Children’s Healthcare of Atlanta therapy dog Uno reacts to a long week at the Capitol while colleague Reggie looks on.
Thursday was Congenital Heart Defect Day at the State Capitol, an opportunity for Children’s Healthcare of Atlanta to spotlight one of the most frequently occurring birth defects and bring their signature Hope and Will characters and members of the Canines for Kids team to walk the marble halls. As the festivities wound down, therapy dog Uno captured how most lawmakers and lobbyists feel at the conclusion of the session’s fifth week. While most of us are fortunate to not have heart defects, many of us are suffering from exhaustion and looking for a cool place to lie down.
After wrapping up floor sessions that saw passage of a handful of bills, representatives and senators stuck around late into the afternoon to continue to advance legislation through committee. Details on the latest Do Pass recommendations in this #GoldDomeReport.
In this Report:
- Floor Action
- Committee Reports
- New Legislation
- What’s Next
Floor Action
The House took up the following measures on the floor on Legislative Day 16:
- HB 119 - Uniform rules of the road; procedure for passing stationary vehicles; provide (MotV-174th). The bill passed by a vote of 167-0.
- HB 120 - Motor vehicles; standards for issuance of limited driving permits for certain offenders; provide (MotV-174th). The bill passed by a vote of 169-2.
- HB 175 - Motor vehicles; federal regulations regarding safe operation of commercial motor vehicle and carriers; update reference date (MotV-117th). The bill passed by a vote of 175-0.
- HB 183 - Motor vehicles; temporary license plates and operating permits; revise terminology (MotV-5th). The bill passed by a vote of 171-0.
The Senate took up the following measures on the floor on Legislative Day 16:
- SB 3 - "Reducing Barriers to State Employment Act of 2023"; enact (GvtO-56th). The Committee Substitute amended on the floor passed by a vote of 49-1.
- SB 23 - O.C.G.A.; various titles; revise a committee name; relating to inactive boards, panels, authorities, centers, commissions, committees, councils, task forces, and other such bodies; provisions; repeal (GvtO-32nd). The Committee Substitute passed by a vote of 50-0.
Committee Reports
Senate Children and Families Committee
Chairman Kay Kirkpatrick (R-Marietta) led her first Committee meeting today. The first order of business was the adoption of the Committee Rules. SB 64, regarding adoptions and birth certificates by Senator Randy Robertson (R-Cataula), was held at the request of the author today and will be heard next week.
Dr. John DeGarmo spoke to the Committee as the director of the Foster Care Institute and lived the life of a foster care parent for 60 children. There is a foster care crisis due to the number of children coming into the system and not enough foster care parents. People quit foster parenting because they did not get the support services needed and the individuals working in the system (caseworkers) do not have enough resources. There is anxiety being placed into a foster care home and many questions if the situation is their fault. Reunification is the end goal only 50% though achieve that. Fifty-five percent who age, or transition out, drop out of school. Reading and math skills are struggles for these children. Seventy-five percent end up incarcerated. Foster parents need the right supports to care for the children placed in their homes. Thus, they need to be supported, trained, and equipped. Outside sources need to be brought in. Every single community is impacted. He stressed the need to bring in the faith community and schools to help these children and families. This is the beginning of a long, complicated conversation. Foster care can be fixed and reformed. Senator Kim Jackson (D-Stone Mountain) asked questions about the burdensome rules to become a foster parent — like not being able to keep family pets. There have to be requirements for individuals to be foster parents, per Dr. DeGarmo, and there may be modifications to those rules. Senator Bo Hatchett asked what the biggest improvement that Dr. DeGarmo would like to see — two parts — need more foster care parent supports and caseworkers are overwhelmed and need fewer numbers on their caseload. We need more caseworkers in the system and that’s the case across the country. Senator Jason Estevez asked about what the current supports were provided. Dr. DeGarmo mentioned the various challenges that children have when they arrive, and the foster parents need the training to be better equipped to help these children. Senator Nikki Merritt mentioned de-institutionalization which was attempted in Georgia with the closure of facilities and the fallout for children to be placed who need help. What can the state do to stop hoteling of children today? You need more foster parents, per Dr. DeGarma, and many will not take teens due to stigma issues. It would be advantageous to provide more supports.
John Constantino, MD, from Children’s Healthcare of Atlanta, spoke to the Committee. Dr. Constantino serves as the System Chief of Behavioral Health. Senator Estevez questioned the timing of the implementation of definitive treatment, which is seven years after it starts — we wait until a catastrophe. The system was not owning the advances made. Thus, it needs more support and more costly to the system. Suicide rates go up and more are entering the emergency departments. Senator Chuck Payne (R-Dalton) asked how you make the generational gap for the children. Courts have little discretion over parents. Dr. Constantino indicated that both need to be included in the targeted portfolio of services. Transgenerational issues are present — much are part of the gene pool of the child and there are environmental issues. Senator Derrek Mallow (D-Savannah) mentioned the collaboration issues in his area. In particular the obtaining and sharing of medical records. He also mentioned the Medicaid rates paid are so low that many providers will not take those covered individuals. Dr. Constantino agreed that information management is needed.
SR. 76, by Senator Kirkpatrick (R-Marietta), is urging a resolution about training coaches who are involved with children and youth. There is an epidemic of youth sports injuries — many are causing liability to the state. The resolution urges the training of the coaches; there is a wide availability of programs. Steve Card spoke to the Resolution as the Executive Director for the Georgia Recreation and Park Association, which has 204 agencies and 2000 members. The organization serves several hundred thousand athletes across the state. Bethany Sherrer from the Medical Association of Georgia supported the Resolution, as it is incredibly important to protect the youth in the state. There were no questions following her decision to support. The Resolution received a DO PASS recommendation and passed unanimously.
House Education Committee
The House Education Committee, chaired by Representative Chris Erwin (R-Homer), met to consider two bills on Thursday:
- HB 81, authored by Representative John Corbett (R-Lake Park), amends Title 20 to revise the eligibility criteria for certain capital outlay grants for low-wealth school systems. Specifically, the bill allows schools that are in the lowest 25% SPLOST and property collections to get buildout of new facilities. It also permits consolidations of schools, but facilities are to be at least 35 years old.
Representative Corbett presented the bill to the Committee, explaining that it passed through the House last year. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
- HB 87, authored by Representative Chris Erwin (R-Homer), is the Nontraditional Special Schools Act. The bill revises and repeals certain provisions for alternative charter schools and provides for the continued operation of credit recovery charter schools like Mountain Ed, Coastal Plains, and Foothills. The bill establishes regions for these schools to operate as well as other parameters for their continuance.
Representative Erwin presented the bill to the Committee, explaining that the bill will help credit recovery high schools continue to operate and allow for other districts across the state to take advantage of these types of programs. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
Senate Regulated Industries Committee
Chairman Bill Cowsert (R-Athens) called the Senate Regulated Industries Committee to order for a hearing-only meeting.
- SB 99, authored by Greg Dolezal (R-Cumming), amends Code Section 31-6-47 of the O.C.G.A. This measure would exempt acute care hospitals in rural counties from Certificate of Need (CON) Laws. The measure includes provisions that in case of an established rural hospital no longer meets this definition, the hospital could continue its operations. The bill's impetus is a district-specific issue arising out of Butts County. Chairman Cowsert asked if this bill would apply to any rural county. Senator Dolezal affirmatively responded by saying it would with any county with a population under 50,000 people and reiterated it would be a full exemption for those counties.
Anna Adams from the Georgia Hospital Association expressed concern and explained that her Association would like to discuss this issue further and research how this bill would impact each rural county. Chairman Cowsert asked about acute care facilities and what that meant. Senator Ed Harbison (D-Columbus) asked if the facility Senator Dolezal mentioned would accept Medicaid and Medicare. Under this bill, the new facilities created would. Senator David Lucas (D-Macon) asked if CMS had removed the 35-mile radius rule. Adams explained this radius is a state rule and what Senator Lucas was referring to was a CMS rule relating to critical access hospitals.
Leo Reichert, counsel from WellStar, expressed concern and noted this change would harm the facilities in Butts County and Spalding County. Reichert added a new element to the conversation: the workforce. Adding a new hospital to any community creates more competition for resources. This type of legislation forces hospitals like WellStar to make tough decisions and reconsider investments in communities. Reichert noted that the Spalding Hospital would be harmed and cautioned the committee to review this carefully. They also discussed the possibility that private investment would be used to construct the new hospital, but WellStar has had no such discussions directly about this financing. Senator Cowsert pointed out the legislature is constantly discussing rural hospital closures and what can be done to help them. Senator Matt Brass (R-Newnan) asked about the mileage and if 20 miles was better than 10 miles, which is the distance between the proposed hospital and Spalding Regional. He compared to the replacement in Columbia County which underwent the CON process. Mr. Reichert said the 20-mile distance in Augusta did work.
Tamara Ison, the WellStar President for Sylvan Grove and Spalding Regional hospitals, spoke to the Committee, noting her concerns and the potential new facility which this legislation would create. She read a letter from their local hospital authority board outlining its concern. Senator Cowsert clarified with Ison this authority sold the hospital. Reichert interjected that even though the authority is no longer directly involved with a hospital, it continues to have a duty to the health of the community.
Tim Kibbler, with the Georgia Alliance for Community Hospitals, also expressed concern. He highlighted workforce challenges that Georgia currently has, and should this law be changed, there would be added issues in locating providers. The Alliance looked at this definition of a rural county and based on the definition, this could apply to 120 counties, not just 50 counties. There are 50 counties without hospitals in rural counties, and this legislation could dramatically change the healthcare ecosystem. Kibbler hoped that there would be efforts to compromise and welcomed any conversations. Chairman Cowsert asked Kibbler to share any suggestions with the author to narrow the bill potentially. Senator Brass asked in Kibbler’s experience if a newer facility has a better draw for staff. Kibbler felt that many themes impact where someone goes to work, such as salary, location of one's home, and of course, newer facilities. Kibbler reiterated the hospitals in Jackson and Butts County could be harmed by this.
Senator Dolezal wanted to clarify that he meant 54 rural hospitals, not rural counties. He noted that the goal is to serve those in the community. He shared that a Butts County Commissioner explained that the Sylvan Grove Hospital serves nine counties with limited services and does not meet the community's needs. Senator Dolezal also wanted those using the argument that this bill would cause community harm as a reason not to make any changes to consider their motivation.
- SB 95, authored by Senator Randy Robertson (R-Catula), seeks to amend the Solid Waste Trust Fund in Code Section 12-8-37.1 of the O.C.G.A. The measure removes solid waste and abatement of litter and re-centers the fund to scrap tire abatement. Senator Robertson felt that currently, the money is dedicated to other issues and is not focused on what it should be. Chair Cowsert cautioned Senator Robertson and Legislative Council about the constitutionality of changing the dedication of funds. Allie Kelley from the Ray Anderson Foundation noted that the dollar on tire sales provides 90–99% of funds for this trust fund, with some money coming from landfill fines. Instead of paying for scrap tire-related uses, this money has been going to other programs. This measure is to realign this code with its original intent. Chairman Cowsert asked how much Georgia receives from this fund. In FY22, $7.6 million was collected, with $2.817 million appropriated. Kelley felt that the $2.817 million was being spent by EPD on programs not related to nor dealing with tires.
The Committee adjourned with both of these bills remaining for further discussion.
House Insurance Committee
The House Insurance Committee, chaired by Representative Eddie Lumsden (R-Armuchee), met to consider two bills on Thursday morning:
- HB 63, authored by Rep. Noel Williams (R-Cordele), requires health insurers to provide claims experience to their employer customers for group insurance covering 20 or more persons. Currently, this requirement does not extend to insured groups this small, and an employer cannot receive data about his employee's health claims in previous years.
Representative Williams presented the bill to the Committee. In response to a question about whether this bill contains sufficient enforcement mechanisms, Representative Williams recited that the Commissioner of Insurance is interested in making sure an employer is able to see the data. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
- HB 85, authored by Representative Sharon Cooper (R-Marietta) requires health insurance coverage of biomarker tests to help tailor new medicines to specific disease conditions.
Representative Cooper presented the bill to the Committee, noting that biomarker testing is relevant as new gene-based medicines aimed at cancer and autoimmune diseases and can target the DNA of the tumor or disease. Providers are achieving much better results for patients with late-stage cancers than radiation therapy and traditional cancer drugs. There was poignant testimony in support of the bill by Representative Carl Gilliard (D-Garden City), whose Dad had been misdiagnosed with cancer and died from other causes after enduring painful radiation and chemotherapy, announced by his oncologist to be unnecessary the day of his death. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
Senate Public Safety Committee
The Senate Public Safety Committee, chaired by Senator John Albers (R-Alpharetta), met on Thursday afternoon to consider the following legislation:
- SB 63, authored by Senator Randy Robertson (R-Cataula), amends Title 17 to provide for the setting of bonds and schedules of bails. Specifically, the bill adds numerous offenses to the list of bail restricted offenses in O.C.G.A. 17-6-12 and limits and adds restrictions to the availability of unsecured judicial release.
