LC 56 0208S
The House Committee on Rules offers the following substitute to SB 429:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 28 and 50 of the Official Code of Georgia Annotated, relating to the General1
Assembly and state government, respectively, so as to provide for procedures and processes2
concerning the enactment of legislation and the adoption of rules and regulations; to provide3
a definition; to provide for the preparation and submission of small business impact analyses4
for bills introduced during sessions of the General Assembly; to provide for contracting; to5
provide for the revision of small business impact analyses; to create the Wrongful Conviction6
Compensation Review Panel; to provide for a short title; to provide for applicability; to7
provide for definitions; to provide for the composition of such panel; to provide for the8
burden of proof and evidence to be considered by such panel; to provide for evaluation of9
claims by such panel; to provide for notice of claims, forms, and hearings; to provide for10
such panel to make recommendations to such board; to provide for payments; to provide for11
legislative construction; to conform terminology; to provide for related matters; to provide12
a short title; to provide an effective date; to repeal conflicting laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
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PART I15
SECTION 1-1.16
This Act shall be known and may be cited as the "Small Business Protection Act of 2024."17
PART II18
SECTION 2-1.19
Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is20
amended in Chapter 5, relating to financial affairs, by revising Code Section 28-5-60, relating21
to such board's creation, membership, and representation of members by deputies or other22
designated employees, as follows:23
"28-5-60.24
(a) As used in this article, the term:25
(1) 'Board' means the Claims Advisory Board created in subsection (b) of this Code26
section.27
(2) 'The state or any of its departments or agencies' means any department, agency,28
bureau, or commission of state government, excluding state authorities, and also29
excluding any county or municipal department, agency, bureau, commission, or authority.30
(b) There is created the Claims Advisory Board, hereinafter called the board, to be31
composed of the Secretary of State, who shall be the chairman chairperson, the32
commissioner of human services, the commissioner of corrections, and the commissioner33
of transportation. Whenever the board takes any official action authorized under the law34
or duly promulgated rules and regulations, three of the members shall constitute a quorum,35
; however, any of those individuals named above may be represented by a deputy or other36
designated employee; and any such action shall be valid if any two of the remaining three37
individuals members are present during such action. Any board member may be38
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represented by a deputy or other designated employee, and such individual's actions shall39
have the same effect as a board member's actions.40
(b)(c) The Claims Advisory Board board is assigned to the Secretary of State for41
administrative purposes only as prescribed in Code Section 50-4-3."42
SECTION 2-2.43
Said chapter is further amended in Article 4, relating to the Claims Advisory Board, by44
repealing Code Section 28-5-60.1, relating to "the state or any of its departments or agencies"45
defined, in its entirety.46
SECTION 2-3.47
Said article is further amended in Part 2, relating to claims against state or departments or48
agencies, by adding a new Code section to read as follows:49
"28-5-87.50
The provisions of this part shall not apply to a claim made pursuant to Part 4 of this article."51
SECTION 2-4.52
Said article is further amended by adding a new part to read as follows:53
"Part 454
28-5-110.55
This part shall be known and may be cited as the 'Wrongful Conviction Compensation Act.'56
28-5-111.57
(a) As used in this part, the term:58
(1) 'Exonerated' means an individual:59
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(A) Had his or her judgment of conviction reversed or vacated, or was granted a new60
trial, and had the indictment or accusation dismissed or nolle prossed;61
(B) Had his or her judgment of conviction reversed or vacated, or was granted a new62
trial and, upon retrial, acquitted; or63
(C) Received a pardon based on innocence.64
(2) 'Panel' means the Wrongful Conviction Compensation Review Panel.65
(b) The board shall have the authority to consider claims of wrongful conviction and66
recommend compensation pursuant to this part to the Chief Justice of the Supreme Court67
of Georgia.68
(c)(1) For purposes of considering claims of wrongful conviction and making69
recommendations of compensation to the board pursuant to this part, there is created the70
Wrongful Conviction Compensation Review Panel, to be formed under the board.71
(2) The panel shall consist of five members, and each member shall serve for a term of72
three years; provided, however, that the two members first appointed under73
subparagraphs (A) and (B) of this paragraph shall be appointed for an initial term of one74
year and the two members first appointed under subparagraphs (C) and (D) of this75
paragraph shall be appointed for an initial term of two years; provided, however, that any76
member appointed to a partial initial term may serve two additional successive terms or77
until his or her successor has been appointed. Any member of the panel may serve two78
successive terms or until his or her successor has been appointed. The members of the79
panel shall be:80
