Legislators and lobbyists braved an early morning downpour as action began early under the Gold Dome today. Committees began meeting at 7:30 a.m., and both chambers took to the floor at 10 a.m. The House completed their Rules Calendar in short order, including lighting up the board with red as SB 148 failed to pass by a margin of 20-139. The Senate, however, worked through about half of their bills before (soon after SB 148’s demise) placing the remaining measures on the table and heading off to committee meetings.

While the House Rules Committee set a calendar in preparation for Monday, the Senate Rules Committee canceled their afternoon meeting, leaving only tabled bills for consideration on the Senate floor on Monday. More on today’s floor and committee action in this #GoldDomeReport.

In today’s Report:

• Floor Action
• Committee Reports
• Rules Calendars for Legislative Day 36

Floor Action

The House considered the following measures on the floor today:

• SB 34 - Domestic Relations; name change; victims of human trafficking may petition; provide (Judy-Bonner-72nd) Dixon-45th PASSED 162-0
• 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 PASSED 159-2
• 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 PASSED 156-0
• 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 FAILED 20-139
• SB 163 - Judicial Emergency; suspension of statutory speedy trial requirements; provide (Substitute)(Judy-Gunter-8th) Strickland-17th PASSED 157-6
• 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 PASSED 161-0
• SB 169 - Bonds; acceptance of electronic signatures and electronic corporate seals on bonds; provide (Judy-Gunter-8th) Walker III-20th PASSED 162-0
• SB 210 - Motor Vehicles and Traffic; definitions relative to registration and licensing of motor vehicles; provide (MotV-Momtahan-17th) Robertson-29th PASSED 113-47
• SB 221 - Ethics in Government; leadership committees; chairpersons; such committees may receive contributions and make expenditures; provide (Judy-Kelley-16th) Mullis-53rd PASSED 96-69

The Senate considered the following measures on the floor today:

• HB 114 - Income tax; adoption of foster children; revise tax credit (FIN-50th) Reeves-34th PASSED 114
• HB 124 - Funeral directors and embalmers; multiple cremation devices; provide (Substitute) (RI&U-31st) Williams-145th TABLED
• 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 TABLED
• HB 161 - Local government; downtown development authorities; remove provision providing perpetual existence to such authorities (GvtO-20th) Tankersley160th TABLED
• HB 234 - Self-funded Healthcare Plan Opt-in to the Surprise Billing Consumer Protection Act; enact (H&HS-52nd) Hawkins-27th TABLED
• HB 271 - Community Health, Department of; assess one or more provider matching payments on ambulance services; authorize (FIN-54th) Reeves-34th TABLED
• 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 TABLED
• HB 336 - Agriculture; hemp farming; compliance with federal laws and regulations; provide (Substitute) (AG&CA-53rd) Corbett-174th PASSED 45-7
• HB 362 - Environmental Protection Division; effective date for standards, rules, and regulations; revise (NR&E-7th) Rhodes-120th PASSED 49-0
• 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 TABLED
• HB 374 - Sales and use tax; local authorities providing public water or sewer service; exempt (FIN-47th) Gaines-117th TABLED
• HB 410 - Bingo; transfer regulatory authority from Georgia Bureau of Investigation to Secretary of State (RI&U-29th) Lumsden-12th TABLED
• HB 488 - Courts; increase minimum compensation for chief magistrates and others; provide (SLGO(G)-54th) Scoggins-14th TABLED
• HB 511 - State treasury; establishment or revision of certain Trust Funds; provide (FIN-45th) Reeves-34th PASSED 51-0
• HB 593 - Tax Relief Act of 2021; enact (FIN-20th) Blackmon-146th PASSED 35-15

Committee Reports

House Insurance Committee
The House Insurance Committee, chaired by Representative Eddie Lumsden (R-Armuchee), met on Wednesday and considered the following legislation:

• SB 80, authored by Senator Kay Kirkpatrick (R-Marietta), amends Title 33 to create the "Ensuring Transparency in Prior Authorization Act." The bill adds additional transparency to and regulates the processes for prior authorization of medical procedures and prescriptions by health care insurance companies.

