The loss of an hour of sleep this weekend was apparent among lawmakers and lobbyists in the State Capitol today as the legislature slowly cranked back up for Legislative Day 32. Each chamber took up heavy calendars consisting of one bill each before retreating to committee rooms to hear, amend, and pass legislation for Rules Committee consideration. An apparent standoff between the House and Senate continues tomorrow with the Senate scheduling zero bills for floor action and the House planning on only one. It all forewarns a blitz to adjournment Sine Die just over two weeks away. We’ll keep watching for a break in the logjam; in the meantime, enjoy today’s #GoldDomeReport.

In today’s Report:

• Floor Action
• Committee Reports
• Rules Calendars for Legislative Day 33

Floor Action

The House took up the following measure today:

• SB 5 - Professions and Businesses; patient protection measures for patients undergoing sedation in certain settings; provide- Representative Lee Hawkins (R-Gainesville) presented the legislation, addressing in particular “medispas.” Dentists, which do conscious sedation, are now required to have certain equipment. It does not prohibit a person who is duly licensed as a physician assistant in Georgia, who has completed an anesthesiologist assistant program approved by the Georgia Composite Medical Board from administering conscious sedation nor deem such physician assistant to be engaged in the unlawful practice of dentistry, pursuant to their job description as approved by the Georgia Composite Medical Board, provided that such sedation is administered under the direction and responsibility of an anesthesiologist. The legislation also The bill passed by Substitute with a vote of 160-5; it now requires the Senate to agree to the changes made.

The Senate took up the following measures today:

• HB 111 - Financial institutions; clarify and remove superfluous language; provisions Senator John Kennedy (R-Macon) presented the bill on the floor. This legislation is about regulation by the Department of Banks’ annual housekeeping legislation. It streamlines existing statutes, making the Department more efficient. It is supported by the League of Credit Unions, Georgia Bankers Association and others. No one has objected or raised concerns about the annual cleanup according to Senator Kennedy. In part ,addresses installment loans’ length of time and permits extensions for hardship or convenience (longer than 36 months and 15 days). It passed the House unanimously. The legislation passed the Senate by a vote of 50-0.

Committee Reports

House Judiciary Committee
The House Judiciary Committee, chaired by Representative Chuck Efstration (R-Dacula), met today to consider multiple bills including:

• SB 221, authored by Senator Jeff Mullis (R-Chickamauga), amends Title 21 to create political leadership committees which are tied state party leaders including the Governor and Lt. Governor — or candidates for these offices — or the chair of the House and Senate majority and minority caucuses. These committees would be able to accept and disburse funds for political elections. This bill was referred to the Senate Rules Committee. Representative Trey Kelley (R-Cedartown) presented the bill to the committee. Representative Matthew Wilson (D-Brookhaven) asked if there are limits placed on contributions exchanged between existing leadership PACs and the PACs created by the bill. Representative Kelley explained that this bill would allow direct coordination between the two types of PACs. Representative Stacey Evans (D-Atlanta) asked for the policy reason for allowing third parties to directly coordinate with candidates. Representative Kelley explained that the current process is cumbersome and this bill allows the caucus to support races directly rather than using the state parties as a conduit. The committee moved the bill DO PASS.
• SB 185, authored by Senator Bo Hatchett (R-Cornelia), amends Title 48 to stipulate that any tax decisions made by a court or the Georgia Tax Tribunal be done without deference to any determination made by the Department of Revenue. Senator Hatchett presented the bill to the committee and noted the issue was heard last year. The committee recommended the bill DO PASS.
• SB 163, authored by Senator Brian Strickland (R-McDonough), amends Title 38 to allow a chief judge of a Georgia superior court judicial circuit of a chief judge of a Georgia state court to suspend or modify statutory speedy trial requirements following a judicial emergency. These actions are permissible under specific situations where speedy trial requirements are impractical due to a specific list of factors in the bill including case volume, low case clearance rate, ongoing space limitations, and limited number of judges. The Chief Justice of the Georgia Supreme Court may reinstate speedy trial requirements in any jurisdiction at his or her discretion. Senator Strickland presented the bill to the committee and explained that the bill has a sunset provision to ensure the legislature must take another look at this concept in 2023. The committee moved the bill DO PASS.
• SB 32, authored by Senator Matt Brass (R-Newnan), amends Title 50 to add federal employees to the exemption from certain public record disclosure. Senator Brass explained that a second section was added to fix an issue that allows the public to access private address information of any person applying for a license with the Secretary of State. The committee moved the bill DO PASS.
• 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 explained the bill to the committee which recommended the bill DO PASS.
• SB 169, authored by Senator Larry Walker (R-Perry), amends Title 13 to provide for acceptance of electronic signatures and electronic corporate seals on bonds. Representative Stan Gunter presented the bill to the committee which moved the bill DO PASS.
• SB 200, authored by Senator Jason Anavitarte (R-Dallas), amends Title 38 to allow businesses and religious institutions to continue operations during a public health emergency if they conform with applicable safety guidelines contained in any order related to the public health emergency. Senator Anavitarte presented the bill to the committee as a substitute and explained the reasoning for its introduction. Representative Mike Wilensky (D-Dunwoody) asked if this bill limits the scope of religious speech in any way. Senator Anavitarte explained that it does not. Representative Matthew Wilson asked if “religious institution” is defined elsewhere in statute as the bill does not contain a definition. He also asked why the Senator believes the first amendment does not already protect religious facilities. Representative Wilson cited recent Supreme Court guidance that allows the limiting of religious gatherings so long as they are tweeted equally as secular institutions. Senator Anavitarte explained that the bill was brought to protect religious institutions. Representative Stacey Evans asked if the bill, as written, would mean that any executive order that doesn’t expressly outline the criteria required for businesses to remain open would allow any business to remain open. Senator Anavitarte answered that he did not think this was the case but couldn’t speak to every possible scenario.

