There was green aplenty under the Gold Dome today, but the pot of gold at the end of the rainbow remains to be seen as Senate budget writers still deliberate the final touches on their version of the FY 2022 Budget. The House quickly completed their Rules Calendar while the Senate floor session lasted through the lunch hour thanks to a lengthy debate on HB 112, which extends the sunset provision on the state’s COVID-19 liability protections. Ultimately, the bill passed 36-17 after the Senate rejected two floor amendments.

Meanwhile, it appears the standoff between the House and Senate is beginning to subside as both chambers added a number of bills to their respective calendars for Legislative Day 35. Committee meetings continue to occupy the afternoon on Capitol Hill as the race to Sine Die enters the final stretch. As always, we’ve got the highlights in today’s #GoldDomeReport.

In today’s Report:

• Floor Action
• Committee Reports
• Rules Calendars for Legislative Day 35

Floor Action

The House considered the following measures on the floor today:

• HB 703 — Bleckley County; probate judge; provide nonpartisan elections (IGC-Mathis-144th) PASSED 105-64
• HB 704 — Bleckley County; Magistrate Court chief judge; provide nonpartisan elections (IGC-Mathis-144th) PASSED 103-68
• SB 43 — "Noncovered Eye Care Services Act"; enact (Substitute)(Ins-Gambill-15th) Brass-28th PASSED 152-17
• SB 88 — Education; Georgia Teacher of the Year shall be invited to serve as advisor ex officio to the State Board of Education; provide (Ed-LaRiccia-169th) Goodman-8th PASSED 171-1
• SB 140 — Flag, Seal, and Other Symbols; placement of a monument in honor of the Honorable Zell Bryan Miller upon the capitol grounds of the state capitol building; provide (SProp-Ralston-7th) Mullis-53rd PASSED 172-1
• SB 182 — Counties and Municipal Corporations; "fence detection system"; define the term; counties, consolidated governments, and municipalities regulate or prohibit such system; limit the ability (GAff-Gullett-19th) Robertson-29th PASSED 103-70

The Senate considered the following measures on the floor today:

• HB 63 — Alternative ad valorem tax; motor vehicles; revise definition of fair market value (FIN-51st) Blackmon-146th PASSED 54-0
• HB 112 — Torts; provide certain immunities from liability claims regarding COVID-19; extend applicability for one year (JUDY-17th) Kelley-16th PASSED 36-17
• HB 169 — Motor vehicles; commercial driver's license; provide requirements for issuance (PUB SAF-56th) Corbett-174th PASSED 50-4
• HB 207 — Motor vehicles; electronic submission of certain documentation required of manufacturers, distributors, dealers, secondary metals recyclers, used motor vehicle parts dealers, and scrap metal processors by the Department of Revenue; provide (Substitute) (PUB SAF-56th) Corbett-174th PASSED 54-0
• HB 208 — State holidays; second Wednesday of February of each year as National Swearing-in Day in Georgia; provide (VM&HS-53rd) Cheokas-138th PASSED 53-0
• HB 497 — Code Revision Commission; revise, modernize and correct errors or omissions (JUDY-17th) Efstration-104th PASSED 54-0
• HB 693 — Motor vehicles; operation of farm tractors on interstate highways; prohibit (AG&CA-24th) Meeks-178th PASSED 51-2

Committee Reports

House Judiciary Committee
The House Judiciary Committee, chaired by Representative Chuck Efstration (R-Dacula), met to consider the following propositions today:

• SB 33, authored by Senator Clint Dixon (R-Buford), amends O.C.G.A. § 51-1-56 to grant a cause of action to victims of human trafficking against their perpetrators.

Senator Dixon presented the bill to the Committee, which he explained is part of Governor and First Lady Kemp’s efforts to fight human trafficking. The bill creates a civil cause of action for individuals impacted and the Attorney General as well as providing for attorney’s fees and a statute of limitation. Chairman Efstration noted that there was a question of iif the bill would have any retroactive effect and explained that he believed it would only have prospective effect. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• SB 86, authored by Senator Larry Walker III (R-Perry), originally amended Title 10 to provide for requirements for solicitations of services for corporate filings required by the Secretary of State.

Chairman Efstration presented a substitute to the bill that strips out the original language and addresses the equitable caregiver statute enacted in 2019. He explained that the proposed substitute fixes issues with the original statute as passed, including the statutory form, standing for an individual applicant, and the ability for removal of equitable caregiver custody rights. These changes were originally included in HB 216, which failed to cross over this year. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

• SB 120, authored by Senator Lindsey Tippins (R-Marietta), amends Title 15 to provide for the honorary office of solicitor-general emeritus.