Senator Kirkpatrick presented the bill to the Committee, and Representative Bruce Williamson (R-Monroe) made the comment that he thought the period permitted to make prior authorization decisions by insurers should be shorter than the 15 days for non-urgent cases in the substitute bill. This interval comes from accreditation standards for utilization review procedures. Further work on the bill may well proceed on this issue, although the substitute was negotiated among Subcommittee Chair Darlene Taylor (R-Thomasville), the Georgia Association of Health Plans, and Senator Kirkpatrick. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

• SB 82, authored by Senator Michelle Au (D-Atlanta), amends Title 31 to revise the definition of "emergency medical services," "emergency care," and "emergency condition" to ensure that any instance of the prudent layperson standard is not affected by the final diagnosis given to the patient.

Senator Au presented the bill to the Committee, which was amended in subcommittee to exempt ERISA plans and add emergency medical technicians to the definitions of health care providers. Because EMTs do not bill insurers directly, two references to them were deleted from the bill in full committee at the suggestion of Representative Matthew Gambill (R-Cartersville). The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

House Juvenile Justice Committee
The House Juvenile Justice Committee, chaired by Representative Mandi Ballinger (R-Canton), met to consider the following measures today:

• SB 20, authored by Senator Chuck Payne (R-Dalton), amends O.C.G.A. § 15-11-747 to add three new members to the Child Advocate Advisory Committee. These new members include a current or former foster parent to be appointed by the Governor, a former foster child that reached the age of majority or graduated from high school while in the foster care system to be appointed by the Lt. Governor, and an individual that served at least three years as a court appointed special advocate to be appointed by the Speaker of the House.

Senator Payne presented the bill to the Committee, which recommended the bill DO PASS and be sent to the Rules Committee.

• SB 28, authored by Senator Bo Hatchett (R-Demorest), amends multiple Code sections in Title 15 and Title 19 to revise juvenile intake proceedings and juvenile intake officer training requirements. The bill also creates a new list of actions associated with temporary restrictive orders. The bill grants juvenile courts the ability to hear evidence, including hearsay evidence, to determine permanency decisions for child placement.

Senator Hatchett presented the bill to the Committee, which recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

House Higher Education Committee
Chairman Chuck Martin (R-Alpharetta) and the Higher Education Committee met this afternoon and provided two measures with a “DO PASS” recommendation, moving each to the House Rules Committee. The legislation voted forward were:

• SR 154, authored by Senator Nan Orrock (D-Atlanta), which creates a Joint Study Committee for Workforce Development. The Resolution, supported by the Metro Atlanta Chamber of Commerce, creates a study to look at a needs-based scholarship program in Georgia.
• SB 107, authored by Senator Brian Strickland (R-McDonough), is the legislation amending Chapter 3 of Title 20 to provide for in-state tuition for homeless youth and to provide tuition and fee waivers for foster care and adopted youth (those who are adopted from the foster care system at age 14 and older). The legislation permits these tuition and fee waivers for youth entering a school in the Technical College System of Georgia and provides encouragement for the University System of Georgia to create a similar program for youth in foster care who age out. There are requirements in the legislation for DFCS to follow as well qualification criteria for youth. The Committee heard and passed a Substitute on the bill, and this one seeks to add language for students who are homeless as well as places some clarity around public benefits.

Senate Judiciary Committee
The Senate Judiciary Committee, chaired by Senator Brian Strickland (R-McDonough), met late Wednesday to consider the following measures:

• HB 94, authored by Representative Bonnie Rich (R-Sugar Hill), amends O.C.G.A. § 16-8-24 and 16-8-25 to create a new crime of possession of stolen mail and porch piracy.

Representative Rich presented the bill to the Committee, which she explained was requested by the U.S. Postal Inspector’s Office to allow local prosecutors to help federal prosecutors in addressing these crimes. A U.S. Postal Inspector spoke in support of the legislation. Thomas Weaver urged caution in creating a new felony that could attach to the theft of low-value items. The Committee held the bill for later action.

• HB 231, authored by Representative Houston Gaines (R-Athens), amends Titles 16 and 19 to expand the applicability of protective orders involving victims of stalking, particularly relating to individuals involved in a "dating relationship" and persons through whom a past or present pregnancy has developed.

