The Georgia General Assembly closed out the first half of its 2023 Legislative Session on Thursday, but veterans know well that it is not all downhill from here. Like a marathon, the second half of the session always seems substantially longer than the first, and delirium, despair, and leg fatigue are common in the final 20 days. It’s time to dig deep, refocus, and follow the first and most important rule of session: stay hydrated (and follow the #GoldDomeReport).

The madness of the second half started early on Thursday with the House and Senate deciding to bifurcate their schedules. While the Senate convened at the usual 10 a.m., the House held committee meetings during the morning. And when the House convened at 1 p.m., Senate committees got underway with their work. Lawmakers and lobbyists scrambled as a result, unsure whether to crowd the halls or committee rooms. Now we all need the holiday weekend to catch up on what happened and recover from the confusion.

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 20:

• HB 81 – Education; eligibility criteria for certain capital outlay grants for low-wealth schools systems; revise (Ed-174th). The bill passed by a vote of 168-0.

• HB 143 – Community Health, Department of; include continuous glucose monitors aa a pharmacy benefit for Medicaid recipients; require (PH-149th). The bill passed by a vote of 167-1.

• HB 193 – Local government; increase dollar values of certain public works construction contracts exempt from bidding requirements (GAff-10th). The bill passed by a vote of 164-4.

• HB 215 – Professions and businesses; licensure of advanced practice registered nurses; provisions (Hth-33rd). The bill passed by a vote of 165-0.

The Senate took up the following measures on the floor on Legislative Day 20:

• SB 12 - "Protecting Victims and Dismantling Georgia Street Gangs Act"; enact (Substitute) (Judy-56th). The Committee Substitute passed by a vote of 44-8.

• SB 56 - Ad Valorem Taxation; state revenue commissioner to contract with the board of the Employees' Retirement System of Georgia to offer certain county tax commissioners the option to participate in a state administered deferred compensation plan; require (Substitute) (FIN-52nd). The Committee Substitute passed by a vote of 49-3.

• SB 84 - "Georgia Uniform Securities Act of 2008"; financial protections for elder and disabled adults who may be victims of financial exploitation; provide (B&FI-52nd)

• SB 93 - Information Technology; use of certain social media platforms on state equipment; restrict (Substitute) (VM&HS-31st). The Committee Substitute passed by a vote of 50-0.

• SB 112 - "Workforce EXCELeration Act"; enact (ED&T-31st). The bill passed as amended on the Senate Floor by a vote by 48-4.

Committee Reports

Senate Economic Development & Tourism Committee

Chairman Brandon Beach (R-Alpharetta) and the Senate Committee came to order to discuss the following:

• SB 136, authored by Sen. Mike Dugan (R-Carrollton), amends Code Section 36-71-4 of the O.C.G.A. to exempt workforce housing from calculations of development impact fees. The measure received a DO PASS recommendation.

• SB 183, authored by Sen. Greg Dolezal (R-Cumming), amends Article 3 of Chapter 4B of Title 43 of the O.C.G.A. The measure ensures original ticket seller cannot limit the initial ticket purchaser on how they resell their ticket. Venues cannot prohibit entrance to an event to a person who has purchased a resold ticket. Promoters are limited to the number of tickets they can purchase.

Sam Olens spoke on behalf of the Falcons and Atlanta United, Peter Conlon from LiveNation, and representatives from Access Group, the Atlanta Braves, and the Atlanta Hawks expressed concern over the measure. 

A Rep. from the Fan Freedom Project, Laura Dooley from StubHub, and Bruce Morris from Ticket Network spoke in favor of the measure.

The measure passed with one voting against it and now heads to the Senate Rules Committee.

House Ways & Means Committee

The House Ways & Means Committee, chaired by Rep. Shaw Blackmon (R-Bonaire), called the meeting to order with a prayer. He also announced subcommittee meetings will meet regularly on Tuesdays and Wednesdays at 8 a.m. in the Capitol.

• HR 66, authored by Rep. Matthew Gambill (R-Cartersville), to ratify Gov. Brian Kemp's Executive Orders, which suspend the gas tax. This would include Executive Order Numbers 05.26.22.02, 07.01.22.02, 08.03.22.02, 09.01.22.02, 10.03.22.02, 11.04.22.02, and 12.08.22.02. The measure received a DO PASS recommendation and is on its way to the House Rules Committee.

• HB 36, authored by Rep. Chuck Martin (R-Marietta), seeks to amend Chapter 5 of Title 48 of the O.C.G.A. to allow property owners to choose a public hearing officer. A $200,000 threshold for personal property. Rep.Martin hoped the measure will settle their issue with the hearing officer and bypass and state court. The measure was passed and is on its way to the House Rules Committee.

