House Committee meeting notices fill the announcement board outside the clerk’s office early Tuesday.

With less than two weeks remaining until Crossover Day, skates were needed to get between committee meetings today as lawmakers hurried to take action on myriad bills. The Senate started the day by unveiling its version of the $32.5 billion Amended FY 2023 Budget. The spending plan moved forward as the Senate Appropriations Committee passed out its version of HB 18. In the House, it was “Insurance Day,” with six bills addressing insurance concerns taken up on the floor. Later in the day, the Senate Regulated Industries Committee took up one of the more controversial topics of the session — certificate of need for healthcare facilities. And as many members worked to advance legislation in committee, at least one was working to move legislation to another committee. Senator Colton Moore (R-Trenton) made a motion on the Senate floor for his own bill (SB 67) to be moved out of the committee he chairs and be recommitted to the Senate Judiciary Committee. That may be a first for the #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 21:

• HB 80 - Uniform Unsworn Declarations Act; enact (Substitute) (Judy-123rd). The Committee Substitute passed by a vote of 174-0.

• HB 186 - Appeal and error; filing of petitions for review in reviewing courts from lower judicatories; revise an exception (Judy-123rd). The bill passed by a vote of 173-0.

• HB 221 - Insurance; filing review process for private passenger motor vehicle liability coverage providing the minimum limits offered by the carrier; revise (Substitute) (Ins-12th). The Committee Substitute passed by a vote of 169-2.

• HB 242 - Georgia Driver’s Education Commission; violation of traffic laws of ordinances under Joshua’s Law; provide (MotV-161st). The bill passed by a vote of 161-9.

• HB 243 - Coweta judicial circuit; superior court; provide eighth judge (Substitute) (Judy-70th). The Committee Substitute passed by a vote of 172-0.

• HB 279 - Insurance; discount for property owners who build a new property that better resists tornado, hurricane, or other catastrophic windstorm events; provide (Ins-15th). The bill passed by a vote of 172-1.

• HB 280 - Insurance; additional value-added products or services that are excluded from benign unfair trade practices and unlawful inducements; provide (Ins-15th). The bill passed by a vote of 172-2.

• HB 294 - Insurance; administration of certain rehabilitation policies by ceding insurer placed into liquidations; provisions (Ins-167th). The bill passed by a vote of 174-0.

• HB 315 - Commissioner of Insurance; promulgate rules and regulations regarding cost-sharing requirements for diagnostic and supplemental breast screening examinations; provide (Ins-173rd). The bill passed by a vote of 173-1.

The Senate took up the following measures on the floor on Legislative Day 21:

• SB 13 - Public Sales; tax levies and executions; authorize online (Substitute) (Judy-56th). The Committee Substitute passed by a vote of 52-1.

• SB 22 - Hemp Farming; relating to offenses against public health and morals; the purchase of, sale of, and the offering of samples of hemp products by or to any individual under the age of 18 years old; prohibit (Substitute) (AG&CA-32nd). The Committee Substitute was TABLED.

• SB 61 - Sick Leave for Care of Immediate Family Members; sunset provision relating to such sick leave requirements; repeal (I&L-17th). The bill passed by a vote of 54-1.

Committee Reports

House Education Committee - Curriculum Subcommittee

Chairman Bethany Ballard (R-Warner Robins) and her Subcommittee addressed the following initiative:

• HB 338, authored by Representative Chris Erwin (R-Gainesville), seeks to enact the “Student Technology Protection Act” in Chapter 2 of Title 20. It proposes to provide for the inclusion of methods for the promotion of the safe and appropriate use of technology and responsible digital citizenship in the comprehensive character education program. Further, among its provisions it requires local boards of education and governing bodies of charter schools to annually submit acceptable-use policies and technology protection measures for review by the State Board of Education. The bill was introduced last year, failing to pass in 2022. There are some changes from last year’s legislation, mostly are technology terminology related. During COVID-19, there were more devices provided to keep education going. It became apparent that filtering of devices was important both on campus and not on campus. The Department of Education has been involved. Erwin reminded the Subcommittee that many local school systems have technology staff while some smaller systems do not have that staffing. The policy cannot be waived. Grade appropriate filters are addressed in the legislation. Chairman Matt Dubnik (R-Gainesville) asked about the similarity of this bill and last year’s legislation. He reminded the subcommittee that this is about “appropriate” filters.  Representative Mesha Mainor (D-Atlanta) inquired about the dates included in the legislation. The Committee had not taken action on the bill at our deadline.

