Pink ties and red dresses abounded in the State Capitol on Tuesday as legislators and lobbyists celebrated Valentine’s Day engaging in the romance of the legislative process. Despite the exchange of chocolates and cards, representatives and senators put in a full day under the Gold Dome, passing several measures in their respective chambers before adjourning to an afternoon full of committee meetings. And, with meetings continuing at our report deadline, it appears some may be late for their dinner reservations (perhaps with their favorite lobbyists). Check out which legislation saw some love on Tuesday in this #GoldDomeReport.

For those of you looking ahead to the weekend, don’t plan an early departure on Thursday. The House announced that it will convene at 1:00 PM on its last workday of this week, perhaps in an attempt to keep members from skipping committee meetings and slipping into the weekend a little early. Expect early morning committee meetings followed by the afternoon floor session.

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 18:

• HB 76 - Professions and businesses; education, experience, and training requirements for licensure in marriage and family therapy; revise provisions (RegI-33rd). The bill passed by a vote of 173-0.
• HB 176 - Courts; increase amount of court reporters’ monthly contingent expense and travel allowance (Judy-8th). The bill passed by a vote of 172-0.

The Senate took up the following measures on the floor on Legislative Day 18:

• SB 27 - Unfair Trade Practices; healthcare insurer from requiring an ophthalmologist or optometrist to extend any discounts on services that are not covered eye care services; prohibit (I&L-28th). The bill passed by a vote of 51-0.
• SB 41 - Watercraft; completion of a boater education course for registration of a watercraft; require (PS-25th). The bill was TABLED.
• SB 42 - Human Trafficking Hotline Information; model notice requirements; increase the fine for failure to comply (PS-3rd) The bill passed by a vote of 51-1.
• SB 65 - Commissioner of Insurance; general provisions; establishing an advisory committee; provisions; authorize (I&L-1st) The bill passed by a vote of 32-19.
• SB 69 - Honorable Clarence Thomas; placement of a monument in his honor within the capitol building or grounds; provide (Rules-1st) The bill passed by vote of 32-20.
• SR 65 - Greater Georgia Action Inc.; former United States Senator Kelly Loeffler; recognize (Rules-18th) The resolution passed by a vote of 31-17.

Committee Reports

House Insurance Committee

The House Insurance Committee, chaired by Representative Eddie Lumsden (R-Armuchee), met early this morning, and moved swiftly through six proposals. Each received a DO PASS recommendation, moving them forward to the House Rules Committee. 

• HB 221, by Chairman Lumsden, was described as a “compromise” bill and was presented by Substitute ( LC 52 0264S). The legislation addresses O.C.G.A. 33-9-21 the ability of an insurer to file and use new rates.  There is a 60-day period for rates, once submitted to the Department of Insurance, to be reviewed unless the Department has questions and/or objects.   Otherwise, at the end of 60 days, the new rates go into effect.
• HB 279, authored by Representative Matthew Gambill (R-Cartersville), is a rewrite of a bill proposed in 2022 that did not make it through the Senate. The legislation adds a new Article 2 in Chapter 32 of Title 33 and allows construction that meets the “fortified standard” is eligible for an incentive to be offered by an insurer (such as a premium reduction). There is no requirement that property be “fortified” (become wind resistant for instance). The argument is that it will bring insurers into the market that might otherwise not be writing policies.  Insurers and the Department of Insurance support the legislation. Other states have adopted similar bills permitting insurers to offer incentives.
• HB 280, authored by Representative Matthew Gambill (R-Cartersville), is a model NAIC and adds new language in O.C.G.A. 33-24-59.31. It permits loss mitigation divides be provided by insurers - these are not considered as rebates.  Products to be offered can be smoke detectors, water leak sensors, and other types of products.
• HB 294, authored by Representative Buddy DeLoach (R-Townsend), seeks to address reinsurance contracts in O.C.G.A. 33-37-31.1 for carriers in liquidation (this impacts policies for life, long-term care, and annuities).  He used LC 52 0231 in his presentation.  Representative DeLoach explained that the Georgia Life and Health Guaranty Association was created in 1981 and is an option that may be used, and two other options are that the Department of Insurance may step in, or another insurer can be found for the contracts. The legislation spells out the insurer’s duties.  It also enumerates how to settle accounts and how those are paid.  If there are disputes, it outlines arbitration if arbitration is not outlined in the underlying contracts. This is a model NAIC bill as well.  The Department of Insurance supports the bill. It was clarified that all policy holders’ rights are protected.
• HB 315, authored by Representative Darlene Taylor (R-Thomasville), brought forth this legislation addressing criteria used for cost sharing requirements for breast diagnostic and supplemental screenings in O.C.G.A. 33-24-59.32.  The legislation strikes the current use of the National Comprehensive Cancer Network references so as to allow the Department of Insurance the ability to choose which new criteria is appropriate.
• HB 317, authored by Representative Darlene Taylor (R-Thomasville), addresses the  Employees’ Retirement System in O.C.G.A. 47-19-11 to permit life insurance benefits to be paid to funeral homes and any overage to be paid to beneficiaries.

