Louis Graziano, the last surviving veteran of World War II to witness Germany’s surrender, was honored in the Georgia House of Representatives on Monday. Photo: Georgia Public Broadcasting

Legislators were back in action early Monday, kicking off a day full of committee meetings with an eye-opener convening of the House Judiciary Non-Civil Committee. A 90-minute discussion of Georgia’s Criminal Code set the tone for a day filled with deep discussions around the intricacies in (and proposed for) the Official Code of Georgia Annotated. Time (and the #GoldDomeReport) will tell what stays, goes, and gets added with legislation once the legislative session concludes.

Although it had no Rules Calendar on Monday, the House had several notable moments on the floor. Representative Esther Panitch (D-Sandy Springs) spoke from the well on the antisemitic flyers distributed in her community over the weekend. The House stood with her in solidarity. Afterward, the House honored Louis Graziano of Thomson, Georgia, the last surviving veteran of World War II who personally witnessed Germany’s surrender at the Little Red Schoolhouse in Reims, France. Graziano, who turned 100 on Monday, was honored with House Resolution 82.

In this Report:

• Floor Action
• Committee Reports
• New Legislation

Floor Action

Neither the House nor the Senate had a Rules Calendar on Legislative Day 13.

Committee Reports

House Education Committee - Curriculum Subcommittee

This afternoon the Curriculum Subcommittee met and took action on one proposal, HB 81. For those schools which are in the lowest 25 percent SPLOST and property collections, it allows those districts to get buildout of new facilities. Once that occurs, that district rolls off the list for 10 years. It also permits consolidations of schools, but facilities are to be at least 35 years old. Chairman Chris Erwin (R-Gainesville) indicated that the Department of Education supports this legislation as it is good for teachers and students and allows for better and safer facilities.

House Education Committee - Policy Subcommittee

Chairman Scott Hilton opened the Policy Subcommittee which also had one bill on its agenda, HB 87. LC 49 1204S, revisions in Chapter 2 of Title 20, was presented by Chairman Chris Erwin (R-Gainesville), the bill’s author. This is known as the "Nontraditional Special Schools Act." It was described as going through quite a bit of a development process for the legislation. It is trying to assist students when they don’t fit the exact mold of the average student.  The bill is renamed, "Completion Special State Schools," written for grades 9-12 students who don’t fit the 8-3 mold. It discusses enrollment and how DOE is involved. Three programs in Georgia Mountain Ed, Coastal Plains and Foothills and moves the special state charters to locally approved charters. They are continued as LEAs like local school systems and permit them to serve in essentially the same capacity that they do now. Accountability and attendance areas are aligned with seven zones based on RESAs to allow more local control. It is hoped that underserved regions would get together to help the at-risk students. The hope is that seven of these schools would operate.

House Health Committee

Chairman Lee Hawkins (R-Gainesville) and his committee met this afternoon, getting a presentation on network adequacy from Gregg Conley, Executive Counsel at the Department of Insurance. Georgia OCI Health Market Scan was provided, showing some high-level information on the uninsured in Georgia. There were eight takeaways: net premiums; household composition; race; housing; access to a physician (perceived access can impact enrollment); education; geography; and health condition. Premiums which change by $50 can cause a six percent drop in enrollment in plans. Reinsurance can have dramatic changes. 200,000 individuals signed up during ACA open enrollment in Georgia this past year.

Kinn Elliott, Director of State Government Affairs at Sage Therapeutics, discussed postpartum depression issues and major depressive disorder - which costs $98 billion annually in the US. Individuals with major depressive disorders can take seven prescriptions. Postpartum depression impacts 500,000 women annually. No single incident brings it on. More women are impacted with major depressive disorders. Treatment for the patients are drugs which came to market in the 1980s. There are access challenges with the new ways to treat the diseases. Prior authorizations and step therapy reforms have been implemented. Newer treatments are faster acting for patients.

Two bills were discussed this afternoon:

• HB 124, by Representative Roger Bruce (D-Atlanta), which seeks to allow fire departments to respond to emergencies for patients and make transportation of those patients who have medical emergencies and is in response to lack of ambulance services in South Fulton County. It is not intended to be a revenue source but a way to get access to medical services. 