• HB 318, authored by Representative Scott Hilton, is a charter school clean up proposal.  It moves the Office of Charter School Compliance to the State Charter Schools Commission in O.C.G.A. 20-2-2063.1 et seq. 90 charter schools in Georgia with enrollment of around 60,000 students - about half of the schools are outside of Atlanta according to Bonnie Holliday. Georgia has charter systems which are charter-like but are not charter schools and the Office of Flexibility oversees those. A new office name will be the Office of District Flexibility.  Angela Palm, from the Georgia School Boards Association, spoke to the legislation about its concerns, including the 3 percent for the local district and the commission so that the language could be aligned. Tiffany Taylor, Department of Education, understands the alignment of supports and the commission needs staffing and funding that cannot be provided by the current Department budget. Representative Hilton expressed the shift of responsibilities is to streamline services and have the appropriate expertise. The Commission is a separate entity which is created constitutionally. A motion was made to DO PASS. No amendments were offered.

House Higher Education Committee

House Higher Education, chaired by Representative Chuck Martin (R-Marietta), was called to order to discuss the following measures.

• HB 122, authored by Representative Lee Hawkins (R-Gainesville), seeks to amend Article 11 of Chapter 3 of Title 20 and Chapter 9 of Title 30 of the O.C.G.A. The measure repeals the Georgia ABLE Program and replaces it with the Georgia Higher Education Savings Plan. The measure changes the governance of the Georgia Higher Education Savings Plan by adding the DBHDD Commissioner and the State Treasurer to the Board of Directors. Representative Hawkins presented a substitute by adding back in the Governor to the Board of Directors. Initially, Hawkins had removed the Governor from the governance board. This measure unanimously passed the House and Senate in 2022 legislative session. The Committee Substitute received a DO PASS recommendation.

• HB 249, authored by Martin, amends Subpart 2A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated. This measure changes the completion grant to lower from 80 to 70 percent of credit hours completed for students to be eligible for $2,500 in completion grants. It also separates requirements for four-year programs (70 percent complete in a student’s field of study) and two-year programs (45 percent complete in a student's field of study). Ashley Young from the Georgia Policy and Budget Institute spoke in favor of the measure. No committee action was taken on this measure.

• HB 380, authored by Representative Marcus Wiedower (R-Watkinsville), seeks to amend Title 50 of the O.C.G.A. to authorize sports betting. The legislation has several provisions, including authorizing and providing for the regulation and taxation of sports betting in this state. It also provides for additional powers and duties of the Georgia Lottery Corporation and changes certain provisions relating to the shortfall reserves maintained within the Lottery for Education Account. It allows the Lottery Corporation to engage in certain activities related to sports betting. It creates definitions and provides for the corporation's powers and duties relative to sports betting by providing for the procedures, limitations, requirements, and qualifications of the licensing of any person offering, operating, or managing sports betting in this state. The measure regulates wagers and provides requirements for bettors which would restrict themselves from placing certain wagers and provide resources for individuals with problem gambling or a betting or gambling disorder. A new substitute (LC 36 5507S) was presented; Weidower reviewed the edits, including

• Line 115-117 - changes to the adjusted gross income calculation by removing federal excise taxes and winnings.

• Line 582-586 - changes were made to avoid conflicts of interest.

• Line 607-609 - clarifies who can offer prop-bets and closes the loophole. All licensees are listed.

• Line 613 - moved annual tax from 15% to 20%. Expect this will increase in state revenue from betting to be north of $100 million.

• Line 687 - clarified privilege tax. If you are engaged in sports betting, you are going to pay an extra tax to the state. The municipality cannot add on to this.

• Line 665-669 - clarifies the penalty for violating the law.

• Line 739-742 - raising fines includes forfeiting winnings if one violates the law.

• Line 723-727 - clarifies collusion concerns.

Nick Fernandez from the Metro Atlanta Chamber, Ronnie Chance from the National Football League, and John Mormon with DraftKings on behalf of the Sports Betting Alliance expressed support for the measure.

Retired Professor John Kent, Mack Burnough from the Georgia Faith and Freedom Coalition, Paul Smith on behalf of Citizen Impact, and Mike Griffin from the Georgia Baptist Mission Board expressed concern over the measure.

House Public Health Committee

The House Public Health Committee, chaired by Representative Sharon Cooper (R-Marietta), was called to order to discuss the following:

• HB 41, authored by Representative Marvin Lim (D-Norcross), seeks to amend Title 37 of the O.C.G.A. to ensure when a person is involuntarily committed to an emergency receiving officer receives a copy of the 1013 or involuntary commitment order. Currently, if a person is committed via court order, the order is taken by the peace officer and becomes part of the person's clinical record. This measure was originally carried in 2020 by now-Majority Leader Chuck Efstration (R-Dacula). Mr. Terry Norris from the Georgia Sheriffs Association was recognized by Cooper. No action was taken on this measure.