House Public Health Committee

Chairman Sharon Cooper (R-Marietta) called the meeting to order.

• Representative Katie Dempsey (R-Rome) presented LC 33 9282, HB 213, which she described as an evidence-based proposal. 2009, the Assembly allowed but did not require schools to provide vaccinations to parents/guardians of students.  It stated that if such was shared with the schools the information should be shared - it does not mandate vaccines.  The age for providing influenza has changed to k-12 rather than grade 6-12. Meningitis language information sharing remains like current law.   It does not change information suggestions for other grades.  Local control is permitted.  CDC has deemed that the flu vaccine is now age appropriate. Representative Michelle Au (D-Atlanta) explained that the legislation aligns with clinical guidelines.  Representative Mike Cheokas (R-Americus) moved DO PASS, and his motion carried, moving the bill forward to House Rules Committee.  There was no public testimony.
• There have been a flood of calls from individuals on SB 1; the chairman explained that the House does not typically take up bills from the other chamber until around crossover date or after crossover date.  Further, Representatives urged that individuals read language before making calls.
• The second bill was HB 226, authored by Chairman Cooper, which passed out of the Committee and House last year, but the governor indicated the legislation was no longer needed as money was in the budget.  It is the same legislation as last year and directs in O.C.G.A. 49-4-142.6 that the Department of Community Health file an 1115 waiver with CMS for a demonstration project to cover individuals with HIV.   This legislation addresses the ability for individuals to get access to HIV medications and allows individuals to live normally if they take their medications with their viral suppression load, so that they do not transmit the disease.  It allows individuals who have HIV to go into Medicaid when eligible - it costs about $10,000 to treat folks, and if full-blown AIDS, it costs $30,000 annually (without hospitalizations).  Representative Michelle Au (D-Atlanta) moved DO PASS. 138 percent poverty level is in the legislation ($20,120 annually) and this is the number common to Medicaid expansion. The bill passed and the legislation moves to the House Rules Committee.

House Regulated Industries Committee – Regulatory Subcommittee

The House Subcommittee, chaired by Representative Ginny Ehrhart (R-Marietta), was called to order to discuss two measures.

• HB 154, authored by Representative Sandra Scott (D-Rex), amends Chapter 10 of Title 43 of the O.C.G.A. to enter Georgia into the Cosmetology Licensure Compact. This is an occupational licensing compact for individuals with a compact license to practice in multiple states. It is similar in form and function to other state compacts. Cosmologists must have state licensure in the state they reside. This compact would be governed by a group of member states. Currently, there are no states which have enacted this compact, but four have introduced legislation this year. No committee action was taken.
• HB 212, authored by Representative David Jenkins (R-Grantville), seeks to amend Chapter 10 of Title 43 of the O.C.G.A. to exempt niche beauty services from licensure. Niche beauty is threading, applying makeup, styling, braiding, and blow drying. Licensure has financial and time barriers. Currently, if you work for a store cosmetic counter or a movie company, you are already exempt. 32 states exempt hair braiders, 20 states exempt threaders, 10 states exempt makeup artists, and 5 states exempt blow dry and styling from cosmetology licenses. Representative Chuck Martin (R-Marietta) asked about the definition changes, which included removing barbering and removing the exemption for production. Representative Jenkins said he would review this and acknowledged his intent was not to remove anything. Representative Rick Jasperse (R-Jasper) added that some of these positions do need some form of chemical. Representative Jenkins noted that these would be products used in any home. He also noted that most of these people worked based on referrals and alluded to the free market weeding out bad actors. Chair Ehrhart explained the distinction between styling products to hair altering products. Representative Dale Washburn (R-Macon) asked if one could do this under the supervision of one with a license. Currently, you must be licensed. Representative Michael Smith (R-Marietta) asked if licensed individuals are required to have insurance.

