Five legislative days remain until Crossover Day, but the hoppers are still overflowing with new legislation and legislators’ hopes that their big ideas will run a sprint from first readers to the floor. While the prospect of passage for many of these bills is low, they are sure to keep committees and lobbyists hopping over the next week and a half.

Speaking of committees, legislators are in the long rows of lawmaking with lengthy committee meetings and perfection of bills that last late into the afternoon. Meetings are likely continuing as you read this, but we’ll include as much as we can in this and upcoming #GoldDomeReport. 

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 22:

• HR 157 - Property; conveyance of certain state owned property; authorize (Substitute) (SProp-154th). The resolution passed by a vote of 168-0.

• HR 158 - Property; granting of nonexclusive easements; authorize (SProp-154th). The resolution passed by a vote of 163-0.

• HB 121 - Waters, ports and watercraft; wakesurfing and wakeboarding; provide restrictions and requirements (GF&P-10th). The bill passed by a vote of 164-0.

• HB 167 - Motor vehicles and traffic; standards for issuance of limited driving permits for certain offenders; provide (Substitute) (MotV-17th). The Committee Substitute passed by  a vote of 168-0.

• HB 203 - Health; restrictions on sale and dispensing of contact lenses with respect to physicians; revise provisions (Hth-127th). The bill passed by a vote of 171-0.

• HB 207 - Waters, ports, and watercraft; carrying of night visual distress signals upon coastal waters during certain hours; provide (Substitute) (GF&P-124th). The Committee Substitute was passed by a vote of 170-0.

• HB 226 - Social services; treatment services under Medicaid to persons with HIV; provisions (PH-45th). The bill was POSTPONED to Legislative Day 23.

• HB 285 - Employees’ Retirement System of Georgia; total percentage of funs invested in alternative investments; raise limit (Ret-160th). The bill passed by a vote of 171-0.

• HB 299 - Georgia Code; add appropriate references to United States Space Force; provisions (D&VA-21st). The bill passed by a vote of 168-0.

• HB 317 - State Employees’ Assurance Department; assignment of certain group term life insurance benefits; provisions (Ins-173rd). The measure passed by a vote of 171-1.

The Senate took up the following measures on the floor on Legislative Day 22:

• 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). The Committee Substitute was taken off the table and RECOMMITTED to the Senate Rules Committee.

• SB 90 - Selling and Other Trade Practices; commercial financing disclosures; provide (Substitute) (B&FI-45th). The Committee Substitute passed by a vote of 52-1.

• SB 120 - Motor Carriers; the reference date to federal regulations regarding the safe operation of motor carriers and commercial motor vehicles; update (PS-49th). The bill passed by a vote of 54-0.

• HB 52 - Transportation, Department of; amend notice provisions relative to meetings for election of board members; provisions (Trans-27th). The bill passed as amended on the Senate Floor by a vote of 53-1.

Committee Reports

Senate Regulated Industries Committee

Chairman Bill Cowsert (R-Athens) and the Senate Regulated Industries Committee met late on Tuesday afternoon to consider two bills:

• SB 99, authored by Senator Greg Dolezal (R-Cumming), seeks to add a new exception for CON for rural acute care hospitals, permitting them to be built in those areas. Chairman Cowsert indicated comments and letters from the Butts County residents supporting the proposal. Dolezal indicated that there had been a robust hearing on this legislation, and folks from Butts County want to speak. The Amendment offered today addresses lines 23-25 which are requested to be struck, and it renumbers; the amendment addresses who the exclusion will apply to. According to Senator Frank Ginn (R-Danielsville), Dr. Reddy has 17 clinics and asked if he would be eligible under this proposal. The county has to qualify as a rural county, and it has to be a hospital, according to Dolezal, for the bill to apply. Joe Brown, a member of the Butts County Hospital Authority and Butts County Commission, spoke to the legislation. A lot of economic development was described, including 5,000 new jobs. South Henry County have added 2,500 new roofs, and the city of Jackson has added 680 roofs. He described the hospital, which is 60 years old. WellStar, which acquired Tenet, is leasing the hospital until 2026. WellStar says that they need medical offices; Nelson Mullins was hired to provide it advice. Piedmont has a facility, but it is crowded, according to Brown. Jackson also has a state prison with 750 inmates. There have been meetings ongoing for two years and there is a discussion of a mental health unit.

