The House and Senate largely avoided each other on Valentine’s Day, with the Senate quickly gaveling in and taking care of business this morning before the House rolled in for an afternoon convening. It’s unclear whether the staggered starts speak to the bodies’ feelings for one another, but they were most likely driven by the Lieutenant Governor’s penchant for timely and efficient proceedings for his Upper Chamber and the Speaker’s consideration for members traveling from all corners of the state to the capital city. But despite their differences, both chambers adjourned in time for legislators to enjoy an evening with their loved ones and for us to publish this #GoldDomeReport for our adoring readers.

In this Report:

• Floor Action

• Committee Reports

• New Legislation

• What’s Next

Floor Action

The House of Representatives took up the following measures on Monday:

• HB 963 - Controlled substances; Schedule I and IV; change certain provisions - PASSED (157-0)

• HB 1028 - Cobb County; Board of Education; change description of districts - PASSED (94-59)

• HB 1089 - Revenue and taxation; certain violations of registration requirements for motor vehicles operated by motor carriers; increase penalty - PASSED (151-6)

• HB 1134 - Crimes and offenses; prosecute offenses involving criminal gang activity; provide for concurrent authority - PASSED (101-56)

• HB 1154 - Cobb County; Board of Commissioners; change description of districts - PASSED (95-64)

The Senate took up the following measures on Monday:

• SB 84 - Peace Officers' Annuity and Benefit Fund; certain communications officers shall be eligible for membership in such fund; provide - PASSED (52-2)

• SB 316 - Stalking; a person 18 years old or older who commits the offense of stalking against a minor shall be guilty of a high and aggravated misdemeanor; provide - PASSED (33-21)

• SB 341 - Healthcare Services; guidelines for the prior authorization of a prescribed medication for chronic conditions requiring ongoing medication therapy; provide - PASSED (52-0)

• SB 364 - Telephone Service; class action suits and for damages against certain persons for violating provisions relating to telephone solicitations; provide - PASSED (52-2)

• HB 907 - Elections; dates for special elections; question related to sales and use taxes for transportation; revise provisions - PASSED (43-11)

Committee Reports

Senate Education & Youth Committee

The Senate Education & Youth Committee, chaired by Senator Chuck Payne (R-Dalton), met to consider the following propositions on Monday:

• SB 377, authored by Senator Bo Hatchett (R-Cornelia), amends Titles 20 and 50 to require state agencies, the Board of Regents of the University System of Georgia, the State Board of the Technical College System of Georgia, units of the University System of Georgia, units of the Technical College System of Georgia, local boards of education, and local school systems to take measures to prevent the use of curricula or training programs which act upon, promote, or encourage certain concepts.

The Chair reminded everyone the discussion on this measure will be hearing only, and no committee action will be taken. Chairman Payne opened the floor to public comment.

The following individuals and organizations spoke in support of the bill: Jim Jess of the Franklin Roundtable; Taylor Hawkins of Frontline Policy Action; and Mike Griffin of the Georgia Baptist Mission Board.

The following individuals and organizations expressed concerns with the bill: Benin Chancey, a student; Alex Ames, former Georgia public school teacher; James Wilson, a student; Terrance Wilson from the International Development Research Association; and Robert Costley of the Georgia Association of Educational Leaders.

• SB 449, authored by Senator Clint Dixon (R-Gwinnett), is Governor Kemp’s “Parents Bill of Rights”. The bill amends Title 20 to protect the fundamental right of parents to direct the upbringing and education of their minor children from undue infringement by a state or local government entity, a local board of education, or any officer, employee, or agent thereof.

Senator Dixon presented the bill to the Committee as a Substitute (LC 49 0855-ECS) that incorporates changes discussed when the legislation was heard in committee last week. Specifically, the Substitute changes the opt-in for photography and videography to opt-out and provides an exception to photography and videography for safety and security purposes. It also changes all references to boards to governing bodies and changes the sex education opt-out to require opting out of an entire course, not just a portion(s) thereof.

The following individuals and organizations spoke in support of the bill: Taylor Hawkins of Frontline Policy Council; Mike Griffin of the Georgia Baptist Mission Board; and Rhonda Thomas (calling for opt-ins and coverage of supplementary materials).

The following individuals and organizations expressed concerns with the bill: Alex Ames, a student; Benin Chancey, a student; James Wilson, a student; Andrea Young of the ACLU of Georgia; and Lisa Morgan, President of the Georgia Association of Educators.

The Committee recommended the bill DO PASS by Committee Substitute along party lines, 6 to 5.

Senate Judiciary Committee

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

• SB 54, authored by Senator Ed Harbison (D-Columbus), seeks to provide judicial discretion in O.C.G.A. § 19-9-2 in determining the right of a surviving parent to custody of a child when such surviving parent is criminally charged with the murder or voluntary manslaughter of the other parent. Specifically, the bill allows a court to delay final determination as to child custody until the resolution of the criminal charge(s) against the surviving parent.

Senator Harbison presented the bill to the Committee, which was heard by the Committee last year. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• SB 395, authored by Senator Bo Hatchett (R-Cornelia), amends Title 15 to provide for a third judge of the superior courts of the Mountain Judicial Circuit.

Senator Hatchett presented the bill to the Committee, noting that the Judicial Workload Assessment Committee ranked the Mountain Judicial Circuit as third in terms of need for a new judge. Funding for this new judgeship has been proposed in the Governor’s budget for FY23. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• SB 439, authored by Senator Lindsey Tippins (R-Marietta), amends Title 44  to provide that the owner of a property or tenement at issue in a dispossessory proceeding shall be allowed to appear during a trial of the issues individually or by an agent, attorney in fact, or attorney at law.

Senator Tippins presented the bill to the Committee, noting that the legislation addresses an issue he has experienced as an owner of rental properties. Lindsay Siegel of Atlanta’s Legal Aid Society testified and noted concerns about non-attorneys representing landlords in courts of record and requesting that tenants be given the reciprocal right to be represented by an agent if the bill advances. Elizabeth Appley spoke on behalf of several interests, echoing Ms. Siegel’s testimony and recommendations. Chairman Strickland suggested that the Committee defer action on the bill to allow discussion of whether tenants should also have a right to representation by an agent and whether forms should be codified.

Senate Appropriations - Health Subcommittee

In an early morning meeting, Chairman Dean Burke (R-Bainbridge) and other members of the Health Subcommittee delved into the changes between Governor Kemp’s FY 2022 Amended Budget and the changes to that budget proposed by the House.  Department of Community Health Commissioner Caylee Noggle and her team outlined the differences for the Subcommittee. 

Commissioner Noggle indicated the House’s realization of additional savings with the federal Public Health Emergency extension and the state’s increased FMAP funding for the emergency.  The House took those savings opportunities and have proposed adding additional funds in the Medicaid Aged Blind and Disabled program for a $10 add on for nursing home per diems and also making adjustments for nursing homes’ insurance costs (using the FY 2021 cost reports, pending CMS approval).  Likewise, in the Low-Income Medicaid program, the House proposed using the added savings from the FMAP funding to move some of those funds to PeachCare as there are projections of additional needs - Commissioner Noggle did note that there had been one claim in particular, which was unanticipated, for a child’s lung transplant which was costly.  Under the State Health Benefit Plan, the House has also proposed using some of the savings under the Aged Blind and Disabled program from the FMAP funding and using those moneys to pay for pharmacy costs associated with obesity - this funding would go hand-in-hand with the new bariatric surgery benefit which the Plan began in January 2022. 

The Subcommittee also asked about the Department’s status of doing long-term care facility reviews.  Commissioner Noggle noted that while the Department had hired seven new RNs over the year with the added funding the General Assembly had previously appropriated, the Department was challenged with keeping staffing due to costs and nursing staff able to make more money in other settings.  She also noted that CMS was working with the Department to allow it to work towards achieving its required objectives on making the reviews given staffing issues.

The Subcommittee also commented on the positives that the Department is working with to try to achieve a quality of care, noting that with quality care, outcomes and pricing would be better.

