Before the crack of the dawn, legislators were under the Gold Dome to continue their work for the people of Georgia. The Senate Appropriations Human Development Subcommittee kicked off discussions with a hearing at 6:30 a.m. looking closely at spending plans for some of Georgia’s most vulnerable populations — including those who have disabilities, live in foster care, and suffer from mental illness and substance abuse. While the House made quick work of their convening before departing for an early start to the weekend, senators continued to meet into the afternoon in an ongoing blitz to complete work on the Amended FY21 Budget in short order. More on these hearings and new legislation in today’s #GoldDomeReport.

In today’s Report:

• Committee Reports
• New Legislation
• Rules Calendar

Committee Reports

Senate Appropriations Committee — Human Development Subcommittee
Chairman Ben Watson (R-Savannah) and his Subcommittee looked at the Governor’s recommendations and House changes to HB 80, the FY 2021 Amended budget. The presentation was broken by agency:

• Department of Behavioral Health and Developmental Disabilities — Commissioner Judy Fitzgerald outlined her agency’s requests. Among funding items includes dollars for a Behavioral Health Crisis Center for individuals with intellectual and developmental disabilities. Chairman Watson expressed his interest in the proposed Center which would be the first of its kind in the nation. There were also questions raised by Senator Dean Burke (R-Bainbridge) regarding the two state hospitals which are no longer serving patients and, in particular, the proposed sale of the Southwest facility. Commissioner Fitzgerald noted that the property is being sold by the State Properties Commission and that an offer for the property has been made and the status was that the purchase was in the 90-day due diligence period. Commissioner Fitzgerald was also asked about the funding cut with delaying of the 40-bed forensic unit in Columbus. Commissioner Fitzgerald stated that she hoped there would be no negative impact — but the Department would be pausing the hiring and training process for the unit. Chairman Watson asked for clarification about the total number of forensic units statewide; there are around 600.
• Department of Human Services — Commissioner Robyn Crittenden presented this agency’s budget for the FY 2021 Amended. No questions were raised by Senators.
• Division of Family and Children’s Services (“DFCS”) — Director Tom Rawlings began by stating that many of his staff were just going home at this hour after working with families sometimes in hospital emergency rooms. Over the last three years, DFCS has reduced the numbers of children in foster care by 25% which has created a savings. He noted the increase in numbers of children in adoption services with 1,400 per year being adopted and the state’s need to pay for assistance to those families. Further, he mentioned over the year the increased eligibility for assistance. DFCS has distributed $3.5 billion in food stamps (SNAP) as well as distributed with the Department of Education PBEt funding for children who would receive free and reduced lunch. In the House version, Rawlings accented that there was a $266,000 reduction made due to a hiring change and an addition for the MAAC contract for the LEADS education support program which helps improve high school graduation rates. Director Rawlings explained that his agency pays the contract for the Department of Administrative Services’ handling of SNAP and Medicaid benefit appeals and the need for the $750,000 addition and outlined the need for implementing Patients First Act requiring the hiring of staff for a total of $707,000. In Out-of-Home Care, Director Rawlings explained that the agency was able to reduce $2.45 million and shift that funding to EBT cards for SNAP. Further, he mentioned the availability of funds in the Safe Harbor Fund (moneys set aside for victims of human trafficking) which is around $650,000. Chairman Blake Tillery (R-Vidalia) accented the reduction of numbers of foster care children from 15,000 to 11,500 and asked if there was savings where DFCS wanted that to be spent; Director Rawlings indicated that it should be used for mental health of children — therapeutic foster care which is a specialized service (it would be used for children who are in foster care or with families who are on the brink of having a child to go into foster care). Rawlings explained that therapeutic foster care is an “integrated system” and that DFCS is working with the Department of Community Health, along with CMS, on how to implement it. He did not have a price tag for the services. Chairman Watson indicated that this effort “sounds worthy.”
• Department of Public Health — Commissioner Kathleen Toomey, MD presented her budget, quipping she was not a surgeon like many on the Subcommittee and that morning was not her best time. She outlined some of the additions to the agency’s budget made by the House, including the funding for three positions: chief medical officer; deputy commissioner; and chief data officer. Toomey pointed out that DPH has legacy systems for its disease reporting and vaccine reporting. The standup of the Grady Regional Coordinating Center has been instrumental in responding to the pandemic and has assisted ambulances with getting patients to the hospitals with available beds. Further, she pointed out the $18 million in the Epidemiology program for a new vaccine management and disease reporting system. There is funding proposed to add back two positions which were eliminated last year in Infectious Disease and an addition of $15.4 million for the ADAP program (in response to an audit — this program is instrumental in getting medications to folks with HIV and if not funded would make Georgia the only state with a waiting list). She also outlined the Department’s receipt of more than $1 billion in federal, time limited grants — she stated that 25% of those have been spent on COVID-19 testing and contact tracing efforts. She wound up her presentation explaining that as of this morning there were 836,518 individuals who have received the COVID vaccine; Georgia is limited due to the supply of the vaccine. She stated that she does not anticipate a large supply of vaccine until April and until then the state would need to use the incremental approach, acknowledging it was frustrating for all. Senator Kay Kirkpatrick (R-Marietta) asked for clarity on the GRITS system and asked if there were needed funds for the districts and counties (if funds were found from the bond package). Commissioner Toomey indicated no grant-in-aid funds for counties had been cut and that they have received federal funds for contact tracing. Senator Burke asked for detail on the COVID-19 grants and how those grants have been expended. Senator Nan Orrock (D-Atlanta) inquired about contact tracing of cases under the “Gold Dome”; Commissioner Toomey was unaware of those specifics. She did state that much of the contact tracing underway now was around the “variants” form of the virus and tracing cases of patients who were at high risk. Chairman Watson stated that statewide there was a 10 percent positive rate; there was a 1% positive rate under the “Gold Dome.”
• Department of Veteran Services — Director Roby did not address the Subcommittee due to the brevity of time but Chairman Watson accented that a priority of the Senate was subacute therapy unit funding and that they would discuss that more in detail.
• Vocational Rehabilitation Services — Director Chris Wells highlighted that his agency had a flat budget but there were two changes of note — reduction in funds due to the delay of the hiring of a director and an addition of funds to help implement a web-based platform for individuals who were challenged by transportation.

