Chairman Richard Smith (center) before convening his final Rules Committee meeting on Thursday, Jan. 25, 2024. Photo: Olivia Buckner

The Georgia State Capitol took on a somber tone Tuesday as legislators paused to mourn one of their own. Representative Richard Smith, chairman of the House Rules Committee, passed away unexpectedly in the early morning hours after a short battle with the flu. Lawmakers and lobbyists were shocked by the news, announced by Speaker Jon Burns just before the day’s convening, as it slowly permeated the marble halls. From the rostrum, Speaker of the House Jon Burns remembered Smith as “larger than life” and “in every sense of the word, a good, good man," and his fellow members of the Columbus legislative delegation recounted his commitment to the local community, his sense of humor, and his heart for his fellow legislators, neighbors, and the people of Georgia.

Governor Brian Kemp appeared as a special guest in the House chamber on Tuesday to honor the memory of Smith and acknowledge the difficulty of the past several days, which have seen the line-of-duty death of Georgia State Patrol Trooper Jimmy Cenescar and three Georgians serving in the Army Reserve in Jordan: Specialist Breonna Moffett, Sergeant William Jerome Rivers, and Specialist Kennedy Sanders. But Governor Kemp noted, as did Speaker Burns, that Smith would want those under the Gold Dome to get back to work despite the sorrow and hurt. With our deepest sympathy and condolences to the family and friends of Smith and all of those Georgians lost, our #GoldDomeReport team will do just that.

In this Report:

• Floor Notes
• Committee Reports
• New Legislation
• What’s Next

Floor Notes

The House took up the following measures on Legislative Day 12:

• HB 878 - Uniform rules of the road; proper procedure for passing a postal service vehicle; provide - POSTPONED
• HB 884 - Douglas Judicial Circuit; provide for a fourth judge - PASSED 168-0
• HB 905 - Zoning procedures; provisions authorizing administrative officers to exercise zoning powers; repeal - POSTPONED
• HB 906 - Tifton Judicial Circuit; provide for a third judge - PASSED 168-0
• HB 976 - Elections; ballots used in optical scan voting systems shall use paper with a visible watermark security feature; provide - POSTPONED
• HB 985 - Georgia Higher Education Assistance Corporation; abolish - POSTPONED

The Senate took up the following measures on Legislative Day 12:

• SB 85 - "Speaker David Ralston Veterans' Retirement Act"; enact - PASSED 50-0
• SB 151 - "First Responders Appreciation Day"; designate September 11 of each year - PASSED 49-0
• SB 348 - Notification of Suspicious or Unusual Deaths; individual had not been seen by a physician prior to death; revise the period - PASSED 52-0
• SB 352 - Motor Vehicle Equipment and Inspection; standards for the alteration and operation of motor vehicles with modified suspension systems; provide - PASSED 41-9
• SB 366 - "Tax Expenditures Transparency Act of 2024"; enact - PASSED 50-0

Committee Reports

House Ways and Means - Income Tax Subcommittee

Representative Clint Crowe (R-Jackson) called the early morning meeting of the Income Tax Subcommittee to order to discuss the following measures:

• HB 461, authored by Representative Brad Thomas (R-Holly Springs), amends Title 48 regarding regulatory fees. LC 50 0693S seeks to eliminate some regulatory fees and requires proceeds from fees must fund the specific regulatory activity. Tucker Green, the lobbyist for many contracting associations, expressed support for the measure and explained this would help many construction trades.

Representative Brian Prince (R-Augusta) asked about accountability. It would be at the local level if someone felt there was an inappropriate fee, and a lawsuit could be filed. Representative Kasey Carpenter (R-Dalton) agreed with Prince and expressed concern that it would be helpful to ensure that fees go toward what they are regulating.

The measure received a DO PASS recommendation.