Kay Kendrick from the Cosmetology Board expressed concern. Tony West from Americans for Prosperity expressed support for the measure. No committee action was taken on this measure.

House Energy, Utilities and Telecommunications Committee

The House Committee, chaired by Representative Don Parsons (R-Marietta), called the meeting to order. Chair Parsons noted they had planned to hear HB 300 but will hold the bill over until the next meeting.

Chairman Parsons recognized Jessica Simmons from the Georgia Technology Authority to present broadband progress.  Thanks to the General Assembly, the state is in a great position for broadband. One of our best tools is a map of availability at the location level based on census blocks. On the ‘red dot map,’ anyone can see whether locations are served. This is important to ensure the efficient use of funds. The passage of SB 402 allowed us to learn about service. The first grant program the state ran was ARPA funding and was in three grants for water/sewer, economic impact, and broadband. Looking at broadband, Governor Kemp announced $400 million in grant funding intending to serve 175,000 locations specifically unserved or underserved. Unserved is defined as 25 by 3 (25 megabits in the download and 3 megabits in the upload). Underserved is 100 by 20 (100 megabits in the download and 20 megabits in the upload). The FCC has discussed changing these thresholds. The state definition is 25 by 3 megabits. When you look at this single grant program, $700 million was invested. With this, all projects must be concluded by December 2026. The Capitol Projects Fund is a subset of ARPA for connectivity. Governor Kemp announced an additional $234 million for this project fund. GTA sees the more we get into these federal funds, the more federal oversight. We targeted unserved locations using the broadband map. At that point, we knew we had a capped amount. Ultimately, more than $450 million will be invested in last-mile projects by December 2026. The Infrastructure and Jobs Act was passed in November 2021 and gives each state a minimum of $100 million for broadband infrastructure. Broadband Equity Access and Deployment (“BEAD”) is a $42.5 billion disbursement to run grant programs within states to get to unserved areas. Funding comes from the Department of Treasury.

Representative Brad Thomas (R-Holly Springs) asked about newer technologies and if foresight for this was included in these infrastructure projects. Representative Ruwa Romman (D-Duluth) asked about discrepancies in the map. There is no exact percentage. When GTA reviewed it, they found over a million addresses missing. GTA narrowed it to unserved houses that the FCC did not know existed. In the second iteration of the map, it improved to 250,000 addresses. GTA believes the next map will be improved.

Senate Education & Youth Committee

The Senate Education & Youth Committee, chaired by Senator Clint Dixon (R-Gwinnett), met to consider the following legislation on Tuesday:

• SB 32, authored by Senator Jason Anavitarte (R-Dallas), amends Title 20 to require local education agencies to implement a mobile panic alert system capable of connecting disparate emergency services technologies to ensure real-time coordination between multiple state and local first responder agencies in the event of a school security emergency.

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

• SB 50, authored by Senator Max Burns (R-Sylvania), amends Title 20 to provide that local boards of education which operate a school with grades nine through 12 may provide instruction in lifeguarding and aquatic safety.

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

• SB 88, authored by Senator Carden Summers (R-Cordele), is the "Parents and Children Protection Act of 2023". The bill amends Title 19 to prohibit certain actions by an adult acting in loco parentis with respect to child privacy. Specifically, the bill prohibits such adults from discussing topics of sex education, sexual orientation, or gender identity without express parental consent.

Senator Carden presented the bill to the Committee, asking that the meeting be “hearing only” to allow for revisions to be made to the language. Senator Carden expressed that he has been working with school superintendents, school leaders, the Georgia Association of Educators, and the Professional Association of Georgia Educators to address concerns. Tom Rawlings, who helped craft the bill, also appeared before the committee to explain its need and rationale. Buddy Costley of the Georgia Association of Educational Leaders thanked Senator Summers for his openness to discussing the bill but expressed numerous concerns with the legislation. Sarah Hunt Blackwell of the ACLU of Georgia appeared in opposition to the bill, calling it unconstitutional.

Testimony was suspended due to another committee needing the meeting room, but Chairman Dixon explained that another meeting will be noticed for additional public testimony and to consider any revisions being proposed.

