Gold Dome Report – Legislative Day 19

Nelson Mullins Riley & Scarborough LLP

As the halfway mark of the 2023 legislative session nears, floor activity is picking up in the Georgia General Assembly. On Wednesday, each chamber took up several consequential measures. In the House, lawmakers approved legislation to preserve and grow credit recovery charter schools that serve students who have dropped out or are at risk of dropping out (HB 87) and require insurance coverage of biomarker testing (HB 85). The Senate signed off on bills that would extend the Georgia Smokefree Air Act to cover vaping (SB 47) and establish a state cause of action for unwanted telephone solicitations (SB 73). Afterward, committees continued to churn out DO PASS recommendations, which will provide plenty of bills and resolutions for potential floor consideration in the coming days. Keep tabs on what is moving and what is languishing in the #GoldDomeReport.

Each session, legislation is introduced that leaves lawmakers and lobbyists asking “is that really an issue that needs a legislative fix?” After all, solutions in search of problems are a staple under the Gold Dome. However, if there was any question that catalytic converter theft is a problem, the queries were answered by reports on Tuesday that the Oscar Mayer Weinermobile is the latest victim of a catalytic caper. But hot dog, the Georgia General Assembly is already cooking up solutions in HB 379 and SB 60, which criminalize the purchase and sale of used catalytic converters. We’ll see if legislators can roast this black market–auto owners will certainly relish the success.

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 19:

  • HB 85 - Insurance; require health benefit policy coverage for biomarker testing if supported by medical and scientific evidence (Substitute) (Ins-45th). The Committee Substitute passed by a vote of 172-2.
  • HB 87 - Nontraditional Special Schools Act; enact (Substitute) (Ed-32nd). The Committee Substitute passed by a vote of 170-0.
  • HB 91 - Wills, trusts, and administration of estates; notices to beneficiaries regarding issuance of letters testamentary; require (Judy-9th). The bill passed by a vote of 171-0.
  • HB 132 - Buildings and housing; amend Georgia state minimum standard codes to authorize certain uses of ungraded lumber; require (A&CA-136th). The bill passed by a vote of 173-0.
  • HB 182 - Property; curing defective deeds and other instruments; revise provisions (Judy-99th). The bill passed by a vote of 171-1.

The Senate took up the following measures on the floor on Legislative Day 19:

  • SB 47 - Offenses Against Public Health And Morals; vaping in restricted areas is a misdemeanor punishable by fine; provide (Substitute) (H&HS-52nd). The Committee Substitute passed by a vote of 51-3.
  • SB 59 - Governor; Office of the Inspector General; establish (Judy-50th). The bill passed by a vote of 54-0.
  • SB 68 - Racketeer Influenced and Corrupt Organizations; offense of dogfighting as racketeering activity; include (PS-25th). The Committee Substitute passed by a vote of 47-7.
  • SB 73 - Telephone Services; class action suits and for damages against certain persons for violating provisions relating to telephone solicitations; provide (Substitute) (RI&U-19th) The Committee Substitute passed as amended on the Senate Floor by a vote of 56-0.

Committee Reports

House Appropriations Committee - Health Subcommittee

Chairman Darlene Taylor (R-Thomasville) led today’s meeting of the Subcommittee. The Subcommittee focused on the FY 2024 budget.

The meeting began with a presentation by Department of Community Health Commissioner Caylee Noggle. As a note, she mentioned that the department has a 10 percent staff turnover rate. Aged Blind and Disabled still has fewer members but more expenses. The Office of Health Strategy and Coordination is now an independent budget item after being moved from under the Department of Community Health (“DCH”). In the Aged Blind and Disabled program, the FY 2024 enrollment growth is 25 percent higher than pre-covid, and $79 million is needed to cover the growing costs. FMAP nets $373 million with funding. She also shared information on the Directed Payment Programs with the Subcommittee. Representative Carolyn Hugley (D-Columbus) expressed her concern was the recertification of Medicaid enrollees with the unwinding of the public health emergency, acknowledging that Department of Human Services will do the manual redetermination of these members. Continuous eligibility ends at the end of March, so redeterminations will be done over the next 12-14 months. Georgia Pathways to Coverage, limited Medicaid expansion, will be an option for some of those individuals who are no longer eligible under Medicaid. She also raised questions on the study on rates for mental health providers; Commissioner Noggle acknowledged it was now public and on the website. The Tobacco Settlement funding, according to Representative Ron Stephens (R-Savannah), also decreases significantly in FY 2024. Representative Mark Newton (R-Augusta) discussed the changes and how Medicaid eligibility works - the size of a household does determine eligibility. Representative Debbie Buckner (D-Columbus) inquired about the State Health Benefit Plan and inclusion of the noncertified employees - the payment is $945 to $1580 per member per month. Chairman Taylor asked about the department’s staffing. 608 FTEs now at DCH (used to be closer to 800). Healthcare Facilities Regulation has the most vacancies (generally nurses or certified to conduct surveys (e.g., nursing homes). The state is also in short supply of budget and accounting personnel. The move to the Twin Towers from the 2 Peachtree St. location is a positive per Commissioner Noggle and a recruiting tool. Fees collected were also discussed; those collected are sent to the state’s treasury.

