Gold Dome Report - Legislative Day 26 - February 2024

Nelson Mullins Riley & Scarborough LLP

The Georgia General Assembly kicked off Crossover Week on Monday, intensifying the mad dash for legislators and lobbyists working to ensure their bills pass their origin chamber and live to see Legislative Day 29. Expect early mornings and late nights this week, but consider it spring training for Legislative Day 40. Let’s just hope that, unlike MLB’s spring training, the only equipment malfunctions involve the Speaker’s bucket of broken gavels.

The House and Senate met expectations on Legislative Day 26 with both chambers tackling lengthy Rules Calendars before adjourning to committee meetings after 4 p.m. As committees continue to meet after our deadline, we have the action so far in this #GoldDomeReport.

In this Report:

  • Floor Notes
  • Committee Reports
  • New Legislation
  • What’s Next

Floor Notes

The House took up the following measures on Legislative Day 26:

  • HB 481 - Public Retirement Systems Investment Authority Law; provide for a fiduciary duty — PASSED 114-51
  • HB 825 - Judicial Retirement System; require certain counties to supplement retirement benefits paid to the circuit's superior court judges and district attorneys; require — PASSED 160-0
  • HB 808 - Ad valorem tax; increase a statewide exemption for tangible personal property — PASSED 125-42
  • HB 927 - Game and fish; fluorescent pink hunting outer garments; authorize — PASSED 166-1
  • HB 957 - Water, ports and watercraft; penalties for failing to remove abandoned vessel; revise — PASSED 170-0
  • HB 1028 - Education; repeal requirement of screening of public school children for scoliosis; provisions — PASSED 167-0
  • HB 1040 - Mortgage lenders and brokers; prohibit unfair or deceptive practices in consumer transactions related to mortgage trigger leads — PASSED 169-1
  • HB 1078 — Community Health, Department of; Georgia Program of All-Inclusive Care for the Elderly (PACE); establish and implement - PASSED 165-1
  • HB 1090 - Income tax; contributions to foster child support organizations; expand tax credit — PASSED 168-1
  • HB 1100 - Revenue, Department of; authorize use of electronic notifications and communications to motor vehicle owners; provisions — PASSED 99-68
  • HB 1165 - Criminal Justice Coordinating Council; replace chairperson of the Governor's Office of Children and Families with the commissioner of the Georgia Department of Behavioral Health and Developmental Disabilities — PASSED 167-1
  • HB 1172 - Water rights; public trust doctrine; remove references — PASSED 107-60
  • HB 1218 - Wills, trusts and administration of estates; notice to beneficiaries of a testate estate; provide — PASSED 168-0
  • HB 1237 - Agriculture; agricultural commodity commissions; revise a definition — PASSED 166-0
  • HB 1240 - Uniform Commercial Code Modernization Act of 2024; enact — PASSED 163-1
  • HB 1247 - Property; provide for transfer-on-death deeds — PASSED 171-0
  • HB 1264 - Professions and businesses; establish a professional health program to provide for monitoring and rehabilitation of impaired healthcare professionals; authorize — PASSED 171-0
  • HR 1113 - Property; granting of nonexclusive easements; authorize — PASSED 165-0
  • HR 1116 - Property; conveyance of certain state owned property; authorize — PASSED 166-0

The Senate took up the following measures on Legislative Day 26:

  • SB 10 - Offenses Against Public Order And Motor Vehicles and Traffic; knowingly attending and facilitating an illegal drag race or a laying drags exhibition; punishment; provide — PASSED 46-6
  • SB 235 - "HBCU Innovation and Economic Prosperity Planning Districts Act"; enact — PASSED 46-7
  • SB 351 - "Protecting Georgia's Children on Social Media Act of 2024"; enact — PASSED 51-1
  • SB 384 - Public Officers and Employees; development and administration of the State of Georgia as a Model Employer (GAME) Program; provide — PASSED 51-1
  • SB 399 - Board of Regents of the University System of Georgia; to enter into and amend existing agreements with the State Board of the Technical College System of Georgia; encourage and state expectations — PASSED 53-0
  • SB 429 - "Small Business Protection Act of 2024"; enact — PASSED 40-13
  • SB 440 - 'Accelerated Career Diploma Program'; ACE Grants pilot program; establish and provide — PASSED 52-1

The Senate TABLED the following measures on Legislative Day 26:

  • SB 147 - "Boundless Opportunities for Georgia Students Act"; enact
  • SB 171 - Development Authorities; the length of a director's hold-over period following expiration of term of office; limit
  • SB 324 - State Printing and Documents; a victim centered address confidentiality program; provide
  • SB 368 - Government Transparency and Campaign Finance; foreign nationals from contributing to candidates or campaign committees; prohibit
  • SB 402 - Instruction Permits; restrictions upon the operation of Class C motor vehicles by Class D license holders with certain passengers in the vehicle; revise
  • SB 433 - Nonprofit Corporations; enact "Donor Intent Protection Act"; provide definitions; charitable organizations from violating the terms of charitable contributions; prohibit
  • SB 450 - Courts; property, and wills, trusts, and administration of estates; neither superior court nor a state court shall have appellate jurisdiction pursuant to Chapter 3 of Title 5; clarify
  • SB 473 - "Georgia Consumer Privacy Protection Act"; consumer personal data in this state; protect the privacy
  • SR 570 - Senate Supporting Safety and Welfare of All Individuals in Department of Corrections Facilities Study Committee; create
  • SR 583 - Dr. Robert F. Sullivan Memorial Highway; Franklin County; dedicate
  • SR 609 - Princess Trahlyta; dedicate a roundabout in her memory

Committee Reports

Conference Committee on FY 2024 Amended Budget

Conferees (Representatives Matt Hatchett, Jan Jones, Penny Houston, and Senators Blake Tillery, John Kennedy, and Steve Gooch) met this morning to talk about the 11 pages of differences in the FY 2024 Amended Budget. Weeks have been spent looking over this spending plan per Senator Tillery (R-Vidalia), who remarked that the House and Senate are trying to make decisions together — some of the priorities include the Senate’s education priorities, addressing cell phones/signals in prisons, improving retention of state employees, and funding $1.5 billion for transportation. Representative Matt Hatchett (R-Dublin) noted that the meeting was historic as he was seated between two women as Speaker Jon Burns (R-Newington) appointed retiring Representative Penny Houston (R-Nashville) to the Conference Committee. This Amended Budget is $5 billion more than the original plan the General Assembly passed in 2023 for FY 2024.

Senate Health & Human Services Committee

The Senate Health & Human Services Committee, chaired by Senator Ben Watson (R-Savannah), met on Monday afternoon to consider the following measures:

  • HB 991, authored by Representative Shaw Blackmon (R-Bonaire), amends Title 31 to extend the sunset provision of the Hospital Medicaid Financing Program. The bill extends the sunset from June 30, 2025, to June 30, 2030.

Blackmon presented the bill to the committee, which recommended the bill DO PASS and be sent to the Rules Committee without discussion.

  • HB 1035, authored by Representative Sharon Cooper (R-Marietta), seeks to permit an expansion of supplying opioid antagonists through vending machines in Titles 16 and 26. The bill also makes several other adjustments to the law to increase access to opioid antagonists.

Cooper presented the bill to the committee and explained that she was approached by Emory University about being able to have Narcan (or other opioid antagonists) in vending machines on campus. Sydney Wilkins of Emory University and Jeff Breedlove of the Georgia Council for Recovery spoke in support of the measure. The committee recommended the bill DO PASS by substitute (LC 33 9067S) and be sent to the Rules Committee.

Senate Economic Development and Tourism Committee

Chairman Brandon Beach (R-Alpharetta) and his committee met this morning with Senator Greg Dolezal (R-Cumming) to complete the quorum necessary for action. The committee discussed Senator Derek Mallow’s (D-Savannah) proposal SB 534, which is to amend the “Fair Business Practices Act of 1975.” This legislation would add a new paragraph (36) at O.C.G.A. 10-1-393(b) to require that consumers be provided a detailed receipt by innkeepers (particularly Expedia and Airbnb). The goal is for consumers to have an understanding of what they are paying for, such as local taxes and fees on any room or accommodations that are rented or leased. The committee gave the proposal a DO PASS recommendation. This committee will not meet again before Crossover Day on February 29.

House Ways and Means Committee

Chairman Shaw Blackmon (R-Bonaire) called the House Committee to order Monday afternoon to discuss several measures:

  • HB 1023, authored by Representative Bruce Williamson (R-Monroe), amends Title 48 to extend the filing penalty for corporations and to match the income tax rate on corporations with individuals. LC 50 0082S strikes Section 4 to eliminate the net worth tax. Sections 1-3 remain as previously passed. The measure received a DO PASS recommendation again.
  • HR 1021, authored by Representative Ron Stephens (R-Savannah), is a Constitutional Amendment for senior citizens 65 and older to allow $500 deducted from their property taxes. Upon approval of the statewide referendum, the measure also requires local governments to opt in and is connected to enabling legislation. An amendment was passed, changing line 23 to insert “or the states minimum wage or whichever is higher” after $10. The measure, as amended, received a DO PASS recommendation.
  • HB 464, authored by Blackmon, amends Title 48 to revise the state income tax rate. The measure was accidentally sent back to the committee. The measure received a DO PASS recommendation.
  • HB 284, authored by Representative Beth Camp (R-Concord), amends Title 33 regarding health care sharing ministries. This measure allows ministries deductions that might not be allowed on federal taxes but allows state tax deductions. The measure received a DO PASS recommendation with opposition.
  • HR 1041, authored by Representative Dale Washburn (R-Macon), is a Constitutional Amendment to allow counties the option to use alternative methods of valuing real property. The author believes it could lower administrative costs if passed and approved at the municipal level. This method seeks to freeze existing tax digests and would not apply until a property is sold. Voters would get to decide, and the local government would have to opt in. The local government would then be given a five-year period to change their decision should they opt-in. Representative Debbie Buckner (D-Junction City) raised the concern that this can create a barrier for new property owners. Representative Chuck Martin (R-Alpharetta) expressed concern for new business owners. The measure received a DO PASS recommendation with opposition.
  • HB 1225, authored by Representative Martin, amends Title 48 regarding joint city and municipality sale and use taxes. LC 50 0797S creates Section 3, which is a “fix” from ACCG for the methodology prescribed in the measure. Representative Buckner asked if counties would be excluded from LOST negotiations. The measure received a DO PASS recommendation.
  • HR 1115, authored by Blackmon, is a Constitutional Amendment for qualified low-income building projects. This measure would create a separate class for ad valorem tax for qualified low-income housing projects as defined in the federal code. The measure received a DO PASS recommendation.
  • HB 893, authored by Representative Mandisha Thomas (D-South Fulton), amends Title 48 regarding agricultural land. The author could not present the measure, so it was held for further consideration.

House Education Committee – Curriculum Subcommittee

The Curriculum Subcommittee of the House Education Committee, chaired by Representative Bethany Ballard (R-Warner Robins), met on Monday to consider the following measures:

  • HB 1131, authored by Representative Rick Townsend (R-St. Simons Island), amends Title 20 to provide for evidence-based suicide awareness and training programs and evidence-based youth violence prevention training programs. The bill also provides for student violence prevention clubs and local policies for anonymous reporting.

Townsend presented the bill to the subcommittee, explaining that it comes from Sandy Hook Promise and has already been adopted in Ohio. Lauren Fralick spoke in support of the bill on behalf of Sandy Hook Promise. The subcommittee recommended the bill DO PASS and be sent to the full Education Committee.

  • HB 1276, authored by Representative Brent Cox (R-Dawsonville), is the Georgia High School NIL Protection Act. The bill amends Titles 20 and 39 to provide for high school student-athletes and prospective student-athletes to receive name, image, or likeness compensation.

Cox presented the bill to the subcommittee, explaining it is likely to only affect 30-50 student-athletes in Georgia. Jody Hines of the Georgia High School Association testified that the association has already adopted some guidelines relating to this issue. When asked by Education Chairman Chris Erwin (R-Homer) about whether his bill needed more work, Cox said he thought it was ready to go but asked that there at least be a study committee on the topic. Erwin moved that the bill be tabled, and the subcommittee TABLED the bill.

  • HB 1198, authored by Representative Debra Bazemore (D-South Fulton), amends Title 20 to provide for the State Board of Education to establish a three-year pilot immersive writing program for eligible public elementary schools. The bill also provides for grant funds for eligible public schools to develop and implement immersive writing programs for students in grades two through four.

Representative Becky Evans (D-Atlanta) presented the bill on Bazemore’s behalf. No action was taken on the bill.

House Education Committee

The House Education Committee, chaired by Representative Erwin (R-Homer), met on Monday after adjournment of the Curriculum Subcommittee to consider the following measures:

  • HB 1104, authored by Representative Omari Crawford (D-Decatur), amends Title 20 to address mental health risks for student-athletes. Specifically, the bill requires that school athletic associations collaborate with the Department of Behavioral Health and Developmental Disabilities to develop mental health awareness materials for posting online and requires coaches to review mental health awareness materials annually.

Crawford presented the bill to the committee as a substitute, explaining that the new version of the bill does not increase any screening requirements but simply requires the development, posting, and review of mental health awareness materials focused on student-athletes. The committee recommended the bill DO PASS by substitute and be sent to the Rules Committee.

  • HB 1131, authored by Representative Rick Townsend (R-St. Simons Island), amends Title 20 to provide for evidence based suicide awareness and training program and evidence based youth violence prevention training programs. The bill also provides for student violence prevention clubs and local policies for anonymous reporting.

Townsend presented the bill to the Committee. Erwin asked whether the author worked with any local school districts on the bill, to which Townsend said not any individual districts. The committee recommended the bill DO PASS and be sent to the Rules Committee.

New Legislation

The following new legislation of interest has been introduced in the House:

H.B.1375

Sales and use tax; exempt materials used in construction of capital outlay projects for educational purposes; provisions

Rep. Yasmin Neal (D-079)

https://www.legis.ga.gov/legislation/67364

H.B.1377

Health; use of state resources to advocate for citizens in support of Medicaid expansion under the Affordable Care Act; repeal prohibition

Rep. Scott Holcomb (D-081)

https://www.legis.ga.gov/legislation/67369

H.B.1380

Motor vehicles; operation upon approach by a law enforcement vehicle for purposes of a traffic stop; provide

Rep. Farooq Mughal (D-105)

https://www.legis.ga.gov/legislation/67374

H.B.1381

Education; establish standards for literacy coaches under the Professional Standards Commission

Rep. Becky Evans (D-089)

https://www.legis.ga.gov/legislation/67380

H.B.1383

Law enforcement officers; arrests without warrant; revise authority

Rep. Matt Reeves (R-099)

https://www.legis.ga.gov/legislation/67382

H.B.1384

Education; number of accumulated sick leave days for teachers and other school personnel; increase from three to five

Rep. Brent Cox (R-028)

https://www.legis.ga.gov/legislation/67383

H.B.1387

Quality Basic Education Act; history of Black Americans; provide coursework

Rep. Solomon Adesanya (D-043)

https://www.legis.ga.gov/legislation/67387

H.B.1390

Crimes and offenses; sale of low THC oils; revise penalties

Rep. Eric Bell (D-075)

https://www.legis.ga.gov/legislation/67425

H.B.1393

Education; minimum salary schedule for Georgia's Pre-K Program lead teachers; provide

Rep. Eric Bell (D-075)

https://www.legis.ga.gov/legislation/67428

H.B.1395

State tort claims; remove immunities from certain actions of law enforcement officers

Rep. Eric Bell (D-075)

https://www.legis.ga.gov/legislation/67432

H.B.1396

Education; public schools to implement an English and Spanish dual language immersion program for students in kindergarten through grade five; require

Rep. Eric Bell (D-075)

https://www.legis.ga.gov/legislation/67430

H.R.1230

General Assembly; creation of Children First Trust Fund ; provide by law - CA

Rep. Lisa Campbell (D-035)

https://www.legis.ga.gov/legislation/67370

H.R.1231

House Study Committee on Maternal, Prenatal, and Pediatric Care Access and Funding; create

Rep. Mark Newton (R-127)

https://www.legis.ga.gov/legislation/67376

H.R.1232

State of Georgia; import some prescription drugs from Canada to lower the cost of drug prices; urge

Rep. Lisa Campbell (D-035)

https://www.legis.ga.gov/legislation/67384

H.R.1237

Children in foster care; commend

Rep. Sheila Jones (D-060)

https://www.legis.ga.gov/legislation/67395

H.R.1254

General Assembly; legalization and regulation of marijuana; provide - CA

Rep. Eric Bell (D-075)

https://www.legis.ga.gov/legislation/67424

H.R.1255

House Study Committee on Combating Human Trafficking in Major Transportation Areas; create

Rep. Eric Bell (D-075)

https://www.legis.ga.gov/legislation/67435

The following new legislation of interest has been introduced in the Senate:

S.B.555

Sales and Use Taxes; sales of clothing and school related supplies during the second week of August each year; exempt

Sen. Rick "Ricky" Williams (R-025)

https://www.legis.ga.gov/legislation/67375

S.B.556

Education; State Board of Education to establish a three-year pilot robotics program for eligible public schools; provide

Sen. Sonya Halpern (D-039)

https://www.legis.ga.gov/legislation/67419

S.R.678

Clean Energy; creation of thriving-wage green jobs, and an equitable clean energy transition; support state goal

Sen. Sheikh "Chad" Rahman (D-005)

https://www.legis.ga.gov/legislation/67412

What’s Next

The General Assembly will reconvene for Legislative Day 27 on Tuesday, Feb. 27, 2024, at 10 a.m.

The House is expected to take up the following measures on Legislative Day 27:

  • HB 451 - Public officers and employees; supplemental, illness-specific insurance for certain first responders with occupational post-traumatic stress disorder; require provision
  • HB 598 - Professions and businesses; certain boxing, wrestling, and martial art associations and federations; change certain provisions
  • HB 880 - Professions and businesses; military spouses to use an existing license in good standing from another state; allow
  • HB 974 - Secretary of State; establish and maintain a state-wide system for the posting of scanned paper ballots; require
  • HB 996 - Penal institutions; provide jailers with arrest powers
  • HB 1127 - Agriculture, Department of; enforce certain criminal laws; authorize
  • HB 1188 - Peace officers; extend time frame for which reimbursement of total training expenses by a subsequent employer may be sought
  • HB 1251 - The Council of Superior Court Judges of Georgia; duties related to review and approval for travel expenses; transfer from state auditor
  • HB 1267 - Georgia Tax Court Act of 2025; enact
  • HR 598 - Georgia Tax Tribunal; vest judicial power; provide for venue and jurisdiction - CA
  • HB 1023 - Income tax; match tax rate imposed on corporations to that imposed on individual taxpayers
  • HB 1181 - Income tax; limit carry-forward periods of certain income tax credits
  • HB 1185 - Revenue and taxation; statewide homestead exemption from ad valorem taxes when current year assessed value exceeds the inflation rate; provide
  • HB 1192 - Sales and use tax; certain high-technology data center equipment; prohibit issuance of new certificates of exemption
  • HB 1022 - Colton-McNeill Act; enact

The Senate is expected to take up the following measures on Legislative Day 27:

  • SB 147 - "Boundless Opportunities for Georgia Students Act"; enact
  • SB 171 - Development Authorities; the length of a director's hold-over period following expiration of term of office; limit
  • SB 324 - State Printing and Documents; a victim centered address confidentiality program; provide
  • SB 368 - Government Transparency and Campaign Finance; foreign nationals from contributing to candidates or campaign committees; prohibit
  • SB 402 - Instruction Permits; restrictions upon the operation of Class C motor vehicles by Class D license holders with certain passengers in the vehicle; revise
  • SB 433 - Nonprofit Corporations; enact "Donor Intent Protection Act"; provide definitions; charitable organizations from violating the terms of charitable contributions; prohibit
  • SB 450 - Courts; property, and wills, trusts, and administration of estates; neither superior court nor a state court shall have appellate jurisdiction pursuant to Chapter 3 of Title 5; clarify
  • SB 473 - "Georgia Consumer Privacy Protection Act"; consumer personal data in this state; protect the privacy
  • SR 570 - Senate Supporting Safety and Welfare of All Individuals in Department of Corrections Facilities Study Committee; create
  • SR 583 - Dr. Robert F. Sullivan Memorial Highway; Franklin County; dedicate
  • SB 293 - County Boards of Health; operational policies and procedures of the Department of Public Health apply to local personnel; provide
  • SB 421 - Obstruction of Public Administration; offense of transmitting a false public alarm; enhance penalties
  • SB 455 - Medical Assistance; provisions to comply with federal law; revise
  • SB 456 - Central Caregiver Registry; disabled persons to the registry; add
  • SB 465 - Homicide; the felony offense of aggravated involuntary manslaughter; provide
  • SB 497 - Education; High-demand Career Initiatives Program as the High Demand Apprenticeship Program; redesignate
  • SB 520 - Domestic Relations; provisions relating to income withholding orders; change and clarify
  • SR 579 - Sports Betting; Georgia General Assembly to provide by general law for sports betting in this state; authorize -CA
  • SB 494 - 'Georgia Hemp Farming Act'; hemp products; regulate
  • SB 515 - Emergency Medical Services; two-year pilot program to provide additional ambulances to certain areas of this state; provide
  • SB 417 - Reporting of Accidents; timing and documentation of such reports; provide
  • SB 143 - Appellate Court Judges; eligibility for retirement benefits; decrease the age
  • SR 609 - Princess Trahlyta; dedicate a roundabout in her memory

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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