• SB 123, authored by Senator Jason Anavitarte (R-Dallas), amends Title 20 to require the state funded administration of a nationally recognized career and college readiness assessment and an assessment leading to a nationally recognized workforce credential to public school students in grades 11 and 12 who choose to participate. Any such assessment must be offered during regular school hours under the bill. The requirement would only take effect upon appropriations by the State.

Senator Anavitarte presented the bill to the Committee, and representatives of ACT, GeorgiaCAN, and Achieve Atlanta appeared in support of the legislation. Senators posed several questions about what assessments would be available and whether others should be offered. The representative of the ACT explained that the cost estimate to the State is approximately $5 million. The Committee recommended the bill DO PASS by Committee Substitute.

House Judiciary Committee

The House Judiciary Committee, chaired by Representative Stan Gunter (R-Blairsville), met to consider the following measures on Tuesday:

• HB 80, authored by Representative Rob Leverett (R-Elberton), amends Title 24 to enact the "Uniform Unsworn Declarations Act". The bill provides for unsworn declarations to have the same effect as sworn declarations in certain circumstances.

Representative Leverett presented the bill to the Committee, explaining that it was recommitted by the Committee on Rules for further perfection. Representative Leverett presented a substitute to the Committee that addressed Rules members’ concerns, limiting the scope of the act to declarations made outside of the United States. As presented, the bill now only applies to extraterritorial declarations. The Committee recommended the bill DO PASS by Committee Substitute and be sent back to the Rules Committee.

• HB 186, authored by Representative Rob Leverett (R-Elberton), amends Title 5 to revise an exception applicable to the filing of petitions for review in reviewing courts from lower judicatories.

Representative Leverett presented the bill to the Committee, explaining that it resolves several technical cross-references and dated references to petitions for certiorari from last year’s adoption of the State and Superior Court Appellate Practice Act (HB 916). The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• HB 220, authored by Representative Rob Leverett (R-Elberton), amends Title 44 to provide for means of enforcement of condominium and property owners' association instruments, rules, and regulations.

Representative Leverett presented the bill to the Committee, and Lanier Coulter spoke in favor of the bill on behalf of the Community Association Institute of Georgia. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• HB 243, authored by Representative Lynn Smith (R-Newnan), amends Title 15 to provide for an eighth judge of the superior courts of the Coweta Judicial Circuit.

Representative Smith presented the bill to the Committee, explaining that it is similar to other judgeship bills. The circuit currently has the fourth highest caseload in the state, behind Atlanta, Cobb, and Gwinnett, which each have ten judges. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Special Rules Committee

The House Special Rules Committee, chaired by Representative Steven Sainz (R-St. Mary’s), was called to order to hear several measures.

• HB 237, authored by Representative Leesa Hagan (R-Lyons), seeks to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated. This would designate the Southeast Soap Box Derby, the Official Soapbox Derby of Georgia. In 1934, there were 21 cars in competition. There are over 50 competitors, with one race designated for those with intellectual and developmental disabilities. The measure passed and is on to the House Rules Committee.

The following bills were hearing only.

• HR 119, authored by Chairman Steven Sainz, seeks to create a joint study committee to review censorship on social media. The measure also refers to acceptable use policies, transparency, and disclosure of internal policies. Representative Karen Lupton (D-Chamblee) asked what this committee is trying to address and what is not being disclosed. Chairman Sainz highlighted some of his reasons: the recent leaks of internal documents and reports of social media’s effects on young girls. Representative Martin Momtahan (R-Dallas) clarified his understanding of the measure which is to gain more knowledge of the relationship of social media and government. Representative Rhonda Taylor (D-Conyers) asked if the conclusion would be state censorship legislation. Chairman Sainz said that could be a solution, but other forms of regulation could exist. Representative Miriam Paris (D-Macon) expressed concern. No action was taken on this measure.
• HB 209, authored by Representative Jasmine Clark (R-Lilburn), seeks to amend Chapter 4 of Title 1 of the O.C.G.A., which would designate March 10th of every year as Harriet Tubman Day. In 1990, then President George Bush commemorated March 10th for Harriet Tubman, and in 2019, Governor Kemp also acknowledged the day by Proclamation. There are no federal or state holidays that celebrate a black woman, and this does not overlap any other holiday. No committee action was taken.
• HB 326, authored by Representative Matt Reeves (R-Duluth), amends Chapter 4 of Title 1 of the O.C.G.A. to designate January 17th as Muhammad Ali Day. No committee action was taken.
• HR 67, authored by Representative Mesha Mainor (D-Atlanta), acknowledges Georgia’s commitment to diversity, equity, and inclusion. No committee action was taken.