Senate Appropriations Committee — Community Health Subcommittee
The Community Health Subcommittee of the Senate Appropriations Committee, chaired by Senator Dean Burke (R-Bainbridge), met briefly this afternoon to hear testimony from the Department of Community Health. The agency provided a quick rundown of the House’s changes from the Governor’s original recommendations. Senator Nan Orrock (D-Atlanta) cautioned the committee to remember that although Medicaid utilization has decreased because of Covid-19, the state should expect a higher utilization rate in the future when individuals are more comfortable seeking regular health care treatment.

Chairman Burke indicated the committee would vote on recommendations early next week, then adjourned the meeting.

Senate Appropriations Committee — K-12 and Higher Education Subcommittee
The K-12 and Higher Education Subcommittee of the Senate Appropriations Committee, chaired by Senator Lindsey Tippins (R-Marietta), met to hear agency presentations this afternoon. Presentations included:

• Department of Early Care and Learning — Commissioner Amy Jacobs presented her agency’s budget as passed by the House, and there were no questions from the Subcommittee.
• Governor’s Office of Student Achievement — Executive Director Joy Hawkins noted the two changes to her office’s budget, increases for its longitudinal data system and Governor’s Honors Program. There were no questions.
• Department of Education — Rusk Roam, CFO of the Department of Education, provided an overview of the House’s changes to the Governor’s recommendations. Chairman Tippins asked how the new bus funding would be allocated, to which Mr. Roam said he believed that it was based on FTE. Senator Larry Walker (R-Perry) clarified that the funding was based on the cost of a basic school bus (approximately $70,000), and districts may use other funds to purchase more expensive buses. Chairman Tippins also clarified the change to the QBE Five Mill Share, which amounts to a decrease in the net QBE earnings sent to local districts due to increasing tax digests. Chairman Tippins further inquired about testing, specifically asking about the contract terms for testing and when data would be available on the number of tests administered this year. The Department is due to provide that information to the Chairman by the end of the day.
• Georgia Student Finance Commission — GSFC President Lynne Riley presented the single change to her agency’s budget, funds added for the engineering scholarship program at Mercer University. In response to a question from Chairman Tippins, Ms. Riley noted that there could be reserve funds available for this program.
• Technical College System of Georgia — Greg Dozier, Commissioner of TCSG, appeared and provided an overview of his system’s budget. There were no questions.
• University System of Georgia — Tracey Cook-Robinson, Executive Vice Chancellor for Strategy and Fiscal Affairs, presented on behalf of the University System. There were no questions from the Subcommittee.
• Georgia Military College — General Caldwell presented to the Subcommittee on his budget. There were no questions.

New Legislation

The House read and assigned the following legislation to committee today:

• HB 159, authored by Representative Don Parsons (R-Marietta), amends Title 38 to establish the State Cybersecurity Review Board to review the cybersecurity of all state agencies. This bill was referred to the House Energy, Utilities, and Telecommunications Committee.
• HB 163, authored by Representative Sharon Cooper (R-Marietta), amends O.C.G.A. § 49-4-159.1 to direct the Department of Community Health to submit a state plan amendment to implement express lane enrollment in Medicaid. This bill was referred to the House Health and Human Services Committee.
• HB 164, authored by Representative Demetrius Douglas (D-Stockbridge), amends O.C.G.A. § 33-24-59.30 to require that all health insurers pass along at least 80% of all rebate savings from prescription drugs to enrollees. This bill was referred to the House Special Committee on Access to Quality Health Care.
• HB 167, authored by Representative Viola Davis (D-Stone Mountain), amends Title 50 to revise the state's open meetings law. The bill requires all meeting minutes for portions held in executive session must be kept in case a party requests an in-camera examination of the minutes from a court. All meeting minutes must contain information on any vote including all individuals voting against, abstaining, or being present for the meeting but not the specific vote. This bill was referred to the House Governmental Affairs Committee.
• HB 168, authored by Representative Jesse Petrea (R-Savannah), amends O.C.G.A. § 42-5-36 to exempt certain inmate records for individuals that were convicted of a dangerous sexual offense against a minor or serious violent felony from being state secret requirements when requested by a district attorney. This bill was referred to the House Judiciary Non-Civil Committee.
• 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 included in this increase. This bill was referred to the House Retirement Committee.
• HB 175, authored by Representative William Boddie (D-East Point), amends O.C.G.A. § 16-5-21 to create a new offense of aggravated strangulation by a police officer. This offense results from any police officer using any technique which results in the strangulation of a person. This bill was referred to the House Judiciary Non-Civil Committee.
• HB 177, authored by Representative Josh Bonner (R-Peachtree City), amends O.C.G.A. § 51-1-56 to create a cause of action for victims of human trafficking against their perpetrators. This bill was referred to the House Judiciary Committee.
• HB 178, authored by Representative Josh Bonner (R-Peachtree City), amends O.C.G.A. § 19-12-1 to allow victims of human trafficking to file name change petitions under seal. This bill was referred to the House Judiciary Committee.
• HB 179, authored by Representative Beth Camp (R-Concord), amends O.C.G.A. § 40-2-86 to revise the design of the special license plate to benefit breast cancer related programs. This bill was referred to the House Motor Vehicles Committee.
• HB 180, authored by Representative Marvin Lim (D-Norcross), amends O.C.G.A. § 50-1-10 to direct all officers and units of the state to maintain a database of sources of funding available to members of the public. This bill was referred to the House Governmental Affairs Committee.
• HB 181, authored by Representative Marvin Lim (D-Norcross), amends O.C.G.A. § 34-1-11 to require employers to provide newly hired employees with copies of all notices the employer is required to post in the workplace. This bill was referred to the House Industry and Labor Committee.
• HB 183, authored by Representative Marvin Lim (D-Norcross), amends O.C.G.A. § 10-1-393.13 to allow claims of violations of the Fair Businesses Practices Act to be brought in a representative capacity. This bill was referred to the House Judiciary Committee.
• HB 184, authored by Representative Marvin Lim (D-Norcross), amends O.C.G.A. § 10-1-393 to prohibit renters of property to be used as a dwelling from falsely characterizing the dwelling as meeting standards or containing certain characteristics. This bill was referred to the House Agriculture and Consumer Affairs Committee.
• HB 189, authored by Representative Matthew Wilson (D-Brookhaven), amends O.C.G.A. § 28-1-18 to outline a required process including public hearings for redistricting. The bill also requires all meetings for the redistricting process to be open to the public. This bill was referred to the House Legislative and Congressional Reapportionment Committee.
• HB 190, authored by Representative Scott Holcomb (D-Atlanta), amends O.C.G.A. § 42-1-11.4 to outlaw privately operated detention centers in the state. This bill was referred to the House Public Safety and Homeland Security Committee.
• HB 192, authored by Representative Stephen Sainz (R-Woodbine), amends O.C.G.A. § 16-7-29 and 35-3-4 to rename the Sexual Offender Registration Review Board the Sexual Offender Risk Review Board and to require the GBI to submit an analysis of criminal history record information when requested by the Board. This bill was referred to the House Judiciary Non-Civil Committee.
• HB 193, authored by Representative Steven Sainz (R-Woodbine), amends Titles 15, 17, and 35 to create the "Sexual Assault Reform Act of 2021." The bill includes requirements for a statewide sexual assault kit tracking system to track all kits along with their status as reported or unreported. This bill was referred to the House Judiciary Non-Civil Committee.
• HB 194, authored by Representative Steven Sainz (R-Woodbine), amends O.C.G.A. § 17-10-6.2 to create lifetime probation requirements for individuals convicted of a second or subsequent felony sexual assault offense. This bill was referred to the House Judiciary Non-Civil Committee.
• HR 52, authored by Representative Katie Dempsey (R-Rome), creates the Joint Study Committee on Childhood Lead Exposure. This resolution was referred to the House Health and Human Services Committee.
• HR 55, authored by Representative Matthew Wilson (D-Brookhaven), proposes a Constitutional amendment that redistricting and reapportionment be done by an independent non-partisan commission. This resolution was referred to the House Legislative and Congressional Reapportionment Committee.

