Gold Dome Report – Legislative Day 21 2022

Nelson Mullins Riley & Scarborough LLP

Beginning the downhill slide into the second half of the 2022 Legislative Session on Monday, the Georgia State Senate spent its morning discussing the Second Amendment while the House discussed divesting any Russian assets lurking in the State’s retirement plans (it’s uncertain if there are any). The Senate Appropriations Committee also moved out its version of the amended spending plan for the remainder of FY22. But as they moved the budget forward, Senators left their own [ear]marks, including 20 percent matching funds for transportation to draw down federal funds, more funding for mental health resources, and $2,000 supplements for Georgia’s school nurses. The Amended Budget is likely to hit the Senate floor later this week.

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

In this Report:

  • Floor Action
  • Committee Reports
  • New Legislation
  • What’s Next

Floor Action

The House of Representatives took up the following measures on Monday:

  • HB 389 - Employment security; change definition of employment to include services performed by an individual for wages - POSTPONED
  • HB 1056 - Georgia Firefighters' Pension Fund; authority to make alternative investments; repeal certain restrictions - PASSED (163-0)
  • HB 1064 - Income tax; certain retirement income for military service; provide exemption - PASSED (161-0)
  • HB 1182 - Local government; disposition of property acquired for lake projects do not apply if any portion of such lake was constructed; provide provisions - PASSED (152-10)
  • HB 1219 - Georgia Board of Dentistry; revise composition - PASSED (162-0)
  • HB 1271 - Property; covenants which infringe upon owners' right to display United States and Georgia flags; prohibit - PASSED (160-0)
  • HB 1274 - State government; antisemitism; provide definition - PASSED (141-19)
  • HB 1288 - State Employees' Assurance Department; assignment of certain group term life insurance benefits; provide - PASSED (159-0)
  • HB 1294 - Property; timing of sending notice when an abandoned mobile home has been determined to be derelict; provide - PASSED (159-0)
  • HB 1308 - Insurance; allow plan sponsor to consent on behalf of an enrollee to electronic delivery of all communication - PASSED (161-0)
  • HB 1346 - Courts; clerks of superior courts; provide for construction - PASSED (162-0)


The Senate took up the following measures on Monday:

  • SB 259 - Dangerous Instrumentalities and Practices; firearms and the carrying and possession of firearms and weapons; revise various laws - PASSED (33-20)
  • SB 319 - "Georgia Constitutional Carry Act of 2021"; enact - PASSED (34-22)
  • SB 479 - Firearms by Convicted Felons and First Offender Probationers; each firearm in the possession or attempted possession of certain offenders shall be charged as a separate offense; specify - PASSED (43-9)

Committee Reports

Senate Appropriations Committee

Chairman Black Tillery (R-Vidalia) presided over a full committee meeting of Senate Appropriations. He began by outlining the Governor’s initial proposals and the House changes. He then outlined the major changes made by the Senate. These included:

  • $189.8 million for the 20% match required by the 2021 Federal Infrastructure Investment and Jobs Act. These funds will be set aside until funds are appropriated at the federal level to the states.
  • $20 million for rural downtown development grants.
  • $26 million for supplemental quality payments for skilled nursing facilities.
  • Funded Silence the Shame to support mental health and community wellness and outreach.
  • Kate’s Club for grief support for children who have lost their parents.
  • $4.1 million for school nurses pay raises to match the teacher pay increases.
  • $14.9 million total for State Park maintenance.
  • One time funds to support the Department of Agriculture in for efforts to mitigate the avian flu.
  • $4,000 pay increases for field sworn positions for Department of Juvenile Justice and Department of Corrections.
  • Increasing provider rates to enable value based purchasing in low income Peachcare for Kids and Medicaid patients.
  • $26 million for supplemental quality payments in skilled nursing facilities.
  • Sets aside funds for PeachCare mental health services for increased providers for not only Medicaid and PeachCare but also those on private insurance.
  • $5 million to support equipment and operating grants for nursing programs with waitlists to help with student capacity.

Once the documents are uploaded online, we will provide a more robust explanation of the Senate changes.

Senate Science and Technology Committee

Senate Greg Dolezal (R-Cumming) held a committee meeting to head about the Lt. Governor’s initiative, the Partnership for Inclusive Innovation (PIN).

PIN was created to push Georgia to be the number one state on the east coast of technology and to drive innovation in the state. This is a unique statewide effort. PIN has an unique partnership structure from the State of Georgia, Georgia Tech, a Board of Advisors, and the Key Partner Support. Through three pillars, economic opportunity, student engagement, and community research, PIN promotes shared innovations that drive inclusion and growth. Economic opportunity works to improve socio-economic innovations access and opportunities. Student engagement is programing that develops the next generation through programming, experiential learing, and mentorship. Community research engages the networks of researchers, community leaders, and key stakeholders to advance local initiatives and address community challenges through research.

Since it’s creation lsat year, PIN has deployed over 140 technologies, met 1400 event attendees, worked on 19 projects, and impacted 10 of the 12 economic development regions. Specifically on the Georgia coast, 960 hours of Smart Comminuty Corps have invested in the community. PIN has helped install 62 sensors to measure sea level flood rish and support Savannah.

House Judiciary Committee

Chairman Chuck Efstration (R-Dacula) called the meeting to order to discuss four bills, two were sent to the Scoggins Subcommittee for further discussion.

  • HB 1383, by Representative Mike Wilensky (D-Dunwoody), amends the Fair Employment Practices Act of 1978 under Article 2 of Chapter 19 of Title 45. This measure is requested agency legislation that aims to make procedural changes to current law regarding hearings between an employee and their employer. The bill includes procedure for when an investigation is unable to be completed within 90 days of the complaint filing. If this occurs, the administrator will be required to provide written explanation regarding the delay and must submit a status report every 60 days. Representative Barry Fleming (R-Harlem) asked a few questions on what the substantial changes were to the code. The author and the Departmental Representatives both explained this was primarily procedural and that it was in an effort to clarify and clean up the current law. The measure received a DO PASS recommendation and heads to the Rules Committee.
  • HB 1396, authored by Representative Bill Yearta (R-Sylvester), amends Chapter 32 of Title 36 to add the Georgia Municipal Court Clerks Council to statute. The Council would be comprised of staff members of Georgia’s Municipal Courts. The Council is charged to “effectuate the responsibilities conferred upon it by law, to further the improvement of the municipal courts and the administration of justice, to assist the municipal court staff throughout the state in the execution of their duties, and to promote and assist in the training of municipal court staff”. Members would benefit from trainings and increased professionalism and potential grants for certificate programs.

The Georgia Municipal Court Clerks Council was created in 2006. The President of the Council spoke on why she felt this is needed and explained it would benefit not only the staff but also Georigans as a whole. Adding the Council to statute, would allow them to apply for federal grant money and receive better educational materials. A few members asked a few clarifying questions, after which, the bill received a DO PASS recommendation and is on to the Rules Committee.

House Regulated Industries - Occupational/Professional Licensing Subcommittee

Chairman Jason Ridley (R-Chattsworth) and the members of the House Regulated Industries - Occupational/Professional Licensing Subcommittee discussed two proposals:

  • HB 972, authored by Representative Dave Belton (R-Buckhead), seeks to address licensing professionals for mental health professionals licensed under Chapter 10A of Title 43 to provide for changes on the composition of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists. A new Substitute was presented, LC 36-5201S. There are other changes concerning who may hold themselves out as being licensed to practice professional counseling, social work, or marriage and family therapy and exceptions to such. There are also revisions for licensing an “associate professional counselor” and “professional counselor” and their education and training requirements. It maintains language in O.C.G.A. 43-10A-22 so that nothing “in this article be construed to authorize persons licensed under this article to perform psychological testing as defined in Code Section 43-39-1.” No testimony from the public was permitted at today’s hearing and no action was taken by the Subcommittee on the legislation.
  • HB 884, authored by Representative Dave Belton (R-Buckhead) is another one of his pieces of legislation which he carried at the request of the Pentagon to help spouses of military personnel to obtain expedited licenses in Georgia. A new Substitute was before the Subcommittee, LC 36 5186S. This legislation proposes an expedited licensure by endorsement for military spouses in O.C.G.A. 43-1-34.1, requiring that such license be issued no later than 90 days from the date of receipt of an application. The Subcommittee voted to move this language further with a DO PASS recommendation, despite attempts by Representative Belton to move it to 30 days as has been done in 28 other states across the country. Members of the Subcommittee had concerns that some of the health profession boards meet only quarterly and many applicants move from state-to-state quickly without full examination by the board during such a short turnaround time.

Senate Education and Youth Committee

Chairman Chuck Payne (R-Dalton) called the meeting to order to hear public comment on SB 377. The author, Senator Bo Hatchet (R-Cornelia), explained the bill had a substitute but was still about divisive concepts and it would be made available. Chairman Payne continued the discussion with public testimony.

The following individuals showed support for the bill: Taylor Hawkins, Frontline Policy Action;

The following individuals expressed concerns with the bill: Andrea Young, Executive Director of the ACLU; Terry Stalker, parent of three Gwinnett County students; Jennifer Cisco, an elementary school counselor; Justin Pauly, Georgia School Boards Association; Josh Stevens, PAGE; Cecily Harsch-Kinnane, Public Education Matter; Lisa Morgan, President of the Georgia Association of Educators; Abby Fuksman, Fulton County resident; Leslie Anderson, Executive Director of Jewish Community Relations Council of Atlanta; Cindy Battles, Georgia Coalition for the People’s Agenda; Katherine Maddox, Fulton County resident; Tyler Coward, Foundation for Individual Rights in Education; and Audra Grace, licensed professional counselor.

New Legislation

The following legislation of interest has been introduced in the House:

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H.B.1433 Criminal Justice Coordinating Council; revise and update composition of advisory board GA Rep. Mandi Ballinger (R-GA-023) https://www.legis.ga.gov/legislation/62333
H.B.1435 Education; needs based financial aid program; include eligibility for students with a financial aid gap GA Rep. Charles "Chuck" Martin (R-GA-049) https://www.legis.ga.gov/legislation/62344
H.B.1436 Long-term Care Ombudsman Program; long-term care facilities post certain notice on their websites; require GA Rep. Michael Smith (D-GA-041) https://www.legis.ga.gov/legislation/62345
H.B.1437 Income tax; revise rates of taxation on income GA Rep. Shaw "Shaw" Blackmon (R-GA-146) https://www.legis.ga.gov/legislation/62346
H.B.1439 Local government; authority, procedures, identification, and status of lands relative to municipal deannexation; repeal certain provisions GA Rep. Brad Thomas (R-GA-021) https://www.legis.ga.gov/legislation/62348
H.B.1440 Employment security; change definition of employment to include services performed by an individual for wages. GA Rep. Matthew Wilson (D-GA-080) https://www.legis.ga.gov/legislation/62349
H.B.1442 Public officers and employees; contracts for healthcare coverage contain provisions that ensure laboratory services are available at in-network rates; require GA Rep. Mark Newton (R-GA-123) https://www.legis.ga.gov/legislation/62351
H.B.1449 Community Health, Department of; contract with dental care administrators to cover dental service for recipients of medical assistance; provide GA Rep. Darlene Taylor (R-GA-173) https://www.legis.ga.gov/legislation/62369
H.B.1450 Georgia Safe Outdoor Dog Act; enact GA Rep. Bonnie Rich (R-GA-097) https://www.legis.ga.gov/legislation/62370
H.B.1453 Crimes and offenses; access to medical cannabis; revise provisions GA Rep. Sharon Cooper (R-GA-043) https://www.legis.ga.gov/legislation/62373
H.B.1456 Zadok's Call; enact Act GA Rep. Renitta Shannon (D-GA-084) https://www.legis.ga.gov/legislation/62376
H.B.1457 Labor and industrial relations; employees to maintain same pay and benefits when their attendance is required for jury duty; provide GA Rep. Spencer Frye (D-GA-118) https://www.legis.ga.gov/legislation/62377
H.B.1458 Buildings and housing; prohibit discrimination based on age, creed, disability, gender identity, sexual orientation, and source of income GA Rep. Spencer Frye (D-GA-118) https://www.legis.ga.gov/legislation/62378
H.B.1461 Local government; annexation of territory; revise provisions relating to dispute resolution GA Rep. Victor Anderson (R-GA-010) https://www.legis.ga.gov/legislation/62382
H.R.842 General Assembly; establish standard salary for Senators and Representatives equal to 60 percent of median household income - CA GA Rep. Wesley "Wes" Cantrell (R-GA-022) https://www.legis.ga.gov/legislation/62335
H.R.843 Health, Department of; work with Department of Community Health to enhance HIV prevention for Medicaid beneficiaries GA Rep. Kim Schofield (D-GA-060) https://www.legis.ga.gov/legislation/62336
H.R.845 General Assembly; members of county governing authorities elected from single-member districts shall represent no more than 50,000 residents; provide - CA GA Rep. Darlene Taylor (R-GA-173) https://www.legis.ga.gov/legislation/62384
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The following legislation of interest has been introduced in the Senate:

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S.B.557 Public Assistance; self-sufficiency through a state-wide work requirement for able-bodied, covered individuals under the federal Supplemental Nutrition Assistance Program; increase GA Sen. Bruce Thompson (R-GA-014) https://www.legis.ga.gov/legislation/62354
S.B.563 "Quality Basic Education Act"; a campus program to support military students and their families; provide GA Sen. Nikki Merritt (D-GA-009) https://www.legis.ga.gov/legislation/62408
S.B.565 Sentence and Punishment; any time after conviction; defendant convicted of an offense and sentenced as a direct result of being a victim of trafficking for labor or sexual servitude may petition the sentencing court to grant the relief of vacatur; provide GA Sen. Brian "Brian" Strickland (R-GA-017) https://www.legis.ga.gov/legislation/62411
S.R.564 Senate Rules; amend GA Sen. Sheikh "Chad" Rahman (D-GA-005) https://www.legis.ga.gov/legislation/62338
S.R.567 Smyre, Representative Calvin; United States ambassador to the Dominican Republic; recognize GA Sen. Sheikh "Chad" Rahman (D-GA-005) https://www.legis.ga.gov/legislation/62353
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What’s Next

The General Assembly will reconvene for Legislative Day 22 on Tuesday, March 1 at 10AM.

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

  • HB 974 - Property; deeds; require electronic filing
  • HB 1009 - Motor vehicles; use of personal delivery devices to transport cargo; authorize
  • HB 1188 - Criminal procedure; each act of child molestation charged as a separate offense; provide
  • HB 1194 - Motor vehicles; federal regulations regarding safe operation of commercial motor vehicles and carriers; update reference date
  • HB 1292 - Education; prohibit students who participate in 4-H sponsored activities or programs from being counted as absent from school
  • HB 1302 - Income tax; one-time tax credit for taxpayers who filed returns for both 2020 and 2021 taxable years; provide
  • HB 1303 - Education; transition a pilot program for elementary agricultural education to an ongoing program
  • HR 732 - local government; date temporary loans are payable from end of calendar year to fiscal year; change - CA

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

  • SB 337 - Public Officers; suspension of compensation because of indictment for a felony; provide
  • SB 456 - Health; requirements relating to the use of abortion-inducing drugs; provide
  • SB 496 - Death Investigations; medical examiner's inquiry when a pregnant female dies and an inquest; require
  • SB 500 - Commerce; a litigation bar on governmental entities regarding certain statewide opioid litigation; provide
  • SB 511 - County Boards of Equalization; handling of appeals of property tax assessments; revise certain deadlines
  • SB 514 - "Unmask Georgia Students Act"; enact
  • HB 1361 - Civil practice; Attorney General is to be served and heard in defense of all Acts of the General Assembly when challenged in any court action; clarify

 

 

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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