Next, the Subcommittee heard from the Georgia Board of Health Care Workforce. Chet Bhasin, its director, spoke about the FY 2024 budget. This is administratively attached to the DCH. It is a 15-member board that includes a consumer member. Eight are on the staff; one vacancy should be filled March 1 (depending on the background check). Graduate Medical Education is under this agency’s overview for funding. 102 added residency slots are anticipated. $375,000 is also added for hospitals to apply for a grant to determine if they may have the infrastructure to implement a residency program. A loan repayment program for mental health professionals is also under this agency; the agency currently administers a loan repayment program for physicians. There is further discussion about supporting a loan repayment program for nurses. Representative Mark Newton (R-Augusta) asked about new GME programs, and there are new hospitals bringing those programs online. He asked if the federal government would take over the funding. There is a federal matching component much larger than the state funds. Representative Devan Seabaugh (R-Marietta) asked if those who get the loan repayments are staying in Georgia. They are obligated to stay in the county for one year where they made application.

The Georgia Department of Public Health presented to the Subcommittee. Commissioner Kathleen Toomey, MD, and Chief Financial Officer, Will Bell, outlined the governor’s recommendations. 4,000 staff work in county public health departments and also receive the $2,000 increases. $350,000 last year for ambulance repairs for McIntosh County, and the work was completed, so it is a reduction for the department. The governor also included an increase in the PrEP program (pre-exposure prophylaxis program for HIV). It is to help stop the transmission of HIV. A pilot program was implemented for areas that don’t have PrEP programs presently (they are lacking in rural Georgia). She also mentioned a bond for maintenance and repairs for the public health laboratories (in Atlanta and Waycross). $28 million was provided by the federal government but the grant does not cover everything - a total of $975,000. Chairman Taylor asked if other capital needs were not being met - Commissioner Toomey did not know of any. She remarked that her agency was also moving from 2 Peachtree St. to Twin Towers, again reducing the agency’s footprint by 50 percent. The workforce, particularly on the technical side, has been difficult (nurses, epidemiologists, etc.). Turnover has decreased from last year with the salary increases.140 DPH vacancies and another 310 vacancies in county health departments were also mentioned. She was also asked about fees; Commissioner Toomey indicated that the counties collect fees. The only state-level fee collected is for septic tank inspections, as DPH has authority over those. Those fees roll back into the program so that the staff is supported to make the inspections.

The Office of Health Strategy and Coordination made a presentation with its Director Grant Thomas and Deputy Director and General Counsel Elizabeth Holcomb outlining the agency’s budget. It is administratively attached to the Governor’s Office of Planning and Budget. HB 186 (2019) established the office to strengthen the infrastructure of health in the state. He talked about a number of the initiatives and their implementation. The Data Collection vendor was awarded in October 2022. APCD portal will be available in April 2023, and mandatory submission for payers will be June 1, with all payers onboarded in December 2024 (sooner than anticipated). APCD budget was shared with the Subcommittee (this will have a base of $800,000). Another project was the review of the State’s CMO contsracts and the office provided a report on that review (looking too at other states’ contracts) - administrative burdens, health equity initiatives, social determinants of health, etc. Emergency Transport Study has also been conducted over a six-week period for individuals in mental health crises. Some states use grant programs to assist law enforcement with transporting individuals (for instance, Tennessee and Virginia). HB 1013 also made a directive for the office to conduct a Preferred Drug List Study (there are four drug lists in Medicaid) - the focus was on a unified drug list across Medicaid. They also conducted a similar study for State Health Benefit Plan. per Thomas, there are advantages to having unified drug lists, but no rebate information was available to determine cost recommendations. Representative Ron Stephens (R-Savannah) asked about the standard drug list when no rebates could be obtained; Thomas agreed that DCH will have to use its information to complete the study based on its information (but they did look at member disruption as well as clinical studies). The Office did not look for the 340b plan drug information. Representative Carolyn Hugley (D-Columbus) asked about the CMO contracts - what is the number one recommendation the state has done. The State can also be more prescriptive - such as in care coordination and making that tiered. Other states have looked at social determinants of health (food access, lack of transportation, etc.). Representative Mark Newton (R-Augusta) added that it was an impressive amount of work and asked about the ability to access consultants, to which Thomas indicated that his Office had access. Further, Representative Newton asked about the APCD and its process for review. Representative Newton also asked about newer medicines and their availability for mental health treatment, looking at clinical differences. His concern is the front-end costs for those drugs (like a long-acting medicine), which could lessen hospitalization costs if they had access to these medicines. Chairman Taylor indicated that 340b also was an issue and that there needed to be some direction there.