Senate Economic Development and Tourism Committee

The Senate Economic Development and Tourism Committee, chaired by Senator Brandon Beach (R-Alpharetta), met on Tuesday morning to consider SB 57, the “Georgia Sports Betting Integrity Act” by Senator Billy Hickman (R-Statesboro). The bill authorizes sports betting and defines fixed bet (not parimutuel) horse racing as a lottery game so that it can be authorized under the constitutional authority for the state lottery. The bill establishes a separate gaming commission for sports betting activities. The substitute limits kiosks for sports or horse betting to two units for a single location. There was some discussion as to whether this limitation applied to venues like the Atlanta airport or Mercedes Benz stadium or were intended to be two units for each retail establishment in such a location. The bill was opposed by three religious organizations, including the Georgia Faith and Freedom Coalition and the Georgia Baptist Mission Board. It was also opposed by three animal rights organizations who have particular interest in horses. They questioned the humanity and local processes for disposing of racehorses after their careers have ended. The Committee did not take a vote on the bill, but it was announced and emphasized that a vote would be taken at the next committee meeting. That may occur later this week or at the regular committee meeting time next Tuesday morning.

Senate State and Local Governmental Operations Committee

The Senate State and Local Governmental Operations Committee, chaired by Senator Frank Ginn (R-Comer), met late Monday to consider SB 62, the new version of the Cicero official tent encampments bill. A new substitute was announced Sunday night and presented by author Senator Carden Summers (R-Cordele). The substitute removed the section that sought to secure remaining Department of Community Affairs ARPA funds for recovery residences and now has no funding consequence. The bill did not change its prohibition on a city passing a policy to prohibit or discourage enforcement of anti-street camping local bans, if there are any. The substitute tightened up the permission for the Attorney General to seek an injunction against any such city action. The substitute also added the right of a citizen to bring a lawsuit, in the nature of a qui tam action, in the name of the state to stop a city from doing so. The bill provides for a State audit of DCA and local jurisdiction bidding for and distribution of federal and state homeless service funds. And the bill permits, but not requires, local governments to establish tent encampments or small shelters on state public land identified by the Georgia State Properties Commission. The Cicero executive director testified in favor of the bill by Zoom from Austin, Texas, and several witnesses who work in homeless services requested that the bill seek more solutions to homelessness. The Georgia Municipal Association asked that the new legal action by any citizen be removed. Senator Jason Esteves (D-Atlanta) sought three amendments to eliminate the new legal cause of action, clarify some ambiguities in the prohibition on city policies, and to require tent encampments to have water, garbage disposal, toilets, and safety enforcement. Discussion of amendments was eventually postponed or deferred to Senate floor amendment. The bill passed on a party-line vote 5-3, and it moves to Senate Rules.  

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 19 on Tuesday, February 15, at 10:00AM.

The House is expected to consider the following measures on Legislative Day 19:

• HB 85 - Insurance; require health benefit policy coverage for biomarker testing if supported by medical and scientific evidence (Substitute) (Ins-45th)
• HB 87 - Nontraditional Special Schools Act; enact (Substitute) (Ed-32nd)
• HB 91 - Wills, trusts and administration of estates; notices to beneficiaries regarding issuance of letters testamentary; require (Judy-9th)
• HB 132 - Buildings and housing; amend Georgia state minimum standard codes to authorize certain uses of ungraded lumber; require (A&CA-136th)
• HB 182 - Property; curing defective deeds and other instruments; revise provisions (Judy-99th)

The Senate is expected to consider the following measures on Legislative Day 19:

• SB 47 - Offenses Against Public Health And Morals; vaping in restricted areas is a misdemeanor punishable by fine; provide (H&HS-52nd)
• SB 59 - Governor; Office of the Inspector General; establish (Judy-50th)
• SB 68 - Racketeer Influenced and Corrupt Organizations; offense of dogfighting as racketeering activity; include (PS-25th)
• SB 73 - Telephone Services; class action suits and for damages against certain persons for violating provisions relating to telephone solicitations; provide (RI&U-19th)