• HB 1015, authored by Representative Lauren McDonald (R-Cumming), amends Title 48 relating to income tax. This is part of the Governor’s legislative package. The measure seeks to accelerate the income tax cut. The measure reduces the tax by roughly 10 basis points, equaling $300 million back to citizens. HB 1437 (2022 Session) reduced the income tax rate to a flat 5.49%; this bill will reduce it further to 4.99%.

Representative Robert Dickey asked if this will begin in 2024. That is correct.

The subcommittee chair, Bruce Williamson, waived the two hearing rule. The measure passed unanimously and moves to full committee.

• HB 1021, authored by Representative Lauren Daniel (R-Locust Grove), amends Title 48 relating to dependent exemption. The measure increases the deduction for dependents from $3,000 to $4,000 per child.

This is the speaker’s bill, and a motion was made to waive the two hearing rule. The measure passed unanimously and moves to full committee.

• HB 814, authored by Representative Beth Camp (R-Concord), amends Title 48. The measure expands the definition of qualified investment property to include fiber-optic cables under tax credits for existing manufacturing and telecommunication facilities in tier 1-4 counties.

Representative Patty Stinson (D-Butler) asked about the impact on EMCs. Camp explained the EMCs are not impacted because they are not taxed. Representative Debbie Buckner (D-Junction City) asked about the average credit a company could receive. It is roughly a 3% credit since it is tiered based on rurality. The highest being 5% and reducing based on tier.

No action was taken on the measure.

House Ways and Means - Ad Valorem Subcommittee

Representative David Knight (R-Griffin) called the early Tuesday morning meeting of the Ad Valorem Subcommittee to order to discuss one measure:

• HB 1019, authored by Representative Matt Reeves (R-Duluth), amends Title 48 regarding homestead exemption. The measure seeks to double the statewide homestead exemption from $2,000 to $4,000. In 1978, the average home was $55,000. This measure will require a two-thirds vote and a statewide referendum. This is for owner occupied homes.

Representative Debbie Buckner (D-Junction City) asked about the county impact. Many counties have already increased, so it depends if a county has exceeded the state minimum. Representative Shaw Blackmon (R-Bonaire) added that certain local governments have carved it in or out. Representative Kasey Carpenter (R-Dalton) clarified if the local government is sending the money to the state, $2,000 or $4,000, or vice versa.

ACCG explained this does not apply to all homesteads.

The measure passed unanimously.

House Governmental Affairs - State & Local Government Subcommittee

Chairman Victor Anderson (R-Cornelia) called the Subcommittee to order Tuesday afternoon to discuss the following measures:

• HB 999, authored by Representative Lynn Smith (R-Newnan), amends Title 36 relating to special rural districts. This measure stems from the House Rural Development Council. In a lot of rural counties, few services are provided. Creating this new designation would allow more resources to go to those counties. For a county to have this designation, they must apply through the Department of Community Affairs.

Several committee members had questions regarding funding streams and services provided. No action was taken on this measure.

• HB 1044, authored by Chairman Anderson, amends Titles 13, 20, 36, and 50. The original measure was vetoed by the governor in 2023. The measure previously extended bid requirements for public works for county and city governments. The governor’s office advised that the measure should also apply to state level purchasing, which is included in the new version.

Todd Edwards with the Association of County Commissioners and Jim Thornton with the Municipal Association expressed support for the measure. As this was a first hearing, no action was taken on the measure.

House Public Health Committee

Chairman Sharon Cooper (R-Marietta) chaired a Public Health Committee this afternoon where the committee took up the following:

• HB 1010, authored by Representative Jan Jones (R-Milton), addresses state employees’ parental leave in O.C.G.A. 45-20-17.  It would allow the maximum amount to be, for a rolling 12-month period, 240 hours (it is currently 120 hours). The bill received a DO PASS recommendation, moving forward to the House Rules Committee.
• HB 1035, authored by Representative Sharon Cooper (R-Marietta), seeks to permit an expansion of supplying opioid antagonists through vending machines in Titles 16 and 26. There was a 9-1-1 bill passed several years ago, and if there is medical distress, there will be no criminal charge unless they are a dealer of drugs. It was at that point that Narcan was discussed. Nothing in the bill changes the amnesty law. It addresses the Department of Public Health’s Dr. Toomey’s standing order on drugs to help these patients as there are drugs available — not just Narcan. It also permits getting drugs from over-the-counter.

