Gold Dome Report - Legislative Day 30 - March 2024

Nelson Mullins Riley & Scarborough LLP

 

Show us the money! In an early morning meeting on Tuesday, the House Appropriations Committee and its subcommittees unveiled the House version of the FY 2025 Budget. While there are many goodies in the $36.1 billion spending plan, one that stands out is an appropriation to establish the David Ralston Center for Behavioral Health and Developmental Disabilities at the University of Georgia to "build the workforce of professionals and provide a clearinghouse for research." It is a poignant tribute to the late Speaker of the House, who was a champion for mental health care in Georgia and a proud graduate of the University of Georgia School of Law. We have outlined some of the other significant items funded by the House — and included a link to the full proposal — in this #GoldDomeReport.

While the House took up several Senate measures on the floor on Tuesday, the Senate floor remains quiet pending the House’s transmittal of the FY 2025 Budget. While that is expected on Thursday, Chairman Butch Parrish (R-Swainsboro) accented the work of the “lower chamber” during the day’s meeting of the House Rules Committee. He noted that the House passed a total of 80 measures on Crossover Day compared to 63 last year. Additionally, the House has approved a total of 222 bills so far this year. So no slacking there.

In this Report:

  • House FY 2025 Budget Highlights
  • Floor Notes
  • Committee Reports
  • New Legislation
  • What’s Next

     

House FY 2025 Budget Highlights

The House Appropriations Committee, chaired by Representative Matt Hatchett (R-Dublin), met on Tuesday morning to unveil its version of the FY 2025 State Budget. The $36.1 billion spending plan includes a number of notable departures from the budget as proposed by Governor Kemp earlier this year, including:

Department of Behavioral Health and Developmental Disabilities

  • $3,194,724 addition to operationalize the Macon Crisis Stabilization Diagnostic Center for individuals with intellectual and developmental disabilities.
  • $2,500,000 addition for the Georgia Housing Voucher program to support the requirements of the Department of Justice (DOJ) Settlement Agreement.
  • $2,000,000 addition for the Georgia Apex Program to expand mental health services in schools.
  • $300,000 addition to support staffing of the '988' hotline.
  • $300,000 addition to expand enrichment activities, family support, and employment opportunities for children and young adults with developmental
  • disabilities.
  • $225,000 addition for behavioral health services for Georgians experiencing homelessness in the Atlanta area.
  • $200,000 addition for behavioral health and support services at a rehousing facility.

Department of Community Affairs

  • $1,000,000 addition to create the accountable housing initiative.

Department of Community Health

  • $2,000,000 addition for grants up to $1,000,000 for hospitals with graduate medical education programs to fund medical education training, equipment, and infrastructure needs to support new and expanding residency programs with priority given to new and rural sites.
  • $2,000,000 addition for rural hospital stabilization grants.
  • $1,232,990 addition to increase the class size of Mercer School of Medicine’s Accelerated Track.
  • $900,000 addition for additional loan repayment for Dentists in Rural Areas.
  • $750,000 addition for three federally qualified health center start-up grants for primary care in Union County, behavioral health expansion in Cobb County, and a dental service expansion for multiple counties.
  • $750,000 addition in one-time start-up funds for OB/GYN service expansion.
  • $550,000 addition in one-time start-up funds for two internal medicine residency programs.
  • $515,747 addition for an additional 26 new residency slots in primary care medicine (in addition to 79 in Governor’s proposal).
  • $500,000 addition for infant mortality research at Morehouse School of Medicine.
  • Additions to accommodate increased Medicaid reimbursement rates for speech-language pathology, audiology, physical therapy, and occupational therapy providers.

Department of Education

  • $6,333,713 addition for the cost of breakfast and lunch for reduce-paying students.
  • $2,000,000 addition for construction industry certification.
  • $1,500,000 addition for three heavy equipment simulators at ten schools.
  • $1,579,900 addition to leverage matching grant funds for program expansion in Communities in Schools.
  • $1,000,000 addition for computer science professional development to support SB 108 from 2019.
  • $750,000 addition for a mentorship program to increase teacher retention rates.
  • $319,000 addition for one STEM International Baccalaureate exam to all students and one International Baccalaureate exam for free and reduced lunch students.
  • $280,000 addition for eight Agricultural Education extended day/year programs and two young farmer positions in Barrow and Peach counties.
  • $177,000 addition for life sciences industry certification.

Department of Human Services

  • $8,379,159 addition for a 3% provider rate increase for Child Caring Institutions, Child Placing Agencies, foster parents, and relative caregivers.
  • $1,500,000 addition for child advocacy centers to expand mental health services and forensic interviewing for children who have experienced abuse,
  • neglect, exploitation, and trafficking.
  • $1,000,000 addition to the court appointed special advocates (CASA) to enhance statewide capacity.

Department of Juvenile Justice

  • $558,960 addition for a 3% provider rate increase to Child Caring Institutions.

Department of Public Health

  • $2,500,000 addition to initiate a multi-year plan to stabilize the trauma network.
  • $1,752,00 addition to expand the pilot to provide home visiting in at-risk and underserved rural communities during pregnancy and early childhood to improve birth outcomes, reduce preterm deliveries, and decrease infant and maternal mortality.
  • $796,000 addition for outreach and breast cancer screening services.

The full House is expected to consider its version of the FY 2025 Budget, which can be found here, on Thursday.

Floor Notes

The House took up the following measures on Legislative Day 30:

  • SB 332 - Prosecuting Attorneys Qualifications Commission; promulgate standards of conduct and rules for the commission's governance; provide - PASSED 97-73
  • SB 375 - Behavioral Health Coordinating Council; add commissioner of veterans service - PASSED 167-0
  • SB 443 - Abatement of Nuisances; inclusion of claims against promoters and organizers for costs incurred by local governments due to unpermitted events: provide - PASSED 163-4

Committee Reports

Senate Children & Families Committee

Chairman Kay Kirkpatrick (R-Marietta) and the Senate Children & Families Committee met this afternoon to take up the following measures:

  • HB 509, authored by Representative Mandi Ballinger (R-Canton), amends O.C.G.A. 16-7-1 , relating to the crime of burglary. It includes an act of family violence as an element of such offense. Representative Ballinger explained the problem that the bill is trying to address. If in a domestic violence situation in your home and your ex -husband for instance enters a home by bursting in. In that instance, two crimes would be committed: criminal trespass and battery. If the individual steals anything, then he’s guilty of a felony (as that is a crime of burglary). This legislation makes it clear that it would be a felony if this type of activity occurs. Senator Derek Mallow (D-Savannah) asked about residency and how this would work if the individual lives there. Legislative Counsel explained it would be when there is no “legal authority” to enter. Senator Kim Jackson (D-Stone Mountain) indicated that the bill does not state that breaking in is an act of family violence.

Kareema Dillard, with the Coalition Against Family Violence, spoke to the legislation and began by acknowledging the many years that Representative Ballinger has worked on family violence issues to help support safety and justice of victims. The 1994 Crime Bill passed in Congress which expanded protections to domestic violence victims was hopeful to help decrease the incidents of domestic violence - but it has not. Many actions of domestic violence do not seek police involvement. Identifying charges can be difficult as well as who is the primary aggressor. Her concern was loopholes being created while trying to address acts of violence. She asked that the legislation be tightened. Senator Randy Robertson (R-Cataula) described instances and “intent” for occurrences of crimes. Domestic violence victims are typically “targeted” with the intent to do harm. Simple battery and simple battery domestic violence are two separate crimes in Georgia. Family violence requires a pattern and a history according to Ms. Dillard. A motion to table was made by Senator Jackson. Senator Matt Brass (R-Newnan) asked why the bill should be tabled. It is because of the issues around clarity by Ms. Dillard as well as what else the bill is trying to do and that there is a lack of definition of “romantic partner.” The legislation is not where it needs to be. Jackson noted the author’s work in this subject area but she was not ready to move on the legislation. Senator Robertson was surprised about complicating a simple piece of legislation. Mallow also noted he wanted to make sure there were no loopholes. Brass discussed that perfecting the bill was not accomplished, if the bill was tabled. No concerns were expressed in the House Committee by Dillard; she also did not offer any amendments or language. 4-4 was the vote on the motion to table with the Chair breaking the tie; a new motion was made to DO PASS and that motion carried 5-4.

  • HB 144, authored by Representative Regina Lewis-Ward (D-McDonough), amends O.C.G.A. 29-4-20. It addresses the communications rights of a ward and allows that such communications can occur through telephone, visitation, e-mail, or personal mail except as otherwise ordered by a court of competent jurisdiction. This legislation was “hearing only” this afternoon. A late substitute version was offered. Representative Lewis-Ward accented the changes made. This was the second time she presented the legislation, working with the probate judges. Line 22 “shall” was changed to “may” and fines were addressed. Senator Jackson asked why the legislation was needed; it came about due to a constituent concern. It spells out ways that a ward can communicate. It does not limit judicial discretion according to Representative Lewis-Ward. Senator Robertson asked about line 23 and possible suspension of guardian and whether the court has the ability to do that now; yes, but this spells it out. Senator Bo Hatchett (R-Cornelia) indicated that his probate judges are opposed to the legislation. He asked if they could talk about the bill and possibly work on the legislation.

Judge Wood, Probate County Judge in Cherokee County, rose to address the Committee but noted he had not seen the substitute. Probate judges do not want to be restricted to one remedy and if the language is now “may” this will be permissive but those remedies are already available to him. The committee also discussed suspension of guardianship which the probate could do under current statute. Judge Wood does not believe the legislation is necessary based on current powers judges have to resolve these situations. Senator Jason Esteves (D-Atlanta) asked more about the intent of the legislation which is allowing family members to communicate freely with the ward. The ward has the right to communicate freely now with the court having the ability to limit that if needed. The language was given to the author by a probate judge in another circuit. No vote was taken today.

Senate Education and Youth Committee

Chairman Clint Dixon (R-Gwinnett) called the Senate Committee to order Tuesday afternoon to discuss the following measures:

  • HB 874, authored by Representative Lee Hawkins (R-Gainesville), amends Title 20 to require automated external defibrillators (“AEDs”) in schools. AEDs are in high schools now, but this measure seeks to increase it to elementary and middle schools. The measure includes requirements for emergency action plans and internal response teams. Only 75 schools in the state do not have an “AED.” Dr. Jeff Marshall, a cardiologist at Northside, spoke to the proposal, supporting the effort. Richard Lamphiere, Georgia Nursing Association, expressed support for the measure along with Laura Bracci, the American Heart Association. The measure received a DO PASS recommendation and will be carried by Senator Ben Watson (R-Savannah).
  • HB 1183, authored by Representative Katie Dempsey (R-Rome), amends Title 20 to provide information on Type 1 and Type 2 diabetes to parents of students in grades six through twelve. This measure applies to school systems that provide information on immunizations. The measure received a DO PASS recommendation. A Senate sponsor has not been decided.
  • HB 1122, authored by Representative Scott Hilton (R-Peachtree Corners), amends Title 20 relating to charter school funding. Specifically, the bill provides for additional funding for charter school superintendents and principals, allows for children of part-time charter school employees to attend the charter school, and addresses a conflict of interest to allow non-executive LEA employees to serve on the state charter school governing board. An addition was made, which is HB 1186. The College and Career Ready Performance Index (“CCRPI”) Score, which contains multiple scores, will be published by the Department. This measure requires DOE to publish a single score rather than disaggregated information. This data is to be shared on the school and system websites. The Department will determine score methodology. The author suggested an amendment replacing lines 27-29 with “local charter schools and systems charter schools, as such terms are defined in 20-2-26.62 or college and career academies.” This friendly amendment was approved (6-1), and the measure received a DO PASS recommendation by a vote of 4-3.

Senate Regulated Industries Committee

Chairman Bill Cowsert (R-Athens) called the Senate Regulated Industries Committee to order Tuesday afternoon to discuss the following measures:

  • SR 619, authored by Senator Ed Harbison (D-Columbus), creates a study committee on public utilities. The study committee is focused on one source billing. The measure received a DO PASS recommendation.

The following bills were HEARING ONLY today:

  • HB 300, authored by Trey Kelley (R-Cedartown), amends Title 46 originally created the Solar Technology Trust Fund. This measure now seeks to protect landowners. When the lease agreements expire, the land is returned to its original condition. This measure follows a Texas model, which creates surety bonds for this. Chairman Cowsert asked if this was already included in lease agreements. Representative Kelley explained it was not uniform and that this would be for agreements moving forward. Senator David Lucas (D-Macon) needed clarification on the bonds. Senator Frank Ginn (R-Danielsville) had questions about bonding and its effects on counties. Senator John Albers (R-Roswell) asked if there was concern with promoting landowners leasing their land. Martha Revelo, ACCG, expressed concerns with the measure. Maggie Sasser, Pine Gate Renewables, provided more context.
  • HB 1264, authored by Representative Ron Stephens (R-Savannah), amends Title 43. The measure authorizes certain boards to allow for an impaired healthcare person to go under a program for monitoring and rehabilitation. Georgia is one of the few states which does not offer a program like this. Currently, the only option is for these professionals to go down a disciplinary track. Robin Pinchton, United Advanced Practice Registered Nurse, and Richard Lamphiere, Georgia Nursing Association, express support for the measure. Chairman Cowsert asked why the measure was needed. The alternatives to discipline is needed in the code. Senator Matt Brass (R-Newnan) asked if other professions had this. They do but nurses do not. Senator John Kennedy (R-Macon) asked about physician assistants.
  • HB 1344, authored by Representative Katie Dempsey (R-Rome), amends Title 37 and is the House version of SB 336. The measure has four main components. First it amends membership of the Behavioral Health Coordinating Council to allow appointed members to delegate a representative. It deletes reporting requirements. It allows LMFTs to waive certain experience for certain individuals moving to Georgia.
  • HB 1096, authored by Representative Dale Washburn (R-Macon), amends Title 43 relating to continuing education. The measure allows the Secretary of State to engage a private vendor to track continuing education requirements. This is designed to speed up the licensure process. Gabe Sterling of the Secretary of State’s Office expressed support for the measure because it will allow staff to complete other responsibilities and increase visibility for the continuing education courses. Senator John Albers (R-Roswell) expressed issues with creating a law for this because it seems doable without one.
  • HB 1046, authored by Representative David Clark (R-Buford), amends Code Section 16-13-72, Code Section 31-6-2, and Title 31 to authorize APRNs and PAs the ability to sign death certificates if delegated by their supervising physician. The measure adds educational requirements and a selection box on the death certificate for non-physicians signing the certificate. Robin Pinchton also supported this legislation due to the backlog of death certificates. Georgia Nurses Association and others supported the legislation.
  • HB 839, also authored by Representative Dempsey, amends Title 43 to create the Social Work Licensure Compact Act. This is intended to increase social work access and streamline the licensing process. This measure also includes language for a massage therapy compact. Craig Knowles of the Georgia Massage Therapy Board provided the history and context for the additional language.
  • HB 844, authored by Representative Ginny Ehrhart (R-Marietta), amends Title 43 to create the Practice of Nutrition and Dietetics Act. This measure was not heard due to timing constraints.

New Legislation

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

S.B.570

Simple Assault; the intent required for certain offenses of simple assault; articulate

Sen. John Kennedy (R-018)

https://www.legis.ga.gov/legislation/68611

S.R.724

Georgia Psychological Association; recognize

Sen. Sonya Halpern (D-039)

https://www.legis.ga.gov/legislation/67610

What’s Next

The General Assembly is in adjournment for a Committee Work Day on Wednesday and will reconvene for Legislative Day 31 on Thursday, March 7 at 10 a.m.

The House is expected to take up the following measures on Legislative Day 31:

  • HB 916 - General appropriations; State Fiscal Year July 1, 2024 - June 30, 2025
  • 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
  • SB 337 - Georgia Colonel; appoint honorary title for life; authorize the Governor
  • SB 353 - Highways, Bridges, and Ferries; duties when death results from an accident upon a highway in certain instances; allow for delegation
  • SB 369 - Motor Vehicles; issuance of license plates commemorating the United States of America's semiquincentennial; provide
  • SB 377 - Courts and Social Services; licensing of qualified residential treatment programs; provide
  • SB 410 - Licensing of Veterinarians; certain sterilization services performed by out-of-state veterinarians from licensing requirements; exempt

The Senate Rules Committee has not set a Rules Calendar for Legislative Day 31.

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.

© Nelson Mullins Riley & Scarborough LLP | Attorney Advertising

Written by:

Nelson Mullins Riley & Scarborough LLP
Contact
more
less

Nelson Mullins Riley & Scarborough LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide