Work was swift today in both chambers as lawmakers adjourned quickly in an effort to move to committee discussions on pending legislation. Deliberations are intensifying on HB 81, the proposed spending plan for the state’s FY 2022 budget as some of the Senate Appropriations’ subcommittees met today to learn more about the Governor and agencies’ priorities and changes made to the proposal by the House. One interesting fact emerged over the last day: the Department of Community Health, which oversees the Medicaid and PeachCare for Kids programs, has extended the care management organization (“CMO”) contracts for two years until 2024. Thus, the procurement for new CMO contracts will likely be postponed. The Senate will certainly make its fingerprint on the bill by establishing its funding priorities for HB 81 before a deal is made on the final document. Meanwhile, only ten days remain in the 2021 legislative session!

In today’s Report:

• Floor Action
• Committee Reports
• New Legislation
• Rules Calendars for Legislative Day 31

Floor Action

The Senate took up the following measures today:

• HB 93 - Health; eliminate duplicative state licensure and regulation of clinical laboratories; provisions PASSED 48-0
• HB 129 - Sheriffs; compensation; modify certain provisions PASSED 50-0
• HB 106 - Georgia State Indemnification Fund; replace the term National Guard with the term organized militia PASSED 51-0
• HB 105 - Military; pay for certain active duty by the organized militia; authorize PASSED 49-0
• HB 163 - Community Health, Department of; submit state plan amendment to implement express lane enrollment in Medicaid; direct PASSED 52-0

Committee Reports

House Insurance Committee
The House Insurance Committee, chaired by Representative Eddie Lumsden (R-Armuchee), met to consider the following legislation this morning:

• SB 43, authored by Senator Matt Brass (R-Newnan), is the "Noncovered Eye Care Services Act". The bill amends O.C.G.A. § 33-6-4 to prohibit insurance plans with eye care benefits from requiring optometrists to provide discounts for non-covered eye care treatment for patients within the insurer's plan.

Senator Brass presented the bill to the Committee as a substitute, which incorporates amendments from the subcommittee reflecting agreement between optometrists and ophthalmologists. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Higher Education Committee
Chairman Chuck Martin (R-Alpharetta) and members of the House Higher Education Committee held hearings on the following bills this afternoon -no action was taken on any of the measures:

• SB 107, authored by Senator Brian Strickland (R-McDonough), seeks to create in Article 12, Chapter 3 of Title 20 a tuition waiver and fee process for foster care and adopted students wishing to attend the Technical College System of Georgia. It includes a strong policy statement encouraging the University System of Georgia to create a similar process for those foster care and adopted students wishing to attend one of the schools under the Board of Regents. Division of Families and Children’s Services Director Tom Rawlings also spoke to the measure explaining that there are approximately 900 families who receive adoption assistance - these families have children with “special needs” (older at time of adoption; part of a large sibling group or have a disability). Further, there are about 700 youth between ages of 18-21 in the DFCS Independent Living Program (ILP) and those youth already qualify for housing and education assistance. 325 of those receive federal education and training vouchers. 325 youth are presently receiving these federal vouchers, and of those, 244 are attending University System of Georgia schools and the remaining are attending a school within the Technical College System of Georgia. These students are also taking advantage of other types of funding such as Pell grants. Rawlings estimated that it could be a $2 million annual cost if the USG students could receive the waivers (due to other federal funds available). The Committee had several questions and in particular were interested in adopted children being able to participate - the bill speaks directly to those who are adopted after their 14th birthday and also has language to assist those who have received adoption assistance. Rawlings did acknowledge that if a child resided out of the state and wished to attend a school in Georgia for college that child could access if he or she had received adoption assistance or was adopted after the age of 14. Representative Erica Thomas (D-Austell) testified in favor of the legislation as she grew up in foster care; she mentioned that only 3 percent of foster care students graduate from a four-year college and only approximately 50 percent of foster care youth graduate from high school. Representative Thomas stated that this bill is really needed.
• SB 81, authored by Senator Jeff Mullis (R-Chickamauga), seeks to amend O.C.G.A. 20-4-37 to rename the Office of College and Career Transitions to the Office of College and Career Academies. The legislation also seeks to provide for collaboration between the Technical College System of Georgia, this office and the Department Economic Development and local workforce boards. Mark Whitlock spoke to the legislation and the proof of attainment of skill set. The legislation is likely to have limited cost if enacted.
• SB 187, authored by Senator Lindsey Tippins (R-Marietta), seeks to permit an extension of a group of students to use the HOPE scholarship in O.C.G.A. 20-3-519.2. Last year, there was an extension of time allowed for students to receive hope, moving it from seven to ten years. There was a group of students left out who graduated between 2011-2018 with disabilities. This legislation seeks to provide students with identified disabilities (as defined by the ADA) the ability to have longer to complete their education. Representative Marcu Weidower (R-Watkinsville) commended Senator Tippins on the bill. There were questions from Representative Jasmine Clark (D-Lilburn) asking if students with a disability other than a physical disability would qualify (her concern was around students with a mental impairment).
• SB 204, also authored by Senator Tippins, seeks to provide in Chapter 4 of Title 20 a nexus between high school and technical school for a certain group of students. The legislation permits the Technical College System of Georgia the ability to grant a high school diploma to students who complete a technical school program. The legislation establishes a “pilot” program for this effort for five years. Senator Tippins indicated that he had worked with the Department of Education, Technical College System of Georgia and Student Finance Commission on the proposal. It does require that a student be 16 years of age who has withdrawn from secondary school, attend school and maintain good discipline. It is not to be seen as a “dumping ground” for nonproductive students. Senator Tippins noted that a GED has limited value. It will allow the Department of Education and Technical College System to work out “variances” for requirements for this high school diploma. The Committee inquired about efficiencies; Senator Tippins indicated that there should be net savings. Representative Patty Bentley (D-Butler) inquired about enrollment and which program students would be enrolling in; Senator Tippins indicated that would require student counseling and envisions some will enroll in high-demand area jobs.

