Gold Dome Report - Legislative Day 31 - March 2024

Nelson Mullins Riley & Scarborough LLP

The Georgia House of Representatives took up a veritable smorgasbord of legislation on Thursday. From the establishment of a license plate commemorating America’s semiquincentennial (SB 369), to allowing lifetime appointment of Georgia Colonels and Lieutenant Colonels (SB 337), to permitting out-of-state veterinarians to do in-state snipping (SB 410), Legislative Day 31 proved to be quite the variety show on the House floor. But the most watched measure was the FY 2025 State Budget (HB 916), which passed out of the House by a 172-1 vote. It was immediately transmitted to the Senate, which has remained idle since Crossover Day in protest of the spending plan's delayed delivery. With the budget in hand, Senators are scheduled to get back to work on Friday.

Committees continued to process the piles of legislation from the opposite chambers on Wednesday and Thursday. Details from all the meetings we made after wading through the hordes of Boy Scouts and nurses in the Capitol are in this #GoldDomeReport.

In this Report:

  • Floor Notes
  • Committee Reports
  • New Legislation
  • What’s Next

Floor Notes

The House took up the following measures on Legislative Day 31:

  • HB 916 - General appropriations; State Fiscal Year July 1, 2024 - June 30, 2025 — PASSED 172-1
  • SB 144 - Adjutant General; include a roster of all commissioned officers in the organized militia in the annual report to the Governor; remove the requirement — PASSED 167-0
  • SB 337 - Georgia Colonel; appoint honorary title for life; authorize the Governor — PASSED 168-0
  • SB 352 - Motor Vehicle Equipment and Inspection; standards for the alteration and operation of motor vehicles with modified suspension systems; provide — PASSED 136-33
  • SB 369 - Motor Vehicles; issuance of license plates commemorating the United States of America's semiquincentennial; provide — PASSED 173-0
  • SB 377 - Courts and Social Services; licensing of qualified residential treatment programs; provide — PASSED 168-0
  • SB 410 - Licensing of Veterinarians; certain sterilization services performed by out-of-state veterinarians from licensing requirements; exempt — PASSED 170-0

Committee Reports

House Education - Curriculum Subcommittee

Chairlady Bethany Ballard (R-Warner Robins) called the Curriculum Subcommittee to order Wednesday morning to discuss one measure:

  • SB 440, authored by Senator Matt Brass (R-Newnan), amends Title 20 to establish the Accelerated Career Diploma Program. Senator Brass explained the history of dual enrollment and recent legislation, SB 86 (2023 Session). This measure builds on that progress. This measure seeks to consolidate the high-demand career lists with certain instructional courses, specifically math, to better align with Pathway programs. The sunset is also extended to 2027. Senator Brass highlighted a needed amendment. The changes would be on line 61 after “diploma program” add “or program leading to licensure.” The amendment passed, and the measure received a DO PASS recommendation.

The subcommittee met again on Thursday afternoon to consider the following measures:

  • SB 169, authored by Senator Chuck Payne (R-Dalton), amends Title 20 to extend hearing dates for student discipline tribunals and provides for limits. It also provides appropriate grade-level instructional materials to any student in in-school suspension.

Senator Payne presented the bill to the subcommittee, which recommended the bill DO PASS and be sent to the full Education Committee.

  • SB 395, authored by Senator Clint Dixon (R-Gwinnett), amends Title 20 to allow students, visitors, and employees to carry opioid antagonists in schools and would exempt anyone who administers it in good faith from civil liability. The bill also requires schools to keep a supply of opioid antagonists on hand for administration.

Senator Dixon presented the bill to the subcommittee. Jeff Breedlove of the Georgia Council for Recovery spoke in favor of the bill. An amendment was proposed to disallow students from carrying an opioid antagonist (while leaving the ability for employees and visitors to carry it). The amendment was adopted, and the subcommittee recommended the bill DO PASS as amended and be sent to the full Education Committee.

House Education Committee - Policy Subcommittee

The Policy Subcommittee of the House Education Committee, chaired by Representative Scott Hilton (R-Peachtree Corners), met on Thursday afternoon to consider the following measures:

  • SB 32, authored by Senator Jason Anavitarte (R-Dallas), is “Alyssa’s Law.” The bill amends Title 20 to require local education agencies to implement a mobile panic alert system capable of connecting disparate emergency services technologies to ensure real-time coordination between multiple state and local first responder agencies in the event of a school security emergency.

Senator Anavitarte presented the bill to the subcommittee, explaining that these mobile panic alert systems are already active in most Georgia school districts. Representative Rick Townsend (R-St. Simons Island) asked the author to confirm that this is not a “single vendor” bill, which the author confirmed, stating that there was opportunity for competitive bidding. Chairman Hilton asked if the bill creates an unfunded mandate, to which the author suggested that schools could use new school safety money in the budget to fund implementation.

Chris Stallings, Director of the Georgia Emergency Management and Homeland Security Agency, spoke to the bill, stating that it addresses the need for schools but may overlook the needs of the local 911 centers which are already stretched thin. Chairman Hilton asked that the GEMA team get together with the bill author to iron out concerns and suggested that the bill could be revisited next week in the full Education Committee.

