applications to be more clearly labeled and prohibits state and local governments from sending unsolicited applications for absentee ballots, limits the number and location of secure absentee dropboxes as well as access to them, says that voters who show up to the wrong precinct will not have their provisional ballots counted (unless it’s after 5 p.m. and they sign a statement they could not make it to the correct poll), limits mobile polls to emergencies and more. SB 202 has passed the senate (Cowsert – Y, Ginn – Y) and the house (Frye – N, Gaines – Y, Wiedower – Y), both along party lines and in a huge rush, and then Brian Kemp signed it into law immediately, giving no time for voter protest and input.
SB 241: Another omnibus bill full of voter suppression: ends no-excuse absentee voting for anyone not 65+, disabled, out of state, observing a religious holiday, or other narrow excuse; require ID and a witness signature for those who meet47 the standards above; restricts the use of mobile voting buses; requires judges to hear election lawsuits within two business days of filing and decide them as soon as possible; creates a voter intimidation and illegal election activities hotline; limits the ability of the State Election Board and the Secretary of State to enter into certain consent agreements; bans drop boxes and requires that ballots are returned to Election Clerk’s offices; prohibits early in-person voting at non-government owned buildings; requires a court order to extend voting hours; allows the Secretary of State to audit mail ballots either statewide or to target individual counties; and allows the State Elections Board to recommend a board of elections be removed and replaced with members of their choosing. YEESH. Passed the senate (Cowsert – Y, Ginn – Y) but was not voted on in the house.
Criminal Justice Reform
HB 45 / HB 479: Eliminates citizens’ arrest, with a few exceptions. One of the few actual good things that might pass this session. Prompted by murder of Ahmaud Arbery. HB 45 did not receive a vote. HB 479 has passed the house unanimously (Frye – Y, Gaines – Y, Wiedower – Y) and the senate (Cowsert – Y, Ginn – N, literally the only senator to vote against it) and is going to the governor to sign.
HB 168: Exempts certain inmate records for individuals that were convicted of a dangerous sexual offense against a minor or serious violent felony from being considered state secrets when requested by a district attorney. This gives more power to the prosecution. Passed the house (Frye – N, Gaines – Y, Wiedower – Y) and the senate (Cowsert – Y, Ginn – Y).
HB 286: Authored by Rep. Houston Gaines (R-Athens) and co-sponsored by Marcus Wiedower, this bill prohibits county governing authorities from reducing funding for county police departments beyond the most minute amount, taking away local control over budgets. Here’s Flagpole writing about it. See also SB 171. Passed the house (Frye – N, Gaines – Y, Wiedower – Y) and the senate (Cowsert – Y, Ginn – Y) and is going to the governor to sign.
SB 105: This bill supported by the Georgia Justice Project provides a unified process by which individuals that have served at least three years on probation and have successfully met a list of eligibility criteria can seek early termination of their probation sentence. It’s a rare good thing. Passed the senate unanimously (Cowsert did not vote on it [he was “excused”] and Ginn voted for it) and the house (Frye – Y, Gaines – Y, Wiedower – Y).
SB 115: Would require the Departments of Public Safety and Driver Services to offer a course on best practices for interacting with law enforcement officers. In other words, it creates a class in how not to get killed by the police instead of requiring officers to try not to kill people. Passed the senate (Cowsert – Y, Ginn – Y) and the house (Frye – N, Gaines – Y, Wiedower – Y), but failed to pass when it returned to the senate.
Education
HB 60: The Georgia Association of Educators says, “a voucher bill that would make students eligible for taxpayer-funded, private school tuition if the public school in which they are enrolled is not offering a full-time, in-person classroom option.” Did not receive a vote.
SB 47: Expands the use of vouchers. GAE says, “SB47 would expand the use of private school vouchers, diverting desperately-needed resources away from public education, in order to fund the education of families who can afford to pay the extra costs of private schooling. Private school vouchers do not adequately serve low-income students because the cost of tuition and fees at schools that accept vouchers generally exceeds the amount of the voucher, making voucher schools unaffordable for most low-income families. Contact the members of the Education committee to tell them not to rob public education funding.” SB 47 has passed the senate (Cowsert – Y, Ginn – Y) and the house (Frye – N, Gaines – Y, Wiedower – Y) and is going to the governor to sign.
SB 106: Requires that schools must provide wraparound services before expelling or out-of-school suspending any student in grades pre-K through 3. This is a step in the right direction. Passed the senate, almost unanimously (Cowsert – Y, Ginn – Y; the only people who didn’t vote for it were Republicans) but was not voted on in the house.
Environment
HB 150 / SB 102: Would prohibit governmental entities from adopting any policy that prohibits the connection or reconnection of any utility service based upon the type or source of energy or fuel. IN other words, it limits the control of local governments to adopt environmentally minded policies. Local senator Bill Cowsert is a sponsor of SB 102. HB 150 has passed the house (Frye – N, Gaines – Y, Wiedower – Y) and the senate (Cowsert – Y, Ginn – Y) and is going to the governor to sign. SB 102 did not receive a vote. Here’s a call to action on these bills.