House Governmental Affairs Committee
Chairman Darlene Taylor (R-Thomasville) and the House Governmental Affairs Committee held a hearing on SB 95, the legislation addressing the permission to permit meetings or actions by agencies to be held remotely or virtually during emergency conditions in O.C.G.A. 50-14-1(g). This legislation is similar to a bill authored by Representative Eddie Lumsden (R-Armuchee). Governor Kemp’s office has raised concerns relating to the legislation and that is being discussed. No action was taken today on SB 95.

Representative Joseph Gullett (R-Dallas) presented SB 182 for Senator Randy Robertson (R-Cataula) a bill addressing battery alarm fencing. [Note, this is similar to HB 130 authored by Representative Gullett.] The legislation proposes a new Code section at O.C.G.A. 36-60-12.1 which defines the term “fence detection system” an alarm or detection system which signals law enforcement or the property owner upon an intrusion or burglary. Senator Robertson indicated that many of these systems are purchased in tandem with other systems and are used in large industrial parks or warehouses. The Committee gave this bill a DO PASS recommendation and it moves now to the House Rules Committee. Representative Gullett will carry the bill in the House.

Senate Regulated Industries and Utilities Committee
The Senate Regulated Industries and Utilities Committee, chaired by Senator Bill Cowsert (R-Athens), met late Tuesday afternoon to consider multiple measures including:

• HB 150, authored by Representative Bruce Williamson (R-Monroe), amends Title 46 to prohibit local governments from passing ordinances to block the use of certain energy types based solely on the source of the energy. Sen. John Kennedy offered an amendment to include liquified petroleum gas that is sold independently at retail locations in the bill. Sen. Ed Harbison questioned the need for the legislation because no such ordinances have been enacted in Georgia.

Mike Giles with the Georgia Poultry Federation spoke in support of the bill. He explained that many poultry industry facilities require diverse energy sources and would not want their access to these sources restricted.

Jairo Garcia with Sustainable Georgia spoke against the bill. He explained that from a sustainable city planning perspective, the bill is not conducive to innovation. He also urged the committee to consider local control in their decision.

Dan Richardson with the Georgia Propane Gas Association spoke in favor of the bill. He urged the committee to protect consumer choice.

The committee moved that the bill DO PASS after amending the bill to include liquified petroleum gas.

• HB 124, authored by Representative Rick Williams (R-Milledgeville), amends Title 43 to allow for chemical cremation. The bill was presented as a committee sub which also reduces the frequency of the inspections required of crematories. Senator Jeff Mullis (R-Chickamauga) expressed concern that the substitute reduced the frequency of inspections too much. Representative Williams explained that the state would still inspect the crematories yearly but the substitute would reduce the frequency of manufacturer inspections. The committee recommended the committee substitute DO PASS.

House Judiciary Non-Civil Committee — Reeves Subcommittee
The Reeves Subcommittee of the House Judiciary Non-Civil Committee, chaired by Representative Bert Reeves (R-Marietta), met to hear the following bills today:

• SB 105, authored by Senator Brian Strickland (R-McDonough), amends Titles 17 and 42 to provide for a unified process by which felony probationers may seek early termination of probation following good behavior. Specifically, the legislation provides for a judicial pathway by which such individuals without arrests, at least 24 months without a probation revocation, and no outstanding restitution can petition a court for early termination. The bill also creates a uniform court standard for the grant of such relief: the best interest of justice and the welfare of community.

Senator Strickland presented the bill to the Subcommittee, and representatives of the Georgia Justice Project, REFORM Alliance, Faith & Freedom Coalition, and Koch Industries all spoke in support of the legislation. The Metro Atlanta Chamber of Commerce and Georgia Chamber of Commerce also support the legislation. Chairman Reeves expressed appreciation and support for the bill and noted that a vote will likely be taken on it next week.

• SB 117, authored by Senator Butch Miller (R-Gainesville), amends multiple Titles to provide for an offense of improper sexual conduct of a minor by a person in a position of trust.

Senator Miller presented the bill to the Subcommittee, and Athens-Clarke County Solicitor General C.R. Chisholm explained the legislation. A mother of a victim also spoke in support of the legislation. The Subcommittee took no action at this initial hearing.

• SB 235, authored by Senator Ben Watson (R-Savannah), amends Title 16 to exempt mask wearing to prevent the spread of COVID-19 or other infectious respiratory disease from state criminal anti-mask laws.

Senator Watson presented the bill to the Subcommittee, and a representative of the Coweta County Solicitor General’s Office explained the background and case law surrounding Georgia’s anti-mask statutes. Chairman Reeves committed to working on the legislation and considering it at a later date.

Senate Appropriations - Public Safety Subcommittee
Senator John Albers (R-Roswell) and his Public Safety Subcommittee met to hear from the agencies this morning. There were presentations from the Department of Corrections, Georgia Bureau of Investigation, Criminal Justice Coordinating Council, Department of Juvenile Justice, and Department of Public Safety. Some interesting pieces of information shared with the Subcommittee included:

• The Department of Corrections is experiencing a 42.8 percent turnover rate in staff. It is currently looking at costs associated with replacing staff (e.g. training, etc.). There were also questions regarding the closure of the Butler facility (a facility which was constructed likely in the 1980s); the facility is maintained in the Department’s inventory.
• The Georgia Bureau of Investigation is interested in locating medical examiners; this issue is critical nationally with approximately 1,200-1,300 needed pathologists and 500 open positions. Georgia also needs these individuals and is actively recruiting for those, including one in Macon. Director Reynolds has been in discussions with many of the state’s medical schools including Emory, MCG and Mercer and is planning discussions with Morehouse to work on a plan to address the needed forensic pathologists. Director Vic Reynolds was asked the number of agents within GBI; there are 280. He noted that perhaps for “full staff” there is a need for as many as 315-325.
• In talking with the Criminal Justice Coordinating Council, there were questions regarding VOCA funds and the potential cuts of between $8-$12 million. Director Neal indicated that these cuts would be hardest on rural areas of the state. The Subcommittee was interested in requirements for federal and state funds supplied to domestic violence shelters and rape crisis centers. Director Neal reminded the Subcommittee that these certified entities are required to operate 24/7. Additionally, VOCA funds go to child advocacy centers as well as victim services programs. Neal expressed concern that these entities, particularly in rural areas, are unable to raise philanthropic funds to plug the cuts.
• Commissioner Oliver, with the Department of Juvenile Justice, remarked on the “raise the age” legislation and its possible impacts to his department. The Commissioner noted that the 2020 numbers were skewed due to COVID but stated that there were 8,400 youth identified by CJCC and GBI in the 17 year old category and that of those 5,186 committed felony crimes and of those there were 284 who had committed one of the “seven deadly” crimes. He noted some of the numbers from metro-Atlanta which included 822 in Gwinnett; 669 in Clayton; and 618 in DeKalb. He does not have bed capacity in metro-Atlanta for this population and overall the population will double DJJ’s population if “raise the age” legislation is passed. Capacity now is 105 in YDCs and 462 in RYDCs. Oliver also mentioned that his turnover rate for his officers was 97 percent; fears are that inserting more dangerous and older offenders will make facilities more dangerous and impact the turnover rate more negatively.
• Colonel Wright, with the Department of Public Safety, stressed the requests for funding to create two new job classes for troopers - senior and master levels. The Subcommittee expressed its interest in addressing this classification with increases due to other jurisdictions which provide pay increases. He also accented the $3.2 million for trooper schools. In 20222, the Department has targeted a goal of three graduations. Each school is proposed to have 100 troopers; expected graduates are 75 from each. As of the end of 2020, there were 800 troopers on the road. Now, there are 767 troopers on Georgia highways. The Department’s requests also include some aircraft upgrades, mobile communications updates, and a new headquarters (which is now in the design-build phase).

Senate Finance Committee
The Senate Finance Committee, chaired by Senator Chuck Hufstetler (R-Rome), met this afternoon to consider multiple measures including:

• HB 63, authored by Representative Shaw Blackmon (R-Bonaire), amends Title 48 to revise the definition of fair market value for ad valorem tax. This legislation is a clean up provision for TAVT and leased vehicles. The bill, presented by Representative Blackmon, received a DO PASS recommendation, and it now moves to the Senate Rules Committee. Senator Steve Gooch (R-Dahlonega) will carry the bill forward.
• HB 149, authored by Representative Bruce Williamson (R-Monroe), amends Title 48 to allow Subchapter “S” Corporations to make certain elections when filing taxes. Representative Williamson explained that this bill addresses Subchapter S and LLC entities and how businesses which are pass-through entities pay state income taxes. It will provide savings for these businesses on their federal taxes and uses an IRS-approved methodology. Representative Williamson mentioned the SALT limitation ($10,000). Further, he mentioned that c-corps already enjoy this tax treatment. It will be a one-year election and is revenue neutral to Georgia. There is no “double dipping” permitted. The Metro Atlanta Chamber of Commerce, Georgia Chamber of Commerce, NFIB, and Georgia Bankers Association support the legislation. The legislation received a DO PASS recommendation, and it now moves forward to the Senate Rules Committee. Chairman Hufstetler will carry the bill forward.
• HB 271, authored by Representative Bert Reeves (R-Marietta), amends Title 31 to authorize the Department of Community Health to assess one or more provider matching payments on ambulance services for the purpose of obtaining federal financial participation for Medicaid. Representative Reeves explained that this legislation creates parity between private ambulance entities with those which are public entities and allowed to make intr-governmental transfers to the Indigent Care Trust Fund to receive federal UPL matching funds. There were no questions. The legislation received a DO PASS recommendation, and the legislation moves forward to the Senate Rules Committee.
• HB 292, authored by Representative Noel Williams (R-Cordele), seeks to amend O.C.G.A. 48-5-311(b)(2)(B) to eliminate the need for redundant training for boards of equalization after the initial 40 hour training requirement. The Georgia Superior Clerks Authority and Boards of Equalization have requested this change. The bill received a DO PASS recommendation, and it now moves to the Senate Rules Committee. Senator Chuck Payne (R-Dalton) will carry the bill forward.
• HB 374, authored by Representative Houston Gaines (R-Athens), seeks to amend O.C.G.A. 48-8-3(1) to provide an exemption from sales and use taxes for water and sewer authorities. This bill was previously introduced in 2020 but was caught in the bifurcated session. It seeks to level the playing field for water authorities owned and operated by multi-counties and those owned and operated by a single county. There is a fiscal note wThe legislation which has been prepared for the legislation; it is a cost of $3 million annually. The bill received a DO PASS recommendation, and it now moves forward to the Senate Rules Committee.

New Legislation

The following legislation has been recently read and referred to committee in the House:

• HB 713, authored by Representative Katie Dempsey (R-Rome), amends Title 50 to improve the state's mental health system as it relates to homelessness through continuum of care updates, supportive housing, and increased lengths of stay for acute mental health treatment. This bill was referred to the House Public Safety and Homeland Security Committee.
• HB 736, authored by Representative Timothy Barr (R-Lawrenceville), amends Title 45 to establish the Office of State Inspector General. This bill was referred to the House Governmental Affairs Committee.
• HB 738, authored by Representative Pete Marin (D-Duluth), amends Titles 16, 31, and 51 to provide for the production, manufacturing, dispensing, and use of medical marijuana. This bill was referred to the House Health and Human Services Committee.
• HB 741, authored by Representative Kim Schofield (D-Atlanta), amends Title 49 to make modernization updates to the state's TANF laws. This bill was referred to the House Health and Human Services Committee.
• HR 335, authored by Representative Matt Dubnik (R-Gainesville), recognizes February 2021 as Career, Technical, and Agricultural Education Month in Georgia. This resolution was adopted.
• HR 337, authored by Representative Jan Jones (R-Milton), urges the State Board of Education to create multiple diploma pathways for high school students. This resolution was referred to the House Education Committee.

Rules Calendars for Legislative Day 31

The Senate is expected to take up the following measures on Thursday for Legislative Day 31:

• SB 274 - Bartow County; homestead exemption; school district ad valorem taxes for educational purposes; provide
• SB 275 - Bartow County School District Ad Valorem Taxes; homestead exemption; increase exemption amount

The House has not set a Rules Calendar for Legislative Day 31.