The State Capitol was bursting at the seams on Wednesday as what seemed like the majority of Georgia’s ten million citizens crowded into the people’s house for various “days at the capitol.” Legislative Day 15 for the General Assembly was also 4-H Day, Law Enforcement Appreciation Day, and Young Lawyers Day at the Capitol. Representatives of these organizations and others made their presence known in the crowded halls. There were even alligators, real and costumed, present to promote the Okefenokee Swamp.

Despite the traffic jams at the Capitol’s public entrance and throughout the third floor, lawmakers managed to advance bills and resolutions through the legislative process on Wednesday. The House took up its first Rules Calendar of the year (aside from the Amended FY23 Budget last week) before representatives and senators started a marathon of committee meetings that continues as the Report comes to you. Check out details on what moved and crossed over in this #GoldDomeReport.

In this Report:

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

Floor Action

The House took up the following measures on the floor on Legislative Day 15:

• HB 35 - Georgia Ports Authority; provide for powers; expand arrest authority of officers (PS&HS-161st). The bill passed by a vote of 164-2.
• HB 52 - Transportation, Department of; amend notice provisions relative to meetings for election of board members; provisions (Trans-21st) The bill passed by a vote of 167-0.
• HB 55 - Banking and finance; provide for definitions; provisions (B&B-112th) The bill passed by a vote of 164-0.
• HB 77 - Dougherty Judicial Circuit; superior court; provide for a fourth judge (Substitute) (Judy-154th) The bill passed by Committee Substitute by a vote of 168-0.

Committee Reports

House Judiciary Non-Civil Committee

The House Judiciary Non-Civil Committee, chaired by Representative Tyler Paul Smith (R-Bremen), met on Wednesday to consider the following measures:

• HB 196, authored by Representative Alan Powell (R-Hartwell), amends Title 16 to provide that the Georgia Access to Medical Cannabis Commission shall be subject to the Administrative Procedure Act and laws governing open meetings and open records. The bill also allows each licensee one additional dispensary to be located at its production facility and distribution of another licensee’s products at any licensee’s dispensary. The bill establishes a legislative oversight commission and provides for up to four additional Class I licenses and five additional Class II licenses, up to a maximum of 14 Class I and Class II licenses. It also requires that licenses be issued by July 31, 2023, to apparent successful applicants and protestors in the pending licensing process. Finally, the bill adds ulcerative colitis to the list of qualifying conditions.

Chairman Powell presented the bill to the Committee, explaining the background and his desire to have the system fixed, and to get the process moving. Testimony on the bill continued at the report deadline. 

• HB 197, authored by Representative Derrick McCollum (R-Chestnut Mountain), amends Title 16 to provide for the offense of drug-induced homicide by which a distributor of fentanyl can be convicted if a user dies. The bill also provides for enhanced penalties for the distribution of fentanyl and distribution of fentanyl within 1,000 feet of any substance abuse treatment facility.

Representative McCollum presented the bill to the Committee, explaining he was bringing the legislation based on his experience as a retired first responder. He explained that Florida has already increased its mandatory minimum sentences related to fentanyl, and South Carolina is in the process. Several members of the Committee expressed concern about the practical implications of the legislation and potential breadth of its application. There was substantial agreement that something needs to be done regarding fentanyl, but legislators were wary of the approach as drafted.

Pete Skandalakis of the Prosecuting Attorneys Council spoke on the bill, explaining that it is not necessary because the existing felony murder statute provides ample ability to prosecute the target individuals. Jill Travis of the Georgia Association of Criminal Defense Lawyers echoed PAC’s position that no additional law is necessary. Skandalakis agreed to work with Travis to look at penalties associated with fentanyl distribution and bring back suggestions through Representative McCollum.

The Committee TABLED the bill.

Senate Insurance and Labor Committee

The Senate Insurance and Labor Committee, chaired by Senator Larry Walker (R-Perry), met on Wednesday to consider the following legislation:

• SB 27, authored by Senator Matt Brass (R-Newnan), amends Title 33 to prohibit a healthcare insurer from requiring an ophthalmologist or optometrist to extend any discounts on services that are not covered eye care services in order to receive increased payments, better reimbursements, preferential treatment, or any other benefit.

Senator Brass presented the bill to the Committee, explaining that it “ties up a loophole” created by a bill aimed to address this issue last year. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• SB 43, authored by Senator Kim Jackson (D-Stone Mountain), amends Title 45 to provide that death by suicide of a public safety officer in certain instances be considered a death in the line of duty for purposes of indemnification by the Georgia State Indemnification Fund. Specifically, the bill will provide for indemnification for any public safety officer who commits suicide within 30 days of being on duty.

Senator Jackson presented the bill to the Committee, which passed the Senate last year. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• SB 61, authored by Senator Brian Strickland (R-McDonough), amends Title 34 to repeal the sunset provision that allows for private employees to use up to five days of accrued sick leave to care for immediate family members. The bill was originally passed with a sunset date, and the bill only applies to employers of more than 25 employees and employers that provide sick leave.

Senator Strickland presented the bill to the Committee, and Keyona Jones of 9 to 5 Georgia spoke in support.

• SB 65, authored by Senator Ben Watson (R-Savannah), amends Title 33 to allow the State to establish its own health insurance marketplace.