Following Commissioner Noggle’s presentation, the Georgia Board for Health Care Workforce presented its differences in the two proposals.  The Subcommittee appears to be continuing its focus on workforce issues in rural Georgia and asked about a pending bill, SB 340, which provides new definitions for a teaching hospital and hospital authority.  The House’s changes were an additional $1.7 million for residency slots as well as a reduction of $500,000 in the Mercer grant as it had not utilized funds to stand up the forensic pathology initiative due to difficulties in finding two physicians and moving that $500,000 to Morehouse for it to begin a nursing program for BS and MS students.  The Georgia Board for Health Care Workforce is in the process of finding a permanent replacement for the late Executive Director, LaSharn Hughes.

Senate Appropriations - K-12 and Higher Education

Chairman Lindsey Tippins (R-Marietta) and the Education Subcommittee met with various education agencies in an early morning meeting.  Each agency presented its recommended differences in the Governor’s and House versions of the FY 2022 Amended budget.  Many discussed the added funding proposed for the full-time employee pay raises where the positions are funded from other sources - not full state-funded positions - so as to allow parity in the proposed raises.   A couple of noteworthy discussions between the Subcommittee and presenters included:

• Questions between General Caldwell at Georgia Military College and the Subcommittee around campus satellite locations and closure projections over the next year.  Last year, there were 13 locations for their junior college, and now there are soon be 11 locations (with another 2 locations under consideration for closure).  The Subcommittee asked about enrollment numbers at the satellites and their operating costs.  Senator Mike Dugan (R-Carrollton) also asked about the broadband footprint in those areas as well.  The Subcommittee also asked General Caldwell about GMC’s preparatory school - which has waiting lists for each grade in K-12 (the Milledgeville campus focuses on arts and leadership). 

• Questions were asked to the Department of Education.  Among those included the proposed addition of $5 million for alternative fuel buses.  The Subcommittee Chairman asked about the projected length of a bus’ life as well as the cost per mile - looking at what the return on investment would be for these electric or propane buses.  The Subcommittee also queried the Department about the use of RESAs to help with the mental health contracting work.  Presently, NAMI has that contract, but it has been restructured according to Deputy Superintendent Matt Cardoza so that the Department has more control - this was to help with scheduling of appointments.  Each of the RESAs has a point person to help with the schools in their area’s needs.

• Questions were also raised to the University System of Georgia’s Chancellor McCartney. She noted the additional money added to help with pay raises.  There are around 48,000 full-time employees across the system, and 13,500 of those are not fully funded by state money; instead, the positions are funded from other sources.  Of the 13,500, 10,000 are teaching positions, and the remainder are jobs in the “B” unit.  That is approximately $41 million for the 10,000 teaching positions. The Subcommittee also asked for a bit more detail on added funds for the state’s libraries - there are 411 public libraries scattered statewide, and $3 million has been inserted for maintenance and repairs.

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 convene for Legislative Day 17 on Tuesday, February 15 at 10 AM.

The House is expected to consider the following propositions on Legislative Day 17:

• HR 664 - Property; conveyance of certain state owned property; authorize

• HR 683 - Property; granting of nonexclusive easements; authorize

• HB 893 - Conservation and natural resources; extend date for hazardous waste fees

• HB 969 - Insurance; update regulation of company holding systems

• HB 1021 - Insurance; minimum nonforfeiture interest rate for individual deferred annuities; decrease

• HB 1044 - Local government; creation of regional development authorities; provide

• HB 1059 - Insurance; unfair trade practices and unlawful inducements; provide for exclusions

• HB 1147 - Game and fish; hunting and trapping of raccoons and opossum year round; authorize

• HB 1275 - Local government; appointment and removal of municipal court judges; revise provisions

The Senate is expected to consider the following propositions on Legislative Day 17:

• SR 345 - Shortline Trail; renaming to the Bill and Dustie MacKay Trail; support

• SB 374 - Georgia Data Analytic Center; establish as an agent of all executive state agencies; definitions; provide

• SB 403 - "Georgia Behavioral Health and Peace Officer Co-Responder Act"; enact

• SB 438 - Contracts; certain provisions relating to retainage of progress payments; change

• SB 445 - National Manufactured Housing Construction and Safety Standards Act of 1974; civil penalties; revise

• SB 461 - Bails, Bonds; human trafficking as a bailable offense; add the offense