The House Chamber was filled with black robes (and maybe a nervous member or two) as the Georgia Supreme Court and Georgia Court of Appeals assembled for the annual State of the Judiciary Address on Tuesday. After Chief Justice David Nahmias delivered his remarks, the jurists returned to their benches, and legislators got back to work–which included an apology from a House member whose cheeky hand gesture ruffled quite a few feathers.

Meanwhile, the Senate took up Lt. Governor Geoff Duncan’s proposal to help foster children leaving the state’s child welfare system, SB 370, the "Fostering Success Act" carried by Senator Bill Cowsert (R-Athens), provides for tax credits for contributions made by taxpayers to certain foster child support organizations. Details on this bill and the rest of Tuesday’s action in this #GoldDomeReport.

In this Report:

• Senate Passes Fostering Success Act

• Committee Reports

• New Legislation

• What’s Next

Senate Passes Fostering Success Act

SB 370, the Lieutenant Governor’s “Fostering Success Act” carried in the Senate by Senator Bill Cowsert (R-Athens) cleared the Senate unanimously this afternoon.  Senator Cowsert presented the bill, explaining that the legislation was inspired by foster parents, including a former recipient of foster care services, Rick Jackson, the founder of Jackson Healthcare.  Senator Cowsert reminded his colleagues that the State has an obligation to take care of the least of these - including the elderly, the disabled, and children.  Children and youth aging out of child welfare at age 18 are not ready to live on their own without requisite support services so that they receive an education and gain employment. The wraparound services which independent living programs offer these youth are helpful to keep them in school. This legislation allows for an individual to receive a state income tax credit for donations to qualified foster child support organizations (non-profit entities). This tax credit is up to $2500 for an individual who makes this donation; credits of $5000 are allowed for married couples, S-corps, a partner in a partnership, and a member of a limited liability company. This credit is proposed in O.C.G.A. 48-7-29.24. Senator Chuck Hufstetler (R-Rome) spoke to the proposal noting the success that the state had experienced with implementing the tax credit for individuals who adopt foster care youth - and the increase of this credit. Senator Hufstetler noted that the credit encouraged adoptions, with 3,000 youth finding permanent homes, saving the state funds.  He further noted that the passage of the Market Place Facilitator law allows sales tax to be collected and is an example of how the state can afford to extend this new tax credit - in addition to the revenues which the state has collected recently.  The fiscal note on the legislation does not reflect any cost to the state in 2022 but will initially be a cost of $13.5 million and may top out around $20 post-delivery vote was 55-0. The legislation now moves to the House.

Committee Reports

House Health and Human Services Committee

The House Health and Human Services Committee, chaired by Representative Sharon Cooper (R-Marietta), met to consider the following propositions:

• HB 918, authored by Representative Mike Cheokas (R-Americus), establishes a Rare Disease Advisory Council. The measure aims to establish a council to bring attention to rare diseases in the form of advocacy, research, caregiving, education, and furthering the prospect of cures. The council will be comprised of 15 members, five appointed by the Governor, Lt. Governor, and Speaker.

Representative Cheokas presented the bill to the Committee as a substitute (LC 33 8990S) which places the council under the purview of the Department of Public Health and includes a pediatric specialist on the panel. The legislation is supported by the Department of Public Health and GeorgaBio. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

• HB 963, authored by Representative Butch Parrish (R-Swainsboro), amends Title 16 and is the annual dangerous drug update.

Representative Parrish presented the bill to the Committee. Representative Spencer Frye (D-Athens) asked why the COVID-19 vaccine is included in the dangerous drug list, to which Representative Parrish noted that many “dangerous drugs” are simply those that require a prescription. Chairman Cooper expressed concern about the designations of fentanyl and asked that Representative Parrish keep her updated on these designations. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• HB 1086, authored by Representative Katie Dempsey (R-Rome), amends Title 31 to lower the age to 50 years old for hospitals to offer inpatients vaccinations for the influenza virus prior to discharge. Current law sets the age at 65; this bill will lower the age to 50 but still allow patients to accept or decline the offer of the flu vaccine.

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

• HB 1092, authored by Representative Sharon Cooper (R-Marietta), is the Georgia Women's CARE (Child Care Alternatives, Resources, and Education) Act. The bill amends Titles 17 and 42 to address issues around the arrest and detention of pregnant and postpartum females. Specifically, the legislation allows a judge to defer the sentence of a pregnant woman until six weeks post-delivery. It requires participants to participate in perinatal health care, treatment, and assessments, as well as education and resource programs. The bill also requires monthly check-ins with the sentencing judge.

Chairman Cooper presented the bill to the Committee, noting that this builds upon her anti-shackling work over the past several years. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• HB 1192, authored by Representative Sharon Cooper (R-Marietta), amends Title 49 to require the Department of Community Health to submit a Section 1115 waiver request to the Centers for Medicare and Medicaid Services for a demonstration project to provide treatment services under Medicaid to persons living with HIV.