Senator Watson presented the bill to the Committee, explaining that it will allow the State to establish its own health insurance marketplace in place of the federal exchange. According to Senator Watson, 17 states have already established their own marketplaces. Gregg Conley, General Counsel of the Department of Insurance, explained that individuals already enrolled on the federal exchange will be rolled into the State exchange automatically. According to. Conley, the State’s chosen vendor for the marketplace has established exchanges in five other states. Jesse Weathington of the Georgia Association of Health Plans appeared in support of the bill. The Committee recommended the bill DO PASS and be sent to the Rules Committee

Senate Public Safety Committee

The Senate Public Safety Committee, chaired by Senator John Albers (R-Alpharetta), met on Wednesday to consider the following measures:

• SB 41, authored by Senator Rick Williams (R-Milledgeville), amends Title 52 to require completion of a boater education course for registration of a watercraft. Specifically, the bill requires that any individual registering a boat for the first time complete a course unless he or she certifies that he or she has regularly operated motorized vessels for ten or more years. This course is already required for boaters born after 1998.

Senator Williams presented the bill to the Committee, which was supported by Kalkomey Enterprises and National Marine Manufacturers Association. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

Senator Williams presented the bill to the Committee. Senator Kim Jackson (D-Stone Mountain) asked when the individual would need to take the course and asked that language be included to clarify the time period within which the course should be taken.

• SB 42, authored by Senator Mike Hodges (R-Brunswick), amends Title 16 to increase the fine for failure to comply with posting requirements for public notices with human trafficking hotline information.

Senator Hodges presented the bill to the Committee, which recommended the bill DO PASS and be sent to the Rules Committee.

• SB 68, authored by Senator Rick Williams (R-Milledgeville), amends Title 16 to include the offense of dogfighting as a predicate crime for purposes of the racketeer influenced and corrupt organizations statute.

Senator Williams presented the bill to the Committee, which will allow dogfighting to be included in prosecutions under the RICO statute and be subject to the additional penalties available under the statute. John Melvin of the Georgia Bureau of Investigation appeared in support of the legislation. He explained that individuals engaged in dogfighting are frequently involved in multiple different types of crime, and the legislation provides additional power to prosecute these individuals. Senator Randy Robertson (R-Cataula) suggested that cockfighting should also be encompassed. Jessica Rock, the State’s animal crimes prosecutor, also spoke in support of the bill.

The Committee adopted an amendment intended to incorporate cockfighting if the pending bill criminalizing cockfighting ultimately passes, and the Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

Senate Joint Education & Youth and Higher Education Committees

Chairmen Billy Hickman (R-Statesboro) and Clint Dixon (R-Gwinnett) called the meeting to order. Commissioner of the Technical College System of Georgia was recognized to discuss adult education and local community and school system literacy efforts.

Commissioner Dozier introduced Dr. Kiana Good, and she oversees adult learners and programs such as the Certified Literate Community Programs (“CLCP”). CLCP is integrated into Family Connections, school districts, nonprofits, and technical colleges and is 100 percent free to students. Priority areas in CLCP are tutorials to enhance and supplement adult learning, marketing to market adult education programs to students and the community, and second-generation community outreach, which is to positively impact adult learners and their families. In 2023, the vision for CLCPs and Local Adult Education programs is to partner with existing schools, community organizations, community leaders, and adult learners to develop and implement a community plan for addressing literacy needs across the continuum. Senator Shawn Still (R-Norcross) asked about the workforce witness program deployment and if it would work with the literacy program. Commissioner Dozier updated the committee by explaining that there have been a lot of meetings on this. There are a lot of educational programs for job readiness, but he was unsure of if literacy would be included.

Chairman Hickman recognized Bulloch County Schools Superintendent Charles Wilson and their literacy program director, Crystal Simpkins. Superintendent Wilson noted that dependency to phones and tablets has impacted literacy by decreasing social skills and other forms of development. This is a community-based problem. Part of their balance is working with their community without creating barriers or getting in the way. This was added to the strategic plan for the county. This led to the development of the Literacy Council, which is focused on increasing literacy and improving kindergarten readiness. The county created a book bus with local buy-in to distribute books and increase home libraries. They created educational opportunities for caregivers to read to their children, which was a surprise for the council. The bus has distributed more than 20,000 books. They will be unveiling a second bus next month. Bulloch County is working to build a literacy-rich environment for students and families.

Barrow County Schools Superintendent Chris McMichael and Dr. Beth McMichael presented their counties' efforts in literacy. Their system has 15,000 students and 2,000 employees. Superintendent McMichael expressed that unity is more important than uniformity. Dr. McMichael described the framework for their programs, assessments, and measures of progress. The county has invested about $950,000 in materials. The reason for this is Dr. McMichael and her team realized there was not enough time for teachers to get the right materials. They used ESSR funds for staff.

Marietta City Schools Superintendent Dr. Grant Rivera expressed great passion for this issue. He explained we need to be setting up teachers and children for success. In Marietta, they have expanded the age range from birth to age eight on literacy. They partner with medical providers to work on developing children's reading brain. Their goal is to include literacy and brain development during the wellness checkups after birth. Senator Elena Parent (D-Atlanta) asked about screenings. Dr. Rivera felt requiring dyslexia screenings for children in kindergarten or first grade would be an important part of not only educating students but also improving teaching time.

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 16 on Thursday, February 9, at 10:00AM.

The House is expected to consider the following measures on Legislative Day 16:

• HB 119 - Uniform rules of the road; procedure for passing stationary vehicles; provide (MotV-174th)
• HB 120 - Motor vehicles; standards for issuance of limited driving permits for certain offenders; provide (MotV-174th)
• HB 175 - Motor vehicles; federal regulations regarding safe operation of commercial motor vehicle and carriers; update reference date (MotV-117th)
• HB 183 - Motor vehicles; temporary license plates and operating permits; revise terminology (MotV-5th)

The Senate is expected to consider the following measures on Legislative Day 16:

• SB 3 - "Reducing Barriers to State Employment Act of 2023"; enact (GvtO-56th)
• SB 23 - O.C.G.A.; various titles; revise a committee name; relating to inactive boards, panels, authorities, centers, commissions, committees, councils, task forces, and other such bodies; provisions; repeal (GvtO-32nd)