Seven legislative days remain in the 2021 Legislative Session, but you would not believe it based on House and Senate floor action today. Neither chamber held floor votes on any legislation, with the sole bill on the House Rules Calendar, SB 46, being pulled and recommitted to the House Health and Human Services Committee. Activity looks to be picking up, though, with each chamber setting modest Rules Calendars for Wednesday, which are detailed in today’s #GoldDomeReport.

The highlight of Legislative Day 33 was Georgia Supreme Court Chief Justice Harold Melton’s final State of the Judiciary Address to a joint session of the House and Senate. Justice Melton, who will retire this summer, recounted the challenges Georgia courts have faced during the pandemic but reiterated that the State’s Judiciary is “sound, solid, and strong.”

In today’s Report:

• Committee Reports
• Rules Calendars for Legislative Day 34

Committee Reports

House Education Committee
The House Education Committee, chaired by Representative Matt Dubnik (R-Gainesville), met to consider the following legislation today:

• SB 59, authored by Senator John Albers (R-Alpharetta), amends Title 20 relating to funding for local charter schools and charter systems. The bill changes the percentages for calculating FTE funding under Code Section 20-2-165.1, and also requires certain federal fund allocation and facility usage or stipends for local charter schools by local education agencies.

Senator Albers presented the bill to the Committee, and the Georgia School Board Association and Georgia Association of Educational Leaders expressed concerns about Section 5 of the bill. Chairman Dubnik held the bill to ensure the language is correct and noted that he intends to act on the bill at the next meeting.

• SB 159, authored by Senator Steve Gooch (R-Dahlonega), amends Title 20 to allow local boards of education to provide transportation with vehicles with a capacity of eight persons or less.

Senator Gooch presented the bill to the Committee, which was previously passed by the Committee and recommitted from the Rules Committee for additional changes. Senator Gooch explained that the substitute removes the rideshare restriction from the bill and requires that vehicles be marked for student transport. The Committee recommended the bill DO PASS by Committee Substitute and be sent back to the Rules Committee.

House Judiciary Non-Civil Committee — Reeves Subcommittee
The Reeves Subcommittee of the House Judiciary Non-Civil Committee, chaired by Representative Bert Reeves (R-Marietta), met to consider the following legislation today:

• SB 105, authored by Senator Brian Strickland (R-McDonough), amends Titles 17 and 42 to provide for a unified process by which felony probationers may seek early termination of probation following good behavior. Specifically, the legislation provides for a judicial pathway by which such individuals without arrests, at least 24 months without a probation revocation, and no outstanding restitution can petition a court for early termination. The bill also creates a uniform court standard for the grant of such relief: the best interest of justice and the welfare of community.

Senator Strickland presented the bill to the Subcommittee for a second time, and the Subcommittee recommended the bill DO PASS by Committee Substitute and be sent to the full House Judiciary Non-Civil Committee.

• SB 235, authored by Senator Ben Watson (R-Savannah), amends Title 16 to exempt mask wearing to prevent the spread of COVID-19 or other infectious respiratory disease from state criminal anti-mask laws.

Senator Watson presented the bill to the Subcommittee for a second time, and Chairman Reeves offered an amendment deleting language in the bill to better align with the Daniels case holding. The Subcommittee adopted the amendment and subsequently recommended the bill DO PASS by Committee Substitute and be sent to the full House Judiciary Non-Civil Committee.

House Health and Human Services Committee
The House Health and Human Services Committee, chaired by Representative Sharon Cooper (R-Marietta), met this afternoon to consider multiple measures.

• SB 164, authored by Senator Chuck Hufstetler (R-Rome), amends Titles 15, 16, and 31 to provide modernization updates to the state's laws related to HIV. Senator Hufstelter briefly presented the bill to the committee. Nina Martinez, an individual living with HIV that donated a kidney to another HIV positive individual, spoke in favor of the bill. The committee recommended the bill DO PASS.
• SB 46, authored by Senator Dean Burke (R-Bainbridge), amends various Code sections in Title 31 to grant the ability to administer vaccines to EMS workers. The expanded allowance applies only to vaccines for illnesses for which there are declared public health emergencies. Additionally, the bill removes the exemption for children under 18 to register with the statewide vaccination registry for vaccinations administered as a result of a declared public health emergency. This bill was recommitted to the committee to address concerns from members about the privacy aspects of the bill. Changes include stipulating that the person’s name is not submitted. Senator Burke indicated the Department of Public Health is supportive of the changes.

Megan Andrews with DPH reiterated the Department’s support of the changes and the scope limiting change in the committee substitute. The new version also removes language that prevented individuals from exempting themselves from the registry in public health emergencies.

The committee recommended the bill DO PASS to the Committee Substitute, and the legislation moves forward to the House Rules Committee.

• SB 256, authored by Senator Dean Burke (R-Bainbridge), addresses the structure of the Department of Public Health and the county boards of health. Senator Burke explained that this bill started out as a larger update to the public health code but this form takes a more targeted approach to allow the Commissioner of Public Health to appoint the directors of local boards of health. Representative Don Hogan (R-St. Simon’s Island) asked who currently appoints these directors. Senator Burke explained that the Commissioner currently makes these appointments but the local boards of health maintain a veto power, this bill eliminates this veto aspect. Representative Timothy Barr (R-Lawrenceville) asked if the removal of a board of health director would be at the Commissioner’s discretion which Senator Burke answered in the affirmative. David Will spoke against the bill on behalf of local boards of health. He expressed concerns that the national accreditation process requires local governance which might put accreditation in danger if this bill passes in its current form. Chairman Cooper challenged this testimony and expressed her displeasure with the current state of public health departments in the state. The committee recommended the bill DO PASS.

Life and Health Subcommittee of the House Insurance Committee
The Life and Health Subcommittee of House Insurance heard and passed two bills relating to prior authorisation (SB 80) and emergency services payments (SB 82) by health insurers. Dr. Kay Kirkpatrick (R-Marietta) presented a House sub that she and subcommittee Chair Darlene Taylor (R-Thomasville) had negotiated with the Georgia Association of Health Plans. The bill requires prior authorisation standards to be listed on an insurer’s website and that prior authorisation approvals be granted within 72 hours in urgent cases and 15 days for routine requests. Numerous physician and advocacy groups testified in favour of the bill, most preferring the Senate version of the bill, such as Medical Association of Georgia, the Georgia Academy of Paediatricians, Georgia Psychiatric Physicians Association, Georgians for a Healthy Future, the American Society for Suicide Prevention, and the Multiple Sclerosis Society. The bill attracted quite a few comments and some request that tighter PA deadlines be worked out in a conference committee. Senator Michelle Au (D-Duluth) presented SB 82 that amends all of the insurance provisions requiring insurer payment for emergency conditions to provide that a subsequent diagnosis that the condition was not an emergency does not permit insurer denials if the prudent layperson standard is met. Two life insurance bills by Senator Marty Harbin (R-Tyrone) were briefly heard but not voted. They seek to tighten up life insurer provisions to notify beneficiaries of life insurance policies and deal with an issue of non payment when a beneficiary does not come forward.

Senate Higher Education Committee

The Senate Higher Education Committee, chaired by Senator Lindsey Tippins (R-Marietta), met today to consider multiple measures.

• HB 617, authored by Representative Chuck Martin (R-Alpharetta), amends Title 20 to allow college athletes to receive compensation for the use of their name, likeness, or image. The bill prohibits the revocation of a scholarship solely due to an athlete receiving compensation. The bill also requires postsecondary institutions to provide financial literacy and life skills courses to student athletes. Representative Martin presented the bill to the committee and explained that this would only create a framework in the event that this practice is permitted by the federal government. In response to a question from Senator Billy Hickman (R-Statesboro), Representative Martin explained that when the NCAA eventually institutes this policy change, the legislature will need to reopen the Code Section addressed in the bill to align it with that framework. Senator Jen Jordan (D-Atlanta) raised concerns that an institution could create contractual language that precludes the players from signing a contract. Representative Martin explained that this provision is designed to prevent players from signing contracts for sponsorships with direct competitors of the sponsors of the team itself. The bill was HELD for further discussion.
• HB 152, authored by Representative Marcus Wiedower (R-Watkinsville), amends Title 20 to exempt schools located on military bases from inspection requirements for non-public postsecondary schools. After Representative Wiedower presented the bill to the committee, Chairman Tippins explained that this bill would be receiving a hearing only.
• HB 291, authored by Representative Katie Dempsey (R-Rome), amends Title 20 to expand the definition of approved schools for tuition equalization grants. Representative Dempsey explained that this bill is designed to specifically increase the participation of nursing programs. Senator Max Burns (R-Sylvania) expressed concerns that the current language of the bill could exclude certain schools because they are labeled as bible schools. Representative Dempsey explained that this exclusion exists within the original statute. Chairman Tippins commented that he would support taking a deeper look at this carve out to allow all schools to remain eligible as long as the nursing program is accredited.

Dr. Shawn Little, Campus President for Chamberlain University School of Nursing, spoke in support of the bill. She explained that the state is currently experiencing a nurse shortage and this bill will help students afford nursing school to bolster the state’s workforce.

This bill was held for further consideration.

• HB 606, authored by Representative Randy Nix (R-LaGrange), amends Title 20 to include the Georgia Independent School Association as an approved accreditation agency for the HOPE scholarship. Representative Nix walked the committee through the bill and introduced Jeff Jackson, President of the Georgia Independent School Association, who spoke in support of the bill. This bill was held for further discussion.

Senate Insurance and Labor Committee
Chairman Dean Burke (R-Bainbridge) and members of the Senate Insurance and Labor Committee swiftly moved through their agenda:

• HB 146, authored by Representative Houston Gaines (R-Athens), seeks to establish in Chapter 20 of Title 45 for three weeks of paid parental leave for state employees and teachers. This includes leave for foster parents. This three-week leave is to be granted only once over a year’s time. The federal government’s paid parental leave, passed under the Trump administration, is for 12 weeks. This legislation was also introduced in 2020 and did not make it through the final process. There was a question regarding whether this three weeks leave would be to run concurrent with the 12 weeks for educators; that will be left up to the local agency. Lobbyist Yosha Dotson spoke that the legislation was a starting point, noting the preference was for 12 weeks. The bill received a DO PASS recommendation, and it now moves to the Senate Rules Committee. Senator Butch Miller (R-Gainesville) will carry the legislation in the Senate.
• HB 205, authored by Representative Noel Williams (R-Cordele), addresses Chapters 7 and 23 in Title 33, relating to travel insurance and it is an attempt to level the playing field and codifies consumer protections. There have been a number of other southeastern states which have adopted this model NAIC bill including Louisiana, Arkansas, North Carolina and Virginia. The Department of Insurance, per Representative Williams, is in favor of the initiative. There were no questions. The bill received a DO PASS recommendation, and it now moves to the Senate Rules Committee.
• HB 509, authored by Representative Houston Gaines (R-Athens), seeks to protect individuals who have pre-existing conditions when procuring health insurance coverage in a new Code section at O.C.G.A. 33-30-16. This legislation would become effective if the Affordable Care Act’s provisions on pre-existing health conditions is ruled unconstitutional or if the law is repealed. Senator Freddie Powell Sims (D-Dawson) asked what the vote was on the bill in the House; Representative Gaines indicated it passed 125-11. He noted that the legislation was similar to a bill passed in Florida. The legislation received a DO PASS recommendation, and it now moves to the Senate Rules Committee. Senator Brian Strickland (R-McDonough) will carry the proposal forward in the Senate.
• HB 241, authored by Representative Matthew Gambill (R-Cartersville), is the legislation addressing O.C.G.A. 33-7-6 regarding insurance service agreements or “warranty contracts.” These are items considered as “optional products” and a good example is a home warranty or tire warranty product. These items are governed by Title 33 and 48 other states have adopted similar legislation. The bill was around in 2020 but ran out of time due to the COVID session. Senator Larry Walker, III (R-Perry) previously had issues with the legislation but his concerns were addressed by the industry. The bill received a DO PASS recommendation, and it now moves to the Senate Rules Committee. Senator Randy Robertson (R-Cataula) will carry the legislation forward.

Senate Health and Human Services Committee
Chairman Ben Watson (R-Savannah) and the Senate Health and Human Services Committee took up the following measures this afternoon:

• HB 370, authored by Representative Jan Jones (R-Milton), addresses board membership term limits (three consecutive terms or no more than 12 years for a licensed 900 bed hospital which is governed by a joint hospital authority in Chapter 7 of Title 31. The only hospital in Georgia which meets this definition is Grady in Atlanta. Representative Jones was asked if she would entertain addressing smaller hospitals; she committed that she could work on that issue next year. There are 60 hospitals which are governed by authorities. This legislation addresses term limits of the board members on the authority. Representative Jones indicated that this would be a mechanism to return $1 million in funding to the hospital’s operations. The bill received a DO PASS recommendation, and it now moves to the Senate Rules Committee. Senator Kay Kirkpatrick (R-Marietta) will carry the bill in the Senate.
• HB 567, authored by Representative Sharon Cooper (R-Marietta), creates Georgia’s Newborn Screening and Genetics Advisory Committee which presently is not codified but operating by rule. This is added at O.C.G.A. 31-12-6 and which will contain up to 21 members. The bill received a DO PASS recommendation, and it now moves to the Senate Rules Committee. Senator Dean Burke (R-Bainbridge) will carry the bill in the Senate. He noted that he has been working on getting funding for one of the diseases presently screened for in newborns: Krabbe A. He is trying to find funding for the disease in the FY 2022 budget.
• HB 316, authored by Representative Ron Stephens (R-Savannah), seeks to increase the pharmacy technician ratio for pharmacists in O.C.G.A. 26-4-82(d). Presently, a pharmacist may directly supervise three pharmacy technicians with one being “certified.” This bill increases the number to four to one with two of the technicians to be certified. There were no questions. Representative Stephens indicated that all pharmacy technicians are to be registered; certification is optional. The bill received a DO PASS recommendation, and it now moves to the Senate Rules Committee. Chairman Watson will carry the bill forward.
• HB 346, authored by Representative Dominic LaRiccia (R-Douglas), is to be known as “Jarom’s Act” so that paramedics are able to provide steroid injections to individuals who have documented with the disease congenital adrenal hyperplasia in O.C.G.A. 31-11-55.2. This disease is salt wasting and impacts 1 in 20,000. The individual must be documented with the disease, in crisis, the drug has to have an expiration date and have information on dosage. There were some questions as to whether other diseases should be added so that paramedics can provide them these injections. Chairman Watson asked to research other medical diseases. Senator Michelle Au (D-Johns Creek) asked that the legislation be amended so that a paramedic administer if the patient is “believed to be” in adrenal crisis. The amendment was adopted and the Substitute received a DO PASS recommendation with an amendment, and it now moves to the Senate Rules Committee. Senator Tyler Harper (R-Ocilla) will carry the legislation in the Senate.

Rules Calendars for Legislative Day 34

The House is expected to take up the following measures on Wednesday for Legislative Day 34:

• HB 703 — Bleckley County; probate judge; provide nonpartisan elections (IGC-Mathis-144th)
• HB 704 — Bleckley County; Magistrate Court chief judge; provide nonpartisan elections (IGC-Mathis-144th)
• SB 43 — "Noncovered Eye Care Services Act"; enact (Substitute)(Ins-Gambill-15th) Brass-28th
• SB 88 — Education; Georgia Teacher of the Year shall be invited to serve as advisor ex officio to the State Board of Education; provide (Ed-LaRiccia-169th) Goodman-8th
• SB 140 — Flag, Seal, and Other Symbols; placement of a monument in honor of the Honorable Zell Bryan Miller upon the capitol grounds of the state capitol building; provide (SProp-Ralston-7th) Mullis-53rd
• SB 182 — Counties and Municipal Corporations; "fence detection system"; define the term; counties, consolidated governments, and municipalities regulate or prohibit such system; limit the ability (GAff-Gullett-19th) Robertson-29th

The Senate is expected to take up the following measures on Wednesday for Legislative Day 34:

• HB 63 — Alternative ad valorem tax; motor vehicles; revise definition of fair market value (FIN-51st) Blackmon-146th
• HB 112 — Torts; provide certain immunities from liability claims regarding COVID-19; extend applicability for one year (JUDY-17th) Kelley-16th
• HB 169 — Motor vehicles; commercial driver's license; provide requirements for issuance (PUB SAF-56th) Corbett-174th
• HB 207 — Motor vehicles; electronic submission of certain documentation required of manufacturers, distributors, dealers, secondary metals recyclers, used motor vehicle parts dealers, and scrap metal processors by the Department of Revenue; provide (Substitute) (PUB SAF-56th) Corbett-174th
• HB 208 — State holidays; second Wednesday of February of each year as National Swearing-in Day in Georgia; provide (VM&HS-53rd) Cheokas-138th
• HB 497 — Code Revision Commission; revise, modernize and correct errors or omissions (JUDY-17th) Efstration-104th
• HB 693 — Motor vehicles; operation of farm tractors on interstate highways; prohibit (AG&CA-24th) Meeks-178th