University of Georgia head football coach Kirby Smart and the 2022 College Football Playoff National Championship Trophy appear on the floor of the Georgia House of Representatives on Tuesday. Image: Georgia Public Broadcasting.

Legislators and lobbyists relived the glory of the Georgia Bulldogs’ gridiron victory over Alabama on Tuesday as Coach Kirby Smart and the 2022 College Football Playoff National Championship Trophy made their much-anticipated appearances under the Gold Dome. Coach Smart and the hardware were regaled on the House and Senate floors with rare COVID-times invitation resolutions that have been expected since roughly 11:30 p.m. on Jan. 10. The only surprise was that it took a month and a half to get them here.

The House and Senate did get some work done on Legislative Day 22, including approval of the $1.6 billion tax refund package proposed by Governor Kemp in his State of the State address by the House (HB 1302). The Senate also took up and signed off on a number of weighty measures, including the "Unmask Georgia Students Act" (SB 514) and legislation restricting the delivery of abortion medications by mail (SB 456). The legislature also had a busy committee calendar, the details of which can be found in this #GoldDomeReport.

In this Report:

• Floor Action

• Committee Reports

• New Legislation

• What’s Next

Floor Action

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

• HB 389 - Employment security; change definition of employment to include services performed by an individual for wages - PASSED (162-6)

• HB 961 - Torts; authorize apportionment of damages in single-defendant lawsuits; provide for evidence of fault of nonparties - PASSED (168-0)

• HB 974 - Property; deeds; require electronic filing - PASSED (164-3)

• HB 1009 - Motor vehicles; use of personal delivery devices to transport cargo; authorize - PASSED (112-53)

• HB 1188 - Criminal procedure; each act of child molestation charged as a separate offense; provide - PASSED (163-0)

• HB 1194 - Motor vehicles; federal regulations regarding safe operation of commercial motor vehicles and carriers; update reference date - POSTPONED

• HB 1292 - Education; prohibit students who participate in 4-H sponsored activities or programs from being counted as absent from school - PASSED (162-0)

• HB 1302 - Income tax; one-time tax credit for taxpayers who filed returns for both 2020 and 2021 taxable years; provide - PASSED (148-18)

• HB 1303 - Education; transition a pilot program for elementary agricultural education to an ongoing program - PASSED (162-0)

• HR 732 - local government; date temporary loans are payable from end of calendar year to fiscal year; change - CA - POSTPONED

The Senate took up the following measures on Tuesday:

• SB 337 - Public Officers; suspension of compensation because of indictment for a felony; provide - PASSED (45-4)

• SB 456 - Health; requirements relating to the use of abortion-inducing drugs; provide - PASSED (31-22)

• SB 496 - Death Investigations; medical examiner's inquiry when a pregnant female dies and an inquest; require - PASSED (44-0)

• SB 500 - Commerce; a litigation bar on governmental entities regarding certain statewide opioid litigation; provide - PASSED (52-0)

• SB 511 - County Boards of Equalization; handling of appeals of property tax assessments; revise certain deadlines - PASSED (53-0)

• SB 514 - "Unmask Georgia Students Act"; enact - PASSED (32-19)

• HB 1361 - Civil practice; Attorney General is to be served and heard in defense of all Acts of the General Assembly when challenged in any court action; clarify

Committee Reports

House Health and Human Services Committee

Chairwoman Sharon Cooper (R-Marietta) called the meeting to order to discuss several measures.

• HB 937, by Representative Sharon Henderson (D-Covington), amends Article 7 of Chapter 4 of Title 49. The bill would provide Medicaid coverage for mammograms for breast cancer screenings at no cost to patients following accepted frequency recommendations based on age and risk factors. This measure would also allow the department to submit a Medicaid state plan or a waiver request to the federal government. Representative Henderson noted this was near and dear to her heart because, in 2021, she was diagnosed with a rare form of breast cancer. This bill received a DO PASS recommendation.

• HB 1069, by Representative Bruce Williamson (R-Monroe), amends Chapter 3 of Title 37 of the O.C.G.A.  HB 1069, also known as the “Adult Mental Health Services Licensing Act”, establishes a license for residential centers for adult mental health programs, which are currently licensed as personal care homes. Personal care homes are primarily used to manage elderly, physically or intellectually disabled people, and the standards do not meet the needs for therapeutic residential facilities with programming. HB 1069 would rectify this discrepancy and allow care providers to treat patients accordingly without insurance denials. Representatives from Skyland Trail helped author the bill and remained for questions from committee members.

  Anna Adams from the Georgia Hospital Association and representatives from Peachford spoke in support but mentioned they would like to continue the conversation. Chairwoman Cooper mentioned that the bill would be re-discussed next week and she expected amendments.

• HB 1279, by Representative Matthew Gambill (R-Cartersville), amends Chapter 32 of Title 33. Representative Gambill described that this bill was brought to his attention by a constituent. A local judge said that he could not legally travel with medicine in a 7-day dispenser. Representative Gambill noted this bill would only apply to patients over the age of 65 with three or more prescriptions. Representative Shelly Hutchinson (D-Sandy Springs) asked why there was a three pill threshold. Representative Gambill said that the intent was for those who would have to carry multiple pill bottles if they are not allowed to carry the dispenser. Representative Karen Bennett shared her support for a lower pill threshold. Representative Lee Hawkins amended the bill to increase the size of the dispenser from just a 7-day dispenser to with the capacity to hold up to a 21 day supply dispenser. Representative Hutchinson motioned to lower the threshold from 3 medications to 1 medication or more, which passed. The bill, as amended, passed and was sent to Rules.

• HB 1042, by Representative Rick Jasperse (R-Jasper), amends Chapter 34 of Title 50. This bill authorizes the OneGeorgia Authority to create a grant of up to $200,000 to add a primary care facility. This is a recommendation from the Rural Development Council to promote primary care in rural areas. This grant would need the final approval of the Governor and the Department of Community Health. The bill had no questions and only positive comments. The measure received an emphatic DO PASS recommendation.

• HB 1453, by Representative Sharon Cooper (R-Marietta), amends Chapter 12 of Title 16. The bill transfers operation and maintenance from the Department of Community Health to the Medical Composite Board. A few people provided passionate testimony both supportive and expressing concern. Representative Spencer Frye (D-Athens) offered a motion to change the number of licenses, which failed. This bill received a DO PASS recommendation.

• SB 116, by Senator Randy Robertson (R-Catuala) and carried by Representative Rick Williams (R-Milledgeville), amends Article 1 of Chapter 5 of Title 49. This law is called “Betsy’s Law” and the “Maternity Supportive Housing Act” to provide housing for pregnant women. Elizabeth Reid, Georgia Life Alliance, spoke on how some women who face pregnancy do not have a home and specifically, described her own experience. This would require maternity supportive housing to register with the department  and with a $250 annual fee. The mother would be able to stay in housing during pregnancy and up to 18 months after childbirth.

  Chairwoman Cooper expressed concern that care nor food was included in the legislation. ACCG expressed concern over the lines that preempt local governments and requires local governments to treat this form of housing, up to six women and their children, as a single-family home. The bill was tabled.

House Regulated Industries Committee

Chairman Alan Powell (R-Hartwell) and the Regulated Industries Committee began today’s meeting with a discussion on HB 884, authored by Representative Dave Belton (R-Buckhead).  HB 884 seeks to expedite licensing of military spouses so that they may then provide services for which they are licensed.  Under the proposal, as it arrived in the full committee, it permitted such expedited licensing within 90 days of the time the application makes application for a license.  Representative Belton noted that this legislation has been requested by the Secretary of Defense on behalf of the hundreds of thousands of individuals who are in the military and call Georgia home — Georgia has the fifth largest population of military personnel in the nation.  Georgia’s military and families are a multi-billion economic impact to the state. Twenty-eight states have passed a law permitting expedited licensing within 30 days.  The Committee raised questions about the time differences, and Representative Dale Washburn (R-Macon) noted that the Subcommittee discussed this time issue. Chairman Powell explained that the Secretary of State’s office shared that many of the licensing boards only meet quarterly and needed the longer time frame to make decisions on applications. Representative J. Collins (R-Villa Rica) asked if the Committee might split the difference — moving to 45 days.  Representative Mike Wilensky (D-Dunwoody) asked whether there should be clarifying language added so as to address instances when licenses might not be approved and would be denied. There were also supporting comments received from Representative Derrick Jackson (D-Tyrone), providing a perspective from his own military service — he also noted that individuals might receive orders for their new postings and be given 30 days to make their moves to their new postings. Thus, it was likely the reason for the 30 days provided in other states’ laws for these expedited licenses. After much discussion and questions, the Chairman postponed action on the legislation so that new language could be drafted.

The Committee also took up HB 1400, the legislation by the Chairman, to address medical cannabis licenses that have not been issued after the legislation was passed. This legislation, amending Chapter 12 of Title 16, would require that the Medical Cannabis Commission be subject to the Department of Administrative Services’ procurement laws. Further, the legislation revises the Medical Cannabis Commission Oversight Committee, making the Commission fall under the oversight of the House Regulated Industries Committee and Senate Regulated and Public Utilities Committee.

There was a lot of testimony on the proposal — complete with ukulele music and newly composed songs. Among those who spoke out for the legislation: Georgia Hemp Economic Revival organization spoke in favor of the legislation; Scott’s Pharmacy spoke in favor of the legislation as a group which filed a protest for not being awarded a license from the Commission; and Veterans for Cannabis supported the bill.

House Insurance Life and Health Subcommittee

Chairman Steve Tarvin called the meeting to order for a hearing only.

• HB 1297 by Representative Matthew Gambill (R-Cartersville) amends Chapter 32 of Title 33 of the Georgia Code. This bill adds fortified standards to the statute. The fortified standard includes many types of construction materials. The fortified standard is considered a stronger standard expected to go beyond typical building codes to deliver superior performance during severe weather, which in this bill outlines tornadoes and hurricanes. Representative Gambill and Jimmy Cotty of the Georgia Ready Mixed Concrete Association provided data that showed homes with the fortified standard designation faired better in dangerous weather events. For a property to receive this identification, a contractor must build the structure according to the standard. Then an insurance investigator will review the property and provide certification if found to be made according to this standard. Property owners then take the certification or proper documentation to their insurance provider. This measure would require the provider to give a rate reduction. Additional insurance providers can offer additional adjustments in deductibles or other credit rate differentials or a combination.

• HB 733 was not heard and remained in the subcommittee to be heard at a later date.

House Insurance Members, Property & Causality Subcommittee

Chairwoman Darlene Taylor (R-Thomasville) convened the subcommittee for a hearing only on HB 1345.

• HB 1345 is authored by Representative Heath Clark (R-Warner Robins) and amends Article 3 of Chapter 2 of Title 38. This measure would add an optional state-sponsored life insurance program for the Georgia National Guard. This would provide supplemental coverage for soldiers to opt into and designate beneficiaries. Currently, soldiers participate in a federal plan which pays after a varied amount of time. This plan pays within 24 hours. The plan will be operated by the National Guard Association and will not cost the state.

Senate Judiciary Committee

Chairman Brian Strickland (R-McDonough) and the Senate Judiciary Committee had a number of bills on its agenda. 

• SB 441, authored by Senator Bo Hatchett (R-Cornelia), seeks to reestablish the Criminal Case Data Exchange Board in Title 15.  A committee substitute came before the Committee and an amendment was added at the request of Judge Steve Kelly.  The legislation will provide some uniformity in the transmitting and sharing of criminal records. There are 7 million open charges and 5 million charges have been opened for many years.  All 56 senators signed onto this legislation. The Georgia Justice Project spoke in favor of legislation on behalf of the numbers of individuals who have had their cases adjudicated or charges dropped yet those remained, making it difficult for them to get jobs or housing.  Mike Holiman with the Clerks’ Authority spoke to the Committee as well, noting that his organization wanted to continue to work on the language as the legislation moves forward. The Committee gave a DO PASS recommendation to the substitute as amended and it now moves forward to the Senate Rules Committee.

• SB 521, authored by Senator Jeff Mullis (R-Chickamauga), seeks to amend Chapter 31 of Title 36 to provide for the transition of services and facilities from an existing municipality to a newly incorporated municipality. Several individuals and entities spoke against the legislation or their concerns about the proposal, including Robbie Ashe, City of Atlanta, and the Georgia Municipal Association. Much was said about the impact on sewer and water systems and fees. No action was taken today on the bill.

• SB 197, authored by Senator Kim Jackson (D-Stone Mountain), addresses TPOs in stalking cases. LC 28 0481S, a new Substitute, was presented to the Committee. The substitute does not change the criminal definition of stalking; it only relates to the TPO definition.  Senator Jackson indicated that a compromise was reached with the language. The substitute received a DO PASS recommendation.

• SB 381, authored by Senator Randy Robertson (R-Cataula), seeks to increase the penalties for pimping and pandering offenses in Chapter 6 of Title 16. Senator Bill Cowsert (R-Athens) raised questions about the charges — making some charges felonies when they were previous misdemeanor charges. He had concerns with more punitive charges — but no penalties are increased for houses of prostitution. The Committee was still debating this legislation as this report went out for distribution.

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 adjournment on Wednesday and will reconvene for Legislative Day 23 on Thursday, March 3 at 10AM.

The House is expected to consider the following propositions on Legislative Day 23:

• HB 508 - Commerce and trade; commercial recordings, musical performances, and audiovisual works; provide protections

• HB 916 - Superior and State Court Appellate Practice Act; enact

• HB 997 - Ad valorem tax; timber equipment and timber products held by timber producers; provide exemption

• HB 1058 - Income tax; affiliated corporations file separate or consolidated returns; provisions

• HB 1150 - Parents' Bill of Rights; enact

• HB 1216 - Traffic offenses; enhanced penalties for violations of fleeing or attempting to elude a police officer; provide

• HB 1324 - Health and insurance; clarify that the prudent layperson standard is not affected by the diagnoses given

• HB 1348 - Georgia Smoke-free Air Act; revise

• HB 1349 - Natural Resources, Dept. of; attempt to prevent net loss of land acreage available for hunting on state owned lands; extend date

• HB 1355 - Childhood Lead Exposure Control Act; revise

The Senate is expected to consider the following propositions on Legislative Day 23:

• HB 910 - Supplemental appropriations; State Fiscal Year July 1, 2021 - June 30, 2022

• SR 504 - Native American Tribes; recognize