• SB 162, authored by Senator Ben Watson (R-Savannah), was presented by a new Committee Substitute, LC 339423S. It does not completely eliminate it and renames the process for a special health care license. The new bill is more condensed, and it incorporates SB 99 language as well. A number of individuals signed up to speak to this Title 31 initiative. Ginn (R-Danielsville) asked if they could hold off a vote on this legislation as he only received the language, and he has a meeting at 6:00 PM. Watson referred the Committee to page 10 — 10 beds or 20 percent of capacity, whichever is greater. It allows single-specialty ASCs to convert to multi-specialty ASCs; Watson indicated that many single-specialty ASCs struggle to remain open. The bill has been narrowed, and percentages have been worked with. Line 2252 discusses special health care services license. The Department of Community Health will issue this CON or special health care services license. Line 2254 is where SB 99 language is inserted. The Directed Payment Plan is included in the legislation. Previously Disproportionate Share Hospitals utilized a drawdown which was matched by federal dollars when those hospitals did a disproportionate share of Medicaid/indigent care — those were Grady and Augusta University. Senator Watson argued that under the Directed Payment Plan there are 21 different hospitals made whole, including two major teaching hospitals, as long as parameters are met. Further, he argued that all 61 rural hospitals are made whole with the Directed Payment Program. Watson predicted that those, which require indigent care, are now gone with this new Medicaid financing program. He also brought up the fact that several for-profit hospitals are paying taxes and are supporting those not-for-profit facilities. Most hospitals are not-for-profit. The Department of Community Health has been working with the hospitals according to Watson.

A number of entities provided testimony:

Anna Adams with the Georgia Hospital Association spoke on behalf of its 150 hospitals which are really a diverse membership. Adams remarked that SB 162 in its original form had a number of challenges — it is a sweeping change for hospitals. She asked for more time to look at the legislation to review — it is not a one-size fits all approach. This bill is different from SB 99, and GHA expressed they were close to a position of neutral.

Thomas Worthy, Piedmont Healthcare spokesman, explained that Piedmont is Georgia's largest not-for-profit health system — covering 80 percent of the state’s population. CON is an exercise we go through every three years. Piedmont believes that the ongoing discussion is not allowing other policy discussions such as healthcare violence, mental health, and many other issues. He recited a CON, peer-reviewed study, that satisfies a wide range of state policy roles. It was from July 1985 and remains the same concerns today. The calls for a free market don’t work in healthcare. Texas had a complete disaster with CON repeal. Piedmont believes the state plays a role in health planning that the free market is not capable of identifying. Full repeal does not assure reduction of healthcare costs. At Piedmont, they saw a 3 percent reduction in costs to patients during 2016-2019. CON should be continuously evaluated. SB 162 is an attempt to do that and eliminates burdensome regulation. Piedmont asked for more collaboration on the issue and believes that this version is something they could possibly support but asked for time to review.

Ryan Loke from Grady spoke in support of the author's intent. He noted receiving the bill only three hours prior to the meeting. Loke looks forward to working with Senator Watson to put the CON discussion behind us and put the more pressing issues front and center. He also mentioned the DPP program. Grady is Atlanta’s only Level I trauma center. Loke was asked his position on the bill. It does not impact Grady.

Jesse Wethington from Georgia Association of Health Plans spoke and noted GAHP’s  support of SB 162. Further, he applauded Watson and noted that it was well past time to address the harms of CON. He noted that some of the harms include increases in cost of care, access to care and quality of care. Further, he argued that CON creates local monopolies. It is a barrier to replacement. He also argued that there was no demonstrated impact on quality by using CON.  The hospital landscape is important to the insurers — more than half of doctors became employees in 2020. Five large systems control 50 percent of the beds in Georgia. He also mentioned that the Directed Payment Program brings up parity and is transformative for the landscape. The State needs more competition and eliminating CON would permit competition and allow more robust networks.

Sidney Wilkins from Emory spoke to the Committee, and she asked for more time to review the measure.

Josh Belinfante spoke for HCA, highlighting that the company had five Georgia hospitals and six ASCs. They pay $70 million in taxes and provide $173 million in charity and uncompensated care. HCA believes that Georgia would be better without CON like California and Texas. Belinfante felt this bill is a step in the right direction, and HCA will continue to work with folks.

