As quickly as it appeared, the Senate version of the FY22 State Budget descended into the shadows of a conference committee today, entering the final (and most secretive) phase of negotiations before final passage. Leaders in the House and Senate will meet over the next several days to perfect the State’s spending plan for next year, which will likely emerge back into the light early next week in the run up to adjournment Sine Die on March 31.

In the meantime, much remains to be done in the General Assembly, where 260 bills that passed out of their original chamber remain suspended in limbo with three legislative days remaining. Legislators made some progress today, passing fifteen measures between the two chambers. But the House only has eight bills on its calendar for the next legislative day, and the Senate has not yet set a calendar. It all suggests a hectic conclusion to the session with long calendars and late nights is ahead. Keep up with the sprint to the finish with the #GoldDomeReport.

In today’s Report:

• Floor Action
• Committee Reports
• Rules Calendars for Legislative Day 38

Floor Action

The House considered the following measures on the floor today:

• SB 33 - Torts; cause of action against perpetrators for victims of human trafficking; provide (Judy-Bonner-72nd) Dixon-45th — PASSED 164-0
• SB 86 - "Fair Business Practices Act of 1975 "; requirements for solicitations of services for corporate filings required by the Secretary of State; provide (Substitute)(Judy-Efstration-104th) Walker III-20th — PASSED 97-69
• SB 119 - Permit Required for Burning Woods, Lands, and Marshes or Other Flammable Vegetation; except certain yard waste from permitting (NR&E-McDonald-26th) Harper-7th — PASSED 126-30
• SB 144 - Housing Authorities; ability of city housing authorities to operate outside municipal boundaries without authorization; limit (GAff-Ehrhart-36th) Tippins-37th — RECOMMITTED TO RULES
• SB 187 - HOPE Scholarship; procedure for students with disability as defined by the American with Disabilities Act to apply for a waiver; establish (HEd-Wiedower-119th) Tippins-37th — PASSED 165-0
• SB 238 - Code Of Georgia; enactment of the Official Code of Georgia Annotated; revise provisions (Substitute)(CR-Efstration-104th) Strickland-17th — PASSED 166-0
• SR 134 - Public Officers; suspension of compensation; felony; provide -CA (Judy-Efstration-104th) Walker III-20th — ADOPTED 169-0

The Senate considered the following measures on the floor today:

• SR 190 - Congress; allow individuals to retain the right to use their image and likeness and shield them from copyright infringement; urge — ADOPTED 52-0
• SR 201 - SK Innovation; recognize — ADOPTED 54-0
• HB 81 - General appropriations; State Fiscal Year July 1, 2021 - June 30, 2022 — PASSED 54-0
• HB 168 - Penal institutions; certain information within inmate files of the Department of Corrections shall not be classified as confidential state secrets when requested by the district attorney; provide — PASSED 40-11
• HB 154 - Domestic relations; protection of children; strengthen, clarify, and update provisions — PASSED 51-0
• HB 210 - Motor vehicles; recording of odometer readings upon certificates of title; exempt certain vehicles — PASSED 50-0
• HB 395 - The Professional Counselors Licensure Compact Act; enact — PASSED 53-0
• HB 451 - Ad valorem tax; property; fair market value applicable to inventor; provisions — PASSED 53-0

Committee Reports

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

• SB 42, authored by Senator Jeff Mullis (R-Chickamauga), amends O.C.G.A. § 20-14-33 to stipulate that school climate determinations not include student discipline data.

Chairman Dubnik explained that although the Committee passed this bill out yesterday, the incorrect documents were turned into the Clerk’s Office. The bill was recommitted to correct that error and has no other changes. The Committee recommended the bill DO PASS and be sent back to the Rules Committee.

• SB 59, authored by Senator John Albers (R-Alpharetta), amends Title 20 relating to funding for local charter schools and charter systems. In its original form, the bill changed the percentages for calculating FTE funding under Code Section 20-2-165.1, and also requires certain federal fund allocation and facility usage or stipends for local charter schools by local education agencies.

Chairman Dubnik presented a substitute to the bill that removes the language in the final section of the bill relating to facility stipends. Chairman Dubnik also presented an amendment on behalf of Representative Todd Jones (R-South Forsyth) clarifying how charter schools are defined. Representative Jan Jones (R-Milton) and Representative Chris Erwin (R-Homer) agreed that the amendment is not necessary. The Committee recommended the bill DO PASS by Committee Substitute, and the bill proceeds to the Rules Committee.

• SB 153, authored by Senator Greg Dolezal (R-Cumming), originally amended Title 20 to create GOAL academies which operate as special charter schools with a specialized focus on dropout recovery or high school credit recovery.

Representative Jan Jones (R-Milton) presented a substitute to the bill that removes the content of the bill but still addresses the sustainability of funding for credit recovery charter schools. The substitute moves these schools from the State Charter Commission to the Department of Education, along with the 2% administrative fee currently paid to the Commission. According to Representative Jones, State funding for the schools will be maintained for the remainder of their charters, and the Department and legislators will work in the interim to craft a more sustainable funding model. No action was taken on the bill.

