Herron, Robin

From: graham thompson Sent: Monday, February 1, 2021 9:59 AM To: Curry, Lauren;Brantley, Bert Subject: Two issues for discussion: app store reforms and possible extension of HTDC sales tax exemption Attachments: Switch Georgia Economic Development Report Summary.pptx; 21-01 SW_Georgia Map v2.pdf; LC364553.DRAFT.pdf

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I hope you had a great weekend. The app store reform issue will be dropped today in the State Senate and tomorrow in the State House. Please find the draft legislation focused on the IAP (in app purchasing) issue for initial debate, and possible expanded proposals to come later in the week (self-preferencing, app developers being able to directly communicate with customers, etc).

Also, Switch had a very positive meeting with Gov. Kemp and Trey pre-session. At that meeting, it was shared that CBRE recently named metro Atlanta a top 5 US market for new data center space leasing. This is tremendous news and we want to build on this success. Switch is telling me HTDC clients are signing 10-year, not 3-year lease agreements as clients look to make longer term investments and decisions for data storage. Given this trend, we would like to start a discussion with your office about possibly extending the current sunset of 2028 for the HTDC sales tax exemption on client computer equipment to 2038, and I have attached two documents for review and discussion. One shows the incredible economic impact of the Switch project (now in phase 3) and other new investments that have been the result of the 2018 adopted incentive. Additionally, we are sharing a state-by-state map detailing how states we compete with are extending sunsets (if a sunset even exists) to encourage long-term investment in individual state's data infrastructure. As you know, Virginia is our number 1 competitor.

Sorry for the long email, but I look forward to catching up this week if possible. Thanks, OGT

-- O. Graham Thompson Thompson Victory Group 1100 Peachtree Street, Suite 650 Atlanta, GA 30309

Direct: 404.668.4974 www.thompsonvictorygroup.com

5

From: Georgia Lobby Sent: Tuesday, February 2, 2021 11:54 AM To: Travis Johnson Subject: Board Watch - All - Linked - PROPOSED SENATE FIRST READERS TUESDAY, FEBRUARY 02, 2021 TENTH LEGISLATIVE DAY

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Board Watch - All - Linked - PROPOSED SENATE FIRST READERS TUESDAY, FEBRUARY 02, 2021 TENTH LEGISLATIVE DAY

Linked - PROPOSED SENATE FIRST READERS TUESDAY, FEBRUARY 02, 2021 TENTH LEGISLATIVE DAY SB59 - Education; additional QBE funding for each full-time equivalent student within a local charter school; provide By Senators Albers of the 56th, Payne of the 54th, Miller of the 49th, Gooch of the 51st, Hufstetler of the 52nd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for additional QBE funding for each full-time equivalent student within a local charter school; to provide for a maximum amount of such funding available to each local charter school; to provide for related matters; to repeal conflicting laws; to revise a definition; and for other purposes. SB60 - Georgia State Indemnification Fund; shall be paid in instances of a heart attack, stroke; public safety officer; revise By Senators Thompson of the 14th, Albers of the 56th, Mullis of the 53rd, Robertson of the 29th, Payne of the 54th and others: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the Georgia State Indemnification Fund, so as revise when indemnification shall be paid in instances of a heart attack, stroke, or vascular rupture suffered by a public safety officer resulting in certain disabilities or death; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB61 - Labor and Industrial Relations; fair employment practices; discrimination based on hairstyles associated with race, color, or national origin; prohibit By Senators Anderson of the 43rd, Davenport of the 44th, Jackson of the 41st, Merritt of the 9th, Butler of the 55th and others: A BILL to be entitled an Act to amend Code Section 8-3-201 of the Official Code of Georgia Annotated, Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, Chapter 1 of Title 34 of the Official Code of Georgia Annotated, and Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to definitions relative to fair housing, general provisions regarding education, general provisions regarding labor and industrial relations, and fair employment practices, respectively, so as to prohibit discrimination based on hairstyles associated with race, color, or national origin; to provide for definitions; to provide for a civil cause of action; to provide for related matters; to repeal conflicting laws; and for other purposes. SB62 - Elections and Primaries; name and designation of the precinct appears on every ballot; provide By Senators Tippins of the 37th, Ginn of the 47th, Miller of the 49th, Gooch of the 51st, Albers of the 56th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that the name and designation of the precinct appears on every ballot; to provide for the use of holographic security devices on ballots; to provide for the storage and retention of absentee ballots by precinct with chain of custody; to provide for the manner of handling and processing ballots requiring duplication for processing; to provide for the maintenance of certain lists of absentee voters; to provide for related matters; to repeal conflicting laws; and for other purposes. SB63 - "Fair Business Practices Act of 1975"; digital application distribution platforms with regard to application store processing services; prohibit certain actions By Senators Brass of the 28th, Kennedy of the 18th, Burns of the 23rd, Albers of the 56th, Miller of the 49th and others: A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to prohibit certain actions by digital application distribution platforms with regard to application store processing services; to provide for definitions; to provide for class actions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB64 - Holidays and Observances; holidays observed in Georgia; revise By Senators Anderson of the 43rd, Jones of the 10th, Butler of the 55th, Parent of the 42nd, Seay of the 34th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to revise the holidays observed in Georgia; to designate the Tuesday following the first Monday in November of each year as a state holiday; to provide for related matters; to repeal conflicting laws; and for other purposes. SB65 - Public Utilities and Public Transportation; funding of the deployment of certain communications services throughout this state; provide

1 By Senators Gooch of the 51st, Miller of the 49th, Cowsert of the 46th, Tillery of the 19th, Harper of the 7th and others: A BILL to be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for the funding of the deployment of certain communications services throughout this state; to change and provide for certain definitions; to change certain provisions relating to the Universal Access Fund so as to modernize such Act and to provide for a certain portion of such fund to be used for the deployment of broadband services in unserved areas; to provide for certain powers and duties of the Public Service Commission so as to fund contributions and distributions; to provide for limitations and sunset provisions; to provide for administration of the fund; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. SB66 - Georgia Foundation for Public Education; a nonprofit corporation created by the foundation to receive private donations to be used for grants to public schools; authorize By Senators Anavitarte of the 31st, Payne of the 54th, Mullis of the 53rd, Cowsert of the 46th, Strickland of the 17th and others: A BILL to be entitled an Act to amend Title 20 and Title 48 of the O.C.G.A., relating to education and revenue and taxation, respectively, so as to authorize a nonprofit corporation incorporated by the Georgia Foundation for Public Education to receive private donations to be used for grants to public schools; to provide for the expiration of the Public Education Innovation Fund Foundation's authority to promote public-private partnerships and to receive private donations to be used for grants to public schools; to provide for grant criteria; to provide for the dissolution of the Public Education Innovation Fund Foundation; to revise definitions; to provide for an income tax credit for qualified education donations; to provide for related matters; to repeal conflicting laws; and for other purposes. SB67 - Elections and Primaries; submission of identification in connection with absentee ballot applications; provide By Senators Walker III of the 20th, Miller of the 49th, Mullis of the 53rd, Kennedy of the 18th, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the submission of identification in connection with absentee ballot applications; to provide for the submission of photocopies of voter identification documents for absentee ballot applications; to provide for requesting of absentee ballot applications through a web portal; to provide for related matters; to repeal conflicting laws; and for other purposes. SB68 - Elections and Primaries; manner of delivery of voted absentee ballots; revise By Senators Mullis of the 53rd, Miller of the 49th, Gooch of the 51st, Walker III of the 20th, Albers of the 56th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to revise the manner of delivery of voted absentee ballots; to provide for related matters; to repeal conflicting laws; and for other purposes. SB69 - Primaries and Elections; persons desiring to register to vote or update their voter registration through and application for a driver's license; indicate such desire on such application; provide By Senators Mullis of the 53rd, Miller of the 49th, Gooch of the 51st, Walker III of the 20th, Hickman of the 4th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that persons desiring to register to vote or update their voter registration through an application for a driver's license or identification card shall be required to affirmatively indicate such desire on such application; to provide for related matters; to repeal conflicting laws; and for other purposes. SB70 - Elections and Primaries; a person who votes in a general election for office of US Representative or US Senate in another state; ineligible to vote in a runoff for any such offices in this state in the same election cycle; provide By Senators Mullis of the 53rd, Miller of the 49th, Gooch of the 51st, Walker III of the 20th, Albers of the 56th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that a person who votes in a general election for the office of United States Representative or United States Senator in another state and subsequently moves to this state shall be ineligible to vote in a runoff for any such offices in this state in the same election cycle; to provide for related matters; to repeal conflicting laws; and for other purposes. SB71 - Elections and Primaries; the definition of "absentee elector"; revise; reasons for voting by absentee ballot; provide By Senators Mullis of the 53rd, Miller of the 49th, Hickman of the 4th, McNeill of the 3rd, Beach of the 21st and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to revise the definition of "absentee elector"; to provide for reasons for voting by absentee ballot; to provide for certain exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB72 - Elections and Primaries; county registrars shall obtain monthly from the coroner, judge of the probate court, and funeral homes in the county identifying information about persons who died in the county during the previous month; provide By Senators Mullis of the 53rd, Miller of the 49th, Gooch of the 51st, Albers of the 56th, Hickman of the 4th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that county registrars shall obtain monthly from the coroner, judge of the probate court, and funeral homes in the county identifying information about persons who died in the county during the previous month; to provide for related matters; to repeal conflicting laws; and for other purposes. SB73 - Elections and Primaries; absentee ballot applications to certain election officials and candidates; limit the distribution By Senators Mullis of the 53rd, Miller of the 49th, Gooch of the 51st, Walker III of the 20th, Albers of the 56th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to limit the distribution of absentee ballot applications to certain election officials and candidates; to provide for certain disclosures; to provide for related matters; to repeal conflicting laws; and for other purposes. SB74 - Elections and Primaries; ability of poll watchers at tabulating centers to observe the vote counting process; revise By Senators Mullis of the 53rd, Miller of the 49th, Gooch of the 51st, Walker III of the 20th, Albers of the 56th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to revise the ability of poll watchers at tabulating centers to observe the vote counting process; to provide for related matters; to repeal conflicting laws; and for other purposes. SR47 - Firefighters Recognition Day; recognize February 2, 2021 By Senators Albers of the 56th, Mullis of the 53rd, Gooch of the 51st, Harper of the 7th and Robertson of the 29th: A RESOLUTION honoring and commending the firefighters of Georgia and recognizing February 2, 2021, as Firefighters Recognition Day at the state capitol; and for other purposes. SR48 - The Serving Spoon; recognize By Senator Harbison of the 15th:

2 A RESOLUTION recognizing and commending The Serving Spoon; and for other purposes. SR49 - US Representative for Georgia's 14th Congressional District, Marjorie Taylor Greene; to resign from the 117th Congress; urge By Senators Butler of the 55th, Parent of the 42nd, Orrock of the 36th, Jordan of the 6th, Jones II of the 22nd and others: A RESOLUTION urging the United States representative for Georgia's 14th Congressional District, Marjorie Taylor Greene, to resign from the 117th Congress; and for other purposes. SR50 - Together Georgia; recognize By Senators Walker III of the 20th, Kirkpatrick of the 32nd, Kennedy of the 18th, Brass of the 28th, Miller of the 49th and others: A RESOLUTION recognizing Together Georgia; and for other purposes. SR51 - McMichael, Tom; recognize By Senators Walker III of the 20th, Kennedy of the 18th, Lucas of the 26th, Gooch of the 51st, Hufstetler of the 52nd and others: A RESOLUTION recognizing and commending Tom McMichael upon the grand occasion of his retirement; and for other purposes. SR52 - Thomson, Larry; recognize By Senators Walker III of the 20th, Kennedy of the 18th, Lucas of the 26th, Gooch of the 51st, Hufstetler of the 52nd and others: A RESOLUTION recognizing and commending Larry Thomson upon the grand occasion of his retirement; and for other purposes.

