Gold Dome Report - Legislative Day 34 - March 2024

It’s beginning to look a lot like Christmas under the Gold Dome. December 25 may be nine months away, but Christmas trees are appearing everywhere. The most prominent bill so far passed out of the House Education Committee on Wednesday. SB 233, the "Georgia Promise Scholarship Act," returned as what Speaker Pro Tem Jan Jones (R-Milton) termed an "omnibus education bill." The measure still has a new voucher program, but it also adds in language from HB 941 and HB 1221 (which did not make it out of the House this spring) and two other legislative provisions just now seeing the light of day. Whether the additions actually improve the bill’s prospects is yet to be seen, but we’re watching committees closely for more fun and games as adjournment sine die approaches. Watch along with us 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 34:

• SB 171 - Development Authorities; the length of a director's hold-over period following expiration of term of office; limit — PASSED 174-1
• SB 205 - Funeral Directors and Embalmers; reinstatement of a lapsed funeral director's license; change provisions — PASSED 171-1
• SB 232 - Courts; provide for probate court fees; funding of the State Children's Trust Fund; requirement of permit for conduct of fireworks display; amend — PASSED 168-1
• SB 342 - Child Abuse Records; child abuse and neglect registries; authorize the disclosure — PASSED 171-0
• SB 389 - Georgia National Guard; adjutant general to be the official sponsor of the state sponsored life insurance program; provide — PASSED 174-0
• SB 430 - COVID-19 Pandemic Business Safety; provisions for rebuttable presumptions of risk by claimants in certain COVID-19 liability claims; revise — PASSED 146-27
• SB 483 - Minors; enter into the Interstate Compact for the Placement of Children; definitions; provisions; provide — PASSED 173-0

The Senate took up the following measures on Legislative Day 34:

• HB 481 - Public Retirement Systems Investment Authority Law; provide for a fiduciary duty — PASSED 50-0
• HB 982 - State Workforce Development Board; publish a High-demand Career List most critical to the state's current and future workforce needs; require — PASSED 53-1
• HB 985 - Georgia Higher Education Assistance Corporation; abolish — PASSED 55-0
• HB 1100 - Revenue, Department of; authorize use of electronic notifications and communications to motor vehicle owners; provisions — PASSED 53-1
• HB 1303 - Special license plates; Shepherd Center; establish — PASSED 46-9
• HR 1113 - Property; granting of nonexclusive easements; authorize — PASSED 54-0

Committee Reports

House Education Committee

The House Education Committee, chaired by Representative Chris Erwin (R-Homer), met on Wednesday to consider two measures.

Before the committee took up business, Chairman Erwin recognized Speaker Jon Burns (R-Newington) to offer some remarks. The speaker, acknowledging this was his first Education Meeting to attend, explained that he is “thoroughly convinced” SB 233 can make a difference in this state. He thanked his House colleagues who voted for the bill last year, as well as the 16 House Republicans who voted no and agreed to dialogue with leaders to improve the bill. Speaker Burns highlighted a few of the additions to the substitute bill to be presented to the committee, including codifying teacher pay raises and capital funding for pre-K classrooms.

• SB 233, authored by Senator Greg Dolezal (R-Cumming), is the Georgia Promise Scholarship Act. The bill amends Title 20 to establish a new educational voucher program for K-12 students.

Speaker Pro Tem Jan Jones (R-Milton) presented the substitute (LC 33 9709S) to the committee, beginning by highlighting all the ways the state already pays toward tuition for Georgia students attending certain private schools and colleges. The substitute includes several changes from the original version of the bill, including establishing a Georgia Education Savings Authority under the Georgia Student Finance Commission to administer the new voucher program. Speaker Jones explained that the core of the voucher program remains essentially the same, including the same amount of $6,500 per student per year, priority for students from families making less than 400% of the federal poverty level, and eligibility limited to students from schools in the bottom 25% in performance. She indicated that she also added a funding cap that will limit funding to 1% of annual QBE appropriation and a sunset after 10 years (with grandfathering for students participating at the time of sunset).

Speaker Jones called the substitute an “omnibus education bill”, as it also includes a codification of Governor Brian Kemp’s teacher pay raises in the statutory QBE formula and provision for the use of capital funds to build pre-K classrooms from HB 941. The substitute also includes “public school choice” as proposed in HB 1221, with a limit on tuition that can be charged by receiving school districts. Finally, the substitute triples the existing public school tax credit from $5 million to $15 million and designates that $10 million of funds be reserved for schools at the lowest 25% of performance.

Representative Scott Hilton (R-Peachtree Corners) posed a series of leading questions to reiterate the state’s full funding of the QBE formula over six of the last seven years and comment on the General Assembly’s “dedication to public schools and public school funding.” Representative Mesha Mainor (R-Atlanta) highlighted the increases to the statutory QBE formula weights for special education and ESOL students. Representative Will Wade (R-Dawsonville) emphasized the support for all education, including public schools, in the bill and limits on funding to 1% of QBE allocations. He also highlighted the “accountability measures” included on page 18 of the bill. Representative Becky Evans (D-Atlanta) asked whether the existing teacher pay raises depend on the amendment to the QBE weights and confirmed that there will be some students who are eligible for the voucher without ever attending a public school (particularly 4-year-olds who matriculate into the program). Representative Lydia Glaize (D-Fairburn) proposed an amendment that would require private schools receiving public funds to admit any student who applies, which Speaker Pro Tem Jones said she would not support.

Representative Hilton moved that the bill DO PASS, and Representative Glaize offered her proposed amendment, which was rejected. Representative Doreen Carter (D-Lithonia) offered an amendment that any participating private school employ only certified teachers, which was rejected.

The committee recommended the bill DO PASS by a 13-7 vote and be sent to the Rules Committee.

• SB 464, authored by Senator Clint Dixon (R-Gwinnett), establishes the School Supplies for Teachers Program. The bill was amended on the floor in the Senate to also incorporate language requiring all school districts use a single, free universal screener for literacy as required by HB 538 last year. This measure passed out of the Curriculum Subcommittee, where a more robust discussion was held. The measure was amended to include date changes on lines 29 and 35. The measures received a DO PASS recommendation, with two in opposition.

House Education Committee - Curriculum Subcommittee

The Curriculum Subcommittee of the House Education Committee, chaired by Representative Bethany Ballard (R-Warner Robins), met on Tuesday to consider one measure:

• SB 464, authored by Senator Clint Dixon (R-Gwinnett), establishes the School Supplies for Teachers Program. The bill amends Title 20 to create a program to provide financial and technical assistance to educators who purchase approved school supplies online from a qualified vendor. The program would be subject to appropriation. The bill was amended on the floor in the Senate to also incorporate language requiring all school districts to use a single, free universal screener for literacy as required by HB 538 last year.

Senator Billy Hickman (R-Statesboro) presented the bill to the subcommittee as a substitute (LC 50 0845S), particularly focusing on the universal screener requirement he promoted for inclusion in the Senate. Senator Hickman said that the Deal Center has already graded existing literacy screeners, and it does not make sense for the Department of Education to develop its own. The substitute presented to the subcommittee changes the single universal screener provision to a requirement that the department identify a list of five screeners, one of which must be free, no later than May 15, 2024. Each school district may then choose from the five identified screeners.

Claire Buck of the Georgia Association of Curriculum and Instructional Supervisors spoke on the bill, explaining that many districts have spent substantial time and effort on selecting a universal screener and called for local control. Josh Stephens of the Professional Association of Georgia Educators expressed support for the underlying School Supplies for Teachers Program and highlighted that their member survey shows support for HB 538 and its implementation as passed. Steve Tippins, representing Class Wallet, spoke in favor of the bill. Matt Cardoza of the Georgia Department of Education spoke and noted that its vendor, DRC, creates the Georgia Milestones exams and has already conducted thousands of field tests of the screener it developed and has trainings planned for the summer to allow August implementation. Scott Johnson of the Georgia Literacy Council spoke and said that we need an established, proven literacy screener now.

Representative Doreen Carter (D-Lithonia) moved to strike all language in the substitute relating to the literacy screeners, but the motion failed. The subcommittee recommended the bill DO PASS by Substitute 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 Tuesday to consider one measure:

• 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.

