Gold Dome Report — Legislative Day 27

Nelson Mullins Riley & Scarborough LLP

After promises all week for a short Friday convening, legislators proceeded to work into the afternoon today ahead of Crossover Day on Monday. Focus in the Senate was on sports betting, with members debating and ultimately approving a constitutional amendment (SR 135) and enabling legislation (SB 142) to allow wagering in the state. Meanwhile, the House formally approved its version of the FY22 State Budget in addition to a smorgasbord of other bills. Although both chambers worked a full day, much work remains for Crossover Day — the House has already set a 27-measure calendar for Monday with a promise of supplemental calendars to come, and the Senate Rules Committee added a whopping 43 measures for consideration on the floor. We’ll be here to recap all of the Legislative Day 28 action in the #GoldDomeReport.

In today’s Report:

  • Floor Action
  • New Legislation
  • Rules Calendars for Legislative Day 28

Floor Action

The House took up the following measures today:

  • HB 60 - Georgia Educational Scholarship Act; enact RECOMMITTED TO RULES
  • HB 81 - General appropriations; State Fiscal Year July 1, 2021 - June 30, 2022 PASSED 136-31
  • HB 92 - Health; transfer of vital records to State Archives; revise provisions PASSED 156-0
  • HB 316 - Pharmacies; increase pharmacist to pharmacy technician ratio for providing direct supervision at any time PASSED 159-0
  • HB 333 - Ethics in Government Act of 2021; enact PASSED 164-0
  • HB 364 - Professions and businesses; exempt persons having completed Georgia Peace Officer Standards and Training from required fingerprint submission for application to be licensed as a private guard, watchman, or patrolman PASSED 147-6
  • HB 369 - Physicians; job description submission to Georgia Composite Medical Board; provisions PASSED 143-12
  • HB 450 - Low THC Oil Patient Registry; authorize Department of Public Health to release deidentified data to government entities for research PASSED 153-0
  • HB 451 - Ad valorem tax; property; fair market value applicable to inventor; provisions PASSED 159-0
  • HB 469 - Income tax; rehabilitation of historic structures; revise tax credits RECOMMITTED TO RULES
  • HB 554 - Property; revise when an action may operate as a lis pendens 159-0
  • HB 577 - Highways, bridges, and ferries; proposal guaranty for bids upon certain projects; provide 160-0
  • HB 591 - Mental health; marriage and family therapists to perform certain acts which physicians and others are authorized to perform; authorize PASSED 157-3
  • HB 601 - Crimes and offenses; low THC oil, marijuana, and tetrahydrocannabinols do not include certain federally approved products; provide PASSED 161-0
  • HB 605 - Health; provide for authorized electronic monitoring in long-term care facilities PASSED 95-69
  • HB 606 - HOPE scholarships; add Georgia Independent School Association to the list of accrediting agencies PASSED 161-0
  • HB 645 - Crimes and offenses; medical cannabis; update and revise provisions PASSED 161-0
  • HB 647 - Solid waste management; post-closure ground-water monitoring at closed coal combustion residual impoundments; provide PASSED 161-2

The Senate took up the following measures today:

  • SB 75 - Termination of Residential Lease; victims of stalking; PASSED 48-0
  • SB 78 - Invasion of Privacy; prohibition on electronically transmitting or posting nude or sexually explicit photographs or videos for purposes of harassing the depicted person; revise PASSED 46-1
  • SB 92 - Controlled Substances; sale to and by minors of drug products containing dextromethorphan; prohibit PASSED 44-1
  • SB 142 - Lottery for Education; lottery game of sports wagering in this state; provide PASSED 34-17
  • SB 145 - Distilled Spirits; initiating a referendum election for the authorization of the issuance of licenses for the package sale of distilled spirits; modify the petition requirements PASSED 35-12
  • SB 152 - State and Other Flags; pledge of allegiance to the state flag; add language PASSED 30-14
  • SB 153 - "Graduation Opportunities and Advanced Learning (GOAL) Act"; enact PASSED 38-8
  • SB 156 - Labor and Industrial Relations; appointment, oath, bond, power, duties, and authority of a chief labor officer; provide TABLED
  • SB 163 - Judicial Emergency; suspension of statutory speedy trial requirements; provide PASSED 46-2
  • SB 165 - Motor Vehicles; autonomous vehicles from certain vehicle equipment requirements; exempt PASSED 48-0
  • SB 200 - Emergency Powers of the Governor; certain business and religious institutions may continue to resume operations; certain states of emergency; provide PASSED 29-19
  • SB 210 - Motor Vehicles and Traffic; definitions relative to registration and licensing of motor vehicles; provide PASSED 30-16
  • SB 219 - Alcoholic Beverages; regulation of the manufacture, distribution, and sale of malt beverages; provide PASSED 42-1
  • SB 220 - "The Georgia Civics Renewal Act"; enact PASSED 45-4
  • SB 236 - Alcoholic Beverages; food service establishments to sell mixed drinks for off-premises consumption in approved containers under certain conditions; allow PASSED 36-10
  • SB 246 - "The Learning Pod Protection Act"; exemptions applicable to learning pods, student attendance, administrative and judicial proceedings; provide PASSED 29-16
  • SB 255 - "OneGeorgia Authority Act"; grant program to support border region retail and tourism projects; provide PASSED 47-1
  • SR 39 - Charlotte Nash Intersection; Gwinnett County; dedicate PASSED 47-1
  • SR 84 - Airport Infrastructure and Improvements; create Joint Study Committee PASSED 41-8
  • SR 135 - Sports Betting; related matters; provide -CA PASSED 41-10
  • SR 143 - General Assembly Chaplain; honorary position; appoint PASSED 39-2

New Legislation

The following legislation has been introduced in the House and referred to committee:

  • HB 681, authored by Representative Bill Yearta (R-Sylvester), amends Title 20 to require a course of study in financial literacy for students in tenth and eleventh grades. This bill was referred to the House Education Committee.
  • HB 687, authored by Representative Mitchell Scoggins (R-Cartersville), amends Title 51 to revise filing requirements for asbestos and silica claims. This bill was referred to the House Special Committee on Access to the Civil Justice System.
  • HB 689, authored by Representative Houston Gaines (R-Athens), amends Title 35 to allow criminal investigation agencies to access sealed criminal records of victims of human trafficking. This bill was referred to the House Judiciary Non-Civil Committee.
  • HB 692, authored by Representative Demetrius Douglas (D-Stockbridge), amends Titles 30 and 49 to create the Commission for the Blind and the Visually Impaired and to transfer the supervision of the Georgia Industries for the Blind to the Commission. This bill was referred to the House Health and Human Services Committee.
  • HB 694, authored by Representative Calvin Smyre (D-Columbus), amends Titles 31 and 49 to require notification of law enforcement, fire departments, planning and zoning departments, and licensing departments of newly approved child-care centers, personal care homes, and foster care homes. This bill was referred to the House Health and Human Services Committee.
  • HB 697, authored by Representative Mark Newton (R-Augusta), amends Title 31 to require hospitals to participate in a survey disclosing if they maintain technology that allows the electronic sharing of certain patient information with other hospitals. This bill was referred to the House Special Committee on Access to Quality Healthcare.
  • HB 698, authored by Representative Spencer Frye (D-Athens), amends Title 34 to provide for paid parental leave for all employees in the state that have worked at their employer for at 1,250 hours in the preceding twelve months. This bill was referred to the House Industry and Labor Committee.
  • HB 699, authored by Representative Spencer Frye (D-Athens), amends Title 34 to provide COVID-19 protections for employees including protection against adverse employment actions for employees that report lack of worksite health and safety practices and to require employers to provide reasonable personal protective equipment and safety precautions in the workplace. This bill was referred to the House Industry and Labor Committee.
  • HB 700, authored by Representative Spencer Frye (D-Athens), amends Title 34 to include COVID-19 within the meaning of occupational disease for essential workers. This bill was referred to the House Industry and Labor Committee.
  • HB 702, authored by Representative Joseph Gullett (R-Dallas), amends Title 43 to provide that the home addresses of licensees of professional licensing boards be treated as confidential information. This bill was referred to the House Governmental Affairs Committee.
  • HR 280, authored by Representative Winfred Dukes (D-Albany), creates the House Study Committee on HOPE for the Future. This resolution was referred to the House Higher Education Committee.
  • HR 281, authored by Representative David Clark (R-Buford), proposes a constitutional amendment to provide for the legalization and regulation of marijuana for persons 21 or older. This resolution was referred to the House Rules Committee.

The following legislation has been introduced in the Senate and referred to committee:

  • SB 271, authored by Senator Kay Kirkpatrick (R-Marietta), amends Title 43 to remove the ability of the Georgia Composite Medical Board to authorize a representative to perform criminal background checks. This bill was referred to the Senate Health and Human Services Committee.
  • SR 177, authored by Senator Valencia Seay (D-Riverdale), commends Senator Valencia Seay on receiving the Georgia Speech-Language-Hearing Association Legislator Appreciation Award. This resolution was adopted.
  • SR 186, authored by Senator Butch Miller (R-Gainesville), recognizes and commends the Georgia Academy of Audiology. This resolution was adopted.
  • SR 187, authored by Senator Butch Miller (R-Gainesville), recognizes and commends the Georgia Speech-Language-Hearing Association. This resolution was adopted.

Rules Calendars for Legislative Day 28 (Crossover Day)

The House is expected to consider the following measures on Monday for Legislative Day 28:

  • HB 86 - Georgia Lottery Mobile Sports Wagering Integrity Act; enact
  • HB 114 - Income tax; adoption of foster children; revise tax credit
  • HB 173 - Retirement and pensions; eligible large retirement system's assets that may be invested in alternative investments; increase percentage
  • HB 247 - Uniform rules of the road; commission of an offense of distracted driving; provide for penalties
  • HB 290 - Hospitals and nursing homes; policy during a declared public health emergency that limits patients' abilities to be visited by designated family members and friends; provisions
  • HB 317 - Excise tax; revise definition of innkeeper to include marketplace facilitators; provisions
  • HB 346 - Jarom's Act; enact
  • HB 383 - State government; certain contracts; Israel; provisions
  • HB 428 - Sales and use tax; change certain definitions
  • HB 498 - Ad valorem tax; property; expand an exemption for agricultural equipment and certain farm products
  • HB 517 - Education; calculation of minimum revenue obligations for scholarships and tuition grants; provide for the inclusion of earned interest
  • HB 544 - State government; composition of the board of directors of the lottery; change
  • HB 567 - Newborn Screening and Genetics Advisory Committee; create
  • HB 582 - Cherokee County; probate judge; provide nonpartisan elections
  • HB 611 - State government; definition of small business; change
  • HB 619 - Heritage trust program; sale of Patrick's Fishing Paradise to a private entity; authorize
  • HB 675 - General Assembly; members and officers; revise compensation, expenses, and allowances
  • HB 676 - Georgia Farmers' Market and Produce Terminal Development Authority Act; enact
  • HB 693 - Motor vehicles; operation of farm tractors on interstate highways; prohibit
  • HB 697 - Health care data collection; hospitals maintain certain technology; provisions
  • HR 24 - Lucci, Dominic Brian; compensate
  • HR 25 - Jones, Mark Jason; compensate
  • HR 26 - Gardiner, Kenneth Eric; compensate
  • HR 29 - Robinson, Mr. Jakeith Bendray, Sr.; compensate
  • HR 144 - Katie Poff Memorial Interchange; Baldwin County; dedicate
  • HR 204 - Judge Willie J. Lovett, Jr. Juvenile Justice Center; City of Savannah; dedicate
  • HR 282 - Sydnie Grace Jones Memorial Intersection; dedicate

The Senate is expected to consider the following measures on Monday for Legislative Day 28:

  • SB 10 — "Jaye Mize Law"; promoting illegal drag racing and laying drags; provide for an offense (Substitute) (JUDY-10th)
  • SB 62 — Elections and Primaries; name and designation of the precinct appears on every ballot; provide (Substitute) (ETHICS-37th)
  • SB 69 — 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 (ETHICS-53rd)
  • SB 71 — Elections and Primaries; the definition of "absentee elector"; revise; reasons for voting by absentee ballot; provide (Substitute) (ETHICS-53rd)
  • SB 72 — 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 (ETHICS-53rd)
  • SB 74 — Elections and Primaries; ability of poll watchers at tabulating centers to observe the vote counting process; revise (ETHICS-53rd)
  • SB 90 — Georgia Commission on African American History and Culture; create (UAff-2nd)
  • SB 93 — Elections and Primaries; use of portable and movable polling facilities in certain circumstances; provide (ETHICS-29th)
  • SB 96 — Notaries Public; identification of persons for whom notaries perform notarial acts shall be evidenced; valid Veterans Health Identification Card issued by the United States Department of Veterans Affairs; provide (VM&HS-2nd)
  • SB 97 — In-State Resident Status of Students; university system policy of out-of-state tuition differential waivers; codify (Substitute) (H ED-2nd)
  • SB 98 — Georgia Freight Railroad Program; eligible expenditures; procedures, conditions, and limitations for public and private financing of projects; provide (TRANS-21st)
  • SB 106 — Education; multi-tiered system of supports; include wraparound services to be provided prior to expelling or assigning a student in preschool through third grade to out-of-school suspension for more than five consecutive or cumulative days (ED&Y-44th)
  • SB 120 — Solicitors-General of State Courts; honorary office of solicitor-general emeritus; provide (GvtO-37th)
  • SB 141 — Elections and Primaries; immediate counting and tabulation of ballots after the close of the polls until such counting and tabulation is completed; provide (Substitute) (ETHICS-31st)
  • SB 162 — Blue Ridge Judicial Circuit; additional judge of the superior court; provide (JUDY-21st)
  • SB 164 — HIV Tests; modernization of HIV related laws to align with science; provide (JUDY-52nd)
  • SB 166 — Courts; certain procedures for disqualification of jurors; require (Substitute) (I&L46th)
  • SB 178 — Elections and Primaries; absentee ballot applications shall not be sent without first receiving a request for such an application from such elector; provide (ETHICS-53rd)
  • SB 199 — Taxes on Tobacco and Vaping Products; sale and delivery of tobacco products by licensed manufacturers located outside of this state; permit (FIN-53rd)
  • SB 202 — Elections and Primaries; persons or entities that mail absentee ballot applications shall mail such applications only to eligible registered electors; provide (ETHICS-23rd)
  • SB 213 — Contracts and Purchases by Public Schools; payment on guaranteed energy saving contracts; proceeds from local option sales taxes collected for educational purposes; provide (FIN-7th)
  • SB 214 — Governor's Emergency Powers; matters pertaining to firearms and other weapons; restrict use of emergency powers (PUB SAF-7th)
  • SB 218 — Vacation of Office; suspension of compensation for certain public officers who are suspended because of indictment for a felony; provide (GO-20th)
  • SB 225 — 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 (VM&HS-15th)
  • SB 226 — Sale or Distribution of Harmful Materials to Minors; provisions of Code Section 16-12-103 shall be applicable to libraries operated by schools; provide (JUDY-31st)
  • SB 232 — Primaries and Elections; unique bar codes on individual absentee ballots; require (ETHICS-16th)
  • SB 234 — "Georgia Uniform Mediation Act"; enact (JUDY-18th)
  • SB 237 — License Plates; specialty license plate supporting members of the United States Army Rangers; establish (VM&HS-15th)
  • SB 238 — Code Of Georgia; enactment of the Official Code of Georgia Annotated; revise provisions (JUDY-17th)
  • SB 240 — Education; instructional program for students in grades eleven and twelve; critical role elections play in the democratic way of life; provide (ED&Y-40th)
  • SB 241 — Elections and Voting; revise comprehensively (ETHICS-30th)
  • SB 247 — Agricultural Commodity Commissions; public hearings with online public comment opportunities; replace (A&CA-24th)
  • SB 252 — Public Officers; the compensation of certain public officials; revise (Substitute)
  • (RULES-34th)
  • SB 253 — Elections and Primaries; notice when polling places are relocated; provide (Substitute) (ETHICS-9th)
  • SB 256 — County Boards of Health; comprehensive reorganization; provide (HHS-11th)
  • SB 258 — Certification of Operators of Water or Wastewater Treatment Plants; registration fee for board approved continuing education providers; provide (NR&E-7th)
  • SB 260 — Soil Amendments; exclude from regulation (NR&E-7th)
  • SB 276 — County Law Libraries; authorize the charging and collection of law library fees in county recorders' courts and magistrate courts; allow county governing authorities (JUDY-18th)
  • SR 100 — State-Wide Grand Juries; jurisdiction, powers, and duties; provide -CA (ETHICS-51st)
  • SR 102 — Georgia Commission on E-Commerce and Freight Infrastructure Funding; create (TRANS-51st)
  • SR 134 — State government; meetings relating to cybersecurity contracting and planning from open meeting requirements; exclude (S&T-27th) Anderson-10th
  • SR 154 — Joint Study Committee for Strengthening Georgia's Future Workforce; create (H Ed-36th)
  • HB 156 — Military; sharing of information and reporting of cyber attacks; facilitate (VM&HS-32nd)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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