• HB 95, authored by Rep. David Knight (R-Griffin), seeks to amend Title 48 of the O.C.G.A. This is the annual Department of Revenue update bill. The measure received a DO PASS recommendation and is on its way to the House Rules Committee.

• HB 138, authored by Rep. Clint Crowe (R-Jackson), seeks to amend Code Section 48-5-40 of the O.C.G.A. and is a decennial bill to increase the population counts according to the most recent census data for leasing property. This measure was brought forward in the 2022 Legislative Session but failed to receive final passage. The measure received a DO PASS recommendation and is on its way to the House Rules Committee.

• HB 162, authored by Rep. Lauren McDonald (R-Cumming), seeks to amend Chapter 7 of Title 48 of the O.C.G.A. The Executive Council tax credit mirrors HB 1302 from the 2022 legislative session. Single filers will receive a $250 refund, head of household will receive a $375 refund, and joint filers a $500 refund. The measure received a DO PASS recommendation and is on its way to the House Rules Committee.

House Education Committee

Chairman Chris Erwin (R-Gainesville) and the House Education Committee met on Thursday to address the following:

• HB 32, authored by Rep. Demetrius Douglas (D-Stockbridge), seeks to prohibit high schools which receive QBE funding from participating or sponsoring interscholastic activities conducted by an athletic association that does not utilize instant replay for high school championship games at O.C.G.A. 20-2-316.4.Douglas presented a second new substitute (LC 49 01283S) that was considered this morning by the Committee after being vetted in the Subcommittee. In that Subcommittee, the Georgia High School Athletic Association asked for an amendment — line 22 of the bill includes instant replay or video replay protocol. Erwin indicated it was a good bill. Over the years, there have been games which have been called into question with the potential of calls ruining the result for high school seniors, causing them to lose an option for a high school championship. ESPN reported on a game which took place in Georgia — Douglas said that was a first he had seen on national news. These actions impact not just the students but also the parents. Rep. Lydia Glaize asked about parental input and whether he discussed the bill with parents and the teams which caused the bill. Rep. Will Wade is also supportive and appreciates the focus on football in the bill for now — nothing in it to prohibit GHSA to adopt the technology for other sports — particularly basketball. The bill codifies this replay for football only. Rep. Todd Jones asked questions about the split on GHSA receives 12 percent of the post-season play and expenses and travel is split among participating schools. GHSA earns 12% on all post season games — as schools’ population areas decrease — remainder of dollars go to the participating schools. Rep. Scott Hilton asked if the bill precluded private schools — it only applies if they are members of GHSA. Amendments were offered today on the bill — Rep. Matt Dubnik moved the substitute DO PASS with a second from Hilton. Rep. Wilkerson asked for amendment at line 23 to insert “state” after football and line 25 also add the word “state” after football as well as line 6. Rep. Kathy Cox asked if it should be “Georgia state”. Line 6 for Georgia football state championships; line 23 add Georgia; and line 25 add Georgia before football. The substitute bill passed as amended and moves to the Rules Committee

House Higher Education Committee

Chairman Chuck Martin (R-Alpharetta) and the Higher Education Committee had two bills on the agenda for discussion this morning:

• HB 380, authored by Rep. Marcus Wiedower (R-Watkinsville), amends Chapter 27 of Title 50. The legislation has several provisions including authorizing and providing for the regulation and taxation of sports betting in this state. It also provides for additional powers and duties of the Georgia Lottery Corporation and changes certain provisions relating to the shortfall reserves maintained within the Lottery for Education Account. It allows the Lottery Corporation to engage in certain activities related to sports betting. It creates definitions and provides for the corporation's powers and duties relative to sports betting by providing for the procedures, limitations, requirements, and qualifications of the licensing of any person offering, operating, or managing sports betting in this state. The measure regulates wagers and provides requirements for bettors which would restrict themselves from placing certain wagers and provide resources for individuals with problem gambling or a betting or gambling disorder. A substitute was presented for this legislation. No action was taken.

• HB 353, authored by Rep. Alan Powell (R-Hartwell), is another bill written into Chapter 27 of Title 50 addressing Georgia’s Lottery. This legislation seeks to provide that administrative procedures and actions regarding bona fide coin operated amusement machines shall be subject to Chapter 13 of Title 50; to provide definitions; to provide for a limitation on the permitted non-cash redemption award for Class A and Class B machines; to provide for redemption for successful play of bona fide coin operated amusement machines by automated kiosks under certain conditions; to provide for the qualifications of location owners and location operators; to authorize certain billiards and darts tournaments and the prizes therefor; to provide for the auction of certain licenses and the timing therefor; to provide for exceptions to provisions of  law regarding the amount of funds that may come from the play of bona fide coin operated amusement machines for certain historical fraternal benefit associations and veterans  organizations; to provide for certain terms and conditions for contracts for the provision of bona fide coin operated amusement machines between master licensees and location owners or location operators by master licensees shall not constitute an unfair method of competition or an unfair or deceptive act; and to provide for the resolution of certain disputes between master licensees and location owners or location operators. Powell presented the legislation to the Committee. LC 28 0563 was used. The bill has been regulated usually by the Regulated Industries. CoAm history was provided to the Committee, generating from carnival games with prizes. These are noncash redemption machines. The industry has a checkered past and in the 1990s the industry got out of control with video poker, causing legislation to reign in the industry to eliminate video poker (where money was paid out). A CoAM division was created at the Georgia Lottery Corporation to help with regulation. Master License holders pay a lot for the machines. Master License holders furnish the machines, and each machine is perhaps $30,000 which are furnished under contract to retailers. Five percent is paid off the top by each. CoAm machines are the fastest growing source per game — raising $140 million last year. CoAm industry is highly competitive and predatory. One-hundred seventy-plus master licenses now, many of these are small. Machines have A and B types. They may trade those winnings for merchandise in the store — lottery tickets, gas, etc. Discussions turned to “gift cards” to dissuade payments of cash. There is a Lottery Oversight Commission. In the bill — it is a cleanup proposal according to Powell. The Lottery has been experimenting with the “gift card.” It has been shown to be working out well with the gift card in the pilot project. It also increases the prize on the “kid games.” Most states have $50–$100; this caps at $50 in the bill. CoAm Division is not under Administrative Procedures Act, which allows them to do what they want (internal strife on rules).  Sunshine is needed for purview of rules, and this bill moves the CoAm Division under the Administrative Rules Procedure Act. There is an exemption for veterans and fraternal order associations — 50/50 rule should apply — the bill exempts these entities. Electronic darts and pool tables are not included, and the bill allows them to have tournaments. The legislation also addresses property rights.  Many of the Master License holders are always looking for new clients, and sometimes this causes wrongdoing. The legislation clarifies that the master license holder cannot own property where the Master License holder provides machines. Language is added to protect landlords — an eviction notice is permitted. Rules and regulations which make no common sense on no inducements — Lottery has posted signs about rules on playing the games. There is a section on frivolous arbitrations (over contracts generally); the bill says that if frivolous then the loser pays. If a deadly sin, then proceeds are auctioned off and the license is lost. No action was taken on this legislation today.

• HB 319, authored by Rep. Chuck Martin (R-Alpharetta), LC 50 0479 addresses the Georgia Student Finance Commission, repealing a portion of the Code.  The legislation received a DO PASS recommendation.

Senate Children and Families Committee

Chairman Kay Kirkpatrick (R-Marietta) and her committee looked at several proposals which had been requested by the Division of Families and Children Services. Commissioner Candice Broce asked the Committee to consider the following:

• SB 134, authored by Sen. Brian Strickland (R-McDonough) and presented today by Sen. Bill Cowsert (R-Athens), seeks to amend Georgia’s Evidence Code in Title 24 to provide that a child witness be deemed competent to testify without taking the oath and to allow the use of narrative form medical reports in dependency and termination matters. The Committee heard questions around use of the medical reports and whether those were in regard to a child or the parents whose rights were being terminated. The Bill received a DO PASS recommendation, moving it now to the House Rules Committee.

• SB 131, authored by Sen. Blake Tillery (R-Vidalia) and presented today by Cowsert, seeks amendments in Chapter 11 of Title 15 relating to permanent guardianship of children. It was described as a “true up” of notice provisions and service of process due to some oversight issues in the Code. It further seeks: To update permanent guardianship proceedings; to provide for an exception for parties who have terminated their parental rights; to provide for a waiver of service; to provide for notice and service of permanent guardianship; to provide for notice of guardianship petition; to provide for objection to the appointment of guardianship; and to provide for a rebuttable presumption for non-entitlement to notice in guardianship proceedings. The Committee had questions on payments for service of process by the sheriff or a private investigator and those charges being incurred by DFCS. There were also questions around whether grandparents were notified. After a bit of discussion around use of the term “legal mother” and where it was defined there was an amendment offered to the legislation to clarify “legal mother” and the bill passed as amended.

• SB 135, authored by Kirkpatrick, seeks to align evidentiary medical and genetic testing with the “Uniform Parentage Act of 2017.” The changes are proposed at O.C.G.A. 19-7-45 so that results may be used in legitimation actions. Sen. Matt Brass (R-Newnan) inquired about the numbers of laboratories in the state conducting this testing and the accrediting bodies; he asked for that information before the bill is in the Rules Committee.  There were also questions around who pays for the testing; Sen. Bo Hatchett (R-Clarkesville) indicated that there were pauper affidavits, which could be filed if an individual could not afford the test (which was stated as costing around $100). An amendment was offered at line 56 to address deleting “a report” and adding “the results” to align terminology in other parts of the law.  The amendment was adopted, and the Bill received a DO PASS as amended recommendation.

