Gold Dome Report — Legislative Day 31

Legislators wrapped up a long Crossover week today with short floor sessions and a variety of committee meetings. Most notably, subcommittees of the Senate Appropriations Committee rushed to complete hearings on the FY22 Budget before leaving town today, signalling that revelation of a Senate spending plan may be near. Keep following the #GoldDomeReport for notes on what’s in and what’s out when the budget is unveiled.

The General Assembly returns on Monday for Legislative Day 32 and will be in session through Thursday, March 18, still aiming at adjournment Sine Die on March 31.

In today’s Report:

• Floor Action
• Committee Reports
• New Legislation
• Rules Calendars for Legislative Day 32

Floor Action

The House took up the following measure today:

• SB 4 - Drug Abuse Treatment and Education Programs; patient brokering; prohibit; definitions; exceptions; penalties; provide PASSED 151-0

The Senate took up the following measures today:

• SB 274 - Bartow County; homestead exemption; school district ad valorem taxes for educational purposes; provide PASSED 51-0
• SB 275 - Bartow County School District Ad Valorem Taxes; homestead exemption; increase exemption amount PASSED 51-0

Committee Reports

Senate Judiciary Committee
The Senate Judiciary Committee, chaired by Senator Brian Strickland (R-McDonough), met late Wednesday to consider the following legislation:

• HB 112, authored by Representative Trey Kelley (R-Cedartown), amends multiple Code sections to extend COVID-19 liability protections for one year from their current expiration on July 14, 2021, to July 14, 2022.

Representative Kelley presented the bill to the Committee, which he explained gave businesses the confidence to re-open during the pandemic and remains necessary today. Senator Elena Parent (D-Atlanta) expressed concern that the community is in a different place from last year and that this continued protection may not be necessary. Senator Bill Cowsert (R-Athens) explained that he did not agree with statutory signage language or the continuing liability for gross negligence under the law passed last year. Anna Adams of the Georgia Hospital Association spoke in favor of the bill.

Senator Cowsert offered an amendment to the bill that would strike “gross negligence” from the general and healthcare-specific liability limitations, which would eliminate any claim for negligence (simple or gross) based on injury from the inherent risks of COVID-19. Representative Kelley explained the current language is a delicate balance and encouraged the Committee to reject the amendment. The Committee voted 4-5 rejecting the amendment and then recommended the bill DO PASS and be sent to the Rules Committee.

• HB 322, authored by Representative Marcus Wiedower (R-Watkinsville), amends Titles 15, 19, and 49 to redefine "sexual exploitation" in relation to the Juvenile Code, domestic relations, and child abuse records to exclude prostitution

Representative Wiedower presented the bill to the Committee, noting that it is requested by the Office of the Child Advocate. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

• HB 497, authored by Representative Chuck Efstration (R-Dacula), is the annual Code Revision Committee bill. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HB 620, authored by Representative Rob Leverett (R-Elberton), amends Title 51 to revise and clarify the procedures for the payment of settlements involving claims of minors.

Representative Leverett presented the bill to the Committee, and the Georgia Trial Lawyers Association spoke in support. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

Compensation Subcommittee of the Senate Appropriations Committee
The Compensation Subcommittee of the Senate Appropriations Committee, chaired by Senator Brandon Beach (R-Alpharetta), met early this morning to discuss four compensation resolutions sent over by the House on Crossover Day. Chairman Beach indicated that this meeting would serve to simply introduce the committee to the measures and action would be held until a subsequent meeting.

• HR 24, HR 25, and HR 26, all authored by Representative Derrick Mallow (D-Savannah) compensate Dominic Lucci, Mark Jones, and Eric Gardiner, respectively. Representative Mallow explained that these individuals were wrongfully convicted of murder in the same case and served over 25 years in prison. In response to a question from Senator Ben Watson, Representative Mallow explained that the resolutions’ compensation amounts are based on the estimated amount the individuals would have received from their careers in the army if they had not been convicted.
• HR 29, authored by Representative Carolyn Hugley (D-Columbus), compensates Jaikeith Robinson for a wrongful double jeopardy conviction for which he served over 19 years in prison.

Chairman Beach concluded the meeting by thanking all committee members and the authors of the resolutions for their participation and explaining that the committee could meet next week for further action on the measures.

Senate Public Safety Committee
The Senate Public Safety Committee, chaired by Senator John Albers (R-Roswell), met this afternoon to consider multiple bills including:

• HB 218, authored by Representative Mandi Ballinger (R-Holly Springs), amends Title 16 to provide for weapons carry license reciprocity with other states. Representative Ballinger presented a substitute to the bill which includes changes requested by the probate courts to clear up any potential confusion about their licensing role. Representative Ballinger also asked the committee to remove Section 4 of the bill in its entirety. Senator Kim Jackson (D-Stone Mountain) asked why this change is requested. Senator Bo Hatchett (R- Cornelia), the bill’s Senate sponsor, explained that the section, as written, would prevent the National Guard from shutting down a weapons store in the event of an invasion; thus, the Governor’s office requested this section be deleted. Senator Jackson also asked if individuals from other states would be held accountable to Georgia’s gun laws. Representative Ballinger explained that these individuals would still be required to adhere to Georgia’s laws. Senator Jackson also asked how a law enforcement officer would be able to verify the legitimacy of another state’s license. Representative Ballinger answered that the law enforcement officer would have to contact that state’s issuing authority. The proposed amendment was adopted. Senator Tyler Harper (R-Ocilla) proposed another amendment to alter the title of the bill to delete references to the now-deleted section 4. This amendment was also adopted. The committee recommended the bill DO PASS as amended.
• HB 168, authored by Representative Jesse Petrea (R-Savannah), amends O.C.G.A. § 42-5-36 to exempt certain inmate records for individuals that were convicted of a dangerous sexual offense against a minor or serious violent felony from being considered state secrets when requested by a district attorney. Representative Petrea presented the bill to the committee and explained the impetus for the bill. Senator Valencia Seay (D-Riverdale) asked how many individuals are arrested for serious violent felonies in Georgia per year. Representative Petrea did not have this information. Senator Kim Jackson asked if the Representative would permit inmates to receive access to these records as well. Representative Petrea explained that these records contain information that could jeopardize the safety of corrections officers which is the original reasoning for their designation as a state secret.

Speaking in opposition to the bill, Jill Travis with the Georgia Association of Criminal Defense Lawyers discussed her concerns that this would create an asymmetrical information environment because inmates may not have the ability to keep up with documents while in custody. Additionally, Ms. Travis discussed a few instances of incorrect disciplinary information that inmates were unaware of before a parole hearing. Senator Harold Jones (D-Augusta) expressed his opposition to the bill on the basis of balancing fairness for the inmate and safety of the community. He does not believe the bill, as written, provides this balance. Senator Randy Robertson (R-Catuala) expressed his desire for some type of custodial provision to destroy the record upon the conclusion of the hearing. Ultimately, the committee recommended the bill DO PASS in its current form.

• HB 453, authored by Representative Lauren McDonald III (R-Cumming), amends Title 40 to ensure eligibility for firefighter license plates. The committee recommended the bill DO PASS.
• HB 364, authored by Representative J. Collins (R-Villa Rica), amends Title 43 to streamline the certification process of private security guards with post certification. The committee recommended the bill DO PASS.

House Education Committee
Chairman Matt Dubnik (R-Gainesville) and the House Education Committee met this afternoon, shortly after the conclusion of the House Rules Calendar debate, and took up these bills:

• SB 88, authored by Senator Russ Goodman (R-Cogdell), is a part of the Governor’s legislative package and creates the “teacher pipeline.” This legislation is about recruiting, mentoring and preparing teachers. Senator Goodman explained the initiative, which is a series of amendments in Chapter 2 of Title 20, and includes language to provide that the Georgia School Teacher of the Year shall serve as an “ex officio” member of the State Board of Education. It also contains language for a nontraditional teacher certification program for members and veterans of the United States armed forces. It also provides for up to three years of creditable service for previous military service for certain teachers. It also contains a mandate for local school systems participating in a tiered evaluation system to use the time saved due to reduced evaluations for evaluators to coach and mentor certain teachers. It also has provisions to provide for the Professional Standards Commission to require that teacher education programs include mandatory coursework in differentiated instruction and reading fundamentals. It also provides for the Professional Standards Commission to promote increased student enrollment in and completion of teacher education programs offered at historically black colleges and universities in Georgia. There were several questions posed to the author by Committee members. Miranda Williams, Governor Kemp’s Education Policy Advisor, also helped respond to questions about the legislation. Representative Randy Nix (R-LaGrange) asked for more details on the Teacher of the Year’s participation with the State Board of Education, noting that a prior Teacher of the Year had been hostile to the legislature. Representative Mike Cheokas (R-Americus) questioned the participation of the Teacher of the Year at the State Board of Education and whether the individual would be involved in executive sessions (he served on the State Board of Education for two year) and whether there might be a conflict of interest as often times those executive discussions involved employment matters. Representative Mesha Mainor (D-Atlanta) inquired about minimum standards for the agriculture or technical education teachers when there was a waiver of a bachelor’s degree made by the Professional Standards Commission for an individual in the nontraditional teacher certification. The legislation received a DO PASS recommendation, and the bill now moves to the House Rules Committee. Representative Dominic LaRiccia (R-Douglas) will carry the legislation forward in the House.
• SB 220, authored by Senator Chuck Payne (R-Dalton), creates the “Georgia Civics Renewal Act” in a new Code section O.C.G.A. 20-14-95. Senator Payne indicated it creates a bipartisan commission composed of 15 members. This commission establishes curriculum recommendations, looking at the study of state and local government among the state's citizenry, the importance of civic engagement and public service, and communication and collaboration among organizations in the state that conduct civics education. There were questions from the Committee regarding concerns about the current partisan divide in government; however, all agreed that civics needs to be taught in schools. Representative Wes Cantrell (R-Woodstock) offered an amendment, which was adopted, adding two individuals to this commission (one member each from GMA and ACCG). The legislation received a DO PASS recommendation as amended, and it now moves to the House Rules Committee. Representative Matthew Gambill (R-Cartersville) will carry the bill forward in the House.
• SB 159, authored by Senator Steve Gooch (R-Dahlonega), brought a substitute in Chapter 2 of Title 20 to his legislation which he indicated provides for local control, is “less” government, saves taxpayer funds, and is good for students. It authorizes school districts to use alternative forms of transportation to carry students with special needs or who are homeless to and from school-related activities. The requirements for this transportation will be established by the Department of Education, including types of vehicles, inspections of the vehicles and requirements for drivers. The local boards, though, will make the decision. It does not permit local boards of education to use services such as Uber or Lyft. There is an exemption provided in Section 3 of the legislation so that these alternate forms are exempt from school bus laws. [A similar House bill is HB 455 but it does not have the exclusion for Uber and Lyft.] There were inquiries from the Committee if the legislation would cover youth who may be in transient circumstances, and Senator Gooch indicated that it does. The Committee gave the bill a DO PASS recommendation, and the substitute now moves to the House Rules Committee. Representative Tim Barr (R-Lawrenceville) will carry the legislation forward in the House.
• SB 66, authored by Senator Jason Anavitarte (R-Dallas), seeks to make amendments in Titles 20 and 48. The legislation will dissolve the Public Education Innovation Fund Foundation. Further, it seeks to permit the Georgia Foundation for Public Education to have the ability to receive private donations to be used for grants to public schools. The Innovation Fund was commenced in 2013 and a tax credit was created in 2017. The Committee asked questions concerning the tracking of data around the grants provided by theInnovation Fund; rural grants made in 2020 were $127,000 and they had received $650,000. There is data tracked on the numbers of students who have been assisted with the grants made and there have been 110 schools/districts that have received funding. There were also questions by Representative Wes Cantrell (R-Woodstock) regarding whether teacher groups, school boards and school superintendents supported this legislation. Senator Anavitarte indicated he had not received any negative comments. Representative Bee Nguyen (D-Atlanta) inquired if the funds to be used for public education were restricted; it was explained that there is a grant application process and there are outcome measures requested. The Committee gave a DO PASS recommendation to the Committee Substitute; the legislation now moves to the House Rules Committee. Representative Matthew Gambill (R-Cartersville) will carry the legislation forward in the House.
• SB 106, authored by Senator Gail Davenport (D-Jonesboro), seeks to address multi-tiered systems of support for children who are students in pre-k through the third grade in an effort to include wraparound services (which are defined in the legislation) prior to expelling or suspending a student for five consecutive or cumulative days. The legislation proposes changes to O.C.G.A. 20-2-742. Representative Randy Nix (R-LaGrange) reminded the Committee that he and Representative Wayne Howard (D-Augusta) had passed a bill in 2018, HB 740, so as to require that schools address the needs of children who cannot hear, see or speak properly before they expel children from school. Representative Nix further reminded the Committee that parent responsibility, however, is necessary. Representative Mesha Mainor (D-Atlanta) indicated she had concerns about expelling or suspending such young children. The legislation has, however, received a number of changes in terms of the students who are to receive these wraparound services (which grades). There were other questions around funding for these wraparound services as well as what action triggers the multi-tiered systems of support. Due to the numbers of questions posed, the Chairman indicated that he would hold the legislation in an effort to let the Committee members work with the author on the bill. Thus, the legislation was held.

