GFIA_Vol24No1.indd

LEGISLATIVE NEWS 2024 Legislative Session Review T he 40th day of Georgia’s 2024 legislative session ended just before 1:00 am on Friday, March 29th. This year marks the end of the two year term of office for state legislators. As expected, there was a flurry of activity on those last days, with bills passing like ping pong balls between the two chambers, looking for agreement between the House and Senate. If the two sides didn’t agree to the changes made by the other chamber, a conference committee was appointed to work out a compromise. The conference committee report went back to each chamber for ANOTHER vote. It’s actually amazing that anything gets passed! Over the past two sessions, more than 2,000 bills were introduced, and our legislative team tracked 255 pieces of legislation for our industry. Governor Brian Kemp has 40 days to decide whether to sign or veto a bill that has been passed. After 40 days with no action, a bill passed by the legislators becomes law.

Budget The budget is the only piece of legislation constitutionally man dated to be addressed each session, and sometimes the House and Senate disagree on priorities until the very end. The conference committee report on HB916, which is the general appropriations bill for the FY 2025 budget, passed in the last hour of the session. Status: Passed Republicans are proud of the “kitchen sink” issues that were included in this year’s budget, like tax cuts and teacher raises. Democrats were disappointed that some of their biggest issues, such as expanding Medicaid, were not included. Retailers were happy to see over $1.4M included that will establish an Organized Retail Crime and Cyber Prosecution Unit within the Attorney General’s office. Data Privacy SB 473, by Sen John Albers (R-Roswell) is the data privacy bill that creates a unique state framework for the collection, sale, and transfer of consumer data. Status: Did NOT pass Swipe Fees on Sales Tax After immense resistance from the banking industry, retailers were glad to see the passage of HR 1135, by Rep. Todd Jones (R-For syth), which creates the House Swipe Fee Study Committee. The committee will study the impact of electronic transaction costs to Georgia merchants and consumers, with a specific focus on de termining whether merchant discount fees should be imposed on the state tax portion of a transaction and the impact that these fees on tax portions of transactions have on the businesses that collect taxes on behalf of Georgia. Status: Passed Last year, SB126, by Sen. Billy Hickman (R-Statesboro) was in troduced to eliminate the interchange fees paid on Georgia’s sales tax. The bill was formally withdrawn from consideration early this Session. Status: Did NOT pass

Hemp / Tobacco / Vape / Kratom Several committee meetings were spent addressing the problem of access to vape, Kratom, and consumable hemp products. HB1260, by Rep. Houston Gaines (R-Athens), would have created a vape directory, similar to the tobacco directory. Although the bill passed the House and Senate Regulated Industries Committee, the bill ran out of time for full passage in the Senate. The Department of Revenue would have been responsible for the directory and enforcement. After robust conversation regarding products, litigation, and the FDA process, this issue is far from over. Status: Did NOT pass HR 1283, by Rep. Alan Powell (R-Hartwell), creates the House Study Committee on Safety and Consumer Protection of Nicotine Vapor Products. The committee will be composed of five house members who will study the industry and make recommendations for the upcoming session. Status: Passed SB 494, by Sen. Sam Watson (R-Moultrie), “The Georgia Hemp Farming Act”, will now regulate consumable hemp products. The bill makes consumable hemp age restricted in the same manner as alcohol and tobacco (21 years of age and older), including requiring specific signage. The bill further creates annual licensing requirements for retailers, wholesalers and manufacturers that wish to sell consumable hemp products, which includes fees and penalties for violations. Finally, the bill prohibits the selling or advertising of any consumable hemp products that are “attractive to children.” Status: Passed HB 181, by Sen. Sam Watson (R-Moultrie), restricts the sale of Kratom to anyone under 21, prohibits kratom in vapor form, restricts placement of kratom to either behind a counter or in a secured display only accessible by store personnel, offers a fine structure for violations, establishes a concentration ratio, and sets parameters around the processing, packaging and labeling of Kratom. Status: Passed Gaming/COAM HB 353, by Rep. Alan Powell (R-Hartwell), related to Coin Operated Amusement Machines (COAM), increases the amount

5

“The Voice of the Food Industry in Georgia”