  • SB 351, authored by Senator Jason Anavitarte (R-Dallas), is “Protecting Georgia's Children on Social Media Act of 2024.” The bill amends Titles 20 and 39 to require local boards of education to adopt, implement, and enforce social media policies and prohibit access to social media websites on school devices. The bill also requires commercial platforms to check ages and prohibits them from allowing minors under 16 to use their platform without parental consent. The bill also requires school districts to implement coursework in digital citizenship for students.

Representative Anavitarte presented the bill to the subcommittee. Mike Griffin of the Georgia Baptist Mission Board and Frontline Policy Action spoke in favor of the bill. The ACLU of Georgia appeared in opposition to the bill, explaining that young people have a constitutional right to access social media. Representative Brent Cox (R-Dahlonega) asked about the current Department of Education policy on social media, to which the author said there is a patchwork of policies across the state.

The subcommittee recommended the bill DO PASS and be sent to the full Education Committee.

House Education Committee

Chairman Chris Erwin (R-Homer) called the full committee to order Wednesday morning to discuss the following measures:

  • SB 50, authored by Senator Max Burns (R-Sylvania), amends Title 20 to increase the number of lifeguards in the state. The measure allows local school systems to include lifeguarding and aquatic safety as an elective course. If the school chooses to have this course, the measure lays out a specific curriculum. At the end of the course, students can be certified if they choose to be. On behalf of the Alliance of YMCAs, Charlotte Davis expressed support for the measure. Senator Burns highlighted a need for amendments to make date corrections on lines 21, 24, and 50. LC 54 0142 amended received a DO PASS recommendation.

House Higher Education Committee

Chairman Chuck Martin (R-Alpharetta) called the House Higher Education Committee to order Wednesday afternoon for a HEARING ONLY on the following:

  • SB 385, authored by Senator Rick Williams (R-Milledgeville), amends Title 20 relating to Georgia Military College. The measure seeks to allow greater access to college degrees by improving access to their online school. Representative David Knight (R-Griffin) asked about GMCs governance. There are appointed members on their board. Representative Betsy Holland (D-Atlanta) clarified if there was no cost to the state; which was correct.
  • SB 399, authored by Senator Shelly Echols (R-Gainesville), amends Title 20 relating to transferable credits. LC 49 1877S seeks to increase the number of transferable courses between TCSG and USG. The measure includes a reporting requirement for approved courses, and USG and TCSG publish the bachelor's course, which is a prerequisite. Representative Jasmine Clark (D-Lilburn) asked about the courses associated with the High Demand Career List. Senator Echols was not sure about the courses. Representative Clay Pirkle (R-Auburn) inquired if this would be specific to individual schools. That is correct.
  • SB 469, authored by Senator Jason Esteves (D-Atlanta), amends Title 20 to create the “College Success 529 Expansion Act.” It allows the board to create and set the cap, which is currently set at $235,000. Representative Clay Pirkle (R-Auburn) asked if a parent opts into this but the child chooses a different path, how does the parent change this? The IRS allows these funds to be shifted to a Roth IRA. Representative Betsy Holland (D-Atlanta) asked if the board could lower or raise it to an absurd amount. The IRS has requirements, and it can be estimated that the highest would be $1.5 million, which is about seven times our highest undergraduate rate. Representative David Knight (R-Griffin) asked what the highest USG institution is. Senator Esteves was not sure, but the governor appointed the board. Representative Kasey Carpenter (R-Dalton) asked about the cap and who can donate. The author explained the maximum state-provided tax deduction. He also explained that this expands to others being able to donate.
  • SB 497, authored by Senator Billy Hickman (R-Statesboro), amends Title 20 to do several things. It renames the High-demand Career Initiatives Program to the High Demand Apprenticeship Program. The measure expands the program and provides priority for students aged 15-21. It ensures that CTAE is aligned with workforce needs. It allows for 10 apprenticeships at $5,000 per apprenticeship instead of 5 at $10,000. The payments will be made in two payments, one at the beginning of the year and one upon completion. The measure directs TCSG to create a community service apprenticeship program for state and local governments. It is set to expire in 2027. Representative Jasmine Clark (D-Lilburn) asked how much apprentices make and if lessening the amount would lower the opportunities. That is left up to the company, but this program helps offset their costs. Lowering the amount and increasing the spots were requested by industry partners.

House Regulated Industries Committee

The House Regulated Industries Committee, chaired by Representative Alan Powell (R-Hartwell), met on Wednesday to consider the following measures:

  • HR 1283, authored by Representative Alan Powell (R-Hartwell), creates the House Study Committee on Safety and Consumer Protection of Nicotine Vapor Products.

Chairman Powell presented the resolution to the Committee. Representative Shelly Hutchinson (D-Snellville) expressed concern that the study committee is limited to nicotine vapor products and not other types of vapes. The Committee recommended the resolution DO PASS and be sent to the Rules Committee.

  • SB 205, authored by Senator Rick Williams (R-Milledgeville), amends Part 3 of Article 1 of Chapter 18 of Title 43 of the O.C.G.A. relating to funeral home and embalmer licensing. It would allow funeral directors who have allowed their license to lapse and have not had any disciplinary action to renew their license.

Senator Williams presented the bill to the Committee, which recommended the bill DO PASS and be sent to the Rules Committee.