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3 From: Georgia Lobby Sent: Monday, February 1, 2021 5:32 PM To: Travis Johnson Subject: Board Watch - All - PROPOSED SENATE FIRST READERS TUESDAY, FEBRUARY 02, 2021 TENTH LEGISLATIVE DAY

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Board Watch - All - PROPOSED SENATE FIRST READERS TUESDAY, FEBRUARY 02, 2021 TENTH LEGISLATIVE DAY

PROPOSED SENATE FIRST READERS TUESDAY, FEBRUARY 02, 2021 TENTH LEGISLATIVE DAY

*** will send linked when available

SB 59 By Senators Albers of the 56th, Payne of the 54th, Miller of the 49th, Gooch of the 51st, Hufstetler of the 52nd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for additional QBE funding for each full-time equivalent student within a local charter school; to provide for a maximum amount of such funding available to each local charter school; to provide for related matters; to repeal conflicting laws; to revise a definition; and for other purposes. SB 60 By Senators Thompson of the 14th, Albers of the 56th, Mullis of the 53rd, Robertson of the 29th, Payne of the 54th and others: A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the Georgia State Indemnification Fund, so as revise when indemnification shall be paid in instances of a heart attack, stroke, or vascular rupture suffered by a public safety officer resulting in certain disabilities or death; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 61 By Senators Anderson of the 43rd, Davenport of the 44th, Jackson of the 41st, Merritt of the 9th, Butler of the 55th and others: A BILL to be entitled an Act to amend Code Section 8-3-201 of the Official Code of Georgia Annotated, Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, Chapter 1 of Title 34 of the Official Code of Georgia Annotated, and Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to definitions relative to fair housing, general provisions regarding education, general provisions regarding labor and industrial relations, and fair employment practices, respectively, so as to prohibit discrimination based on hairstyles associated with race, color, or national origin; to provide for definitions; to provide for a civil cause of action; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 62 By Senators Tippins of the 37th, Ginn of the 47th, Miller of the 49th, Gooch of the 51st, Albers of the 56th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that the name and designation of the precinct appears on every ballot; to provide for the use of holographic security devices on ballots; to provide for the storage and retention of absentee ballots by precinct with chain of custody; to provide for the manner of handling and processing ballots requiring duplication for processing; to provide for the maintenance of certain lists of absentee voters; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 63 By Senators Brass of the 28th, Kennedy of the 18th, Burns of the 23rd, Albers of the 56th, Miller of the 49th and others: A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to prohibit certain actions by digital application distribution platforms with regard to application store processing services; to provide for definitions; to provide for class actions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 64 By Senators Anderson of the 43rd, Jones of the 10th, Butler of the 55th, Parent of the 42nd, Seay of the 34th and others:

1 A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to revise the holidays observed in Georgia; to designate the Tuesday following the first Monday in November of each year as a state holiday; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 65 By Senators Gooch of the 51st, Miller of the 49th, Cowsert of the 46th, Tillery of the 19th, Harper of the 7th and others: A BILL to be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for the funding of the deployment of certain communications services throughout this state; to change and provide for certain definitions; to change certain provisions relating to the Universal Access Fund so as to modernize such Act and to provide for a certain portion of such fund to be used for the deployment of broadband services in unserved areas; to provide for certain powers and duties of the Public Service Commission so as to fund contributions and distributions; to provide for limitations and sunset provisions; to provide for administration of the fund; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. SB 66 By Senators Anavitarte of the 31st, Payne of the 54th, Mullis of the 53rd, Cowsert of the 46th, Strickland of the 17th and others: A BILL to be entitled an Act to amend Title 20 and Title 48 of the O.C.G.A., relating to education and revenue and taxation, respectively, so as to authorize a nonprofit corporation incorporated by the Georgia Foundation for Public Education to receive private donations to be used for grants to public schools; to provide for the expiration of the Public Education Innovation Fund Foundation's authority to promote public-private partnerships and to receive private donations to be used for grants to public schools; to provide for grant criteria; to provide for the dissolution of the Public Education Innovation Fund Foundation; to revise definitions; to provide for an income tax credit for qualified education donations; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 67 By Senators Walker III of the 20th, Miller of the 49th, Mullis of the 53rd, Kennedy of the 18th, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the submission of identification in connection with absentee ballot applications; to provide for the submission of photocopies of voter identification documents for absentee ballot applications; to provide for requesting of absentee ballot applications through a web portal; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 68 By Senators Mullis of the 53rd, Miller of the 49th, Gooch of the 51st, Walker III of the 20th, Albers of the 56th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to revise the manner of delivery of voted absentee ballots; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 69 By Senators Mullis of the 53rd, Miller of the 49th, Gooch of the 51st, Walker III of the 20th, Hickman of the 4th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that persons desiring to register to vote or update their voter registration through an application for a driver's license or identification card shall be required to affirmatively indicate such desire on such application; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 70 By Senators Mullis of the 53rd, Miller of the 49th, Gooch of the 51st, Walker III of the 20th, Albers of the 56th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that a person who votes in a general election for the office of United States Representative or United States Senator in another state and subsequently moves to this state shall be ineligible to vote in a runoff for any such offices in this state in the same election cycle; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 71 By Senators Mullis of the 53rd, Miller of the 49th, Hickman of the 4th, McNeill of the 3rd, Beach of the 21st and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to revise the definition of "absentee elector"; to provide for reasons for voting by absentee ballot; to provide for certain exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 72 By Senators Mullis of the 53rd, Miller of the 49th, Gooch of the 51st, Albers of the 56th, Hickman of the 4th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that county registrars shall obtain monthly from the coroner, judge of the probate court, and funeral homes in the county identifying information about persons who died in the county during the previous month; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 73 By Senators Mullis of the 53rd, Miller of the 49th, Gooch of the 51st, Walker III of the 20th, Albers of the 56th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to limit the distribution of absentee ballot applications to certain election officials and candidates; to provide for certain disclosures; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 74 By Senators Mullis of the 53rd, Miller of the 49th, Gooch of the 51st, Walker III of the 20th, Albers of the 56th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to revise the ability of poll watchers at tabulating centers to observe the vote counting process; to provide for related matters; to repeal conflicting laws; and for other purposes. SR 47 By Senators Albers of the 56th, Mullis of the 53rd, Gooch of the 51st, Harper of the 7th and Robertson of the 29th: A RESOLUTION honoring and commending the firefighters of Georgia and recognizing February 2, 2021, as Firefighters Recognition Day at the state capitol; and for other purposes. SR 48 By Senator Harbison of the 15th:

2 A RESOLUTION recognizing and commending The Serving Spoon; and for other purposes. SR 49 By Senators Butler of the 55th, Parent of the 42nd, Orrock of the 36th, Jordan of the 6th, Jones II of the 22nd and others: A RESOLUTION urging the United States representative for Georgia's 14th Congressional District, Marjorie Taylor Greene, to resign from the 117th Congress; and for other purposes. SR 50 By Senators Walker III of the 20th, Kirkpatrick of the 32nd, Kennedy of the 18th, Brass of the 28th, Miller of the 49th and others: A RESOLUTION recognizing Together Georgia; and for other purposes. SR 51 By Senators Walker III of the 20th, Kennedy of the 18th, Lucas of the 26th, Gooch of the 51st, Hufstetler of the 52nd and others: A RESOLUTION recognizing and commending Tom McMichael upon the grand occasion of his retirement; and for other purposes. SR 52 By Senators Walker III of the 20th, Kennedy of the 18th, Lucas of the 26th, Gooch of the 51st, Hufstetler of the 52nd and others: A RESOLUTION recognizing and commending Larry Thomson upon the grand occasion of his retirement; and for other purposes.

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3 From: Georgia Lobby Sent: Tuesday, February 2, 2021 2:15 PM To: Travis Johnson Subject: Board Watch - All - FIRST READERS IN HOUSE TUESDAY, FEBRUARY 02, 2021 TENTH LEGISLATIVE DAY

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Board Watch - All - FIRST READERS IN HOUSE TUESDAY, FEBRUARY 02, 2021 TENTH LEGISLATIVE DAY