(A) A judge, retired judge, or retired justice who presides over felony criminal matters81
in any state court of record, appointed by the Chief Justice of the Supreme Court of82
Georgia;83
(B) A current district attorney appointed by the Governor;84
(C) A criminal defense attorney appointed by the Governor;85
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(D) An attorney, forensic science expert, or law professor, with expertise in wrongful86
convictions, appointed by the Speaker of the House of Representatives; and87
(E) An attorney, forensic science expert, or law professor, with expertise in wrongful88
convictions, appointed by the President of the Senate.89
(3) The members of the panel shall designate one of the members as the panel's90
chairperson.91
(4) The panel shall have the authority to promulgate rules and regulations to govern its92
consideration of claims brought before the panel and the recommendations by the panel93
to the board.94
28-5-112.95
(a) In order to be eligible for compensation under this part, a claimant shall establish by96
a preponderance of evidence to the panel that:97
(1) The claimant was convicted of one or more felonies and subsequently incarcerated;98
(2) The claimant proclaims his or her innocence;99
(3) The claimant did not commit or suborn perjury, fabricate evidence, or engage in100
conduct intended to bring about the conviction. A confession later found to be false, an101
admission of guilt later found to be false, or a guilty plea shall not constitute committing102
or suborning perjury, fabricating evidence, or engaging in conduct intended to bring103
about the conviction under this part; and104
(4) The claimant was exonerated of the crime for which the claim for compensation for105
wrongful conviction and incarceration is being made.106
(b) In order to receive compensation under this part, the claimant shall establish by a107
preponderance of evidence to the panel that:108
(1) The claimant received a pardon based on innocence for the conviction;109
(2) The claimant was exonerated based on grounds of innocence; or110
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(3) The claimant did not commit the crime for which the claimant was convicted and did111
not commit any lesser included offenses.112
(c) The panel, in evaluating a claim brought under this part, may, in the interest of justice,113
give due consideration to difficulties of proof caused by the passage of time, the death or114
unavailability of witnesses, the destruction of evidence, and other factors not caused by the115
claimant or those acting on his or her behalf.116
(d) The panel is authorized to determine:117
(1) Whether a claimant qualified for compensation under this part; and118
(2) The recommended amount of compensation, if any, with any such amount to be119
included in the board's transmittal provided for in subsection (b) of Code120
Section 28-5-115.121
28-5-113.122
(a) No claim for payment of compensation under this part shall be considered by the panel123
unless a notice of claim has been filed with the board within three years after the date the124
claimant's eligibility has been established as set forth in paragraph (4) of subsection (a) of125
Code Section 28-5-112 or within three years of July 1, 2023, whichever occurs later.126
(b) The panel shall provide forms to be used in filing a notice of claim and shall make127
them available for such purpose. The forms shall specify what evidence the panel will128
require in order to process a claim pursuant to subsections (a) and (b) of Code129
Section 28-5-112. Such information shall include documentation supporting a claimant's130
eligibility for compensation and showing of innocence. If a claim does not contain all131
information requested in the form, the panel shall contact the claimant to request this132
information, in writing, within 30 days of discovering the information is missing, and133
provide the claimant 60 days to supplement his or her claim.134
(c) Once the panel is in receipt of all information requested under subsection (b) of this135
Code section, and if the panel determines the claimant is eligible under subsection (a) of136
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Code Section 28-5-112 for consideration for compensation, the panel shall, within 90 days137
of receiving the notice of claim and requested information:138
(1) Conduct a hearing if it determines a hearing is necessary to make a recommendation139
under this part; or140
(2) Make a provisional judgment on the eligibility of the claimant and the recommended141
award and provide its provisional judgment to the claimant. Upon receiving notice of the142
panel's provisional judgment, the claimant shall have 14 days to request a hearing before143
the panel if the claimant wishes for further review of his or her claim. If the claimant144
requests a hearing under this paragraph, the panel shall conduct a hearing within 60 days.145
(d) In the event a hearing is to be held, the claimant, the district attorney for the circuit in146
which the conviction occurred, and the Attorney General shall be notified of the date, time,147
and place of the hearing and shall be entitled to present evidence at such hearing.148
(e) Proceedings before the panel shall be governed by rules established by the panel. A149
claimant may be represented by an attorney as he or she shall choose.150
28-5-114.151
(a) Upon determining a claimant meets the criteria of subsections (a) and (b) of Code152
Section 28-5-112, the panel shall recommend to the board that the claimant be awarded153
compensation for wrongful conviction and incarceration.154
(b) In recommending compensation pursuant to subsection (a) of this Code section, the155
