Gold Dome Report – Legislative Day 29

The General Assembly was in recovery mode on Tuesday, regrouping after a late night in the State Capitol on Crossover Day. And there was a lot to recover from after the House passed 51 measures on Legislative Day 28, just besting the Senate, which passed 49 bills. Now, the sprint is on to Legislative Day 40, just three short weeks away. The race to adjournment sine die is sure to include more than a few stripped bills, unfriendly amendments, and Christmas trees as legislators and lobbyists desperately search for opportunities to get their legislation through the gauntlet and onto the governor’s desk. The #GoldDomeReport will have all the details along the way.

Although Legislative Day 29 was mostly devoted to assigning bills that crossed over to committees, the Senate wasted no time getting to work on House bills. The chamber took up two House measures on the floor, and several committees met to begin perfecting bills from the lower chamber. That work will continue in earnest on Wednesday as the House is expected to unveil its version of the FY24 State Budget, which is likely to be on the House floor on Thursday.

In this Report:

• Crossover Day Wrap-Up
• Floor Action
• Committee Reports
• New Legislation
• What’s Next

Crossover Day Wrap-Up

The House took up the following measures after our report deadline on Crossover Day:

• HB 30 - State government; definition of antisemitism; provide (Substitute)(Judy-46th) The Committee Substitute passed by a vote of 136-22.
• HB 126 - Appeal and error; judgments deemed directly appealable; change a provision (Substitute)(JudyNC-Smith-18th). The Committee Substitute passed by a vote of 172-1.
• HB 181 - Controlled Substances; mitragynine and hydroxymitragynine are Schedule I; provide (Substitute)(JudyNC-Townsend-179th). The Committee Substitute passed by a vote of 171-3.
• HB 188 - Georgia Dangerous Sexual Predator Prevention Act; enact (Substitute)(JudyNC-180th). The Committee Substitute passed by a vote of 171-0.
• HB 189 - Highways, bridges, and ferries; allowable variance for weight limitations upon a vehicle or load; provide for (Substitute)(Trans-Meeks-178th). The Committee Substitute passed by a vote of 93-81.
• HB 206 - Local government; creation of Commercial Property Assessed Conservation, Energy, and Resiliency Development Authorities; provide (GAff-Sainz-180th). The bill passed by a vote of 134-38.
• HB 219 - Banking and finance; venue for offense of money laundering; provide (Substitute)(JudyNC-Hilton-48th). The Committee Substitute passed by a vote of 172-1.
• HB 228 - Education; tuition equalization grants at private colleges and universities; expand definition of approved school (Substitute)(HEd-Dempsey-13th). The Committee Substitute passed by a vote of 168-7.
• HB 340 - Education; daily duty-free planning periods for teachers in grades six through twelve; provide (Substitute)(Ed-Corbett-174th). The Committee Substitute passed by a vote of 173-0.
• HB 343 - Lowering Prescription Drug Costs for Patients Act; enact (Substitute) (Hth-Newton-127th). The Committee Substitute passed by a vote of 168-3.
• HB 353 - Georgia Lottery for Education Act; administrative procedures regarding coin operated amusement machines shall be subject to Chapter 13 of Title 50; provide (Substitute)(RegI-Powell-33rd). The Committee Substitute passed by a vote of 127-26.
• HB 364 - Wrongful Conviction Compensation Act; enact (JudyNC-81st). The bill passed by a vote of 157-17.
• HB 374 - Local government; municipal deannexation; repeal certain provisions (Substitute)(GAff-Thomas-21st). The Committee Substitute passed by a vote of 144-28.
• HB 392 - Georgia Endowment for Teaching Professionals; create (Substitute) (HEd-Jasperse-11th). The Committee Substitute passed by a vote of 175-0.
• HB 412 - Income tax; repeal a limitation on types of partnerships that may elect to pay income taxes at the entity level (Substitute)(W&M-Williamson-112th). The Committee Substitute passed by a vote of 175-0.
• HB 482 - Income tax; tax credits for establishing or relocating quality jobs; provide clarification (Rules Committee Substitute)(W&M-180th). The Rules Committee Substitute passed by a vote of 170-4.
• HB 524 - Motor vehicles; issuance of Class C driver's license to operators of certain three-wheeled motor vehicles; provide (MotV-Ridley-22nd). The bill passed by a vote of 168-7.
• HB 528 - Georgia Online Automatic Renewal Transparency Act; enact (Substitute)(A&CA-120th). The Committee Substitute passed by a vote of 173-0.
• HB 531 - Local government; provide investment policies (Substitute) (B&B-Barrett-24th). The Committee Substitute passed by a vote of 170-3.
• HB 538 - Georgia Early Literacy Act; enact (Substitute)(Ed-Ballard-147th). The Committee Substitute passed by a vote of 174-0.
• HB 541 - Motor vehicles; proper procedure for passing postal service vehicle; provide (MotV-Lumsden-12th). The bill passed by a vote of 167-5.
• HB 563 - Fair Employment Practices Act of 1978; hearing before an administrative law judge; provide (Judy-Leverett-123rd). The bill passed by a vote of 175-0.
• HB 581 - Audits and Accounts, Department of; revise deadlines, selection criteria, and required contents for certain annual economic analyses (B&FAO-Blackmon-146th). The bill passed by a vote of 175-0.
• HR 48 - Stinchcomb, Mr. Mario; compensate (App-57th). The resolution passed by a vote of 154-13.
• HR 49 - Woolfolk, Mr. Michael; compensate (App-57th). The resolution passed by a vote of 157-14.
• HR 55 - Talley, Mr. Terry L.; compensate (Substitute)(App-137th). The resolution passed by a vote of 158-12.
• HR 70 - Inman, Mr. Devonia; compensate (Substitute)(App-170th). The resolution passed by a vote of 170-3.

The House failed to act on the following measures on its Rules Calendars for Crossover Day:

• HB 92 - Public utilities and public transportation; percentage limitation as to amount of investments an electric membership corporation may make and maintain in a gas affiliate; modify (EU&T-Gaines-120th).
• HB 212 - Niche-Beauty Services Opportunity Act; enact (Substitute)(RegI-136th).
• HB 267 - Income tax; failure of employers to comply with revenue provisions regarding employees; authorize private causes of action for equitable relief (Judy-18th).
• HB 331 - Revenue and taxation; accountability of tax collectors and tax commissioners; repeal provisions (GAff-Anderson-10th).
• HB 380 - Georgia Lottery Game of Sports Betting Act; enact (Substitute) (HEd-Wiedower-121st).
• HB 438 - Public utilities; prohibit governmental entities from adopting any policy that prohibits the connection or reconnection of any utility service based upon the type or source of energy or fuel (EU&T-Anderson-10th).
• HB 506 - Education; recognition of certain accrediting agencies as reliable authorities as to quality of education offered in public secondary schools; provide (Substitute)(Ed-Ehrhart-36th).
• HB 516 - Transportation, Department of; increase minimum amount for a public road construction or maintenance contract that prohibits negotiation (Trans-30th).

The Senate took up the following measures after our report deadline on Crossover Day:

• SB 4 - "Blind Persons' Braille Literacy Rights and Education Act"; enact (ED&Y-44th). The bill passed by a vote of 55-0.
• SB 20 - "Surprise Billing Consumer Protection Act"; ensure consumer access to quality healthcare by setting adequacy standards for network plans offered by an insurer (Substitute)(I&L-32nd). The Committee Substitute passed by a vote of 52-1.
• SB 31 - Prosecuting Attorneys; the reimbursement of expenses incurred by the Attorney General in prosecuting a criminal case or cases due to the failure of a district attorney to prosecute such criminal case or cases; provide (Substitute)(JUDY21st). The Committee Substitute passed by a vote of 35-20.
• SB 35 - Special License Plates; specialty license plate honoring Kappa Alpha Psi Fraternity, Inc; establish (PUB SAF-9th). The bill passed by a vote of 55-0.
• SB 45 - Education; care of students being treated for epilepsy or a seizure disorder; provide (Substitute)(C&F-31st). The Committee Substitute passed as amended by a vote of 56-0.
• SB 66 - Superior Courts; Atlantic Judicial Circuit; additional judge; provide (JUDY-4th). The bill passed by a vote of 56-0.
• SB 76 - State Employees; state health benefit plans; cover insulin at reduced rate; provide (I&L-9th). The bill passed by a vote of 52-2.
• SB 91 - Workers' Compensation; the time period for the dissolution of the Subsequent Injury Trust Fund; extend (I&L-45th). The bill passed by a vote of 54-1.
• SB 95 - Solid Waste Trust Fund; specify the manner in which funds appropriated shall be used (Substitute)(RI&U-29th). The Committee Substitute passed by a vote of 52-1.
• SB 97 - 'Georgia Cyber Command Act'; Georgia Cyber Command Division under the Georgia Emergency Management and Homeland Security Agency; create (Substitute)(VM&HS-31st). The Committee Substitute passed by a vote of 52-2.
• SB 103 - Unclaimed Property; handling of certain wills; provide (Substitute)(AG&CA8th). The Committee Substitute passed by a vote of 54-0.
• SB 115 - Georgia National Guard; the adjutant general to be the official sponsor (Substitute)(VM&HS-14th). The Committee Substitute passed by a vote of 55-0.
• SB 127 - Excise Tax; procedures for certain local governments to change the designated private sector nonprofit organization; provide (ED&T-4th). The bill passed by a vote of 50-2.
• SB 136 - Impact Fees; required revenue source for a development project; modify (ED&T-30th). The bill passed by a vote of 49-6.
• SB 137 - Tuition Equalization Grants at Private Colleges and Universities; definition (HEd-23rd). The bill passed by a vote of 43-12.
• SB 138 - Office of Sheriff; procedure for filling vacancies; revise (PUB SAF-25th). The bill passed by a vote of 55-0.
• SB 140 - Hospitals; the treatment of gender dysphoria in minors performed in hospitals and other licensed healthcare facilities; prohibit certain surgical procedures (Substitute)(H&HS-13th). The Committee Substitute passed by a vote of 33-22.
• SB 158 - Property Insurance; insurance premium discount or rate reduction for property owners; tornado, hurricane, or other catastrophic windstorm events; provide (I&L-29th). The bill passed by a vote of 56-0.
• SB 160 - Employment Security; provisions (I&L-48th). The bill passed as amended by a vote of 34-21.
• SB 164 - Nurses; licensure of advanced practice registered nurses; provide (H&HS-52nd). The bill passed 53-0.
• SB 168 - Hospitals and Nursing Homes; chiropractic practice to have a lien on a cause of action accruing to an injured person; allow (H&HS-25th). The bill passed as amended by a vote of 52-4.
• SB 177 - "Food Insecurity Eradication Act"; enact (AG&CA-22nd). The bill passed by a vote of 52-1.
• SB 195 - "Freedom to Work Act"; enact (Substitute)(VM&HS-20th). The Committee Substitute passed by a vote of 54-0.
• SB 197 - "Health Care Practitioners Truth and Transparency Act"; enact (H&HS-52nd). The bill passed by a vote of 54-2.
• SB 199 - State's Employee Benefit Plan Council; council to establish health savings (Ret-6th). The bill passed by a vote of 55-0.
• SB 203 - "Trucking Opportunity Act of 2023"; enact (TRANS-31st). The bill passed as amended by a vote of 54-1.
• SB 213 - Zoning Procedures; local governments from preventing the continuance of lawful nonconforming use of property; prohibit (Substitute)(SLGO(G)-23rd). The Committee Substitute passed 45-10.
• SB 217 - "Eliminating Ghost Plates Act"; enact (PUB SAF-56th). The bill passed 51-4.
• SB 218 - Identification Cards; issuance of identification cards to persons completing a term of incarceration; provide (Substitute)(PUB SAF-33rd). The Committee Substitute passed 56-0.
• SB 220 - 'Georgia Farmland Conservation Act'; historic preservation (Substitute) (FIN-8th). The Committee Substitute passed by a vote of 54-2.
• SB 231 - Richmond County and the City of Augusta; mayor shall be a full voting member of the commission; provide (SLGO(G)-23rd). The bill passed 32-22.
• SB 240 - Retirement and Pensions; the minimum and maximum allowable benefit multiplier for current and future retirees; revise (Substitute)(RET-20th). The Committee Substitute passed as amended by a vote of 55-0.
• SB 272 - Courts; supplement the duties of administrative judges; Criminal Case Data Exchange Board; reestablish (RULES-18th). The bill passed by a vote of 53-0.

The Senate failed to act on the following measures on its Rules Calendar for Crossover Day:

• SB 10 - Offenses Against Public Order And Motor Vehicles and Traffic; knowingly attending and facilitating an illegal drag race or a laying drags exhibition; punishment; provide (Substitute)(PUB SAF-10th)
• SB 28 - Board of Commissioners of Counties; an Act fixing the compensation of counties with a population in excess of 500,000, according to the 1970 United States Census; repeal (SLGO(G)-45th)
• SB 34 - Food Service Establish; third-party food delivery service committing unfair (Substitute)(AG&CA-42nd)
• SB 55 - Counties, Municipal Corp.; regulation of businesses of persons under 18 yrs old (Substitute)(ED&T-42nd)
• SB 111 - "Anesthesiologist Assistant Act"; an anesthesiologist assistant to be appointed in an advisory capacity to the Georgia Composite Medical Board; provide (Substitute)(H&HS-52nd)
• SB 113 - Municipal Corporations; the transition of services and facilities (Substitute)(SLGO(O)-29th)
• SB 124 - County Governing Authorities; authority of county governing authorities to reapportion or redistrict their election districts; restate constitutional limitations (R&R-37th)
• SB 132 - Ag.; acquisition of possessory interest in cert. land by nonresident aliens (VM&HS-21st)
• SB 147 - "Boundless Opportunities for Georgia Students Act"; enact (Substitute)(ED&Y48th)
• SB 148 - Nonprofit Corporations; comprehensively revise, simplify said chapter (Judy-18th)
• SB 157 - Professions and Businesses; preclearance process in the licensing of individuals (Substitute)(Judy-17th)
• SB 171 - Development Authorities; the length of a director's hold-over period following expiration of term of office; limit (Substitute)(ED&T-23rd)
• SB 172 - State Government; regulation and taxation of sports betting in this state; authorize and provide (Substitute)(RI&U-46th)
• SB 176 - Inspection of Public Records; the personal phone numbers, personal or governmental issued cell phone numbers, and home addresses; protect (Substitute)(GvtO-6th)
• SB 181 - Georgia Technology Authority; authority to conduct certain fingerprint criminal (S&T-54th)
• SB 182 - Stalking; the offense of doxxing; provide (Substitute)(JUDY-39th)
• SB 185 - Assistant District Attorneys; appointment of additional assistant district attorneys in judicial circuits with multiple detention facilities; provide (JUDY-25th)
• SB 186 - "Georgia Landowners Protection Act"; enact (I&L-27th)
• SB 191 - Motor Vehicles and Traffic; authorizing joinder of motor carriers; provisions (Trans-48th)
• SB 200 - "Civil Practice Act"; high ranking government or corporate officer of whom a deposition is sought to seek a protective order; provide (Substitute) (RI&U-46th).
• SB 201 - Torts; revival of claims for damages available to victims of human trafficking (Substitute)(Judy-6th)
• SB 202 - Public School Property and Facilities; outdoor learning spaces pilot program; provide (ED&Y-5th)
• SB 214 - Alcoholic Beverages; number of retail dealer licenses that a person may hold or have a beneficial interest in; change (RI&U-48th).
• SB 215 - Public Records; personal information of public employees; protect (Substitute)(GvtO-28th)
• SB 222 - Primaries/Elections; all costs/expenses relating to election admin; public funds (Substitute)(Ethics-23rd)
• SB 236 - Board of Commissioners of Cobb County; the description of the commissioner districts; change (R&R-37th)
• SB 274 - Commission for the Blind and the Visually Impaired; create (Substitute) (GvtO16th)
• SR 45 - Deputy Marshall Samual Ervin, Jr. Memorial Intersection; Paulding County; dedicate (Substitute) (TRANS-31st)
• SR 46 - Governor; to study whether the state can, either directly or indirectly, produce low-cost insulin products in the state; urge (Substitute) (H&HS-9th)
• SR 82 - Tax Commissioner; waive certain delinquent ad valorem property taxes; procedures and conditions; provide- CA (Substitute) (B&FI-13th)
• SR 114 - Flemming, Charlie; recognize (Rules-44th)
• SR 158 - Northwest Georgia Logistics Corridor; designate as an official logistics growth corridor in Georgia (TRANS-31st)
• SR 176 - Taiwan; commend (Rules-28th)

Floor Action

The House had no bills on the Floor today.

