The Super Bowl festivities of yesterday seemed like a decade ago as the General Assembly got down to business today with a large number of new bills entering the legislative process. Convening for Legislative Day 13, however, did not bring forward a new schedule for the General Assembly to follow as neither body put forth a new calendar for their adjournment. Thus, lawmakers will convene in the morning at 10 a.m. to move forward the people’s business.

Read on for new bills and committee actions in today’s #GoldDomeReport.

In today’s Report:

• Senate Floor Action
• Committee Reports
• New Legislation
• Rules Calendar for Legislative Day 14

Senate Floor Action

The Senate took up a single measure on the floor today. SB 5, authored by Senator Kay Kirkpatrick (R-Marietta), amends Title 43 relating to sedation in non-hospital settings. The bill directs the Georgia Composite Medical Board to establish rules regarding the use of sedation in “office based surgeries,” which are defined as “any surgery or invasive medical procedure requiring sedation, when performed in a location other than a hospital, hospital associated surgical center, or an ambulatory surgical facility, including, but not limited to, physicians' offices and medispas.”

Senator Jen Jordan (D-Atlanta) proposed an amendment that would require dentists to acknowledge the need to supervise sedated patients to prevent instances of sexual assault. Her amendment garnered a number of questions from her colleagues including complaints that perfecting a bill is done in the committee process. Senator Jordan responded that members of the minority party are often left to perfect legislation on the Senate Floor as amendments are not always permitted in committee. She argued her proposed amendment was about patient safety and that it was germane and appropriate to the bill. Senator Jordan’s amendment failed with a vote of 18-26; the bill passed the Senate 45-0 and now moves to the House.

Committee Reports

House Energy, Utilities, and Telecommunications Subcommittee
The energy subcommittee of the House Energy, Utilities, and Telecommunications Committee, chaired by Representative Chuck Martin (R-Alpharetta) met this afternoon to consider two measures:

• HB 76 which amends O.C.G.A. § 46-4-164 to increase the percentage limitation of EMC investments in a gas affiliate. Current law allows investments up to 15%. This bill increases that amount to 60%. Representative John Carson (R-Marietta) presented the bill. He explained that this bill is identical to the same effort in the previous session. Craig Dowdy spoke in support of the bill on behalf of Gas South.
• HB 150 which amends O.C.G.A. § 46-1-6 to prohibit local governmental entities from adopting policies that prohibit the connection or reconnection of any utility service based on the source of energy or fuel. Representative Bruce Williamson (R-Monroe) presented the bill. He explained that the bill will help consumers keep energy costs down and will protect jobs across a variety of sectors in the state. The bill was introduced as a substitute which clarifies that power generation entities are not affected by the bill. The subcommittee hopes to hold another hearing on the bill on Thursday.
  
  The committee heard testimony from a variety of individuals:
  • Shelby Buso from the City of Atlanta spoke in opposition of the bill. She explained the city would like the autonomy as a local municipality to express the will of its own citizens. She expressed concerns that the bill’s language was overly broad which could prevent other types of building code regulations.
  • Carol Myers, a County Commissioner in Athens, spoke in opposition of the bill. She stated that the bill limits the city’s ability to enact local control.
  • Michael Songster, owner of a small construction company in Athens, spoke against the bill. He explained that his company constructs homes that do not require natural gas which improves air quality and lowers energy costs.
  • Nick Palumbo, an Alderman from Savannah, spoke in opposition of the bill. He expressed his views that local control should allow cities to make their own decisions. He characterized this bill as stifling innovation and decreased marketplace competition.
    • Representative David Dryer (D-Atlanta) asked if Alderman Palumbo thought this bill would make it more difficult for Savannah to address climate change and rising sea levels. Mr. Palumbo answered in the affirmative.
    • Representative Derrick Jackson (D-Tyrone) expressed concerns that without this bill, a locality could force consumers to use certain types of non renewable energy.
  • Jennette Gayer, Director of Environment Georgia, spoke in opposition of the bill. She expressed concerns about pipeline pollution and eminent domain issues if cities are required to allow natural gas.
  • Ann Millinger Birdsong, a physician and public health expert, spoke in opposition of the bill. She expressed concerns about the effects of natural gas in homes on children and their development.
  • Stephen Loftin spoke in favor of the bill on behalf of the Georgia Natural Gas Association. He explained that a number of local governments across the country have banned natural gas. He stated while net carbon emission goals are commendable, the bans ignore the clean burning aspect of natural gas. Representative David Dryer asked a clarification question about the true scale of natural gas’ clean burning qualities. He also stated that at some point in the future it will make sense for local municipalities to require renewable energy sources. Mr. Loftin explained that those decisions should be made by consumers and governments should not make decisions for them.
  • Scott Tolleson with the Georgia Municipal Gas Association spoke in support of the bill.
  • Brad Mock with the Georgia Association of Realtors spoke in favor of the bill. He explained that the association is in support of consumer choice for homebuyers.
  • Daniel New from the Georgia Restaurant Association spoke in support of the bill. He explained that gas powered grills are very important for the restaurant industry and the lower costs help with the low profit margins in the industry.
  • Alex Bradford from the Georgia Farm Bureau spoke in support of the bill. The large number of uses for natural gas in the agriculture industry requires the ability for farmers to choose their own energy sources.
  • Tyler Misel from the Georgia Propane Gas Association spoke in favor of the bill. He noted consumer choice as the primary driver of the association’s support.