panel:156
(1) May include $120,000.00 per year, but shall include no less than $60,000.00 per year,157
for each year of wrongful incarceration, provided that a prorated amount shall be158
allocated to any partial year served; and159
(2) May include the claimant's incurred reasonable attorney's fees and other expenses in160
connection with all associated criminal and habeas corpus proceedings, obtaining the161
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claimant's discharge from confinement, and filing of a claim for compensation under this162
part.163
(c) In calculating time of incarceration, the panel shall only include time for the charge for164
which the claimant is making a claim under this part consistent with the requirements of165
Code Section 17-10-11; provided, however, that a claimant shall not be entitled to166
compensation under this part for any portion of a sentence spent incarcerated during which167
the claimant was also serving a concurrent sentence of incarceration for another crime to168
which this part does not apply.169
(d)(1) Any payment of compensation may be made to or for the benefit of the claimant;170
or in the case of the death of the claimant, to or for the benefit of one or more of the heirs171
at law of the claimant, or, if the claimant chooses, up to one other person who is not an172
heir at law as designated by the claimant.173
(2) Payment of compensation shall be made in the form of cash.174
(e) In recommending compensation pursuant to subsection (a) of this Code section, the175
panel shall strive for consistency between claimants.176
(f) The dollar amounts specified in this Code section shall be adjusted annually by an177
amount calculated by multiplying such dollar amounts (as adjusted for the preceding year)178
by the annual percentage change in the consumer price index, or its successor or179
appropriate replacement index, if any, published by the United States Department of Labor180
for the preceding calendar year, commencing on July 1, 2023.181
28-5-115.182
(a) Within six months, or within a year if a hearing was held, of receiving the claimant's183
notice of claim and all information requested under subsection (b) of Code184
Section 28-5-113, the panel shall prepare a written recommendation to the board including:185
(1) A statement of its findings as to whether the claimant has met the requirements of186
subsections (a) and (b) of Code Section 28-5-112;187
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(2) A statement explaining the panel's calculation of compensable time; and188
(3) A statement detailing the amount and forms of compensation.189
(b) The board shall adopt the recommendation of the panel as its own and upon adopting190
the recommendation of the panel shall transmit the recommendation and the statement of191
the panel to the Chief Justice of the Supreme Court of Georgia within seven days of192
receiving it from the panel.193
(c) If the Chief Justice of the Supreme Court of Georgia receives the recommendation of194
the board on or before September 1, he or she shall include the compensation195
recommended by the board under this part in the amended budget for the Judicial Council196
of Georgia for the current fiscal year. If the Chief Justice of the Supreme Court of Georgia197
receives the recommendation of the board after September 1, he or she shall include the198
compensation recommended by the board under this part in the budget for the Judicial199
Council of Georgia for the next fiscal year.200
(d) Any award of compensation made pursuant to this part shall not be:201
(1) Subject to any monetary limitation of damages awarded in civil actions;202
(2) Subject to any state income taxes; provided, however, that the award of attorney's203
fees shall be subject to taxation; or204
(3) Offset by any expense incurred by this state or any political subdivision thereof205
related to the claimant's incarceration.206
(e) The General Assembly waives sovereign immunity of this state for the purpose of207
authorizing payment of claims against this state pursuant to the authority of this part.208
(f) No award of compensation pursuant to this part shall be disbursed to a claimant who209
had his or her judgment of conviction reversed or vacated, or was granted a new trial, and210
had the indictment or accusation dismissed or nolle prossed until the time period set forth211
in Code Section 17-3-3 has lapsed or the prosecutor has affirmatively declined further212
prosecution.213
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28-5-116.214
(a) If, at the time a claim is made under this part to the panel, the claimant has won a215
monetary award against the state or any political subdivision thereof in the final judgment216
of a civil action related to the wrongful conviction or has entered into a settlement217
agreement with the state or any political subdivision thereof related to the wrongful218
conviction, the amount of the award in the action or the amount received in the settlement219
agreement, less any sums paid to attorneys for costs in litigating other civil action or220
obtaining the settlement agreement, shall be deducted from the sum of money to which the221
panel shall usually recommend under this part.222
(b) If, after the time a claim is made under this part to the panel, the claimant wins a223
monetary award against the state or any political subdivision thereof in the final judgment224
of a civil action related to the wrongful conviction, the court shall deduct from such225
monetary award an amount equal to the sum of money awarded under this part as226
compensation for wrongful conviction, less any sums paid to attorneys or for costs in227
litigating other civil action or obtaining the settlement agreement."228
PART III229
SECTION 3-1.230
Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is231
amended in Chapter 5, relating to financial affairs, by adding a new article to read as follows:232
"ARTICLE 3B233
28-5-57.234
As used in this article, the term 'small business' means a business that is independently235
owned and operated, is not dominant in its field, and employs 300 or fewer employees.236
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28-5-58.237
(a) Prior to the convening of a session of the General Assembly, the Governor, the238
President of the Senate, or any member of the General Assembly may request that the239
Office of Planning and Budget and the Department of Audits and Accounts prepare a small240
business impact analysis of any bill. Following the convening of a session of the General241
Assembly, a small business impact analysis for a bill may only be requested by the242
Governor, the President of the Senate, the Speaker of the House of Representatives, or the243
chairperson of a committee to which such bill has been assigned. A small business impact244
analysis shall estimate the economic costs and benefits that such bill may have on small245
businesses in the state and shall include, if any, the estimated impacts on:246
(1) The costs of providing goods and services;247
(2) The availability and cost of workers;248
(3) Industry competition or consumer choice; and249
(4) Potential costs of compliance.250
(b) If unable to provide a complete written small business impact analysis, the Office of251
Planning and Budget and the Department of Audits and Accounts shall provide a written252
explanation of the impact in general terms and need not quantify the specific impact.253
(c) A small business impact analysis requested pursuant to subsection (a) of this Code254
section shall be prepared and submitted by the director of the Office of Planning and255
Budget and the state auditor within 30 days after receipt of the request or, if requested256
during a session of the General Assembly, within ten days after receipt of such request. A257
copy of the small business impact analysis shall be submitted to:258
(1) The Governor;259
(2) The President of the Senate;260
(3) The Speaker of the House of Representatives;261
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(4) The chairperson of the committee to which the bill that is the subject of the small262
business impact analysis is assigned in the house of the General Assembly in which the263
bill was introduced;264
(5) The sponsor of the bill that is the subject of the small business impact analysis;265
(6) The individual who requested the small business impact analysis, if such individual266
is not listed in paragraphs (1) through (5) of this subsection;267
(7) The Secretary of the Senate; and268
(8) The Clerk of the House of Representatives.269
(d)(1) If a bill that is the subject of a small business impact analysis prepared pursuant270
to subsection (a) of this Code section is amended or is proposed to be amended, the271
Office of Planning and Budget and Department of Audits and Accounts shall revise such272
small business impact analysis to account for the amended version of such bill upon the273
request of:274
(A) The Governor, the President of the Senate, or any member of the General275
Assembly, if such request is made prior to the convening of a session of the General276
Assembly; or277
(B) The Governor, the President of the Senate, the Speaker of the House of278
Representatives, or the chairperson of a committee to which such bill has been279
assigned, if such request is made after the convening of a session of the General280
Assembly.281
(2) A revised small business impact analysis requested pursuant to paragraph (1) of this282
subsection shall be prepared and submitted by the director of the Office of Planning and283
Budget and the state auditor in the same manner as the original small business impact284
analysis pursuant to subsection (c) of this Code section.285
(e)(1) The Office of Planning and Budget and the Department of Audits and Accounts286
may contract with a person or persons independent of state government to prepare any287
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small business impact analysis or revised small business impact analysis requested288
pursuant to this Code section.289
(2) When preparing a small business impact analysis or revised small business impact290
analysis requested pursuant to this Code section, the Office of Planning and Budget, the291
Department of Audits and Accounts, and any person or persons contracted with under292
paragraph (1) of this subsection may consult with other units of state government, units293
of local government, and business, industry, and community stakeholders impacted by294
or having an interest in the bill that is the subject of such small business impact analysis.295
(f) Any small business impact analysis or revised small business impact analysis prepared296
for a bill pursuant to this Code section shall be attached to the bill by the Secretary of the297
Senate or the Clerk of the House of Representatives and shall be read to the members of298
each respective house of the General Assembly at the third reading of such bill. In299
addition, a copy of each small business impact analysis or revised small business impact300
analysis prepared for a bill pursuant to this Code section shall be distributed to each301
member of the respective house of the General Assembly before which such bill is pending302
prior to any such bill being voted upon by such house of the General Assembly.303
28-5-59.304