The Senate took up the following measures on Legislative Day 29:

• HB 95 - Revenue and taxation; Internal Revenue Code and Internal Revenue Code of 1986; revise terms and incorporate certain provisions of federal law into Georgia law (FIN-4th). The bill passed by a vote of 48-0 and was immediately transmitted to the House.
• HB 129 - Public assistance; expand temporary assistance for needy families eligibility criteria to pregnant women (C&F-3rd) The bill passed by a vote of 50-1.

Committee Reports

Senate Insurance and Labor Committee

Chairman Larry Walker, III (R-Perry) and the Senate Insurance and Labor Committee met on Tuesday morning with no action taken on any of the following legislation:

• HB 294, authored by Representative Buddy DeLoach (R-Townsend), amends Chapter 37 of Title 33 to provide for the administration of contracts reinsuring life, disability income, long-term care policies, or annuities issued by a ceding insurer that has been placed into liquidation and to provide for the Georgia Life and Health Insurance Guaranty Association to elect to assume the rights and obligations of a ceding insurer. The legislation was brought forth in a new substitute, which adds health insurance entities. The new substitute is LC 52 0302S. The legislation is a model bill from the National Association of Insurance Commissioners. It addresses the right to assume reinsurance contracts, and the process will vary by entity back to the date of liquidation.
• HB 221, authored by Representative Eddie Lumsden (R-Armuchee), amends O.C.G.A. 33-9-21 to revise the filing review process for private passenger motor vehicle liability coverage and to provide for the filing review process for private passenger motor vehicle coverage above or in addition to the statutory mandatory minimum limits. Rates would be effective 60 days after the filing of such with the Department.
• HB 222, authored by Lumsden (R-Armuchee), amends Title 33 and is the Department’s bill. It seeks to clarify, streamline, and make transparent the practices of the Department of Insurance. Further, it provides that property insurance does not include service contracts sold or offered for sale to persons other than consumers and allows the Commissioner of Insurance to issue a probationary license for a period not longer than 24 months. The legislation also addresses the public adjuster law changes passed in 2022 to add required language in public adjuster contracts — the public adjusters also noted that they were in favor of the changes proposed. The language required that the contracts indicate that the public adjuster has no direct or indirect interest, including participation in activities that may be reasonably construed as a conflict of interest or as compensation by or interest in any firm that performs any work in conjunction with the damages incident to any loss the public adjuster has been contracted to adjust — except for the compensation or fee from the insured for such public adjuster's services.
• SB 224, authored by Senator Marty Harbin (R-Tyrone), was discussed this morning. It is a two-year proposition to address Chapter 25 of Title 33 to provide for certain protections for life insurance policyholders and beneficiaries; provide for an owner of a life insurance policy or annuity to have a right to be represented by a local agent when such policy or annuity is sold; provide for such owner to have a right to be represented by a local agent when such agent does not have a contract with such company; etc. There was testimony provided by Bobby Potter with State Farm and on behalf of ACLI (an association of life insurers). Potter explained that State Farm already has dedicated agents and does what the bill seeks to require of insurers and agents. ACLI, however, raised concerns. Potter indicated that these companies often have different levels of customer service and may not have local agents. ACLI also had concerns about potential contracting impairments and the bill’s obligation to give out information when there is no contractual relationship. Potter also raised issues around compensation for these agents.

Chairman Walker also assigned the following legislation to subcommittees this morning:

• Property and Casualty Subcommittee (Senators Kay Kirkpatrick, David Lucas, Bill Cowsert, and Randy Robertson) - HB 480 and HB 518.
• Life and Health Subcommittee (Senators Marty Harbin, Steve Gooch, Ed Harbison, Nikki Merritt, and John Kennedy) - HB 315 and HB 63.

