The Atlanta Braves are still in Spring Training, but the Georgia General Assembly started the seventh inning of its 2023 Legislative Session on Thursday. But just like at the ballpark, fates, and fortunes can swing wildly in the waning moments of a convening. Legislators and lobbyists alike must beware of the bunts and stolen bases that might threaten their bills’ chances–and take their own swings to achieve final passage. Whatever the count, the #GoldDomeReport will be watching for the signs to the end.

The House signed off on its version of the FY24 State Budget on Thursday afternoon, but the Senate didn’t wait on their colleagues to vote before questioning their allocations. Appropriators in the Upper Chamber met throughout the day to discuss the “big budget” and closely examine the House’s changes to the Governor’s proposals. If Senators’ questions are any indication of what’s to come, there are likely to be a few differences between the chambers’ spending plans.

On a more somber note, we would like to extend our heartfelt condolences to the family and friends of Rep. Tish Naghise (D-Fayetteville). Her passing was announced on Wednesday, and she was memorialized in the House on Thursday by Speaker Jon Burns (R-Newington) and other members.

In this Report:

• Floor Action

• Committee Reports

• New Legislation

• What’s Next

Floor Action

The House took up the following measures on the floor on Legislative Day 31:

• HB 19 - General appropriations; State Fiscal Year July 1, 2023 - June 30, 2024 (Substitute)(App-Burns-159th). The Committee Substitute passed by a vote of 167-1.

The Senate took up the following measures on the floor on Legislative Day 31:

• HB 55 - Banking and finance; provide for definitions; provisions (B&FI-18th) Williamson-112th. The bill passed by a vote of 52-0.

• HR 157 - Property; conveyance of certain state owned property; authorize (Substitute) (SI&P-15th) Greene-154th. The Committee Substitute passed by a vote of 51-0.

• HR 158 - Property; granting of nonexclusive easements; authorize (Substitute) (SI&P-15th) Greene-154th. The Committee Substitute passed by a vote of 50-0.

Committee Reports

House Education Committee - Curriculum Subcommittee

Chairman Bethany Ballard (R-Warner Robins) and the Curriculum Subcommittee took up the following bills:

• SB 211, authored by Sen. Billy Hickman (R-Statesboro), creates the Georgia Council on Literacy in O.C.G.A. 20-1-40 et seq. He explained that Georgia has an illiteracy problem. Graduation rates and literacy rates do not “match” in Georgia. Fifty-seven percent of Georgia kids do not read on grade level, impacting the workforce. It compliments HB 538 and Ballard and Rep. Will Wade's (R-Dawsonville) work. It reviews birth to post-secondary programs. A three-year council will meet four times annually. A report will be generated annually in November and shared with the Governor, Lt. Governor, and Speaker. Not all children attend Pre-K and kindergarten – some children are, thus, two years behind entering first grade. Reading metrics are also varying and a goal is to look at those metrics. According to Hickman, there is also a need for community involvement in literacy. Ballard and Wade offered an amendment, which Hickman was amenable to. The legislation is a priority, and investment is needed for the children. The House version of the FY 2024 Budget does not have any language on the literacy coaches, and a budget proposal is being formed. The goal is to have a literacy coach within the Office of Student Achievement; the Senate intends to insert that funding in the budget. Rep. Becky Evans (D-Atlanta) supported the legislation and wants standards aligned with evidence-based practices. A dashboard on literacy rates is a good thing and the state should be held accountable. Evans noted her bill, HB 537, which would be a good companion to this initiative (align PSC standards with evidence-based literacy instruction). Hickman also remarked on Georgia’s large problem with dyslexia, which is to be reviewed. English as a second language and poverty are concerns. A motion was made to provide a recommendation to DO PASS. Amendments were offered and adopted. The legislation was passed as amended. The bill moves to the House Rules Committee. Mike Griffin with the Georgia Baptist Mission Board explained the Baptist Church's Read Georgia program to help local schools with reading. His organization supports the bill.