Senate Health and Human Services
The Senate Health and Human Services Committee, chaired by Senator Ben Watson (R-Savannah), met today to consider the following legislation.

• HB 605, authored by Representative Sharon Cooper (R-Marietta), amends Title 31 to require consent and notification of residents of long term care facilities prior to the implementation of electronic monitoring.

Representative Cooper presented the bill to the committee and explained that the pandemic has shown the importance of long term care facility transparency. She characterized the bill as a “patient protection bill.” The current version of the bill specifically permits footage obtained from a hidden camera to be used in criminal proceedings. Senator Michelle Au (D-Duluth) asked how long the footage is stored. Representative Cooper explained that this is up to the individual resident.

The committee heard testimony from advocates on both sides of the bill. The Georgia Trial Lawyers Association spoke against the bill, which they state attempts to fix a problem that does not exist in the state. Nancy Pitra spoke to the concerns which AARP has about the bill. Melanie McNeil, the state long term care ombudsman, explained a few of the requested changes that were included in the bill and expressed her support for the bill. Cathy Flood, Executive Director of the Georgia Council on Aging, spoke in favor of the change allowing footage to be used in criminal cases but urged the committee to allow for the same exemption for civil cases. Josh Belinfante spoke in support of the bill. Skin Edge spoke in favor of the bill

Senator Chuck Hufstetler (R-Rome) raised concerns that the committee has not heard from any advocates on behalf of the residents that they would feel sufficiently protected by this bill. Senator Kay Kirkpatrick (R-Marietta) asked if hidden cameras are allowed based on the bill. Representative Cooper explained that the bill is about open cameras. If a family would like to use a hidden camera, the information could be used for criminal proceedings because filming when criminal behavior is suspected is already authorized in Code. Senator Bill Cowsert (R-Athens) asked about the reasoning for not including hidden camera footage in civil proceedings. Representative Cooper explained that the bill is designed for prevention which open cameras accomplish. Senator Cowsert stated that if the objective is to hold the wrongdoers accountable, the bill should permit use of footage in civil proceedings.

The committee recommended the bill DO PASS by a vote of 7-6 with Chairman Watson voting to break the tie. Senator John Kennedy (R-Macon) will carry the legislation forward.

• HB 458, authored by Representative Sharon Cooper (R-Marietta), amends Title 43 to require sexual misconduct training for members of the Georgia Composite Medical Board. The bill also requires continuing education credits include ongoing education and training on professional boundaries and physician sexual misconduct. This training is a one-time training and it seeks to require that beginning June 2022 that the state’s medical schools will include this education in the curriculum for students. Another portion of the legislation addresses a physician who knowingly does not report a colleague’s misconduct and outlines punishment for such a report to the Composite Medical Board.

A substitute incorporates these portions and was presented today; in part it captures the Floor Amendment proposed on SB 5 to address dentists addressing ethics and professionalism (that rule is presently with the Governor for approval and this codifies that rule and regulation). The substitute legislation received a DO PASS recommendation, and it now moves to the Senate Rules Committee. Senator Kay Kirkpatrick (R-Marietta) will carry the legislation forward.

• HB 539, authored by Representative Sharon Cooper (R-Marietta), amends Title 43 to allow DCH licensed hospitals, medical schools, teaching hospitals, and clinics that provide care to predominantly Medicaid, indigent, and underserved populations to apply for a DEA registration number to write prescriptions to be filled outside the institution.

This legislation was substituted in Committee so as to provide that medical malpractice cases will be bifurcated. Stephanie Kindregan, with MAG Mutual, presented the Substitute to the Committee explaining that it is an attempt to address medical malpractice cases and the current backlog in the courts. Ms. Kindregan explained that North Carolina passed a law similar to this in 2011 and Georgia already permits bifurcation in criminal proceedings in Georgia. This bill will allow negligence to be determined and if a provider is found negligent then the damages portion of the case will begin. Dan Snipes, with the Georgia Trial Lawyers Association, spoke against the legislation, noting a similar bill had failed in the Senate Judiciary Committee. Mr. Snipes noted that judges already have the discretion to bifurcate an action.

This substitute received a DO PASS recommendation but it passed with a divided vote of 7-5. The bill now moves to the Senate Rules Committee.

• HB 653, authored by Representative Rick Jasperse (R-Jasper), amends Title 26 to add COVID-19 testing to the definition of pharmacy care. This legislation allows a pharmacist to continue to provide COVID-19 testing and serological testing for a period of 12 months after the end of the declaration of the public health emergency. This legislation received a DO PASS recommendation, and it now moves to the Senate Rules Committee. Senator Chuck Hufstetler (R-Rome) will carry the legislation forward.

