Feb. 27, 2023
With a week remaining before Crossover Day, activity hit a fever pitch in the Capitol on Monday. The House and Senate floors were both active with debate of weighty measures like Governor Kemp’s “Safe Schools Act” (HB 147) and legislation amending Georgia’s certificate of need law (SB 99) to allow an additional exemption for rural acute care hospitals. Legislators also dug in on their positions on the Amended FY 2023 State Budget. Both chambers insisted on their own versions of the spending plan, setting the stage for a conference committee that is likely to get to work later this week. The conferees will have to wedge in negotiations with a plethora of other committee meetings this week, but who said state budgeting was easy? Certainly not the #GoldDomeReport.
In addition to the work in multiple committee meetings on Monday, members of Georgia’s Delta Sigma Theta members dressed in their red worked the halls today on human trafficking and mental health issues. They are among more than 250,000 members in their 1,000 chapters worldwide. Resolutions commending these servant leaders of Delta Sigma Theta were read in both chambers today.
The House took up the following measures on the floor on Legislative Day 24:
The Senate took up the following measures on the floor on Legislative Day 24:
Senate Health and Human Services Committee
The Senate Health and Human Services Committee, chaired by Senator Ben Watson (R-Savannah), met on Monday to consider the following legislation:
Hufstetler presented the bill to the Committee, explaining that there is not currently licensure for APRNs separate from licensure for RNs. This bill will create separate licensure. This legislation was previously passed by the House and Senate, but it was vetoed by Governor Kemp as it did not go through the Georgia Occupational Regulatory Review Council. The bill has now gone through GORRC.
The Committee recommended the bill DO PASS and be sent to the Rules Committee.
Williams presented the bill to the Committee, and the Georgia Chiropractic Association appeared in support. These liens are already available for hospitals, nursing homes, physicians, and burn centers.
Hufstetler presented the bill to the Committee, explaining that the bill is intended to make sure health practitioners are open and clear about their credentials in advertising and representations. In response to a question from Senator John Kennedy (R-Macon), a representative of the Georgia Alliance for Patient Protection explained that penalties for violating the Code section would be determined by the individual licensing boards implicated.
The Committee recommended the bill DO PASS and be sent to the Rules Committee.
Watson presented the bill to the Committee, explaining his own experience as a participant in a clinical trial. Lynn Durham of the Georgia Center for Oncology Research and Education explained the broad scope of cancer clinical trials available in Georgia and the importance of diversity of participants in trials.
The Committee recommended the bill DO PASS and be sent to the Rules Committee.
House Public Health Committee
The Committee hearing today was dedicated to an extensive presentation and brief public comment on the new mental health legislation from the Behavioral Health Reform and Innovation Commission, HB 520. Representative Mary Margaret Oliver (D-Decatur) and Representative Todd Jones (R-South Forsyth) went through the bill section by section, after first describing the 2022 work resulting from HB 1013 passed in 2022. One interesting result was an increase in the number of law enforcement visits accompanied by mental health support from 35 to over 200. The members of the committee asked lots of positive questions and several made the point that they hoped the several study committees in the 2023 legislation were not “top down” efforts but lifted up what is occurring locally. There was widespread acknowledgement of workforce issues underlying all the efforts to increase local mental health services. The members particularly liked the proposed study of bed capacity statewide. In the face many questions, Chair Sharon Cooper (R-Marietta) said she would not allow a vote on the bill today but would call another Committee meeting in the next day or so to allow everyone time to study the bill. The bill was supported broadly with public testimony from NAMI, the Georgia Mental Health Policy Partnership, Georgians Against Torture, several substance abuse alliances, Georgia ACT, and Georgians for a Health Future. Several minor amendments were suggested, and it appears a new substitute will be brought forth on Tuesday before another Committee meeting Wednesday.
Senate Education & Youth Committee
The Senate Education & Youth Committee, chaired by Senator Clint Dixon (R-Gwinnett), met early on Monday to consider several measures:
Davenport presented the bill to the Committee, where at least one member expressed surprise that Braille instruction was not already required for blind students. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
Anavitarte presented the bill to the Committee, explaining that its impetus is in a situation that occurred in Paulding County that involved a school board member bullying a teacher by slow-rolling her contract because of the teacher’s political activity. The bill is intended to leave personnel matters to the professionals hired by the board to manage them. The Committee heard a substitute that included exceptions for discussion of fair dismissal, personnel complaint policies, tribunals considering local school law, and in executive session. Senator Greg Dolezal (R-Cumming) asked how board members are supposed to forward concerns with personnel that are shared with them in the community, to which Anavitarte explained that the bill is not intended to squelch that kind of communication. Dolezal said that he does not read the language that way. Legislative Counsel said the prohibition could turn on how “discussion” is defined and suggested that the Committee might consider an amendment that would clarify that such communications forwarding concerns are allowed. Legislative Counsel proposed an amendment stating “the mere referral of a personnel matter to the local school superintendent shall not be prohibited.”
