The Georgia House and Senate chambers were abuzz today as skies cleared and legislators continued to settle into a steady pace of floor action. Taking up ten propositions between the two bodies, representatives and senators moved nimbly between issues like driver licenses for veterans to eligibility for the Judicial Retirement System to childhood cancer awareness. Of particular note were adoptions of legislation allowing the Teachers Retirement System to invest up to 5% of assets in alternative investments (SB 294, passed by a 34-19 vote in the Senate), the “Georgia Right to Shop Act” relating to nonemergency health care pricing (SB 303, passed by a 51-1 vote in the Senate), and another attempt to tweak the TAVT regime first implemented in 2013 to replace Georgia’s birthday tax on motor vehicles (HB 779, passed by a 157-1 vote in the House). We’re only through the second of a five-day legislative work week; keep following along with the #GoldDomeReport.

In today’s Report:

• Committee Reports
• New Legislation
• Rules Calendars for Legislative Day 19

Committee Reports
Senate Regulated Industries

The Senate Regulated Industries Committee, chaired by Sen. Bill Cowsert (R-Athens), took up multiple measures today.

• SB 375, authored by Sen. Jeff Mullis (R-Chickamauga), increases penalties for the possession of tobacco by minors. Sen. Mullis explained this bill is intended to impact the vaping epidemic in schools. Sen. Steve Gooch (R-Dahlonega) noted that he would like to see harsher penalties for individuals that sell these products to minors rather than the minors themselves facing strong penalties. The committee did not take action on SB 375.
• Next, the committee heard from Sen. Jesse Stone (R-Waynesboro) on SB 379 which updates the state’s regulations on barbers and cosmetologists. Sen. Stone walked committee members through the various changes in the bill including outlawing the use of live animals in certain beauty-based activities and increasing access to licensure for military spouses. The committee took no action on SB 379.
• Next, Sen. John Wilkinson (R-Toccoa) presented SB 385 which prevents the commercial combustion of wood treated with certain products. He explained that this bill principally applies to railroad ties which are often treated with these products. Sen. Wilkinson was joined by Rep. Alan Powell (R-Hartwell) who spoke in favor of the bill. He explained that facilities in his district were burning these treated woods leading to dangerous emissions. Sen. Frank Ginn (R-Danielsville) explained the background on the facilities during his time as Franklin County manager. The committee heard testimony from multiple individuals on both sides of the issue including citizens of the affected areas and industry professionals. Because the committee lost a quorum during the testimony, no action was taken on the bill. Chairman Cowsert explained that he expects action will be taken at the committee’s next meeting on Thursday.

House Regulated Industries Committee

The House Regulated Industries Committee, chaired by Rep. Alan Powell (R-Hartwell), met to consider several propositions today:

• HB 486, authored by Rep. Dale Washburn (R-Macon), amends Title 43 to change the power and duties of the Division of Electrical Contractors as to the approval of continuing education courses. The bill also restricts certain advertising activity. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HB 752, authored by Rep. Dave Belton (R-Buckhead), amends Title 43 relating to background checks for physical therapists and psychologists. The legislation is a clean-up provision that will allow the respective licensing boards to work with the Georgia Bureau of Investigation and Federal Bureau of Investigation to conduct background checks on license applicants. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HB 816, authored by Rep. Karen Mathiak (R-Griffin), amends Title 14  to provide that chiropractors may own professional corporations with physicians. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Energy, Utilities, and Telecommunications Committee

The House Energy, Utilities, and Telecommunications Committee, chaired by Rep. Don Parsons (R-Marietta), met to consider several propositions today:

• HB 899, authored by Rep. Rick Williams (R-Milledgeville), amends Title 46 to increase the civil penalty for making certain prohibited telephone solicitations. Rep. Williams described the legislation as an “anti-spoofing bill” and explained that it raises the maximum penalty for spoofed calls from $2,000 to $5,000 for each knowing violation. There was conversation amongst Committee members about whether $5,000 is enough to deter behavior. Rep. Chuck Martin (R-Alpharetta) offered an amendment to change the maximum penalty from $5,000 to $10,000, and the amendment was adopted. The Committee recommended the bill DO PASS as Amended and be sent to the Rules Committee.
• HB 972, authored by Rep. Penny Houston (R-Nashville), amends Title 46 to provide for increased penalties for violations of pipeline safety standards and regulations prescribed and enforced by the Public Service Commission. Rep. Houston, presenting a substitute (LC 36 4308S), explained that the bill raises fines on large intrastate natural gas pipelines operated by Atlanta Gas Light and certain municipalities that deliver gas to other communities. The bill will allow for penalties not to exceed those provided for in 49 C.F.R. Section 190.223 (which was noted to be $2 million). Rep. Houston stated that this legislation would bring Georgia into federal compliance for these pipelines and allow the State to pull down additional federal funds for inspectors. Marisa Simpson of Atlanta Gas Light spoke in favor of the bill. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HR 1093, authored by Chairman Parsons, creates the Joint Study Committee on Cybersecurity. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

HB 465, the Georgia Water Customer Bill of Rights Act authored by Chairman Parsons on today’s agenda was not heard at this meeting.

House Health and Human Services Committee

The House Health and Human Services Committee met this afternoon to take up a number of proposals:

• HB 578, by Representative Katie Dempsey (R-Rome), seeks to amend O.C.G.A. § 49-2-14 so as to provide for the review of law enforcement date for individuals who seek to be volunteers, interns, students or employees with the Department of Human Services. This bill was originally introduced in 2019 and is a “compliance measure” to address conviction data of volunteers working with folks like the elderly and children and youth – this includes contractors’ volunteers.  The bill received a DO PASS for the Substitute, LC 33 8292S.
• HB 719, by Representative Deborah Silcox (R-Atlanta), seeks a modernization of Georgia’s HIV laws in Chapter 13 of Title 16. The goal is to align services and policies with the best public health practices. It does add that certain conduct by an individual who has HIV is unlawful if the conduct has a significant risk of transmission. This legislation addresses Georgia’s laws which were originally implemented in the 1980s and addresses criminal code changes so as to require an “intent to harm;” and addresses the needle exchange law passed in 2019. Addressing “exposure” and “disclosure” are critical components according to Rep. Dexter Sharper. The legislation received a DO PASS recommendation to LC 33 8281S.
• HB 849, by Representative Detetrius Douglas (D-Stockbridge), seeks to enact the “Authorized Electronic Monitoring in Long-Term Care Facilities Act” in Chapter 8 of Title 31. This bill was HELD and will be taken up at a meeting later this week.
• HB 932, by Representative Houston Gaines (R-Athens), seeks to update Georgia’s Podiatry Practice Act to, in part, allow that doctors of podiatry may join corporations of doctors of medicine or doctors of osteopathy in O.C.G.A. § 14-7-4(a). It also seeks to amend O.C.G.A. § 43-35-3 concerning amputations “distal to and including the tarsometotarsal joint is permitted if in a hospital or ambulatory surgery center. It strikes current law that the podiatrist must be certified by the board and such rules having been approved by the Composite Board of Medicine for such practice. Chairman Cooper presented the bill to the Committee as the author had to be in his District. The legislation received no questions and received a DO PASS to the substitute presented, LC 33 8290S.
• HB 987, by Representative Sharon Cooper (R-Marietta), seeks to provide additional protections for the elderly in Title 31. It also renames the State Board of Nursing Home Administrators to the State Board of Long-Term Care Facility Administrators and provides for the licensure of assisted living community administrators and certain personal care home administrators. Chairman Cooper thanked the news media for bringing the concerns to light the care being provided and about the need for regulation oversight of these entities. This legislation received a lengthy discussion and debate. Several entities supported the bill including the state’s Long-Term Care Ombudsman, Senior Living Association, Georgia Council on Aging, and Georgia Alzheimer’s Association. The Department of Community Health raised questions about the bill along with suggestions. Chairman Cooper indicated that she had received input from various sources in an effort to craft the legislation which was before the Committee in the form of a Substitute. There are fines increased for all facilities in the legislation; there are staffing requirements imposed of 1:15 and 1:20 depending on the time of day and to address “adequate” staffing needs of the resident. It requires “certification” of memory care center and imposes staffing requirements for dementia-trained staff with a ratio of 1:12, unless the residents have a higher acuity which dictates more staff. Several comments were made to the legislation as well as amendments offered, and adopted, which include: 1) language to address retaliation which may occur in O.C.G.A. § 30-4-4.1; 2) elimination of the “waiver” language in Section 2 as it is in conflict with the Administrative Procedures Act; 3) making a clarification that it is the “facility” volunteers in lines 11, 279 and 369; 4) addressing “limited nursing” in line 116 and defining with a cross reference to O.C.G.A. § 31-7-12.2(b); and 5) replacing language addressing the Board so as to include a healthcare professional with a minimum of a bachelor’s degree. This bill also received a DO PASS recommendation to the Substitute.

New Legislation

The following legislation of interest was introduced in the House today:

• HB 997, authored by Rep. Kasey Carpenter (R-Dalton), amends Title 20 to revise the definition of nonimmigrant aliens for the purpose of granting in-state tuition. This bill was referred to the House Higher Education Committee.
• HB 1001, authored by Rep. Valencia Stovall (D-Forest Park), amends O.C.G.A. 20-2-324.2 to require video monitoring cameras in classrooms used for special education services including speech and language impairment and intellectual disabilities. This bill was referred to the House Education Committee.
• HB 1002, authored by Rep. Brett Harrell (R-Snellville), amends O.C.G.A. § 48-7-27 to add Georgia income tax to the Georgia taxable net income to the extent that the tax was deducted in determining federal income tax. This bill was referred to the House Ways and Means Committee.
• HB 1007, authored by Rep. Demetrius Douglas (D-Stockbridge), creates a new Code section at O.C.G.A. 31-54-3 to require all coaches and volunteers that coach high-risk sports to undergo training on practices to decrease the likelihood that children will suffer injuries from participating in these sports. This bill was referred to the House Health and Human Services Committee.
• HB 1009, authored by Rep. Michael Smith (D-Marietta), creates a new Code section at O.C.G.A. § 40-6-328 to prohibit individuals operating personal assistive mobility devices from attaching the device to another vehicle or allowing another person to ride on the device. This bill was referred to the House Motor Vehicles Committee.
• HB 1010, authored by Rep. Kim Schofield (D-Atlanta), amends multiple Titles to prohibit the descrimnation of persons because of their traditional hairstyles. This bill was referred to the House Judiciary Committee.