Senator Tippins presented the bill to the Committee, and Representative Tim Barr (R-Lawrenceville) explained a proposed addition to the bill—the statutory language creating the Office of Inspector General from HB 736. The Inspector General’s Office currently only exists by virtue of an executive order; this bill will create the Office in statute and allow it to seek subpoenas and warrants. In response to a question from Representative Mary Margaret Oliver (D-Decatur), the representative of the Office noted that the language largely mirrors what is in the executive order creating the office except that it also allows the Office to employ POST-certified officers and issue administrative subpoenas. The Committee held the bill and potential substitute for further consideration.

• SB 200, authored by Senator Jason Anavitarte (R-Dallas), amends Title 38 to allow businesses and religious institutions to continue operations during a public health emergency if they conform with applicable safety guidelines contained in any order related to the public health emergency.

Chairman Efstration opened discussion on the bill by explaining changes in a substitute before the Committee. The bill now includes language from Representative Dominc LaRiccia’s (R-Douglas) bill in Section 1, and language from Representative Kasey Carpenter’s (R-Dalton) bill updated to address Representative Stacey Evans’s (D-Atlanta) concerns in Section 2. Representative Mary Margaret Oliver (D-Decatur) noted that the bill appears to codify what the U.S. Supreme Court has already said and questioned the necessity given that ruling. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

• SB 218, authored by Senator Larry Walker (R-Perry), amends Title 45 to suspend compensation for public officers who are suspended because of indictment for a felony.

Chairman Efstration presented the bill on behalf of Senator Walker, noting that this bill allows for suspension of compensation for local public officials and is a companion to SR 134, which addresses constitutional officers. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• SB 234, authored by Senator John Kennedy (R-Macon), amends Title 9 to provide new regulations for the practice of mediation in the state.

Senator Kennedy presented the bill to the Committee, which he reported has been met with support by all involved in the process. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• SR 134, authored by Senator Larry Walker (R-Perry), calls for a constitutional amendment to suspend compensation for public officers who are suspended because of indictment for a felony

Chairman Efstration presented the resolution on behalf of Senator Walker, which is a companion to SB 218, which addresses local public officers. The Committee recommended the resolution DO PASS and be sent to the Rules Committee.

House Judiciary Non-Civil Committee
The House Judiciary Non-Civil Committee, chaired by Representative James Burchett (R-Waycross), met to consider the following legislation today:

• 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.

Senator Strickland presented the bill to the Committee, noting that the idea comes from a working group of State Senators and the Georgia Justice Project and Faith and Freedom Coalition. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Higher Education Committee
Chairman Chuck Martin (R-Alpharetta) and the House Higher Education Committee discussed the following bills today:

• SB 187, authored by Senator Lindsey Tippins (R-Marietta), amends O.C.G.A. 20-3-519.2 relating to the eligibility requirements for HOPE so as to permit students with documented disabilities (as defined by the ADA) the ability to qualify for the scholarships and grants for ten years. SB 187 received a DO PASS recommendation, and it now moves to the House Rules Committee.
• SR 154, authored by Senator Nan Orrock (D-Atlanta), seeks to create a Joint Study Committee on Strengthening Georgia’s Workforce. This Resolution, which seeks to create a needs-based scholarship program in Georgia, was discussed by the Committee but no action was taken. Amy Lancaster-King, with the Metro Chamber of Commerce, spoke in favor of the Resolution, noting that education attainment rates fall behind the nation. The state median income is $58,700. She noted too that many students who are attending school work while attending school. Those who graduate are more likely to come from higher-income families. This Resolution will be heard again on Thursday.
• SB 97, authored by Senator Lester Jackson (D-Savannah), seeks to amend in O.C.G.A. 20-3-66 out-of-state tuition differential waiver increases for three historically black colleges and universities in Georgia (Ft. Valley State, Savannah State and Albany State). Currently, two percent of tuition differential waivers are permitted; this seeks to increase the number to four percent. No action was taken today on this bill.
• SB 107, authored by Senator Brian Strickland (R-McDonough), seeks to add a new Code section at O.C.G.A. 20-3-660 to provide that foster care and adopted youth (those adopted over the age of 14) may have tuition and fee waivers for attending TCSG schools. The bill contains language to encourage that the USG entities also adopt policies for these waivers as well. The legislation came to the Committee in the form of a new Substitute, incorporating some of the language from HB 7, authored by Representative Sandra Scott (D-Rex). The portion of Representative Scott’s bill incorporated is around the definition of who are homeless; additional changes include providing language addressing residency like those who receive HOPE scholarships and grants. DFCS Director Tom Rawlings spoke to the legislation and explained that 325 youth who participate in the education and training vouchers. The Committee had questions around fiscal impacts; if youth are provided waivers to attend USG entities, it would possibly cost $2 million and those attending TCSG entities would cost $120,000. There are around 780 youth who are between the ages of 18-21 (extended foster care) who could take advantage of the various federal and state programs. No action was taken on this bill; it will be taken up Thursday.