The Georgia Trauma Commission, administratively attached to the Department of Public Health, was the last presenter. Liz Atkins made the presentation. The commission has a total of four staff. Super Speeder is the largest revenue generator and a small portion of the firework excise tax. HB 511 established the Georgia Trauma Trust Fund and also dedicates funding to the organization. The bulk of funds goes to EMS and trauma centers. The commission has seven committees, and each has a say in the funding. EMS has $3.7 million (AVLS where trucks are and includes WiFi for transmitting information to hospitals; education (licensure to get more EMTs and first responders); and 9-1-1 zone ambulances’ readiness funding through EMS equipment grants) and the remaining funds go to the trauma centers and burn centers (readiness funding and call pay). Call pay is a struggle for hospitals. There is uncompensated care provided, which is validated annually. Representative Lee Hawkins questioned AVLS system. Chairman Taylor was concerned about the elimination of ambulance services in rural areas. Trauma centers located south of Macon were queried - there are 33 trauma centers, including two burn centers in the state. The American College of Surgeons has done a review of trauma in the state. The final report from the American College of Surgeons will be out later in April. The Commission next meets on March 1 to determine which facilities are seeing trauma patients to help stand them up.

Senate Finance Committee

The Senate Finance Committee, chaired by Senator Chuck Hufstetler (R-Rome), was called to order late in the day for a hearing only on a couple of measures.

  • SB 153, authored by Senator Brandon Beach (R-Alpharetta), is a bill seeking to amend Chapter 13 of Title 48 by adding a new Code section at O.C.G.A. 48-313-150 and is similar to hotel/motel tax. Eligible venues are defined as a stadium, arena, or other venue with 9,500 seats or more. It allows an excise tax to be collected on eligible venue tickets (up to 2 percent of the original ticket sale), and the county can impose an additional tax (up to 1 percent). Thus, a total of 3 percent can be imposed. The proceeds of the tax may only be spent on public safety facilities and equipment capital improvements (fire departments’ ladder trucks, etc.). The City of Alpharetta supports this idea. The legislation has been 3-4 years in the making. Fire engine ladder truck may cost $1.3 million and only last 7-10 years. Ohio has an emission tax to address such. It was explained that the responder could see $16 million worth of equipment responding to an event at a venue at any given time. There were questions about whether this legislation could start in the Senate rather than the House. Senator Jason Estevez (D-Atlanta) asked some questions about the costs of protecting large venues and whether other funding streams could be used to support these venues. Senator Billy Hickman (R-Statesboro) asked about the 9,500 threshold - Savannah arena is also 9,500 and urged a lower threshold. Senator Blake Tillery (R-Vidalia) stated his appreciation for the bill and whether the Senate was working against itself (taking the state tax off and putting on the local tax). This is a larger discussion on exemptions generally. Senator Greg Dolezal (R-Cumming) asked about costs, specifically the $315,000 generated by an event by his math, and how would it apply to consolidated governments such as Athens-Clarke. Senator John Albers (R-Roswell) agreed with Senator Tillery on a consensus about exemptions. Senator Albers pondered if there should be any thresholds. It may be a local control option needed for rural areas.
  • A second bill was presented by Senator Ed Harbison (D-Columbus), which deals with Columbus-Muscogee County. SB 156 allows them to raise proceeds from SPLOST be used for maintenance in O.C.G.A. 48-8-111.1. There are only four consolidated counties in the state, and the legislation only applies to those forms of government. Senator Bill Hodges (R-Brunswick) asked why it was only limited to consolidated governments. A referendum is required as a part of the SPLOST. Senator Shelly Echols (R-Alto) addresses how the funds are used. Senator Greg Dolezal (R-Cumming) inquired about project lists that the voters approve. According to Senator Harbison, the City Manager and members of the Columbus-Muscogee Council asked for this legislation. They wish to identify a maintenance need for funding. Senator Tillery asked if it could be resolved in another manner and if they go back to the SPLOST call to make the request.