Tony West from Americans for Prosperity supported SB 162. He contends that CON changes will move Georgia to a patient-centered healthcare system. He added that reforms would allow the state to meet those goals. $269 million CON projects are stuck in appeals as of January.  Bartow County has no level 2 NICU, but its CON was denied and went to appeals. The true cost of CON is unknown. Lower quality, less access. Under the last three Presidential Administrations, a joint study was issued that suggests CON laws are barriers to entry. This bill could help reimagine healthcare rather than compete for the government’s favor.

Monty Veazey, with the Georgia Alliance of Community Hospitals, spoke on behalf of its 92 facilities/systems in Georgia which support CON. The Alliance is willing to come to the table, but it only had two hours to review the lengthy bill. Kathy Polvino, attorney for the Alliance, spoke to the Committee. She outlined several concerns — it eliminates CON but inserts the special healthcare services license. She reminded the committee of the prior passage of HB 186. The legislation also deregulates some services previously regulated — like open heart, cardiac cath, radiation therapy, and level 3 NICU. It also eliminates reporting. Conversion for single specialty to multispecialty ASC is permitted, but there is no license requirement. Polvino noted the 2019 CON reforms which resulted in changes, including a 37 percent reduction of CON applications. There are also some things that have not been implemented from HB 186. Further, she noted that of the applications submitted to the Department of Community Health, there has been a 94 percent approval rating — thus a low denial of CONs now. She argued that the law is not as onerous as it has been made out to be.

Chris Denson from Georgia Public Policy Foundation focused on economic issues. Denson expressed general support for SB 162 and commended Senator Watson. He acknowledged no other state has done more to protect rural hospitals than Georgia and noted the DPP program.

A birthing center proponent noted that the current law prohibits her from opening a birthing center and this legislation would provide her an opportunity to do so. Hospital transfer agreements were mentioned. Direct incentive of hospitals to pull the plug — supported SB 162.

SB 99 received a DO PASS recommendation. Senator Matt Brass (R-Newnan) offered some amendments which were added and the legislation passed by Committee Substitute as amended by a SUB. 7-4 vote.

The Committee Substitute to SB 162 also received a DO PASS recommendation. Amendments were offered to the proposal, and the legislation passed by Substitute as amended (LC 33 9423S) with Chairman Cowsert breaking the tie. Both SB 99 and SB 162 move to the Senate Rules Committee.

House Insurance Committee

Early this morning, Chairman Eddie Lumsden (R-Armuchee) and his committee moved forward with DO PASS recommendations, to the House Rules Committee, all of the following bills:

• SB 65, authored by Watson, MD (R-Savannah), addresses the Governor’s request to allow Georgia to move from the federal exchange to a state-based exchange. According to Senator Watson, the Department of Insurance has been working on this for the last six months. He noted that healthcare is complicated and that there had been misplaced anxieties about this legislation. 17 states and the District of Columbia have a state-based exchange, and this change will allow Georgia to do the reinsurance portion. It applies to individuals up to 400 percent of the federal poverty level. Lumsden (R-Armuchee) will carry this legislation in the House.

• HB 63, authored by Representative Noel Williams Jr. (R-Cordele), previously passed out of the Committee but was recommitted due to a language question. However, no further changes were made to the legislation, and the Committee cleared the proposal yet again. It allows the sharing of claims experience in groups with 20 or more (now, law allows for 100 or more).

• SB 27, authored by Brass (R-Newnan), cleared with LC 52 0199. Brass explained that the legislation passed previously addressing discounts by eyecare professionals, and this cleans up a loophole in the current law. Representative Matthew Gambill (R-Cartersville) will carry this legislation in the House.

• HB 295, authored by Representative Lee Hawkins (R-Gainesville), is a change to Georgia’s Surprise Billing law in Title 33. It is an agreed proposal by insurers, hospitals, the Department of Insurance, and other stakeholders. It addresses failure to comply with the law; notice regarding ERISA; prompt pay; facilities’ reimbursement of emergent care; final payment issues; Commissioner of Insurance’s powers (broadened); timing for arbitration (moving from 30 days to 60 days); fines to providers; and authority for the Department to promulgate rules. Hawkins read some information to the Committee about ERISA issues that had been raised, citing the Rutledge v. PCMA case.

• HB 362, authored by Representative Karen Mathiak (R-Griffin), seeks clarification of payments so that providers may obtain an insurer's accounting of payments.

House Human Relations and Aging Committee

The House Committee, chaired by Representative Jesse Petrea (R-Savannah), was called to order Wednesday afternoon.