Representative Gaines presented the bill to the Committee as a substitute, assisted by Rebecca Grist, Solicitor General of Macon-Bibb County. Thomas Weaver suggested the Committee consider defining “recently” in the bill. The Committee held the bill for further consideration.

• HB 371, authored by Representative Stan Gunter (R-Blairsville), amends Title 24 to allow video conferencing for proceedings and meetings with prisoners confined in a correctional facility. The bill also allows for employees of the state crime lab to appear in video proceedings.

Representative Gunter presented the bill to the Committee, and Judge Kell of Cobb County, a representative of the Department of Corrections, and Terry Norris of the Georgia Sheriff’s Association spoke in favor of the bill. Committee members had numerous questions about what proceedings would be allowed virtually and expressed concern about deferring to the judiciary the ability to make rules delineating which phases of a criminal case could be held virtually. The author and speakers in favor reiterated that the U.S. Supreme Court has set the boundaries of what “critical phases” of a criminal trial must be done live and in-person. A representative of the Georgia Trial Lawyers Association noted that his group was neutral on the bill but would be opposed to the extent it allowed for civil jury trials by videoconference.

Senator Bo Hatchett (R-Cornelia) offered an amendment to clarify that no criminal or civil trial could be held via videoconference, and the amendment was adopted. Senator Bill Cowsert (R-Athens) offered an amendment to clarify that only non-evidentiary hearings may be held via videoconference, and the amendment was adopted. Senator Cowsert also offered an amendment adding a sunset on June 30, 2022, and the amendment was adopted. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

• HB 479, authored by Representative Bert Reeves (R-Marietta), amends multiple Titles to alter the state's citizen arrest laws. The bill still allows off-duty law enforcement officers to detain and arrest individuals within their jurisdiction of employment or when aiding another officer. The bill specifically prohibits private citizens from using force that could cause bodily harm to detain another citizen.

Representative Reeves presented the bill to the Committee, explaining the history of the statute and attempting to dispel rumors circulating. Ed Stone, a lawyer and former law enforcement officer, spoke in opposition to the bill. The Prosecuting Attorneys Council, NAACP, Georgia Chamber of Commerce, and ACLU of Georgia spoke in favor of the bill. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• HB 534, authored by Representative Josh Bonner (R-Fayetteville), amends Titles 16 and Title 40 to create new criminal offenses for illegal drag racing which include the suspension of driver's licenses with scaling length and severity for subsequent violations.

Representative Bonner presented the bill to the Committee, and the Georgia Association of Criminal Defense Lawyers expressed concern about the bill, particularly the asset forfeiture provision.

• HB 562, authored by Representative Kasey Carpenter (R-Dalton), amends Title 17 to provide that arrest warrants for DFCS officers for an offense alleged to have been committed in their official duties can only be issued by a superior court.

Representative Carpenter presented the bill to the Committee, and Chairman Strickland presented a substitute that retains the original language of the bill and adds the language of HB 140, which would allow for a prosecutor to seek a change of venue in certain cases. The Georgia Association of Criminal Defense Lawyers spoke in opposition to the substitute, noting that HB 140 was not vetted in the House and that it is the accused, not the State, is entitled to an impartial jury. It was noted that the Georgia Constitution appears to be silent as to whether this right is exclusive to the accused or shared by the State and accused. The Prosecuting Attorneys Council spoke in support of the bill, noting that the right to a fair and impartial jury should belong to both.

The Committee recommended the bill DO PASS by Committee Substitute, and the bill was sent to the Rules Committee.

Senate Insurance & Labor Committee — Health & Workers Comp Subcommittee
The Health & Workers Comp Subcommittee of the Senate Insurance & Labor Committee, chaired by Senator Ben Watson (R-Savannah), met to consider the following measure this morning:

• HB 454, authored by Representative Mark Newton (R-Augusta), amends Title 33 to stipulate that all health insurance plans must cover provider charges at in-network rates for the duration of the contract year regardless of whether the provider remains a participating provider at any point in the contract year.

Representative Newton presented the bill to the Subcommittee, and an amendment was proposed to strike “90” on line 16 and replace it with “180” to read: “…period ending 180 days after…” The amendment was adopted, and the Subcommittee recommended the bill DO PASS by Committee Substitute and be sent to the full Insurance & Labor Committee.

