Gold Dome Report — Legislative Day 14

Nelson Mullins Riley & Scarborough LLP

Legislative Day 14 was a bit like Christmas for lawmakers and lobbyists under the Gold Dome. Everyone got something — a Senate vote on the Amended FY21 Budget (which now proceeds to the House for reconciliation), a House vote on the extension of COVID-19 business liability protections (detailed below), and an adjournment resolution taking the General Assembly through Legislative Day 25 (something on every lobbyist’s wish list). And, as a bonus, Governor Kemp swept in this afternoon with the gift of the day: January tax revenue figures showing a 7.5% year-over-year increase. Not bad for a Tuesday.

As noted above, perhaps the biggest legislative action of the day was the House vote on HB 112, which would extend the COVID-19 business liability protections that were passed in June until July 14, 2022. While Democrats argued that the legislation did not protect Georgia workers, the measure garnered enough steam to pass the House with a vote of 99-68. Representative Matthew Wilson (D-Atlanta) led the minority caucus’s opposition to the proposal, reciting that the underlying legislation established a liability shield which was created during a time of “great uncertainty.” SB 359 purported to create a legal framework for Georgians to behave appropriately, but Representative Wilson argued that, as demonstrated by the facts there had been no wave of lawsuits or single successful recovery of damages, SB 359 in fact created de facto blanket immunity. The legislation now moves to the Senate.

More details on today’s action in this #GoldDomeReport.

In today’s Report:

  • General Assembly Sets Schedule through Legislative Day 25
  • Committee Reports
  • New Legislation
  • Rules Calendar for Legislative Day 15

General Assembly Sets Schedule through Legislative Day 25

Earlier today, the House and Senate signed off on an adjournment resolution setting its schedule through Legislation Day 25. The schedule is as follows:

Tuesday, February 9

Legislative Day 14

Wednesday, February 10

Legislative Day 15

Thursday, February 11

Legislative Day 16

Friday, February 12

In adjournment

   

Monday, February 15

In adjournment

Tuesday, February 16

Legislative Day 17

Wednesday, February 17

Legislative Day 18

Thursday, February 18

Legislative Day 19

Friday, February 19

In adjournment

   

Monday, February 22

Legislative Day 20

Tuesday, February 23

Legislative Day 21

Wednesday, February 24

Legislative Day 22

Thursday, February 25

Legislative Day 23

Friday, February 26

Legislative Day 24

   

Monday, March 1

Legislative Day 25

Committee Reports

House Insurance Committee — Property and Casualty Subcommittee
Chairman Steve Tarvin (R-Chickamauga) and members of the Property and Casualty Subcommittee took action on some legislation this morning:

  • HB 241, authored by Representative Matthew Gambill (R-Cartersville), seeks to amend O.C.G.A. 33-7-6, relating to property insurance, contract requirements, rules and regulations, and exemptions, so as to revise the meaning of property insurance and also to change the parameters under which certain contracts, agreements, or instruments may be canceled. The legislation attempts to streamline service contracts like statutes are done in 49 other states and the District of Columbia and provide for the opportunity for cancellation of those contract with a refund permitted to unused premiums. The legislation received a DO PASS recommendation, moving the bill to the House Rules Committee.
  • HB 254, authored by Representative Eddie Lumsden (R-Armuchee), seeks to amend Chapter 23 of Title 33 regarding licensing of agents, agencies, subagents, counselors, and adjusters, so as to increase the Insurance Commissioner's enforcement authority with regard to adjusters; to provide for allowable types of remuneration; to provide for proof of financial responsibility; to provide for record keeping; to provide for certain consumer protections; to provide for advertising requirements; and to provide for certain prohibited acts.The legislation was brought at the request of the Department of Insurance to address “public adjusters” and their practices. A substitute was presented at this hearing, LC 46 0404S. The legislation in part is to allow DOI the authority to adopt rules and regulations to implement; require public adjusters to hold licenses; require contracts approved by the DOI; ban public adjusters from working multiple capacities; provide an outline of fees to be charged; ban contracts in certain instances; and provide reasons for denial of licenses. It was explained that this legislation is needed due to instances of fraud which occur. There was testimony presented both in favor and in opposition to the legislation. The bill received a DO PASS recommendation as presente, moving the legislation to the House Rules Committee.

House Education Committee — Academic Innovation Subcommittee
The Academic Innovation Subcommittee of the House Education Committee, chaired by Representative Todd Jones (R-South Forsyth), met to hear one bill today:

  • HB 32, authored by Representative Dave Belton (R-Buckhead), amends O.C.G.A. 20-2-251 to require the State Board of Education to create a teacher recruitment and retention program by providing a refundable tax credit of $3,000 per qualifying teacher per year, for up to five school years. The department must pick no more than 100 schools from the list of qualifying schools to become a part of the program. The Office of Student Achievement is required to create program objectives and annually measure and evaluate the program. The program is limited to 1,000 teachers statewide. No new applications to the program can be accepted after December 31, 2031.

Representative Belton presented the bill to the Subcommittee, noting that 46 states have some kind of program similar to the one his bill proposes. Representative Matt Dubnik (R-Gainesville) noted that this is a five-year credit for teachers and asked what would happen if a teacher leaves before completing five years. Representative Belton noted that teachers can continue participating if involuntarily transferred to another school in the same district, but voluntary transfer to a non-qualifying school would result in ineligibility for the program. One member asked if a fiscal note had been secured, to which Representative Belton noted the cost is defined in the bill as $3 million per year. Representative Ed Setzler (R-Acworth) asked what would happen if a qualifying school improved during a teacher’s five-year period, to which Representative Belton noted that the teacher would remain eligible for the credit. Chairman Jones asked when the program would sunset, to which Representative Belton stated the last applications would be taken in 2031.

Josh Stephens of the Professional Association of Georgia Educators spoke in favor of the bill. Chairman Jones asked Mr. Stephens about professional development for teachers in hybrid and digital learning environments, to which Mr. Stephens explained that PAGE is providing some professional learning opportunities for teachers in this realm.

The Subcommittee recommended the bill DO PASS and be sent to the full House Education Committee.

House Education Committee — Academic Support Subcommittee 
The Academic Support Subcommittee of the House Education Committee, chaired by Representative Will Wade (R-Dawsonville), met to consider two bills today:

  • 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.

Representative Rich presented the bill to the Subcommittee, noting that it is a follow-up to her legislation last year regarding vaping. Representative Matt Dubnik (R-Gainesville) asked how the instruction would be delivered across grade levels, to which Representative Rich responded that the actual presentation of content would be determined at the local school board level. She also explained that there are existing curricula from the CDC and nonprofit agencies that schools can implement.

Fay Fulton of the Georgia Academy of Family Physicians spoke in favor of the legislation and highlighted some of the curriculum that is available for free.

The Subcommittee recommended the bill DO PASS and be sent to the full House Education 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.

Representative Singleton presented the bill to the Subcommittee, explaining that it “levels the playing field” for women by restricting participation in girls sports to biological girls and providing a civil cause of action against schools that violate the restriction. Representative Bee Nguyen (D-Atlanta) expressed concern that the legislation does not protect transgender girls and violates Title IV and could threaten federal funding to Georgia schools. Representative Nguyen also asked how gender will be proven, to which Representative Singleton said the student will be able to present a birth certificate. Representative Singleton also reiterated that his bill is about protecting girls sports, not about transgender students. Representative Matthew Wilson (D-Brookhaven) asked if the LGBTQ community has been consulted regarding the potential impact of this bill, to which Representative Singleton said yes. Representative Todd Jones (R-South Forsyth) asked if the bill would preclude any student’s participation in club sports, to which Representative Singleton said no. Representative Becky Evans (D-Atlanta) asked how many Georgians have been impacted by male participation in female sports, to which Representative Singleton responded that the legislature need not wait until someone is harmed to legislate. Representative Matt Dubnik (R-Gainesville) asked about the impact of the legislation on private schools and colleges and universities.

Robin Hines of the Georgia High School Association spoke to the bill, stating that GHSA “does not want to discriminate against anybody” but also must seek to create a level playing field. He noted that GHSA currently looks to local schools for the gender of athletes. According to Mr. Hines, GHSA has not taken a position on the bill to date.

Several members of the public spoke in opposition to the legislation, including a former athlete who is trangender, two parents of transgender athletes, a representative of Georgia Equality, a representative of the Georgia Chapter of the American Foundation for Suicide Prevention, and a representative of the Out Georgia Business Alliance.

Several members of the public also spoke in favor of the legislation, including Mike Griffin of the Georgia Baptist Mission Board, Virginia Galloway of the Faith and Freedom Coalition, Cole Muzio of the Family Policy Alliance of Georgia, and Representative Sherri Gilligan (R-Cumming).

At the close of testimony, Chairman Wade noted that he wanted to work with the author on the bill before its advances. The Subcommittee took no action on the bill.

House Health and Human Services Committee
Chairman Sharon Cooper (R-Marietta) and the House Health and Human Services Committee met this afternoon. The Committee adopted its rules for this biennium with a quorum for action remaining at 11 members. The Committee did adopt a new rule relating to use of technology for its meetings. Chairman Cooper also acknowledged the newest member of the Committee, Representative Matt Barton (R-Calhoun).

Alan Myers and his team, with Quest Diagnostics, gave an update to the Committee on work by Quest with COVID-19 and its testing.

The Committee took up the following pieces of legislation:

  • HB 128, authored by Representative Rick Williams (R-Milledgeville), seeks to amend O.C.G.A. § 31-1-24 to prohibit health care providers from discriminating against a potential organ transplant recipient due solely to the recipient's physical or mental disability. This legislation was also brought in 2020 but was caught in the pandemic issues late in the session. The legislation will enact “Gracie’s Law” and protect vulnerable children from discrimination according to Representative Williams. David Tatum, with Children’s Healthcare of Atlanta, rose in support of the legislation, noting that CHOA does all of the heart and liver transplants in children and most of the kidney transplants. The Committee gave this legislation a DO PASS recommendation, moving it to the House Rules Committee.
  • HB 163, authored by Representative Sharon Cooper (R-Marietta), seeks to amend O.C.G.A. § 49-4-159.1 to direct the Department of Community Health to submit a state plan amendment to implement express lane enrollment in Medicaid. Chairman Cooper indicated that these children are already eligible for SNAP (food stamps) and will likely be eligible for Medicaid or PeachCare for Kids. This proposal eliminates the duplication of requiring to submit two applications and requests that Georgia seek a Medicaid State Plan Amendment to use data from other federal programs so that children may become eligible. DFCS Director Tom Rawlings spoke in favor of the legislation noting that approximately 125,000 children are on food stamps now and that perhaps half of those would benefit with this process. Sometimes, according to Rawlings, parents are unaware of other programs available to them. This express process will benefit children and provide more access to preventive care and could possibly lessen the number of children ending up in foster care as they will be able to get assistance for their physical and mental health needs. A number of individuals spoke in favor of the legislation including David Crooke (Care Partners), a mental health services provider; Laura Colbert (Georgians for Healthy Future); Jazmine Boucard (Children’s Healthcare of Atlanta); Callan Wells (GEEARS); Polly McKinney (VOICES for Georgia’s Children); and Betsy Bates (Georgia Chapter of American Academy of Pediatrics).The legislation received a DO PASS recommendation, moving now to House Rules Committee.
  • HB 146, authored by Representative Houston Gaines (R-Athens), seeks to amend O.C.G.A. § 45-20-17 to provide for paid parental leave for state employees including any full-time employee of the executive, legislative, and judicial branch or local board of election. The employee is given a total of 120 hours of paid parental leave per year. Each employing entity is required to create its own rules for the administration of the paid parental leave. Employees are required to work continuously for six months before becoming eligible for parental leave. This legislation was also brought in 2020 but caught in the last moments of the session. A number of questions were raised as to why the legislation only addresses three weeks rather than some longer period of time, such as six weeks which is what the American College of OB/GYNs recommend. Representative Billy Mitchell (D-Stone Mountain) noted that South Carolina was presently debating a similar bill but it contained 12 weeks of such leave. Representative Shelly Hutchinson (R-Snellville) asked about the impact for foster parents as some are transitional; Representative Gaines responded that it would allow foster parents to access one time during a 365-day period. The legislation received a DO PASS recommendation, moving now to the House Rules Committee.
  • HB 93, authored by Representative Sharon Cooper (R-Marietta), seeks to amend O.C.G.A. § 31-22-1 et seq. to repeal the state's regulations of clinical laboratories and instead requiring all clinical laboratories in the state to meet the certification requirements set forth in the federal Clinical Laboratory Improvement Amendments of 1988.This legislation was brought at the request of the Department of Community Health. This legislation would eliminate state licensure requirement but would retain certification for enforcement purposes. Labs will still be required to report infectious diseases as they currently are required to do. 28 states have this federal licensure without state licensing and Florida eliminated its state licensing requirement as recent as 2018. Representative Mark Newton (R-Augusta) asked about the language contained in the legislation in Section 4 regarding testing performed at pharmacies and the reporting of those results to a physician and in particular how liability was to be addressed. Greg Reybold, counsel for the Georgia Pharmacy Association, spoke to Representative Newton’s question noting that they were trying to add protections for physicians and preserve pharmacists ability to administer and interpret in-home use tests. An amendment was made to strike the language Representative Newton questioned in lines 461-465; the bill received a DO PASS recommendation as amended, moving now to the House Rules Committee.

House Motor Vehicles Committee
The House Motor Vehicles Committee, chaired by Representative John Corbett (R-Lake Park), met to consider five bills today:

  • HB 169, authored by Representative John Corbett (R-Lake Park), amends Title 40 to permit the commercial drivers learners permit to last for 365 days and to increase the training hours consistent with new federal statutes. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
  • HB 200, authored by Representative Alan Powell (R-Hartwell), exempts three wheel vehicles from the safety helmet requirement for motorcycles. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
  • HB 207, authored by Representative John Corbett (R-Lake Park), amends Title 40 to permit electronic filing with the Department of Revenue sales documents relating to a wide range of new and used vehicles and of vehicles for scrap metal. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
  • HB 210, authored by Representative John Corbett (R-Lake Park), amends Title 40 to allow the Department of Revenue to exempt inclusion of odometer readings from the sales documents of commercial vehicles with the gross vehicle weights weights greater than 16,000 pounds for vehicles older than 10 years and all vehicles above that weight older that 20 years. These changes conform to new federal highway regulations. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
  • HB 246, authored by Representative Sam Watson (R-Moultrie), amends Title 40 to increase the fee for issuance of replacement licenses and permits. The bill was requested by the Department of Driver Services to increase the cost of replacement licenses from $5 to $10 and to raise the fees for limited permit licenses from $10 to $32 for drivers who had been convicted of DUIs or multiple violations. The sponsor of the bill explained that these fees bring the new proposed rights closer to actual cost. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Judiciary Committee — Scoggins Subcommittee
The Scoggins Subcommittee of the House Judiciary Committee, chaired by Representative Mitchell Scoggins (R-Cartersville), met to consider three bills today:

  • HB 138, authored by Representative Mesha Mainor (D-Atlanta), amends Title 44 to provide that certain landlords shall provide certain notices to existing and prospective tenants with regard to certain crimes occurring on the premises being leased. The bill had extensive discussion and the apartment owners association spoke against it. The Subcommittee took no action on the bill.
  • HB 183, authored by Representative Marvin Lim (D-Norcross), amends O.C.G.A. 10-1-393.13 to allow claims of violations of the Fair Businesses Practices Act to be brought in a representative capacity. The Subcommittee recommended the bill DO PASS and be sent to the full House Judiciary Committee.
  • HB 212, authored by Representative Kasey Carpenter (R-Dalton), seeks to amend O.C.G.A. § 31-39-4(d) regarding parental for resuscitation of a child. It proposes to add that: When a minor child is a candidate for nonresuscitation, an order not to resuscitate may be issued only with the oral or written consent of the minor’s parent, unless an exception applies pursuant to subsection (e) of this Code section.” The Subcommittee recommended the bill DO PASS and be sent to the full House Judiciary Committee.

Senate Higher Education Committee
Chairman Lindsey Tippins (R-Marietta) and his Higher Education Committee met today to discuss the following proposals. Only one of the bills received any action; the remaining bills were only heard by the Committee.

  • SB 81, authored by Senator Jeff Mullis (R-Chickamauga), SB 81, seeks to amend Title 20 to change the name of the Office of College and Career Transitions to the Office of College and Career Academies. The bill also proposes to require TCSG to collaborate with the Workforce Development Board and Department of Economic Development in recruiting and expanding industries in the state. There is a certification process and it also requires there be proof of skill attainment. Lt. Governor Duncan’s staff spoke to the bill’s merits and supports the initiative as it can assist Georgia to become the technology capital of the east coast. The Committee gave the legislation a DO PASS recommendation and it now moves to the Senate Rules Committee.
  • SB 97, authored by Senator Lester Jackson (D-Savannah), seeks to amend O.C.G.A. 20-3-66(e) so as to codify the university system policy of out-of-state tuition differential waivers (for academic, athletic and international) and to require that a certain percentage of such waivers be allowed for historically black colleges and universities in Georgia (Savannah State, Ft. Valley State and Albany State). Senator Jackson explained that passing this legislation would allow for a more competitive edge to be provided to students in other states to come to Georgia. There were questions regarding any financial impact on the legislation. Senator Jackson indicated he would bring forward the college presidents to speak to the legislation at the next meeting and find more data on enrollment numbers of students who are from out-of-state.
  • SB 7, authored by Senator Brandon Beach (R-Alphretta), seeks amend Part 2 of Article 2 of Chapter 3 of Title 20, relating to the University System of Georgia, so as to provide that designated research universities shall ensure that at least 90% of early action admissions are offered to Georgia resident students. Senator Beach argued in his presentation that many of Georgia’s students who have the high SAT/ACT scores and 4.0 GPAs are not being admitted to Georgia State University, Augusta University, University of Georgia or Georgia Tech and instead are going to schools out-of-state. His goal is to keep these students in Georgia. Senator Max Burns inquired about the actual costs used to support these efforts and Senator Billy Hickman asked what impacts might occur to smaller Board of Regents schools and how they might be fiscally impacted if this legislation were passed. No answers to these questions were provided at the hearing.
  • SR 36, authored by Senator Brandon Beach (R-Alpharetta), seeks an amendment to the Constitution so as to provide that members of the Board of Regents of the University System of Georgia chosen from each congressional district of the state shall be elected by members of the General Assembly and at-large members of the board of regents shall be appointed by the Governor. Senator Beach argued that the current system, where members of the Board of Regents report to the Governor, has no oversight by the General Assembly - in particular what college presidents are paid. Senator Max Burns urged that caution be used in making such a change as the Regents were created to make them more independent; he acknowledged that perhaps there was a communication problem between the Board of Regents and the General Assembly and that could be addressed. Senator Chuck Hufstetler (R-Rome) noted that Georgia has two universities in the Top 15 in the country and he did not want the General Assembly to undertake actions which might be detrimental to those rankings. The Board of Regents has been in existence since 1942.

Senate Insurance and Labor Committee
The Senate Insurance and Labor Committee, chaired by Senator Dean Burke (R-Bainbridge), met today to consider a single measure.

  • SB 43, authored by Senator Matt Brass (R-Newnan), amends O.C.G.A. § 33-6-4 to prohibit insurance plans with eye care benefits from requiring optometrists to provide discounts for non-covered eye care treatment for patients within the insurer's plan. Sen. Brass explained that the committee substitute covers both optometrists and ophthalmologists who are both supportive of the measure.

Aubrey Villenes of the Georgia Optometric Association spoke in favor of the bill.

The committee moved that the bill DO PASS.

Senate Health and Human Services Committee
The Senate Health and Human Services Committee, chaired by Senator Ben Watson (R-Savannah), met this afternoon to consider one bill.

  • SB 46, authored by Senator Dean Burke (R-Bainbridge), amends various Code sections in Title 31 to grant the ability to administer vaccines to EMS workers. The expanded allowance applies only to vaccines for illnesses for which there are declared public health emergencies. Additionally, the bill removes the exemption for children under 18 to register with the statewide vaccination registry for vaccinations administered as a result of a declared public health emergency.

Sen. Burke presented a substitute to the committee. He explained the bill was brought to him by the Department of Public Health. He characterized the bill as a cleanup bill to modernize the law. The bill also contains language specific to COVID-19. The bill also clarifies that any third parties (in this case the CDC) must follow privacy laws. Sen. Burke discussed the bill’s requirement for all recipients of COVID-19 vaccines to be enrolled in the state’s GRITS system. There is also language for mass vaccination sites to waive the requirement to check the vaccine registry before administering a dose.

The committee heard testimony form a range of individuals.

  • Greg Reybold from the Georgia Pharmacy Association spoke in support of the bill. Sen. Bill Cowsert (R-Athens) explained that he has been getting many emails with concerns that pharmacists and nurses will be held liable for adverse vaccine reactions. Mr. Reybold explained that the federal PREP Act provides many protections for these situations.
  • Cindy Shepherd from the Georgia Nurses Association spoke in support of the bill.
  • Tia Severino spoke about her concerns of vaccine injury. She hoped the bill would include a longer waiting period after vaccinations are given.
  • Skin Edge spoke in support of the bill on behalf of CVS Health. He also provided the committee with an overview of CVS’s vaccination efforts across the state.
  • Thomas Beusse, executive director of the Georgia Retailers, spoke in favor of the bill. His organization represents the majority of chain drug stores in the state.
  • Anna Adams spoke in favor of the bill on behalf of the Georgia Hospital Association.
  • Bethany Sherrer of the Medical Association of Georgia spoke in support of the bill.
  • Becky Ryles of the Association of Community Health Center spoke in support of the bill.

Sen. Cowsert asked why the provision about vaccinating children is being removed. Megan Andrews from DPH explained that this section was moved into the definition section of the bill. Sen. Cowsert also asked if this bill only applies to a period of health emergency. Ms. Andrews explained that the bill is not just related to the state of emergency and also has language to protect the state once the emergency ends.

Sen. Greg Dolezal (R-Cumming) asked why enrollment exceptions are typically allowed but not during a public health emergency. Ms. Andrews explained that in a public health emergency the state sends data to the federal government in order to receive vaccine doses.

The bill received a recommendation DO PASS.

New Legislation

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

  • HB 327, authored by Representative Martin Momtahan (R-Dallas), amends Title 10 and Title 16 to provide for new record keeping and reporting requirements for merchants that sell stored value cards. The bill also requires online marketplaces to maintain information on the specific sellers operating on their site including bank and contact information. The bill also creates a new criminal offense of organized retail theft. This bill was referred to the House Judiciary Non-Civil Committee.
  • HB 329, authored by Representative Regina Lewis-Ward (D-McDonough), amends Title 20 to suspend school climate ratings for the 2020-21 school year. This bill was referred to the House Education Committee.
  • HB 330, authored by Representative Bill Werkheiser (R-Glennville), amends Title 40 to waive the entirety of the driver's license reinstatement fee upon the filing of a pauper's affidavit. Current law lowers the fee to 50% the normal fee. This bill was referred to the House Motor Vehicles Committee.
  • HB 332, authored by Representative Dar'Shun Kendrick (D-Lithonia), amends Title 13 to require employers to inform prospective employees of any non-compete clauses no less than seven days prior to the signing of employment documents. The bill also prohibits non-compete clauses for any employee that does not make more than $17 per hour or $35,360.00 annually, is an unpaid intern, or does not have access to trade secrets during the course of their employment. This bill was referred to the House Industry and Labor Committee.
  • HB 333, authored by Representative Chuck Efstration (R-Dacula), amends Title 21 to revise campaign finance laws in the state. The bill specifically allows staff attorneys of the Georgia Government Transparency and Campaign Finance Commission to initiate investigations. The bill also moves the administrative attachment of the commission from the Secretary of State to the State Accounting Office. The bill contains language to require the keeping of campaign finance records for candidates, delineated by the type of office sought. This bill was referred to the House Judiciary Committee.
  • HB 334, authored by Representative Joseph Gullett (R-Dallas), amends multiple Titles to provide for remote notarization in the state. This bill was referred to the House Judiciary Committee.
  • HB 335, authored by Representative Gregg Kennard (D-Lawrenceville), amends Titles 17 and 24 to prohibit a sentencing of probation longer than a period of 24 months. This bill was referred to the House Judiciary Non-Civil Committee.
  • HB 336, authored by Representative John Corbett (R-Lake Park), amends Title 2 to bring the state's hemp farming laws in line with federal law. Changes include rewording the background check language for licensee applicants. This bill was referred to the House Agriculture and Consumer Affairs Committee.
  • HB 339, authored by Representative Karla Drenner (D-Avondale Estates), amends Title 12 to create a state Environmental Justice Commission. The commission will consist of 22 members. The commission will issue a report on facilities designated by the commission to be evaluated based on a list of metrics included adherence to regulations, past inspection requirements, and equitable employment for persons of color. The commission is also permitted to intervene in state agency proceedings on matters related to environmental justice for peoples of color. This bill was referred to the House Natural Resources and Environment Committee.
  • HB 344, authored by Representative Josh McLaurin (D-Sandy Springs), amends Title 44 to provide that covenants within the Code section not be construed to be the same as a common-law covenant of quiet enjoyment between a landlord and tenant. This bill was referred to the House Judiciary Committee.
  • HB 346, authored by Representative Dominic LaRiccia (R-Douglas), amends Title 31 to authorize emergency medical services personnel to provide hydrocortisone sodium succinate intramuscularly to a patient that has congenital adrenal hyperplasia, is in adrenal crisis, has hydrocortisone sodium succinate on their person in packaging that clearly displays the correct dosage.
  • HB 347, authored by Representative Joseph Gullett (R-Dallas), amends O.C.G.A. § 42-1-19 to require risk assessments for all considerations of release from the state sexual offender registry. This bill was referred to the House Public Safety and Homeland Security Committee.
  • HB 349, authored by Representative Donna McLeod (R-Lawrenceville), amends Title 15 to revise the state's juvenile code. Changes include adding putative father and caregivers to various areas in the code. The bill also refines the timeline for a child to be returned to their parent or caregiver's custody depending on the timing of hearings and foster care placement. The bill also has requirements that courts provide attorneys to act as guardian ad litem at the earliest possible stage of any proceedings. This bill was referred to the House Juvenile Justice Committee.
  • HB 352, authored by Representative Martin Momtahan (R-Dallas), amends Title 48 to require that all property ad valorem tax bills include the amounts of assessments levied for each of the three immediately preceding tax years. The bill also adjusts homestead exemptions to not include any improvements made after January 1 of the base year. The bill also provides for public election of county tax appraisers to serve terms of four years. This bill was referred to the House Ways and Means Committee.
  • HB 355, authored by Representative Marcus Wiedower (R-Watkinsville), amends Title 12 to include building products in construction in the Georgia Carbon Sequestration Registry. This bill was referred to the House Natural resources and Environment.
  • HB 356, authored by Representative Kim Schofield (D-Atlanta), amends O.C.G.A. § 34-1-2 to prohibit age discrimination in employment. The bill also expands the definition of age discrimination to cover all individuals over the age of 40. This bill was referred to the House Industry and Labor Committee.
  • HB 358, authored by Representative Ed Setzler (R-Acworth), amends Title 38 to require that any declared state of emergency may not be renewed other than through a concurring resolution of the general assembly of not longer than 90-day periods. This bill was referred to the House Judiciary Committee.
  • HR 105, authored by Representative John Corbett (R-Lake Park), recognizes February 23, 2021 as Dyslexia Day at the state capitol. This resolution was read and adopted.
  • HR 113, authored by Representative Houston Gaines (R-Athens) recognizes Family and Consumer Sciences. This resolution was read and adopted.
  • HR 117, authored by representative William Boddie (D-East Point), creates the House Study Committee on Homeowners' Associations, Condominium Owners' Associations, and Property Owners in Community Associations.

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

  • SB 104, authored by Senator Donzella James (D-Atlanta), amends Title 12 to prohibit the distribution of certain bags made of plastic film and items made of polystyrene foam from being used by retail establishments. Each distribution of a bag in violation of this provision constitutes a separate offense. This bill was referred to the Senate Natural Resources and the Environment Committee.
  • SB 105, authored by Senator Brian Strickland (R-McDonough), amends Titles 17 and 42 to provide for a unified process by which felony probationers may seek early termination of probation following good behavior. Specifically, the legislation provides for a judicial pathway by which such individuals without arrests, at least 24 months without a probation revocation, and no outstanding restitution can petition a court for early termination. The bill also creates a uniform court standard for the grant of such relief: the best interest of justice and the welfare of community. The bill was assigned to the Senate Judiciary Committee.
  • SB 106, authored by Senator Gail Davenport (D-Jonesboro), amends Title 20 to require that wraparound services must be provided prior to the expulsion of assigning of out-of-school suspension to any student in grades preschool through grade three. This bill was referred to the Senate Education and Youth Committee.
  • SB 107, authored by Senator Brian Strickland (R-McDonough), amends Title 20 to require that any tuition and fees in the University System of Georgia and Technical College System of Georgia be waived for foster children. Students qualify for this waiver if their family receives state funded adoption assistance, they are currently committed to DFCS, they are participating in DFCS's independent living program, was adopted and but remained in the care of DFCS following their fourteenth birthday (students still qualify if their adoption placement placed them outside the state). Students must be enrolled in an undergraduate degree program within three years of receiving their high school diploma. The bill also requires DFCS to advertise this program to ensure all foster children and foster parents understand their eligibility. This bill was referred to the Senate Higher Education Committee.
  • SB 108, authored by Senator Gail Davenport (D-Jonesboro), creates the Commission for the Blind and the Visually Impaired. The bill also transfers the direction and supervision of Georgia Industries for the Blind from the Georgia Vocational Rehabilitation Agency to the Commission, as well as a number of other entities and services related to the blind. This bill was referred to the Senate Government Oversight Committee.
  • SB 110, authored by Senator Sally Harrell (D-Atlanta), amends Title 20 to prohibit the assigning of graded homework to students in grades kindergarten through two. This bill was referred to the Senate Education and Youth Committee.
  • SB 111, authored by Senator Lester Jackson (D-Savannah), amends Titles 31 and 43 to provide for the licensure and regulation of community midwives. This bill was referred to the Senate Health and Human Services Committee.
  • SR 81, authored by Senator Frank Ginn (R-Danielsville), recognizes Family and Consumer Sciences. This resolution was read and adopted.

Rules Calendars for Legislative Day 15

The House is expected to consider the following measures on Wednesday for Legislative Day 15:

  • HB 97 — Courts; oath for certain clerks of the probate court; require and provide
  • HB 106 — Georgia State Indemnification Fund; replace the term National Guard with the term organized militia
  • HB 134 — State government; meetings relating to cybersecurity contracting and planning from open meeting requirements; exclude
  • HB 153 — Fair Business Practices Act of 1975; solicitations of services for corporate filings required by the Secretary of State; provide for requirements

The Senate is expected to consider the following measures on Wednesday for Legislative Day 15:

  • SB 44 — Special License Plates; honoring Support Our Troops, Inc.; establish
  • SB 60 — Georgia State Indemnification Fund; shall be paid in instances of a heart attack, stroke; public safety officer; revise

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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