Andrea Young, Executive Director of the ACLU of Georgia, spoke about the organization's concerns with the bill. She explained that the bill, in its original form, would be troublesome based on the interpretation of the Supreme Court’s recent rulings. Ms. Young was unable to speak to the scope of the substitute as she had not yet seen a copy.

Samantha Fillmore, a government relations representative with the Heartland Group, spoke in favor of the bill and discussed her concerns with the general state of “gubernatorial overreach” in the United States.

Ultimately, the bill was HELD.

• SB 75, authored by Senator Kim Jackson (D-Stone Mountain), would allow victims of stalking to prematurally break the lease of their rental property. The committee engaged in robust conversation about the effective date of the bill and its implications but ultimately recommended the bill DO PASS.

House Public Safety and Homeland Security Committee

Representative J Collins (R-Villa Rica) and his Committee held a hearing this afternoon on HB 713, a bill authored in Titles 37 and 50 by Representative Katie Dempsey (R-Rome) and supported by the Cicero Foundation in Austin, Texas. The legislation seeks to address the homeless issues that Georgia communities are facing by moving more individuals to safe parking, cabin-style homes and safe camping facilities. The Department of Community Affairs is to encourage groups to work together and will award groups for success in reducing the numbers of individuals who are homeless. Representative Dempsey indicated it would not impact what is already in place and that the legislation has been reviewed by the Department of Justice lawyer to make sure that there were no conflicts with the state’s settlement agreement with the Department. Representative Dempsey remarked on the various reasons for homelessness - including mental health, substance abuse, and loss of economic resources. The Cicero Foundation indicated that there is a serious problem nationally with homelessness; Georgia’s problem is also more now than it was a decade ago - there are 25 percent more living in unsheltered homelessness over the past year alone. Georgia’s Department of Community Affairs spends $3 million annually on homelessness through its Homeless State Housing Trust Fund; the state has also received additional funds through federal CARES Act funding. This legislation seeks to move individuals to housing - moving out of jails and hospitals. It further encourages cities and counties to enforce existing laws on homelessness and imposes a ban on street camping.

Superior Court Judge Beau McClain from Douglas County provided an overview of Shinnah Haven, an effort undertaken in his county to address the encampments which were occurring on private property after a number of complaints. Douglas County is using property near the courthouse; the property is government-owned and they have received authorization from the county to use the property for the camp which has water and sewer services donated as well as solar and converter services for individuals’ use of coffee machines and phones. Judge McClain described the property as well-supervised. He did note that a trip to a Wellstar emergency room could be at least $3,600. This effort is much more cost effective.

There were a number of questions raised at this “hearing only” discussion on HB 713. Questions included collecting data (which is not being done at the Douglas location) and the numbers who had actually moved out of the camp (only six over the last year).

Several individuals also spoke against the legislation, including Catherine Marchman with Partners for Home and Ellyn Yeager a mental health advocate. Their concerns in part are the use of rules and restrictions (a main reason that many are homeless by choice) and that the legislation is not a part of the Behavioral Health Reform and Innovation Commission’s recommendations.

House Banks and Banking Committee
Chairman Greg Morris (R-Vidalia) and the Banks and Banking Committee took up one bill this afternoon, SB 168, authored by Senator Larry Walker III (R-Perry). This legislation permits at O.C.G.A. 14-2-701 that companies may conduct virtual shareholder meetings. There are no changes in the proposal as to how the meetings are noticed; the legislation codifies an executive order provision from Governor Kemp’s orders to allow such meetings to be done virtually. The Senate’s version of the legislation differs from HB 306 at line 17 using the terms “wholly or partially” rather than “solely or partially.” Further, the Senate version becomes effective upon signature if the bill is passed. The Committee originally noticed the bill for a hearing but the Chairman decided to let the legislation move forward. Thus, the legislation received a DO PASS recommendation, and it now moves to the House Rules Committee.

Senate Judiciary Committee
The Senate Judiciary Committee, chaired by Senator Brian Strickland (R-McDonough), met to consider the following legislation today:

• HB 154, authored by Representative Bert Reeves (R-Marietta), amends Title 19 to provide revisions to the state's foster and adopted children laws.

Representative Reeves presented the bill to the Committee, noting that it is mostly cleanup from HB 159 from 2018. He explained that the only substantial policy change is changing the minimum age for an adoptive parent from 25 to 21. Representative Reeves noted that this change would bring Georgia more in line with neighboring states and allow for cases where siblings could adopt younger siblings while still requiring the usual judicial scrutiny applied to prospective adoptive parents.

The bill was presented as a substitute that attaches HB 706, which is a DFCS bill that failed to pass the House and allows a disabled minor in foster care to begin the process of seeking appointment of a guardian six months prior to the minor’s eighteenth birthday.

The Committee recommended that the bill DO PASS by Committee Substitute and be sent to the Rules Committee. The bill will be carried by Senator Bo Hatchett (R-Cornelia).

• 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.

Representative Sainz presented the bill to the Committee, and Jill Travis of the Georgia Association of Criminal Defense Lawyers expressed concerns regarding the bill. Ms. Travis specifically pointed to the numerous instances of “shall” in the bill and suggested that they be “may” and allow judicial discretion. A representative of Restore Georgia also expressed concern about the legislation. No action was taken on the bill.

• HB 258, authored by Representative Steven Sainz (R-Woodbine), amends Title 16 to provide that, when a victim is under the age of 16, consent of the victim shall not be a defense to a prosecution for sodomy, aggravated sodomy, child molestation, aggravated child molestation, sexual battery, and aggravated sexual battery.

Representative Sainz presented the bill to the Committee, which he noted provides a response to the State v. Williams case. A representative of the District Attorneys’ Council expressed concern that the bill does not sweep widely enough and could have unintended consequences due to the qualifier “for the purposes of sexual arousal.” The Committee recommended the bill DO PASS and be sent to the Rules Committee. The bill will be carried by Senator Sheila McNeill (R-Brunswick).

• HB 371, authored by Representative Stan Gunter (R-Blairsville), amends Title 24 to allow video conferencing for proceedings and meetings with prisoners confined in a correctional facility. The bill also allows for employees of the state crime lab to appear in video proceedings.

Representative Gunter presented the bill to the Committee, who explained that the bill relates to Uniform Superior Court Rule 9.2, which has been under development for 15 years. No member made a motion, so the Committee took no action on the bill.

• HB 470, authored by Representative Dale Washburn (R-Macon), amends Title 44 to provide that no plans are required when units are not designated by physical structures and to provide that no plats are required for subcondominiums.

Representative Washburn presented the bill to the Committee, noting that it is a fix to a “snag” experienced by developers. The Georgia Association of Realtors is in support of the bill. The Committee recommended the bill DO PASS and be sent to the Rules Committee. The bill will be carried by Senator Matt Brass (R-Newnan).

• HB 548, authored by Representative Katie Dempsey (R-Rome), requires the Administrative Office of the Courts to facilitate data sharing with DFCS regarding children that were subject to dependency hearings and actions to terminate parental rights.

Representative Dempsey presented the bill to the Committee, noting that it is a bill requested by DFCS. DFCS Director Tom Rawlings explained that DFCS and the courts have been sharing this information for quite a while, and this codifies the practice. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• HB 553, authored by Representative Stan Gunter (R-Blairsville), amends Title 50 to allow for remote hearings and/or remote participation of witnesses in hearings for administrative courts. The bill also allows the Office of State Administrative Hearings to require online document filing.

Representative Gunter presented the bill to the Committee, and the Committee recommended the bill DO PASS and be sent to the Rules Committee.

Senate Government Affairs Committee
Chairman Marty Harbin (R-Tyrone) and members of the Senate Government Affairs Committee met this morning and took up four pieces of legislation:

• HB 161, authored by Representative Jan Tankersley (R-Brooklet), amends O.C.G.A. 36-42-7(c) to address downtown development authorities. The legislation, brought by the Department of Community Affairs, removes the “perpetual existence” language so that downtown development authorities may be dissolved if they are inactive, hold no assets and have no debt or financial obligations. There are more than 1,000 downtown development authorities in Georgia and 39 of those are inactive. GMA supports the bill. The legislation received a DO PASS recommendation, and it now moves to the Senate Rules Committee.
• HB 92, authored by Representative Matthew Gambill (R-Cartersville), proposes changing O.C.G.A. 31-25-10(e) regarding disclosure of public records for after an individual’s birth (100 years) and death, application for marriage, divorce, dissolution of marriage or annulment (75 years). This legislation seeks to revert back to the prior time limitations in earlier law. The requests for the change are being made by historians and genealogists. The Department of Public Health asked that lawmakers not make the change to 100 years after birth, noting that there are many Georgians who are more than 100 years of age and changing it back to 125 years after birth would better protect those persons from potential fraud or identity theft. Additionally, Megan Andrews with the Department of Public Health, explained that the National Association of Public Health Statistics has model law indicating that such records not be disclosed until 125 years after birth and is considered “best practice.” Genealogists argued that Georgia only began tracking birth records after 1919 and the National Association of Public Health Statistics is rewriting its current law; they also argued for a birth record to be transferred to the state archives it should be marked “deceased” on the birth certificate. After an initial motion was made to “do pass” the legislation forward by Senator Randy Robertson (R-Cataula), the motion was withdrawn as Senator Butch Miller (R-Gainesville) felt the legislation was not “ready for prime time” and the parties should get back together in an effort to work out a compromise (an offer of compromise had been made in the House but not accepted by the committee reviewing the bill). Thus, no action was taken today on HB 92.
• HR 130, authored by Representative Lauren McDonald (R-Cumming), seeks to ratify the action taken by the Board of Community Affairs in November 2020 to move Forsyth County to the Atlanta Regional Commission from the Georgia Mountains Regional Commission. A substitute, LC 44 1725S, was brought to the Committee which addresses a call for an election after the census. The Committee gave the Resolution a DO PASS recommendation, and it now moves to the Senate Rules Committee.
• HB 44, authored by Representative Wes Cantrell (R-Woodstock), proposes to make daylight savings time permanent in O.C.G.A. 50-1-10 which would become effective only if the United States Congress amends 15 U.S.C. Section 260a to authorize states to observe daylight savings time year round. Representative Cantrell argued that daylight savings time provides more light in the evening; there are fewer automobile accidents during daylight savings time; there is less crime committed, particularly by juveniles; there is mixed evidence regarding energy savings but it is better for pollution; and helps prevent childhood obesity as there are more opportunities to burn calories outside. Further, Cantrell argued that 70 percent of Georgians favor daylight savings time and the states of Florida, South Carolina, Tennessee, Louisiana, and Arkansas have adopted similar legislation and Mississippi is considering a bill. Altogether, 20 states have enacted bills that are similar. The only objection, which he articulated, is that children are at bus stops in the dark but he could find no evidence that shows that children are in danger. The primary difference in this legislation and that authored by Senator Ben Watson (R-Savannah) is that Senator Watson’s legislation makes standard time permanent until Congress authorizes states to observe daylight savings time. This legislation only received a hearing this morning; no action was taken.

Senate Finance Committee
The Senate Finance Committee, chaired by Senator Chuck Hufstetler (R-Rome), met to consider the following legislation today:

• HB 114, authored by Representative Bert Reeves (R-Marietta), amends O.C.G.A. § 48-7-29.15 to revise the adoption tax credit. The bill increases the credit to $6,000 for the first five years and $2,000 afterwards.

Representative Reeves presented the bill to the Committee, noting that the bill was introduced during the prior session and failed to achieve final passage due to the pandemic. The Committee recommended the bill DO PASS and be sent to the Rules Committee. The bill will be carried by Senator Bo Hatchett (R-Cornelia).

• HB 511, authored by Representative Bert Reeves (R-Marietta), amends several titles to require that certain State fees be dedicated to the purposes for which they were instituted. The bill is enabling legislation for a constitutional amendment that passed last year to allow for dedication of these revenues. The bill creates the following trust funds and designates the trustees for each: Solid Waste Trust Fund (funded by scrap tire fees), Hazardous Waste Trust Fund (solid waste tipping fees), State Children's Trust Fund (marriage and divorce filing fees), Wildlife Endowment Trust Fund (lifetime sports license fees), Trauma Care Network Trust Fund (super speeder fees), Transportation Trust Fund (hotel/motel fees, alternative fuel vehicle fees, heavy weight vehicle impact fees), Georgia Agricultural Trust Fund (agricultural tax exemption fees), Fireworks Trust Fund (fireworks excise tax), and Georgia Transit Trust Fund (rideshare fees).

Representative Reeves presented the bill to the Senate Finance Committee, noting that these fees account for less than 1% of the State’s budget, and the legislation provides for an escape hatch if the fees exceed 1% in future years. Senate Appropriations Chairman Blake Tillery (R-Vidalia) spoke to the work in developing the bill and deciding which fees and funds to include in the legislation. He asked for the Committee’s support of the bill as-is since it is the product of careful work and negotiation between House and Senate leaders. The Committee recommended the bill DO PASS and be sent to the Rules Committee. The bill will be carried by Senator Clint Dixon (R-Buford).

Alcohol and Tobacco Subcommittee of the House Regulated Industries Committee
The Alcohol and Tobacco Subcommittee of the House Regulated Industries Committee, chaired by Representative Rick Williams (R-Milledgeville), met this afternoon to consider two measures.

• SB 145, authored by Senator Matt Brass (R-Newnan), amends Title 3 to allow municipalities to issue alcohol licenses via referendum votes instead of the current petition system. Representative Mandi Ballinger (R-Holly Springs), the bill’s House sponsor, presented the bill to the committee. Mike Griffin with the Georgia Baptist Mission Board spoke against the bill. The committee recommended the bill DO PASS.
• SB 219, authored by Senator Frank Ginn (R-Danielsville), amends Title 3 to allow brewers at one location to sell their products at other locations provided the second location is owned by the same entity. Senator Ginn presented the bill to the committee and answered a question from Representative Alan Powell about the scope of the legislation. He explained that the bill supports the three tier system and was crafted to carefully ensure this system is protected. The committee recommended the bill DO PASS.

Rules Calendars for Legislative Day 33

The House is expected to take up the following measures on Tuesday for Legislative Day 33:

• SB 46 — Health; certain medical personnel to administer vaccines during public health emergencies under certain conditions; authorize

The Senate did not set a Rules Calendar for Legislative Day 33.