FIRST READERS IN HOUSE TUESDAY, FEBRUARY 02, 2021 TENTH LEGISLATIVE DAY HB211 - Arabi, Town of; provide new charter By Representative Williams of the 148th: A BILL to be entitled an Act to provide a new charter for the Town of Arabi; to provide for incorporation, corporate boundaries, powers, and construction; to provide for pending matters; to provide for construction; to provide for severability; to provide for other matters relative to the foregoing; to provide for a specific repealer; to repeal conflicting laws; and for other purposes. Referred to the Committee on INTRAGOVERNMENTAL COORDINATION - LOCAL HB212 - Health; order not to resuscitate; revise parental requirement for consent By Representatives Carpenter of the 4th, Collins of the 68th, Efstration of the 104th, Gambill of the 15th, and Carson of the 46th: A BILL to be entitled an Act to amend Code Section 31-39-4 of the Official Code of Georgia Annotated, relating to persons authorized to issue order not to resuscitate, so as to revise parental requirement for consent; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on JUDICIARY HB213 - Controlled substances; full practice authority for advance practice registered nurses; provide By Representatives Robichaux of the 48th, Bazemore of the 63rd, Schofield of the 60th, Jackson of the 64th, and Hopson of the 153rd: A BILL to be entitled an Act to amend Code Section 16-13-21, Part 3 of Article 16 of Chapter 2 of Title 20, Article 6 of Chapter 4 of Title 26, Title 31, Article 1 of Chapter 26 of Title 43, and Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to definitions relative to controlled substances; health of students; pharmacies; health; registered professional nurses; and physicians, acupuncture, physician assistants, and others, respectively, so as to provide full practice authority for advanced practice registered nurses; to authorize the Georgia Board of Nursing to enact rules and regulations; to provide for definitions; to provide for applicability; to provide for statutory construction under the Medical Practice Act; to repeal a provision on delegation of certain medical acts to advanced practice registered nurses by physicians; to provide for conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on HEALTH & HUMAN SERVICES HB214 - Social services; individuals to buy-in to Medicaid coverage; allow By Representatives Robichaux of the 48th, Bazemore of the 63rd, Kausche of the 50th, Schofield of the 60th, and Hopson of the 153rd: A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to allow individuals to buy-in to Medicaid coverage; to provide for definitions; to provide for the establishment of the Medicaid Buy-In Program; to provide for the design and administration of the program; to provide for the establishment of premiums; to provide for rules and regulations; to provide for submission of a federal waiver if necessary; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on HEALTH & HUMAN SERVICES HB215 - Social services; use of telehealth options in the Medicaid program; expand By Representatives Robichaux of the 48th, Schofield of the 60th, Jackson of the 64th, Bazemore of the 63rd, Hopson of the 153rd, and others: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to expand the use of telehealth options in the Medicaid program; to extend the temporary use of telehealth options during the pandemic emergency to a permanent status; to provide for certification and training of providers of medical assistance via telehealth options; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on HEALTH & HUMAN SERVICES HB216 - Domestic relations; equitable caregivers; provide By Representative Efstration of the 104th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions regarding parent and child relationship generally, so as to provide for equitable caregivers; to provide for standing and adjudication; to provide for a statutory form; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on JUVENILE JUSTICE

1 HB217 - Community Health, Department of; annual quality and payment reporting for health care plans and programs administered; provide By Representatives Robichaux of the 48th, Bazemore of the 63rd, Lewis-Ward of the 109th, Schofield of the 60th, Jackson of the 64th, and others: A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to provide for annual quality and payment reporting for health care plans and programs administered by the department; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to include comprehensive dental and vision coverage under Medicaid for adults; to increase Medicaid reimbursement rates for primary care services; to provide for the submission of a state plan amendment or waiver, if necessary; to provide for related matters; to provide for contingent effectiveness; to repeal conflicting laws; and for other purposes. Referred to the Committee on HEALTH & HUMAN SERVICES HB218 - Crimes and offenses; weapons carry license reciprocity in this state; expand By Representatives Ballinger of the 23rd, Powell of the 32nd, Jasperse of the 11th, Pirkle of the 155th, and Taylor of the 173rd: A BILL to be entitled an Act to amend Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to having or carrying handguns, long guns, or other weapons, license requirement, and exceptions for homes, motor vehicles, private property, and other locations and conditions, so as to expand weapons carry license reciprocity in this state; to provide that persons who are not residents of this state shall be authorized to carry a weapon in this state if licensed to carry in any other state; to provide that the Attorney General shall enter into an agreement with any state that requires an agreement to recognize and give effect to weapons carry licenses for reciprocity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on PUBLIC SAFETY & HOMELAND SECURITY HB219 - General Assembly; pilot program to evaluate whether health notes to assess the potential health impact by proposed legislation should be required by the General Assembly; provide By Representatives Robichaux of the 48th, Jackson of the 64th, Schofield of the 60th, Bazemore of the 63rd, Kendrick of the 93rd, and others: A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions applicable to the General Assembly, so as to provide for a pilot program to evaluate whether health notes to assess the potential health impact by proposed legislation should be required by the General Assembly; to provide for a definition; to provide for recommendations; to provide for automatic repeal; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on HEALTH & HUMAN SERVICES HB220 - Stone Mountain Memorial Association; composition of the association; change By Representatives Benton of the 31st, Tarvin of the 2nd, Ridley of the 6th, and Mathis of the 144th: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Association, so as to change the composition of the association; to provide for appointments and terms of office; to provide for a quorum; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on RULES HB221 - Local government; zoning procedures; provide for local boards of education to appoint members to local planning commissions By Representative Benton of the 31st: A BILL to be entitled an Act to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to provide for local boards of education to appoint members to local planning commissions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on GOVERNMENTAL AFFAIRS HB222 - Pendergrass, Town of; transfer of duties and obligations to Jackson County; provide By Representative Benton of the 31st: A BILL to be entitled an Act to repeal an Act creating a new charter for the Town of Pendergrass, approved December 30, 1890 (Ga. L. 1890-91, Vol. II, p. 681), as amended; to provide for transfer of duties and obligations to Jackson County; to provide for transfer of all legal rights, privileges, and assets to Jackson County; to establish a special tax and service district for outstanding bonded indebtedness and other obligations; to provide for transfer of all federal and state permits and licenses; to provide for the transfer of ongoing judicial actions; to provide for the continuation of zoning and land use regulations; to provide for future proceeds of special and regular local option sales taxes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on INTRAGOVERNMENTAL COORDINATION - LOCAL HB223 - Jackson County; authority of the board of elections and registration to act in certain situations; provide By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Jackson County, approved April 20, 2011 (Ga. L. 2011, p. 3673), as amended, particularly by an Act approved April 30, 2019 (Ga. L. 2019, p. 3682), so as to provide for the authority of the board of elections and registration to act in certain situations; to provide for the terms of members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on INTRAGOVERNMENTAL COORDINATION - LOCAL HB224 - Insurance; raising private passenger motor vehicle insurance rates more often than once every calendar year; prohibit insurers By Representatives Bazemore of the 63rd, Hopson of the 153rd, Mitchell of the 88th, Bennett of the 94th, Boddie of the 62nd, and others: A BILL to be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rates, underwriting rules, and related organizations, so as to prohibit insurers from raising private passenger motor vehicle insurance rates more often than once every calendar year; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on INSURANCE HB225 - Wrens, City of; provide new charter By Representative Prince of the 127th: A BILL to be entitled an Act to provide a new charter for the City of Wrens; to provide for incorporation, boundaries, and powers of the city; to provide for pending matters; to provide for definitions and construction; to provide for severability; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Referred to the Committee on INTRAGOVERNMENTAL COORDINATION - LOCAL

2 HB226 - Sales and use tax; certain sales of tickets, fees, or charges for admission to fine arts performances or exhibitions; exempt By Representatives Kennard of the 102nd, Efstration of the 104th, Frye of the 118th, Rich of the 97th, Stephens of the 164th, and others: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to exempt certain sales of tickets, fees, or charges for admission to fine arts performances or exhibitions from taxation; to provide for a definition; to provide for related matters; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on WAYS & MEANS HB227 - Elections; submission of identification in connection with absentee ballot applications; provide By Representatives Hawkins of the 27th, Dunahoo of the 30th, Barr of the 103rd, and Dubnik of the 29th: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the submission of identification in connection with absentee ballot applications; to provide for the submission of photocopies of voter identification documents for absentee ballot applications; to provide for requesting of absentee ballot applications through a web portal; to provide for disclaimers on certain publications distributed by nongovernmental entities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on SPECIAL COMMITTEE ON ELECTION INTEGRITY HB228 - Elections; certain driver's licenses and identification cards shall not be proper identification for presentation to a poll worker; provide By Representatives Byrd of the 20th, Powell of the 32nd, Kelley of the 16th, Williamson of the 115th, Gravley of the 67th, and others: A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to presentation of identification to poll workers, form of proper identification, swearing of statement when unable to produce proper identification, provisional ballots for those, and penalty for false statement under oath, so as to provide that certain driver's licenses and identification cards shall not be proper identification for presentation to a poll worker; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to require the term "BEARER NOT A U.S. CITIZEN -- NOT VOTER ID" to be included on certain licenses, permits, and identification cards; to require the Department of Driver Services to participate in the Records and Information from DMVs for E-Verify (RIDE) program of the United States Department of Homeland Security; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on SPECIAL COMMITTEE ON ELECTION INTEGRITY HB229 - Fair Business Practices Act of 1975; certain actions by digital application distribution platforms with regard to application store processing services; prohibit By Representatives Carpenter of the 4th, Kelley of the 16th, Jones of the 25th, Gaines of the 117th, and Kendrick of the 93rd: A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to prohibit certain actions by digital application distribution platforms with regard to application store processing services; to provide for definitions; to provide for class actions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on JUDICIARY HB230 - Housing; discrimination based on hairstyles associated with race, color, or national origin; prohibit By Representatives Schofield of the 60th, Clark of the 108th, Beverly of the 143rd, Hugley of the 136th, Hopson of the 153rd, and others: A BILL to be entitled an Act to amend Code Section 8-3-201 of the Official Code of Georgia Annotated, Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, Chapter 1 of Title 34 of the Official Code of Georgia Annotated, and Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to definitions relative to fair housing, general provisions regarding education, general provisions regarding labor and industrial relations, and fair employment practices, respectively, so as to prohibit discrimination based on hairstyles associated with race, color, or national origin; to provide for definitions; to provide for a civil cause of action; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on JUDICIARY HB231 - Crimes and offenses; victims of stalking; expand applicability of protective orders By Representatives Gaines of the 117th, Ballinger of the 23rd, Nguyen of the 89th, Wiedower of the 119th, Frye of the 118th, and others: A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 and Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to stalking and granting of relief by superior courts, respectively, so as to expand the applicability of protective orders involving victims of stalking; to revise the definition of family violence to include certain acts between persons through whom a past or present pregnancy has developed or persons in a past or present dating relationship for the granting of protective orders and other relief; to provide for definitions; to require the court to make certain findings prior to granting protective orders alleging dating relationships; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on JUDICIARY NON-CIVIL HB232 - Criminal procedure; indictment or special presentment of a peace officer for a crime committed in the performance of his or her duties and the right to testify before a grand jury; repeal procedure By Representatives Jackson of the 64th, Evans of the 57th, Wilson of the 80th, Shannon of the 84th, Taylor of the 91st, and others: A BILL to be entitled an Act to amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, so as to repeal the procedure for indictment or special presentment of a peace officer for a crime committed in the performance of his or her duties and the right to testify before a grand jury; to provide for conforming changes; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for conforming changes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on JUDICIARY NON-CIVIL HB233 - Criminal procedure; prohibit use of no-knock search warrants By Representatives Beverly of the 143rd, Boddie of the 62nd, Smyre of the 135th, Schofield of the 60th, Mainor of the 56th, and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to prohibit the use of no-knock search warrants; to provide for definitions; to change provisions relating to the issuance of search warrants; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on JUDICIARY NON-CIVIL HB234 - Self-funded Healthcare Plan Opt-in to the Surprise Billing Consumer Protection Act; enact By Representatives Hawkins of the 27th, Lott of the 122nd, Smyre of the 135th, Gunter of the 8th, Newton of the 123rd, and others:

3 A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide an option for self- funded healthcare plans, exempt from state regulation under federal law, to opt in to Georgia's Surprise Billing Consumer Protection Act; to provide for definitions; to provide for a short title; to provide for legislative findings; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on SPECIAL COMMITTEE ON ACCESS TO QUALITY HEALTH CARE HB235 - Revenue and taxation; incorporate certain provisions of federal law into Georgia law related to temporary bonus depreciation for certain business assets By Representatives Wade of the 9th, Lim of the 99th, Gambill of the 15th, Wiedower of the 119th, and McDonald of the 26th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law related to temporary bonus depreciation for certain business assets; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on WAYS & MEANS HB236 - Domestic relations; additional monitoring of victim after granting of a temporary protective order; provide By Representatives Neal of the 74th, Tankersley of the 160th, Hugley of the 136th, Douglas of the 78th, Taylor of the 173rd, and others: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief by superior courts, so as to provide for additional monitoring of the victim after the granting of a temporary protective order; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on JUDICIARY NON-CIVIL HB237 - State government; prohibit display of monuments or memorabilia related to the Confederate States of America except for museums and Civil War battlefields By Representatives Hutchinson of the 107th, Mitchell of the 88th, Scott of the 76th, Schofield of the 60th, Kennard of the 102nd, and others: A BILL to be entitled an Act to amend Chapter 3 of Title 50 of the O.C.G.A., relating to the state flag, seal, and other symbols, so as to prohibit the display of monuments, memorials, plaques, markers, or memorabilia related to the Confederate States of America, slave owners, or persons advocating for slavery on public property except for museums and Civil War battlefields; to amend Chapter 4 of Title 1 of the O.C.G.A., relating to holidays and observances so as to remove provisions related to Confederate History and Heritage Month; to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the O.C.G.A., relating to the Stone Mountain Memorial Association, so as to remove reference to the confederate memorial; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on RULES HB238 - State government; protection of government statues, monuments, plaques, banners, and other commemorative symbols; revise provisions By Representatives Hutchinson of the 107th, Mitchell of the 88th, Scott of the 76th, Schofield of the 60th, Kennard of the 102nd, and others: A BILL to be entitled an Act to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flag, seal, and other symbols, so as to revise provisions for the protection of government statues, monuments, plaques, banners, and other commemorative symbols; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on RULES HB239 - Mental health; Department of Behavioral Health conduct or coordinate all audits of behavioral health providers; provide By Representatives Hutchinson of the 107th, Allen of the 40th, Schofield of the 60th, Beverly of the 143rd, Mitchell of the 106th, and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions relating to the governing and regulation of mental health, so as to provide that the Department of Behavioral Health and Developmental Disabilities conduct or coordinate all audits of behavioral health providers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on HEALTH & HUMAN SERVICES HB240 - State holidays; February 21 as John Lewis Day; designate By Representatives Hutchinson of the 107th, Williams of the 168th, Smyre of the 135th, Beverly of the 143rd, Scott of the 76th, and others: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate February 21 as "John Lewis Day"; to provide legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on GOVERNMENTAL AFFAIRS HB241 - Insurance; revise meaning of property insurance; change parameters under which certain contracts or agreements may be canceled By Representatives Gambill of the 15th, Lumsden of the 12th, Williams of the 148th, Gaines of the 117th, and Smith of the 133rd: A BILL to be entitled an Act to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, contract requirements, rules and regulations, and exemptions, so as to revise the meaning of property insurance; to change the parameters under which certain contracts, agreements, or instruments may be canceled; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on INSURANCE SENATE FIRST READERS IN HOUSE TUESDAY, FEBRUARY 02, 2021 TENTH LEGISLATIVE DAY SB6 - "Tax Credit Return on Investment Act of 2021"; enact By Senators Albers of the 56th, Hufstetler of the 52nd, Mullis of the 53rd, Gooch of the 51st, Strickland of the 17th, and others: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal bills generally, so as to provide for independent economic analyses to be procured by the Office of Planning and Budget for certain tax benefits upon request by the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee; to provide a short title; to provide for limits; to provide for summaries to be attached to related fiscal notes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on WAYS & MEANS SB9 - Courts; the Columbia Judicial Circuit and to be composed of Columbia County; create a new judicial circuit for the State of Georgia By Senators Anderson of the 24th, Burns of the 23rd, Strickland of the 17th, Miller of the 49th, Mullis of the 53rd, and others:

4 A BILL to be entitled an Act to create a new judicial circuit for the State of Georgia, to be known as the Columbia Judicial Circuit and to be composed of Columbia County; to provide for the transfer of certain funds from the Augusta Judicial Circuit to the Columbia Judicial Circuit; to provide for and allocate circuit-wide costs and expenditures; to conform the county salary supplements for the judges of the Augusta Judicial Circuit; to amend Article 1 of Chapter 6 of Title 15 of the O.C.G.A., relating to general provisions regarding the superior courts, so as to revise the composition and terms of court of the Augusta Judicial Circuit; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on JUDICIARY

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5 From: Tyler Stephens Sent: Thursday, February 4, 2021 1:33 PM To: Travis Johnson Subject: Re: FYI

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Points from our legal team below. I’ll be in touch

- GA SB 63 seeks to engage the State in a current legal and regulatory dispute between multiple companies. As proposed, the bills would place the state in the position of intervening in the marketplace to advantage to one group of companies and specific technologies to the detriment of others, forcing commercial activity between parties, and preventing private parties from engaging in fair in open competition. The bill is broadly and poorly drafted and is a substantial overreach of state legal authority.

- Senate Bill 63 would likely be challenged under the Contract Clause of the U.S. Constitution on the grounds that it substantially impairs Apple’s rights under developer contracts Apple has entered into with Georgia developers. (Georgia is home to more than 45,000 App eco-system jobs (https://www.apple.com/job-creation/))

- Senate Bill 63 can be challenged under the dormant Commerce Clause as it has the effect of regulating interstate commerce. A state statute that discriminates against interstate commerce in favor of in-state commerce in is a violation. Similarly, a statute that exerts extraterritorial control over “commerce that takes place wholly outside of the State’s borders, whether or not the commerce has effects within the State” is often found invalid.

- Senate Bill No. 2333 can be challenged under the Equal protection clause on the grounds that it does not promote a legitimate state purpose and instead reflects a naked attempt to protect the economic interest of certain proprietors of digital app distribution platforms to the detriment of others.

- In addition, the bill presents substantive legal conflicts related to IP protection.

1

From: Travis Johnson Date: Thursday, February 4, 2021 at 11:11 AM To: Tyler Stephens Subject: RE: FYI

This did pop up the other day internally but was not familiar with what it does. Thanks for the heads up and feel free to share any information you able to!

Travis Johnson Chief of Staff Office of the Attorney General Chris Carr Executive Office Tel: (404) 458-3221 [email protected] Georgia Department of Law 40 Capitol Square SW Atlanta, Georgia, 30334

From: Tyler Stephens [mailto:[email protected]] Sent: Thursday, February 4, 2021 9:58 AM To: Travis Johnson Subject: FYI

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Travis,

Hope all is well.

FYI – We (Apple) are obviously opposed to the legislation below, which is being pushed by our competitors. We think there are some concerns about the constitutionality and will send some legal analysis as soon as I have it. Not sure if you hearing from our folks down there, but pls let me know if you guys have any questions/need anything etc.

https://www.legis.ga.gov/legislation/59209

Tyler Stephens Fierce Government Relations (202)-368-3484

2 From: Moghimi, Madeleine Sent: Thursday, February 4, 2021 3:54 PM To: Moghimi, Madeleine Subject: Gunter Judiciary Subcommittee Meeting Notice Attachments: Gunter Subcommittee Meeting Notice 2-8-21.pdf

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M E M O R A N D U M February 4, 2021

TO: Members, Judiciary Gunter Subcommittee

Vice-Chairman Rep. Rep. Rep. Rep. Rep. Rep. Rep. Matthew Wilson

Ex Officio: Rep. James Burchett Rep.

FROM: Representative , Chairman

RE: MEETING NOTICE / AGENDA

The Gunter Subcommittee of the House Judiciary Committee will meet on Monday, February 8th at 9:30AM in 132 CAP Committee Room.

If you wish to testify on any bill listed, please notify Madeleine Moghimi by email at [email protected] or phone at (404) 656-5125 no later than 4 PM on Friday, February 5th. Please provide your name, email, identify the bill you wish testify for, and the organization you are representing (if applicable).

AGENDA

HB 109 LC 28 9964 (Representatives Clark of the 147th, Oliver of the 82nd, Anulewicz of the 42nd, Cantrell of the 22nd, Mathis of the 144th, and others) Child Victim Protection Act of 2021; enact

1

HB 229 LC 36 4558 (Representatives Carpenter of the 4th, Kelley of the 16th, Jones of the 25th, Gaines of the 117th, and Kendrick of the 93rd) Fair Business Practices Act of 1975; certain actions by digital application distribution platforms with regard to application store processing services; prohibit

HB 263 LC 43 1731 (Representatives Scoggins of the 14th, Gambill of the 15th, Gullett of the 19th, Williams of the 145th, and Campbell of the 171st) Retirement; benefits for judges of probate courts; revise method through which certain actuarial equivalents are determined

The Chairman reserves the right to change agenda at his discretion

cc: Clerk’s Office Speaker’s Office Legislative Counsel Policy Analyst

MADELEINE MOGHIMI | ADMINISTRATIVE ASSISTANT GEORGIA HOUSE OF REPRESENTATIVES

132 State Capitol | Atlanta, GA 30334 404.656.5125

EMAIL: [email protected]

REPRESENTATIVE CHUCK EFSTRATION , DIST 104 Chairman, Judiciary

2 M E M O R A N D U M February 4, 2021

TO: Members, Judiciary Gunter Subcommittee

Vice-Chairman Mitchell Scoggins Rep. Stacey Evans Rep. Scott Holcomb Rep. Trey Kelley Rep. Rob Leverett Rep. Mary Margaret Oliver Rep. Bert Reeves Rep. Matthew Wilson

Ex Officio: Rep. James Burchett Rep. Chuck Efstration

FROM: Representative Stan Gunter, Chairman

RE: MEETING NOTICE / AGENDA

The Gunter Subcommittee of the House Judiciary Committee will meet on Monday, February 8th at 9:30AM in 132 CAP Committee Room.

If you wish to testify on any bill listed, please notify Madeleine Moghimi by email at [email protected] or phone at (404) 656-5125 no later than 4 PM on Friday, February 5th. Please provide your name, email, identify the bill you wish testify for, and the organization you are representing (if applicable).