Representative Scott Hilton (R-Peachtree Corners) presented the bill to the subcommittee as a substitute (LC 49 1867S) and proposed amendments in recognition of conversations that the author had with the Georgia Emergency Management and Homeland Security Agency. The amendments provide an additional year for implementation and require that mobile panic alert systems integrate with existing 911 technology infrastructure. GEMA appeared and confirmed support for the bill with the proposed amendments.

Representative Will Wade (R-Dawsonville) offered the proposed amendments, which were adopted. The subcommittee recommended the bill DO PASS by substitute as amended and be sent to the full Education Committee.

House Juvenile Justice Committee

The House Juvenile Justice Committee, chaired by Representative Mandi Ballinger (R-Canton), met on Tuesday to consider the following:

• SB 376, authored by Senator Blake Tillery (R-Vidalia), amends Title 15 relating to foster care. The measure seeks to clarify all points on the case plan. The substitute adds on line 40 substantial progress on the parents' plan when making determinations and findings. On lines 59-61, if the court finds the lack of substantial progress, changes were made to accommodate DFCS, creating a dual track to work towards reunification or loss of parental rights. At lines 94 and 119, there was an addition for periodic review hearing and permanency review hearing. On lines 99-204, Senator Tillery explained that sometimes, at the termination of rights hearings, the parent is asked if they are willing to adopt the child. In a foster care setting, that will work, but not in a setting where the child is living with a relative. There are times when the relative wants to avoid adopting but will continue to care for the child. In this situation, the department currently has to look for another home. This change allows the child to remain with the relative without requiring adoption. In lines 237-245, if the department's substantial progress is not being made and guardian ad litem, a judge can appoint.

Representative Rhonda Taylor (D-Conyers) asked about the definition of substantial progress. Senator Tillery explained it was more than what was being done right now. Representative David Wilkerson (D-Powder Springs) asked about lines 56 and 57; there was an initial review and subsequent review and they clarified that the bill moves substantial progress up. Senator Tillery explained that the goal is to ensure that parents are not just meeting one at a time. Representative Wilkerson further asked that they are moving the benchmark which Senator Tillery agreed with.

Troup County Juvenile Court Judge Michael Key expressed support for the measure and discussed the statutory time frames with each case with regard to the plans.

The measure received a DO PASS recommendation and will be carried out by Representative Joseph Gullett (R-Dallas).

• SB 230, authored by Senator Matt Brass (R-Newnan), amends Title 49 relating to the Foster Parent Bill of Rights. The intent of the measure is not to create legal rights but for the parents and advocates to work in better conjunction with the Department and hopes to increase the number of foster homes. Senator Brass explained the changes by line. Lines 19-20 define volunteer advocates. Lines 12-13, 21, and 29 define foster parent and relative caregiver. Lines 51-52 add the relative caregiver to the bill of rights. Lines 130-138 create a better procedure for foster parents violating policy and not caring for children and creating a process for review. Lines 139-144 create more flexibility with who can assist parents with DFCS agreements. This is to include a certified advocate. Line 148 highlights the independent legal advice. Lines 145-146 prohibit discrimination. Lines 157-160 and 172-177 include foster parent advocacy organizations.

Representative Dar'shun Kendrick (D-Lithonia) asked about a date in the bill. An amendment will be required to update the date she highlighted. Representative Jodi Lott (R-Evans) asked about the number of foster homes. There are somewhere between 10,000-12,000 homes. Chairlady Ballinger asked if the author would be amenable to removing certification. Senator Brass explained he wanted some level of certification but was amenable to lessening the burden.

An amendment was offered to change the dates to 2024 in lines 160 and 176. The measure received a DO PASS recommendation as amended. Representative Marcus Wiedower (R-Watkinsville) will carry the measure.

• SB 454, authored by Senator Brian Strickland (R-McDonough), amends Title 19 to better align state law with federal law. The measure is being promoted by the Child Support Commission. Senator Strickland explained that child support is determined by entering someone's incoming into a table. The impetus for this was that federal law requires the state to do an economic study. This is a result from the 2022 study. The bill updates the table to adjust the expenses to raise a child and increases the floor from $30,000 to $40,000. The measure also changes parenting time deviation to a parenting time adjustment because of the variation between counties. This is to codify it and to be consistent around the state. We are one of eight states that do not do this. Along the same lines, low-income deviation is changed to low-income adjustment to be consistent around the state.