• HB 309, authored by Representative Sharon Cooper (R-Marietta), addresses the financial stability of assisted living facilities and personal care homes in Chapter 7 of Title 31 of the O.C.G.A.  The Department of Community Health also appeared today before the Committee. Joe Hood testified that the legislation allows DCH to look at financials and assess the financial stability of the personal care home or assisted living facility. The Department may find facility issues to see if they can meet the determination and accept the information presented (like a change of ownership, etc.). Representative Lisa Campbell (D-Kennesaw) asked whether language could be added to clarify the discretion. Some of those reviewed would be challenged by putting into statute regarding thresholds where the Department would have such flexibility. Are there other best practices in the industry with a generalized threshold for ranges of financial stability? A CPA must certify on an affidavit, which would look at the size and scope.  Representative Karen Lupton (D-Chamblee) asked about any liability on the Department in making this determination. Gambill (R-Cartersville) asked about national standards; the Department is looking at how the CPA determines the affidavit. Representative Gabe Okoye (D-Lawrenceville) also asked questions about the certification and a tiered threshold. Campbell (D-Kennesaw) asked about forced discharge versus a change of ownership. The measure passed with an 11-4 vote.

• HB 497, authored by Representative John LaHood (R-Valdosta), amends Title 31 of the O.C.G.A. to allow penal institutions to work with a manufacturer for medications and employ certified medication aides. Section two supports the workforce by removing barriers to becoming a certified medication aide. Currently, you must be a CNA to become a CMA. The measure allows the department to broaden this requirement to EMTs or Patient Care Technicians. LaHood requested adding, “has relevant professional or educational experience as determined by the department,” in line 89.  This legislation received a DO PASS recommendation, and it now moves to the House Rules Committee.

House Health Committee

The House Health Committee, chaired by Representative Lee Hawkins (R-Gainesville), met to consider the following measures on Wednesday:

• HB 416, authored by Representative Deborah Silcox (R-Sandy Springs), amends Chapter 24 of Title 33 to address use of pharmacy techs to administer vaccines and is an extension of the permission provided during the Public Health Emergency. The public emergency saw a need to designate technicians to give shots for COVID. The measure defines terms and conditions on how they may continue to give shots under a supervising pharmacist with only giving shots to adults. The vaccine must be CDC and FDA approved. The measure requires continuing education as well as the technician be certified in cardiac life support. There are also continuing education requirements outlined in the legislation. There are further requirements for the supervising pharmacist such as his or her documenting and reporting adverse events and checking the vaccine registry as well as registering the vaccine in the registry. It does not allow pharmacy technicians to order vaccines. Ms. Sharon Sherrer, a practicing pharmacist in Marietta, expressed support for the bill. Heather McCloud, former pharmacy technician of the year, testified in support of the legislation, noting that techs are able to give vaccines for children and adults. The measure received a DO PASS recommendation, and it now moves to the House Rules Committee.

• HB 343, authored by Representative Mark Newton (R-Augusta), amends Chapter 64 of Title 33. The bill attempts to lower prescription costs. Representative Newton explained that patients often receive explanations of benefits or EOBs which outline the list price for a service and contract price. Patients may pay 20 percent for instance, based on this information, but it doesn’t apply to expensive medications which are provided in life-altering medications. There is a rebate or contractual adjustment provided, but those are not passed along to the patient at the point of sale. The bill addresses exemptions, and it omits self-funded plans which are federally regulated. The legislation is to provide transparency. Large ERISA plans may be able to force more transparency. Some questioned whether the bill could actually cause premiums to rise. Newton argued that the legislation would help the smaller plans regulated by the state. Representative Patty Bentley (D-Bulter) asked the meaning of the legislation. Newton remarked that it really deals with brand medications and not generic medications that do not generally have rebates. The legislation does not touch 340b programs (Representative Kim Schofield (D-Atlanta) inquired about that). Jesse Wethington testified for GAHP noting he believes that the bill is not needed and he asked that the Committee consider adding the general ERISA language to clarify those plans and the fact that the bill does not cover those.

Dorothy Glasser and advocates for Responsible Care expressed their support for the measure. She noted her work on step-therapy. She argued that rebates help patients. The legislation would direct rebates at the pharmacy counter in HB 343. Bentley indicated that she liked that the patient was considered first. Representative Billy Mitchell (D-Stone Mountain) inquired about what happens with lost revenue. Representative Dexter Sharper (D-Valdosta) noted that he was in favor of the citizen.

Michael Power spoke to bill, representing PBMs. Power explained that 8.9 million Georgians get drugs through PBMs. He opposed the legislation as it in part mandates terms in private contracts. Further, he noted that ERISA plans are to be exempt. PBMs prefer generic drugs. It was noted that drug manufacturers are accused of abusing patent law. Heather Breeden spoke in support; she is with the MS Society. Breeden explained that the average list price for a multiple sclerosis drug is $94,000. The legislation received a DO PASS recommendation. Newton added an amendment after line 81 in a new subsection (h) adding ERISA language so that section does not apply. The bill passed as amended with one no vote, and it now moves to the House Rules Committee.

• HB 441, authored by Representative Katie Dempsey (R-Rome), amends Chapter 11 of Title 41 of the O.C.G.A. to regulate teledentistry. Patient safety, according to Representative Dempsey, is a priority. This measure builds on HB 154 (2017). Theresa Garcia Robertson with the Georgia Dentistry Association spoke in favor of the bill. Dr. Peter Shatts, a practicing dentist, spoke in favor of the bill. Dr. Jamie Mitchell also testified in favor as a practicing dentist from Monticello, Georgia. His practice provides Medicaid. Teledentistry has a place. Smile Direct Club spoke to the bill but opposed the bill as it limits teledentistry and the number of providers. One question Smile Direct raised was why a licensed dentist is now being required to have a permit to do teledentistry. Ethan James spoke to the Committee on behalf of the Georgia Dental Hygienists Association. The association supports teledentistry and is concerned about the bill. His questions were about the scope issues and dental hygienist. Kathy Starr echoed those concerns. It was noted that there are differences in education between a hygienist and a dental assistant. After the legislation did not receive a motion DO PASS,  Chairman Hawkins moved to pass the bill. More questions and statements ensued about scope issues and the ability of a dental assistant to do digital scans. The end result was that the legislation was tabled.

• HB 434, authored by Representative Hawkins (R-Gainesville), is a bill seeking to license radiology assistants at O.C.G.A. 43-34-12l. The Committee listened to the differences between technicians and assistants. Today’s discussion was only a hearing as this legislation needs to be referred to the Georgia Occupational Regulation Review Council for review. Managements Services Network and the Rome Radiology Group spoke in favor of the legislation. Dr. Birch explained that the legislation would provide a physician extender and allow physicians more time to interpret studies. The Georgia Radiology Society also supports it. Birch noted that the legislation would also have a direct impact on the workforce shortage and would offer a career path for these folks. The licensure of this group would fall under the Georgia Composite Medical Board. Further, the closest school providing training for radiology assistants is in North Carolina, and it is a two-year program requiring the passage of national boards. These individuals would be similar to physician assistants. There are 30 states allowing licensure or certification of these individuals.

House Education Committee – Policy Subcommittee

The Policy Subcommittee of the House Education Committee, chaired by Representative Scott Hilton (R-Peachtree Corners), to hear the following measures:

• HB 51, authored by Representative Clay Pirkle (R-Ashburn), amends Title 20 to authorize local boards of education to use vehicles other than school buses for the transport of all students to and from school and school-related activities.

Pirkle presented the bill to the Subcommittee, which expands upon recent legislation that opened up access to this transportation for special needs and homeless students to allow for transportation of any students. The Subcommittee recommended the bill DO PASS and be sent to the full Education Committee.

• HB 402, authored by Hilton (R-Peachtree Corners), amends Title 20 to require public schools and local school systems to provide water safety education information upon initial enrollment to parents and guardians of students under 18 years of age and directly to students 18 years of age and older. This information must be provided in electronic or hard copy format and shall include options for age-appropriate water safety education courses and swimming lessons, including courses and lessons offered for free or at a reduced price.

Hilton presented the bill to the Subcommittee alongside a representative of Every Child a Swimmer, which is promoting the legislation. The Subcommittee adopted an amendment to require annual provision of the information, that the information includes courses in the vicinity of the school, and clarify that no school is required to provide swimming instruction or excuse students from school for swimming lessons. The Subcommittee recommended the bill DO PASS by Committee Substitute and be sent to the full Education Committee.

House Ways & Means - Public Finance & Policy Subcommittee

The Subcommittee of Ways & Means, chaired by Representative Ron Stephens (R-Savannah), was called to order early Wednesday morning.