Senate Insurance and Labor Committee

Chairman Larry Walker, III (R-Perry) and his committee heard these bills:

  • SB 110, authored by Chairman Walker, is the “Back the Blue Act” and it was provided a DO PASS recommendation. In part, the legislation seeks changes in Title 33 to create a voluntary fund to allow voluntary contributions through motor vehicle insurance policies which can be used to increase pay for law enforcement officers.
  • SB 76, authored by Senator Nikki Merritt, proposes to cap insulin costs at $35 per month for State Health Benefit Plan enrollees in O.C.G.A. 45-18-1. No action was taken on this legislation.
  • SB 25, authored by Senator Gloria Butler (D-Stone Mountain), seeks to amend O.C.G.A. 34-4-3 to increase the minimum wage to $15.00 per hour. No action was taken on the legislation today.

Senate Health and Human Services Committee

We started with Tim McGraw’s “Humble and Kind.” Chairman Ben Watson, MD (R-Savannah) opened the meeting announcing five bills will be reviewed:

  • SB 46, authored by Senator Chuck Hufstetler (R-Rome), addresses treatment for women who may have syphilis by amending Chapter 17 of Title 31 of the O.C.G.A. The legislation tests for syphilis in pregnant women and babies (it also tests for HIV). The Department of Public Health supports the legislation - specifically testing at 32 weeks and at birth. The Committee was reviewing a Substitute which allowed for patient refusal. Antibiotics are relatively inexpensive to treat these babies and will help with babies’ development. Senator David Lucas (D-Macon) asked about opt-outs and why the Senate would allow any. Chairman Watson asked legal counsel to provide some background. Megan Andrews from DPH explained that it is “medical care” and choice is permitted to patients. Providers should educate patients about the risks for opting out. Senator Matt Brass (R-Newnan) asked about the rates of syphilis - Dr. Alex Millman from the Department of Public Health described the increasing numbers in Mississippi, which have seen increases of 500 percent. Multiple reasons for the increase: changes in STD care is done; contact tracers where federal funding has decreased, and more at-risk populations are not receiving testing. Who conducts the testing was the question raised by Senator Ed Setzler (R-Acworth). A certified nurse midwife or physician would conduct a blood test. A motion DO PASS for the substitute was made, and the motion carried unanimously.
  • SB 106, LC 33 9379S, authored by Senator Larry Walker, III (R-Perry), amends Article 7 of Chapter 4 of Title 49 of the O.C.G.A. The legislation amends line 9 to change the name to Healthy Babies Act from Healthy Mothers, Healthy Babies. The legislation is for a three-year pilot in O.C.G.A. 49-4-159..2 to use digital technology for pregnant women. Senator Walker got the idea from attending a Medicare seminar. The goal is for the tests to be paid by Medicaid; it aligns with some of the state’s work on the issue through the Department of Public Health. It is a three-year study, and the hope is for better maternal outcomes. Ashley Haltom, with Georgia Bio, also supported the legislation as it improves outcomes for mothers as well as babies. The legislation received a DO PASS recommendation and passed unanimously.
  • SB 109, LC 33 9322, authored by Senator Shelly Echols (R-Alto), addresses continuous glucose monitors for Medicaid recipients by amending Article 7 of Chapter 4 of Title 49 of the O.C.G.A. Currently, Georgia has 65 endocrinologists, with most in Atlanta. It can be a six month wait to get an appointment. Continuous Glucose monitors allow data to be collected quickly and are the standard of care per the American Diabetes Association. The measure would change monitors from a medical benefit to a pharmacy benefit. It also removes the age restrictions and allows patients to be seen by their primary care doctor rather than being required to see an endocrinologist. It improves coverage and can be a $5 million annual savings. 90 percent of commercial insurance plans already provide for this durable medical equipment. The American Diabetes Association supported the legislation. Senator Echols noted this is a cost-saving for the state. A diabetes specialist from Northeast Georgia Health System provided support and a real story of a patient.
  • SB 111, authored by Senator Chuck Hufstetler (R-Rome), seeks to amend Title 43. This measure was introduced in 2022 and went through the GORRC process. Anesthesiology assistants requested the legislation, which is not a scope of practice change, undergo two separate training programs. A 1:4 ratio is still maintained with this legislation. It recognizes that these individuals are different from physician assistants. Chairman Watson outlined the prior discussions on the two groups. Several groups supported the legislation. Bill Bunton, an anesthesiology assistant, and the immediate past president of the Association, expressed support. Jennifer Steaver is a practicing certified anesthesiology assistant. Jet Tony also supported the measure on behalf of the Georgia Society of Anesthesiology. The bill's passage will create a separate licensure track and carve out physician’s assistants from future scope issues for more independent practice. The measure received a DO PASS recommendation.
  • SR 46, authored by Senator Nikki Merritt (D-Grayson), is a resolution urging the Governor to study insulin costs for State Health Benefit Plan enrollees. It seeks to encourage Georgia to create jobs by having its own low-cost insulin producer in the State. It would also allow Georgia’s research institutions to be involved. Senator Ed Setzler (R-Acworth) asked why they did not make it a Study Committee Resolution. The Committee discussed tabling the Resolution. Senator Matt Brass (R-Newnan) asked the author go back to legislative counsel to draft a study committee and then take it to the Senate Rules Committee. Senator Merritt noted she would follow the direction of Senator Brass.