  • SB 370, authored by Senator Mike Hodges (R-Brunswick), amends Title 16 to require certain establishments to post human trafficking hotline information. Specifically, the bill extends this posting requirement to convenience stores, body art studios, manufacturing facilities, and massage therapy businesses. The bill also provides for surprise inspections of massage therapy practices, requires that massage therapy licenses bear a photo of the therapist and that massage therapy board members receive training on human trafficking.

Senator Hodges presented the bill to the committee, explaining that he was carrying the bill on behalf of Governor and First Lady Kemp. Representative Derrick Jackson (D-Tyrone) asked about the enforcement mechanism for the required postings, to which Senator Hodges said it could be enforced by local law enforcement. Representative J. Collins (R-Villa Rica) asked if pawn shops had been considered as a location to post these notices, to which the author said no. Chairman Powell asked whether the posting law should be amended to cover motels (in addition to hotels already included) and medical offices. Legislative Counsel opined that “hotel” is already defined in statute in a way that would capture motels. Representative Lauren McDonald (R-Cumming) suggested the notice include a QR code for quick access to the phone number and posted information. Representative Bruce Williamson (R-Monroe) expressed concern that the current definition of hotel might also capture Airbnb and VRBO rentals.

Frontline and Street Grace spoke in favor of the legislation. The Committee amended the bill to include “medical offices” on the list of required posting locations and recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

Chairman Powell announced that SB 460, which was amended on the Senate floor to include supervision provision for certified registered nurse anesthetists, would be assigned to the Special Committee for perfections.

Senate Appropriations - Health and Human Development Subcommittee

Chairman Ben Watson (R-Savannah) and members of the Health and Human Development Subcommittee met on March 6, 2024, kicking off the day at 7 a.m. The meeting focused on hearing from the various agencies over which this subcommittee has oversight: Departments of Behavioral Health and Developmental Disabilities, Community Health, Human Services, Public Health, and Veterans Services. Additionally, they heard from the Georgia Drugs and Narcotics Agency, Georgia Composite Medical Board, Georgia Board of Health Care Workforce, and Georgia Trauma Commission. All the entities focused on the governor’s budget proposals and the changes made by the House to their respective agencies in HB 916. There was no public testimony taken at this marathon meeting. A few questions were posed to the presenters by various members of the Subcommittee. The following were a few inquiries raised:

  • Department of Behavioral Health and Developmental Disabilities - Commissioner Kevin Tanner
    • Chairman Watson inquired about the funding for the 9-8-8 line and employees. Commissioner Tanner indicated that this funding would replace part of the grant funding, which will expire later this year. There are 16 employees who are covered by this grant. Chairman Watson also inquired about the answer time of calls; Commissioner Tanner noted that it had decreased from 200 seconds to 10 seconds on average per call.
    • Chairman Watson also asked about Gateway in Savannah. The funding for the project was fully funded, according to Commissioner Tanner, and should open during the fourth quarter of 2025.
    • Senator Billy Hickman (R-Statesboro) inquired about supporting individuals who have physical and/or mental disabilities and, in particular, helping with employment. There are 150,000 Georgians with disabilities who could be working. However, only 30,000 appear to have employment. Senator Hickman reminded Commissioner Tanner that a bill was in the House Industry and Labor Committee this afternoon.
    • Senator Nan Orrock (D-Atlanta) inquired about the Fulton County Crisis Center. That entity is fully funded with the funding in the FY 2025 Budget.
  • Department of Community Health - Commissioner Russel Carlson
    • Senator Hickman asked about a grading system for nursing homes. There is a grading system for nursing homes. CMS has a five-star system, which Commissioner Carlson noted was not “perfect.” Quality incentives are associated with that system, which is funded with $36 million. Commissioner Carlson noted that new staffing ratios, which are seen as aggressive, may have an impact.
    • Chairman Watson asked about re-determinations. DCH sees an end in sight, with 14 months expiring in May. However, there has been a backlog, which is significant in terms of the numbers of individuals who have not had their eligibility redetermined. There is also a group of individuals who are in the appellate window, and those individuals’ resolutions may not occur until fall. In the meantime, the Department is still addressing new applicants while adjudicating redeterminations.
    • Senator Sam Watson (R-Moultrie) asked about the GAPP program and whether the proposed funding was sufficient. Commissioner Carlson noted that the funding would bring parity and is based upon the Department’s numbers; however, only half of the funding was included in the proposal by the House.
    • Senator Nan Orrock (D-Atlanta) asked about the monthly per member increases for State Health Benefit Plan members. That new amount is $17.60. Commissioner Carlson indicated that active state employees and educators are funded differently.
  • Department of Human Services - Deputy Commissioner Demetrius Taylor
    • Senator Kay Kirkpatrick (R-Marietta) inquired about the agency’s case workers’ pay increase and noted the importance of the proposed additions by the House for the provider rate increases. She asked about funding to replace the SHINES system. Taylor indicated that the costs would be $80 million for a new system, and $40 million of that would need to be included by the state.