• HB 440, authored by Representative Doug Stoner (D-Smyrna), seeks to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O.C.G.A. to allow public and private (K-12) schools to stock ready-to-use glucagon. Representative Stoner likened glucagon to an EpiPen for those with low blood sugar. This measure does not mandate or require schools to keep glucagon in stock. It also allows schools to work with manufacturers so they can receive glucagon for free or at a reduced price. The measure received a DO PASS recommendation.

Senate Education and Youth Committee

Chairman Clint Dixon (R-Buford) and the Education and Youth Committee met this afternoon on these bills:

• SB 18, authored by Senator Donzella James (D-Atlanta), proposes to address in O.C.G.A. 20-2-2131 intra-district transfers of students and their siblings so as they may attend the same schools as long as they continue to reside in the same resident school system. Senator James presented her bill, explaining that the student could remain in the selected school as long as they reside in that district. No additional costs to the school — parents already pay taxes in that district. Senator Greg Dolezal (R-Cumming) asked about things in the bill — school has room as there is no capacity or transportation provision in the legislation. Forsyth has to redistrict every five years according to Dolezal and would allow neighborhoods to stay in a school which could be problematic. He asked that the bill address the redistricting process. Dolezal stated that the intention of the author was phenomenal and thoughtful. This legislation was HEARING ONLY. Transportation is referenced in line 17 but it may not be properly referenced back. Senator Shelly Echols (R-Alto) had concerns about permitting siblings to attend the same school. James responded that their request to attend the school would have to have room for the children. This applied to all public schools, including charter schools, - a question which should be answered is whether it addresses the lottery question for attendance. The author was asked to talk more with Dolezal about the details of the legislation.

• SB 96, authored by Senator Jason Anavitarte (R-Powder Springs), seeks amendments in O.C.G.A. 20-2-984 to the law governing the Professional Standards Commission. The commission's standards and procedures for certification programs are to be neutral.  Anavitarte requires the PSC to look at nationally accredited programs. Georgia has been experiencing a teacher shortage and this legislation is intended to help with that shortage. There have been some minor amendments between the PSC and the author which were discussed. Senator Elena Parent (D-Atlanta) asked about lines 30 and 31, regarding for-profit and not-for-profit teacher accreditation programs. Teach for America spoke to her question and the standards. Matt Arthur indicated that there were both types of programs across the state. Teach for America has placed teachers across the country for 30 years - Atlanta and Georgia have struggled with flexibility for Relay, and this bill would allow Teach for America the flexibility it needs. Senator Freddie Powell Sims (D-Dawson) asked how Teach for America works; they are trained and placed in local schools (high-needs schools) and they participate in programs to remain in education. They focus on Title 1 schools as they are harder to place teachers (training is for 90 days to get into training programs before becoming fully certified over two years).  Michael Sullivan also spoke to the proposal to look at out-of-state teacher prep programs.  Georgia has remained an outlier for programs becoming approved in the state.  Several regulations do not relate to operations.  Burdensome restrictions include that it requires the president and CEO to reside in Georgia; thus, they cannot apply for an instate license to train Georgia students.  The legislation received a DO PASS recommendation by substitute as amended by the author.

• SB 169, authored by Senator Chuck Payne (R-Dalton), addresses O.C.G.A. 20-2-754 regarding public schools.  The legislation  seeks to extend hearing dates for student discipline tribunals and provides for limits. It also provides for appropriate grade-level instructional materials to any student in in-school suspension. Waits for school disciplinary hearings may be as long as several days and parents struggle with what to do with their child.  Teachers also struggle in trying to help those children to catch up once they come back to school.  Georgia Appleseed spoke to the need for the legislation.  Senator Greg Dolezal (R-Cumming) asked questions around the Substitute, LC 49 1338S.  The bill received a DO PASS recommendation, and it now moves to the Senate Rules Committee. The legislation has two amendments from the author - line 32 it consider for instate certification nationally accredited programs and at line 33 add “which are state sponsored and.” Dolezal for instate certification and at line 33 add state sponsored and meet academic accreditation requirements. The bill received a motion DO PASS and Senator  Dolezal offered his amendment to add language at line 32 for instate certification and at line 33 to add state sponsored and meet academic accreditation requirements. The bill passed by Committee Substitute as amended and passed 4-2.