Representative Esther Panitch (D-Sandy Springs) asked if these were monthly numbers and if parenting time deviation would still require an explanation. These are monthly numbers. With the deviation, it has to be specifically requested and it is under a judge's discretion. The state is seeing more 50/50 parenting time. There would not be specific findings of fact for the adjustment. Representative Panitch followed up asking if the earlier numbers were reduced and inquired about the cost in the new table. The new table is developed by an expert economist. At $5,400 and below, the table does reduce support slightly. At that point and above, it increases significantly. These are purely economic recommendations. Representative Joseph Gullett (R-Dallas) asked if someone is on 100% disability, how it played into child support, and if they are not a veteran but are on social security. Is there anything non-disability-wise that goes into the calculation? They were not aware. Representative Gullett asked about enforcement and collection. The measure does not address those. Representative Jodi Lott (R-Evans) asked how gross income is calculated with inflation. The economists have determined the calculation is best handled at the gross level. There are adjustments made for self-employment and other things.

General Council at the Department of Human Services Regina Quick provided more context to some of the questions that were asked. She also highlighted a need to make a few amendments relating to arrears and lump sum payments citing cases. Those were in lines 511 and 536 by changing "shall not" to "may" and also in lines 512 and 537 by adding child support amount. This was a policy discussion the committee debated. Senator Strickland explained he knew of the concern from his conversations with the commission but this had not been raised in the Senate and it was the first time he was hearing of it in regard to this bill. He understood that it was a decision the committee could make.

Chairlady Ballinger proposed amendment one on line 511 striking “shall not” and inserting “may.” This amendment failed. She also proposed amendment two on line 513 by adding after arrears “final child support amount.” This amendment failed. The chair offered amendment three on line 536 replacing “shall not” with “may.” This amendment failed because there was no motion. Finally, amendment four on line 538 adding after arrears “final child support amount” was proposed by Chairlady Ballinger. This amendment failed. The measure received a DO PASS recommendation and will be carried by Representative Houston Gaines (R-Athens).

• SB 520, authored by Senator Bill Cowsert (R-Athens), amends Title 19 regarding child support recovery. The measure seeks to align state and federal law. The income dedication order is used to obtain child support. Federal law uses income withholding instead of income dedication, so the state needs to use its nomenclature. Lines 33-36 reference the federal form for calculating this. Commonly this is signed by a judge. These are not filed with the court because of their personal financial information. Representative Rob Leverett (R-Elberton) clarified enforcement. The measure received a DO PASS recommendation and will be carried by Representative Wiedower.

Senate Insurance and Labor Committee

The committee, chaired by Senator Larry Walker (R-Perry) voted out five bills Wednesday afternoon.

First, it passed HB 984, by Representative Eddie Lumsden (R-Armuchee). This will allow the use of police vehicles by off duty officers, in certain circumstances, and provide for insurance for that purpose. It also provided that individual and group health could include dependents, who were disabled past the age of 18.

The committee then passed HB 1049, by Representative Bruce Williamson (R-Monroe), to permit insurance companies to transfer parts of their books of business to other insurers, when a company is insolvent.

Next, the committee passed HB 1125 brought by Representative Sharon Cooper (R-Marietta) which raised the wages paid by sheltered workshops for disabled citizens. These are being phased out in favor of placing disabled persons in regular employment, but the bill allowed a larger wage to be paid for the remaining sheltered workshops.

The committee next turned to the Back the Blue Fund, HB 935, brought by Representative Ken Vance (R-Milledgeville) which allows donations to be made to sheriffs for bonuses to law enforcement personnel when the person buys a license plate.

Finally, the committee passed the governor's tort reform bill, HB 1114. The measure authorizes the Insurance Commissioner to collect data from tort insurance companies about judgments they have paid and analyze the data. The thought is that this state of collection can precede additional tort reforms. Some skepticism was raised about the ability of an insurer to report the information required by the bill, but it passed five to one.