The following legislation of interest was introduced in the Senate today:

• SB 427, by Senator Jeff Mullis (R-Chickamauga), seeks to insert a new Code section at O.C.G.A. § 49-4-159 so as to address pharmacy benefits under the Department of Community Health.  It requires that the Department engage an actuary to conduct an actuarial study which is to be completed no later than December 1, 2020 of the fiscal impact of carving out the pharmacy benefits from the state’s current Medicaid care management organizations and providing pharmacy benefits to care management organization members exclusively through the Department’s Medicaid fee-for-service program. If the results of the actuary review find that the savings to the state and federal government combine to be $20 million or more, then the Department is to provide pharmacy benefits for a care management organization’s members; if the savings are found to be annual savings of at least $10 million but less than $20 million then the Department has the authority but not the obligation to proceed with the carve out of the pharmacy benefits. This bill was referred to the Senate Health and Human Services Committee.
• SB 428, by Senator Bill Cowsert (R-Athens), seeks to prohibit the deceptive practice of musical performance groups advertising and appearing as the recording group without the recording group’s permission or denoting that it is a salute or tribute performance in O.C.G.A. § 10-1-303.16. This bill was referred to the Senate Regulated Industries and Utilities Committee.
• SB 429, by Senator William Ligon, Jr. (R-Brunswick), seeks to enact the Code revision clean up. This is an annual proposal looking for unconstitutional laws or those which have been preempted or superceded by subsequent laws. This bill was referred to the Senate Judiciary Committee.
• SB 430, by Senator William Ligon, Jr. (R-Brunswick), seeks to make changes under the “Quality Basic Education Act” to authorize home study students and private school students to take courses at a college and career academy in a new Code section at O.C.G.A. § 20-2-319.5.  This permission would be allowed in the college and career academy which is geographically located within the student’s resident school system as long as space is available in the course or courses. The home study students and private school students enrolled in courses in college and career academies are proposed to meet all the same requirements for enrollment and participating in a course and be subject to the school’s code of conduct. These students would be responsible for their own transportation to the college and career academy. Local boards of education are to earn FTE funds for each of these students enrolled. This bill was referred to the Senate Education and Youth Committee.
• SB 431, by Senator John Wilkinson (R-Toccoa), seeks to amend O.C.G.A. § 20-2-210(b)(2) regarding annual performance evaluations.  It defines the term for “on-time graduation rate” which is the “graduation rate of the four-year cohort of students that attend a school continuously from October 1 of the calendar year four years prior to the calendar year of the regular date of graduation of that cohort and graduate on or before that regular date of graduation. This graduation rate shall be calculated in addition to, and not as a substitute for, any other graduation rate provided for by federal, state, or local law or regulation.” This bill was referred to the Senate Education and Youth Committee.
• SB 432, by Senator Marty Harbin (R-Tyrone), seeks to address the Insurance Code and add a new Code section at O.C.G.A. 33-25-14.1 to require annual notification to policy owners and requested beneficiaries of the existence of such policies – this notice is to be mailed by first class mail at minimum to the last address of record of the policy owner with such insurer.  It also requires insurers to review the National Association of Insurance Commissioners life insurance policy locator on a quarterly basis. This bill was referred to the Senate Insurance and Labor Committee.
• SB 437, by Senator Brandon Beach (R-Alpharetta), seeks to enact a new Part 1 of Article 1 of Chapter 12 in Title 14 so as to provide for the formation of general cooperative associations.  This bill, if enacted, will be known as the “Georgia Cooperative Association Code.” The proposal also outlines the powers of the Secretary of State in providing the annual registration which is to be valid for a period of up to and including three years with the appropriate forms and fees paid. This bill was referred to the Senate Judiciary Committee.

Rules Calendars for Legislative Day 19

The House is expected to consider the following measures on Wednesday for Legislative Day 19:

• HB 521 — Professions and businesses; temporary licenses for dentists licensed in other states to provide dental care to indigent populations in this state; authorize (Substitute)(H&HS-Gaines-117th)
• HB 799 — Motor vehicles; prohibition regarding eligibility of certain violators to receive early reinstatement of their driver's licenses and limited driving permits; repeal (JudyNC-Blackmon-146th)
• HB 893 — Special Insurance Fraud Fund; frequency of assessments; reduce (Ins-Gambill-15th)

The Senate did not set a Rules Calendar for tomorrow due to the State of the Judiciary Address.