• SB 170 , authored by Senator John Albers (R-Roswell), seeks to enact in Chapter 2 of Title 20 the "Students and Teachers SPEAK Act." This legislation is a result of a homework assignment that he asked students to do, and this bill is a result of two students’ work. They seek to have more student involvement. The young men with the school board and other stakeholders. A student would serve as an advisory member of the State Board of Education. This student would not be a voting member. The legislation also suggests student representatives at local boards as well. This includes the student perspective like the state teacher of the year provides to the Board as an ex officio member. Local power is left in the local boards; it is not an unfunded mandate.  It will provide a classroom perspective to the State Board. The legislation received a DO PASS recommendation and the motion passed unanimously. The bill moves to the Senate Rules Committee.

Senate Economic Development & Tourism Committee

Chairman Brandon Beach (R-Alpharetta) and the Senate Committee convened for a 6:00 PM meeting on Monday to consider SB 57. Beach announced that the co-am bill originally on the Committee calendar was still under negotiation and would not be considered during this meeting. Senator Billy Hickman (R-Statesboro) presented a substitute to SB 57, and Josh Belinfante explained that the changes were minor corrections. This bill authorizes sports betting and fixed-bet horse bets as lottery games under the Georgia Lottery Commission, with a new commission regulating these two. It does define a horse racing venue as a permitted activity in Georgia so long as there is no parimutuel betting on horses. One question was asked by Senator Sheikh Rahman (D-Lawrenceville) the new activities contained any affirmative action provisions, and it was explained that the Georgia Lottery Commission is required to honor affirmative action and Georgia entity preferences and that the new legislation acknowledges that these obligations will continue for the new lottery games of sports betting and fix bet horse wagers. After very limited discussion, Senator Clint Dixon (R-Buford) moved “due pass,” and the bill passed 8-1 with Senator Sam Watson (R-Cordele) casting the only “no” vote. It goes on to the Rules Committee now, with one other sports betting bill and an enabling constitutional amendment still pending in the Senate Regulated Industries Committee, with votes expected the week of February 28.

Senate Children and Families Committee

The Senate Children and Families Committee, chaired by Senator Kay Kirkpatrick (R-Marietta), met to consider one measure on Tuesday.

• SB 107, authored by Senator Max Burns (R-Sylvania), is “Izzy’s Law.” The bill amends Title 31 to require that the Department of Public Health develop and make available for download from its internet website a model aquatic safety plan based on national standards for private swim instructors. The bill also requires private swim instructors adopt and make available an aquatic safety plan no later than April 1, 2024.

Senator Burns presented the bill to the Committee with Senator Harold Jones II (D-Augusta), explaining that it is borne from a drowning tragedy in their community. The requirements included in the bill are aimed at private swim instructors who provide lessons to unrelated individuals for a fee. Senator Jason Esteves (D-Atlanta) asked how private swim instructors would be made aware of the requirements, to which Senator Burns explained that the Department of Public Health is required to advertise it on its website. Senator Matt Brass (R-Newnan) asked who is charged with enforcing these requirements, to which Senator Burns explained that local police and sheriff's departments would enforce based on tips from the community.

Several members of Izzy’s family appeared in support of the legislation. Representatives of Georgia’s YMCAs also spoke in support. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Insurance Health Subcommittee

This Subcommittee met early Tuesday morning and heard from the authors of 6 bills without taking any votes. Chairperson Darlene Taylor (R-Thomasville) announced that there would be another meeting soon for action on the bills. 

• HB 184, authored by Representative Marvin Lim (D-Norcross), adds to the State Mental Health Parity Act passed in 2022 a provision for insurers to comply with HIPAA federal regulation, 45 C.F.R.146.21, that requires health conditions to be taken into account in making coverage or prior approval decisions. He reported that the bill is necessary for paying for some treatments following suicide attempts. 

• Representative Lee Hawkins (R-Gainesville) presented HB 295 that amends the provisions of his Surprise Billing Consumer Protection Act of 2021 to afford longer time limits for parties to the arbitration process under appeals to the Insurance Commissioner over claims payment amounts from 30-60 days. It also requires fuller explanations from providers of the reasons for appeals from Commissioner decisions. 

• Representative Karen Mathiak (R-Griffin) outlined HB 362, seeking fuller explanations in writing from insurers of payments and reimbursements to any treating provider upon request.

• HB 378, authored by Representative Shelly Hutchinson (D-Snellville), again presented her bill to authorize the Commissioner of Insurance to update the Diagnostic and Statistics Manual on an ongoing basis. 

• Senator Ben Watson (R-Savannah) presented SB 65 which further enables establishing a state health exchange for individual health insurance products.

• Senator Matt Brass (R-Newnan) requested support for SB 27 that prohibits insurers from forcing discounts on eye services by optometrists and ophthalmologists in order to receive increased reimbursements. 

House Ways & Means - Income Tax Subcommittee

Chairman Bruce Williamson (R-Monroe) and the Income Tax  Subcommittee members met to discuss the following measures.

• HB 403, authored by Representative Rick Jasperse (R-Jasper), amends Chapter 7 of Title 48 of the O.C.G.A. The measure creates a tax credit for homeowners installing a geothermal heating and air conditioning system. Mr. Tucker Green of the Conditioned Air Association of Georgia explained that other states have done this. South Carolina also has a 25% tax credit with a $35,000 cap spread over 10 years. There is a $35,000 cap per threshold with an option to spread over five years. On average, a geothermal system is $50,000 with an average life expectancy of 25 years which is practically double a traditional system. There are roughly 500 installations per year. This was the first hearing on the measure.

• HB 482 - authored by Representative Steven Sainz (R-St. Mary’s), seeks to amend Chapter 7 of Title 48 of the O.C.G.A. to correct an issue with the jobs tax credit. Some 501(C)3 organizations have created jobs and used the tax credit, which was not the intent of the initial legislation. The Department of Revenue has outlined this is only for taxed entities, but there was litigation that ruled nonprofits were eligible for funds. DOR explained this would be roughly $100 million in claims. This is the first hearing on this measure.

House Ways & Means - Ad Valorem Tax Subcommittee

Chairman David Knight (R-Marietta) and the subcommittee met to discuss the following:

• HR 96, authored by Representative Noel Williams (R-Cordele), proposes a Constitutional Amendment to reduce the ad valorem tax assessment on timber at sale or harvest. Currently, standing timber is the only product taxed. This is a measure that has previously passed the House Chamber. The measure received a DO PASS recommendation.

• HB 264, authored by Representative Vance Smith (R-Pine Mountain), seeks to amend Code Section 48-5-311 of the O.C.G.A. A substitute was presented. This measure adds language to allow the electronic transfer of information and gives each party 90 days to their part of the appeal process. This was the first hearing on the measure.

• HB 290, authored by Representative Mitchell Scoggins (R-Cartersville), seeks to amend Article 6 of Chapter 5 of Title 48 of the O.C.G.A. for tax commissioners for the collection of property tax. This measure was passed last year. The salary for this contract cannot exceed 50% of the tax commissioners' annual salary. Floyd County Tax Commissioner Kevin Pain explained the salary for this would be limited to the statutory minimum. The money would go from the city to the county to payroll. This was the first hearing on the measure.

• HB 331, authored by Representative Victor Anderson (R-Cornelia), amends Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated to repeal the ability of county commissions from removing a tax commissioner from office. Currently, the county commission can suspend and install an interim commissioner if the a tax commissioner fails to provide reports. This was the first hearing on 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 22 on Wednesday, February 22 at 10:00 AM.

The House is expected to consider the following measures on Legislative Day 22:

• HR 157 - Property; conveyance of certain state-owned property; authorize (Substitute) (SProp-154th)

• HR 158 - Property; granting of nonexclusive easements; authorize (SProp-154th)

• HB 121 - Waters, ports and watercraft; wakesurfing and wakeboarding; provide restrictions and requirements (GF&P-10th)

• HB 167 - Motor vehicles and traffic; standards for issuance of limited driving permits for certain offenders; provide (Substitute (MotV-17th)

• HB 203 - Health; restrictions on sale and dispensing of contact lenses with respect to physicians; revise provisions (Hth-127th)

• HB 207 - Waters, ports, and watercraft; carrying of night visual distress signals upon coastal waters during certain hours; provide (Substitute) (GF&P-124th)

• HB 226 - Social services; treatment services under Medicaid to persons with HIV; provisions (PH-45th)

• HB 285 - Employees’ Retirement System of Georgia; total percentage of funs invested in alternative investments; raise limit (Ret-160th)

• HB 299 - Georgia Code; add appropriate references to United States Space Force; provisions (D&VA-21st)

• HB 317 - State Employees’ Assurance Department; assignment of certain group term life insurance benefits; provisions (Ins-173rd)

The Senate is expected to consider the following measures on Legislative Day 22:

• SB 90 - Selling and Other Trade Practices; commercial financing disclosures; provide (Substitute) (B&FI-45th)

• SB 120 - Motor Carriers; the reference date to federal regulations regarding the safe operation of motor carriers and commercial motor vehicles; update (PS-49th)

• HB 52 - Transportation, Department of; amend notice provisions relative to meetings for election of board members; provisions (Trans-27th)