Emory brought the idea of vending machines to allow for dispensing. Emory spoke to the chairman as the problem is so grave and would help at that college campus. Representative Jodi Lott (R-Evans) asked how the vending machines would work. The vending machine is in the Addiction Center, but they want it across all of its campuses, including their Oxford Campus. The pharmacists would fill the machines. Representative Lott indicated it should be like an AED — perhaps scan an ID or credit card in order to obtain the medication. Chairman Cooper is concerned that folks would not use it, likening the idea to dropping off babies when the state required moms to give their names before getting immunity. She fears that giving the name or being with someone that they know may limit the medications. No prescription is necessary for Narcan now. Being anonymous will de-stigmatize the issue per Representative Michelle Au (D-Atlanta). There are four of these machines now in the capitol for opioid antagonists. Representative Clay Pirkle (R-Ashburn) wants to see these as accessible as possible. Ryann Miller, with GHA, spoke in favor of the legislation. Jeff Breedlove, with the Georgia Council on Recovery, also spoke in favor of the legislation —  he noted other universities were looking at these types of options. The leading cause of death for Americans ages 18-45 is fentanyl. He was unaware of any causes or problems of taking the drugs inappropriately.  Chairman Cooper noted that these machines were not cheap.

The legislation received a DO PASS recommendation as presented, moving it forward to the House Rules Committee.

• HB 1037, authored by Representative Lauren Daniel (R-Locust Grove), seeks to enact the Commission on Maternal and Infant Health. Department of Public Health’s Megan Andrews spoke to the initiative, and there are opportunities to address maternal and infant health annually if this commission needs to have more ‘teeth.’  The home visiting program, for instance, is being expanded and serves as an extension of clinical care beyond their primary care —  looking at behavioral health concerns, linking to other programs such as TANF and Medicaid, etc. 

Some amendments were made, including adding references to primary care to be included on the commission. Representative Jodi Lott (R-Evans) offered an amendment at line 21 by adding a nurse and either a family practice or primary care physician to this commission. The legislation received a DO PASS as amended, moving it forward to the House Rules Committee.

Dr. Dennis Ashley presented information on the Georgia Trauma Commission (“GTC”). It was formed in 2007 for severely injured patients. Approximately 93% of these patients are making it to trauma centers (in the early 2000s, that was only 66%). A trauma system was put into code, and now Georgia is below the national age for mortality, and we were well above before — thus, the trauma facilities are saving lives. Trauma Care Readiness is the costs to be ready to be a trauma center operating 24/7/365, and what it costs to be verified and certified. Level I readiness costs are more than $10 million, and Level II is $4.9 million (these are peer-reviewed numbers).  Level III is $1.7 million, and Level IV costs are $81,620 - these are the lower-level systems that move patients to higher levels. In FY 2022, GTC funding was  $22.9 million (there are six Level Is and eight Level IIs). More than $109 million in readiness costs. Uncompensated care funding has held constant, but costs have grown over the years. Readiness is funded on 10 cents on the dollar now. Total readiness costs for all levels is $123.9 million, and uncompensated care costs for Levels I and II are more than $70.8 million (submitted charges are more than $659.1 million). A dollar investment in the trauma system is a positive return on investment, noting that ROI is $22.60 for every dollar (much higher than the Savannah Harbor Expansion Project, which was $7.30 on the dollar). The commission proposed $61.7 million as seven cents on the dollar, which is too low (paying 50% of the readiness costs to be paid by the state to recruit and maintain the current trauma centers). Representative Scott Hilton (R-Peachtree Corners) asked about the shortfall of the trauma centers — $60 million from the state would help with the shortfall. Representative Au asked about obtaining federal funding — to expand Medicaid.  Yes, that could help offset, but it would not impact readiness costs, which would still be required.

GSU has a dinner planned for lawmakers where there will be a presentation on Medicaid, including the redetermination efforts for the program.

Senate Judiciary Committee

The Senate Judiciary Committee, chaired by Senator Brian Strickland (R-McDonough), met on Monday afternoon to consider the following measures:

• SB 378, authored by Senator Marty Harbin (R-Tyrone), amends Code Section 16-5-46 relating to sex trafficking. The measure seeks to combat sex trafficking by creating a new felony if the victim is under age 18 or developmentally disabled.

The measure received a DO PASS recommendation.

• SB 392, authored by Senator John Albers (R-Roswell), amends Title 21 regarding artificial intelligence. The measure seeks to create guardrails for AI by preventing its use to falsely impersonate a political candidate, also known as creating a deep fake.

Many members expressed concern over enforceability. No action was taken on the measure.

• HB 166, authored by Representative Karen Mathiak (R-Griffin), amends O.C.G.A. 15-10-101 regarding Spalding County’s judicial circuit. LC 49 1712S addresses an issue with Mathiak’s local magistrate court judge and where the constable resides. The substitute alters start dates.

The measure unanimously passed and moves to the Senate Rules Committee.

Senate Children & Families Committee

Chairman Kay Kirkpatrick (R-Marietta) and the Children & Families Committee took up the following measures this afternoon:

• SR 471, authored by Senator John Albers (R-Roswell), seeks to enact a Senate Study Committee on Access to Affordable Child Care and options for Georgians. These services are needed for early education and assistance for working parents. Senator Estevez (D-Atlanta) agreed it was an important topic and asked about continuing learning while the children are in care, especially while expanding access to these services. A motion was made do pass (Hatchett/Robertson); the motion carried. The resolution moves to the Senate Rules Committee.

• SB 376, authored by Senator Blake Tillery (R-Vidalia), mentioned the Senate Study Committee held over the 2023 summer and fall.  This legislation in Chapter 11 of Title 15 addresses issues of permanency. When Senator Tillery took office, there were 13,000 in foster care, and that number has been reduced by 2,000 since that time due to the work of the General Assembly. Tillery stressed that it is generally best to leave children with family members if possible, and it is important to ensure that the family can provide care for the children. Sometimes, the family cannot take the child immediately, but it is in the child's best interest to be with the family. If a relative is interested in caring for the child, then we (the state) can check on that home now. If that check occurs, then it will be ready when the circumstances align. There has been a debate among judges as to what constitutes progress on a permanency plan — some courts feel that there should be movement on one item, for instance. Thus, Tillery has included that “substantial progress” be included. This is not a department bill; it does, however, contain a “burden” on the Department of Human Services when progress is not made with an “immediate” duty given to the department to change the case plan.

Chairman Kirkpatrick inquired about guardian ad litem (regarding lines 293-298) and whether that speeds up the process for that appointment. Guardian ad litem is to look after the best interests of the child. Judges already have the discretion per Tillery, but this clarifies when termination of parental rights may occur. Substantial progress will end up being defined by the courts and is not defined in the bill. Senator Kim Jackson (D-Stone Mountain) asked about lines 48-52 and the six months the family member has to declare active interest in the child. This speeds up the check of the home of that potential individual. Line 51-52, however, make Jackson nervous — perhaps a grandparent does not know that a grandchild is in custody. Her concern is that they could lose the opportunity to take custody of a child because they did not know how to make their interest known. Senator Matt Brass (R-Newnan) asked about Section 1, noting his bill previously on the permanency of a child with clear direction on when DHS could stop a search for a family. Senator Derek Mallow (D-Savannah) asked about legitimizing a child and who is a relative; his concern is the notice being given and whether it is provided to the legitimate father. 

Taylor Hawkins, with Front Line Policy Council, noted that they worked with various churches and advocates who fully support the legislation.

Senator Jackson offered an amendment to address her concern about the time frame of six months at line 50 — strike semicolon to line 52. Senator Brass indicated he wanted time and asked to table the proposal to work on the legislation to get it right. The motion to table was 7-2, so the bill was tabled.

• SR 474, authored by Senator Ben Watson (R-Savannah), addresses child protection. It urges the Division of Family and Children’s Services, Office of Child Advocate, and all Georgia counties to promote the provision of quality legal representation for parents, children, youth, and child welfare agencies at all stages of child welfare proceedings. Jerry Bruce, with the Office of the Child Advocate, also presented the resolution. The committee worked from LC 57 0007. Children in foster care for 29.7 to 19.9 months occurred when a pilot was implemented in Chatham County. 

The Resolution received a unanimous DO PASS recommendation, moving to the Senate Rules Committee.

• SB 387, authored by Senator Kay Kirkpatrick (R-Marietta), is about state identifications for foster care and amends Titles 40 and 49. Chairman Kirkpatrick noted that there are difficulties with obtaining those IDs. This bill is based on Arizona law and waives requirements for parents to sign for children ages 14-17, when in DFCS custody or when they do not have a residence address, to get the identification and waives the requirements of a fee to be collected.  It also requires that DFCS provide photo identification to that child and that child have such within 90 days of entering foster care. DFCS is supportive of the bill.  It will help with runaways, children obtaining employment, etc. DHS is okay with the extra responsibility.

Senator Randy Robertson (R-Cataula) requires the same information as any other citizen has to produce an ID — including being compliant with a real ID. They are not flagged as a child at risk. Senator Derek Mallow (D-Savannah) is concerned about children who do not have information available to them; it will fall on DHS to get the necessary documentation for the ID. Senator Kim Jackson (D-Stone Mountain) asked about the 90-day timeline — she noted that birth certificates from other states sometimes take longer than 90 days and are sometimes difficult to obtain. She asked what happens if the child loses the ID — will DHS help them get another? Kirkpatrick indicated that she would think about that replacement as the legislation does not contemplate replacement.

The legislation received a DO PASS recommendation, and it passed unanimously.  The legislation moves to the Senate Rules Committee.

• SB 401, authored by Senator Kay Kirkpatrick (R-Marietta), was presented as “hearing only.” It is the result of the Study Committee and the “shot clock” on dependency in Title 15. Data reporting requirements were passed previously, but there is no statewide system to report juvenile court data — those courts operate differently than other courts and are more county-dependent. The Office of the Child Advocate brought the data collection issue to the General Assembly’s attention, and there was no uniform statewide data collection. The information is needed so that the General Assembly can better address what is missing. Sections 2-4 eliminate service by publication requirements for adjudication proceedings — Kirkpatrick noted that publication can slow things down. It should take 15 days once a child is removed, and a listing will be made on all things causing the removal. Several systems are used, which are different from the superior court system utilized for capturing information. 

Senator Max Burns raised questions from his juvenile judge and the notice requirements being eliminated. Emily Cook, with the Barton Child Policy Center, spoke about the legislation and concerns about due process implications in the current legislation. Notice by publication is common across Georgia’s code — but this strikes notice to any party when they do not know where he/she is. If a challenge is made to any subsequent orders, it would then be likely successful, and the case remanded back for new proceedings.  Thus, there would be no finality of decisions. The 14th Amendment requires that notice. Senator Jason Estevez (D-Atlanta) asked about ideas other than a publication that might be successful. Publication is the last ditch effort. Courts look at “diligent” efforts. Senator Nikki Merritt (D-Grayson) asked if other folks have come forward with instances where notice of publication produced individuals even though the party may not have directly seen it. Dana Crim, a DFCS attorney, spoke to the concerns around the service provisions. It is about the parents who cannot be found and are not in touch with the lives of their children. DFCS will be required to show what it has done — affidavit or testimony. Crim explained that DFCS utilizes “Clear Search” to find individuals; they also look at Department of Labor information, send out process servers to locate individuals, look at jails to determine if individuals are in custody, contact parole, etc. Nothing removes the court’s discretion on what is placed in an affidavit or testimony. It is legislation modeled after Utah’s law, which has good results on permanency. There will be cost savings (Cobb County spent $8,000 last year on publication, and much of that was on adjudication publication). Service by publication when out of the country is more expensive. The committee will hear more on this proposal.