Senator Robertson presented the bill to the Committee, explaining that it builds on legislation passed two sessions ago. Senators Harold Jones II (D-Augusta) and Kim Jackson (D-Stone Mountain) both asked about the inclusion of certain offenses in the list of bail restricted offenses (including criminal trespass, fray, reckless driving, and obstruction of an officer), and Senator Jackson further pressed the author on how individuals who have no money will get out of jail prior to adjudication. Senator Robertson suggested that charitable and indigent defense funds could provide the money necessary to bail such individuals out. Senator Jackson also inquired about the addition of domestic terrorism to the list of “seven deadly sins” at O.C.G.A. 17-10-6.1 as the offense is quite broad. Senator Robertson said he was comfortable with the breadth of the offense and its inclusion.
Judge Gary Jackson of the Atlanta Municipal Court appeared before the Committee to ask for an amendment to allow him to impose restrictions on individuals who appear before him and ask to bind their cases to state court. Two state court judges also appeared to point out technical challenges presented by the bill, including the limited availability of bail bonds for low dollar bail amounts. Ben Lynde of the ACLU of Georgia spoke in opposition to the bill, explaining that the bill will unfairly affect the poor and will create two tiers of justice, one for those who can pay bail and another for those who cannot. He also explained that individuals who are held even two to three days when they could have been released on an unsecured judicial release are 40% more likely to recidivate. Kaitlyn Malloy of the Southern Center for Human Rights also spoke in opposition to the legislation. Mazie Lynn Guertin of the Georgia Association of Criminal Defense Lawyers highlighted confusion on the scope of changes in Section 1 of the bill and concern over the breadth of the offenses added to the bail restricted offense list. Guertin also noted that the list of “seven deadly sins” to which domestic terrorism is being added is referenced 43 other times in the Code, so the impact is broad. Coco Papy of the Deep Center expressed concern about the fiscal impact and effect on jail overcrowding that the legislation will have. Isabel Otero of the Southern Poverty Law Center Action Fund noted that the provision implicating accountability courts and diversion programs is unlikely to help as articulated. She also suggested alternatives like reminder systems and information updates that can actually drive decreases in failure to appear. Terry Norris of the Georgia Sheriffs Association closed testimony by explaining that counties do bear the cost of housing prior to adjudication, but the Association is currently neutral on the bill.
The Committee took no action on the bill on Thursday.
Senate Judiciary Committee
The Senate Judiciary Committee met let Thursday afternoon to discuss several matters. Chairman Brian Strickland (R-McDonough)
- SB 31, authored by Senator Brandon Beach (R-Alpharetta), amends Article 1 of Chapter 18 of Title 15 to allow for the Attorney General’s Office to be reimbursed should a local District Attorney choose not to prosecute criminal cases. The intent of this bill emerges from local District Attorneys refusing to prosecute women who receive an abortion. Senator Beach’s goal is to ensure that District Attorneys are prosecuting all laws passed by the General Assembly, and if those laws are not prosecuted, that the offices that do be reimbursed for their work. This bill remained in Committee for further review and revisions.
- SB 59, authored by Senator Bo Hatchett (R-Cornelia), amends Chapter 12 of Title 45 of the O.C.G.A. This measure seeks to make changes to the Investigator Generals Office. It would designate this office as a law enforcement agency that can grant subpoenas and includes other responsibilities. The office currently operates under an Executive Order signed by then-Governor Sonny Perdue in 2003. This measure received a DO PASS recommendation.
New Legislation
The following legislation of interest has been introduced in the House:
The following legislation of interest has been introduced in the Senate:
What’s Next
The General Assembly will reconvene for Legislative Day 17 on Monday, Feb. 13, at 10 a.m..
The House is expected to consider the following measures on Legislative Day 17:
- HB 129 - Public assistance; expand temporary assistance for needy family’s eligibility criteria to pregnant women (PH-103rd)
- HB 139 - Criminal procedure; restrictions of disclosure of personal information of nonsworn employees; provisions (JudyNC-118th)
The Senate is expected to consider the following measures on Legislative Day 17:
- SB 21 - Georgia Veterans Service Foundation, Inc.; revise operations (Substitute) (VM&HS-32nd)
- SB 44 - Street Gang Terrorism and Prevention Act; mandatory minimum penalties for violations; provide (Substitute) (Judy-50th)
- SB 60 - Secondary Metals Recyclers; it shall be illegal for certain persons to purchase, possess, obtain, or sell or attempt to purchase, possess, obtain, or sell; provide (Substitute) (Judy-50th)