AGENDA

HB 109 LC 28 9964 (Representatives Clark of the 147th, Oliver of the 82nd, Anulewicz of the 42nd, Cantrell of the 22nd, Mathis of the 144th, and others) Child Victim Protection Act of 2021; enact

HB 229 LC 36 4558 (Representatives Carpenter of the 4th, Kelley of the 16th, Jones of the 25th, Gaines of the 117th, and Kendrick of the 93rd) Fair Business Practices Act of 1975; certain actions by digital application distribution platforms with regard to application store processing services; prohibit

HB 263 LC 43 1731 (Representatives Scoggins of the 14th, Gambill of the 15th, Gullett of the 19th, Williams of the 145th, and Campbell of the 171st) Retirement; benefits for judges of probate courts; revise method through which certain actuarial equivalents are determined

The Chairman reserves the right to change agenda at his discretion

cc: Clerk’s Office Speaker’s Office Legislative Counsel Policy Analyst From: Georgia Lobby Sent: Thursday, February 4, 2021 4:18 PM To: Travis Johnson Subject: Board Watch - House Judiciary - Civil - Gunter Subcommittee Meeting

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Board Watch - House Judiciary - Civil - Gunter Subcommittee Meeting Start- Monday, Feb 8, 2021 @ 9:30am End- Monday, Feb 8, 2021 @ 10:00am or TBD Location- 132 CAP To download a calendar file- Appointment

If you wish to testify on any bill listed, please notify Madeleine Moghimi by email at [email protected] or phone at (404) 656-5125 no later than 4 PM on Friday, February 5th. Please provide your name, email, identify the bill you wish testify for, and the organization you are representing (if applicable).

AGENDA:

HB109 - Child Victim Protection Act of 2021; enact LC 28 9964 (Representatives Clark of the 147th, Oliver of the 82nd, Anulewicz of the 42nd, Cantrell of the 22nd, Mathis of the 144th, and others) Child Victim Protection Act of 2021; enact

HB229 - Fair Business Practices Act of 1975; certain actions by digital application distribution platforms with regard to application store processing services; prohibit LC 36 4558 (Representatives Carpenter of the 4th, Kelley of the 16th, Jones of the 25th, Gaines of the 117th, and Kendrick of the 93rd) Fair Business Practices Act of 1975; certain actions by digital application distribution platforms with regard to application store processing services; prohibit

HB263 - Retirement; benefits for judges of probate courts; revise method through which certain actuarial equivalents are determined LC 43 1731 (Representatives Scoggins of the 14th, Gambill of the 15th, Gullett of the 19th, Williams of the 145th, and Campbell of the 171st) Retirement; benefits for judges of probate courts; revise method through which certain actuarial equivalents are determined

The Chairman reserves the right to change agenda at his discretion

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2 From: Moghimi, Madeleine Sent: Monday, February 8, 2021 9:12 AM To: Moghimi, Madeleine Subject: HB 229 Sub Attachments: HB 229 LC36 4594s.pdf

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Good morning,

Please find the substitute for HB 229 attached.

Best,

MADELEINE MOGHIMI | ADMINISTRATIVE ASSISTANT GEORGIA HOUSE OF REPRESENTATIVES

132 State Capitol | Atlanta, GA 30334 404.656.5125

EMAIL: [email protected]

REPRESENTATIVE CHUCK EFSTRATION , DIST 104 Chairman, Judiciary

1

From: Jordan Watson Sent: Sunday, February 14, 2021 8:51 PM To: Shawn Conroy Subject: Re: A few more bills

Thanks pal

Sent from my iPhone

On Feb 13, 2021, at 11:18 AM, Shawn Conroy wrote:

I only see a private FBPA part in here….

HB 443 Torts; transfer of structured settlement payment rights; provide new requirements

https://www.legis.ga.gov/legislation/59638 (b) A payee may pursue a private action as a result of a violation of this Code section, and may recover all damages and pursue all rights and remedies to which the payee may be entitled under this article, the Fair Business Practices Act, or other applicable law

This idea is “back, back in the saddle again.”

https://www.legis.ga.gov/legislation/59619

SB 157 "Fair Business Practices Act of 1975"; deceptive practice of musical performance groups advertising; prohibit

First Reader Summary

A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to prohibit the deceptive practice of musical performance groups advertising and appearing as the recording group without the recording group's permission or denoting that it is a salute or tribute performance; to provide for definitions; to specify violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

https://www.legis.ga.gov/legislation/59193

First Reader Summary

1 A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to prohibit certain actions by digital application distribution platforms with regard to application store processing services; to provide for definitions; to provide for class actions; to provide for related matters; to repeal conflicting laws; and for other purposes.

***Please note new phone number***

Shawn Conroy Communications and Outreach Coordinator Office of Attorney General Chris Carr Consumer Protection Division

Tel: 404-458-3854 [email protected] Georgia Department of Law 2 Martin Luther King, Jr. Drive, SE Suite 356 Atlanta, Georgia 30334

2 From: Georgia Lobby Sent: Monday, February 8, 2021 9:21 AM To: Travis Johnson Subject: Board Watch - House Judiciary - Civil - Substitute for HB 229

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Board Watch - House Judiciary - Civil - Substitute for HB 229

Please see attached.

Attached files:

• hb_229_lc36_4594s.pdf

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1 From: Shawn Conroy Sent: Monday, February 22, 2021 9:40 AM To: Jordan Watson Subject: RE: A few more bills

Thank you!

***Please note new phone number***

Shawn Conroy Communications and Outreach Coordinator Office of Attorney General Chris Carr Consumer Protection Division Tel: 404-458-3854 [email protected] Georgia Department of Law 2 Martin Luther King, Jr. Drive, SE Suite 356

Atlanta, Georgia 30334

From: Jordan Watson Sent: Monday, February 22, 2021 8:18 AM To: Shawn Conroy Subject: RE: A few more bills

Looks like 443 is in Scoggins’ Judi subcommittee this afternoon.

Jordan Watson Dir. External Affairs & Policy Office of the Attorney General Chris Carr Executive Office Tel: (404) 458-3492 [email protected] Georgia Department of Law Atlanta, Georgia, 30334

From: Shawn Conroy Sent: Saturday, February 13, 2021 11:18 AM To: Anne Infinger ; Jordan Watson Subject: A few more bills

I only see a private FBPA part in here…. HB 443 Torts; transfer of structured settlement payment rights; provide new requirements

1 https://www.legis.ga.gov/legislation/59638 (b) A payee may pursue a private action as a result of a violation of this Code section, and may recover all damages and pursue all rights and remedies to which the payee may be entitled under this article, the Fair Business Practices Act, or other applicable law

This idea is “back, back in the saddle again.” https://www.legis.ga.gov/legislation/59619 SB 157 "Fair Business Practices Act of 1975"; deceptive practice of musical performance groups advertising; prohibit

First Reader Summary

A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to prohibit the deceptive practice of musical performance groups advertising and appearing as the recording group without the recording group's permission or denoting that it is a salute or tribute performance; to provide for definitions; to specify violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

https://www.legis.ga.gov/legislation/59193

First Reader Summary

A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to prohibit certain actions by digital application distribution platforms with regard to application store processing services; to provide for definitions; to provide for class actions; to provide for related matters; to repeal conflicting laws; and for other purposes.

***Please note new phone number***

Shawn Conroy Communications and Outreach Coordinator Office of Attorney General Chris Carr Consumer Protection Division Tel: 404-458-3854 [email protected] Georgia Department of Law 2 Martin Luther King, Jr. Drive, SE Suite 356

Atlanta, Georgia 30334

2 From: Georgia Lobby Sent: Tuesday, February 23, 2021 5:02 PM To: Travis Johnson Subject: Board Watch - All - SENATE FIRST READERS TUESDAY, FEBRUARY 23, 2021 TWENTY- FIRST LEGISLATIVE DAY

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Board Watch - All - SENATE FIRST READERS TUESDAY, FEBRUARY 23, 2021 TWENTY-FIRST LEGISLATIVE DAY

SENATE FIRST READERS TUESDAY, FEBRUARY 23, 2021 TWENTY-FIRST LEGISLATIVE DAY SB220 - "The Georgia Civics Renewal Act"; enact By Senators Payne of the 54th, Anavitarte of the 31st, Mullis of the 53rd, Summers of the 13th, Dugan of the 30th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to create the Georgia Commission on Civics Education; to provide for membership, filling of vacancies, terms, officers, duties, meetings, and reimbursement of members of the commission; to provide for a short title; to provide for legislative intent; to provide for automatic repeal; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to Education and Youth Committee. SB221 - Ethics in Government; leadership committees; chairpersons; such committees may receive contributions and make expenditures; provide By Senators Mullis of the 53rd, Miller of the 49th, Dugan of the 30th, Gooch of the 51st, Kennedy of the 18th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for a definition; to provide for leadership committees; to provide for chairpersons; to provide that such committees may receive contributions and make expenditures; to provide for disposition of assets in certain circumstances; to provide for filings and reports; to provide an exception from contribution limits; to provide for certain notices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to Rules Committee. SB222 - State Symbols; pecan as the official state nut; designate By Senators Summers of the 13th, Walker III of the 20th, Sims of the 12th, Harper of the 7th, Goodman of the 8th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the pecan as the official state nut; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to Agriculture and Consumer Affairs Committee. SB223 - "Community Rebound Act"; enact By Senators Robertson of the 29th and Payne of the 54th:

1 A BILL to be entitled an Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to enact the "Community Rebound Act"; to provide a short title; to provide definitions; to provide for the allocation of funds; to provide for incentives; to provide for reporting requirements; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to Public Safety Committee. SB224 - Public Property; distribution of paper based products at cafeterias operated by the Georgia Building Authority; require By Senators Harrell of the 40th, Butler of the 55th, Au of the 48th, Jackson of the 41st, Rahman of the 5th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions for public property, so as to require the distribution of paper based products at cafeterias operated by the Georgia Building Authority; to provide for an exception; to provide for definitions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to Natural Resources and the Environment Committee. SB225 - License Plates; individuals who served in the armed forces for an ally of the United States during active military combat; provide a veteran's license plate By Senators Harbison of the 15th, Rhett of the 33rd, Payne of the 54th, Dugan of the 30th, Anderson of the 43rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a veteran's license plate to individuals who served in the armed forces for an ally of the United States during active military combat; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to Veterans, Military and Homeland Security Committee. SB226 - Sale or Distribution of Harmful Materials to Minors; provisions of Code Section 16-12-103 shall be applicable to libraries operated by schools; provide By Senators Anavitarte of the 31st, Mullis of the 53rd, Miller of the 49th, Gooch of the 51st, Thompson of the 14th and others: A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution of harmful materials to minors, so as to provide that the provisions of Code Section 16-12-103 shall be applicable to libraries operated by schools; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to Judiciary Committee. SB227 - Eminent Domain; alternative process for a county, municipality, or consolidated government to condemn certain blighted properties; provide By Senators Jones II of the 22nd, Jackson of the 2nd and Anderson of the 43rd: A BILL to be entitled an Act to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions regarding eminent domain, so as to provide for an alternative process for a county, municipality, or consolidated government to condemn certain blighted properties; to provide for definitions; to provide for procedures; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to Judiciary Committee. SB228 - "Fair Business Practices Act of 1975"; intentional misrepresentations by certain digital application distribution platforms; prohibit By Senators Albers of the 56th, Hufstetler of the 52nd, Parent of the 42nd, Jones II of the 22nd and Thompson of the 14th: A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to prohibit intentional misrepresentations by certain digital application distribution platforms with regard to the offering of applications and services used by residents of this state; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