Senate Appropriations - Compensation Resolution Subcommittee
Chairman Brandon Beach (R-Alpharetta) and members of the Compensation Resolution Subcommittee met this morning again on HR 29, a resolution authored by Representative Carolyn Hugley (D-Columbus). This resolution seeks to compensate Jakeith Bendray Robinson, Sr. for being a victim of double jeopardy (being tried as a party to a crime) and the lack of action taken on an interlocutory appeal filed with the Court of Appeals in 2005 but which was not looked at by the court until 2014. Mr. Robinson was originally tried for the crimes in 1998 in Muscogee County for murder, felony murder, armed robbery, two counts of aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony. At the conclusion of the initial trial, the jury returned not guilty verdicts as to the murder, felony murder, and both aggravated assault charges, but could not reach a verdict on the charges of armed robbery and possession of a firearm during the commission of a felony as Mr. Robinson allegedly drove the getaway vehicle. A second trial took place in 1999 where Mr. Robinson was tried as a co-defendant on the armed robbery and possession of a firearm charges. It was at the second trial that he was found guilty of the armed robbery charge but acquitted him on the possession of the firearm charge and possession of a firearm by a convicted felon. He was sentenced to life in prison. He filed motions for new trials; those were denied. He filed an appeal; that sat for years without action. When the court did review his appeal (14 years later), it found that the jury determined that Mr. Robinson was not a party to the crimes and should have been acquitted on all charges and the state should not have tried him a second time. The Subcommittee struggled with this resolution; there was testimony by Senator Randy Robertson (R-Cataula) who argued that Mr. Robinson was not innocent. Senator Tyler Harper (R-Ocilla) indicated that he felt an independent commission, not the General Assembly, should review these compensation resolutions. Senator John Albers (R-Roswell) essentially commented that if the state agencies failed to take appropriate action then those individuals should be held accountable but that he wanted to know if Mr. Robinson was guilty of a crime - he was struggling to know who the true victim was. The subcommittee’s vote was originally a tie to move DO PASS the Resolution forward; Chairman Beach broke the tie to move HR 29 to the full Appropriations Committee.

Senate Public Safety Committee
The Senate Public Safety Committee, chaired by Senator John Albers (R-Roswell), met today to consider the following legislation:

• HB 286, authored by Representative Houston Gaines (R-Athens), would prohibit local governments from reducing the budgets of law enforcement agencies more than five percent over a five year period Representative Gaines walked the committee through the bill and noted a few changes from the original House version including increasing the exemption for small departments from 10 employees to 25 employees and exemptions for capital outlay projects. Senator Kim Jackson (D-Stone Mountain) asked if there are any other areas in Code that places a cap on specific department reductions. Representative Gaines said he did know of the totality of the Code but sheriff’s departments are currently allowed to petition a court for the need to increase funds to provide adequate law enforcement. Senator Jackson asked where the number five percent originated. Representative Gaines explained that this number still gives governments the ability to work within their budgets.

Tom Gehl spoke against the bill on behalf of GMA. He expressed his gratitude to Representative Gaines for his willingness to work with GMA on the bill. Nevertheless, GMA remains opposed to the bill due to local control concerns.

Devin Barrington-Ward spoke against the bill on behalf of the Movement for Black Lives. He explained that this bill does not keep communities safe and instead urged committee members to increase funding for mental health services and community improvement.

Chris Bruce spoke against the bill on behalf of the ACLU of Georgia. He stated that the bill stands in the way of local governments’ abilities to provide life, liberty, and the pursuit of happiness. He further stated that there are electoral remedies for local communities to express their displeasure with their local government's budget decision and the General Assembly should not preempt this decision making process.

Levita Tuff spoke against the bill on behalf of Asian Americans Advancing Justice Atlanta. Ms. Tuff stated that the bill creates an unfair and unjust mandate against local governments. She also expressed concerns that a county no longer working with ICE on 287 (g) agreements could lead to a greater than five percent decrease in police budgets in violation of this bill.

The committee recommended the bill DO PASS by a vote of 4-3 after amending the substitute to fix a scrivener's error.