ACCG spoke to HB 124. Gabriel Carter provided comments to the legislation and is in agreement about healthcare disparities, needing an honest and thorough evaluation. Majority of EMS is funded and run by counties. Courtney Terwilliger also addressed the Committee as a professional in EMS services. The bill would cause chaos in 159 counties according to. Terwilliger.

• HR 43, authored by Representative Michelle Au (D-Atlanta), creates the Costs and Effects of Smoking Joint Study Committee. The Study Committee would examine the cost of smoking, including short-term and long-term healthcare costs, the impact on Medicaid and Medicare, childhood health costs resulting from secondhand smoke exposure, and the loss of worker productivity attributed to smoking.

No action was taken on either measure.

House Judiciary Non-Civil Committee

The House Judiciary Non-Civil Committee, chaired by Representative Tyler Paul Smith (R-Bremen), convened on Monday morning to consider two measures:

• HB 88, authored by Representative Houston Gaines (R-Athens), is the "Coleman-Baker Act." The bill amends Title 17 to provide for review of cold case murder files by law enforcement agencies upon request by a victim’s family member. The bill also allows a coroner to issue a preliminary death certificate to the family of a homicide victim before the exact cause of death is determined and appropriate for release.

Representative Gaines presented the bill to the Committee, which is being promoted by Eternal Vigilance Action. There were numerous questions about technicalities in the bill, so Chairman Smith sent the bill to a subcommittee for perfection.

• HB 139, authored by Representative Clint Crowe (R-Jackson), amends Title 17 to provide for restrictions of the disclosure of certain personally identifiable information of non-sworn employees of a law enforcement agency who are witnesses in felony and misdemeanor criminal cases. Specifically, the bill extends the restrictions currently in place for sworn officers to non-sworn employees.

Representative Crowe presented the bill to the Committee, explaining that the bill was passed by the House last year and failed to make it to the Senate floor for a vote. Representative Tanya Miller (D-Atlanta) asked how a defense attorney might access the information necessary to impeach a witness, and there was substantial discussion about whether non-sworn employees are subject to the same background checks of sworn officers and the appropriate duration of protection. Ultimately, the Committee recommended the bill DO PASS as presented and be sent to the Rules Committee.

Senate Health and Human Services Committee

The Senate Health and Human Services Committee, chaired by Senator Ben Watson (R-Savannah), met on Monday afternoon to consider the bill:

• SB 47, authored by Senator Chuck Hufstetler (R-Rome), amends Title 16 to include vaping in the prohibitions under the Georgia Smokefree Air Act of 2005. The bill prohibits vaping in public spaces in the same way that smoking is currently prohibited.

Senator Hufstetler presented the bill to the Committee as a substitute (LC 33 9340S) that simply incorporates vaping into the definition of smoking rather than inserting vaping at numerous locations in the Code. The bill was requested by the Department of Public Health, and the Georgia Center for Oncology Research and Education, Georgians for a Health Future, the American College of Physicians, the Georgia Society of Clinical Oncology, and the Georgia Chapter of the American Academy of Pediatrics appeared in favor of the legislation.

The Committee recommended the bill DO PASS and be sent to the Rules Committee.

Senate Judiciary Committee

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

• SB 44, authored by Senator Bo Hatchett (R-Cornelia), amends Title 16 to provide for mandatory minimum penalties for violation of the Street Gang Terrorism and Prevention Act. Specifically, the bill creates a five-year mandatory minimum for anyone who violates the Act and a ten year mandatory minimum for individuals who seek to recruit children into gangs. The bill allows for deviation from the mandatory minimums upon petition from the prosecutor or by the judge, provided there is a finding of certain facts on the record. The bill allows the prosecutor to appeal such a deviation.

Senator Hatchett presented the bill to the Committee as a substitute, noting that he is carrying the bill on behalf of Governor Kemp. The Georgia Bureau of Investigation spoke in support of the bill, and the Georgia Association of Criminal Defense Lawyers spoke in opposition to the measure. GACDL specifically expressed concern that there are already provisions in Georgia law that allow for prosecution of individuals who recruit individuals into a gang. GACDL also testified that mandatory minimums do not deter crime.

Testimony on the bill continued at our Report deadline.