The next meeting of the Committee will be next Wednesday.

House Public Safety and Homeland Security Committee

The House Public Safety and Homeland Security Committee, chaired by J. Collins (R-Villa Rica), met to consider the following measures on Wednesday:

  • HB 142, authored by Representative Mesha Mainor (D-Atlanta), amends Title 20 to provide for the establishment of unified campus police forces through agreements entered into by colleges and universities.

Representative Mainor presented the bill to the Committee, explaining that the bill would allow for the Atlanta University Center Consortium to establish a unified police force. It would not affect any USG or TCSG institutions or any other private institutions in Georgia. Representative Mainor explained that the bill passed the House and Senate last year but failed to get an agree to constitute final passage. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

  • HB 147, authored by Representative Will Wade (R-Dawsonville), is Governor Kemp’s “Safe Schools Act”. The bill amends Title 20 to provide for a voluntary school safety and anti-gang endorsement for eligible certificated professional personnel issued by the Professional Standards Commission. The bill also requires school safety plans to be submitted to the Georgia Emergency Management and Homeland Security Agency. Under the bill, public schools must conduct intruder alert drills and report completion of such drills to the Georgia Emergency Management and Homeland Security Agency. It also provides for parents and guardians to opt their children out of such drills.

Representative Wade presented the bill to the Committee, explaining that it is supported by numerous law enforcement and education advocacy groups who were involved in its crafting. Representative Jesse Petrea (R-Savannah) asked whether the intruder drills must be unannounced, to which Representative Wade said that districts would have local control in how they structure and conduct their drills. A representative of IDRA Georgia expressed concern about the bill as drafted, specifically the impact of unannounced drills on child development. A representative of the Georgia Youth Justice Coalition echoed IDRA’s position. Tracey Nance Pendley, 2020-21 Georgia Teacher of the Year, appeared to express concern over the school safety and anti-gang teacher training and certification provisions, expressing that teachers have enough on their plates and should not be charged with policing their students, as well. Representative Alan Powell (R-Hartwell) expressed support for unannounced drills to better prepare educators and students for a crisis. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

  • HB 268, authored by Representative John Corbett (R-Lake Park), amends Title 35 to provide for the establishment of a grant program to support local law enforcement agencies and multi-jurisdiction task forces relative to motor vehicle related crime prevention initiatives.

Representative Corbett presented the bill to the Committee, explaining that the grant program is aimed at helping tackle motor vehicle crimes like catalytic converter theft and grand theft auto. A representative of Enterprise Holdings, the largest rental car company in the world, testified in support of the bill. A speaker also testified to the substantial role of criminal street gangs in motor vehicle-related crime. The National Insurance Crime Bureau, Pull-a-Part, and a representative of the Chamblee Police Department also spoke in support of the legislation. No action was taken on the bill.

House Retirement Committee

The House Retirement Committee, chaired by Representative John Carson (R-Marietta), was called to order to discuss one measure.

  • HB 285, authored by Representative Lehman Franklin (R-Statesboro), seeks to amend Article 7 of Chapter 20 of Title 47 of the O.C.G.A. This measure would increase the Employee Retirement System fund for alternate investment from five percent to 10 percent and creates a buffer for more diversified funds. Chairman Carson commented that half is invested in equities and the other half in bonds. The volatility of equities and interest rates with bonds is concerning and limits the system. This is asking the system to invest, with a total cap of 10 percent, into private equities. Jim Potvin from the State Employee Retirement System explained this would give the system the necessary flexibility. The invested capital is about three and a half percent. The measure received a DO PASS recommendation and headed to the House Rules Committee.

House Judiciary Non-Civil - Hong Subcommittee

The Subcommittee began its characteristically thorough due diligence on three bills new bills.