House Governmental Affairs Committee
Representative Steven Sainz (R-Woodbine) filled in as Chairman for Chairman Darlene Taylor (R-Thomasville) while she presented other bills in Senate Committees. The Governmental Affairs Committee discussed the following:

• SB 144, authored by Senator Lindsey Tippins (R-Marietta), amends Chapter 3 of Title 8. It is to limit the ability of city housing authorities to operate outside municipal boundaries. It strikes the 10 mile authorization and requires an exception. There is a “grandfather clause” for those who are presently operating buildings presently. The legislation received a DO PASS recommendation, and it moves to the House Rules Committee. Representative Ginny Ehrhart (R-Marietta) will carry legislation in the House.
• SB 152, authored by Senator Randy Robertson (R-Cataula), seeks to insert the word, at O.C.G.A. 50-3-2, “courage” in the state pledge (which now contains wisdom, justice and moderation. This pledge was created in 1935. The bill received a DO PASS recommendation, and it now moves to the House Rules Committee. Representative Joseph Gullett (R-Dallas) will carry the bill forward in the House.
• SB 193, authored by Senator Jeff Mullis (R-Chickamauga), addresses Chapter 5 of Title 48 and the requirement for a tax assessor to physically look for mobile home decals to determine payment of taxes paid. This legislation creates an “option” for tax assessors to make this determination. This bill received a DO PASS recommendation, and the bill moves now to the House Rules Committee. Representative Mike Cameron (R-Rossville) will carry the bill in the House.
• HR 222, authored by Representative Victor Anderson (R-Cornelia), establishes a House Study Committee on Annexation. This Resolution came to the full Committee in a Substitute form so that this annexation study will look at the dispute resolution process and also adds looking at formation of new cities. HR 222 Substitute received a DO PASS recommendation, and the bill now moves to the House Rules Committee.
• SB 95, authored by Senator Frank Ginn (R-Danielsville), came to the Committee in the form of a new Substitute in O.C.G.A. 50-14-1 (LC 47 1026S). The legislation seeks to allow public meetings and hearings to be held by teleconference in declared emergency situations. The Substitute clarifies the definition to address “agency” and local governments. There is a House bill which is a companion, HB 98. Representative Joseph Gullett (R-Dallas) indicated his preference is that such meetings be held in person unless it is due to a natural disaster. Senator Ginn noted that if he believes that entities take advantage of this use of electronic/telephonic means that he will be back to restrict the use. The Substitute received a DO PASS recommendation, and the bill now moves to the House Rules Committee. Representative Eddie Lumsden (R-Armuchee) will carry the legislation in the House.

House Industry and Labor Committee
Chairman Bill Werkheiser and the Industry and Labor Committee discussed three bills - the Committee’s agenda included hearings on HB 181 (authored by Representative Marvin Lim (D-Norcross) and HB 356 (authored by Representative Kim Schofield (D-Atlanta)). The Committee, however, tabled SB 156, authored by Senator Marty Harbin (R-Tyrone), which seeks to create a new position for the Department of Labor to be known as the Chief Labor Officer in O.C.G.A. 34-2-3.1. The Committee had a number of questions but major concerns were funding the position and who would have authority over this individual as it was not clear. SB 156 is in response to legislators' frustrations concerning the Department of Labor’s processing of unemployment claims during the pandemic and the responsiveness of the Department to their constituents.

Senate Education & Youth Committee
The Senate Education & Youth Committee, chaired by Senator Chuck Payne (R-Dalton), met to consider the following legislation 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 Committee as a substitute which also includes a requirement that students in grades 6 through 12 be given instruction on human trafficking. There was discussion about the effective date of July 1, 2021, but the Department of Education testified that new health standards are due to be adopted in March, and those standards already address vaping and human trafficking. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

Senate Retirement Committee
The Senate Retirement Committee met this afternoon to consider two bills. Senator Chuck Hufstetler (R-Rome) chaired the committee in place of Senator Randy Robertson (R-Catuala).