2 Referred to Science and Technology Committee. SB229 - Carrying Weapons Within School Safety Zones; carrying and possession of handguns in certain manners; property owned or leased by public institutions of postsecondary education; repeal authorization By Senators Harrell of the 40th, Au of the 48th, Jordan of the 6th, Parent of the 42nd, Merritt of the 9th and others: A BILL to be entitled an Act to amend Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school, so as to repeal the authorization for the carrying and possession of handguns in certain manners by weapons carry license holders in certain buildings or on real property owned by or leased to public institutions of postsecondary education; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to Public Safety Committee. SB230 - Solid Waste Management; conditions for the issuance of a permit for solid waste or special waste handling for a coal combustion unit or landfill; provide By Senators Jordan of the 6th, Au of the 48th, Merritt of the 9th, Orrock of the 36th, Davenport of the 44th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the O.C.G.A., relating to general provisions relative to solid waste management, so as to provide for conditions for the issuance of a permit for solid waste or special waste handling for a coal combustion unit or landfill; to amend Part 3 of Article 2 of Chapter 7 of Title 16 of the O.C.G.A., relating to damage and intrusion on property relative to criminal trespass and damage to property; to amend Part 1 of Article 3 of Chapter 8 of Title 48 of the O.C.G.A., relating to county sales and use tax relative to county special purpose local option sales tax, relating to procedure for imposition of tax, resolution or ordinance, notice to county election superintendent, and election; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to Natural Resources and the Environment Committee. SB231 - Education; pilot program; individuals between ages 21 and 35 who have not attained a high school diploma; provide By Senators Anavitarte of the 31st, Payne of the 54th, Parent of the 42nd, Albers of the 56th, Halpern of the 39th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a pilot program to allow for certain adults to enroll in charter schools that provide instruction only for individuals between ages 21 and 35 residing in this state who have not attained a high school diploma; to provide for an exception to the maximum age of eligibility for enrollment; to authorize local boards of education or the State Charter Schools Commission to approve charter schools that serve only individuals between ages 21 and 35 residing in this state who have not attained a high school diploma; to provide for funding for such charter schools; to provide for an effective date and applicability; to provide for a repealer; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to Education and Youth Committee. SB232 - Primaries and Elections; unique bar codes on individual absentee ballots; require By Senators Harbin of the 16th, Miller of the 49th, Mullis of the 53rd, Thompson of the 14th, McNeill of the 3rd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the O.C.G.A., relating to primaries and elections generally, so as to require unique bar codes on individual absentee ballots; to revise provisions regarding the preparation and mailing of absentee ballot envelopes; to provide an oath for registrars and absentee ballot clerks opening and verifying absentee ballots; to require voters to provide a copy of certain forms of identification with their absentee ballots; to require a witness signature to the elector's oath on absentee ballots; to provide for a period for a voter to cure a defect related to the identification provided by the voter; to revise provisions regarding the opening, review, and verification of absentee ballots; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to Ethics Committee.

3 SB233 - Primaries and Elections; new voting systems for use in elections in this state; provide By Senators Jones of the 25th, Beach of the 21st, Harbin of the 16th, Brass of the 28th, Anavitarte of the 31st and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide for new voting systems for use in elections in this state; to provide for definitions; to provide for the qualifications of such systems; to provide for the reimbursement of certain costs; to provide for ballot marking devices; to provide for in-person voting by paper ballot; to provide for audits; to repeal provisions of law authorizing the use of voting machines; to provide for conforming changes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to Ethics Committee. SB234 - "Georgia Uniform Mediation Act"; enact By Senators Kennedy of the 18th, Strickland of the 17th, Parent of the 42nd, Jones II of the 22nd and Watson of the 1st: A BILL to be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for uniform laws governing mediation and participants in mediation; to provide for definitions; to provide for privileges against disclosure, admissibility, and discovery; to provide for waiver and preclusion of privilege; to provide for exceptions to privilege; to provide for confidentiality and mediator disclosure of conflicts; to provide for international commercial mediation and electronic signatures; to provide for uniformity of construction and severability; to provide for applicability; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to Judiciary Committee. SB235 - Offenses Against Public Order; offense of wearing a mask, hood, or device which conceals the identity of the wearer; revise By Senators Watson of the 1st, Cowsert of the 46th, Harbison of the 15th, Kennedy of the 18th and Goodman of the 8th: A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to revise the offense of wearing a mask, hood, or device which conceals the identity of the wearer; to clarify application; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to Health and Human Services Committee. SR136 - Technical College System of Georgia; collaborate and develop programs to expand technical education; individuals age 16 or older who have withdrawn from high school; encourage By Senators Anavitarte of the 31st, Mullis of the 53rd, Miller of the 49th, Payne of the 54th, Parent of the 42nd and others: A RESOLUTION encouraging the Technical College System of Georgia, the Department of Education, the Department of Corrections, and the Department of Juvenile Justice to collaborate and develop programs to expand technical education, technical training, and workforce development training programs in order to address the growing economic and social needs created by individuals age 16 and older who have withdrawn from high school without completing course requirements for a high school diploma; and for other purposes. Referred to Education and Youth Committee. SR137 - Rathod, Christine; recognize By Senators Tillery of the 19th, Walker III of the 20th, Burns of the 23rd, Hickman of the 4th and Lucas of the 26th: A RESOLUTION recognizing and congratulating Christine Rathod upon the grand occasion of her retirement; and for other purposes. Read and Adopted. SR138 - Henry "Hank" Louis Aaron Memorial Highway; Fulton County; dedicate By Senators James of the 35th, Butler of the 55th, Seay of the 34th, Jones of the 10th, Jackson of the 2nd and others:

4 A RESOLUTION honoring Mr. Henry "Hank" Louis Aaron and dedicating a road in his memory; and for other purposes. Referred to Transportation Committee. SR139 - Malone, Bill; recognize By Senator Jones of the 25th: A RESOLUTION recognizing and congratulating Bill Malone upon the grand occasion of his retirement; and for other purposes. Read and Adopted. SR140 - Davis, Belinda; recognize By Senator Jones of the 25th: A RESOLUTION recognizing and congratulating Belinda Davis upon the grand occasion of her retirement in 2018; and for other purposes. Read and Adopted. HB98 - State government; conditions for meetings and public hearings to be held by teleconference in emergency conditions; provide By Representatives Lumsden of the 12th, Blackmon of the 146th, Fleming of the 121st, Oliver of the 82nd, Williamson of the 115th and others: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide conditions for meetings and public hearings to be held by teleconference in emergency conditions; to provide conditions for certain agency members to participate in nonemergency meetings by teleconference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to Science and Technology Committee. HB150 - Public utilities and public transportation; 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 By Representatives Williamson of the 115th, Hatchett of the 150th, Kelley of the 16th, Frazier of the 126th, Parsons of the 44th and others: A BILL to be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to 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; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to Regulated Industries and Utilities Committee. HB156 - Military; sharing of information and reporting of cyber attacks; facilitate By Representatives Parsons of the 44th, Martin of the 49th, Kelley of the 16th, Smith of the 133rd, Nix of the 69th and others: A BILL to be entitled an Act to amend Titles 38 and 50 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs and state government, respectively, so as to facilitate the sharing of information and reporting of cyber attacks; to require governmental agencies and utilities to report any cyber attacks to the director of emergency management and homeland security; to provide for definitions; to provide for the director to promulgate certain rules and regulations; to provide for proceedings related to cybersecurity to be held in executive session; to provide for certain information, data, and reports related to cybersecurity and cyber attacks to be exempt from public disclosure and inspection; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to Veterans, Military and Homeland Security Committee. HB234 - Self-funded Healthcare Plan Opt-in to the Surprise Billing Consumer Protection Act; enact By Representatives Hawkins of the 27th, Lott of the 122nd, Smyre of the 135th, Gunter of the 8th, Newton of the 123rd and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide an option for self-funded healthcare plans, exempt from state regulation under federal law, to opt in to Georgia's Surprise Billing Consumer Protection Act; to provide for definitions; to

5 provide for a short title; to provide for legislative findings; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to Health and Human Services Committee. HB268 - The Occupational Therapy Licensure Compact Act; enact By Representatives Werkheiser of the 157th, Lott of the 122nd, Belton of the 112th, Bennett of the 94th, Hawkins of the 27th and others: A BILL to be entitled an Act to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, so as to revise licensing provisions; to enter into an interstate compact known as the "Occupational Therapy Licensure Compact"; to authorize the State Board of Occupational Therapy to administer the compact in this state; to provide definitions; to provide for conditions; to provide for eligibility; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to Health and Human Services Committee. HB273 - Distilled spirits; initiate a referendum election for the authorization of the issuance of licenses; provide additional method By Representatives Ballinger of the 23rd, Carpenter of the 4th, Collins of the 68th and Dollar of the 45th: A BILL to be entitled an Act to amend Article 3 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to local authorization and regulations for manufacture, distribution, and package sales of distilled spirits, so as to provide an additional method of initiating a referendum election for the authorization of the issuance of licenses for the package sale of distilled spirits; to change certain provisions relating to the procedures for calling and conducting certain referendum elections and the nullifications thereof; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to Regulated Industries and Utilities Committee. HB307 - Georgia Telehealth Act; revise By Representatives Cooper of the 43rd, Lott of the 122nd, Gaines of the 117th, Frye of the 118th, Hatchett of the 150th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to revise the "Georgia Telehealth Act"; to revise definitions; to authorize health care providers to provide telemedicine services from home; to authorize patients to receive telemedicine services from their home, workplace, or school; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to Health and Human Services Committee. HB362 - Environmental Protection Division; effective date for standards, rules, and regulations; revise By Representatives Rhodes of the 120th, Watson of the 172nd, LaHood of the 175th, Petrea of the 166th and LaRiccia of the 169th: A BILL to be entitled an Act to amend Code Section 12-2-2 of the O.C.G.A., relating to the Environmental Protection Division, Environmental Advisory Council, duties of council and its members and director, appeal procedures generally, permit applications, and inspections, so as to revise an effective date for standards, rules, and regulations; to amend Title 27 of the O.C.G.A., relating to game and fish, so as to revise a defined term; to amend Code Section 52-7-26 of the O.C.G.A., relating to penalty regarding registration, operation, and sale of watercraft, so as to revise the effective date of rules and regulations related to penalty; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to Natural Resources and the Environment Committee.

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7 From: Jordan Watson Sent: Wednesday, February 24, 2021 7:53 AM To: Travis Johnson Subject: FW: Georgia Senate Bill 63 and House Bill 229

Neither of these appear to be moving. If you recall Matt Brass called me about SB 63 and I discussed with him. He told me he was having second thoughts about carrying the bill. I can call Evan in House Judi and check on 229.

Jordan Watson Dir. External Affairs & Policy Office of the Attorney General Chris Carr Executive Office Tel: (404) 458-3492 [email protected] Georgia Department of Law Atlanta, Georgia, 30334

From: Rufus Montgomery [mailto:[email protected]] Sent: Tuesday, February 23, 2021 10:48 PM To: Travis Johnson Cc: Jordan Watson Subject: Re: Georgia Senate Bill 63 and House Bill 229

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Any updates?

Interested in potential legal cost/exposure to the state given existing legal action. If passage of these bills would put the state in a legal bind.

Not an attorney so I probably said that incorrectly ☝🏾.

Thx.

RM

On Feb 10, 2021, at 2:30 PM, Travis Johnson wrote:

Thanks Rufus.

1 Travis Johnson Chief of Staff Office of the Attorney General Chris Carr Executive Office Tel: (404) 458-3221 [email protected] Georgia Department of Law 40 Capitol Square SW Atlanta, Georgia, 30334

From: Rufus Montgomery [mailto:[email protected]] Sent: Wednesday, February 10, 2021 12:26 PM To: Travis Johnson Subject: Georgia Senate Bill 63 and House Bill 229

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Following up on our conversation.

Please see attached.

Thanks!

RM

Rufus Montgomery President | The Cascon Group 230 Peachtree Street • Suite 1601 Atlanta, GA 30303 (404) 805-7012 | [email protected]

2 • Georgia Senate Bill 63/House Bill 229 (collectively referred to as “Georgia Senate Bill 63”), which proposes to regulate digital application distribution platforms, is unconstitutional and susceptible to legal challenges on multiple grounds.

• First, Georgia Senate Bill 63 violates the dormant Commerce Clause because it directly regulates interstate commerce and it imposes an undue burden on interstate commerce.

o A state statute that has the practical effect of exerting extraterritorial control over “commerce that takes place wholly outside of the State’s borders, whether or not the commerce has effects within the State” is invalid per se. Healy v. Beer Inst., 491 U.S. 324, 336 (1989). Georgia Senate Bill 63 includes proprietors, developers, and customers that are outside of Georgia and contains no geographic limitation. For example, it regulates contracts between Apple and App Store developers in Hawaii as well as every other state in the union. On its face, the statute regulates commerce that takes place outside of Georgia’s borders making it per se invalid.

o A state statute also runs afoul of the dormant Commerce Clause if it imposes an undue burden on interstate commerce that outweighs its local benefits. Pike v. Bruce Church, Inc., 397 U.S. 137 (1970). Here, there is no legitimate local interest that the bill seeks to protect that is not already protected by existing legislation, including federal antitrust laws. By contrast, the law’s effects on interstate commerce are far more than incidental, as it will necessitate an adjustment in business practices across the country, imposing Georgia’s policy choices on other states who are entitled to weigh interests in platform security versus developer access differently from Georgia.

• Second, Georgia Senate Bill 63 usurps Apple’s right to exclude others from access to its intellectual property and constitutes a taking in violation of the Fifth Amendment.

o Companies have cognizable property interests in their intellectual property. Where the government “requires an owner to suffer a permanent physical invasion of her property—however minor,” the Supreme Court has held that such action will be deemed a per se taking for Fifth Amendment purposes. Lingle v. Chevron U.S.A. Inc., 544 U.S. 528, 538 (2005).

o Georgia’s proposed bill constitutes a per se taking because it would force Apple to host unvetted applications on its platform, essentially granting those applications access to its intellectual property without its permission. Just as when dealing with physical property, the invasion authorized by the bill “eviscerates the owner’s right to exclude others from entering and using her property—perhaps the most fundamental of all property interests.” Lingle, 544 U.S. at 539; see also Philip Morris, Inc. v. Reilly, 312 F.3d 24, 51 (1st Cir. 2002) (Selya, J., concurring in judgment) (“if the sovereign effectively deprives the owner of the right to exclude, the value [of the owner’s right] is destroyed”).

2

o Georgia Senate Bill 63 is also a taking under Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978), because it interferes with Apple’s reasonable, investment-backed expectations. Apple has invested an enormous amount of time and resources in building and maintaining its current platform so as to preserve customer security, safety, and privacy. These investments were entirely reasonable because Apple could not have anticipated this unprecedented regulation. There is no history of this kind of regulation that would have put the company “on notice.”

• Third, Georgia Senate Bill 63 violates the Contract Clause of the U.S. Constitution because it substantially impairs Apple’s rights under its developer agreements.

o The Contract Clause provides that “No State shall enter into any … Law impairing the Obligation of Contracts.” Art. I, § 10, cl. 1. A state may substantially impair a contractual obligation only if the impairment is in pursuit of “a significant and legitimate public purpose” and is “reasonable.” Energy Reserves Group, Inc. v. Kansas Power & Light Co., 459 U.S. 400 (1983). This requirement “guarantees that the State is exercising its police power, rather than providing a benefit to special interests.” Id. at 412–13.

o Apple has developer agreements in place with millions of developers across the country (and globally) that require exclusive App Store distribution and exclusive use of Apple’s IAP. The proposed bill would render those millions of developer agreements “unenforceable” and “void.” The bill substantially impairs Apple’s rights under those contracts and Georgia has demonstrated no significant and legitimate public purpose for the bill. Instead, the bill’s carve out for special-purpose digital application distribution platforms reveals that the bill is meant to provide a benefit to a special interest.

• Fourth, Georgia Senate Bill 63 violates the Equal Protection Clause because it does not promote a legitimate state purpose and instead reflects a naked attempt to protect the economic interest of certain proprietors of digital app distribution.

o Courts do not hesitate to invalidate business regulations that have no legitimate state purpose and instead burden certain market participants to the benefit of others. Joseph Abbey v. Castille, 712 F.3d 215, 226–27 (5th Cir. 2013) (economic protection is not by itself a legitimate governmental purpose and the challenged act was not rationally related to consumer protection or public health and safety); Merrifield v. Lockyer, 547 F.3d 978, 991 n.15 (9th Cir. 2008) (“We conclude that mere economic protectionism for the sake of economic protectionism is irrational with respect to determining if a classification survives rational basis review”); Craigmiles v. Giles, 312 F.3d 220 (6th Cir. 2002) (protecting a discrete interest group from economic competition is not a legitimate governmental purpose).

3

o Georgia Senate Bill 63 promotes no legitimate state purpose and instead reflects only a naked attempt to protect the economic interest of certain proprietors of digital app distribution platforms.

• Fifth, the proposed bill violates the Georgia Constitution’s “uniformity clause” because it treats certain members of the class of digital application distribution platforms differently.

o Pursuant to the Uniformity Clause of the Georgia Constitution, “[t]he legislature may enact special laws affecting special classes, but it cannot do so if it has previously legislated in that area by general law nor may it do so if the classification of those affected is unreasonable.” Lasseter v. Georgia Pub. Serv. Comm’n, 319 S.E.2d 824, 827 ( Ga. 1984). This constitutional provision is complied with when the law operates uniformly upon all persons who are brought within the relations and circumstances provided by it. State v. Martin, 466 S.E.2d 216, 218 (Ga. 1996).

o The proposed bill carves-out “special-purpose” digital application distribution platforms for special treatment such that the statute is not universally applicable to all proprietors of digital application distribution platforms. Because the carve-out is arbitrary and unreasonable, the proposed bill violates Georgia’s Constitution.

From: Rufus Montgomery Sent: Wednesday, February 24, 2021 1:27 PM To: Travis Johnson Cc: Jordan Watson Subject: Re: Georgia Senate Bill 63 and House Bill 229

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

All set with Jordan!

Thank you.

RM

On Feb 24, 2021, at 11:26 AM, Travis Johnson wrote:

One of us will give you a shout. Thank you Rufus.

Travis Johnson Chief of Staff Office of the Attorney General Chris Carr Executive Office Tel: (404) 458-3221 [email protected] Georgia Department of Law 40 Capitol Square SW Atlanta, Georgia, 30334

From: Rufus Montgomery [mailto:[email protected]] Sent: Tuesday, February 23, 2021 10:48 PM To: Travis Johnson Cc: Jordan Watson Subject: Re: Georgia Senate Bill 63 and House Bill 229

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Any updates?

Interested in potential legal cost/exposure to the state given existing legal action. If passage of these bills would put the state in a legal bind.

Not an attorney so I probably said that incorrectly ☝🏾.

Thx.

1

RM

On Feb 10, 2021, at 2:30 PM, Travis Johnson wrote:

Thanks Rufus.

Travis Johnson Chief of Staff Office of the Attorney General Chris Carr Executive Office Tel: (404) 458-3221 [email protected] Georgia Department of Law 40 Capitol Square SW Atlanta, Georgia, 30334

From: Rufus Montgomery [mailto:[email protected]] Sent: Wednesday, February 10, 2021 12:26 PM To: Travis Johnson Subject: Georgia Senate Bill 63 and House Bill 229

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Following up on our conversation.

Please see attached.

Thanks!

RM

Rufus Montgomery President | The Cascon Group 230 Peachtree Street • Suite 1601 Atlanta, GA 30303 (404) 805-7012 | [email protected]

2 From: Travis Johnson Sent: Wednesday, February 24, 2021 12:15 PM To: Jordan Watson Subject: RE: Georgia Senate Bill 63 and House Bill 229

Thank you.

Travis Johnson Chief of Staff Office of the Attorney General Chris Carr Executive Office Tel: (404) 458-3221 [email protected] Georgia Department of Law 40 Capitol Square SW Atlanta, Georgia, 30334

From: Jordan Watson Sent: Wednesday, February 24, 2021 12:09 PM To: Travis Johnson Subject: RE: Georgia Senate Bill 63 and House Bill 229

I got back with Rufus. All good

Jordan Watson Dir. External Affairs & Policy Office of the Attorney General Chris Carr Executive Office Tel: (404) 458-3492 [email protected] Georgia Department of Law Atlanta, Georgia, 30334

From: Travis Johnson Sent: Wednesday, February 24, 2021 11:27 AM To: 'Rufus Montgomery' Cc: Jordan Watson Subject: RE: Georgia Senate Bill 63 and House Bill 229

One of us will give you a shout. Thank you Rufus.