  • Representative Rob Leverett (R-Elberton) presented HB 227 which addresses attacks on criminal infrastructure as have occurred over the last few months in North Carolina and on the west coast. The bill establishes new felonies for criminal interference with critical infrastructure, broadly defined, with new minimum sentences and payment of restitution to the infrastructure owners and citizens who lose services. The bill was supported by Georgia EMCs. There was a long discussion of whether the existing domestic terrorism act is sufficient to cover the current attacks. Another substitute is expected in the next few days as the questions are ironed out.
  • Representative Scott Holcomb (D-Atlanta) presented HB 208 relating to procedures for the loss of critical evidence, such as DNA, that may exonerate a convicted person and establishes a single court employee responsible for its maintenance for the duration of a sentence.
  • Representative Scott Hilton (R-Peachtree Corners) presented HB 219, which addresses the electronic theft of funds for banks and establishes a venue for such crimes as residence of the victim. There was extensive discussion of the difficulty of having physical jurisdiction over the hacker when the theft can occur online. Changing venue provisions felt uneasy to members of the Subcommittee, and they asked questions of criminal defense attorneys and prosecutors before moving the bill.

House Ways & Means - Sales Tax Subcommittee

The Sales Tax Subcommittee, chaired by Representative Chuck Martin (R-Marietta), was called to order early this morning to hear several measures.

  • HR 66, authored by Representative Matthew Gambill (R-Cartersville), ratifies Governor Kemp’s Executive Orders to suspend the motor fuel taxes. This would include Executive Order Numbers 05.26.22.02, 07.01.22.02, 08.03.22.02, 09.01.22.02, 10.03.22.02, 11.04.22.02, and 12.08.22.02. The measure received a DO PASS recommendation and moves to the full committee.
  • HB 170, authored by Representative Kasey Carpenter (R-Dalton), seeks to amend Chapter 8 of Title 48 of the O.C.G.A. to create parity in the tax code. This measure would tax digital downloads. The exemptions include streaming but include digital art, books, periodicals, magazines, newspapers, greeting cards, and video games. Representative Don Parsons (R-Marietta) raised concerns over who this would impact. Representative Shaw Blackmon (R-Bonaire) chimed in that the committee would continue to look into the policy this was setting.

Justin Pauly with the Georgia Schools Board Association and Dante Handle with the Association of County Commissioners of Georgia expressed support for the measure. No committee action was taken.

House Ways & Means - Public Policy and Finance Subcommittee

The Subcommittee, chaired by Representative Ron Stephens (R-Savannah), was called to order.

  • HB 95, authored by Representative David Knight (R-Griffin), seeks to amend Title 48 of the O.C.G.A. This is the annual Department of Revenue update bill. The measure received a DO PASS recommendation and moves to the full committee.
  • HB 36, authored by Representative Chuck Marting (R-Marietta), seeks to amend Chapter 5 of Title 48 of the O.C.G.A. to allow individuals to choose a public hearing officer. The dollar amount of $200,000 was chosen, and the Association of County Commissioners recommended increasing the amount. The measure was passed and is on to the full committee.
  • HB 308, authored by Representative Mark Newton (R-Augusta), seeks to amend Chapter 7 of Title 48 of the O.C.G.A. to extend the sunset on a tax credit for community-based faculty preceptors from 2023 to 2028. The amount changes to $1,000 for all preceptorship rotations instead of $500 for first through third year preceptors and $1,000 for fourth through tenth year preceptors. It also adds dentistry. This has a $2.2 million tax impact.

Fay Fulton from the Georgia Academy of Family Physicians, Denise Kornegay from the Statewide Area Health Education Centers, and Margie Miller from Augusta University expressed support for the measure. No committee action was taken on this measure.

  • HB 311, authored by Representative Lynn Smith (R-Newnan), seeks to amend Article 1 of Chapter 5 of Title 48 of the O.C.G.A. In the 2022 Legislative Session, the Constitutional Amendment was passed, which created a referendum during the 2022 general election, which passed by 92%. This is the enabling legislation for local governments to act on the destroyed property during natural disasters. Further, this bill allows the local tax commissioner to provide tax credits, re-adjust mileage rates, and other forms of relief for those properties impacted by the natural disaster. This will only apply to property tax assessments on or after April 1, 2023. This issue arose from the 2019 tornado, which damaged many Newnan properties.

Clint Mueller from the Association of County Commissioners of Georgia expressed support for the measure. No committee action was taken on the measure.

Senate Higher Education Committee

The Senate Higher Education Committee, chaired by Senator Billy Hickman (R-Statesboro), met to consider the following bills on Wednesday:

  • SB 51, authored by Senator Elena Parent (D-Atlanta), amends Title 20 to require the Georgia Student Finance Commission to establish participation and performance targets for the Dual Enrollment program. The bill also requires the Georgia Student Finance Commission to annually measure and evaluate the program and report certain data analyses related to the program to the Governor and the General Assembly.

Senator Parent presented the bill to the Committee, and Jennifer Ellis of All4Ed appeared in support of the legislation. The Committee is waiting to hear from the Georgia Student Finance Commission before acting on the bill, likely next Wednesday.

  • SB 86, authored by Senator Matt Brass (R-Newnan), amends Title 20 to allow eligible students participating in the Dual Enrollment program to access HOPE career grant funds for certain CTAE courses irrespective of whether they have reached maximum credit hour caps. Eligible CTAE courses would be those that are part of TCSG certificate and diploma programs that TCSG identifies as qualifying graduates to work in high-demand fields.

Senator Brass presented the bill to the Committee, explaining that the bill allows students to access technical instruction sooner and without the timing and credit hour limitations of the Dual Enrollment program. The Committee is also waiting to hear from the Georgia Student Finance Commission before acting on this bill, likely next Wednesday.

New Legislation

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

H.B.383

Safer Hospitals Act; enact

Rep. Matt Reeves (R-099)

https://www.legis.ga.gov/legislation/64341

H.B.384

Insurance; annual notification by insurers to male insureds of coverage for prostate-specific antigen tests; provide

Rep. Sharon Henderson (D-113)

https://www.legis.ga.gov/legislation/64342

H.B.386

Motor vehicles; enforcement of operating a commercial motor vehicle upon a highway in violation of a local ordinance; provisions

Rep. Debra Bazemore (D-069)

https://www.legis.ga.gov/legislation/64344

H.B.387

Crimes and offenses; codify proclamation that would grant a pardon regarding offense of simple possession of marijuana

Rep. Kimberly Alexander (D-066)

https://www.legis.ga.gov/legislation/64345

H.B.388

Crimes and offenses; possession of certain quantities of marijuana constitute a misdemeanor; provide

Rep. Kimberly Alexander (D-066)

https://www.legis.ga.gov/legislation/64346

H.B.392

Georgia Endowment for Teaching Professionals; create

Rep. Rick Jasperse (R-011)

https://www.legis.ga.gov/legislation/64350

H.B.399

Commission for the Blind and the Visually Impaired; create

Rep. Kim Schofield (D-063)

https://www.legis.ga.gov/legislation/64358

H.B.400

Retirement and pensions; decrease age of eligibility for retirement benefits for appellate court judges

Rep. Tyler Smith (R-018)

https://www.legis.ga.gov/legislation/64359

H.B.402

Education; water safety education information to parents of students under 18 years of age and to students 18 years of age and older; provide

Rep. Scott Hilton (R-048)

https://www.legis.ga.gov/legislation/64361

H.B.404

Safe at Home Act; enact

Rep. Kasey Carpenter (R-004)

https://www.legis.ga.gov/legislation/64363

H.B.405

Mapillar Dahn Act; enact

Rep. Omari Crawford (D-084)

https://www.legis.ga.gov/legislation/64364

H.B.408

Sales and use tax; exemption for competitive projects of regional significance; change sunset provision

Rep. Bruce Williamson (R-112)

https://www.legis.ga.gov/legislation/64367

H.B.411

Labor and industrial relations; hiring process of applicant; prohibit employer from seeking salary history information

Rep. Debra Bazemore (D-069)

https://www.legis.ga.gov/legislation/64370

H.B.412

Income tax; repeal a limitation on types of partnerships that may elect to pay income taxes at the entity level

Rep. Bruce Williamson (R-112)

https://www.legis.ga.gov/legislation/64371

H.B.414

Mental health; grant program to aid service members, veterans, and their families; provide

Rep. Shaw Blackmon (R-146)

https://www.legis.ga.gov/legislation/64374

H.R.184

Georgia's self-service gasoline station owners and operators; policies to better assist disabled or mobility-impaired individuals; urge

Rep. Kim Schofield (D-063)

https://www.legis.ga.gov/legislation/64355

H.R.191

Georgia Hearing Day at the state capitol; February 15, 2023; recognize

Rep. Spencer Frye (D-122)

https://www.legis.ga.gov/legislation/64387

H.R.205

National FCCLA Week; February 13 to 17, 2023; recognize

Rep. David Sampson (D-153)

https://www.legis.ga.gov/legislation/64402

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

S.B.168

Hospitals and Nursing Homes; chiropractic practice to have a lien on a cause of action accruing to an injured person; allow