• SB 133, authored by Senator Brian Strickland (R-McDonough) and presented by Cowsert, seeks to establish a uniform process when the Division of Families and Children Services is assuming custody (or what is often referred to as custody form the bench) in delinquency hearings and children in need of services hearings. It assures that DFCS can keep the child from coming into the state’s foster care system by allowing early intervention and sharing of information. DFCS is to be given notice of these hearings, and the legislation seeks to allow DFCS to request a continuance. The changes are offered in O.C.G.A. 15-11-442 and O.C.G.A. 15-11-601. Senator Derek Mallow (D-Savannah) indicated the concerns being addressed in this legislation have occurred in his district in Savannah. Senator Chuck Payne (R-Dalton) also noted that the legislation was a “step in the right direction.” No action was taken on this bill.

Senate Regulated Industries and Utilities Committee

Cowsert and his committee addressed two bills this afternoon:

• SB 95, authored by Sen. Randy Robertson (R-Cataula), seeks to amend O.C.G.A. 12-8-37.1 to specify the manner in which funds appropriated to the Solid Waste Trust Fund shall be used. There were testimonies today from some of the tire recyclers supporting this legislation. The bill received a DO PASS recommendation to the Committee Substitute presented.

• SB 149, authored by Sen. John Albers (R-Roswell), enacts the Georgia Door-to-Door Sales Act to protect vulnerable citizens from the solar industry. There were no changes to the bill offered today and the Georgia EMCs noted that they were satisfied with the proposal. The Bill received a DO PASS recommendation.

Cowsert also discussed SR 140 and SB 172. SR 140 is the constitutional amendment proposal to allow sports betting as a type of gaming, adding it to the Georgia Lottery. The Constitutional Amendment outlines the purposes of the funds which is similar to what was proposed two years ago: 50% for needs based scholarships and loans for University System and TCSG students; 25% to health care and mental health care and economic development for reduction of poverty; 15% for public health preventing addictive gambling and assistance and treatment; 5% for soliciting, promoting and sponsoring international sporting events; and 5% for innovative educational programs. SB 172 is the enabling legislation addressing the numbers of licensees to be permitted and other particulars of the allowance of sports betting. Copies of these initiatives are available in his office. No action was taken today.

Cowsert provided those in attendance that there could be possibly four or five more Committee meetings. Next Tuesday’s meeting will focus on Certificate of Need and Thursday’s hearing will be on “problem gambling.” It is likely the vote on gambling will be taken the week following.

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 is in recess on Friday and Monday (for President’s Day) and will reconvene for Legislative Day 21 on Tuesday, Feb. 21 at 10 a.m..

The House is expected to consider the following measures on Legislative Day 21:

• HB 80 - Uniform Unsworn Declarations Act; enact (Substitute) (Judy-123rd)

• HB 186 - Appeal and error; filing of petitions for review in reviewing courts from lower judicatories; revise an exception (Judy-123rd)

• HB 221 - Insurance; filing review process for private passenger motor vehicle liability coverage providing the minimum limits offered by the carrier; revise (Substitute) (Ins-12th)

• HB 242 - Georgia Driver’s Education Commission; violation of traffic laws of ordinances under Joshua’s Law; provide (MotV-161st)

• HB 243 - Coweta judicial circuit; superior court; provide eighth judge (Substitute) (Judy-70th)

• HB 279 - Insurance; discount for property owners who build a new property that better resists tornado, hurricane, or other catastrophic windstorm evets; provide (Ins-15th)

• HB 280 - Insurance; additional value-added products or services that are excluded from benign unfair trade practices and unlawful inducements; provide (Ins-15th)

• HB 294 - Insurance; administration of certain rehabilitation policies by ceding insurer placed into liquidations; provisions (Ins-167th)

• HB 315 - Commissioner of Insurance; promulgate rules and regulations regarding cost-sharing requirements for diagnostic and supplemental breast screening examinations; provide (Ins-173rd)

The Senate is expected to consider the following measures on Legislative Day 21:

• SB 13 - Public Sales; tax levies and executions; authorize online (Substitute) (Judy-56th)

• SB 22 - Hemp Farming; relating to offenses against public health and morals; the purchase of, sale of, and the offering of samples of hemp products by or to any individual under the age of 18 years old; prohibit (Substitute) (AG&CA-32nd)

• SB 61 - Sick Leave for Care of Immediate Family Members; sunset provision relating to such sick leave requirements; repeal (I&L-17th)