• SB 204, authored by Sen. Greg Dolezal (R-Cumming), seeks to address the accreditation process to assure the quality of schools in a new Code section at O.C.G.A. 20-14-96. It was before the Committee as LC 49 1390s. Former State Senator Lindsey Tippins originated this legislation. Line 61 — the quality of learning and teaching with a “floor” of 65% with the DOE Board given some flexibility. Another major component of the legislation is at line 69, addressing financial efficiency, noting that it could be as high as 35%. Line 85 has due process. Line 105 addresses no cross selling in the accreditation process. Cognia has addressed the language in the legislation. Evans asked about changes that Cognia had addressed — quality of learning and teaching — they asked for the State Board to have latitude. Another change that Cognia asked for was around the cross selling of other resolution services. HOPE also requires that schools be accredited. Private accreditation agencies would need to be looked at in the future. This legislation only addresses public school accreditation. Rep. Mike Cheokas (R-Americus) asked to work on the legislation further and made the motion to table. The local boards of education and State School Board are issues, and he expressed his discomfort with the legislation. There are “assumptions” in the legislation that need further review. The motion to table failed. The Subcommittee also inquired about Rep. Ginny Ehrhart’s (R-Marietta) legislation on accreditation, which passed out of the Committee but did not make it to the Floor of the House for Crossover Day. Rep. Earl Carter (R-Savannah) asked to be recognized to make a motion to DO PASS. Phil Murphy, with the Georgia Accrediting Commission, clarified that individual schools are accredited and not districts. Cheokas asked to amend the legislation to substitute the legislation with a new bill. Carter indicated that the substitute is out of order (it was actually Ehrhart’s legislation previously considered). Rep. Lauren Daniel (R-Locust Grove) asked if the Ehrhart bill had passed out unanimously. It was passed 14-1 by the Committee. The reason for the substitute is there is no appeals process, and Cheokas argued that it was necessary. Dolezal also was not provided a copy of the substitute. Line 97 was pointed out to the Committee. The Ehrhart version is locked in with a number, and there is no floor of 65%, which had been requested by Cognia. There was a discussion of the public records component in the Ehrhart legislation, which can also be found in Dolezal’s legislation. Rep. Mesha Mainor (D-Atlanta) also asked questions about funding and transparency of those funds. The motion to amend passed. The bill received a DO PASS recommendation as amended, moving now to the House Rules Committee.

House Education Committee - Policy Subcommittee

Chairman Scott Hilton (R-Peachtree Corners) and the Policy Subcommittee took up the following bills:

• SB 32, authored by Sen. Jason Anavitarte (R-Dallas), amends Title 20 to require local education agencies to implement a mobile panic alert system capable of connecting disparate emergency services technologies to ensure real-time coordination between multiple states and local first responder agencies in the event of a school security emergency. The bill requires the State to contract with a vendor(s) to provide these systems but does not require any school district to re-procure a system if they have implemented one that meets the bill’s requirements.

Anavitarte presented the bill to the Subcommittee, explaining that many schools already have these systems and those that do not can use school safety grants to procure them. Evans asked how many vendors offer these systems, to which Senator Anavitarte said, “a handful.” Daniel asked about the expected cost of the systems. Anavitarte said that it varies by school and district size but could range between $2,000-$4,000, and the school safety grants would certainly cover the cost. The Committee suggested that the bill could be harmonized and perhaps combined with Rep. Penny Houston’s (R-Nashville) HB 469. Buddy Costley of the Georgia Association of Educational Leaders spoke and thanked Senator Anavitarte for including language allowing schools to continue using existing systems but noted that the QBE formula does not contemplate the continuing costs of school safety.

The Subcommittee took no action on the bill pending Senator Anavitarte’s collaboration with Houston. Chairman Hilton said the Subcommittee would take up the measure again next week. 

• SB 45, authored by Anavitarte (R-Dallas), amends Title 20 to care for students being treated for epilepsy or a seizure disorder. The bill allows a parent or guardian to submit a seizure action plan to their student annually. The action plans must include specific elements and be made accessible at schools. The bill requires the Department of Education to develop a model seizure action plan and establish standards for employee seizure training by Aug. 1, 2023.

Anavitarte presented the bill to the Subcommittee, noting that the bill has been changed to require that only one teacher per grade be trained to respond to a seizure. The bill also limits the liability of schools in their response to a seizure and requires annual submission of the plans. Wade expressed concern that one teacher per grade might be too prescriptive. He asked about the author’s openness to allowing flexibility for schools to ensure that a trained individual is readily available. A.J. Taylor, the bill's namesake, appeared in support of the bill.

The Subcommittee took no action on the bill and encouraged Anavitarte to work with Wade to address his concerns. Chairman Hilton said the Subcommittee would take up the measure again next week.

House Public Health Committee

Chairman Sharon Cooper (R-Marietta) and her Public Health Committee met this morning to address:

• SB 46, authored by Sen. Chuck Hufstetler (R-Rome), seeks to control sexually transmitted disease in O.C.G.A. 31-7-4.2, to require physicians and healthcare providers to test all pregnant women for HIV and syphilis at the first prenatal visit, at 28–32 weeks gestation, and delivery of the child. Senator Hufstetler explained that syphilis had made a comeback after it had essentially been unheard of. If treated in the womb, it can help children by preventing them from being born with congenital syphilis. If untreated, it can have a number of effects on a child - including the malformation of the child’s long bones. The Department of Public Health supports the legislation. The costs are minimal for the testing. He noted that Mississippi has seen huge increases in the disease. Cooper indicated she would carry the legislation in the House. Even if determined to have HIV in the first trimester, those children can be helped. The legislation expands testing to the first appointment, by 32 weeks, and at birth. Cooper indicated that HIV shows up in all segments of our population. There is currently an exception to testing at delivery if the mom does not have high-risk activities. The opt-out is still allowed by the woman. Testing is not mandatory; the opt-out is a conversation with the provider and risks explained by the provider to the woman. The hope is that if the woman opts out, that opt-out is documented in the medical record. If the individual tests HIV positive, there is a follow-up as the disease must be notifiable to the Department of Public Health (either physician or laboratory results), and there are linkages to care. Rep. Teddy Reese (D-Columbus) expressed his support of the legislation. The Committee gave a DO PASS recommendation to the legislation, moving it forward to the House Rules Committee.