Sen. Rick "Ricky" Williams (R-025)

https://www.legis.ga.gov/legislation/64337

S.B.169

Public Schools; extension of hearing dates for student discipline tribunals; provide for limits

Sen. Chuck Payne (R-054)

https://www.legis.ga.gov/legislation/64338

S.B.170

"Students and Teachers SPEAK Act"; enact

Sen. John Albers (R-056)

https://www.legis.ga.gov/legislation/64339

S.B.171

Development Authorities; the length of a director's hold-over period following expiration of term of office; limit

Sen. Max Burns (R-023)

https://www.legis.ga.gov/legislation/64375

S.B.172

State Government; regulation and taxation of sports betting in this state; authorize and provide

Sen. Bill Cowsert (R-046)

https://www.legis.ga.gov/legislation/64376

S.B.173

Emergency Medical Services; hospital authorities may transfer its ambulance service license to its local governing body; provide

Sen. Ben Watson (R-001)

https://www.legis.ga.gov/legislation/64380

S.B.174

"Georgia Lottery for Education Act"; administrative procedures and actions; bona fide coin operated amusement machines shall be subject to Chapter 13 of Title 50; provide

Sen. Clint Dixon (R-045)

https://www.legis.ga.gov/legislation/64397

S.B.175

Searches with Warrants; additional requirements for the issuance and execution of search warrants and no-knock warrants; provide

Sen. Sonya Halpern (D-039)

https://www.legis.ga.gov/legislation/64404

S.B.176

Inspection of Public Records; the personal phone numbers, personal or governmental issued cell phone numbers, and home addresses; protect

Sen. Jason Esteves (D-006)

https://www.legis.ga.gov/legislation/64408

S.B.179

Electors; restrictions of voting rights for judicially incompetent persons; provide

Sen. Josh McLaurin (D-014)

https://www.legis.ga.gov/legislation/64410

S.B.180

"Georgia Religious Freedom Restoration Act"; enact

Sen. Ed Setzler (R-037)

https://www.legis.ga.gov/legislation/64416

S.B.182

Stalking; the offense of doxxing; provide

Sen. Sonya Halpern (D-039)

https://www.legis.ga.gov/legislation/64421

S.R.136

Right to Reproductive Freedom; provide -CA

Sen. Gloria Butler (D-055)

https://www.legis.ga.gov/legislation/64336

S.R.140

Georgia General Assembly; general law for sports betting in this state; provide- CA

Sen. Bill Cowsert (R-046)

https://www.legis.ga.gov/legislation/64378

S.R.144

Senate Expanding Early Childhood Education Study Committee; create

Sen. Jason Esteves (D-006)

https://www.legis.ga.gov/legislation/64411

S.R.148

Right to Register and Vote; conviction of a felony involving moral turpitude; remove as an exception -CA

Sen. Josh McLaurin (D-014)

https://www.legis.ga.gov/legislation/64415

What’s Next

The General Assembly will reconvene for Legislative Day 20 on Thursday, February 16. The Senate will come to order at 10:00 a.m., and the House will gavel in at 1:00 p.m.

The House is expected to consider the following measures on Legislative Day 20:

  • HB 81 - Education; eligibility criteria for certain capital outlay grants for low-wealth schools systems; revise (Ed-174th)
  • HB 143 - Community Health, Department of; include continuous glucose monitors as a pharmacy benefit for Medicaid recipients; require (PH-149th)
  • HB 193 - Local government; increase dollar values of certain public works construction contracts exempt from bidding requirements (GAff-10th)
  • HB 215 - Professions and businesses; licensure of advanced practice registered nurses; provisions (Hth-33rd)

The Senate is expected to consider the following measures on Legislative Day 20:

  • SB 12 - "Protecting Victims and Dismantling Georgia Street Gangs Act"; enact (Substitute) (Judy-56th)
  • SB 56 - Ad Valorem Taxation; state revenue commissioner to contract with the board of the Employees' Retirement System of Georgia to offer certain county tax commissioners the option to participate in a state administered deferred compensation plan; require (Substitute) (Fin-52nd)
  • SB 84 - "Georgia Uniform Securities Act of 2008"; financial protections for elder and disabled adults who may be victims of financial exploitation; provide (B&FI-52nd)
  • SB 93 - Information Technology; use of certain social media platforms on state equipment; restrict (Substitute) (VM&HS-31st)
  • SB 112 - "Workforce EXCELeration Act"; enact (ED&T-31st)

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

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