Nothing in this article shall be construed to require any degree of formality of proof of305
compliance with any requirement of this article, and any enrolled bill shall be conclusively306
presumed to have been enacted in compliance with the requirements of this article."307
SECTION 3-2.308
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended309
in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or310
repeal of rules, emergency rules, limitation on action to contest rule, and legislative override,311
by revising subsection (a) as follows:312
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"(a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules313
or general statements of policy, the agency shall:314
(1) Give at least 30 days' notice of its intended action. The notice shall include an exact315
copy of the proposed rule and a synopsis of the proposed rule. The synopsis shall be316
distributed with and in the same manner as the proposed rule. The synopsis shall contain317
a statement of the purpose and the main features of the proposed rule, and, in the case of318
a proposed amendatory rule, the synopsis also shall indicate the differences between the319
existing rule and the proposed rule. The notice shall also include the exact date on which320
the agency shall consider the adoption of the rule and shall include the time and place in321
order that interested persons may present their views thereon. The notice shall also322
contain a citation of the authority pursuant to which the rule is proposed for adoption and,323
if the proposal is an amendment or repeal of an existing rule, the rule shall be clearly324
identified. The notice shall be mailed to all persons who have requested in writing that325
they be placed upon a mailing list which shall be maintained by the agency for advance326
notice of its rule-making proceedings and who have tendered the actual cost of such327
mailing as from time to time estimated by the agency;328
(2) Afford to all interested persons reasonable opportunity to submit data, views, or329
arguments, orally or in writing. In the case of substantive rules, opportunity for oral330
hearing must be granted if requested by 25 persons who will be directly affected by the331
proposed rule, by a governmental subdivision, or by an association having not less332
than 25 members. The agency shall consider fully all written and oral submissions333
respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so334
by an interested person either prior to adoption or within 30 days thereafter, shall issue335
a concise statement of the principal reasons for and against its adoption and incorporate336
therein its reason for overruling the consideration urged against its adoption;337
(3) In the formulation and adoption of any rule which will have an economic impact on338
businesses in the state, reduce the economic impact of the rule on small businesses which339
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are independently owned and operated, are not dominant in their field, and340
employ 100 300 employees or less fewer by implementing one or more of the following341
actions when it is legal and feasible in meeting the stated objectives of the statutes which342
are the basis of the proposed rule:343
(A) Establish differing reduced compliance or reporting requirements or and differing344
timetables for small businesses;345
(B) Clarify, consolidate, or simplify the compliance and reporting requirements under346
the rule for small businesses;347
(C) Establish performance rather than design standards for small businesses; or348
(D) Exempt small businesses from any or all requirements of the rules;349
(4) In the formulation and adoption of any rule which places administrative burdens on350
charitable organizations in this state, including, but not limited to, any rule that would351
require any new or expanded filing or reporting requirements or that would limit the352
ability of charitable organizations to solicit or collect funds, the agency or official shall:353
(A) Absent the showing of a compelling state interest, not impose any annual filing or354
reporting requirements on an organization regulated or specifically exempted from355
regulation under Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of356
1988,' that are more burdensome than the requirements authorized by applicable law,357
and any such filing or reporting requirements shall be narrowly tailored to achieve such358
compelling state interest. The requirements of this subparagraph shall not apply to the359
state's direct spending programs; and360
(B) Email the notice provided for in paragraph (1) of this subsection to each361
chairperson of any standing committee in each house as shown on the General362
Assembly's public website.363
For purposes of this paragraph, the term 'charitable organization' means a nonprofit364
charitable organization which is exempt from taxation under the provisions of365
Section 501(c)(3) of the United States Internal Revenue Code; and366
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(5) In the formulation and adoption of any rule, an agency shall choose an alternative367
that does not impose excessive regulatory costs on any regulated person or entity which368
costs could be reduced by a less expensive alternative that fully accomplishes the stated369
objectives of the statutes which are the basis of the proposed rule."370
PART IV371
SECTION 4-1.372
This Act shall become effective upon its approval by the Governor or upon its becoming law373
without such approval.374
SECTION 4-2.375
All laws and parts of laws in conflict with this Act are repealed.376
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