House Regulated Industries - Regulatory Subcommittee

The Regulatory Subcommittee, chaired by Representative Ginny Ehrhart (R-Marietta), was called to order Tuesday to discuss the following:

• SB 502, authored by Senator Clint Dixon (R-Gwinnett), amends Title 50 to prevent agencies and departments from marketing with or contracting for advertising with certain companies. The measure seeks to ensure state agencies hire certified companies to promote information equally to Georgians and to prevent an advertising agency from using a blacklist. A substitute was presented (LC 47 3026S) containing language to prevent state entities from purchasing equipment from certain foreign adversaries, which are listed in the bill.

John Simpson from Newsmax Media and Taylor Hawkins from Frontline Policy Action expressed support for the measure.

The substitute received a DO PASS recommendation with one in opposition.

Senate Children and Families Committee

Chairman Kay Kirkpatrick (R-Marietta) and the Children and Families Committee met on Tuesday, taking up only one bill:

• HB 499,authored by Representative Bill Hitchens (R-Rincon), amends Article 1 of Chapter 6 of Title 19 regarding alimony and child support to authorize support and insurance policies for dependent adult children. It establishes a legal proceeding to bring an action to establish support for a dependent adult child, who may bring the action, and a time frame during which such proceedings may be brought. The court is allowed, in its discretion, to direct either or both parents to provide financial assistance in the form of support to a dependent adult child. Support ordered after a dependent adult child reaches 18 years of age is required to be paid only to the dependent adult child or his or her appointed guardian advocate, guardian, or agent under a durable power of attorney; provided, however, that the court in its discretion, may irrevocably assign the support to a special needs trust (per 42 U.S.C. 1396p(d)(4)(A) or 1396p(d)(4)(C) for the benefit of the dependent adult child by the dependent adult child, his or her agent under a durable power of attorney, the court, a parent or grandparent, a guardian, or a guardian advocate who has been delegated those rights in order to maintain the dependent adult child’s means-based government benefits. It is not to be paid to the family support registry. Representative Hitchens indicated that the reason for this bill was personal to him due to a friend’s situation with a disabled adult child. The legislation cleared the committee in the form of a new substitute, LC 57 0117S, receiving a DO PASS recommendation.

House Ways and Means Committee

Chairman Shaw Blackmon (R-Bonaire) called the House Committee to order Tuesday to discuss the following:

• HB 1375, authored by Representative Yasmin Neal (D-Jonesboro), amends Code Section 48-8-3 regarding capital outlay funds. The measure seeks to add construction material for education projects to the list of state sales tax exemptions. Representative Chuck Martin (R-Alpharetta) asked about removing local tax. No action was taken on this measure.
• SB 366, authored by Senator Chuck Hufstetler (R-Rome), amends Title 48 to create the "Tax Expenditures Transparency Act of 2024.” A new Substitute was presented. Chairman Blackmon explained the changes. Starting in section two the only change removes the budget requirement. In section three an adjustment on the economic analyses to increase them to twelve and adds language from HB 581 to ensure an objective perspective on those with a sunset and credits with an excess of $20 million. The changes also include considerations for the analyses, and with the joint review, creates a deadline by the end of January for the analyses. LC 50 0853S received a DO PASS recommendation.

House Public Safety & Homeland Security Committee - Dean Greene Subcommittee

The Dean Greene Subcommittee of the House Public Safety & Homeland Security Committee, chaired by Representative Gerald Greene (R-Cuthbert), met on Tuesday to consider one measure:

• SB 406, authored by Senator Clint Dixon (R-Gwinnett), amends Title 38 to establish a grant program to fund the creation of school mapping data for inclusion in the state-wide first responder building mapping information system. The grant program would require appropriations. The bill also provides for standards for school mapping data.

Representative Rick Townsend (R-Brunswick) presented the bill to the Subcommittee, and Alex Carnie with CRG Solutions provided testimony as a potential vendor. Representative Bill Werkheiser (R-Glennville) asked whether school safety funding provided by the state could be used to finance this mapping, to which Representative Townsend said yes. Representative Clint Crowe (R-Jackson) asked about the accessibility and security of these maps. Representative Ken Vance (R-Milledgeville) asked how these maps would differ from those previously required, to which Carnie explained key operational elements that these maps would have that were not previously required. In response to a question from Representative Jodi Lott (R-Evans), Carnie explained that the cost for mapping is approximately $4,000 per school. Representative Townsend reiterated that there are multiple vendors who can provide these mapping services.