Senate Education and Youth Committee

The Education and Youth Committee was called to order Tuesday afternoon by Chairman Clint Dixon (R-Gwinnett) to discuss one measure:

• SB 405, authored by Chairman Dixon, amends Title 20 regarding the “Completion School Act.” The measure seeks to relieve barriers by lowering the dropout age to 16. Currently, if a student is between the ages 16 and 18 and a high school dropout, they cannot attend a completion school as an enrollment student.

Superintendent Dr. Sherri Gibney Sherman, Foothills Charter School, expressed support for the measure. Superintendent Richard Rentz, Coastal Plains, expressed support and described over 300 students who wished to attend their school prior to dropping out of their school.

The measure passed 5-1.

Senate Regulated Industries and Utilities Committee

Chairman Bill Cowsert (R-Athens) called the Senate Regulated Industries and Utilities Committee to order Tuesday afternoon to discuss several measures:

• SB 412, authored by Senator John Kennedy (R-Macon), amends Title 43 relating to professions and businesses. Currently, civil violations for charities are limited to up to $2,500 for a single violation and $5,000 for multiple. Individuals who violate this law can only be fined up to $250 for a single violation and $500 for multiple violations. The measure increases this to up to $10,000 for single and $100,000 for multiple for charities and individuals.

Senator Ed Harbison (D-Columbus) asked about the potential for internet scams and if someone would serve time for breaking laws. Senator Frank Ginn (R-Danielsville) asked about GoFundMe pages. They are not required to register until it goes beyond one page. There are complaints filed, and the Charity Division investigates as reports are made. Chairman Cowsert clarified the division had the power to suspend or revoke registration. The state requires paid solicitors to be registered. There are 48 for-profit solicitor companies that operate in Georgia.

The division is seeing a high volume of complaints of organizations impersonating charities. An example was given of a man going door to door claiming to be a specific charity. The man knocks on the door of one of the actual board members, who reports him to the Charity Division. The man was fined $500 and left to continue doing this.

The measure received a DO PASS recommendation.

• SB 410, authored by Senator Kay Kirkpatrick (R-Marietta), amends Title 43 regarding licensing. LC 44 2625S seeks to reduce workforce barriers in the veterinary community. The measure adds a new code section to create a six-month temporary license for veterinarians operating under a nonprofit or a government entity.

The substitute measure received a DO PASS recommendation.

• HB 434, authored by Representative Lee Hawkins (R-Gainesville), amends Title 43 regarding radiologist assistants. A substitute was offered. The measure would create a license for radiologist assistants who would practice under a radiologist's direct supervision. This would only allow licensed assistants to provide diagnostic testing; it would not allow assistants the ability to diagnose or prescribe medicine. The substitute reformats the original language to match other licensure code sections. Committee rules require substitutes to be presented 24 hours in advance. Since the changes were not finalized, Chairman Cowsert held the bill for further consideration.

New Legislation

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

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

What’s Next

The General Assembly will reconvene for Legislative Day 13 on Wednesday, Jan. 31 at 10 a.m.

The House is expected to take up the postponed measures on Legislative Day 13.

The Senate is expected to take up the following measures on Legislative Day 13:

• SB 335 - "Safeguarding Adopted Children from Sexual Violence Act"; enact
• SB 105 - Public School Employees Retirement System; the minimum and maximum allowable benefit multiplier for current and future retirees; revise
• SB 328 - Peace Officers' Annuity and Benefit Fund; provisions; revise
• SB 369 - Motor Vehicles; issuance of license plates commemorating the United States of America's semiquincentennial; provide
• SR 352 - Atlanta Public Schools; commend