House Insurance - Life and Health Insurance Subcommittee

The long run of the network adequacy bill, SB 20, came to its House first approval early Thursday morning. Sen. Kay Kirkpatrick (R-Marietta) presented her bill. It received some questions from Representative Noel Williams (R-Cordell) about whether it was necessary given the full networks of the major insurers, but Representative Lee Hawkins (R-Gainesville) spoke in defense of the bill as necessary for the small carriers. Greg Conley, General Counsel for the Commissioner of Insurance, spoke in favor of the bill and thanked the sponsor for providing greater flexibility to the Department of Insurance in examining market performance by insurers for their network adequacy.

House Ways & Means - Income Tax Subcommittee

Chair Bruce Williamson (R-Monroe) called the subcommittee to order to hear one measure. No action was taken on the following measures.

• HR 324, authored by Houston (R-Nashville), establishes a House Study Committee on the job tax credit tier system. Houston noted that her home county was in tier one and was moved into tier two. She inquired why their county was moved from one to tier two. The reason for shifting includes poverty level, unemployment, and per capita income. Houston felt these metrics do not give a full, adequate picture of a county. Many of her committee members agreed and spoke in favor of the study.

House Ways & Means - Ad Valorem Subcommittee

Chair David Knight (R-Griffin) called the subcommittee to order to hear one measure. No action was taken on the following measures.

• SB 220, authored by Sen. Russ Goodman (R-Cogdell), amends Chapter 10 of Title 44 of the O.C.G.A. to create the Georgia Farmland Conservation Act. It creates a Purchase of Agriculture Conservation Easement program with a council overseeing it. This is a dollar-for-dollar match to protect real property. The farmer can sell an easement on their farmland to keep the property as agricultural use land in perpetuity. There are 29 other states that have similar programs. Chairman Knight asked about the data from other programs and their success. Rep. Chuck Martin (R-Marietta) asked about the per acre cost of a farmer selling their easement. Katherine Moore from the Georgia Conservancy came forward to explain this would be based on an appraisal. The original intent of this is to protect agricultural land from developers. Rep. Debbie Buckner (D-Junction City) wanted to clarify two points on inheritance and the 1% cap to the trust fund. 

House Ways & Means - Sales Tax Subcommittee

Martin, the chair of the subcommittee, called the subcommittee to order to hear one measure. No action was taken on the following measures.

• SR 214, authored by Senator Frank Ginn (R-Danielsville), to create a joint study committee on local option sales tax and service delivery strategies. ACCG and GMA expressed support for the study.

House Ways & Means - Public Finance and Policy Subcommittee

Chair Ron Stephens (R-Savannah) called the subcommittee to order to hear one measure. No action was taken on the following measures.

• SB 127, authored by Sen. Billy Hickman (R-Statesboro), seeks to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated. This is a companion bill to Representative Ron Stephens’s HB 223 on the tourism marketing industry.

New Legislation

The following legislation of interest has been introduced. Since the General Assembly is beyond Crossover Day, new legislation requiring action in both chambers is not eligible to achieve final passage by both chambers during this legislative session, but it will be available for consideration during the 2024 Legislative Session.

What’s Next

The General Assembly is in adjournment on Friday and will reconvene for Legislative Day 32, on Monday, March 13, at 10 a.m. 

The House is expected to consider the following measures on Legislative Day 32:

• SB 21 - Georgia Veterans Service Foundation, Inc.; revise operations (D&VA-73rd) Kirkpatrick-32nd

• SB 23 - O.C.G.A.; various titles; revise a committee name; relating to inactive boards, panels, authorities, centers, commissions, committees, councils, task forces, and other such bodies; provisions; repeal (CR-48th) Kirkpatrick-32nd

The Senate is expected to consider the following measures on Legislative Day 32:

• HB 147 - Safe Schools Act; enact (Ed-9th) Hodges-3rd

• HB 155 - Professions and businesses; issuance of licenses by endorsement for spouses of firefighters, healthcare providers, and law enforcement officers who relocate to Georgia; provide (Substitute)(RI-49th) Albers-56th

• HB 165 - State government; public disclosure not required relative to inspection of public records; include certain documents from Department of Natural Resources (NR&E-64th) Anavitarte-31st

• HB 332 - Controlled substances; Schedules I, IV, and V; provide certain provisions (JudyNC-158th) Watson-1st