Senate Health and Human Services Committee

Chairman Ben Watson (R-Savannah) and the Senate Health and Human Services Committee met on Wednesday afternoon, taking up four measures:

  • HB 546, authored by Representative Rick Jasperse (R-Jasper), addresses the “Georgia Pharmacy Practice Act” at O.C.G.A. 26-4-5(31). It adds a new definition for “pharmacy care” to allow for the adaptation of a prescription drug order. It allows the pharmacist to change the quantity of medication prescribed under certain conditions; change the dosage of the prescription prescribed if in the best interest of the patient; or complete missing information on a prescription drug order if there is evidence to support the change. There is a requirement for the pharmacist to document any adaptation. There were questions about synching drug orders and brand necessary medications. A physician may indicate on a prescription to require “brand necessary” or refuse to permit adaptation. The legislation received a DO PASS recommendation. Senator Chuck Hufstetler (R-Rome) will carry the bill in the Senate.
  • HB 872, authored by Representative Lee Hawkins (R-Gainesville), amends Chapter 34 of Title 31. It expands the service cancelable loan program for physicians and other healthcare providers in underserved areas to include dental students. This is an effort to help address workforce concerns by allowing senior dental students to obtain assistance with education funding. Representative Hawkins explained that this is a complicated issue with a $260,000 debt for new dentists when they leave school, and if they take Medicaid, they are only reimbursed around 50 percent of the normal fee. Chet Bhasin, the Executive Director of the Georgia Board of Health Care Workforce, outlined other programs that permit this. If an individual takes advantage of the program and leaves early, then the individual will be responsible for two times the amount. The legislation received a DO PASS recommendation.
  • HB 1028, authored by Representative John LaHood (R-Valdosta), amends Titles 31 and 42 to revise the state health officer's authorization to issue standing orders to permit the officer to order opioid antagonists and post-exposure prophylaxis medications for the prevention of HIV (this is to be provided within 72 hours of exposure - there is no street value or risks associated with this medication). Additionally, this legislation eliminates the Georgia Diabetes Control Grant program as it was never funded (but the State already does work around diabetes); repeals the PreP pilot program as it is now a successful statewide effort; and repeals language requiring permits for “mass gatherings” (this was implemented in the 1970s and never used). Additionally, as the bill was originally introduced, it contained language to repeal the screening requirement for public school children for scoliosis, and that language has been removed. Additionally, it clarifies that the Department is to only provide food service inspections at jails (not the inspections of the entire jail facilities). Finally, the legislation updates the definition of sexually transmitted diseases, which now includes chlamydia. The legislation received a DO PASS recommendation. Senator Clint Dixon (R-Buford) will carry the legislation in the Senate.
  • HB 1335, authored by Representative John LaHood (R-Valdosta), addresses staffing requirements for personal care homes, assisted living facilities, and memory care centers in Chapter 7 of Title 31. It permits these facilities to use a 'medical alert system' as defined as “any device or combination of devices used to detect and immediately communicate that an individual is experiencing a medical emergency. Such device or combination of devices must be approved for their effectiveness by the department in its sole discretion.” The use of the devices allows flexibility in the requirements to maintain RN, LPN, and medication aides under certain conditions. Joe Hood, COO with the Department of Community Health, outlined the work which had been undertaken by the industry to address this legislation and permit more flexibility because of workforce challenges. Senator Kay Kirkpatrick (R-Marietta) asked questions about the training for the medication aides if there was an emergency; these individuals are CNAs who have additional training to provide medications and can do CPR. The Department will also continue to conduct periodic inspections of these facilities and will assess needs (and provide plans of correction) if found to have insufficient staffing. The legislation received a DO PASS recommendation but with a vote of 6-3. Chairman Watson will carry the legislation in the Senate.

House Judiciary - Non-Civil - Leverett Subcommittee

Chairman Rob Leverett (R-Elberton) and the subcommittee met to take up the following bills:

  • SB 335, authored by Senator John Albers (R-Roswell), amends O.C.G.A 16-6-22, “Safeguarding Adopted Children from Sexual Violence Act.” This legislation was brought because of the concern a judge raised. Taylor Hawkins, from Frontline Policy Council, fully endorsed the legislation and feels that it is a loophole that needs to be closed. It received a DO PASS recommendation.
  • SB 421, authored by Senator Clint Dixon (R-Buford), amends O.C.G.A. 16-10-28 - anti-swatting bill. It is personal, as he was swatted twice over the holidays. Senators Kim Jackson, Kay Kirkpatrick, and John Albers were also swatted. It makes it a felony for such, increases the associated penalties, and addresses restitution. No one spoke to the legislation. The initiative received a DO PASS recommendation as presented.
  • SB 512 and SR 616, authored by Senator Shawn Still (R-Norcross), were presented jointly. SB 512, which amends Chapter 21 of Title 15, came to the Committee in the form of a substitute. The substitute combines four bills now traveling as one initiative except for the constitutional amendment- Victims of Human Trafficking Fund and the Victims of Human Trafficking Fund Commission with a Constitutional Amendment for creating the fund. LC 48 1272S substitute on SB 512 was the version of the legislation considered by the Subcommittee. Convicted civil forfeiture will be how the fund is funded. This specifies as it relates to human trafficking. CJCC provides education on identification and reporting. Representative Neal asked about liability and what happens when there is no compliance with training. Representative Deborah Silcox (R-Sandy Springs) indicated that the state does not have an enforcement mechanism for the bill as it would be costly. Thus, it would be required that the industry show compliance. Turnover in the hospitality industry is 30 percent or higher annually. CJCC will produce a video and can get employees to watch a video. Thus, they would show compliance with the training for liability purposes. Representative Matt Reeves (R-Duluth) asked if a fiscal note was required; no, it does not need a fiscal note because civil forfeitures are already permitted. Chairman Tyler Paul Smith (R-Breman) asked about lines 52-59 and whether it was a revenue bill; it is not an allocation of funds from the state. Reeves/Silcox Amendment proposed strikes, at line 199, GBI, and inserts Criminal Justice Coordinating Council. And at line 80, the amendment adds that at least one of the members shall be an advocate for victims of human trafficking. Taylor Hawkins, with Frontline Policy Council, also spoke in favor of these bills, as human trafficking is a grave offense. Paying for services for those who have been victimized is welcomed. Street Grace, represented by Julianna McConnell, spoke to the efforts with endorsement of the proposals. Representative Reeves noted that Street Grace is in his district, which does great work fighting human trafficking. Chris Hardman with the Georgia Hotel and Lodging Association supported the bill and commended Senator Still for the legislation, which is his Association’s number one priority not just in the state but nationally. Jennifer Bivens, with GNESA, indicated that having advocates on the Commission is important. A motion was made DO PASS; amendments were offered. Representative Silcox offered her changes at line 82, adding two advocates for victims of human trafficking (who are the appointees of the President of the Senate and Speaker of the House), and at line 199, changing GBI to CJCC. The Silcox Amendment was adopted. SB 512, as amended, received a DO PASS recommendation. SR 616 also received a DO PASS recommendation without discussion. It may be early next week before the full Committee takes up these measures.

House Industry and Labor Committee

Chairman Bill Werkheiser (R-Glennville) called the House Industry and Labor Committee to order Wednesday afternoon to discuss the following:

  • SB 384, authored by Senator Billy Hickman (R-Statesboro), amends Title 45 relating to labor practices relative to public officers and employees. This measure seeks to create the Georgia as Model Employer (GAME) Program. The GAME Program will be developed and implemented by the State ADA Coordinator. This is to increase employment opportunities for those with disabilities for state jobs. This measure seeks to increase training and provide advancement for employees. Representative Sam Park (R-Lawrenceville) asked on line 75 if there is a reference to pay levels and if there were designated pay levels. Representative Josh Bonner (R-Fayetteville) asked if the state does not hire those with disabilities. He further expressed concerns with quotas. This is to promote more proactive hiring practices. Another example is providing ramps to offices and ensuring websites are accessible to those with visual impairments. Representative Bonner asked about a fiscal note. The Lieutenant Governor's Office has shared a fiscal note for the ADA Coordinator of $20,000. Senator Hickman explained that 20 states already use this model. Representative Dewey McClain (D-Lawrenceville) asked about recruiting and marketing. It would be the individual agencies. Representative Leesa Hagan (R-Lyons) asked what unreasonable accommodations would be. Unreasonable would be something impeding one from doing their job. Darcy Robb from the Council of Developmental Disabilities and a person with disabilities expressed support for the measure. The measure received a DO PASS recommendation, with one in opposition.

Senate Finance Committee

Chairman Chuck Hufstetler (R-Rome) called Senate Finance to order Wednesday afternoon to discuss several measures:

  • HB 808, authored by Representative Mike Cheokas (R-Americus), amends Title 48 relating to tangible property. The measure seeks to increase the statewide exemption for tangible personal property. It would increase the statewide exemption over time, beginning with $7,500 to $20,000 and then in $15,000 yearly increments until it is phased out entirely by 2028. This would not apply to vehicles, agriculture equipment, or aircraft. The measure received a DO PASS recommendation, with one in opposition. Senator John Albers will carry the measure in the Senate.
  • HB 814, authored by Representative Beth Camp (R-Concord), amends Title 48 regarding qualified investment property. This measure would create a tax credit to offset taxes levied on rural broadband facilities and infrastructure, which would only apply to rural counties and grantees of the American Rescue Plan or the Broadband Equity Access and Deployment Program. The measure was held for further discussion.
  • HB 871, authored by Representative Clay Pirkle (R-Auburn), amends Code Section 48-5-48 to clarify homestead exemption regarding the death of a spouse. This is aimed at helping surviving spouses of qualified disabled veterans to be able to relocate to another homestead and retain their exemption. This was the first hearing on the measure.
  • HB 1052, authored by Representative Chas Cannon (R-Moultrie), allows in O.C.G.A. 48-5-7.4 flexibility for family farms under COUVA and maintains the existing COUVA provisions. ACCG is supportive of the initiative. Senator Shelly Echols (R-Gainesville) clarified that the measure has nothing to do with actions on the land. That is correct. Senator Blake Tillery (R-Vidalia) asked if he owned 500 acres in an easement. The measure seeks to prevent business entities from owning and using easements to own the property. The measure was held for further consideration.
  • HB 1090, authored by Representative Mark Newton (R-Augusta), amends Title 48 and the “Fostering Student Success Act.” The measure seeks to help children who age out of foster care. The measure cleans up the definition of aging foster children and includes justice-involved youth. The measure opens the tax credit to business entities to support young adults, refines the definition of wraparound services, and includes mentorship services. A substitute version was presented to the committee. Tom Rawlings, the former DFCS Director, joined Representative Newton to discuss the new version. Changes include the following:
    • Lines 20-22 contain changes to include foster children aged 16-18 and former foster children up to and including age 25 (the intent is to include DJJ youth).
    • Line 88 adds daily living essentials and clothing to wraparound services.
    • Line 90 increases the aggregate amount of tax credits to 30 million from 20 million.
    • Lines 225-226 add language to ensure nonprofits certify they only keep a maximum of 20% of contributions received.
    • Lines 267-268 contain new language to address double dipping.

The bill was held for further review and will be discussed again on Monday. Additional changes are expected, including a sunset and another amendment by Senator Brandon Beach (R-Alpharetta).

  • HB 1181, authored by Representative Chuck Martin (R-Alpharetta), amends Title 48 to limit carry-forward periods of certain income tax credits. The measure received a DO PASS recommendation, with three in opposition.

Senate Regulated Industries and Utilities Committee

Chairman Bill Cowsert (R-Athens) and the Senate Regulated Industries and Utilities Committee took up only one bill:

  • HB 1339, authored by Representative Butch Parrish (R-Swainsboro), is the result of a House Study Committee on CON Modernization. The legislation amends Chapter 6 of Title 31, addressing the “certificate of need” for healthcare facilities and services in the state. This legislation is a result of a report generated from that Study, which contained 28 findings that were supported by all Study Committee Members. The legislation modifies, simplifies, and streamlines the CON program. Chairman Cowsert asked about changes implemented in the Substitute adopted by the House; Representative Parrish indicated that those were mostly technical changes. The House voted the legislation out by a vote of 166-1. Chairman Cowsert indicated that the priorities of the Senate were obstetrics and pediatrics care because of the concerns around maternal health; he asked if the Senate could loosen up those provisions, and Representative Parrish indicated that he was willing to talk about the proposal. Senator Frank Ginn (R-Danielsville) inquired about the replacement of equipment, which he acknowledged was expensive. Senator Matt Brass (R-Newnan) inquired about the indigent care commitment of 5 percent, which Representative Parrish indicated seemed fair. Senator Brass expressed that he did not feel that the legislation would fill in the gaps or address horizontal growth (he agreed with mental health and substance abuse and possibly obstetrics but felt like the other subspecialties are missing). Representative Parrish argued that this legislation was a very good start to move along, and this can be looked at over time - he feels like a measured approach will work well for the state.

Brian Looby, an attorney with the Private Practice Physicians Association, expressed that he did not find the bill objectionable but felt like physician-owned ASC and research entities discussed in the Senate Study are not addressed. He expressed that opening regulations for multi-specialty ASCs should be done, and research entities should be exempt from CON.

Hillary Dong of the Georgia Budget and Policy Institute spoke to the legislation. She acknowledged the creation of the Comprehensive Health Coverage Commission included in the legislation. However, it does not go far enough — it is time to close the closure gap. 2 million Georgia Medicaid enrollees would also get assistance with the passage of a new federal law with an increased federal match. There would be huge economic benefits in closing the coverage gap. Chairman Cowsert asked if the Georgia Budget and Policy Institute had language that it would like in the legislation.

Nikaela Frederick, deputy director for the Georgia Council on Aging, spoke in support of the legislation.

Ken Basille, a chiropractor with a medical management company in Georgia, spoke about imaging centers and asked for consideration of those. He is thrilled about changes in the legislation and did not speak against the legislation. He, however, requested that the legislation exempt outpatient imaging centers (MRI and CT).

Anna Adams, Georgia Hospital Association, participated in conversations for over a year on modernizing and streamlining the CON program. There are a couple of recommendations that GHA would like to offer. CON is a path to entry and not a barrier. The legislation, as passed by the House, is an excellent start. There are about 175 hospitals in the state; GHA represents many of them. Not all of those facilities are acute care hospitals. In the last year, there have been some facilities which have done some creative things to remain open. A new federal designation has been created - two hospitals have taken advantage of that new designation (they have converted from acute care hospitals to rural emergency departments); no closures have occurred in the last 12 months.

Monty Veazey spoke on behalf of the Georgia Alliance of Community Hospitals (around 90 across the state). The Alliance and GHA are working together on HB 1339 and appreciate the hard work and effort the House has expended. He also mentioned some technical changes which his members would like to see.

No vote was taken today on HB 1339. A meeting will occur on Monday at 9:30 a.m. and CON will be taken up with a vote at that time. A new substitute will be offered.

Representative Parrish was asked about the cost of Medicaid expansion. He indicated that was something to talk about.