HB 355: The Georgia Conservancy supports this bill authored by Marcus Wiedower (and cosponsored by Houston Gaines) and writes that it “seeks to establish a carbon registry in Georgia that would enable the creation and tracking of carbon credits that can be accrued and then sold by developers to companies looking to offset their carbon footprint. The registry would include carbon credits for the use of sustainable building products, such as CO2 infused concrete, mass timber, carbon-neutral flooring, and all wood products, in statewide construction projects. Housed at the State Forestry Commission, the registry allows for the verification of structures by an independent third-party so as to determine the number of credits issued to the developer. Participation in the registry would be voluntary.” It seems… okay. Passed the house (Frye – Y, Gaines – Y, Wiedower – Y), almost unanimously, and the senate (Cowsert – Y, Ginn – Y) unanimously.
Guns
HB 2: “Constitutional Carry,” i.e., eliminate gun licenses. Did not receive a vote.
HB 218: Creates weapons-carry reciprocity with other states. Passed the house (Frye – N, Gaines – Y, Wiedower – Y) and the senate (Cowsert – Y, Ginn – Y).
Healthcare
HB 146: Would provide three weeks of paid parental leave for eligible state employees and eligible local board of education employees. Sponsored by Houston Gaines. Doesn’t go nearly far enough but is better than what we have now, which is nothing. Passed the house (Frye – Y, Gaines – Y, Wiedower – Y) and the senate (Cowsert – Y, Ginn – Y) and is going to the governor.
HB 290: Prohibits hospitals and long-term care facilities from barring people from visiting their families, even in a pandemic. HB 290 has passed the house (Frye – N, Gaines – Y, Wiedower – Y) and the senate (Cowsert – Y, Ginn – Y) but ended up tabled in the senate. It’ll probably be back next year but didn’t pass yet.
HB 413: Bans requiring COVID-19 vaccines “as a condition for employment, school attendance, professional licensure, educational certification or degree, admittance to any place of business or entertainment, or access to any mode of transportation.” Did not receive a vote.
LGBTQ+
HB 276 / SB 266: Prohibits schools (public and private) and University System of Georgia from having athletic programs or activities “that permit a person whose gender is male to participate in an athletic program or activity that is designated for females.” Obviously, this deliberately misunderstands “gender” and is anti-trans. Did not receive a vote.
HB 372: “‘Gender’ means a person’s biological sex at birth and shall be recognized based on a person’s reproductive organs at birth.” <– more anti-trans nonsense. Did not receive a vote.
HB 401: Prohibits any healthcare professional from performing any procedure on a minor with the purpose of attempting to affirm the minor’s sex, if the minor’s sexual perception is different than their biological sex. Did not receive a vote.
SB 200: Allows churches to operate in a pandemic even if the governor declares a state of emergency. Passed the senate (Cowsert – Y, Ginn, – Y) but was not voted on in the house.
Other Bad Things
HB 112: Extends business immunity from COVID-19-related lawsuits for an extra year, through August 2021, making it much harder to sue businesses who aren’t keeping the health of their employees and customers in mind during a pandemic. Sen. Cowsert tried to offer an amendment that would have removed “gross negligence” as an exception, but it did not pass committee. HB 112 has passed the house (Frye – N, Gaines – Y, Wiedower – Y) and the senate (Cowsert – N [presumably because it’s not as employer-friendly as he wanted], Ginn – Y) and is waiting for the governor to sign it.
HB 383: Prevents state institutions from doing business with anyone with a boycott/divest policy on Israel and creates new paperwork as a result. Passed the house (Frye – Y, Gaines – Y, Wiedower – Y) and the senate (Cowsert – Y, Ginn – Y).
SB 171: The “Safe Communities Act of 2021” is an anti-protesting bill that creates new penalties for offenses committed during “unlawful assemblies” and withholds funding from any governing authority that reduces the budget of a law enforcement agency by 30 percent or more over one year. Did not receive a vote BUT came back to life as zombie bill HB 289, which, thankfully, did not pass the senate.
SB 226: Makes the sale or distribution of harmful material to minors statute applicable to libraries operated by schools and creates a process for parent complaint. SB 226 has passed the senate (Cowsert – Y, Ginn – Y) but was not voted on in the house.
Other Good Things
HB 65: Houston Gaines, Marcus Wiedower and Spencer Frye are the three co-authors on this bill that would move Athens’ nonpartisan elections back to November. Did not receive a vote.
HB 255: Would create a statewide rape-kit tracking system for sexual assault victims. Passed both house and senate unanimously.
HB 317: Would require platforms like Airbnb and VRBO to collect and remit hotel/motel taxes on short-term rentals. Passed the house (Frye – Y, Gaines – Y, Wiedower – Y) and the senate (Cowsert – Y, Ginn – Y) and is going to the governor to sign.
HB 617: Would allow college athletes to receive compensation for the use of their name, likeness or image, without having their scholarships revoked. The bill also requires postsecondary institutions to provide financial literacy and life skills courses to student athletes, which is dumb and paternalistic, but the rest of it is a step in the right direction. It also would only create a framework in the event that this practice is permitted by the federal government. HBPassed the house (Frye – Y, Gaines – Y, Wiedower – Y) and the senate(Cowsert – Y, Ginn – Y) and is going to the governor to sign.