Senate Higher Education Committee
Chairman Lindsey Tippins (R-Marietta) and the Higher Education Committee took up several bills in what is to be the last meeting of this Committee this session:

• HB 617, authored by Representative Chuck Martin (R-Alpharetta), seeks to permit in O.C.G.A. 20-3-680 et seq. the compensation of student athletes for name, image, and likeness. This legislation is an “enabling” bill and will be functional once Congress or NCAA or other athletic association acts. It does not allow the University System of Georgia to participate in this compensation. The legislation establishes “guardrails” according to Representative Martin so that athletes will receive training and education on contract terms. Senator Max Burns inquired about the “market value” and how that was determined; Representative Martin indicated that was what the buyer and seller would determine. This legislation received a DO PASS recommendation on the substitute, and it now moves to the Senate Rules Committee.
• HB 67, also authored by Representative Martin, was presented as a new Committee Substitute authored by Chairman Tippins. This legislation extends the automatic repeals of certain write -off amounts of small amounts of money due to the state. Chairman Tippins indicated that this legislation’s wording is similar to what was proposed in SB 109. This legislation is to prevent monies from being lapsed back to the state’s general fund. It establishes a one-year extension of time so that the General Assembly may look at this issue again next year. It will allow the University System to write off debts of up to $3,000; it does not relieve the student of that debt as he or she is required to pay those funds if he or she seeks to continue their education. Chairman Tippins noted that the legislation is about transparency of funds and allows an accumulation of up to 3 percent. This substitute received a DO PASS recommendation, and it now moves forward to the Senate Rules Committee. The legislation will be carried forward in the Senate by Senator Bill Cowsert (R-Athens).
• HB 152, authored by Representative Marcus Wiedower (R-Watkinsville), amends Chapter 3 of Title 20 to address military bases operating schools in Georgia and the inspections of those facilities. These are non-public schools providing post-secondary education. The legislation received a DO PASS recommendation, and it now moves to the Senate Rules Committee. Senator Brian Strickland (R-McDonough) will carry the legislation forward.
• HB 291, authored by Representative Katie Dempsey (R-Rome), addresses tuition equalization grants for private colleges and universities in O.C.G.A. 20-3-411. It expands the definition of what is an “approved school” so as to allow Chamberlain School of Nursing in Atlanta to be allowed to increase the capacity of nursing in the state to receive these grants. The legislation is tightly drawn for this brick and mortar facility to provide a bachelor degree in nursing to students. There were some questions regarding the fiscal impact; the tuition equalization grants will be approximately $380,000 annually but overall, calculating HOPE and Zell Miller scholarships would be somewhere between $1.1 and $1.6 million. Senator Nan Orrock (D-Atlanta) indicated she had some concerns about the proprietary schools providing education when their tuition was much greater than the tuition offered in state schools and the passage rate of students and their ability to obtain jobs upon completion of their degrees. The Committee gave a DO PASS recommendation to the legislation, and it now moves to the Senate Rules Committee. Senator Brian Strickland (R-McDonough) will carry the bill forward.
• HB 606, authored by Representative Randy Nix (R-LaGrange), spoke to the last bill on the agenda. HB 606 adds the Georgia Independent School Association to the current listing of accrediting agencies in O.C.G.A. 20-3-519 in regards to HOPE. Ms. Paula Gillespie with the Georgia Independent School Association spoke to the legislation and how her association would provide accountability and continuous improvement; this Association works with Cognia (the successor to SACS and Advanced Ed). HB 606 received a DO PASS recommendation, and it now moves forward to the Senate Rules Committee.

Rules Calendars for Legislative Day 38

The House is expected to take up the following measures on Thursday for Legislative Day 38:

• SB 28 — Juvenile Code and Domestic Relations; provisions relating to the protection of children; strengthen, clarify and update (Substitute)(JuvJ-Reeves-34th) Hatchett-50th
• SB 75 — Termination of Residential Lease; victims of stalking; provide (Judy-Gaines-117th) Jackson-41st
• SB 95 — State Government; conditions for meetings and public hearings to be held by teleconference in emergency conditions; provide (Substitute) (GAff-Lumsden-12th) Ginn-47th (Rules Committee Substitute LC 47 1062S)
• SB 165 — Motor Vehicles; autonomous vehicles from certain vehicle equipment requirements; exempt (Substitute)(MotV-Hogan-179th) Gooch-51st
• SB 193 — Ad Valorem Taxation of Property; requiring that mobile homes procure and display decals; grant counties the option (GAff-Cameron-1st) Mullis-53rd
• SB 202 — Elections and Primaries; persons or entities that mail absentee ballot applications shall mail such applications only to eligible registered electors; provide (Substitute)(SCEI-Fleming-121st) Burns-23rd (Rules Committee Substitute LC 28 0339S)
• SB 218 — Vacation of Office; suspension of compensation for certain public officers who are suspended because of indictment for a felony; provide (Judy-Efstration-104th) Walker III-20th (Rules Committee Substitute LC 28 0335S)
• SB 234 — "Georgia Uniform Mediation Act"; enact (Judy-Leverett-33rd) Kennedy-18th

The Senate has not yet set a calendar for Legislative Day 38.