Senate Public Safety Committee

Chairman John Albers (R-Roswell) and the Public Safety Committee met this afternoon. Chairman Albers introduced Senator Tim Bearden, who is a former member of the Georgia House of Representatives, 20-year member of law enforcement, and served as an ED of the Public Safety Training Center. Senator Bearden is the newest Senator, taking the seat formerly held by Senator Mike Dugan (R-Carrollton). The committee will meet next Wednesday and Thursday. The committee took up these measures:

  • HB 1100, authored by Representative Kimberly New (R-Villa Rica), is LC 39 4235 and it is a Department of Revenue bill that does four things - DOR and Driver Services can opt into electronic notices; clarifies that vehicles titled to Gov entities (transparency of tax dollars); includes trailers into “fleet status;” and provides authority to allow electronic transfer of titles setting up e-titling. The legislation had no public comment; it received a DO PASS recommendation. Chairman Albers will carry the bill in the Senate.
  • HB 1239, authored by Representative J. Collins (R-Villa Ricca), is the Japanese mini-vehicle legislation in Title 40. It allows these vehicles to be on Georgia county roads and city streets as long as local governments do not prohibit such. The vehicles have many safety features such as airbags, etc. DOR brought an issue to Representative Collins and asked that some additional language be added to address tag concerns. DOR’s Austin Gibbons provided some explanation on the additions requested. DOR would like to see a crackdown on temporary operating permits as there are some fraudulent activities with the printing of temporary operating plates (known as TOPS) used for criminal activity purposes. It allows the DOR to go into the DRIVE system to shut down bad actors. Special Agent Peoples from DOR discussed the issues seen with TOPS and his communications with other state law enforcement agencies, DEA, and FBI. Representative Collins indicated that he had conversations with the Used Car Dealers Association, which blessed the changes offered. The legislation received a DO PASS. Senator Bearden will carry the legislation in the Senate.
  • HB 1188, authored by Representative Jodi Lott (R-Evans), (LC 39 4347S) is the initiative in Chapter 8 of Title 35, allowing GPSTC a post-certified law enforcement unit and allows a reimbursement of training costs of officers (moving from 15 months to 36 months and addresses pay for these individuals receiving training for up to 60 days). The Sheriffs Association brought this legislation along with the Chiefs of Police to Representative Lott. The legislation received a DO PASS recommendation. Senator Bearden will carry the legislation in the Senate.
  • HB 1303, authored by Representative Patty Stinson (D- Butler) (the LC considered was 39 4327 S a substitute), is a special license plate proposal promoting various special entities, including the Shepherd Center, in O.C.G.A. 40-2-86. Senator Kim Jackson (D-Stone Mountain) asked about the other three plates added. Representative Viola Davis (D-Stone Mountain) asked about the overall process of the license plates and revenue sharing. Abigail Thompson, with the Shepherd Center, spoke in favor of the legislation and asked the Committee to support the initiative. The legislation received a DO PASS recommendation. Senator Shawn Still (R-Norcross) will carry the legislation in the Senate.

There will be additional meetings next week.

House Insurance Committee

Chairman Eddie Lumsden (R-Aramuchee) called the House Insurance Committee to order Wednesday to discuss the following:

  • SB 307, authored by Senator Kay Kirkpatrick (R-Marietta), amends Title 33 regarding prior authorizations. The measure is also known as the “gold card bill.” The measure requires insurers operating in the state to create and register a prior authorization program with the Department of Insurance. It would allow providers a more streamlined way for approval. This has been passed in other states and does not change the quality of care a patient should receive. A substitute was presented to change the effective date. The substitute received a DO PASS recommendation.

Senate Children and Families Committee

The Senate Children and Families Committee, chaired by Senator Kay Kirkpatrick (R-Marietta), was called to order Thursday afternoon to discuss the following:

  • HB 1010, authored by Representative Jan Jones (R-Milton), amends Title 45 to increase the amount of paid parental leave. Two-thirds of state employees are female. The measure seeks to increase paid parental leave to six weeks for full-time state employees who have been employed for at least six months and given birth to or adopted a child. Senator Jason Esteves (D-Atlanta) asked for an amendment to allow for notice to be provided to employees. Representative Jones said she would be neutral and prefers that notice be provided during open enrollment. Senator Kim Jackson (D-Stone Mountain) asked why six weeks was chosen. Representative Jones felt it was reasonable, and neighboring states just increased to six weeks. Senator Max Burns (R-Sylvania) expressed concern about being competitive and liked the balance struck in the bill. An amendment was made after “use” on line 35 to add a new subsection: “the employing entity shall provide notice of the benefits provided under this code section to each eligible employee upon hiring and annually thereafter.” The amendment passed. The measure received a DO PASS recommendation.

House Ways and Means Committee

Chairman Shaw Blackmon (R-Bonaire) called the full committee of Ways and Means to discuss the following:

  • SR 82, authored by Senator Carden Summers (R-Cordele), is a constitutional amendment to waive delinquent taxes to allow properties to return to their original taxing ability. Currently, a county cannot waive taxes on an individual property. For some, the taxes are too high for someone to buy the property at a tax sale. This measure seeks to allow municipalities to waive taxes on a per-property basis to either zero or an amount they are comfortable with. To prevent “gaming the system,” provisions are included to penalize individuals, reducing the taxes to receive a cheaper.

Representative Penny Houston (R-Nashville) asked why they would not be added to a land bank. Dante Handel from ACCG explained that some counties cannot pull together to create a land bank, so this would be for them. Representative Scott Holcomb (D-Atlanta) asked about properties owned by corporate structures. Representative Beth Camp (R-Concord) asked for an example of when personal property was this delinquent. Representative Clint Crowe (R-Jackson) highlighted some high-cost personal property that would be included in this measure. Chairman Blackmon asked if the author was amendable to changes to the ballot question. Representative Houston asked if this would impact the heirs' property. This is primarily for derelict property. Representative Dale Washburn (R-Macon) wanted to ensure the deed would be the same as a normal deed. Betsy Bradford, on behalf of the Georgia Realtors, expressed support for the measure. This was a hearing only, so no action was taken on the measure.