The Georgia School Board Association expressed appreciation to the author for incorporating proposed revisions in the bill but notes that the Association believes that the conduct prohibited by the bill is already covered in a school board code of ethics. The Georgia School Superintendent Association spoke to the bill, calling it “sound”. The Georgia Association of Educational Leaders expressed appreciation for the issue raised by Dolezal and the proposed amendment.
The Committee adopted the amendment proposed by Legislative Counsel, and the Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.
Rahman presented the bill to the Committee, explaining that it implements the recommendations of a study committee in 2021. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
House Education Committee – Policy Subcommittee
The Policy Subcommittee of the House Education Committee, chaired by Representative Scott Hilton (R-Peachtree Corners), met on Monday to consider the following measures:
Houston presented the bill to the Subcommittee, explaining that the point of the bill is to get accurate maps of schools to public safety officials. There was substantial conversation about the effective date of the bill, which is July 1, 2023, as initially drafted. Houston expressed an interest in schools completing this mapping as soon as possible. Legislative Counsel proposed an amendment that would provide a “no later than” implementation date. There was also a question about the cost of the mapping, which Houston said she thought was approximately $3,500 per school.
Alex Carney of the Critical Response Group, a vendor who provides this mapping, spoke to the bill. In response to a question, he stated that a July 2024 implementation deadline “would be fair.” Representative Will Wade (R-Dawsonville) asked if GEMA was involved in the bill, to which Houston said that GEMA “was aware” and had no issues. Representative Rick Townsend (R-Brunswick) asked whether the requirements in the bill favored any particular vendor, to which Carney responded that creating maps to the specifications in the bill is not that complicated or proprietary. Butch Ayers of the Georgia Association of Chiefs of Police spoke in support of the measure.
The Subcommittee deferred action on the bill for further discussions and perfection.
Hatchett presented the bill to the Subcommittee, explaining that Dublin City Schools are unable to receive equalization due to the lack of this exclusion. He stated that, while we may not know the dollar impact of this legislation for several years, it will certainly have a positive financial impact on the district. In response to a question, Hatchett clarified that, while the legislation will benefit Dublin City Schools, other districts across the state will also stand to benefit.
The Subcommittee recommended the bill DO PASS and be sent to the full Education Committee.
Senate Committee on Veterans, Military and Homeland Security
The Committee met early this morning and took up the following legislation:
House Higher Education Committee
The Committee had a speedy meeting Monday morning to pass out the House version of a sports betting bill, HB 380, by Representative Marcus Wiedower (R-Watkinsville). The bill authorizes online sports betting as a lottery game and is not accompanied by a constitutional amendment, relying instead on the constitutional authority for the lottery. Wiedower brought a substitute that increases the privilege fee (state tax) to 25% and changes the annual licensing fee for online betting operators to $1.5 million. The Committee also approved Representative Lauren McDonald’s (R-Cumming) HB 163 authorizing the Board of Health Care Workforce to include student loans for medical examiners. The Committee had a discussion on Representative Rick Jasperse's (R-Jasper) HB 392, creating the Georgia Endowment for Teaching Professionals, which allows tax-exempt contributions to the Georgia Technical College System for teachers in high-end jobs, such as welding. Several questions were raised about how to include other entities as contributors of such teachers, and Chairman Chuck Martin (R-Alpharetta) hinted the bill may still move before Crossover Day if the questions can be answered and a substitute created.
House Judiciary Non-Civil Committee - Leverett Subcommittee
Chairman Rob Leverett (R-Elberton) and his Subcommittee met to take up these bills:
DA Moseley from Clayton Judicial Circuit and as president of the Prosecuting Attorneys Council. She opposed the legislation as it covers 74 district attorneys and solicitor generals. 4.05 percent (of all DAs and solicitors) is causing the issue for the creation of the Commission. Misfeasance and malfeasance is being added and can bring a DA before this new commission. Due process is another issue she raised. The articles of impeachment will allow the review much quicker for a DA and they can still be voted out if the electorate is not happy. Representative Steven Sainz (R-St.Marys) asked if she felt like she was being a good DA, and he asked about the voters oversight. DAs and solicitors are members of the State Bar; that is different from judges (as there are some judges which are not attorneys). Representative Barry Fleming (R-Harlem) inquired about the Judicial Qualifications Commission and a prosecutor argued that entity should be eliminated she did not agree with that being eliminated as not all judges are attorneys where DAs and solicitors are members of the State Bar. Has PAC weighed into the non-partisan DA bill; Reeves asked that the PAC relook at that decision on whether those offices should be partisan. Supreme Court decision on DUIs? PAC has reviewed that as legislation will be introduced on this. On impeachment, Reeves asked about that as judges can be impeached. Reeves stated that a pool to address backlog cases would be useful. Reeves indicated that for him the “JQC” model works.