No votes were taken on either bill.

General Government Subcommittee of the House Government Affairs Committee
The General government Subcommittee of the House Government Affairs Committee met this afternoon to consider the following measure:

• HB 98, by Representative Eddie Lumsden (R-Armuchee), permitting cities and counties to conduct hearings by zoom or other virtual mechanisms. ACCG testified in favor of the bill and the subcommittee subsequently moved the bill DO PASS.

House Public Safety and Homeland Security Committee
Chairman J Collins (R-Villa Rica) and his Committee dealt with one bill this afternoon, Representative Sam Watson’s (R-Moultrie) HB 129. The legislation fixes a glitch which occurred in 2019 affecting 10 counties which were left out of pay increases for their sheriffs. The counties impacted all had populations between 39,000-49,999 and the 5 percent salary increase for those sheriffs was not made to adjust the salary paid from $79,762 to $83,750. HB 129 received a DO PASS recommendation.

Senate Judiciary Committee
The Senate Judiciary Committee, chaired by Senator Brian Strickland (R-McDonough), met and considered two bills today:

• SB 33, authored by Senator Clint Dixon (R-Buford), amends O.C.G.A. § 51-1-56 to grant a civil cause of action to the attorney general and victims of human trafficking against their perpetrators. The bill also creates a 10-year statute of limitations and provides for a stay of any such suit while criminal actions are pending. The legislation is a priority for First Lady Marty Kemp.

Senator Dixon presented the bill to the Committee. Senator Elena Parent (D-Atlanta) asked if the cause of action could extend to corporate entities like hotels and apartment complexes as “perpetrators”, to which Senator Dixon noted that it could extend that far if such entities are knowing beneficiaries of the trafficking. Senator Kay Kirkpatrick (R-Marietta) asked if 10 years is typical for a statute of limitations in this type of circumstance, to which Senator Dixon said yes. Senator John Kennedy (R-Macon) asked what kind of “appropriate relief” the attorney general might seek under the bill, to which Trey Bennett of the Governor’s Office noted that this language is almost exactly the same as in the related federal cause of action. He also noted the 10 year statute of limitation is the same under federal law.

John Melvin of the Georgia Bureau of Investigation spoke in favor of the legislation. He explained that the bill language allows investigators and prosecutors to deal with “deliberate ignorance” of perpetrators, and “appropriate relief” can allow for civil forfeiture.

The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• SB 34, authored by Senator Clint Dixon (R-Buford), amends O.C.G.A. § 19-12-1 to allow victims of human trafficking to petition a court for a change of name under seal and seek waiver of the public notice requirement. This bill extends these protections that are already provided to domestic violence victims to trafficking victims. The legislation is a priority for First Lady Marty Kemp.

Senator Dixon presented the bill to the Committee. Senator Elena Parent (D-Atlanta) asked how common the issues are that necessitate the legislation, to which Trey Bennett of the Governor’s Office noted that they know of several anecdotal cases.

The Committee recommended the bill DO PASS and be sent to the Rules Committee.

New Legislation

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

• HB 293, authored by Representative Pete Marin (D-Duluth), amends Title 40 to require that special parking permits issued to persons with disabilities include a photograph of the person to whom the permit is issued. This bill was referred to the House Motor Vehicles Committee.
• HB 300, authored by Representative Gregg Kennard (D-Atlanta), amends Title 35 to provide for automatic restriction of certain criminal history record information for individuals who have completed their sentences and paid restitution. The bill provides for certain excluded offenses, as well as purposes for which such information shall remain available. This bill was referred to the House Judiciary Non-Civil Committee.
• HB 301, authored by Representative Sam Park (D-Lawrenceville), amends Title 44 to provide for certain notices to tenants for dispossessory proceedings. The bill also provides for varying notice timetables for notice of termination and considerations for the court in staying a writ of possession. This bill was referred to the House Judiciary Committee.
• HB 302, authored by Representative Martin Momtahan (R-Dallas), amends Title 48 to require that the proceeds of local government regulatory fees be used to pay for the regulatory activity related to its collection and not general operations. The bill also deletes sections of code relating to the calculation of regulatory fees for construction projects. This bill was referred to the House Ways and Means Committee.
• HB 304, authored by Representative Jodi Lott (R-Evans), amends Title 48 to provide for a tax credit for medical equipment and supplies manufacturers and pharmaceutical and medicine manufacturers. Specifically, the bill provides for an additional $1,250 credit for each new job created. This bill was referred to the House Ways and Means Committee.
• HB 305, authored by Representative Lee Hawkins (R-Gainesville), amends Title 43 relating to the qualification of courses and instructors for continuing education of licensed massage therapies. Specifically, the bill requires that such educational programs and instructors be approved by a national massage therapy certifying organization or entity approved by the Board of Massage Therapy. This bill was referred to the House Regulated Industries Committee.
• HB 306, authored by Representative Stan Gunter (R-Cornelia), amends Title 14 to provide that a corporation may hold annual shareholders' meetings and special shareholders' meetings by means of remote communication. This bill was referred to the House Banks and Banking Committee.
• HB 307, authored by Representative Sharon Cooper (R-Marietta), amends the Georgia Telehealth Act in Title 33 to authorize health care providers to provide telemedicine services from home and patients to receive telemedicine services from their home, workplace, or school. The bill also provides that no insurer may require a deductible or an in-person consultation before providing coverage for telemedicine services. Additionally, the bill institutes restrictions on utilization review and requires insurers allow open access to telehealth and telemedicine services, including the provision of prescription medications. This bill was referred to the House Health and Human Services Committee.
• HB 308, authored by Representative Matthew Wilson (D-Brookhaven), amends Title 16 to authorize counties to adopt ordinances governing and punishing the possession of one ounce or less of marijuana in the unincorporated areas of a county. This bill was referred to the House Judiciary Committee.
• HB 313, authored by Representative Sam Park (D-Lawrenceville), amends Title 35 to create a Georgia State Law Enforcement Citizen Review Council. The council would receive complaints from the public regarding alleged misconduct relating to sworn officers of the Georgia State Patrol, the Motor Carrier Compliance Enforcement Section, and the Capitol Police Division, and advise the Department of Public Safety on matters related to discipline for officer misconduct. This bill was referred to the House Judiciary Non-Civil Committee.
• HB 316, authored by Representative Ron Stephens (R-Savannah), amends Title 26 to increase the pharmacist to pharmacy technician ratio for providing direct supervision at any time from three to four. This bill was referred to the House Health and Human Services Committee.
• HB 317, authored by Representative Ron Stephens (R-Savannah), amends Title 48 to extend certain taxes and fees on hotels and lodging to "marketplace innkeepers" who provide rooms and accommodations through the internet. This bill was referred to the House Ways and Means Committee.
• HB 319, authored by Representative Chuck Martin (R-Alpharetta), amends Title 20 to prohibit schools from barring a student's participation in interscholastic sports based on a change in residence precipitated by divorce, change in or death of custodial parent or legal guardian, or change in foster care placement. This bill was referred to the House Education Committee.
• HB 320, authored by Representative Yasmin Neal (D-Morrow), amends Title 33 to require health care insurers to offer group health benefit plans to state and local governments to insure inmates and certain other persons in police custody. This bill was referred to the House Insurance Committee.
• HB 321, authored by Representative Yasmin Neal (D-Morrow), amends Title 33 to require health care insurers to offer group health benefit plans to hospitals to provide health insurance coverage for uninsured hospital patients. This bill was referred to the House Insurance Committee.
• HB 322, authored by Representative Marcus Wiedower (R-Watkinsville), amends Titles 15, 19, and 49 to redefine "sexual exploitation" in relation to the Juvenile Code, domestic relations, and child abuse records to exclude prostitution. This bill was referred to the House Juvenile Justice Committee.
• HB 323, authored by Representative Marcus Wiedower (R-Watkinsville), amends Title 15 to expedite and prioritize processes for the termination of parental rights in certain cases involving parental incapacity and child maltreatment. This bill was referred to the House Juvenile Justice Committee.
• HB 324, authored by Representative Marcus Wiedower (R-Watkinsville), amends Title 15 to provide that interested parties may intervene and participate in dependency proceedings under certain circumstances by filing a motion for order to show cause. This bill was referred to the House Juvenile Justice Committee.
• HR 96, authored by Representative Yasmin Neal (D-Morrow), urges the Georgia Department of Education to create a textbook and curriculum for African American studies. This resolution was referred to the House Education Committee.

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

• SB 91, authored by Senator Donzella James (D-College Park), amends Title 20 to require local boards of education to provide feminine hygiene products to students in grades 6-12 at no charge to the students. This bill was referred to the Senate Education and Youth Committee.
• SB 92, authored by Senator Randy Robertson (R-Cataula), amends Title 16 to prohibit the sale to and by minors of drug products containing dextromethorphan. This bill was referred to the Senate Judiciary Committee.
• SB 95, authored by Senator Frank Ginn (R-Danielsville), amends Title 50 to provide conditions for meetings and public hearings to be held by teleconference in emergency conditions and to provide conditions for certain agency members to participate in nonemergency meetings by teleconference. This bill was referred to the House Government Oversight Committee.
• SB 100, authored by Senator Ben Watson (R-Savannah), amends Title 50 provide that Georgia shall observe standard time year round until such time as Congress authorizes the states to observe daylight savings time year-round. If such is authorized by Congress, Georgia would automatically observe daylight savings time year-round. This bill was referred to the Senate Government Oversight Committee.
• SB 101, authored by Senator Elena Parent (D-Atlanta), amends Title 35 to provide for a process by which a person may petition a court to purge information relating to such person's involuntary hospitalization from the Georgia Crime Information Center. This bill was referred to the Senate Judiciary Committee.
• SB 102, authored by Senator John Kennedy (R-Macon), amends Title 46 to prohibit governmental entities from adopting any policy that prohibits the connection or reconnection of any utility service based upon the type or source of energy or fuel. This bill was referred to the Senate Regulated Industries and Utilities Committee.
• SB 103, authored by Senator Donzella James (D-College Park), amends Title 33 to provide that diagnostic examinations for breast cancer shall not be treated less favorably by an insurer than screening examinations for breast cancer with respect to cost-sharing requirements and treatment limitations. This bill was referred to the Senate Insurance and Labor Committee.
• SR 76, authored by Senator Lester Jackson (D-Savannah), creates the Senate Study Committee on Employee Misclassification to evaluate how employers classify workers as employees, contractors, or otherwise. This resolution was referred to the Senate Rules Committee.

Rules Calendar for Legislative Day 14

The Senate is expected to consider the following measures on Tuesday for Legislative Day 14:

• HB 80, authored by Speaker David Ralston (R-Blueridge), is the FY 2021 Amended Budget.
• SR 26, authored by Senator Tyler Harper (R-Ocilla), is a constitutional amendment proposal to allow the state to enter into general obligation debt for local airports.
• SB 4, authored by Senator Kay Kirkpatrick (R-Marietta), seeks to create a new Article within Chapter 5 of Title 26 to prohibit substance abuse providers from receiving referral fees or reimbursement related to patient referrals. The bill also amends Title 33 to prevent unfair billing practices for drug testing in substance abuse programs. Senator Kirkpatrick presented the bill to the Senate Health and Human Services Committee, and stated that it implements regulation of recovery residences that are not currently regulated. Senator Kirkpatrick noted that the bill passed the Senate last year and does not affect direct treatment facilities. The legislation prohibits patient brokering, mirroring federal anti-kickback language, and bars the unbundling of drug tests.