The General Assembly returned to the Capitol on Monday, but the lack of floor action in the chambers seemed more like Legislative Day 3 than Legislative Day 32. Neither the House nor the Senate had Rules Calendars as the standoff over HB 1013, Speaker Ralston’s “Mental Health Parity Act” continued. The freeze appeared to thaw a bit in the Senate Rules Committee, which forgot its promise from last week to pause action on House measures until the House started moving Senate propositions and proceeded to add six House bills to a Rules Calendar for Tuesday. But the prospects for the remaining two weeks of the 2022 Legislative Session were further complicated by a colorful hearing on the omnibus mental health bill that was chock full of conspiracy theories and theorists. Details from today’s other committee meetings in this #GoldDomeReport.

In this Report:

• Committee Reports

• New Legislation

• What’s Next

Committee Reports

House Education Committee

The House Education Committee, chaired by Representative Matt Dubnik (R-Gainesville), met on Monday to consider the following measures:

• SB 357, authored by Senator Kay Kirkpatrick (R-Marietta), amends Title 20 to provide military students with the discretion to select adjacent school districts for attendance and provide for a standard process of military student school transfers.

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

• SB 514, authored by Senator Clint Dixon (R-Gwinnett), is Governor Kemp’s “Unmask Georgia Students Act.” The bill amends Title 20 to prohibit any school district or administrator from requiring students to wear face masks without allowing parents and guardians the right to opt out. The bill was amended in the Senate to extend the sunset from one year to five years.

  Senator Dixon presented the bill to the Committee. Representative Randy Nix (R-LaGrange) asked about whether the Governor could override the law in a subsequent public health emergency, to which Senator Dixon said yes, through the Governor’s executive power, although not expressly stated in the bill. Representative Becky Evans (D-Atlanta) expressed concern about limiting the ability of local schools to manage pandemics. Representatives Matthew Wilson (D-Brookhaven) and Miriam Paris (D-Atlanta) questioned the scientific basis for the author’s contention that masks are not effective. Representative Bee Nguyen (D-Atlanta) asked whether hybrid learning models had more to do with learning loss than mask-wearing. Representative Nguyen asked whether Department of Public Health Commissioner Toomey was consulted on the bill, to which the author said “she was fine” with the legislation. Several members expressed a desire that the bill be considered by the House Health and Human Services Committee instead of the Education Committee.

  The Committee recommended the bill DO PASS by an 11-6 vote and be sent to the Rules Committee.

• SB 545, authored by Senator Sonya Halpern (D-Atlanta), amends Title 20 to require schools to provide training in first aid, cardiopulmonary resuscitation, and the use of an automated external defibrillator for students in grades nine or ten.

  Senator Halpern presented the bill to the Committee. Representative Tommy Benton (R-Jefferson) asked about the funding for this instruction, to which Senator Halpern said the cost has not come up in her discussions with the Department of Education. Representative Wes Cantrell (R-Woodstock) asked which school personnel are currently required to have CPR training; Senator Halpern was unsure. Representative Rick Jasperse (R-Jasper) clarified that students generally take a health course in grade nine or ten, so this training could be provided as part of that coursework.

  The Committee considered and adopted an amendment to the bill to clarify that the required instruction in first aid, CPR, and the use of an automated external defibrillator collectively shall be no less than one hour. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

• SB 588, authored by Senator Butch Miller (R-Gainesville), amends Title 20 to provide that all meetings of local boards of education shall be open to the public. The bill also provides that members of the public shall not be removed from such public meetings except for actual disruption and in accordance with rules adopted and published by the local board of education.

  Senator Miller presented the bill to the Committee. In response to a question from Representative Randy Nix (R-LaGrange), Senator Miller explained that his bill was aimed at instances where individuals are disruptive in a meeting and are subsequently barred from future meetings. He posited that a court should make the decision as to whether an individual is subsequently prohibited from attending. Representatives Matthew Wilson (D-Brookhaven), Bee Nguyen (D-Atlanta), and Miriam Paris (D-Macon) each expressed concern with the legislation.

  Chairman Dubnik indicated that he has an issue with the legislation that he wants to work through with the author, so the Committee took no action on the bill. It is expected to be back before the Committee on Wednesday.

• SB 603, authored by Senator Sheikh Rahman (D-Lawrenceville), amends Title 20 to provide for an outdoor learning spaces pilot program.

  Senator Rahman presented the bill to the Committee, which has been developed with the Department of Education. Representative Bonnie Rich (R-Sugar Hill) expressed concern about schools that do not volunteer being stuck with costs. Representative Jan Jones (R-Milton), after noting that school districts have the largest cash reserves in her tenure in the legislature, asked why school districts should not just be allowed local control to do this if they want to do it. She further asked why a pilot program is needed if many school districts are already doing it. Representative Rick Jasperse (R-Jasper) expressed concern that the bill could be leading to a mandate down the road.

  Chairman Dubnik committed to working through the Committee’s questions and concerns with the author, so the Committee took no action on the bill. It is expected to be back before the Committee on Wednesday.

Senate Education & Youth Committee

The Senate Education & Youth Committee, chaired by Senator Chuck Payne (R-Dalton), met to consider the following propositions on Monday:

• HB 1292, authored by Representative Rick Jasperse (R-Jasper), amends Title 20 to prohibit students who participate in 4-H sponsored activities or programs from being counted as absent from school, subject to certain conditions.

  Representative Jasperse presented the bill to the Committee, reciting the 4-H Pledge to demonstrate his commitment to the legislation. The Committee recommended the bill DO PASS and be sent to the Rules Committee. Senator Tyler Harper (R-Ocilla) will carry the bill in the Senate.

• HB 1295, authored by Representative John Corbett (R-Lake Park), amends Title 20 to remove the needs development rating from the group of performance evaluation ratings which may adversely impact an educator's ability to obtain a renewable certificate from the Professional Standards Commission.

  Representative Corbett presented the bill to the Committee, explaining that the bill is aimed at trying to retain teachers. Senator Lindsey Tippins (R-Marietta) put forth a proposed amendment that incorporates changes requested by the Professional Standards Commission. Matt Arthur, Executive Director of the PSC, explained that the amendment would make the bill applicable only to teachers in their third through fifth years. Senator Jason Anavitarte (R-Dallas) asked whether Mr. Arthur had spoken to the author before today, and Mr. Arthur said this issue was just brought to his attention on Friday.

  Lisa Morgan of the Georgia Association of Educators spoke in favor of the bill but expressed opposition to the proposed amendment. Margaret Ciccarelli of the Professional Association of Georgia Educators also spoke in support of the original bill language and the pilot program contained within. Nathifa Carmichael of the Department of Education spoke in support of the legislation as presented prior to amendment.

  Given the late-arriving amendment, Chairman Payne delayed action on the bill. It will be considered again by the Committee on Wednesday.

• HB 1357, authored by Representative Tyler Paul Smith (R-Bremen), amends Title 20 to require the Professional Standards Commission to consider teacher certification programs from outside the state that are accredited by the Council for Higher Education Accreditation and regardless of whether such programs are provided by for-profit or not-for-profit entities.

  Representative Smith presented the bill to the Committee, and the PSC expressed no opposition to the legislation. The Committee recommended the bill DO PASS and be sent to the Rules Committee. The bill will be carried by Senator Jason Anavitarte (R-Dallas) in the Senate.

House Judiciary Committee

Chairman Chuck Efstration (R-Dacula) called the House Judiciary Committee to discuss three measures:

• SB 500, authored by Senator Brian Strickland (R-McDonough), amends Title 10 of the O.C.G.A. This measure is the Senate companion to Representative James Burchett’s (R-Waycross) HB 1321. The measure bars litigation by a state entity once the state enters into the opioid settlements. Since the House version had been discussed earlier in the session, committee members did not have any questions. The bill received a DO PASS recommendation.

• SB 332, authored by Senator John Albers (R-Roswell), amends Chapter 1 of Title 10 to create the “Inform Consumers Act”. The measure provides for certain disclosures by third-party high-volume sellers of consumer products on online marketplaces. Specifically, the bill requires online marketplaces to collect and verify third-party seller information and mirrors federal legislation on the topic. One Amendment by Representative Tyler Paul Smith (R-Bremen) was passed, which would add “actual” on line 119 between the word “preventing” and “fraud”. The measure then received a DO PASS recommendation.

• SB 438, by Senator Lindsey Tippins (R-Marietta), amends Article 2 of Chapter 10 of Title 13. SB 438 would change the retainage requirements for government contracts from 10% until half of the project is completed to 5% for the entirety of the project.

  The measure was supported by the Association of General Contractors and Specialty Contracts. The measure received a DO PASS recommendation.

Senate Judiciary Committee

Chairman Brian Strickland (R-McDonough) called the meeting to order. Chairman Strickland noted that 40 House Bills had been assigned to the Committee, and they would go through as many as possible within the hour.

• HB 1134, by Representative Chuck Efstrations (R-Dacula), amends Code Section 16-15-4 of O.C.G.A. This would provide concurrent jurisdiction to the Attorney General’s Office for gang crimes, which would work similarly to human trafficking cases. This measure would allow the Attorney General’s office to work with the local District Attorney’s to prosecute and pool resources.

  Senator Elena Parent (D-Atlanta) asked if the Attorney General’s office regularly employed peace officers and deployed them. Representative Efstration noted that the AG’s Office currently could deploy peace officers. She followed up by asking about concurrent and multi-jurisdictional laws currently on the books. Representative Efstration pointed out he was not an expert in this type of law, and he was not currently aware of a law for gang crime except for using RICO.

  HB 1134 received a DO PASS recommendation. Senator John Kennedy (R-Macon) will carry the measure in the Senate.

• HB 1428, also by Representative Chuck Efstration, is the annual code revision bill. The measure received a DO PASS recommendation, to be carried by Chairman Strickland.

• HB 1088, by Representative Stan Gunter (R-Blairsville), amends Part 7 of Article 5 of Chapter 3 of Title 44 to address lien priority for non-judicial foreclosures on time-share estates. The measure is a companion bill to SB 493 currently in House Rules Committee. The bill received a DO PASS recommendation, and Senator Bo Hatchett (R-Cornelia) will carry it.

• HB 1188, by Representative Jodi Lott (R-Evans), amends Code Section 16-6-4 of the O.C.G.A. This is one of the Governor's priorities and clarifies criminal procedures specific to child molestation. The author provided an example that if someone is caught with one inappropriate image or thousands, they would be charged as if it was one image. This bill seeks to change that, so the alleged would be charged separately based on the total number of images.

  Senator Bill Cowsert (R-Athens) asked why not increase the penalty than opening it up to every image. A prosecutor, who frequently works with these cases, explained that pictures like these were on polaroids, and there would be fewer images. Now, there can be thousands from one interaction. He noted that digital photos do not disappear and referenced the continued pain and suffering of survivors. He added that the measure also includes the action of molestation.

  Jill Travis of the Georgia Association of Criminal Defense Lawyers expressed concern over the bill. She explained that the law currently allows for what the bill is trying to do. Ms. Travis noted that increasing the punishments would not make the actions disappear. She referenced the federal laws and agreed with Senator Cowsert regarding adding years based on the number of images. Ms. Travis asked that the committee leave the sentencing to the judges.

  Brian Johnston, a GBI agent, assigned to Child Exploitation and Computer Crimes Unit, added remarks. He noted Georgia had a substantial problem and expressed support for the measure.

  The Committee recommended the bill DO PASS and is to be carried by Senator Bo Hatchett.

• HB 620, by Representative Rob Leverett (R-Elberton), amends Title 51 to revise and clarify the procedures for the payment of settlements involving claims of minors. Council of State Court Judges Bob Grey expressed support. The measure passed the committee.

House Higher Education Committee

Chairman Chuck Martin (R-Alpharetta) called a meeting of the House Higher Education Meeting to order.

• SB 333, authored by Senator John Albers (R-Roswell), amends Part 1A of Article 7 of Chapter 3 of Title 20 of the O.C.G.A. LC 50 0388S limits the oversight to only schools offering certificates and degrees. The bill gives more flexibility to the board in deciding who receives bonds.

  The Chairman mentioned a change on line 538, to be discussed at the next meeting. The Committee took no action on the measure.

• SB 397, authored by Senator Russ Goodman (R-Cogdell), amends Titles 15, 20, 25, 40, 42, and 43. This measure seeks to change the terminology of the General Educational Development (GED) to High School Equivalency (HSE). LC 50 0321 ECS is a Governor’s priority. This bill would allow for the new pathways for those who do not have a high school diploma to be eligible for the GED voucher. The measure would allow for those who have completed the educational requirements to receive a voucher to pay for the GED or a similar test before taking the exam rather than after, which is current practice.

  The Committee did not have any further questions and took no action on the bill.

New Legislation

The following legislation of potential interest has been introduced:

What’s Next

The General Assembly will reconvene for Legislative Day 33 on Tuesday, March 22 at 10 a.m.

The House has not set a Rules Calendar for Legislative Day 33.

The Senate is expected to consider the following measures on Legislative Day 33:

• HB 275 - Fire protection and safety; random drug tests for certain firefighters, emergency medical services personnel, paramedics, and cardiac technicians; require

• HB 385 - Teachers Retirement System of Georgia; employ beneficiaries; permit public school systems

• HB 1049 - State Board of Nursing Home Administrators; revise composition

• HB 1086 - Health; influenza vaccinations for discharged patients; lower age to 50

• HB 1303 - Education; transition a pilot program for elementary agricultural education to an ongoing program

• HB 1346 - Courts; clerks of superior courts; provide for construction