• SB 60, authored by Senator Bo Hatchett (R-Cornelia), amends Title 10 to provide that it shall be illegal for certain persons to purchase, possess, obtain, or sell or attempt to purchase, possess, obtain, or sell used, detached catalytic converters, used utility wire, or used communications copper. The bill also allows recyclers to make payments of $100 or less to sellers in cash rather than check, as is currently required.

Senator Hatchett presented the bill to the Committee, which was considered last year. The Georgia Recyclers Association, Derrick Corbett of Pull-a-Part, and Eric DeSantos of the National Insurance Crime Bureau spoke in support of the bill. The Committee adopted an amendment to the bill that clarifies forfeiture required under the Code section occurs after conviction.

Senate Agriculture & Consumer Affairs Committee

The Senate Agriculture & Consumer Affairs Committee, chaired by Senator Russ Goodman (R-Cogdell), was called to order with a prayer. Chair Goodman recognized Senator Kim Jackson (D-Stone Mountain) to discuss a measure.

• SB 39, authored by Senator Kim Jackson, also named the "Georgia Hemp Farming Act," amends Chapter 23 of Title 2 of the O.C.G.A. The measure has been introduced in previous legislative sessions. The measure aligns Georgia’s code with federal laws. This measure prevents anyone with a felony within the last 10 years related to state or federally controlled substances from receiving a hemp license. Senator Bo Hatchett (R-Cornelia) asked if Senator Jackson had discussed this bill with the Department of Agriculture. She noted she had, and Commissioner Harper was supportive. With no further questions or public comment, the measure received a do pass recommendation.

After staff introductions, Chair Goodman adjourned the meeting.

Senate Interstate Cooperation Committee

The Interstate Cooperations Committee, chaired by Senator Colton Moore (R-Trenton), was called to order with introductions of members. The Committee then approved their rules. Members discussed their interests, including reviewing state employee certifications and occupational licensing to review barriers to entry. Chair Moore was amenable to the member's interests and adjourned the meeting.

Senate Finance Committee

Chairman Chuck Hufstetler (R-Rome) called the Senate Finance Committee to order.

• SB 51, authored by Senator Nabilah Islam (D-Lawrenceville), amends Chapter 8 of Title 48 to exempt feminine hygiene products from the states’ four percent sales tax. This measure classifies these products as non-prescription medical devices. This would bring the Georgia Tax Code into compliance with the Food and Drug Administration (“FDA”). Senator Doc Rhett (R-Marietta) asked why these products are currently taxed. Senator Islam felt this was an oversight. Senator John Albers (R-Roswell) asked what the cost savings per person would be. Senator Islam noted this number would be difficult to ascertain because everyone woman's use of these products varies. Senator Nan Orrock (D-Atlanta) asked if Texas was working on this. Senator Islam noted that their governor is looking into this. Senator Jason Estevez (D-Atlanta) asked for further details on menstrual equity. Senator Greg Dolezal (R-Cumming) asked functionally how companies like CVS are paying the tax for women while reducing the price of their brand of products and the number of women who live within a radius of 50 miles of this. Senator Islam noted she would look into this. Senator Bill Cowsert (R-Athens) asked about the constitutionality of this bill since appropriation matters must originate in the House. According to Senator Islam, the Georgia Constitution says the measure must originate in the House to raise revenue. Senator Shelly Echols (R-Alto) asked why students would not be attending school for this reason. Senator Brandon Beach asked Senator Estevez if the absentee rate changed after providing products in the schools. Senato Estavez was unable to provide a definitive answer.

Claire Cox from Georgia STOMP, Catherine, a North Gwinnett High School student, Lauren Walter, Niama Zia, and Kiera Stratford expressed support for the measure.

New Legislation

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

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

What’s Next

The General Assembly will reconvene for Legislative Day 14 on Tuesday, February 7, at 10:00AM.

The Senate is expected to consider the following measures on Legislative Day 14:

• SB 1 - State Government; automatic repealer on the prohibition on state and local governments from requiring proof of COVID vaccination for government services; remove (Substitute) (H&HS-27th)
• SB 26 - State Government; meetings and public hearings of development authorities and community improvement districts to be held by teleconference; permit (ED&T-27th)
• SB 36 - Pimping and Pandering; penalty provisions; increase (Substitute) (PUB SAF-29th)
• SB 37 - Sheriffs; qualification requirements for the office of sheriff; (PUB SAF29th)

The House has not adopted a Rules Calendar for Legislative Day 14.