Senate Education and Youth Committee

Chairman Clint Dixon (R-Gwinnett) and the Senate Education and Youth Committee took up the following measures on Tuesday:

• HB 402, authored by Representative Scott Hilton (R-Peachtree Corners), was presented in LC 49 1355S. It addresses swim instruction for youth to prevent water-related accidents. It is named the “Edna Mae McGovern Act” in O.C.G.A. 20-2-779.3. It requires that:

At the beginning of each school year, each public school or local school system shall provide the parents and guardians of each child enrolled in such school or school system with information on the important role water safety education courses and swimming lessons play in saving lives. Such information shall be provided in electronic or hard copy format. Such information shall include options, if available within the vicinity of the public school or local school system, for age-appropriate water safety education courses and swimming lessons that can result in a certificate indicating successful completion, including courses and lessons offered for free or at a reduced price; however, that such information shall be provided directly to students who are 18 years of age or older.

Drowning is the number one cause of death in children ages 1-4 nationally. The legislation passed in Florida last year and most recently passed in Arkansas this year. Schools are not required to provide the training, just that they must offer information. The bill received a DO PASS recommendation without any changes. Senator Shawn Still (R-Norcross) will carry the legislation forward in the Senate. The legislation moves to the Senate Rules Committee.

• HB 147, authored by Representative Will Wade (R-Dawsonville), enacts the “Safe Schools Act.” in Chapter 2 of Title 20. It was presented as LC 49 1174EC and is the governor’s bill. Wade outlined that: 1) the bill is intended to continue to keep students and faculty safe and build on those efforts; 2) ensure that superintendents and associations and agencies support the legislation; 3) it is a mandate that systems require an incident response drill by October 1 annually, and the schools determine when and if announced or unannounced; 4) requires information to be shared with GEMA counterparts; and 5) bill allows PSC, GEMA, and PSC to design a certification if the school system wants to send a faculty member to learn about school safety and gang deterrents then the educator can receive a certification. Senator Shelly Echols (R-Alto) outlined that when she was a teacher, she underwent training about gangs and appreciates the legislation and drills. Senator Freddie Powell Sims (D-Dawson) also expressed appreciation for the legislation, indicating she would like the drills to be done twice annually rather than once. She also asked about the $60,000 for the schools and whether there is a fiscal note. Nothing is in the bill limiting the number of drills, and families and faculty do have the option to opt out of the drills. The legislation received a DO PASS recommendation without additional changes. The legislation moves to the Senate Rules Committee.

Senate Regulated Industries and Utilities Committee

The Senate Committee on Regulated Industries and Utilities was called to order by Senator Bill Cowsert (R-Athens) to discuss a few House Bills.

• HB 73, authored by Representative Joseph Gullett (R-Dallas), amends Chapter 3 of Title 46 of the O.C.G.A. to address bad actors in the residential solar installation industry. The measure has three components. It allows the PSC to regulate this market. It requires disclosures by the entity to its consumers. Finally, it requires the PSC to create a public service announcement video educating consumers on the process and costs of installation and upkeep. Cowsert asked a few questions on the COA requirement. Mr. Don Moreland with Georgia Solar Energy Associated and Mr. Pete Marty from Hannah Solar expressed support for the measure with a few reservations. Mr. Mark Woodall from the Sierra Club Georgia Chapter, Mr. Doug Teeper from Georgia Conservation Voter, and Ms. Janet Gare from Environmental Georgia expressed concern over the measure. Cowsert asked anyone with suggestions regarding the right supervisor for these bad actors to send him a note. No action was taken on the measure.
• HB 155, authored by Representative Chuck Martin (R-Alpharetta), amends Chapter 1 of Title 43 of the Official Code of Georgia Annotated to address license by endorsement for first responders' spouses. The measure approves licensure by endorsement but carves out firefighters, healthcare professionals, lawyers, and law enforcement officers. For those who move into Georgia and hold a current license issued by the prior state before establishing residency in Georgia, who are in good standing with their preceding state, and who pass any knowledge requirements can receive their license in Georgia. According to the author, this does not expedite the process or put these individuals ahead of Georgians. Senator Frank Ginn (R-Danielsville) asked about reciprocity on licenses and this difference. Senator Matt Brass (R-Newnan) asked if this measure was reviewed by GORRC. It was not because the measure does not change the licensing requirement.

This measure was still being discussed as this report went to print.

New Legislation

The following legislation of interest has been introduced:

What’s Next

The General Assembly will reconvene for Legislative Day 30, on Wednesday, March 8, at 10:00 a.m.