The Senate read and assigned the following legislation to committee today:

• SB 43, authored by Senator Matt Brass (R-Newnan), amends O.C.G.A. § 33-6-4 to prohibit insurance plans with eye care benefits from requiring optometrists to provide discounts for non-covered eye care treatment for patients within the insurer's plan. This bill was referred to the Senate Insurance and Labor Committee.
• SB 45, authored by Senator Bruce Thompson (R-White), amends O.C.G.A. § 41-1-31.1 to permit military spouses licensed in other states to receive a license by endorsement if the individual: establishes residency in the state, holds a current license to practice the occupation in another state prior to relocating and the other state has substantially similar requirements to obtain a license, is in good standing in the other state, and passes an examination to demonstrate knowledge of the laws and rules and regulations, of the state specific to practice. This bill was referred to the Senate Regulated Industries and Utilities Committee.
• SB 46, authored by Senator Dean Burke (R-Bainbridge), amends various Code sections in Title 31 to grant the ability to administer vaccines to EMS workers. The expanded allowance applies only to vaccines for illnesses for which there are declared public health emergencies. Additionally, the bill removes the exemption for children under 18 to register with the statewide vaccination registry for vaccinations administered as a result of a declared public health emergency. This bill was referred to the Senate Health and Human Services Committee.
• SB 47, authored by Senator Steve Gooch (R-Dahlonega), amends Title 20 to expand eligibility for the Georgia Special Needs Scholarship. Specifically, the bill replaces the 11 existing qualifying conditions with 21 classes of conditions that must be established by a "formal diagnosis from a licensed physician or psychologist or a Section 504 Plan" relating to the qualifying condition(s). A student's scholarship amount would be the lesser of an allocation "equivalent to the costs of the educational program that would have been provided for the student in the resident school system" or actual tuition and fees, which may include assessments, uniforms, therapies, athletics, before or after school care, books and school supplies, food, tutoring, summer school, and field trips. The legislation requires the State Board of Education to adopt rules regarding "student eligibility, transparency, and awareness of the impact of the program" that include collection of information and reporting on parental satisfaction and estimated scholarship amounts. The bill was assigned to the Senate Education & Youth Committee.

Rules Calendar

The Senate will take up the following items on Monday for Legislative Day 9:

• SB 6 — "Tax Credit Return on Investment Act of 2021"; enact (FIN-56th)
• 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-24th)
• SR 30 — State Election Board; Matthew Mashburn; appoint (RULES-46th)