Lawmakers returned to the Capitol despite the downpour of rain and quickly got down to work for the people of Georgia. The first task tackled was the House Appropriations Committee taking action on its complete recommendations for the FY 2021 Amended Budget. After hearing the presentation of the recommendations by Chairman Terry England (R-Auburn) which he acknowledged had been on a “harried pace”, and swiftly moving the legislation forward out of the Committee, the Chairman announced that HB 80 would be on the floor of the House on Thursday morning. Our team will keep you posted as the budget makes its way through the process. The Committee Substitute on HB 80 is found in this link. The Committee Tracking Report is in this link, showing differences between the Governor and House versions of the proposed FY 2021 Amended Budget.

The House and Senate also had special guests on the floors of each chamber today. Atlanta Mayor Keisha Lance Bottoms addressed members of the House and Senate. Neither body is having “company” this legislation session due to the surge in COVID cases, but exception was taken today. Additionally, former President Pro Tem Tommie Williams (R-Lyons), who most recently served as the minister-counselor for agriculture in the United States Mission to the United Nations Agencies for Food and Agriculture, spoke to the senators. Williams remarked that more than 800 million individuals live in situations of food insecurity worldwide. Many of those live in conflict-ridden regions in Africa.

In today’s Report:

• House Unveils Amended FY2021 Budget
• Committee Reports
• New Legislation

House Unveils Amended FY2021 Budget

Chairman of the House Appropriations Committee Terry England (R-Auburn) outlined for the Committee the $26.5 billion in state fund budget proposal for the FY 2021 Amended year ending on June 30, 2021. The House aligned with many of the Governor’s proposals but made a few changes to the proposed spending plan contained in HB 80. There were no substantive questions raised before the Committee provided a DO PASS recommendation on the proposal, moving the Committee Substitute to the House Rules Committee which is projected to be on the House Floor on January 28, 2021. A few of the changes which the House Appropriations made include:

• A reduction of more than $860,000 in the Department of Behavioral Health and Developmental Disabilities’ Adult Forensic Services program due to a delayed start date of a 40-bed unit at West Georgia Regional in Columbus
• An addition of more than $478,000 in the Department of Community Health’s Healthcare Facility Regulation program to support strategic measures for stabilizing staffing in the nursing home program
• A deeper reduction of funds regarding the Department of Community Health’s Aged Blind and Disabled program’s growth based on projected need to $108 million rather than $88 million as Governor Kemp proposed
• An addition of more than $9.7 million in the Department of Community Health’s Aged Blind and Disabled program for submitting an 1115 waiver to increase the Medicaid growth allowance for skilled nursing facilities by 5 percent for an overall rate increase of 3.5 percent effective July 1, 2020 through December 31, 2020
• Another addition of more than $9.5 million in the Department of Community Health’s Aged Blind and Disabled program for funding a Medicaid increase growth allowance for skilled nursing centers by 5 percent for an overall rate increase of 3.5 percent effective January 1, 2021 through June 30, 2021
• More than $38 million in the Department of Education’s Pupil Transportation program for an additional 500 school buses
• Approximately $2.6 million in the Department of Education’s Quality Basic Education program for growth in the Special Needs Scholarship
• An addition of more than $840,000 in the Department of Education’s Technology/Career Education program (more than what Governor Kemp proposed at $674,000) to offset the austerity reduction Extended Day/Year, Vocational Supervisors, Industry Certification, and Youth Apprenticeship programs
• A few changes within the Department of Human Services’ Child Welfare program including
  • An addition of more than $176,000 to the Multi-Agency Alliance for Children’s LEADS education program
  • A reduction of $226,668 to reflect a delayed start dates of 12 supervisor-mentor and foster care support services positions
  • Language to support the continued use of federal funds for the Community Services Block Grant (CSBG) ($26,896,180), Low-Income Home Energy Assistance Program (LIHEAP) ($44,684,626), and additional child welfare services ($1,729,109) to prevent, prepare for, and respond to the COVID-19 pandemic.
• Almost $286,000 in the Department of Public Health’s Departmental Administration program for a chief medical officer, a deputy commissioner of public health, and a chief data officer to support the agency with COVID-19 pandemic response as well as provide ongoing public health leadership
• An $18 million dollar addition in the Department of Public Health’s Epidemiology program to replace and modernize the public health surveillance system to improve current COVID-19 pandemic response as well as future epidemiologic surveillance capacity (this will in part address the vaccine registry system known as GRITS)
• An addition of more than $15.4 million in the Department of Public Health’s Infectious Disease Control program to fund the AIDS Drug Assistance Program (ADAP) to support the increased utilization during the COVID-19 pandemic

Committee Reports

Senate Education & Youth Committee
The Senate Education & Youth Committee, newly chaired by Senator Chuck Payne (R-Dalton), convened for its first meeting of the legislative session this afternoon. After opening the meeting with a statement that his focus will be on “the best interest of the child," Chairman Payne turned the floor over to State School Superintendent Richard Woods.

Superintendent Woods provided an overview of school reopening in Georgia, noting that almost all public school districts have restarted with some kind of in-person instruction available. He reiterated the Department’s position on COVID response, which has been “compassion over compliance.” The Department has worked with GEMA to issue PPE around the state and provided safety guidance with the Department of Public Health; expanded connectivity by deploying WiFi rangers and range extenders and forming partnerships with major carriers to access discount access plans; and served over 111 million meals. Superintendent Woods also discussed the Department’s efforts to limit COVID-19 learning loss, including the implementation of the Beacon formative assessment tool. According to Woods, 80% of school districts are planning summer schooling or programming and reworking class schedules to add opportunities during the school day to reduce learning loss. The Department is also considering creating a grant for school districts specific to learning loss, targeted toward extended school day/year and summer programs.

In response to a question from Senator Lester Jackson (D-Savannah), Superintendent Woods noted the current statewide graduation is approximately 84%, and he is committed to increasing it to at least 90%. It has grown from 69% when Superintendent Woods was elected. Senator Jason Anavitarte (R-Dallas) asked when statistics will be available detailing COVID learning loss, to which Superintendent Woods stated that the Milestones exams will be given this year and provide data, as well as Beacon and other assessment tools in use. Chairman Payne inquired about mental health resources for students and staff, and Superintendent Woods noted that there are a variety of resources being deployed. Senator Greg Dolezal (R-Cumming) asked how many districts are not offering five-day-per-week in-person education, data which Matt Cardoza committed to secure. Senator Dolezal also asked how special needs students are being served, to which Superintendent Woods said that obligations under IDEA and IEPs are still being met, in many cases by districts sending resources out to students. Superintendent Woods did reiterate that Georgia is ahead of the curve with school reopening thanks to the efforts of local districts.

Superintendent Woods also addressed vaccinations of teachers in the state. He framed this as a priority for the Department but the reality of the situation shows there is a shortage of doses. He does not anticipate a lot of shifts in the Department’s view on the process for this school year.

Senator Sonya Halpern (D-Atlanta) asked how the Department will be acting to avoid learning loss from teacher turnover once normal teaching environments have returned. Superintendent Woods discussed his efforts for teacher recruitment and retention including access. He also expressed hope that the $1,000 bonus will help with retention. Other strategies included mental health support and helping districts with their individual needs.

Chairman Payne expressed his gratitude to the Superintendent and all teachers across the state along with his hopes that the state will operate with a collaborative effort to bring improvements to the education system as it returns to a sense of normal education.

House Higher Education Committee
Chairman Chuck Martin (R-Alpharetta) held an initial meeting today of the House Higher Education Committee. He introduced new Committee leadership including a Vice Chair Ginny Ehrhart (R-Powder Springs) and Secretary Patty Bentley (D-Butler). Also, another new member of the Committee has been added, Representative Kasey Carpenter (R-Dalton). The analyst for the Committee is Cortney George and Sarah Galyean serves as the Committee’s administrative assistant. The Committee took action on one item and that was adopting its Rules of operation which did have some changes from those which the Committee operated under in 2020 (it allows flexibility in order of presenting a bill if the author is unavailable). Chairman Martin indicated that the Committee will routinely meet on Wednesdays at 1:00 PM, and it will begin taking action on the bills assigned to it, including a bipartisan effort, HB 67 relating to non-lapsing revenues because if the legislation is not enacted it could impact budgeting efforts.

Senate Finance Committee
The Senate Finance Committee, under the leadership of Chairman Chuck Hufstetler (R-Rome), met and adopted their Rules which mirror those the Committee operated under in 2020. The only other new business which the Committee took action upon was SB 6, by Senator John Albers (R-Roswell). SB 6 is the “Tax Credit Return on Investment Act of 2021” and is a rewrite of a previously passed piece of legislation which will permit analyses of tax credits to be done independently by the Office of Planning and Budget or through a contracted entity. Sen. Albers indicated that this legislation allows the General Assembly to look at what tax credits are performing well and those which are not or perhaps out-of-date. Senator Steve Gooch (R-Dahlonega) inquired about the authority for the audits to be performed; this legislation establishes that authority more clearly so that the Chairs of the Senate Finance Committee and House Committee on Ways and Means may ask for them. Newly elected Senator Billy Hickman (R-Statesboro), and who is also a CPA, inquired about the “return on investment” and its meaning; Senator Albers explained that the economic analysis would also look at the credit for its five years (noting that many times that it took four years before enough data was captured to evaluate). Senator Albers clarified for Senator Hickman that it would look at intrinsic values.

Finally, in closing, Chairman Hufstetler told his Committee that there will be legislation put forth to look at conducting a new study on Georgia’s tax structure. No such study has been done since 2010-2011. The report from the prior study was being shared with the Committee as a starting point.

New Legislation

The House read and assigned the following legislation to committee today:

• HB 100, authored by Representative Carl Gilliard (D-Garden City), amends O.C.G.A. § 48-9-3 to provide a tax credit for motor fuel and compressed natural gas for vehicles owned for public transport. This bill was referred to the House Ways and Means Committee.
• HB 101, authored by Representative Josh McLaurin (D-Sandy Springs), amends O.C.G.A. § 21-2-216 to allow for individuals convicted of felonies involving moral turpitude to register to vote. This bill would only become effective after the successful passage of a constitutional amendment question on the 2022 general election ballot. This bill was referred to the House Special Committee on Election Integrity.
• HB 109, authored by Representative Heath Clark (R-Warner Robbins), amends O.C.G.A. § 9-3-33.1 to increase the period an individual may bring a civil action for the recovery of damages resulting from abuse suffered as a child. The bill creates a one year period beginning on its effective date during which an individual that was prevented from filing a claim due to the expiration of the statute of limitation may file a new claim. The bill does not allow these claims to be filed against entities for action or inaction prior to July 1, 1988. This bill was referred to the House Judiciary Committee.
• HB 111, authored by Representative Bruce Williamson (R-Monroe), is the annual banking code update. This bill was referred to the House Banks and Banking Committee.
• HB 112, authored by Representative Trey Kelley (R-Cedartown), amends multiple Code sections to extend COVID-19 liability protections for one year after the August 5, 2020 effective date of the original legislation. This bill was referred to the House Special Committee on Access to the Civil Justice System.
• HB 113, authored by Representative Kimberly Alexander (D-Hiram), amends O.C.G.A. 21-2-220 to allow for in-person same-day voter registration. This bill was referred to the House Special Committee on Election Integrity.
• 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. This bill was referred to the House Ways and Means Committee.
• HB 115, authored by Representative Mike Wilensky (D-Dunwoody), amends O.C.G.A. § 33-54-1 et seq. to prohibit insurers from using information derived from genetic testing for any non-therapeutic use. This bill was referred to the House Insurance Committee.
• HB 116, authored by Representative Dewey McClain (D-Lilburn), amends O.C.G.A. 34-4-3 to increase the minimum wage to $15 per hour. This bill was referred to the House Industry and Labor Committee.
• HB 117, authored by Representative Mike Wilensky (D-Dunwoody), amends O.C.G.A. § 31-2A-18 to add Ulcerative Colitis to the list of conditions for which medical cannabis may be prescribed to treat. This bill was referred to the House Regulated Industries Committee.
• HB 118, authored by Representative Rhonda Burnough (D-Riverdale), amends O.C.G.A. § 20-2-292 to rename sparsity grants the FAIR Georgia grant. This bill was referred to the House Education Committee.
• HB 119, authored by Representative Karen Mathiak (R-Griffin), amends O.C.G.A. § 14-7-4 to allow chiropractors to jointly own a professional organization with physicians. This bill was referred to the House Regulated Industries Committee.
• HB 120, authored by Representative Kasey Carpenter (R-Dalton), amends O.C.G.A. § 20-3-66 and 20-4-21 to allow nonimmigrant aliens as defined by federal law to be classified as in-state for tuition purposes for the Technical College System of Georgia. The classification does not apply to individuals seeking admission to any institution of the University System of Georgia that is classified as a research institution. This bill was referred to the House Higher Education Committee.
• HB 121, authored by Representative Bee Nguyen (D-Atlanta), amends O.C.G.A. § 21-2-234 to remove elector list maintenance for no contact voters from the required duties of the Secretary of State. This bill was referred to the House Special Committee on Election Integrity.
• HB 126, authored by Representative Rick Williams (R-Milledgeville), amends O.C.G.A. § 35-1-8.1 to allow law enforcement agencies to collect genetic material from a missing child or adult's family member if the missing person is not found within 90 days. This bill was referred to the House Public Safety and Homeland Security Committee.
• HB 128, authored by Representative Rick Williams (R-Milledgeville), amends O.C.G.A. § 31-1-24 to prohibit health care providers from discriminating against a potential organ transplant recipient due solely to the recipient's physical or mental disability. This bill was referred to the House Health and Human Services Committee.
• HR 28, authored by Representative Josh McLaurin (D-Sandy Springs), proposes a Constitutional amendment to remove conviction of a felony involving moral turpitude as an exception to the right to register and vote. This resolution was referred to the House Special Committee on Election Integrity.
• HR 30, authored by Representative Ron Stephens (R-Savannah), calls for a Constitutional amendment to authorize the General Assembly to provide for the licensing of destination gambling resorts in the state. This resolution was referred to the House Economic Development and Tourism Committee.

The Senate read and assigned the following legislation to committee today:

• SB 20, authored by Senator Chuck Payne (R-Dalton), amends O.C.G.A. § 15-11-747 to add three new members to the Child Advocate Advisory Committee. These new members include a current or former foster parent to be appointed by the Governor, a former foster child that reached the age of majority or graduated from high school while in the foster care system to be appointed by the Lt. Governor, and an individual that served at least three years as a court appointed special advocate to be appointed by the Speaker of the House. This bill was referred to the Senate Education and Youth Committee.
• SB 23, authored by Senator Elena Parent (D-Atlanta), amends O.C.G.A. § 50-3-1 to allow local governments to remove, relocate, or obscure monuments, plaques, markers, or memorials upon the passage of a resolution by the local government. This bill was referred to the Senate Government Oversight Committee.
• SB 24, authored by Senator Gloria Butler (D-Stone Mountain), amends O.C.G.A. 34-4-3 to increase the state minimum wage to $15 per hour. This bill was referred to the Senate Insurance and Labor Committee.
• SB 25, authored by Senator Gloria Butler (D-Stone Mountain), amends O.C.G.A. § 48-7-29.10 to increase the tax credit for qualified child and dependent care expenses to 100% of all taxable years beginning after January 1, 2021. This bill was referred to the Senate Finance Committee.
• SB 26, authored by Senator Sheikh Rahman (D-Lawrenceville), amends O.C.G.A. § 21-2-385 to provide for absentee ballot drop boxes at every early voting location. This bill was referred to the Senate Ethics Committee.
• SR 20, authored by Senator Elena Parent (D-Atlanta), calls for a Constitutional amendment to require reapportionment be performed by an independent nonpartisan commission. This resolution was referred to the Senate Redistricting and Reapportionment Committee.