1 Travis Johnson Chief of Staff Office of the Attorney General Chris Carr Executive Office Tel: (404) 458-3221 [email protected] Georgia Department of Law 40 Capitol Square SW Atlanta, Georgia, 30334

From: Rufus Montgomery [mailto:[email protected]] Sent: Tuesday, February 23, 2021 10:48 PM To: Travis Johnson Cc: Jordan Watson Subject: Re: Georgia Senate Bill 63 and House Bill 229

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Any updates?

Interested in potential legal cost/exposure to the state given existing legal action. If passage of these bills would put the state in a legal bind.

Not an attorney so I probably said that incorrectly ☝🏾.

Thx.

RM

On Feb 10, 2021, at 2:30 PM, Travis Johnson wrote:

Thanks Rufus.

Travis Johnson Chief of Staff Office of the Attorney General Chris Carr Executive Office Tel: (404) 458-3221 [email protected] Georgia Department of Law 40 Capitol Square SW Atlanta, Georgia, 30334

From: Rufus Montgomery [mailto:[email protected]] Sent: Wednesday, February 10, 2021 12:26 PM To: Travis Johnson Subject: Georgia Senate Bill 63 and House Bill 229

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 2

Following up on our conversation.

Please see attached.

Thanks!

RM

Rufus Montgomery President | The Cascon Group 230 Peachtree Street • Suite 1601 Atlanta, GA 30303 (404) 805-7012 | [email protected]

3 From: Meyers, Evan Sent: Friday, February 26, 2021 9:45 AM To: Jordan Watson Subject: HB 229- Substitute Attachments: LC 36 4698S.pdf

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Morning Jordan,

Here is the substitute for HB 229, the app store bill, which we spoke about earlier this week. I know you were getting questions on it. Let me know if this new version alleviates concerns or creates new ones.

Thanks,

Evan Meyers Attorney Analyst House Judiciary, Banks and Banking, Code Revision, and Ethics 132 State Capitol | Atlanta GA 30334 [email protected] | Office 404.656.7148

1

From: Jordan Watson Sent: Friday, February 26, 2021 9:51 AM To: Meyers, Evan Subject: RE: HB 229- Substitute

Thanks so much for getting this to me. I will review it with our CPD attorneys and get back with you.

I owe you a bourbon.

Jordan Watson Dir. External Affairs & Policy Office of the Attorney General Chris Carr Executive Office Tel: (404) 458-3492 [email protected] Georgia Department of Law Atlanta, Georgia, 30334

From: Meyers, Evan [mailto:[email protected]] Sent: Friday, February 26, 2021 9:45 AM To: Jordan Watson Subject: HB 229- Substitute

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Morning Jordan,

Here is the substitute for HB 229, the app store bill, which we spoke about earlier this week. I know you were getting questions on it. Let me know if this new version alleviates concerns or creates new ones.

Thanks,

Evan Meyers Attorney Analyst House Judiciary, Banks and Banking, Code Revision, and Ethics 132 State Capitol | Atlanta GA 30334 [email protected] | Office 404.656.7148

1 From: Matt Konenkamp Sent: Wednesday, March 3, 2021 1:06 PM To: AGCarr Subject: Georgia Senate Bill 63 and House Bill 229 Attachments: Georgia Senate Bill 63 and House Bill 229.pdf

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

General Carr, it was very nice to chat with you yesterday. As I indicated in the hallway, only 10-ish % of all app developers in Georgia pay any commission to Apple. And, of the 10% that do pay a commission, 85% of them only pay 15%. Before the App Store, software developers had to find shelf space in electronics stores to sell their products. The margin on the software taken by the store was between 35-55% (if they were even allowed shelf space of course). Apple essentially has a store front with 800 million-ish users. 90% of app developers in Georgia use that store front to sell their software (apps) for a fee of $95 dollars a year. I don’t know of many monopolies that operate in that fashion. Actually, it's quite the opposite of a monopoly.

I’ve attached hereto a legal analysis of the two bills. We’d appreciate it very much, if the opportunity arises, if you’d share these facts with others. These bills are nothing more than an attempt to have the government interfere with private contracts on behalf of billion dollar companies that would rather pay nothing for access to the Apple platform and its consumers.

Go Dawgs!

-Matt

Matt Konenkamp Senior Vice President Cowen Consulting, LLC (605)390-5651

1 • Georgia Senate Bill 63/House Bill 229 (collectively referred to as “Georgia Senate Bill 63”), which proposes to regulate digital application distribution platforms, is unconstitutional and susceptible to legal challenges on multiple grounds.

• First, Georgia Senate Bill 63 violates the dormant Commerce Clause because it directly regulates interstate commerce and it imposes an undue burden on interstate commerce.

o A state statute that has the practical effect of exerting extraterritorial control over “commerce that takes place wholly outside of the State’s borders, whether or not the commerce has effects within the State” is invalid per se. Healy v. Beer Inst., 491 U.S. 324, 336 (1989). Georgia Senate Bill 63 includes proprietors, developers, and customers that are outside of Georgia and contains no geographic limitation. For example, it regulates contracts between Apple and App Store developers in Hawaii as well as every other state in the union. On its face, the statute regulates commerce that takes place outside of Georgia’s borders making it per se invalid.

o A state statute also runs afoul of the dormant Commerce Clause if it imposes an undue burden on interstate commerce that outweighs its local benefits. Pike v. Bruce Church, Inc., 397 U.S. 137 (1970). Here, there is no legitimate local interest that the bill seeks to protect that is not already protected by existing legislation, including federal antitrust laws. By contrast, the law’s effects on interstate commerce are far more than incidental, as it will necessitate an adjustment in business practices across the country, imposing Georgia’s policy choices on other states who are entitled to weigh interests in platform security versus developer access differently from Georgia.

• Second, Georgia Senate Bill 63 usurps Apple’s right to exclude others from access to its intellectual property and constitutes a taking in violation of the Fifth Amendment.

o Companies have cognizable property interests in their intellectual property. Where the government “requires an owner to suffer a permanent physical invasion of her property—however minor,” the Supreme Court has held that such action will be deemed a per se taking for Fifth Amendment purposes. Lingle v. Chevron U.S.A. Inc., 544 U.S. 528, 538 (2005).

o Georgia’s proposed bill constitutes a per se taking because it would force Apple to host unvetted applications on its platform, essentially granting those applications access to its intellectual property without its permission. Just as when dealing with physical property, the invasion authorized by the bill “eviscerates the owner’s right to exclude others from entering and using her property—perhaps the most fundamental of all property interests.” Lingle, 544 U.S. at 539; see also Philip Morris, Inc. v. Reilly, 312 F.3d 24, 51 (1st Cir. 2002) (Selya, J., concurring in judgment) (“if the sovereign effectively deprives the owner of the right to exclude, the value [of the owner’s right] is destroyed”).

2

o Georgia Senate Bill 63 is also a taking under Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978), because it interferes with Apple’s reasonable, investment-backed expectations. Apple has invested an enormous amount of time and resources in building and maintaining its current platform so as to preserve customer security, safety, and privacy. These investments were entirely reasonable because Apple could not have anticipated this unprecedented regulation. There is no history of this kind of regulation that would have put the company “on notice.”

• Third, Georgia Senate Bill 63 violates the Contract Clause of the U.S. Constitution because it substantially impairs Apple’s rights under its developer agreements.

o The Contract Clause provides that “No State shall enter into any … Law impairing the Obligation of Contracts.” Art. I, § 10, cl. 1. A state may substantially impair a contractual obligation only if the impairment is in pursuit of “a significant and legitimate public purpose” and is “reasonable.” Energy Reserves Group, Inc. v. Kansas Power & Light Co., 459 U.S. 400 (1983). This requirement “guarantees that the State is exercising its police power, rather than providing a benefit to special interests.” Id. at 412–13.

o Apple has developer agreements in place with millions of developers across the country (and globally) that require exclusive App Store distribution and exclusive use of Apple’s IAP. The proposed bill would render those millions of developer agreements “unenforceable” and “void.” The bill substantially impairs Apple’s rights under those contracts and Georgia has demonstrated no significant and legitimate public purpose for the bill. Instead, the bill’s carve out for special-purpose digital application distribution platforms reveals that the bill is meant to provide a benefit to a special interest.

• Fourth, Georgia Senate Bill 63 violates the Equal Protection Clause because it does not promote a legitimate state purpose and instead reflects a naked attempt to protect the economic interest of certain proprietors of digital app distribution.

o Courts do not hesitate to invalidate business regulations that have no legitimate state purpose and instead burden certain market participants to the benefit of others. Joseph Abbey v. Castille, 712 F.3d 215, 226–27 (5th Cir. 2013) (economic protection is not by itself a legitimate governmental purpose and the challenged act was not rationally related to consumer protection or public health and safety); Merrifield v. Lockyer, 547 F.3d 978, 991 n.15 (9th Cir. 2008) (“We conclude that mere economic protectionism for the sake of economic protectionism is irrational with respect to determining if a classification survives rational basis review”); Craigmiles v. Giles, 312 F.3d 220 (6th Cir. 2002) (protecting a discrete interest group from economic competition is not a legitimate governmental purpose).

3

o Georgia Senate Bill 63 promotes no legitimate state purpose and instead reflects only a naked attempt to protect the economic interest of certain proprietors of digital app distribution platforms.

• Fifth, the proposed bill violates the Georgia Constitution’s “uniformity clause” because it treats certain members of the class of digital application distribution platforms differently.

o Pursuant to the Uniformity Clause of the Georgia Constitution, “[t]he legislature may enact special laws affecting special classes, but it cannot do so if it has previously legislated in that area by general law nor may it do so if the classification of those affected is unreasonable.” Lasseter v. Georgia Pub. Serv. Comm’n, 319 S.E.2d 824, 827 ( Ga. 1984). This constitutional provision is complied with when the law operates uniformly upon all persons who are brought within the relations and circumstances provided by it. State v. Martin, 466 S.E.2d 216, 218 (Ga. 1996).

o The proposed bill carves-out “special-purpose” digital application distribution platforms for special treatment such that the statute is not universally applicable to all proprietors of digital application distribution platforms. Because the carve-out is arbitrary and unreasonable, the proposed bill violates Georgia’s Constitution.

From: Jordan Watson Sent: Friday, March 5, 2021 9:38 AM To: [email protected] Subject: Senate Bill 63 and House Bill 229

How’s it going my man? What are you hearing?

Jordan Watson Dir. External Affairs & Policy Office of the Attorney General Chris Carr Executive Office Tel: (404) 458-3492 [email protected] Georgia Department of Law Atlanta, Georgia, 30334

1