Gold Dome Report – Legislative Day 28

Nelson Mullins Riley & Scarborough LLP

Legislators and lobbyists were dealt a double whammy for Legislative Day 28: the chaos of Crossover Day combined with a case of the Mondays. Indeed, all under the Gold Dome were subjected to the whiplash of a sudden transition from a beautiful spring weekend to House committee meetings beginning at 7:30 a.m. As if the House needed more legislation to ponder, 55 bills passed out of committees to Rules on Thursday afternoon and Friday, along with several more on Monday. As of our report deadline, 41 bills and resolutions have made it onto a rules calendar for consideration in the House on Crossover Day, and 64 measures are slated for Senate consideration (in addition to a number that remains on the table from Thursday).

Although this edition of the Report is done, our work is not. Keep following us at #GoldDomeReport for continuing coverage of all the Crossover Day fun.

In this Report:

  • Floor Action
  • New Legislation
  • What’s Next

Floor Action

The House took up the following measures on the floor on Legislative Day 28 as of our report deadline:

  • HB 18 - Supplemental appropriations; State Fiscal Year July 1, 2022 - June 30, 2023. (Approps-159th). The House agreed to the Conference Committee Report by a vote of 172-2 and immediately transmitted the report to the Governor.
  • HB 82 - Income tax; limit eligibility for rural physician tax credit to physicians who qualify on or before December 31, 2023 (Substitute)(W&M-128th). The Committee Substitute 175-1.
  • HB 86 - Sales and use tax; sales of tangible personal property used for or in the renovation or expansion of certain aquariums; exempt (Substitute)(W&M-124th). The bill passed by a vote of 160-11.
  • HB 101 - Income tax; change certain definitions (Substitute)(W&M-118th). The Committee Substitute passed by a vote of 102-73.
  • HB 128 - Revenue and taxation; representation of minority business enterprises, women and veteran owned businesses in procurement of state contracts; provide (SP&CA-103rd). The bill passed by a vote of 160-3.
  • HB 166 - Courts; provide for qualification of constables (JudyNC-74th) The bill passed by a vote of 165-2.
  • HB 170 - Sales and use tax; taxation of certain digital products and services; provide (Substitute)(W&M-4th). The Committee Substitute passed by a vote of 162-10.
  • HB 196 - Georgia Access to Medical Cannabis Commission; subject to Administrative Procedure Act and laws governing open meetings and records; provide (Substitute)(JudyNC-33rd). The Committee Substitute passed by a vote of 170-2.
  • HB 231 - Prosecuting Attorneys Oversight Commission; create (Substitute)(JudyNC-19th)
  • HB 249 - Education; needs based financial aid program; provide definition (Substitute)(HEd-49th). The Committee Substitute passed by a vote of 168-1.
  • HB 290 - Revenue and taxation; county tax commissioner duties; revise provisions (W&M-14th). The bill passed by a vote of 171-0.
  • HB 383 - Safer Hospitals Act; enact (Substitute)(JudyNC-99th). The Committee Substitute passed by a vote of 170-5.
  • HB 431 - Special purpose local option sales tax; counties; provisions (W&M-85th). The bill passed by a vote of 174-0.
  • HB 437 - Georgia State Indemnification Commission; abolish and authorize commissioner of administrative services to assume duties; provisions (Substitute)(PS&HS-161st). The Committee Substitute passed by a vote of 172-1.
  • HB 454 - Revenue and taxation; Internal Revenue Code and Internal Revenue Code of 1986; revise terms (Substitute)(W7M-146th). The Committee Substitute passed by a vote of 175-0.
  • HB 455 - Professions and businesses; professional programs to address career fatigue and wellness in healthcare professionals; provisions (Hth-175th) The bill passed by a vote of 174-0.
  • HB 458 - Agriculture; hemp farming; provide for intent (Substitute)(A&CA-169th). The Committee Substitute passed by a vote of 169-2.
  • HB 462 - Raise the Age Act; enact (Substitute)(JuvJ-23rd). The Committee Substitute passed by a vote of 145-22.
  • HB 493 - Professions and businesses; verification of competency for registered professional nursing licenses; revise a provision (Hth-155th). The bill passed by a vote of 175-0.
  • HB 498 - Funeral directors and embalmers; reinstatement of lapsed license; change certain provisions (SBD-149th). The bill passed by a vote of 172-0.
  • HB 504 - Education; exclude amounts attributable to level 1 freeport exemptions for purposes of calculating local five mill share (Substitute)(Ed-155th). The Committee Substitute passed by a vote of 170-3.
  • HB 514 - Housing Regulation Transparency Act; enact (Substitute)(GAff-144th). The Committee Substitute passed by a vote of 127-43.
  • HB 532 - Pike County; Magistrate Court; chief judge; provide nonpartisan elections (Substitute)(IGC-135th). The Committee Substitute passed by a vote of 139-20.
  • HB 557 - Professions and businesses; authority to certain nurses and physician assistants to prescribe Schedule II controlled substances; authorize (Substitute)(PH-164th). The Committee Substitute passed by a vote of 136-38.
  • HB 571 - Georgia Alzheimer's and Related Dementias State Plan; updated every four years; provide (PH-53rd). The bill passed by a vote of 170-0.
  • HB 572 - Elections; rename Georgia Government Transparency and Campaign Finance Commission as the State Ethics Commission (Substitute)(Judy-99th). The Committee Substitute passed by a vote of 173-0.
  • HB 607 - Education; revise definition of Zell Miller Scholarship Scholar by changing ACT score requirement for certain students (Substitute)(HEd-169th). The bill passed by a vote of 174-1.
  • HB 611 - Budgetary and financial affairs; disposition of state funds derived from certain legal judgments or settlements; provide (B&FAO-176th). The bill passed by a vote of 172-1.
  • HR 256 - Sophia Ruth Fisher Interchange; Tift County; dedicate (Substitute) (Trans-169th). The Committee Substitute passed by a vote of 168-0.

The House had the following measures pending at our report deadline:

  • HB 30 - State government; definition of antisemitism; provide (Substitute) (Judy-46th)
  • HB 188 - Georgia Dangerous Sexual Predator Prevention Act; enact (Substitute)(JudyNC-180th)
  • HB 212 - Niche-Beauty Services Opportunity Act; enact (Substitute)(RegI-136th). The bill was TABLED.
  • HB 267 - Income tax; failure of employers to comply with revenue provisions regarding employees; authorize private causes of action for equitable relief (Judy-18th)
  • HB 364 - Wrongful Conviction Compensation Act; enact (JudyNC-81st)
  • HB 482 - Income tax; tax credits for establishing or relocating quality jobs; provide clarification (W&M-180th). The bill was RECOMMITTED.
  • HB 516 - Transportation, Department of; increase minimum amount for a public road construction or maintenance contract that prohibits negotiation (Trans-30th)
  • HB 528 - Georgia Online Automatic Renewal Transparency Act; enact (Substitute)(A&CA-120th)
  • HR 48 - Stinchcomb, Mr. Mario; compensate (App-57th)
  • HR 49 - Woolfolk, Mr. Michael; compensate (App-57th)
  • HR 55 - Talley, Mr. Terry L.; compensate (Substitute)(App-137th)
  • HR 70 - Inman, Mr. Devonia; compensate (Substitute)(App-170th)

The Senate took up the following measures on the floor on Legislative Day 28 as of our report deadline:

  • SB 62 - Counties/Municipal Corp; certain local ordinances or policies relating to public (Substitute)(SLGO(O)-13th). The Committee Substitute passed by a vote of 54-0.
  • SB 64 - Birth Certificate; issuance of a copy of the original birth certificate to certain adult persons who were adopted; provide (Substitute) (C&F-29th). The Committee Substitute passed by a vote of 54-0.
  • SB 74 - Commerce and Trade, Courts, and Torts; the disclosure of the nature and practices of businesses that provide legal services; require (Substitute) (JUDY19th). The Committee Substitute passed as amended by a vote of 54-1.
  • SB 97 - 'Georgia Cyber Command Act'; Georgia Cyber Command Division under the Georgia (VM&HS-31st). The bill passed by a vote of 52-2.
  • SB 144 - Adjutant General; include a roster of all commissioned officers in the organized militia in the annual report to the Governor; remove the requirement (VM&HS7th). The bill passed by a vote of 55-1.
  • SB 146 - Georgia Public Service Commission; regulation and taxation of the provision of certain electricity used as a motor fuel in electric vehicles; provide (Substitute) (RI&U-51st). The Committee Substitute passed by a vote of 55-1.
  • SB 155 - Dangerous Instrumentalities and Practices; provisions relating to harming a law enforcement animal; revise (Substitute) (PUB SAF-32nd). The Committee Substitute passed by a vote of 41-14.
  • SB 193 - Broadband Services; Department of Community Affairs to determine locations that are eligible for state or federal funding programs administered by the state; provide (Substitute) (RI&U-51st). The Committee Substitute passed by a vote of 56-0.
  • SB 204 - Education Accountability; recognition of certain accrediting agencies as evaluators of the quality of education offered in public schools in this state; provide (Substitute) (ED&Y-27th). The Committee Substitute passed by a vote of 52-0.
  • SB 211 - Georgia Council on Literacy; establish (Substitute) (ED&Y-4th). The Committee Substitute passed by a vote of 55-0.
  • SB 230 - Programs and Protection for Children; foster parents bill of rights; revise provisions (C&F-28th). The bill passed by a vote of 54-0.
  • SB 233 - 'The Georgia Promise Scholarship Act'; establishment of promise scholarship accounts (Substitute) (ED&Y-27th). The Committee Substitute passed by a vote of 33-23.
  • SB 237 - Georgia Student Finance Authority; student loan repayment for peace officers; provide (Substitute) (PUB SAF-50th). The Committee Substitute passed by a vote of 54-1.
  • SB 246 - Georgia Board of Health Care Workforce; student loan repayment for certain nursing faculty; provide (H ED-3rd). The bill passed by a vote of 55-1.
  • SB 254 - Selling and other Trade Practices; requirements for earned wage access services; provide (Substitute) (B&FI-28th). The Committee Substitute passed by a vote of 30-24.
  • SB 266 - Retirement and Pensions; fiduciary duty to invest retirement assets solely in the financial interests of participants and their beneficiaries; provide (Substitute) (RET-16th). The Committee Substitute passed by a vote of 54-0.
  • SR 140 - Georgia General Assembly; general law for sports betting in this state; provide CA (Substitute) (RI&U-46th). The Committee Substitute FAILED as amended by a vote of 30-26.

The Senate had the following measures on the table at our report deadline:

  • SB 4 - "Blind Persons' Braille Literacy Rights and Education Act"; enact (ED&Y-44th)
  • 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 (Substitute) (PUB SAF-10th)
  • SB 20 - "Surprise Billing Consumer Protection Act"; ensure consumer access to quality healthcare by setting adequacy standards for network plans offered by an insurer (Substitute) (I&L-32nd)
  • SB 28 - Board of Commissioners of Counties; an Act fixing the compensation of counties with a population in excess of 500,000, according to the 1970 United States Census; repeal (SLGO(G)-45th)
  • SB 31 - Prosecuting Attorneys; the reimbursement of expenses incurred by the Attorney General in prosecuting a criminal case or cases due to the failure of a district attorney to prosecute such criminal case or cases; provide (Substitute) (JUDY21st)
  • SB 34 - Food Service Establish; third-party food delivery service committing unfair (Substitute) (AG&CA-42nd)
  • SB 35 - Special License Plates; specialty license plate honoring Kappa Alpha Psi Fraternity, Inc; establish (PUB SAF-9th)
  • SB 45 - Education; care of students being treated for epilepsy or a seizure disorder; provide (Substitute) (C&F-31st)
  • SB 66 - Superior Courts; Atlantic Judicial Circuit; additional judge; provide (JUDY-4th)
  • SB 55 - Counties, Municipal Corp.; regulation of businesses of persons under 18 yrs old (Substitute) (ED&T-42nd)
  • SB 76 - State Employees; state health benefit plans; cover insulin at reduced rate; provide (I&L-9th)
  • SB 91 - Workers' Compensation; the time period for the dissolution of the Subsequent Injury Trust Fund; extend (I&L-45th)
  • SB 95 - Solid Waste Trust Fund; specify the manner in which funds appropriated shall be used (Substitute) (RI&U-29th)
  • SB 103 - Unclaimed Property; handling of certain wills; provide (Substitute) (AG&CA8th)
  • SB 111 - "Anesthesiologist Assistant Act"; an anesthesiologist assistant to be appointed in an advisory capacity to the Georgia Composite Medical Board; provide (Substitute) (H&HS-52nd)
  • SB 113 - Municipal Corporations; the transition of services and facilities (Substitute)(SLGO(O)-29th)
  • SB 115 - Georgia National Guard; the adjutant general to be the official sponsor (Substitute)(VM&HS-14th)
  • SB 124 - County Governing Authorities; authority of county governing authorities to reapportion or redistrict their election districts; restate constitutional limitations (R&R-37th)
  • SB 127 - Excise Tax; procedures for certain local governments to change the designated private sector nonprofit organization; provide (ED&T-4th)
  • SB 132 - Ag.; acquisition of possessory interest in cert. land by nonresident aliens (VM&HS-21st)
  • SB 136 - Impact Fees; required revenue source for a development project; modify (ED&T-30th)
  • SB 137 - Tuition Equalization Grants at Private Colleges and Universities; definition (HEd-23rd)
  • SB 138 - Office of Sheriff; procedure for filling vacancies; revise (PUB SAF-25th)
  • SB 140 - Hospitals; the treatment of gender dysphoria in minors performed in hospitals and other licensed healthcare facilities; prohibit certain surgical procedures (Substitute) (H&HS-13th)
  • SB 147 - "Boundless Opportunities for Georgia Students Act"; enact (Substitute) (ED&Y48th)
  • SB 148 - Nonprofit Corporations; comprehensively revise, simplify said chapter (Judy-18th)
  • SB 157 - Professions and Businesses; preclearance process in the licensing of individuals (Substitute)(Judy-17th)
  • SB 158 - Property Insurance; insurance premium discount or rate reduction for property owners; tornado, hurricane, or other catastrophic windstorm events; provide (I&L-29th)
  • SB 160 - Employment Security; provisions (I&L-48th)
  • SB 164 - Nurses; licensure of advanced practice registered nurses; provide (H&HS-52nd)
  • SB 168 - Hospitals and Nursing Homes; chiropractic practice to have a lien on a cause of action accruing to an injured person; allow (H&HS-25th)
  • SB 171 - Development Authorities; the length of a director's hold-over period following expiration of term of office; limit (Substitute) (ED&T-23rd)
  • SB 172 - State Government; regulation and taxation of sports betting in this state; authorize and provide (Substitute) (RI&U-46th)
  • SB 176 - Inspection of Public Records; the personal phone numbers, personal or governmental issued cell phone numbers, and home addresses; protect (Substitute) (GvtO-6th)
  • SB 177 - "Food Insecurity Eradication Act"; enact (AG&CA-22nd)
  • SB 181 - Georgia Technology Authority; authority to conduct certain fingerprint criminal (S&T-54th)
  • SB 182 - Stalking; the offense of doxxing; provide (Substitute) (JUDY-39th)
  • SB 185 - Assistant District Attorneys; appointment of additional assistant district attorneys in judicial circuits with multiple detention facilities; provide (JUDY-25th) SB 195 "Freedom to Work Act"; enact (Substitute) (VM&HS-20th)
  • SB 186 - "Georgia Landowners Protection Act"; enact (I&L-27th)
  • SB 191 - Motor Vehicles and Traffic; authorizing joinder of motor carriers; provisions (Trans-48th)
  • SB 197 - "Health Care Practitioners Truth and Transparency Act"; enact (H&HS-52nd)
  • SB 199 - State's Employee Benefit Plan Council; council to establish health savings (Ret-6th)
  • SB 200 - "Civil Practice Act"; high ranking government or corporate officer of whom a deposition is sought to seek a protective order; provide (Substitute) (RI&U-46th). The Committee Substitute was TABLED.
  • SB 201 - Torts; revival of claims for damages available to victims of human trafficking (Substitute)(Judy-6th)
  • SB 202 - Public School Property and Facilities; outdoor learning spaces pilot program; provide (ED&Y-5th)
  • SB 203 - "Trucking Opportunity Act of 2023"; enact (TRANS-31st)
  • SB 213 - Zoning Procedures; local governments from preventing the continuance of lawful nonconforming use of property; prohibit (Substitute) (SLGO(G)-23rd)
  • SB 215 - Public Records; personal information of public employees; protect (Substitute)(GvtO-28th)
  • SB 217 - "Eliminating Ghost Plates Act"; enact (PUB SAF-56th)
  • SB 218 - Identification Cards; issuance of identification cards to persons completing a term of incarceration; provide (Substitute) (PUB SAF-33rd)
  • SB 220 - 'Georgia Farmland Conservation Act'; historic preservation (Substitute) (FIN8th)
  • SB 222 - Primaries/Elections; all costs/expenses relating to election admin; public funds (Substitute)(Ethics-23rd)
  • SB 223 - Health; reimbursement of patient incurred expenses related to participation in a cancer clinical trial; authorize (H&HS-1st)
  • SB 231 - Richmond County and the City of Augusta; mayor shall be a full voting member of the commission; provide (SLGO(G)-23rd)
  • SB 236 - Board of Commissioners of Cobb County; the description of the commissioner districts; change (R&R-37th)
  • SB 240 - Retirement and Pensions; the minimum and maximum allowable benefit multiplier for current and future retirees; revise (Substitute) (RET-20th)
  • SB 259 - Superior Court of Banks County; move from the Piedmont Judicial Circuit to the Mountain Judicial Circuit (RULES-50th)
  • SB 272 - Courts; supplement the duties of administrative judges; Criminal Case Data Exchange Board; reestablish (RULES-18th)
  • SB 274 - Commission for the Blind and the Visually Impaired; create (Substitute) (GvtO16th)
  • SR 45 - Deputy Marshall Samual Ervin, Jr. Memorial Intersection; Paulding County; dedicate (Substitute) (TRANS-31st)
  • SR 46 - Governor; to study whether the state can, either directly or indirectly, produce low-cost insulin products in the state; urge (Substitute) (H&HS-9th)
  • SR 82 - Tax Commissioner; waive certain delinquent ad valorem property taxes; procedures and conditions; provide- CA (Substitute) (B&FI-13th)
  • SR 114 - Flemming, Charlie; recognize (Rules-44th)
  • SR 158 - Northwest Georgia Logistics Corridor; designate as an official logistics growth corridor in Georgia (TRANS-31st)
  • SR 176 - Taiwan; commend (Rules-28th)
  • SR 214 - Joint Study Committee on Local Option Sales Tax and Service Delivery Strategy; create (RULES-47th)

New Legislation

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

H.B.665

Johnny Tolbert III Heat Stroke Youth Protection Act; enact

Rep. Lydia Glaize (D-067)

https://www.legis.ga.gov/legislation/65045

H.B.668

Georgia Educational Opportunity Act; enact

Rep. Phil "Phillip" Olaleye (D-059)

https://www.legis.ga.gov/legislation/65069

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

S.B.286

"Lowering Prescription Drug Costs for Patients Act"; enact

Sen. Ben Watson (R-001)

https://www.legis.ga.gov/legislation/65054

What’s Next

The General Assembly will reconvene for Legislative Day 29, on Tuesday, March 7.

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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