DA Sherry Boston also spoke to the Subcommittee, pointing out a couple of questions from Sainz and Reeves. The State Bar fulfills the “JQC”-type function for DAs — the State Bar may address bad actions by a DA through the disciplinary board. There are rules which may prohibit certain information which can be disclosed. The State Bar cannot remove a DA from office but they can disbar or suspend an attorney and therefore the DA cannot continue to serve in his/her role.
Sainz asked if the State Bar is a private or public entity. The Bar is an entity of the Supreme Court. There are three lay people on the disciplinary panel. Georgia Bar Rules of Professional Conduct can allow action to be taken for lack of prosecuting specific crimes.
Reeves asked about former DAs who have been hired in other roles as attorneys. The Albany Judicial Circuit has 10,000 caseloads; Reeves indicated he wanted a process to clean up that issue more quickly. She pointed out the $55,000 starting salary which is paid by some counties when they do not have supplements.
Fleming asked when she left the disciplinary panel of the State Bar — he asked about the special master process. That was beyond her process but is a mini-trial, which puts forth a decision. Fleming brought up questions about Ms. Gonzalez in Athens; the standard is the Rules of Professional Conduct.
Representative Dar’shun Kendrick (D-Lithonia) clarified who can regulate judges and attorneys. The State Bar, though, cannot regulate the conduct of judges. Georgia requires attorneys to be a member of the State Bar.
Solicitor General of Forsyth County Bill Finch also testified. He reflected upon the oaths of office and the violations that these individuals take. He recited several code sections including O.C.G.A. 16-11-10 and O.C.G.A. 45-11-4.
The subcommittee gave the legislation a DO PASS recommendation despite opposition.
Jill Travis, with the Georgia Association of Criminal Defense Lawyers, requested that the criminal defense lawyers be included in the Board membership since they use the data which is created. Mike Holimon discussed the history of the Board created under then-Governor Deal. Dispositions were not getting into the criminal case histories. Clerks have had issues with charge mapping since 2007. CJEP (JDX) or criminal case history system. CJEP needs $25 million with three to five years for implementation. SB 441 was brought up as it addressed standards for reporting data. Disposition reporting and charge mapping difficulties were also shared with the Subcommittee. GCIC may indicate charge mapping but is an impediment to getting the final disposition into the system. There was a listing of common errors also provided to the Subcommittee. Representative Barry Fleming (R-Harlem) explained this is an attempt to fix the data — an electronic filing system for civil records. If we do an agency addressing criminal records, why don’t we just look at the private sector for a criminal records system? The Clerks Association is proposing a “hub” system. The hub would be under the Board. Mr. Holimon did not know of the wealth of data held by the Judicial Council. Chairman Gunter’s frustration is the length of time that is being taken to get data that can be reviewed by judges. Representative Yasmine Neal (D-Jonesboro) asked about the database which will identify what is missing.
House Judiciary Non-Civil Committee
Chairman Tyler Paul Smith convened the Committee to take up these proposals:
House Insurance Committee – Life & Health Subcommittee
The Life & Health Subcommittee of the House Insurance Committee, chaired by Representative Darlene Taylor (R-Thomasville), held a hearing only on the following bill:
Knight presented the bill to the Subcommittee as a Substitute (LC 46 0576S). The private right of action was eliminated in this Substitute. Representatives of the Shepherd Center spoke in support of the legislation, explaining concerns related to the timely delivery, safe handling, and constantly changing therapies. The Georgia Pharmacy Association, Georgia Hospital Association, and the Multiple Sclerosis Society also appeared in support. Pharmaceutical Care Management Association appeared in opposition to the legislation, explaining requiring insureds to obtain some drugs from specific pharmacies helps ensure access and affordability of those drugs. The Georgia Association of Health Plans also expressed concerns and promoted the affordability aspect, explaining that hospital and provider-administered drugs are subject to substantial markup, on average $7,000 more expensive in a hospital and $1,400 more expensive in a doctor’s office. Chairman Taylor suggested that stakeholders meet to discuss guardrails that might be erected to limit the markup on provider administered drugs. No action was taken on the bill.
House Ways & Means - Income Tax Subcommittee
Chair Bruce Williamson (R-Monroe) called the Income Tax Subcommittee to order to discuss the following:
House Ways & Means - Ad Valorem Subcommittee
Chair David Knight (R-Griffin) called the Subcommittee to order to discuss the following:
House Ways & Means - Sales Tax Subcommittee
Chair Chuck Martin (R-Marietta) called the Sales Tax Subcommittee to order to discuss the following:
House Ways & Means - Public Finance & Policy Subcommittee
Chair Ron Stephens (R-Savannah) called the Subcommittee to order to discuss the following:
House Ways & Means Committee
Chairman Shaw Blackmon (R-Bonaire) called the full committee to order to discuss the following:
The following legislation of interest has been introduced in the House:
H.B.565 |
Social services; temporary assistance for needy families; increase access to benefits |
Rep. Tyler Smith (R-018) |
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H.B.567 |
Crimes and offenses; peace officers serve as authorized representatives of a property owner relating to enforcement of criminal trespass; provide |
Rep. Mike Cheokas (R-151) |
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H.B.568 |
Torts; property owner who prohibits a lawful weapons carrier from possessing a weapon on their property shall assume responsibility for the safety of the weapons carrier from certain threats; provide |
Rep. Beth Camp (R-135) |
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H.B.571 |
Georgia Alzheimer's and Related Dementias State Plan; updated every four years; provide |
Rep. Deborah "Deb" Silcox (R-053) |
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H.B.575 |
Professions and businesses; licensee may request review of an occupational regulation; provide |
Rep. Joseph Gullett (R-019) |
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H.B.576 |
Health; prohibit certain healthcare providers and facilities from discriminating against potential organ transplant recipients due solely to their vaccine status |
Rep. Joseph Gullett (R-019) |
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H.B.578 |
Education; development and distribution of an educational fact sheet concerning use and misuse of opioid drugs prescribed for a sports related injury; require |
Rep. David Wilkerson (D-038) |
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H.B.579 |
Georgia Special Needs Scholarship Act; revise prior school year requirement |
Rep. Carter Barrett (R-024) |
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H.B.582 |
Health; permit assisted living communities and personal care homes to enroll as Medicaid providers |
Rep. Sharon Cooper (R-045) |
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H.B.583 |
Food, drugs, and cosmetics; authorize production and sale of homemade food items with certain exemptions, requirements, and disclosures |
Rep. Leesa Hagan (R-156) |
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H.B.584 |
Georgia Red Flag Protective Order Act; enact |
Rep. Shea Roberts (D-052) |
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H.B.585 |
Georgia Development Impact Fee Act; enact |
Rep. Todd Jones (R-025) |
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H.R.303 |
General Assembly; authorize local boards of education to impose, levy, and collect development impact fees for educational facilities costs; provide - CA |
Rep. Todd Jones (R-025) |
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H.R.321 |
General Assembly; right against self-incrimination be limited to criminal cases; provide - CA |
Rep. Jesse Petrea (R-166) |
The following legislation of interest has been introduced in the Senate:
S.B.241 |
Mandatory Education; compulsory education attendance from six years to five years of age; lower the starting age |
Sen. Billy Hickman (R-004) |
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S.B.242 |
Statute of Frauds; agreements with a value in excess of $10,000.00 shall be in writing; provide |
Sen. Greg Dolezal (R-027) |
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S.B.244 |
Drivers' Licenses; the use of fingerprint scans for the verification of identity and date of birth of applicants seeking a personal identification card; authorize |
Sen. Tonya Anderson (D-043) |
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S.B.245 |
Proceedings in Criminal Trials; legislative intent; exceptions to rulings or orders of the court; provide |
Sen. Josh McLaurin (D-014) |
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S.B.246 |
Georgia Board of Health Care Workforce; student loan repayment for certain nursing faculty; provide |
Sen. Mike Hodges (R-003) |
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S.B.247 |
Removal of Improperly Parked Cars; a towing and storage firm from placing an instrument designed to restrict movement of a motor vehicle; prohibit |
Sen. Josh McLaurin (D-014) |
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S.B.248 |
Counties; provisions relating to ordinances for governing and policing unincorporated areas of counties; revise |
Sen. Nikki Merritt (D-009) |
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S.B.249 |
Grand Juries; secrecy and protection from unauthorized disclosure of grand jury proceedings, including special grand jury proceedings; require |
Sen. Brandon Beach (R-021) |
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S.B.252 |
"Georgia Online Learning Program for United States History Act"; enact |
Sen. Jason Anavitarte (R-031) |
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S.B.253 |
Firearms; subject to the NICS; transfer or purchase of a firearm in proximity to a mental health care facility; prohibit |
Sen. Nabilah Islam (D-007) |
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S.B.255 |
Gambling; provisions relative to dogfighting; revise |
Sen. Chuck Payne (R-054) |
The General Assembly will reconvene for Legislative Day 25 on Tuesday, February 28 at 10:00 a.m.
The House is expected to consider the following measures on Legislative Day 25:
The Senate is expected to consider the following measures on Legislative Day 25:
These materials have been prepared for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.