• HB 173, authored by Representative Tommy Benton (R-Jefferson), amends O.C.G.A. § 47-20-87 to increase the allowable percentage of alternative investments for large retirement systems from 5% to 10%. The Teachers Retirement System is not including in this increase. Representative Benton presented the bill to the committee and explained his reasoning for bringing the measure. Senator Billy Hickman (R-Statesboro) asked if this would help the retirement systems make more aggressive investments. Representative Benton explained that this bill would allow them to invest in things that are not traded. Senator Hickman also expressed concerns with the jump from 5% to 10% instead of a smaller incremental increase. Senator Carden Summers (R-Cordele) asked if the state is liable for any losses on these investments. Representative Benton explained that the risk is controlled by the retirement systems. The committee recommended the bill DO PASS.
• SB 281, authored by Senator Randy Robertson, amends Title 47 to provide for an increase in dues for the Sheriff’s Retirement Fund of Georgia. Terry Norris with the Georgia Sheriff’s Association and Sheriff’s Retirement Fund spoke in favor of the bill; which has no fiscal impact to the state. The committee took no action on this bill.

Rules Calendars for Legislative Day 35

The House is expected to take up the following measures on Thursday for Legislative Day 35:

• SB 34 - Domestic Relations; name change; victims of human trafficking may petition; provide (Judy-Bonner-72nd) Dixon-45th
• SB 66 - Georgia Foundation for Public Education; a nonprofit corporation created by the foundation to receive private donations to be used for grants to public schools; authorize (Ed-Gambill-15th) Anavitarte-31st
• SB 143 - Mechanics and Materialmen; waiver of lien and labor or material bond rights; conform a reference within a statutory form (Judy-Jones-25th) Tippins-37th
• SB 148 - 2021 Special Council on Tax Reform and Fairness for Georgians and the Special Joint Committee on Georgia Revenue Structure; create (Substitute)(B&FAO-Hawkins-27th) Hufstetler-52nd
• SB 163 - Judicial Emergency; suspension of statutory speedy trial requirements; provide (Substitute)(Judy-Gunter-8th) Strickland-17th
• SB 168 - Meetings; corporation may hold annual shareholders' meetings and special shareholders' meetings by means of remote communication; provide (B&B-Gunter-8th) Walker III-20th
• SB 169 - Bonds; acceptance of electronic signatures and electronic corporate seals on bonds; provide (Judy-Gunter-8th) Walker III-20th
• SB 210 - Motor Vehicles and Traffic; definitions relative to registration and licensing of motor vehicles; provide (MotV-Momtahan-17th) Robertson-29th
• SB 221 - Ethics in Government; leadership committees; chairpersons; such committees may receive contributions and make expenditures; provide (Judy-Kelley-16th) Mullis-53rd

The Senate is expected to take up the following measures on Thursday for Legislative Day 35:

• HB 114 - Income tax; adoption of foster children; revise tax credit (FIN-50th) Reeves-34th
• HB 124 - Funeral directors and embalmers; multiple cremation devices; provide (Substitute) (RI&U-31st) Williams-145th
• HB 153 - Fair Business Practices Act of 1975; solicitations of services for corporate filings required by the Secretary of State; provide for requirements (Substitute) (AG&CA-20th) Wiedower-119th
• HB 161 - Local government; downtown development authorities; remove provision providing perpetual existence to such authorities (GvtO-20th) Tankersley160th
• HB 234 - Self-funded Healthcare Plan Opt-in to the Surprise Billing Consumer Protection Act; enact (H&HS-52nd) Hawkins-27th
• HB 271 - Community Health, Department of; assess one or more provider matching payments on ambulance services; authorize (FIN-54th) Reeves-34th
• HB 292 - Ad valorem tax; property; remove certain training requirements for members of county boards of equalization following their initial training for their first term (FIN-54th) Williams-148th
• HB 336 - Agriculture; hemp farming; compliance with federal laws and regulations; provide (Substitute) (AG&CA-53rd) Corbett-174th
• HB 362 - Environmental Protection Division; effective date for standards, rules, and regulations; revise (NR&E-7th) Rhodes-120th
• HB 364 - Professions and businesses; exempt persons having completed Georgia Peace Officer Standards and Training from required fingerprint submission for application to be licensed as a private guard, watchman, or patrolman (PUB SAF-29th) Collins-68th
• HB 374 - Sales and use tax; local authorities providing public water or sewer service; exempt (FIN-47th) Gaines-117th
• HB 410 - Bingo; transfer regulatory authority from Georgia Bureau of Investigation to Secretary of State (RI&U-29th) Lumsden-12th
• HB 488 - Courts; increase minimum compensation for chief magistrates and others; provide (SLGO(G)-54th) Scoggins-14th
• HB 511 - State treasury; establishment or revision of certain Trust Funds; provide (FIN-45th) Reeves-34th
• HB 593 - Tax Relief Act of 2021; enact (FIN-20th) Blackmon-146th