Economic Development Subcommittee of the Senate Appropriations Committee
The Economic Development Subcommittee of the Senate Appropriations Committee, chaired by Senator Jeff Mullis (R-Chickamauga), met late in the afternoon to hear testimony from agencies on the FY 2022 budget.

Georgia Environmental Finance Authority

• Executive Director Kevin Clark explained the Authority’s small budget which had no new programs for the 2022 fiscal year.

Public Service Commission

• Commission Chair Tim Echols discussed the Commission’s continued need for funds to cover expected legal costs to be used in the Commission’s defense of a Voting Rights Act lawsuit. The total expected cost is $100,000 on top of the $35,000 that was added in the amended budget. He asked the committee to keep the $50,000 that was added by the House and allocate another $50,000 in the amended budget next year.

Department of Economic Development

• Commissioner Pat Wilson discussed the agency’s budget which included an economic development project manager position and $100,000 for the international relations division. Chairman Mullis asked which area of the world the Department works with the most. Germany and South Korea top the list.

Georgia World Congress Center

• Executive Director Frank Poe discussed the GWCC’s difficulties during the COVID-19 pandemic including reductions in staff by almost two-thirds. About $15 million had been saved as a rainy-day fund but the GWCC has spent about $13 million of this fund. The organization does still have cash liquidity due in-part to business interruption grants.

New Legislation

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

• HB 746, authored by Representative Marvin Lim (D-Norcross), amends Title 34 to specify that an employer maintains a duty to provide a safe place of employment. This bill was referred to the House Industry and Labor Committee.
• HB 751, authored by Representative Rick Jasperse (R-Jasper), amends Title 20 to establish a Pay As You Earn student loan program within the Georgia Student Finance Authority. This bill was referred to the House Higher Education Committee.
• HB 752, authored by Representative Sharon Cooper (R-Marietta), amends Titles 16, 29, 31, 37, and 49 to provide for the "Psychiatric Advance Directive Act." This bill was referred to the House Health and Human Services Committee.
• HR 370, authored by Representative Shea Roberts (D-Sandy Springs), creates the House Study Committee on the Impact of Active Shooter Drills in Schools. This resolution was referred to the House Education Committee.
• HR 372, authored by Representative El-Mahdi Holly (D-Stockbridge), urges the Georgia's Employment First Council to develop recommendations on how to best transition current use of sub-minimum wage practices to competitive integrated employment options for people with developmental disabilities. This resolution was referred to the House Industry and Labor Committee.

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

• SB 288, authored by Senator Jen Jordan (D-Atlanta), amends Title 20 to require the testing of drinking water in child care learning centers and schools for lead contamination. This bill was referred to the Senate Education and Youth Committee.
• SB 291, authored by Senator Jen Jordan (D-Atlanta), amends Title 34 to include COVID-19 within the meaning of occupational disease for essential workers. This bill was referred to the Senate Insurance and Labor Committee.
• SR 225, authored by Senator Butch Miller (R-Gainesville), commends the Northeast Georgia Speech and Hearing Center. This resolution was adopted.

Rules Calendars for Legislative Day 32

The Senate is expected to take up the following measures on Monday for Legislative Day 32

• HB 111 - Financial institutions; clarify and remove superfluous language; provisions

The House is expected to take up the following measure on Monday for Legislative Day 32

• SB 5 - Professions and Businesses; patient protection measures for patients undergoing sedation in certain settings; provide