Chairman Cooper presented the bill to her Committee, which she explained would create a pilot program to provide more effective, early treatment of HIV by making available a package of services, including antiretrovirals. This project would move these individuals to the Medicaid CMOs and out of fee-for-service and is intended as a cost-saving measure to prevent the General Assembly from having to backfill the cost of serving these individuals in the amended budget each year. Matt Hicks, Chief Policy Officer for Grady Health System, spoke in support of the legislation. Representative Rick Jasperse (R-Jasper) asked if the pilot would be limited to one site, to which Mr. Hicks stated that he would expect a statewide program. Shea Ross-Smith of the Kaiser Foundation Health Plan of Georgia and Bethany Sherrer of the Medical Association of Georgia also expressed support for the legislation. The Committee recommended the bill DO PASS and be sent to the Rules Committee. 

• HR 629, authored by Representative Darlene Taylor (R-Thomasville), creates the House State Health Benefit Plan Study Committee. This study committee was recommended by the House Rural Development Council.

Representative Taylor presented the resolution to the Committee, which recommended the resolution DO PASS and be sent to the Rules Committee.

In addition to considering legislation, the Committee heard a presentation by Lynn Durham, President, and CEO of the Georgia Center for Oncology Research and Education, on its work advancing cancer care in Georgia.

Chairman Cooper also noted that the Committee will hear HB 1013 on Wednesday, February 16. Time and location is to be determined, but the Chairman told attendees to expect three hours. She also asked that proposed amendments be delivered to her in writing and reference page numbers and line numbers.

House Judiciary Non-Civil Committee – Smith Subcommittee

Chairman Tyler Paul Smith (R-Bremen) called the Smith Subcommittee to order to discuss several measures, including,

• HB 572, authored by Representative Josh McLauring (D-Sandy Springs), amends Article 3 Chapter 8 Title 17 of the Georgia Code relating to plain errors. This would alter the process for when an error is made in court. Instead of the error going straight to court and “clogging up” superior courts with documents and evidentiary hearings, an additional document would be added to the briefs for the appeal. While the high standard for proving plain error was made clear, concerns were raised about the process. Concessions were made that the courts do this to some extent because it is in three different places in the law currently, under rules of evidence, jury instruction, and review of judicial content of evidence. Additional concerns were raised on strategic non-objections but seemingly were rectified by a discussion on the burden of proof and the low statistical likelihood of the strategy working. The measure received a DO PASS recommendation and is now ready to be heard in full committee.

• HB 1134, by Representative Chuck Efstration (R-Dacula), is a part of the Governor's agenda and amends Code Section 16-15-4. This bill would add prosecutorial power to the Attorney General’s Office for gang and gang-related cases. During Representative Efstration’s presentation of the bill, he reminded everyone that the Attorney General already had the power to investigate. This measure would allow the Attorney General’s office to work with the local District Attorney’s to prosecute in an effort to pool resources. A discussion was held on whether or not the Georgia Bureau of Investigation could execute the powers authorized to peace officers in the legislation. This concern stemmed from duplicity in services. Representative Efstration commented that he would not want investigators serving subpoenas, notice, or the like; he felt there needed to be a distinction between the two. The Southern Poverty Law Center for Human Rights, the Prosecuting Attorney’s Council, and the Georgia Association for Criminal Defense Lawyers raised concerns on the measure. The measure passed along party lines and will be heard in the full Judiciary Committee.

House Regulated Industries Committee - Regulatory Subcommittee

Chairman Ginny Ehrhart (R-Marietta) and her Subcommittee took up Representative Kasey Carpenter’s (R-Dalton) bill,HB 996.  This legislation seeks to add additional exceptions to the “Dietetics Practice Act” in Chapter 11A of Title 43.  The goal, according to the author, is to allow personal trainers and coaches to provide nutrition advice to clients.  Tony West, with the Americans for Prosperity (Georgia), spoke in favor of the legislation, noting that Georgia’s law is outdated. Jet Toney, with the Georgia Academy of Nutrition and Dietetics, spoke on behalf of 2,000 licensed dieticians - he noted the legislation was well intended but perhaps had unintended consequences. He requested the subcommittee hold the legislation so as to look more closely at the scope of practice.  Robin Stigall, a licensed dietician, spoke to the Subcommittee about the legislation and the possible concern that it will add credentialing requirements for these personal trainers and coaches who may otherwise offer this nutrition advice.  After discussion, the legislation, offered as a new substitute, received a DO PASS recommendation from the subcommittee to move to the full Committee.

New Legislation

The following legislation of interest has been introduced in the House:

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

What’s Next

The General Assembly will be in adjournment for a committee work day on Wednesday and reconvene for Legislative Day 14 on Thursday, February 10, at 10AM.

The House is expected to consider the following propositions on Legislative Day 14:

• HB 412 - Professions and businesses; licensure of individuals in the practice of applied behavior analysis; provide

• HB 430 - Professions and businesses; licensure of advanced practice registered nurses; provide

• HB 1049 - State Board of Nursing Home Administrators; revise composition

The Senate has not set a Rules Calendar for Legislative Day 14