• HB 353, authored by Representative Todd Jones (R-South Forsyth), would further codify the need of motor vehicles to safely pass bicycles with a minimum of three feet. Representative Jones quickly walked the committee through the bill and the committee recommended the bill DO PASS.
• HB 289, originally authored by Representative Dave Belton (R-Buckhead), was offered as a committee substitute by Senator Randy Robertson (R-Catuala). The new substitute removes the original bill’s language and adds language from SB 171, which failed to crossover. The bill would enact the “Safe Communities Act” and would create new guidelines and penalties regarding protesting and unlawful gatherings. Senator Kim Jackson noted that the new language was originally heard in the Senate Judiciary Committee and she had not had a chance to review this substitute before this meeting. The committee recommended the bill DO PASS by a vote of 4-3.
• HB 236, authored by Representative Yasmin Neal (D-Jonesboro), would allow for law enforcement security checks for individuals under protective orders. The committee recommended the bill DO PASS.

Senate Regulated Industries and Utilities Committee
The Senate Regulated Industries and Utilities Committee, chaired by Senator Bill Cowsert (R-Athens), met this afternoon to consider the following legislation.

• HB 544, authored by Representative Alan Powell (R-Hartwell), amends Title 50 to make changes to the state's COAM laws. The bill adds an eight member to the Georgia Lottery Commission Board of Directors to include the chairperson of the Bona Fide Coin Operated Amusement Machine Operator Advisory Board. The bill also includes a mandated $50 maximum on noncash awards for COAM on a per play basis for Class A machines. There is also a new hearing review process for license denials. The bill also excludes COAMs from civil forfeiture proceedings unless the machines are directly associated with the alleged criminal actions of a location or license owner. Representative Powell explained the bill to the committee and walked them through the origins of the COAM industry in Georgia, generally. He characterized the COAM industry as the fastest growing source of revenue for the Lottery Corporation. Representative Powell brought a substitute to the committee but Chairman Cowsert stated he had not had enough time to review it. Senator John Kennedy (R-Macon) raised concerns with language that could lead to a loophole allowing gift cards that are used outside the location of the COAM and could effectively create “shell” gaming rooms that circumvent the intent of the statute. Additionally, Senator Kennedy raised concerns with inducements from master license holders. He suggested a revamp to inducements that would be modeled after a profit-sharing model which would allow the master license holder to pay more to the location based on the assumed profitability of the location. The committee substitute contains language that would add transparency to financial records for master license holders.

The committee also heard testimony from opponents of the bill including Mike Griffin from the Georgia Baptist Mission Board.

The committee took no action on the bill today.

Rules Calendars for Legislative Day 36

The House is expected to take up the following measures on Monday for Legislative Day 36:

• SB 9 - Courts; the Columbia Judicial Circuit and to be composed of Columbia County; create a new judicial circuit for the State of Georgia (Substitute)(Judy-Newton-123rd) Anderson-24th
• SB 32 - Public Disclosure; certain personal records of state and federal employees; exempt (Substitute)(Judy-Gullett-19th) Brass-28th
• SB 114 - Professions and Businesses; grounds for refusing to grant or revoking a license; revise (RegI-Momtahan-17th) Robertson-29th
• SB 145 - Distilled Spirits; initiating a referendum election for the authorization of the issuance of licenses for the package sale of distilled spirits; modify the petition requirements (RegI-Ballinger-23rd) Brass-28th
• SB 159 - Elementary and Secondary Education; provision relating to student transportation; revise (Substitute)(Ed-Barr-103rd) Gooch-51st
• SB 185 - Revenue and Taxation; all questions of law decided by a court; matters from state board of equalization and refunds and appeals be decided without deference; require (Judy-Jones-25th) Hatchett-50th
• SB 219 - Alcoholic Beverages; regulation of the manufacture, distribution, and sale of malt beverages; provide (RegI-Powell-32nd) Ginn-47th
• SB 247 - Agricultural Commodity Commissions; public hearings with online public comment opportunities; replace (A&CA-Meeks-178th) Anderson-24th
• HB 745 - Washington County; Board of Education; provide nonpartisan elections for members (IGC-Jackson-128th)

The Senate did not set a Rules Calendar for Legislative Day 36.