Chris Stallings, Director of the Georgia Emergency Management and Homeland Security Agency, spoke to the bill, explaining that GEMA is most interested in ensuring that mapping and other emergency response materials are accessible and usable by first responders of varying levels of sophistication.

Chairman Greene asked that Representatives Crowe and Vance work with Representative Townsend to address the data security concerns so that the subcommittee can vote on a clean bill. No further action was taken on the bill.

House Higher Education Committee

Chairman Chuck Martin (R-Alpharetta) and members of the House Higher Education Committee took up the following measures on Wednesday afternoon:

• SB 112, authored by Senator Jason Anavitarte (R-Powder Springs), creates the "High School Diploma for Adult Learners Act" in Chapter 4 of Title 20 in an effort to address workforce issues. There were amendments made to raise the age of the participants from over the age of 21 to the age of 45 years (previously 35 years) and amend the pilot date. There were questions raised by Representative Clay Pirkle (R-Ashburn) about whether a pilot program conducted by TCSG had an outcome date; Senator Anavitarte indicated that he was unaware of any such data. This program, however, will help individuals receive high school diplomas. There were other questions about eligibility; those eligible will be individuals who otherwise could receive HOPE. Senator Anavitarte indicated Governor Kemp had proposed $5 million for this effort in his budget, which the House had reduced to $625,000. The Senate will increase this funding in the FY 2025 Budget. The new substitute LC 33 9700S received a DO PASS recommendation. Representative Ron Stephens (R-Savannah) will carry the legislation in the House.
• SB 385, authored by Senator Rick Williams (R-Milledgeville), addresses Georgia Military College’s programming in O.C.G.A. 20-3-560. The measure seeks to increase access to their online school. Changes were made to include a Bachelor of Applied Science and also addresses reporting deadlines, moving from September 1 to September 30. Representative David Knight (R-Griffin) raised concerns about allowing more TEG students. Representative Ginny Ehrhart (R-Marietta) offered two amendments clarifying the inclusion of the Bachelor of Applied Science degree. It received a DO PASS recommendation even though there were two no-votes.
• SB 399, authored by Senator Shelly Echols (R-Gainesville), is the legislation to expand credit opportunities for students. Specifically, the legislation amends Chapter 4 of Title 20 to:

“encourage and state expectations for the Board of Regents of the University System of Georgia, units of the University System of Georgia, and local boards of education to enter into and amend existing agreements with the State Board of the Technical College System of Georgia and units of the Technical College System of Georgia for awarding postsecondary course credits that are transferable between the university system and the technical college system and between units thereof.”

The legislation received no changes and received a DO PASS recommendation. Representative Matt Dubnik (R-Gainesville) will carry the bill in the House.

• SB 469, authored by Senator Jason Esteves (D-Atlanta), removes the current cap on 529 plans, known as the “College Success 529 Expansion Act” in O.C.G.A. 20-3-634(b), which allows a maximum as determined by the board. The bill was presented as a new Committee Substitute, LC 50 0857S. Further, an amendment was made by Representative Marcus Wiedower (R-Watkinsville) to increase the amounts for contributions for an individual to $5,000 and joint to $10,000. There was no discussion, and the legislation received a DO PASS as amended.
• HR 1384, authored by Representative Shaw Blackmon (R-Bonaire), seeks to create the House Study Committee on Assessing the Semester and Quarter Systems at USG and TCSG Institutions. This legislation was HEARING ONLY and will be heard again on Monday.

Senate Regulated Industries Committee

Chairman Bill Cowsert (R-Athens) and members of the Senate Regulated Industries Committee took up the following bills on Tuesday afternoon:

• HB 844, authored by Representative Ginny Ehrhart (R-Marietta), amends Title 43 to create the Practice of Nutrition and Dietetics Act. The measure would repeal the 1981 version and reinstate it with modernized language including standards and practices, tailoring medical nutrition therapy, providing pathway for licensure for qualified professionals, and providing clarity on unlicensed professionals on scope and practice. Currently, there is confusion with the code. Jet Toney with the Georgia Academy of Nutrition and Dietetics provided historical context on the measure and expressed support. Robin Steagall, a registered dietitian, also expressed support and gave her perspective.
• HB 300, authored by Representative Trey Kelley (R-Cedartown) amends Title 46 for the Solar Technology Trust Fund. This measure now seeks to protect landowners. When the lease agreements expire, the land is returned to its original condition. This measure follows a Texas model, which creates surety bonds for this. Chairman Cowsert asked if this was already included in lease agreements. Representative Kelley explained it was not uniform and that this would be for agreements moving forward. Line 103 contains a change if the parties agree to waive or modify to return land through a notarized agreement filed with the clerk of the court to be a separate agreement at the end. LC 55 0300S received a DO PASS recommendation and will be carried by Chairman Cowsert.
• HB 1344, authored by Representative Katie Dempsey (R-Rome), amends Title 37 and is the House version of SB 336. The agency measure has four main components. First, it amends membership of the Behavioral Health Coordinating Council to allow appointed members to delegate a representative. It deletes two reporting requirements which are now duplicative. It allows the board governing LMFTs to waive certain experience for certain individuals moving to Georgia. On lines 38-39 and 41 an amendment adding additional agency members to the Council passed. The measure received a DO PASS recommendation as amended and will be carried by Senator Kay Kirkpatrick.
• HB 1190, authored by Representative J Collins (R-Villa Rica), amends O.C.G.A. 43-1-2 adding a new subsection (m) to allow the Professional Licensing Board Director to issue a license “if a professional licensing board has not made a determination as to whether to grant a license within 60 days of the date of the receipt of an application and the information and documents required to be submitted with such application verifying that all requirements for the issuance of such license have been met.” A representative from the Secretary of State’s Office spoke in favor of the measure. The measure received a DO PASS recommendation.
• HB 441, authored by Representative Katie Dempsey (R-Rome), amends Chapter 11 of Title 43 to authorize and regulate teledentistry. The measure seeks to improve access in underserved areas and create a network to improve the profession. Senator Carden Summers (R-Cordele) asked to waive the second hearing rule. The chair waived the rule seeing no objection. The measure received a DO PASS recommendation and will be carried by Senator Shawn Still (R-Norcross).
• HB 349, authored by Representative Al Williams (D-Midway), amends Chapter 10 of Title 43 to allow a licensed master barber or barber II to operate a mobile barber shop under certain conditions. It does not lower any quality measures or requirements. The measure received a DO PASS recommendation and will be carried by Chairman Cowsert.

The following bills were “HEARING ONLY”:

• HB 1294, authored by Representative Clay Pirkle (R-Ashburn), amends Chapter 23 of Title 50 to authorize the authority to finance and perform certain duties in connection with projects relating to natural gas facilities. This is a recommendation of the Rural Development Council. Some communities do not have any additional capacity. This measure provides GEFA the ability to improve this opportunity.

Neil Herring of the Sierra Club expressed concern over the measure.

• HB 809, authored by Representative Alan Powell (R-Hartwell), amends Chapter 28 of Title 43 to authorize occupational therapists to perform dry needling as a physical agent modality with certain education and training requirements.

Mark Swartz the Georgia Association of Acupuncture and Asian Medicine expressed concern with this measure and explained this began in 2011 and in 2016 the American Medical Association reported acupuncture and dry needling are indistinguishable. A medical doctor in Georgia who wants to practice has to take a 300-hour class. An individual who wants to be licensed can go take a weekend class to become licensed for the upper body. Azure Duan from the Chinese Acupuncture Alliance of Georgia expressed concern and noted that Georgia has stricter laws including postgraduate supervision with additional criteria.

An occupational therapist came forward and explained their degree requirements. Chairman Cowsert asked how their training worked. It requires a graduate degree plus the extra 26 hours for dry needling. Tom Bauer with the Georgia Occupational Therapy Association provided additional context and expressed support for the measure. Chairman Cowsert asked about the difference between occupational and physical therapists. Occupational therapists are trying to return people to work and to perform a specific function.

Representative Powell explained occupational therapists are not claiming to be acupuncturists. Senator Ed Harbison (D-Columbus) asked about the 26 hours and if OTs would reduce their requirement to becoming an acupuncturist. Representative Powell did not think an OT would be taking this course to become an acupuncturist but to add to their toolbox. Physical therapists are allowed to do dry needling now. Representative Powell explained no doctors in the House raised concern.

Senate Health and Human Services Committee

Chairman Ben Watson (R-Savannah) and the Senate Health and Human Services Committee met on Wednesday afternoon, hijacking some bills for proposals that had otherwise not moved through the process:

• HB 663, authored by Representative Matt Hatchett (R-Dublin), is the “No Patient Left Alone Act” written into Article 16 of Chapter 7 of Title 31. It establishes a new category of caregiver known as the designated essential caregiver so that no child or adult patient will be left alone in a hospital or long-term care facility. Representative Hatchett explained the genesis of the legislation, noting that his own long-time best friend would have otherwise died during the COVID-19 pandemic but for his wife advocating for his needs and his mother who died alone as he was prohibited from visiting her in the hospital. Several individuals shared their stories as well to the committee on how if such law had been placed their loved ones would not have suffered and died while being prohibited from visiting. Senator Ed Setzler (R-Acworth), who authored HB 290 in 2021, also shared his desire to assure that individuals have the absolute right to have an advocate in a healthcare setting and that this legislation is a step in the right direction. The legislation received a DO PASS after amendments were made changing references in the bill requiring the Department of Public Health to post informational materials and requiring the Department of Community Health to assume those duties. Senator Bo Hatchett (R-Cornelia) will carry the bill in the Senate.
• HB 215, authored by Representative Alan Powell (R-Hartwell), is the legislation written into Chapter 26 of Title 43 to provide for licensure for advanced practice registered nurses. This legislation was gutted and SB 524, authored by Senator Jason Anavitarte (R-Powder Springs), was added. SB 524 is written into Chapter 31 of Title 31 to create the establishment of the Georgia Community Health Worker Certification Committee. HB 215 received a DO PASS recommendation in the form of its new substitute. No comments were made.
• HB 143, authored by Representative Danny Mathis (R-Cochran), seeks to include continuous glucose monitors as a pharmacy benefit for Medicaid recipients in Chapter 4 of Title 49. This language was moving in another bill; it was gutted. SB 481 was added in its place, which was authored by Senator Mike Hodges (R-Brunswick). SB 481 provides in Chapter 10 of Title 49 for the establishment of the Georgia Health Care Professionals Data System. Senator Kay Kirkpatrick (R-Marietta) noted that this was a great tool that will be overseen by the Georgia Board of Healthcare Workforce and provide information to the state on where there are provider gaps. The legislation received a DO PASS recommendation for the new substitute.
• SR 658, authored by Senator Tonya Anderson (D-Lithonia), is the resolution recognizing April 2024 as Minority Health Month. The idea is to raise awareness and hopefully reduce disparities in healthcare. The resolution received a DO PASS recommendation.

New Legislation

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

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

What’s Next

The General Assembly will reconvene for Legislative Day 35 on Thursday, March 14 at 10 a.m.

The House is expected to take up the following measures on Legislative Day 35:

• SB 387 - Identification Cards; certain applicants who are either homeless or in the legal custody of the Division of Family and Children Services do not require signatures; provide
• SB 448 - Official Code of Georgia Annotated; revise, modernize, correct errors or omissions in, and reenact the statutory portion of said Code, as amended, in furtherance of the work of the Code Revision Commission
• SB 450 - Courts; property, and wills, trusts, and administration of estates; neither superior court nor a state court shall have appellate jurisdiction pursuant to Chapter 3 of Title 5; clarify

The Senate is expected to take up the following measures on Legislative Day 35:

• SR 687 - University of North Georgia and the University System of Georgia Board of Regents; name a certain building after former Speaker David Ralston; urge
• HB 244 - Board of Natural Resources; effective date for certain rules and regulations; extend
• HB 880 - Professions and businesses; military spouses to use an existing license in good standing from another state; allow
• HB 995 - Education; administration of a nationally recognized multiple-aptitude battery assessment that predicts success in the military to certain public school students; require
• HB 1192 - Sales and use tax; certain high-technology data center equipment; prohibit issuance of new certificates of exemption
• HB 1339 - Health; certificate of need; revise