Gold Dome Report — Legislative Day 12

Nelson Mullins Riley & Scarborough LLP

The big news today was the movement on the FY 2021 Amended Budget as the Senate Appropriations Committee moved its version on HB 80 forward this morning. This spending plan for the state includes much of what was proposed by Governor Kemp and the House of Representatives, with most changes isolated to the budgets for the Departments of Education and Public Health. We provide a deeper dive into HB 80 in today’s #GoldDomeReport.

Members of the General Assembly head home to their districts today and will return on Monday for Legislative Day 13. The Senate will convene at 10 a.m., and the House will come to order at 1 p.m.

In today’s Report:

  • Senate Appropriations Approves Amended FY 2021 Budget
  • Committee Reports
  • New Legislation
  • Rules Calendar for Legislative Day 13

Senate Appropriations Approves Amended FY 2021 Budget

Chairman Blake Tillery (R-Vidalia) and his Appropriations Committee met this morning to address the state’s spending plan for the remainder of this fiscal year. Before delving into the specifics on the budget, Chairman Tillery paused to once again remember the late Chairman of Senate Appropriations Committee, Senator Jack Hill. The Committee also took action on SR 26, authored by Senator Tyler Harper (R-Ocilla), which is a constitutional amendment relating to bond projects for airports. Senator Harper indicated making this change to the Constitution will allow the state to make improvements in the airports across the state. Senator Brandon Beach (R-Alpharetta) echoed the comments seeing it as opportunities for growth in local communities. SR 26 received a DO PASS recommendation without changes.

HB 80, the state’s FY 2021 Amended Budget, was presented by Chairman Tillery who began by thanking the Governor, Office of Planning and Budget, the House of Representatives and its staff, the Senate Appropriations Committee members and staff for the work on this document. He also noted that this process has been the smoothest he experienced and especially thanked media services who operated the livestream, even at 6:30 AM, to allow for the public to be involved.

The Senate agreed to many of the House changes in HB 80 and Chairman Tillery accented these changes below which the Senate Appropriations Committee made:

  • Addition of $150,000 in the Secretary of State’s Budget, Professional Licensing program for the issuance of temporary nursing permits to administer vaccine and monitoring of the patient for adverse reactions (pursuant to the Governor’s Executive Order)
  • Redirection of bond funds of $11 million back to the Department of Public Health and to include funding for two additional personnel within the Department (IT and assistance with federal funding received)
  • Inclusion of $7.5 million to the Governor’s Emergency Fund (to assist with issues such as vaccine distribution)
  • Addition of more than $49,000, in the Department of Labor’s Department Administration program, for the creation of a new position, pending legislation, for oversight of Department of Labor’s Unemployment Insurance and Audits

The Senate’s changes from the House version of the Amended FY21 Budget for selected agencies are as follows:

  • Behavioral Health & Developmental Disabilities — No changes
  • Community Health — No changes
  • Education
    • $5,482,437 reduction eliminating House addition of funds to administer Georgia Milestones tests and revising testing standards for new math and English standards.
    • $1,003,860 increase for 13 additional school buses (in addition to funding for 500 added by House).
    • $698,671 decrease to House addition for Special Needs Scholarship growth to reflect parental refund of austerity amount in fourth quarter payments.
    • $600,000 reduction eliminating House addition of funds to hold harmless four charter schools that experienced an enrollment decline.
    • $500,000 increase to administer grants to local systems for developing the GMAP and Navvy formative assessment.
    • $354,061 reduction to House addition of funds for PSAT and AP exams.
    • $93,500 increase to offset austerity to grants for computer science professional development.
  • Human Services — No changes
  • Juvenile Justice — No changes
  • Public Health
    • $11,100,000 redirection of bond funds designated for a clinical billing IT system to implement a new vaccine management system.
    • $200,000 increase to House addition for two additional positions (senior programmer and financial manager) to support the agency’s COVID-19 response.

The full Senate is expected to take up the amended spending plan next week, as early as Tuesday.

Committee Reports

House Education Committee
The House Education Committee, newly chaired by Representative Matt Dubnik (R-Gainesville), met for its organizational meeting this morning. After the Committee adopted its rules for the session, Chairman Dubnik announced the three subcommittees where most of the Committee’s work will be conducted:

  • Academic Achievement
    • Representative Mike Cheokas (R-Americus) — Chair
    • Representative Dominic LaRiccia (R-Douglas) — Vice Chair
    • Representative Tommy Benton (R-Jefferson)
    • Representative Dewayne Hill (R-Ringgold)
    • Representative Mesha Mainor (D-Atlanta)
    • Representative Randy Nix (R-LaGrange)
    • Representative Miriam Paris (D-Macon)
  • Academic Support
    • Representative Will Wade (R-Dawsonville) — Chair
    • Representative Rick Jasperse (R-Jasper) — Vice Chair
    • Representative Terry England (R-Auburn)
    • Representative Becky Evans (D-Atlanta)
    • Representative Jan Jones (R-Milton)
    • Representative Bee Nguyen (D-Atlanta)
    • Representative Matthew Wilson (D-Brookhaven)
  • Academic Innovation
    • Representative Todd Jones (R-South Forsyth) — Chair
    • Representative Mike Glanton (D-Jonesboro) — Vice Chair
    • Representative Wes Cantrell (R-Woodstock)
    • Representative Doreen Carter (D-Lithonia)
    • Representative Wayne Howard (D-Augusta)
    • Representative Bonnie Rich (R-Sugar Hill)
    • Representative Ed Setzler (R-Acworth)

Only one bill was assigned to a subcommittee today: HB 32, Representative Dave Belton’s (R-Buckhead) proposition for refundable tax credits for teacher recruitment and retention was assigned to the Academic Innovation Committee. Chairman Dubnik noted that Subcommittee meetings will start next week. He also expects the full committee to meet weekly on Thursday at 8 a.m.; subcommittee meeting times are pending. No further action was taken, and the Committee adjourned.

House Juvenile Justice Committee
Chairman Mandi Ballinger (R-Canton) and the Juvenile Justice Committee adopted its Committee Rules for the new biennium and took up one bill, HB 154 (LC 37 8537EC). HB 154, authored by Representative Bert Reeves (R-Marietta), amends Title 19 to provide revisions to the state's foster and adopted children laws. This legislation is the clean up legislation from the adoption law update which took place in 2018. In 2020, a bill, HB 913, was introduced to make a number of clean ups but the legislation never fully made it through the legislative process. Representative Reeves outlined the changes, which he described as mostly technical, to the Committee. The policy change is at line 32 where it moves the age of eligibility for the filing of a petition for adoption. Current law is 25; this moves it the age of 21 and provides for a right of standing to file the petition. The adoption process will retain the rigorous background process and the judge will make the decision. Representative Reeves indicated this would only take place in limited instances - generally when both parents are deceased and a sibling is adopting a child or perhaps when parents are incarcerated. There were several other technical changes he enumerated:

  • Lines 96-101 addressing the voluntary surrender rights and court’s termination of rights (this clarifies that the court follows other states termination provisions)
  • Lines 398-401 addressing parental rights when perhaps a mother cannot be found and will require the petition to contain facts
  • Lines 409-410 recognizing other states
  • Lines 439-442 addressing confidentiality of petition and conform the way a petition looks in Juvenile Court with use of initials of the minor child

The Committee made several amendments which were adopted:

  • Struck lines 610-619 which is to address ‘facilitators’ of adoptions which are unlicensed in Georgia and are not permitted under Georgia law but there is no enforcement (the goal is to add language to address such facilitators once the bill reaches the Senate)
  • Line 23 which is to address jurisdiction and venue and adds that after born this language “resides, or was residing at the time of placement”
  • Renumbering paragraphs at lines 620, 623 and 635 with the deletion of lines 610-619 from the bill

The legislation received a DO PASS as amended and moves now to the House Rules Committee.

Senate Regulated Industries

The Senate Regulated Industries Committee, chaired by Senator Bill Cowsert (R-Athens), met today to hear updates on broadband in the state.

AT&T explained that it is the second largest capital investor in the state. Additionally, the company is working on building out wireless broadband including 5G. These wireless technologies are extremely beneficial to rural areas. AT&T currently has fixed wireless internet in at least 70 counties. The company listed three policy changes to aid their broadband capacity in Georgia:

  • Reduce sales taxes on broadband deployment
  • Modify state broadband fund
  • Reduce right-of-way costs

Chairman Cowsert asked if AT&T owns its own poles. The company owns about 15% of the poles in the state and leases them out to other companies and EMCs based on federal requirements.

A group of EMCs also presented to the committee.

Danny Nichols, CEO of Colquitt EMC, discussed the effects of SB 2 on EMC broadband expansion. The EMC developed feasibility studies that showed it would not be possible to become a retail provider; therefore, they partnered with Windstream to provide services. The EMC had to offer to install the fiber itself with Windstream’s equipment and charge no fee for unserved customers that were also customers of the EMC.

Todd Payne, CEO of Amicalola EMC, explained that the EMC also decided not to become a retail provider but instead partnered with an existing provider. They plan to build about 250 miles of fiber in unserved areas. Construction began earlier this year and Mr. Payne hopes for the initial stages of the project to be completed by the end of the year.

Tim Martin, CEO of Carroll EMC, noted that the EMC has been trying to figure out solutions for broadband access. He thanked the committee for its work on SB 2 and noted that almost 66% of its members did not have access to broadband.

Senator Frank Ginn (R-Danielsville) asked if DOT is receiving extra fees for permits on existing lines. Proposed rulemaking increases right-of-way fees but as of right now the current fee structure is negatively affecting broadband rollouts.

Senator John Kennedy (R-Macon) asked if the EMCs believe their partnerships have been positive experiences. Mr. Nichols answered in the affirmative because it does not require grants to guarantee financial stability of projects. The EMC’s share of the cost was able to reduce Windstream’s cost about one-third of the normal amount. So far, electricity rates have not increased as a result of the fiber partnership.

Chairman Cowsert thanked all EMC representatives for their service to the state and agreed that the legislature needs to focus on helping rural communities receive equal access to services as the metro area.

The committee then adjourned.

New Legislation

The House read and assigned the following legislation to committee today:

  • HB 268, authored by Representative Bill Werkheiser (R-Glennville), amends title 43 to enact the Occupational Therapy Licensure Compact Act. The bill would allow participating occupational therapists to operate across state lines in other states that adopt the Compact, and it authorizes the State Board of Occupational Therapy to administer the Compact. This bill was referred to the House Regulated Industries Committee.
  • HB 271, authored by Representative Bert Reeves (R-Marietta), amends Title 31 to authorize the Department of Community Health to assess one or more provider matching payments on ambulance services for the purpose of obtaining federal financial participation for Medicaid. This bill was referred to the House Health and Human Services Committee.
  • 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. The bill also amends Titles 35 and 42 to provide for the detention of individuals under the age of 18 and a uniform misdemeanor citation for certain juvenile offenses. This bill was referred to the House Juvenile Justice Committee.
  • HB 275, authored by Representative Lauren McDonald (R-Cumming), amends Titles 25 and 31 to require random drug tests for certain firefighters, emergency medical services personnel, paramedics, and cardiac technicians. The bill also provides for licensure and certification of emergency medical services personnel, paramedics, and cardiac technicians previously convicted of a felony. This bill was referred to the House Public Safety and Homeland Security Committee.
  • HB 276, authored by Representative Philip Singleton (R-Sharpsburg), amends Title 20 to prohibit schools from allowing a person whose gender is male from participating in an athletic program or activity that is designated for females. This bill was referred to the House Education Committee.
  • HB 278, authored by Representative Heath Clark (R-Warner Robins), amends Title 3 to permit small brewers and other brewers to sell a limited quantity of malt beverages at retail on the premises for consumption on and off of the premises and to eliminate the daily quantity limitation on sales by brewers directly to consumers. This bill was referred to the House Regulated Industries Committee.
  • HB 283, authored by Representative David Wilkerson (D-Powder Springs), amends Title 20 to remove the SAT score requirements from the Zell Miller Scholarship. This bill was referred to the House Ways and Means Committee.
  • HB 287, authored by Representative Bonnie Rich (R-Sugar Hill), amends Title 20 to include tobacco and vapor products in the course of instruction regarding alcohol and drugs required each year for all students in grades kindergarten through 12. This bill was referred to the House Education Committee.
  • HB 288, authored by Representative Dave Belton (R-Buckhead), amends Title 42 to provide for certain minimum periods of incarceration before parole eligibility. Specifically, individuals serving 21 to 50 years would be eligible after 7 years, 50 to 75 years after 15 years, and 75 years and over after 30 years. This bill was referred to the House Judiciary Non-Civil Committee.
  • HB 290, authored by Representative Ed Setzler (R-Acworth), amends Title 31 to prohibit hospitals and nursing homes from instituting any policy during a declared public health emergency that limits patients' abilities to be visited by designated family members or friends. The bill makes adherence to this requirement a condition precedent to obtaining or maintaining a permit to operate as a hospital or nursing home, but it does allow for facilities to impose "reasonable safety requirements." It also provides civil liability limitation for facilities for claims arising from compliance with this prohibition. This bill was referred to the House Aging and Human Relations Committee.

The Senate read and assigned the follow legislation to committee today:

  • SB 83, authored by Senator Sally Harrell (D-Atlanta), amends Title 49 to provide for a Medicaid public option program to provide healthcare coverage to individuals not eligible for Medicare, Medicaid, or the PeachCare for Kids Program. This bill was referred to the Senate Appropriations Committee.
  • SB 85, authored by Senator John Albers (R-Alpharetta), is the "Max Gruver Act" and amends Titles 16 and 20 to combat hazing in postsecondary institutions. This bill was referred to the Senate Judiciary Committee.
  • SB 86, authored by Senator Larry Walker III (R-Perry), amends Title 10 to provide for requirements for solicitations of services for corporate filings required by the Secretary of State. Specifically, the legislation seeks to distinguish third-party solicitations from official communications from the Secretary of State. This bill was referred to the Senate Agriculture and Community Affairs Committee.
  • SB 87, authored by Senator Michael Rhett (D-Marietta), is the "Senator Jack Hill Veterans' Act" and amends Title 48 to authorize Georgia taxpayers to make certain voluntary contributions through the income tax payment and refund process to aid and assist service disabled veterans through a qualified service disabled veterans benefit organization. This bill was referred to the Senate Rules Committee.
  • SB 88, authored by Senator Russ Goodman (R-Homerville), is Governor Kemp's teacher pipeline legislative package. The bill provides for a number of initiatives to recruit, retain, and mentor teachers, including: providing that the Georgia Teacher of the Year serve as an advisor ex officio to the State Board of Education; providing for a nontraditional teacher certification program for members and veterans of the United States armed forces; providing for the Professional Standards Commission to require that teacher education programs include mandatory coursework in differentiated instruction and reading fundamentals; and promoting increased student enrollment in and completion of teacher education programs offered at historically black colleges and universities in Georgia. This bill was referred to the Senate Education and Youth Committee.
  • SB 90, authored by Senator Lester Jackson (D-Savannah), amends Title 50 to create the Georgia Commission on African American History and Culture. This bill was referred to the Senate Urban Affairs Committee.
  • SR 59, authored by Senator Lindsey Tippins (R-Marietta), recognizes Barbara Truluck, school counselor at Palmer Middle School in Kennesaw, as a top five finalist for the American School Counselor Association's 2021 Counselor of the Year. The resolution was read and adopted.
  • SR 61, authored by Senator Nan Orrock (D-Atlanta), recognizes the School Social Workers Association of Georgia for its work. The resolution was read and adopted.

Rules Calendar for Legislative Day 13

The Senate is expected to consider the following measure on Monday for Legislative Day 13:

  • SB 5 — Professions and Businesses; patient protection measures for patients undergoing sedation in certain settings; provide

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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