  • SB 366, authored by Senator Chuck Hufstetler (R-Rome), amends Title 28 to create the “Tax Transparency Expenditure Act of 2024.” The measure seeks to review tax credits biennially, to create a joint committee to review them, to include more credit information in the budget, and to increase the number of tax credits reviewed.

Representative Kasey Carpenter (R-Dalton) asked about the DOR utilization report. Representative David Knight (R-Griffin) asked how much the changes to the budget would cost. Senator Hufstetler explained that it would likely not require new software but add information. Representative Clint Dixon (R-Jackson) asked about the increased cost for the two additional analyses. There is no fiscal note for the two additional credits. This was the first hearing on the measure, so no action was taken.

House Juvenile Justice Committee

The House Juvenile Justice Committee, chaired by Representative Mandi Ballinger (R-Canton), was called to order Thursday to discuss the following measures:

  • SB 342, authored by Senator Randy Robertson (R-Catuala), amends Title 49 to authorize the disclosure or use of information from child abuse and neglect registries by the Department of Human Services to locate, recover, or provide services to a child determined to be missing or a victim of sexual exploitation. This legislation will help bring Georgia into compliance with federal Title 4(e) funding requirements. The measure received a DO PASS recommendation.
  • SB 387, authored by Senator Kay Kirkpatrick (R-Marietta), amends Titles 40 and 49 on state identifications for those in foster care. Senator Kirkpatrick explained that there are difficulties with obtaining those IDs. This bill is based on Arizona law. It waives requirements for parents to sign for children ages 14-17 when in DFCS custody or when they do not have a residence address to get the identification and waives the requirements of a fee to be collected. It also requires that DFCS provide photo identification to that child, and that child must have such identification within 90 days of entering foster care. DFCS is supportive of the bill. The measure intends to help with runaways, promote children obtaining employment, etc. The measure received a DO PASS recommendation.
  • SB 401, also authored by Senator Kirkpatrick, amends Title 15 and is the result of the Study Committee and the “shot clock” on dependency. Data reporting requirements were passed previously, but no statewide system reports juvenile court data. Those courts operate differently than other courts and are more county-dependent. The Office of the Child Advocate brought the data collection issue to the General Assembly’s attention, and there was no uniform statewide data collection. Information is needed so that the General Assembly can better address what is missing. Sections 2-4 eliminate service-by-publication requirements for adjudication proceedings. Senator Kirkpatrick noted that publication can slow things down. It should take 15 days once a child is removed, and a listing will be made on all things causing the removal. Several systems are used, which are different from the superior court system utilized for capturing information. The measure received a DO PASS recommendation.
  • SB 483, authored by Senator Bo Hatchett (R-Cornelia), amends Title 39 to enter into the Interstate Compact for the Placement of Children. Currently, Georgia participates in an interstate compact that has been in place for decades. Section 1 of the measure creates the new compact, while the following sections create repeals of the initial compact to implement the new one outlined in Section 1. The measure received a DO PASS recommendation.

New Legislation

The following new legislation of interest has been introduced in the House:

H.B.1452

Education; annually increasing maximum age of eligibility for certain state funded special education programs to 30 years; provisions

Rep. Houston Gaines (R-120)

https://www.legis.ga.gov/legislation/68633

The following new legislation of interest has been introduced in the Senate:

S.B.574

Alcovy Judicial Circuit; counties that make up said judicial circuit to provide additional investigators to the district attorney; authorize

Sen. Brian Strickland (R-017)

https://www.legis.ga.gov/legislation/68628

S.R.727

Georgia's Creative Economy Senate Study Committee; create

Sen. Derek Mallow (D-002)

https://www.legis.ga.gov/legislation/68622

What’s Next

The General Assembly will reconvene for Legislative Day 32 on Friday, March 8 at 10 a.m.

The House is expected to take up the following measures on Legislative Day 32:

  • HR 1066 - Iranian people; desire for a democratic, secular, and non-nuclear Republic of Iran; express support
  • SB 19 - Courts; collection of passport application and processing fees by clerks of superior courts and probate court judges; provide
  • SB 334 - "Helping Firefighters Beat Cancer Act"; enact
  • SB 389 - Georgia National Guard; adjutant general to be the official sponsor of the state-sponsored life insurance program; provide

The Senate is expected to take up the following measures on Legislative Day 32:

  • HB 876 - Banking and finance; update terminology; revise procedures; provisions
  • HB 1162 - Internal Revenue Code and Internal Revenue Code of 1986; revise terms and incorporate certain provisions of federal law into Georgia law
  • HB 1078 - Buildings and housing; provide circumstances under which a manufactured or mobile home shall become real property
  • HB 43 - Council on American Indian Concerns; revise membership

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. Attorney Advertising.

© Nelson Mullins Riley & Scarborough LLP

Written by:

Nelson Mullins Riley & Scarborough LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Nelson Mullins Riley & Scarborough LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide