The Georgia House went into extra innings on Friday as it worked to send as many measures as possible to the Senate on “Crossover Eve.” Next week’s deadline for legislation to cross to the opposite chamber loomed large with the House setting three Rules Calendars and continuing work even as this Report goes live. But all the work ahead of the chamber did not stop legislators from pausing this morning and recognizing the 2021 World Champion Atlanta Braves, who were represented by the Commissioner’s Trophy on the rostrum as players and team personnel scrambled to get on with their delayed spring training. The hope of baseball season (and the end of the legislative session) buoyed spirits throughout the building.

Both the House and Senate took up spending plans, with the upper chamber giving final approval to the Amended FY22 Budget and the House passing its version of the FY23 Budget. Details on the “big budget”, and an overview of other legislation passed heading into the weekend in this #GoldDomeReport.

In this Report:

• House Approves FY23 Budget
• Floor Action
• Committee Reports
• New Legislation
• What’s Next

House Approves FY23 Budget

The Georgia House of Representatives fulfilled its only constitutional duty on Friday afternoon, passing out its version of the FY23 State Budget. After a comprehensive review of the changes by retiring Appropriations Chairman Terry England (R-Auburn), the House voted 155-3 to send the spending plan to the Senate for further consideration. The entire proposal can be found here, and selected excerpts from the budget are below:

Floor Action

The House of Representatives took up the following measures on Friday as of our publication deadline:

• HB 689 - Georgia Crime Information Center; persons who are victims of an offense of trafficking may petition the clerk of court to have sealed certain criminal history record information; provide - PASSED (159-0)
• HB 725 - Council on American Indian Concerns; revise membership - PASSED (156-0)
• HB 895 - Criminal procedure; restrictions of the disclosure of personal information of nonsworn employees; provisions - PASSED (156-0)
• HB 911 - General appropriations; State Fiscal Year July 1, 2022 - June 30, 2023 - PASSED (155-3)
• HB 934 - Sales and use tax; special district mass transportation; local government; provisions - PASSED (150-8)
• HB 1004 - Education; unified campus police forces through agreements entered into by colleges and universities; provide for establishment - PASSED (150-8)
• HB 1232 - Motor vehicles; temporary license plates and operating permits; revise terminology - PASSED (157-0)
• HB 1343 - Military; requirement of adjutant general to publish personal information of commissioned officers of the organized militia; eliminate - PASSED (158-0)
• HB 1391 - Criminal procedure; compensation for public defenders and assistant public defenders; revise - PASSED (156-0)
• HB 1409 - Labor and industrial relations; workers' compensation benefits; change certain provisions - PASSED (158-1)
• HB 1433 - Criminal Justice Coordinating Council; revise and update composition of advisory board - PASSED (158-0)
• HB 1438 - Transportation, Department of; meetings for election of board members; amend notice provisions - PASSED (157-2)
• HB 1452 - Domestic relations; dating violence protective orders; revise a definition - PASSED (156-0)
• HB 274 - Courts; certain juvenile court judges; provide salary supplement - PASSED (137-0)
• HB 1069 - Mental health; adult mental health programs; provide licensure - PASSED (152-1)
• HB 1103 - Motor vehicles; heavy-duty equipment motor vehicle; revise definition - PASSED (126-12)
• HB 1388 - Civil practice; alternative procedure for designation of official legal organ; provide - PASSED (156-0)
• HB 1428 - Code Revision Commission; revise, modernize, correct errors or omissions - PASSED (149-0)
• HB 1441 - Professions and businesses; exempt a certified peace officer employed as an independent contractor from certain requirements - PASSED (155-0)
• HB 1224 - Ad valorem tax; language required to be included in the notices of current assessment; revise - PASSED (147-0)

The Senate took up the following measures on Friday:

• SB 54 - Child Custody Proceedings; judicial discretion in determining the right of a surviving parent; when such surviving parent is criminally charged with the murder or voluntary manslaughter of the other parent; provide - PASSED (50-0)
• SB 339 - 'Green Call Act'; enact - PASSED (50-0)
• SB 357 - Military Student Transfers; military students with the discretion to select adjacent school districts for attendance; provide - PASSED (37-11)
• SB 359 - "Safe and Secure Georgia Act"; enact - PASSED (37-11)
• SB 377 - State Government; take measures to prevent the use of curricula or training programs which act upon, promote, or encourage certain concepts, with exceptions; require state agencies - PASSED (32-20)
• SB 378 - Reckless Conduct; definition of hazing; expand - PASSED (44-2)
• SB 519 - Solicitors-General of State Courts: honorary office of solicitor-general emeritus; provide - PASSED (43-3)
• SB 534 - State Government; certain procedural requirements and considerations for the adoption of rules by state agencies that are applicable to charitable organizations; provide - PASSED (34-12)
• SB 586 - Road Projects; the use of the design-build contracting method by counties; authorize - PASSED (37-16)
• SB 603 - Public School Property and Facilities; an outdoor learning spaces pilot program; provide - TABLED

Committee Reports

House Human Relations and Aging Committee

On Thursday, Chairman Jesse Petrea (R-Savannah) called the Human Relations and Aging to order to discuss two measures.

• HB 1531, by Representative John LaHood (R-Valdosta), amends Article 1 of Chapter 7 of Title 31 of the OCGA to The measure specifically works to address senior living facilities. The measure alleviates some of the staffing challenges while balancing care standards. The bill shifts the license nursing hours to an average monthly minimum instead of weekly. This would give providers and nurses the flexibility to adjust their schedules. The author also noted changes to staffing requirements. The bill would continue to require two on-site direct care staff persons at all times but would reduce that to “only one direct care staff person shall be required to be on-site at all times if there are fewer than 15 residents during all waking hours or fewer than 20 residents during all nonwaking hours”.

  A substitute was presented which included Representative Rebecca Mitchell’s (D-Snellville) wording change from average monthly minimum to minimum monthly average. Representative LaHood also reviewed the concerns made in the prior committee meeting regarding the staffing requirements during waking and non-waking hours. He met with DCH and felt that there was no need to change the current bill. DCH and the author discussed defining “on-site”, but DCH did not feel like they could properly survey a facility based on any definition they discussed.

  Tom Bauer, Leading Age Georgia; Skin Edge, Georgia Senior Living Assocation; and Tony Mashall, Georgia Healthcare Association, spoke in support of the bill; while, Mary Lou Boatwright Quinn, Georgia Chapter of the Alzheimer’s Assocation, expressed concern.

  The measure received a DO PASS recommendation.

• HB 1427, by Representative Angela Moore (D-Decatur), also known as the “TLC Act”, amends Chapter 7 of Title 31 of the OCGA to strengthen home health care and the expectations of the home health aides. Representative Moore mentioned this was an issue that affected thousands of people including her. She mentioned her father who required home health attendants. She provided harrowing examples of how there is little oversight and more needs to be done for the patients and their families. The measure requires aides be CPR certified and adds responsibility on the home health agency for “negligence or willful misconduct of a home health aide” which results in property damage or patient injury.

  Ms. Kristie Priester, Representative Moore’s constituent, a fromer CNA, and home health dependent, provided personal stories of issues she has had and what she would like to see changed.

  Chairman Petrea had a few questions for the author about her understanding of the difference between home healthcare and the home care agency. The Chairman requested to discuss this outside of the Committee and discuss some potential changes. This discussion was a hearing only so no committee action was taken.

House Special Committee on Access to Quality Healthcare Committee

Late Thursday, Chairman Mark Newton (R-Augusta) and this Committee took up three pieces of legislation - two of which seek to address Georgia’s certificate of need laws:

• HB 1403, authored by Representative Clint Crowe (R-Jackson), seeks to amend O.C.G.A. 31-6-47 to provide an exemption from certificate of need for rural hospitals which are participants in the Georgia Heart Hospital program (the facilities where donations are permitted to be made to them and individuals/companies making donations can claim a tax credit). Specifically, the measure is targeted to help a facility in Sylvan Grove so that it may replace its aging facility with a larger facility in a different location. There were several entities which opposed the legislation as it opens the statute on certificate of need and it is unnecessary as facilities are allowed to be replaced themselves at their current size now if within the same county and has the support of its hospital authority. This legislation does not touch just one facility; it could potentially impact 55 hospitals in the state. After a debate, the author and individuals with the Alliance of Community Hospital discussed ways in which they might reach a compromise. The Committee tabled the legislation.
• HB 1547, authored by Representative Matt Hatchett (R-Dublin), is a comprehensive set of changes offered in Title 31 which in part would repeal the certificate of need laws on January 1, 2025. It would leave the existing facility licensure process in place for health care facilities and would require a five percent indigent and charity care requirement to be met (if not, there are staggered penalties depending on what amount a facility of indigent and charity care the facility does provide). The legislation also seeks to allow for more multi-specialty ambulatory surgery centers so that physicians may group together to provide these services. (The current CON exemption is limited to a single group practice of the same surgical specialty.). Each year, lawmakers debate certificate of need; each year, hospitals work to defeat these efforts to either amend or repeal the current law. The last comprehensive set of certificate of need changes took place in 2019 in HB 186. The Alliance of Community Hospitals and Georgia Hospital Association both opposed HB 1547. Vic Moldovan, representing a physician group, testified in support of the legislation stating this would allow physicians to operate more multi-specialty centers and permit those groups to operate for their patients. An attempt was made to table the legislation by Representative Butch Parrish (R-Swainsboro) and Representative Randy Nix (R-LaGrange); their motion failed. Representative Calvin Smyre (D-Columbus) also weighed in noting that this issue is a significant issue and needed more time. The legislation received a DO PASS recommendation and moves forward to the House Rules Committee.
• HB 1519, authored by Representative David Knight (R-Griffin), seeks to amend O.C.G.A. 33-24-59.31 so as to prohibit insurers from unilaterally changing network participation contracts impacting coverage, access to, or costs of ancillary services. Representative Knight is trying to address “white bagging” of medications that happens when insurers, operating pharmacy subsidiaries, ship medications to hospitals for infusion purposes rather than those drugs being mixed at the hospitals for the patients. There was no public comment allowed on this legislation; the Committee gave a DO PASS recommendation to the bill and it also moves to the House Rules Committee.

House Education Committee

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

• HB 1184, authored by Representative Al Williams (D-Midway), as introduced amends Title 20 to require administration of a nationally recognized college entrance exam to public school students in grade 11 who choose to participate. Such exam shall be administered on a regular school day during regular school hours.

  Representative Williams presented the bill to the Committee as a Substitute that makes the administration of such an exam optional for school districts and students. The Substitute also allows the exam to be administered up to three times. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• HB 1283, authored by Representative Demetrius Douglas (D-Stockbridge), amends Title 20 to provide for recess for students in kindergarten and grades one through five. The bill requires that each elementary school schedule recess every school day but provides flexibility on the length of such recess and implementation. A school need not provide recess on days a student participates in physical education or when “reasonable circumstances impede such recess.”

  Representative Douglas presented the bill to the Committee, which recommended the bill DO PASS and be sent to the Rules Committee.

• HB 1474, authored by Representative Mesha Mainor (D-Atlanta), amends Title 20 to provide for a minimum course of study in career readiness education for students in grades six through 12 to include instruction and training experiences focused on employability and career readiness skills.

  Representative Mainor presented the bill to the Committee, which recommended the bill DO PASS and be sent to the Rules Committee.

• HB 1482, authored by Representative Chris Erwin (R-Homer), amends Title 20 to revise the eligibility criteria for project specific capital outlay grants for low-wealth school systems. Specifically, the bill prohibits a school system that receives a low-wealth capital outlay grant from receiving another such grant within ten school years but allows consideration of the past three years of tax data in determining rankings. The bill also requires a building to be at least 35 years old in order to be eligible.

  Representative Erwin presented the bill to the Committee as a Substitute, and the Committee recommended the bill DO PASS by Substitute and be sent to the Rules Committee.

• HB 1554, authored by Representative Steven Sainz (R-St. Marys), amends Title 31 to require the Department of Public Health to conduct surveys of children and youth in this state on identified core measures to promote healthy living and for use in accessing applicable federal funds. These surveys may assess (1) perception of risk/harm; (2) perception of peer disapproval/approval; (3) perception of adult disapproval/approval, (4) past 30 day use of substances; (5) suicide/suicidal ideation; (6) adverse childhood experiences; (7) food insecurity; and (8) other core measures identified by the department.

  Representative Sainz presented the bill to the Committee, which ultimately tabled the bill.

New Legislation

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

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

What’s Next

The General Assembly is in adjournment on Thursday and will reconvene for Legislative Day 28 on Tuesday, March 15.

The House is expected to consider the following propositions on Legislative Day 28:

• HB 1354 - Wrongful Conviction Compensation Act; enact
• HB 1405 - The Zoning Procedures Law; revise
• HB 1443 - Mobile food service establishments; operate in county of origin or other counties without an additional permit; provide
• HB 1478 - Motor vehicles and traffic; electronic submission of certificates of title to Department of Revenue by motor vehicle dealers; provide
• HB 1481 - Motor vehicles; standards for issuance of dealer license plates; provide
• HB 1421 - Conservation and natural resources; Hazardous Waste Trust Fund; dedicate the proceeds of certain hazardous waste fees

The Senate Rules Committee will set the calendar for Legislative Day 28 on Monday, March 14th.