Gold Dome Report — Committee Day

Nelson Mullins Riley & Scarborough LLP

Although the General Assembly was in adjournment today, legislators packed the day with committee meetings to consider languishing legislation, new amendments, and hastily drawn substitutes. One of the major points of the day came late morning as the Conference Committee on HB 81, the FY 2022 budget, met for an introductory meeting. Conferees include Chairman of House Appropriations Committee Terry England (R-Auburn), Speaker Pro Tem Jan Jones (R-Milton), House Majority Leader Jon Burns (R-Newington), Chairman of Senate Appropriations Committee Blake Tillery (R-Vidalia), President Pro Tem Butch Miller (R-Gainesville), and Senate Majority Leader Mike Dugan (R-Carrollton). The Committee made a point of thanking the Governor and his staff for the work done on the budget since July and also expressed their gratitude for the financial position that the State is in and their optimism for the future. There are only 21 pages of disagreements in the 200+ page budget. There are a number of items which the Conferees noted that they had made agreement upon, including items in K-12 education, the Board of Regents, and the Technical College System of Georgia. They also have been supportive of many of the additions made to mental health.

In other news, long-time State Representative Greg Morris was elected this afternoon to the State Transportation Board. Thus, Representative Morris will be leaving the House of Representatives in the coming days.

Updates from today’s myriad meetings in this issue of the #GoldDomeReport.

In today’s Report:

  • Committee Reports
  • Rules Calendars for Legislative Day 38

Committee Reports

House Education Committee
The House Education Committee, chaired by Representative Matt Dubnik (R-Gainesville), met virtually to consider the following legislation today:

  • SB 153, authored by Senator Greg Dolezal (R-Cumming), originally amended Title 20 to create GOAL academies which operate as special charter schools with a specialized focus on dropout recovery or high school credit recovery.

Representative Jan Jones (R-Milton) presented a Substitute to the bill that was discussed in yesterday’s meeting. The Substitute removes the content of the bill as it passed the Senate but still addresses the sustainability of funding for credit recovery charter schools. The substitute moves these schools from the State Charter Commission to the Department of Education, along with the 2% administrative fee currently paid to the Commission. State funding for the schools will be maintained for the remainder of their charters, and the Department and legislators will work in the interim to craft a more sustainable funding model. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

House Higher Education Committee
Chairman Chuck Martin (R-Alpharetta) and the Higher Education Committee met on these bills:

  • SB 204, authored by Senator Lindsey Tippins (R-Marietta), seeks to provide in Chapter 4 of Title 20 a mechanism for youth sixteen years and older to obtain training at a Technical College System of Georgia school and to also be granted a high school diploma upon completion of a certification program. This legislation creates a pilot program for a five-year duration. Senator Tippins believes if the program is successful then the language will be repealed and included permanently. An amendment, repealing an Article at lines 221, was proposed to address the July 1, 2026 relating to the five year pilot. The authority for TCSG to confer diplomas remains. The bill received a DO PASS recommendation as amended, and it moves now to the House Rules Committee.
  • SB 81, authored by Senator Jeff Mullis (R-Chickamauga), seeks to change the name of the Office of College and Career Transitions to the Office of College and Career Academies in O.C.G.A. 20-4-37. At page 4, it encourages the group to work with the Workforce Development Board and Department of Economic Development to collaborate. Today, the legislation was presented as a substitute by Chairman Martin (LC 49 0381) that includes the Department of Education as a collaborative partner. The bill received a DO PASS recommendation; it passed without dissent and now moves to the House Rules Committee.

The Committee did not take action on Senator Lester Jackson’s SB 97 regarding tuition waivers for students attending historically black colleges and universities. More work is being done on this legislation. Additionally, the Committee may meet again next week regarding some proposed study committees to be created.

House Human Relations & Aging Committee
The House Human Relations Committee, chaired by Representative Jesse Petrea (R-Savannah), met to consider the following legislation today:

  • SB 215, authored by Senator Larry Walker (R-Perry), amends Title 31 to allow medication aides to administer certain medicines in nursing home settings including insulin, epinephrine, and B12. Senator Walker presented the bill to the Committee as a Substitute, and the Committee recommended the bill DO PASS.
  • HR 236, authored by Representative Jodi Lott (R-Evans), creates the House Study Committee on the Safe Staffing of Nurses in Georgia. The Committee took no action on the bill and plans to study it during the interim.

Senate Government Oversight Committee
Chairman Marty Harbin (R-Tyrone) and the Government Oversight Committee addressed these bills:

  • HB 92, authored by Representative Matthew Gambill (R-Cartersville), addresses vital health records maintained by the Department of Public Health and their transfer to the state’s archives in O.C.G.A. 31-10-25(e). The bill, now in the form of a compromise substitute, permits the Department of Public Health to transfer death and marriage records after 75 years and retains birth records for 125 years before such may be transferred. Representative Gambill presented the legislation noting that he believes it will meet the requirements of genealogical groups which had requested the change in the time requirements. The substitute bill received a DO PASS recommendation, and it now moves to the Senate Rules Committee.
  • HB 619, authored by Representative Penny Houston (R-Nashville), seeks to address in Chapter 3 of Title 12 property located in Berrien County (Patrick’s Fishing Paradise) so that eight acres may be removed from the Historical Trust so it may be leased or sold. This action would be required to be approved by the Department of Natural Resources Board and then would come back to the General Assembly. The property would be placed in a conservation trust; no building would be permitted. The legislation, drawn tightly in the new substitute, received a DO PASS recommendation, and it now moves to the Senate Rules Committee. Senator Tyler Harper (R-Ocilla) will carry the legislation forward in the Senate.
  • HB 409, authored by Representative Stan Gunter (R-Blairsville), seeks to create in Chapter 15 of Title 45 the Judicial Legal Defense Commission and Judicial Legal Defense Fund. The bill addresses a situation when judges are sued which does not occur frequently. This legislation came about in part due to a situation which occurred with judges in Cordele Circuit involving a death penalty case. The suit also involved a constitutional officer; when that occurs, the Attorney General may not represent the judge(s). This legislation seeks to provide a remedy to the situation. Representative Gunter indicated that he had worked with the Judicial Council on the bill. The Governor will be controlling the process but the five-member commission which will respond is composed of individuals who are appointed by the Governor, President of the Senate, Speaker of the House, Chief Justice of the Supreme Court and Council of Superior Court Judges. The legislation received a DO PASS recommendation, and it now moves to the Senate Rules Committee.

Senate Education & Youth Committee
The Senate Education & Youth Committee, chaired today by Senator Jason Anavitarte (R-Dallas), met to consider one measure.

  • HB 681, authored by Representative Bill Yearta (R-Sylvester), in its original form amends Title 20 to require a course of study in financial literacy for students in tenth and eleventh grades.

The Committee considered a Substitute to the bill that removes the original content and replaces it with the content of SB 51, the Dexter Mosely Act. The Committee quickly recommended the bill DO PASS by Committee Substitute, and the bill proceeds to the Rules Committee.

Senate Judiciary Committee
The Senate Judiciary Committee, chaired by Senator Brian Strickland (R-McDonough), met to consider the following measures this morning:

  • HB 94, authored by Representative Bonnie Rich (R-Sugar Hill), amends O.C.G.A. § 16-8-24 and 16-8-25 to create a new crime of possession of stolen mail and porch piracy.

Representative Rich presented a Substitute to the Committee that addressed a number of the members’ concerns from the prior meeting, including allowing the crime to be charged as a misdemeanor at the judge’s discretion. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee. The bill will be carried by Senator John Kennedy (R-Macon).

  • HB 194, authored by Representative Steven Sainz (R-Woodbine), amends O.C.G.A. § 17-10-6.2 to create lifetime probation requirements for individuals convicted of a second or subsequent felony sexual assault offense.

Representative Sainz presented a Substitute to the Committee, which he explained makes only technical modifications recommended by the Senate Research Office. Senator Elena Parent (D-Atlanta) proposed an amendment to change instances of “shall” to “may” in the bill, but the amendment failed on a 3-3 vote. The Committee recommended the bill DO PASS by Committee Substitute on a 4-3 vote. Senator Bo Hatchett (R-Cornelia) will carry the bill in the Senate.

  • HB 231, authored by Representative Houston Gaines (R-Athens), amends Titles 16 and 19 to expand the applicability of protective orders involving victims of stalking, particularly relating to individuals involved in a "dating relationship" and persons through whom a past or present pregnancy has developed.

Representative Gaines presented a Substitute to the bill that defines “recently” as “within the last six months.” April Ross of the Georgia Commission on Family Violence spoke in favor of the bill. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee. Senator Brian Strickland (R-McDonough) will carry the bill in the Senate.

  • HB 272, authored by Representative Mandi Ballinger (R-Canton), amends Title 15 to change the jurisdiction of the juvenile court to include children who are under 18 years of age.

Jeff Breedlove of the Georgia Council on Substance Abuse as well as a retired juvenile court judge spoke in favor of the legislation. Jill Travis and Jay Tom Morgan spoke in support of the bill on behalf of the Georgia Association of Criminal Defense Lawyers. The Georgia Association of Chiefs of Police spoke in opposition to the bill. Debra Nesbitt of the Association County Commission of Georgia expressed opposition to the bill due to the lack of funding. Terry Norris of the Georgia Sheriff’s Association also spoke in opposition. The SPLC Action Fund spoke in support of the bill. Representatives from the Department of Juvenile Justice discussed the impact of the bill on the Department’s physical and service capacity.

Senator Kay Kirkpatrick (R-Marietta) proposed an amendment to change the effective date from January 1, 2022 to 2023, and the amendment was adopted. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee. Senator Elena Parent (D-Atlanta) will carry the bill in the Senate.

  • HB 306, authored by Representative Stan Gunter (R-Cornelia), amends Title 14 to provide that a corporation may hold annual shareholders' meetings and special shareholders' meetings by means of remote communication.

Representative Gunter previously presented the bill to the Committee, and the Committee recommended the bill DO PASS and be sent to the Rules Committee. Senator Bo Hatchett (R-Cornelia) will carry the bill in the Senate.

  • HB 327, authored by Representative Martin Momtahan (R-Dallas), amends Title 10 and Title 16 to create the Organized Retail Crime Prevention Act.

The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee. Senator John Albers (R-Alpharetta) will carry the bill in the Senate.

  • HB 334, authored by Representative Joseph Gullett (R-Dallas), seeks to permit remote online notarization of documents (RAN) in Titles 10, 15, 45 and 50. The original legislation was an attempt to codify the Governor’s Executive Order allowing electronic notarization of documents so that such could be used after the pandemic. There were two substitutes before the Committee which were prepared by Senator Blake Tillery (R-Vidalia). Senator Tillery explained his substitutes which essentially eliminated RAN in real estate transactions as well as wills, trusts and estates. Senator Tillery argued that Georgia is a “closing attorney state” and no other closing attorney state permits RAN. There were a number of entities which rose in opposition to the substitute legislation including Rocket Mortgage, Quicken Loans, Georgia Bankers Association, Georgia’s Own Credit Union, Georgia Credit Union Association, and the State Bar of Georgia. The Georgia Real Estate Closing Attorneys Association supported Senator Tillery’s substitute. There were comments on the original legislation as it followed model legislation and Georgia would be the only state with the real estate exclusion if the Substitute passed. Others reminded the Committee that a loan closing attorney is ultimately responsible. While Representative Gullett did not support the Substitute, he wanted the legislation to move forward. Thus, the Committee provided a DO PASS recommendation on the Tillery Substitute and the bill now moves to the Senate Rules Committee.
  • HB 383, authored by Representative John Carson (R-Marietta), amends Title 50 to prohibit the State from entering into certain contracts with an individual or company unless such contracts contain a certification that such individual or company does not presently conduct a boycott of Israel and will not conduct such a boycott for the duration of such contract.

Representative Carson presented the initiative to the Committee. An amendment was made in the Committee to clarify that the legislation solely relates to companies and not individuals and would apply to contracts of $100,000 or more (that is the basis for state contracting requirements through the Department of Administrative Services). Representative Carson explained that the legislation was brought by the American Jewish Committee.

The substitute as amended received a DO PASS recommendation, and it will now be sent to the Rules Committee. The bill will be carried by Senator Kay Kirkpatrick (R-Marietta) in the Senate.

  • HB 411, authored by Representative Joseph Gullett (R-Dallas), amends Title 15 to create the Prosecuting Attorneys Oversight Commission.

Representative Gullett presented the bill to the Committee, noting that the Georgia Constitution already provides for the discipline of district attorneys, and this is enabling legislation to allow exercise of that power. The bill creates a Commission similar to the Judicial Qualifications Commission. Chairman Strickland noted that the proposed Commission does differ from the JQC in that the Senate is not required to confirm the members.

Pam Bettis, Solicitor General of Henry County; Tasha Mosely, District Attorney from Clayton County; and Sherry Boston, District Attorney for DeKalb County, each testified regarding concerns with the bill, and DA Boston explained that there are already mechanisms in place for dealing with prosecutor conduct.

Senator Bill Cowsert (R-Athens) proposed an amendment that would provide for Senate confirmation of Commission members, and the amendment was accepted. The Committee recommended the bill DO PASS and be sent to the Rules Committee. The bill will be carried by Senator Randy Robertson (R-Cataula) in the Senate.

  • HB 443, authored by Representative Rob Leverett (R-Elberton), amends Title 51 to create the Georgia Structured Settlement Protection Act. The legislation provides consumer protections to structured settlement recipients relating to the sale or transfer of structured settlements.

Representative Leverett presented the bill to the Committee, which he noted has been adopted in 48 states. A representative of the National Association of Settlement Purchasers and practicing attorney in Georgia spoke in favor of the legislation. The Committee recommended the bill DO PASS and be sent to the Rules Committee. Senator Billy Hickman (R-Statesboro) will carry the bill in the Senate.

  • HB 464, authored by Representative Mitchell Scoggins (R-Cartersville), amends Title 29 to allow probate courts to transfer petitions of temporary guardianship of a minor to the juvenile court.

Representative Scoggins presented the bill to the Committee, noting that the legislation is requested by the probate judges. The Committee recommended the bill DO PASS and be sent to the Rules Committee. Senator Bo Hatchett (R-Cornelia) will carry the bill in the Senate.

  • HB 591, authored by Representative Don Hogan (R-St. Simons Island), amends Title 37 to authorize licensed marriage and family therapists to perform certain acts related to emergency mental health treatment.

Representative Hogan presented the bill to the Committee, which is supported by DBHDD, NAMI, and other mental health advocates. Elizabeth Appley, representing the Georgia Association of Marriage and Family Therapists, spoke in support of the legislation. Regina Quick, Counsel to Lieutenant Governor Duncan, also spoke to a proposed amendment to the bill that would provide for the collection of data regarding how 1013 orders are being used. Jeff Breedlove of the Georgia Council on Substance Abuse expressed concern that no other members of the mental health community were present to testify and that the bill may have unintended consequences. Ms. Appley testified that the mental health community has been involved in the process at points before this meeting.

The Committee adopted the amendment proposed by Ms. Quick and recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee. The bill will be carried by Senator Kay Kirkpatrick (R-Marietta) in the Senate.

  • HB 635, authored by Representative Rob Leverett (R-Elberton), amends Title 15 to allow each judge of the superior, state, probate court and each magistrate to perform any lawful judicial act regardless of their physical location when the act is performed.

Representative Leverett presented the bill to the Committee as a Substitute that contains the original bill and the content from HB 555 and HB 556. The Substitute combines a number of priorities from the Judicial Council and Council of Superior Court Judges. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

Senate Finance Committee
The Senate Finance Committee, chaired by Senator Chuck Hufstetler (R-Rome), met today to consider the following legislation.

  • HB 317, authored by Representative Ron Stephens (R-Savannah), amends Title 48 to extend certain taxes and fees on hotels and lodging to "marketplace innkeepers" who provide rooms and accommodations through the internet. Representative Stephens presented the bill to the committee and explained that this bill passed out of the house last year but did not receive final passage due to COVID-19. Senator John Albers (R-Roswell) asked if it would be possible to lower the fee because this bill would increase the size of the total pool of entities providing the fee. Representative Stephens explained that this bill creates a cap on VRBOs but not on regular hotels. Senator Bruce Thompson (R-White) offered an amendment to allow funds to be returned to the municipality if destination marketing organizations consent. The amendment was adopted. The committee recommended the bill DO PASS as amended.
  • HB 477, authored by Representative Sam Watson (R-Moultrie), amends Title 48 to extend the sunset provision of the transfer of real property tax credit. Chairman Hufstetler stated that while he is willing to see the bill move forward, he would like to revisit the program in the next few years to evaluate its effectiveness. To this end, he offered an amendment to move the value down to $20 million over the next five years instead of $150 million. The amendment was adopted. The committee recommended the bill DO PASS as amended.
  • HB 575, authored by Representative Robert Dickey (R-Musella), was offered as a substitute by Senator John Kennedy (R-Macon) would allow consolidated governments to enact an OLOST by referendum. These funds would be used for community improvement projects. Representative Dale Washburn (R-Macon) explained that the bill would also provide a rollback of two mills for property taxes in the county. Senator Butch Miller raised concerns with the bill, specifically that the bill could negatively affect communities other than Macon—which the substitute was designed to address. The committee moved the bill DO PASS.
  • HB 586, authored by Representative Sam Watson (R-Moultrie), amends Title 48 to extend sunset dates on a variety of tax credits along with creating a new tax credit for ticket sales for fine arts performances within facilities owned by an art 501(c)(3). The bill was presented as a substitute that includes engine manufacturing tax credits and extension of the sunset provisions for boating maintenance, concrete mixing, and short line railroads. The bill also includes a tax credit targeting Lockheed Martin. Representative Bert Reeves (R-Marietta) explained that the aerospace tax credit would apply to any company in the industry that would like to locate in Georgia. The specific aspect of the bill would help aerospace companies in Georgia to competitively bid for large military projects in the next few years. Chairman Hufstetler noted that he added clawback language to this aspect of the bill in the event that these companies do not win the contracts. Senator Steve Gooch proposed an amendment to extend a five year provision to ten years to reflect the normal amount of time it takes to fully operate these aerospace manufacturing procedures. The amendment was adopted. The committee recommended that the bill DO PASS as amended.
  • HB 588, authored by Representative Rick Jasperse (R-Jasper), was presented as a committee substitute that provides updates to the state’s freight rail regulations. The bill ties the tax credit for rail freight to the usage of rail fuel and also authorizes the Department of Transportation to work on large freight rail projects. Senator Steve Gooch (R-Dahlonaga) proposed an amendment to require that taxes collected must be used on capital projects using a formulaic grant based on the amount of track in each area of the state. This amendment was adopted. Senator Gooch offered a second amendment to allow the Commissioner of Transportation or their designee to serve as an ex officio member of the ports authority. This amendment was adopted. The committee recommended the bill DO PASS as amended.

Rules Calendars for Legislative Day 38

The House is expected to take up the following measures on Thursday for Legislative Day 38:

  • HR 406 — Georgia Emergency Operations Plans; prioritize the continuum of the long-term services and support system; urge
  • SB 28 — Juvenile Code and Domestic Relations; provisions relating to the protection of children; strengthen, clarify and update
  • SB 46 — Health; certain medical personnel to administer vaccines during public health emergencies under certain conditions; authorize
  • SB 47 — Georgia Special Needs Scholarship Act; revise prior school year requirement
  • SB 75 — Termination of Residential Lease; victims of stalking; provide
  • SB 95 — State Government; conditions for meetings and public hearings to be held by teleconference in emergency conditions; provide
  • SB 142 — Lottery for Education; lottery game of sports wagering in this state; provide
  • SB 165 — Motor Vehicles; autonomous vehicles from certain vehicle equipment requirements; exempt
  • SB 193 — Ad Valorem Taxation of Property; requiring that mobile homes procure and display decals; grant counties the option
  • SB 202 — Elections and Primaries; persons or entities that mail absentee ballot applications shall mail such applications only to eligible registered electors; provide
  • SB 213 — Contracts and Purchases by Public Schools; payment on guaranteed energy saving contracts; proceeds from local option sales taxes collected for educational purposes; provide
  • SB 218 — Vacation of Office; suspension of compensation for certain public officers who are suspended because of indictment for a felony; provide
  • SB 234 — "Georgia Uniform Mediation Act"; enact
  • SB 246 — "The Learning Pod Protection Act"; exemptions applicable to learning pods, student attendance, administrative and judicial proceedings; provide
  • SR 135 — Sports Betting; related matters; provide -CA

The Senate is expected to take up the following measures on Thursday for Legislative Day 38:

  • HB 34 — Audiology and Speech-Language Pathology Interstate Compact Act; enact
  • HB 44 — State government; Georgia shall observe daylight savings time year round; provide
  • HB 68 — Professions and businesses; certain military certifications; extend time to qualify
  • HB 98 — State government; conditions for meetings and public hearings to be held by teleconference in emergency conditions; provide
  • HB 141 — Criminal procedure; requirements for awards made from Georgia Crime Victims Emergency Fund to medical service providers; provide
  • HB 146 — Public officers and employees; paid parental leave for eligible state employees and eligible local board of education employees; provide
  • HB 173 — Retirement and pensions; eligible large retirement system's assets that may be invested in alternative investments; increase percentage
  • HB 205 — Insurance; framework for regulating the offering or issuance of travel insurance; provide
  • HB 268 — The Occupational Therapy Licensure Compact Act; enact
  • HB 286 — Local government; restrict ability of county governing authorities to reduce funding for county police departments
  • HB 346 — Jarom's Act; enact
  • HB 353 — Motor vehicles; clarify what constitutes an obstruction for purposes of exceptions to when a vehicle is to drive on the right side of roadway
  • HB 354 — State Board of Cemeterians and Funeral Service; report suspected unlawful activity to the sheriff's office and the Attorney General; require
  • HB 363 — Crimes and offenses; protection of elder persons; revise definitions
  • HB 370 — Health; term limits for members of joint hospital authorities; provide
  • HB 453 — Special license plates; certified, volunteer, and retired firefighters; provide standards for proof of eligibility
  • HB 459 — Local government; prohibit annexations of county operated airport property
  • HB 465 — Local government; imposing civil penalties upon an alarm systems contractor for a false alarm that occurs through no fault of alarm systems contractor; prohibit
  • HB 553 — State government; participation in hearings by electronic communications; provide
  • HB 567 — Newborn Screening and Genetics Advisory Committee; create
  • HB 611 — State government; definition of small business; change
  • HB 631 — Georgia Crime Information Center; develop a system to collect information on an individual's ability to communicate with law enforcement or emergency responders; provisions
  • HR 24 — Lucci, Dominic Brian; compensate
  • HR 25 — Jones, Mark Jason; compensate
  • HR 26 — Gardiner, Kenneth Eric; compensate
  • HR 119 — Senator Johnny Isakson Bridge; Chatham County; dedicate
  • HR 183 — Congress; pass Recovering America's Wildlife Act; urge
  • HR 282 — Sydnie Grace Jones Memorial Intersection; dedicate

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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