• HB 308, authored by Representative Newton (R-Augusta), seeks to amend Chapter 7 of Title 48 of the OCGA to add dentists to the list of community-based preceptors. The measure also removes the tiered tax credit and creates a $1,000 credit for all qualified preceptors. This measure is set to sunset in December of 2028 should it pass. The measure received a DO PASS recommendation.

• HB 311, authored by Representative Smith (R-Newnan), amends Article 1 of Chapter 5 of Title 48 of the OCGA to allow county tax commissioners the option to create tax credits when a state of emergency has been declared. This measure was a referendum which passed overwhelmingly in the last election. The measure received a DO PASS recommendation.

• HB 31, authored by Representative Debbie Buckner (D-Junction City), seeks to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the O.C.G.A. to dedicate fees to the hazardous waste trust fund. This measure was passed in the 2022 Legislative Session. No action was taken on the measure.

• HB 239, authored by Representative Bruce Williamson (R-Monroe), amends Article 2 of Chapter 7 of Title 48 which adds “aggregate or mineral mining” to the definition to the qualified investment property. No action was taken on this measure.

• HB 412, also authored by Williamson, seeks to amend Chapter 7 of Title 48 of O.C.G.A. to clarify that shareholders of Scorps. No committee action was taken.

House Ways & Means - Tax Revision Subcommittee

The Subcommittee, chaired by Representative Newton (R-Augusta), was called to order to hear three measures.

• HB 413, authored by Representative Williams (R-Cordele), amends 33-1-25 of the O.C.G.A. LC 43 2635 is the Georgia Agribusiness and Rural Jobs Act. This was originally passed in 2017. The Act sunsets in 2023 so the measure would extend and provide a second round of funding.

• HB 191, authored by Representative Stephens (R-Savannah), amends Chapter 11 of Title 48 to increase the sales tax on cigarettes to $0.57 from $0.37. The measure dedicates this revenue to healthcare. This would bring us in line with South Carolina’s tax. Currently, Georgia receives $150 million from current revenues. Representative Jason Ridley (R-Chatsworth) discussed increasing the tax on some of the poorest individuals and concern over personal freedoms and choice. Representative Trey Kelley (R-Cedartown) further asked about tax rates and expressed concern over the increase.

Testimony was received from Leigh Hughes on behalf of the American Cancer Society, Bethany Sherrer on behalf of the Medical Association of Georgia, Madison Scott from Health Mothers, Healthy Babies, Danna Thompson from the American Lung Association of Georgia, Faye Fulton from the Georgia Academy of Family Physicians, Laura Bracie on behalf of the American Heart Association, Angela Holland on behalf of the Association of Convenience Stores, Lynn Durham on behalf of Georgia CORE, Scott Maxwell from the Georgia Public Health Association, Andy Lord on behalf of Georgians for a Healthy Future and Georgia Oncology Association expressed support for the measure.

House Technology and Infrastructure Committee

The House Committee, chaired by Representative Todd Jones (R-South Forsyth), was called to order. HB 307, authored by Representative Alan Powell (R-Hartwell), was pulled from the agenda by the Chair.

• HB 369, authored by Representative Kasey Carpenter (R-Dalton), amends Title 40 of the O.C.G.A. and seeks to remedy issues surrounding delivering alcohol. This measure would allow alcohol to be delivered to a consumer's home. There were some jurisdictional issues, and this substitute seeks to address that and allow deliveries to be made across county lines within a 25-mile radius of the store. The taxes would go to the jurisdiction of the store. Representative Rick Jasperse (R-Jasper) expressed concern over the distance. The committee took no action on this measure.

• HB 406, authored by Jasperse (R-Jasper), amends Article 2 of Chapter 2 of Title 46 and Chapter 1 of Title 10 of the O.C.G.A. This is the result of the study committee on the electrification of transportation. Section one allows convenience stores to sell electricity by the kilowatt hour. Section two mirrors code that manages gasoline and similarly treats energy. It houses energy under the Department of Agriculture. Section three includes energy into the excise tax on the kilowatt hour just as gasoline is taxed. Section four creates effective days, which according to Jasperse, might need to be shifted further out to accommodate department action. Representative Clay Pirkle (R-Ashburn) asked about the lines referencing hydrogen and liquid natural gas and if this was a reference to looking to the future. Jasperse did note that the study committee did discuss future gas. Pirkle asked about the excise tax and its relationship to gasoline. Jasperse noted that this is the equivalent agreed upon by experts. Representative Brent Cox (R-Dawsonville) asked about the federal funds allocated for charging stations and if it was only for electric vehicles and charging stations. Jasperse noted the amount is roughly $127 million and was not sure. Representative Sam Park (D-Lawrenceville) asked about the transfer of gasoline to electric vehicles and the decline of funds for roads and bridges, and if other states are taking a similar approach. Jasperse said he agreed about the decline and noted Georgia is a leader in taxing energy for EVs. Representative Williamson (R-Monroe) needed clarification on the kilowatt hour equivalency for a gallon of gasoline and whether the excise tax would be collected by the wholesaler. Jasperse agreed. Representative Buckner (D-Junction City) asked about charging at home and charging at a retail location since there will be an impact on the road.

Ben Kessler from Charge Point, Lewis Massey on behalf of Tesla, and Angela Holland on behalf of the Association of Convenience Stores voiced support for the measure with some reservations.

Stephanie Gossman from Georgia Power, Jason Bragg from Georgia EMC, and Kathleen Russell from the Department of Agriculture expressed support with no reservations.

A friendly amendment on line 94 was offered after “prominently displaying.” Representative Brad Thomas (R-Holly Springs) added, “or providing the required information to a remote display.” The measure received a DO PASS recommendation as amended.

House Higher Education Committee

Chairman Chuck Martin (R-Alpharetta) and the Higher Education Committee had an aggressive agenda of bills in the hour after lunch.  They had the following on their agenda:

• HB 130, authored by Representative Matthew Gambill (R-Cartersville), seeks to add a new Code section at O.C.G.A. 20-3-460  to provide for student loan repayment for peace officers. Lynne Riley, with the Georgia Student Finance Commission, presented with Representative Gambill a substitute to the original proposal. It is a Governor’s bill to help recruit and train officers - about 3,800 individuals statewide. $3.2 million is being invested for state and local officers - up to $20,000 per officer for five years of service. The program is also in the Governor’s Budget report for FY 2024.  It is limited to criminal justice courses of study. Lines 35-77 were also changed and addressed “installment payments” addressing payments for officers when they are employed. It requires the officer to be employed this year. Officers can leave the career but not owe any payment back. They get the credit for the year worked. They have leeway about where they work - if they move from a metro police department to a sheriff’s department to the State Patrol. Lines 47-49 were questioned and a chance of redemption. The Georgia Student Finance Commission will address that in the contracts, and that would include the length of time to complete the degree. There were questions on how this works with the high career grants, passed in 2022. The legislation only addresses undergraduate degrees. The Sheriffs’ Association and Georgia Police Chiefs talked in favor of the legislation.  Another change was requested and the bill will be a new substitute tomorrow for the Committee’s review.   Thus, no action was taken today on the legislation.

• HB 131, authored by Representative Kasey Carpenter (R-Dalton), is the Workforce Development Act which seeks to: provide that certain students shall be deemed opportunity students and shall be classified for opportunity tuition, subject to certain conditions; to provide for such conditions, and to provide for the calculation of opportunity tuition; to provide for priority consideration for students classified for in-state tuition. This legislation was hearing only today, and no action was taken. Carpenter presented a substitute. 19,800 have status of DACA and have no opportunity to attend colleges in the system at an affordable rate. Permits individuals who have been in Georgia since 2013 without a felony charge at a rate set by Board of Regents, based on institutional cost. The legislation will apply to both University System schools as well as those in the Technical College System. Representative Jasmine Clark (D-Lilburn) asked questions about the language providing ‘priority’ and whether there were potential constitutional questions. Americans are first and opportunity students are second.  Lines 49 and 133 were altered — opportunity tuition is 110 percent of in state tuition. DA King spoke to the issue and he opposed the legislation — straw man argument about illegal aliens who take up seats; opportunity tuition creates opportunity for folks who are here illegally. Opportunity schools are available to students who were not turned away by schools since 2012. Kathy Stadham asked that the bill be killed today - it gives opportunities not available to Americans. American citizens come first, and her taxes should not fund others. David Garcia advocated for Latino community and this opportunity tuition is important to those folks. He did not support the substitute to the bill - residency conditions in the language; do not want second tier based on tuition; it ties to property ownership; etc.  The original legislation was a step in the right direction and to develop the state’s workforce. Many are exceptional students and they have received investment from the state for their k-12 education.  

• HB 163, authored by Representative Lauren McDonald (R-Cumming), amends O.C.G.A. 49-10-6 relating to the Georgia Board of Health Care Workforce, so as to provide for student loan repayment for medical examiners employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation. The need was understood but more work is needed on this legislation.

• HB 185, authored by Representative Houston Gaines (R-Athens), addresses the IPSE (Inclusive Postsecondary Education) funding which assists students with disabilities.  The original legislation had the students under the HOPE program, and now it is moved to fall under traditional funding with a grant. The Committee reviewed LC 49 1313S and an amendment was offered along with some scriveners’ errors. The Chairman had an interest in sunsetting the provisions.  Lines 39-41 have been reworded to address programs be open and available for students. As it is new, Chairman Martin would like for it to be reviewed so that they can look at two cohorts, by sunsetting in 2028.  No testimony was provided today, and language is going to be crafted in an amendment at the next meeting. No other action was taken.

• HB 392, authored by Representative Jasperse (R-Jasper), seeks to create the Georgia Endowment for Teaching Professionals.  It was hearing only today, and no action was taken.

• HB 427, authored by Representative Gregg Kennard (D-Lawrenceville), seeks to add at O.C.G.A. 20-3-11  to prohibit the Board of Regents of the University System of Georgia, the State Board of the Technical College System of Georgia, and public postsecondary institutions from asking applicants whether they have been arrested or convicted of certain crimes. It was hearing only today, and no action was taken.

House Judiciary Non-Civil Committee – Leverett Subcommittee

The Leverett Subcommittee of the House Judiciary Non-Civil Committee, chaired by Representative Rob Leverett (R-Elberton), held a spirited two-hour debate on HB 231, authored by Representative Joseph Gullett (R-Dallas). The bill establishes an oversight body for district attorneys for a defined set of violations of his or her office that could be examined by an appointed group of lawyers and brought before another set of attorneys, both sets of which would be appointed by the Governor, Lieutenant Governor, and Speaker of the House. The District Attorneys Association opposes the bill, but there is a split among elected DAs on the bill.  The grounds for a disciplinary proceeding include failure to prosecute crimes. Two non-members of the subcommittee appeared in support of the bill, Representative Houston Gaines (R-Athens) and Representative Jesse Petrea (R-Savannah). Part of the debate was whether the existing disciplinary procedures were sufficient, such as legislative impeachment, elections, and the State Bar of Georgia. No vote was taken on the bill.

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 reconvene for Legislative Day 23 on Thursday, Feb. 23 at 10:00 a.m.

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

• HB 36 - Ad valorem tax; language required to be included in notices of current assessment; revise (W&M-49th)

• HB 95 - Revenue and taxation; Internal Revenue Code and Internal revenue Code of 1986; revise terms and incorporate certain provisions of federal law into Georgia law (W&M-134th)

• HB 138 - Revenue and taxation; update population bracket and census data for certain property tax exemption for certain leased property (W&M-118th)

• HB 142 - Education; establishment of unified campus police forces through agreements by colleges and universities; provide (PS&HS-56th)

• HB 162 - Income tax; one-time tax credit for taxpayers who filed returns for both 2021 and 2022 taxable years; provide (W&M-26th)

• 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)

• HB 222 - Insurance, Department of; clarify, streamline, and make transparent the practices of the department (Ins-12th)

• HB 319 - Education; abolish Georgia Higher Education Assistance Corporation (HEd-49th)

• HR 66 - General Assembly; moto fuel and diesel fuel taxes; ratify Governor Brian P. Kemp Executive Orders (W&M-15th)

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

• HB 18 - Supplemental appropriations; State Fiscal Year July 1, 2022 - June 30, 2023 - (Substitute) (Approp-159th)

• SB 50 - Education; local boards of education which operate a school with grades nine through 12 may provide instruction in lifeguarding and aquatic safety; provide (Ed&Y-23rd)

• SB 63 - Bonds and Recognizances; setting of bonds and schedules of bails; provide (Substitute) (PubS-29th)

• SB 110 - 'Back the Blue Act'; enact (I&L-20th)

• SB 121 - Counties and Municipal Corporations; local governments from denying the drilling, servicing, or repair of new or existing water wells on single-family residential and farm properties; prohibit (NR&Env-24th)

• SR 76 - Training Program; high-risk athletic activities for children 14 and under on property owned by the state of Georgia; covering important safety information for prevention and treatment of injuries to our young athletes; encourage (C&F-32nd)