With a week remaining before Crossover Day, activity hit a fever pitch in the Capitol on Monday. The House and Senate floors were both active with debate of weighty measures like Governor Kemp’s “Safe Schools Act” (HB 147) and legislation amending Georgia’s certificate of need law (SB 99) to allow an additional exemption for rural acute care hospitals. Legislators also dug in on their positions on the Amended FY 2023 State Budget. Both chambers insisted on their own versions of the spending plan, setting the stage for a conference committee that is likely to get to work later this week. The conferees will have to wedge in negotiations with a plethora of other committee meetings this week, but who said state budgeting was easy? Certainly not the #GoldDomeReport. 

In addition to the work in multiple committee meetings on Monday, members of Georgia’s Delta Sigma Theta members dressed in their red worked the halls today on human trafficking and mental health issues. They are among more than 250,000 members in their 1,000 chapters worldwide. Resolutions commending these servant leaders of Delta Sigma Theta were read in both chambers today.

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 24:

• HB 122 - Georgia Achieving A Better Life Experience (ABLE); governance of program by board of directors of Georgia Higher Education Savings Plan; provide (Substitute) (HEd-27th). The Committee Substitute passed by a vote of 167-0.

• HB 147 - Safe Schools Act; enact (PS&HS-9th). The bill passed by a vote of 148-20.

• HB 220 - Property; means of enforcement of condominium and property owners’ association instruments; rules; and regulations; provide (Judy-123rd). This legislation passed with a vote of 144-22.

• HB 237 - State government; Southeast Georgia Soap Box Derby as official soap box derby of State of Georgia; designate (SRules-156th). This legislation passed by a vote of 168-0.

• HB 254 - Civil practices; alternative procedure for designation of official legal organ; provide (Substitute) (Judy-136th). The Committee Substitute passed by a vote of 166-1.

• HB 268 - Criminal Justice Coordinating Council; motor vehicle related crime prevention initiatives; establish grant program (Substitute) (PS&HS-174th). The Committee Substitute passed by a vote of 162-7.

• HB 440 - Education; authorize public and private schools to stock a supply of undesignated ready-to-use glucagon (PH-40th). This legislation passed  by a vote of 169-0.

• HB 444 - Property; revise when an action may operate as lis pendens (Judy-99th). The bill passed by a vote of 171-0.

• HB 480 - Workers’ compensation; benefits; change certain provisions (I&L-160th). The bill passed by a vote of 154-15.

The Senate took up the following measures on the floor on Legislative Day 24:

• SB 99 - Certificate of Need Requirements; exemption for acute care hospitals established in rural counties that meet certain criteria; (Substitute) (RI&U-27th). This legislation passed by Committee Substitute with two Floor amendments with a vote of 42-13.

• SB 116 - Disposition of Municipal Property; the maximum term of certain leases or contracts for the use of property owned by a municipality for recreational facilities; provisions (SLGO(G)-1st).  This legislation passed by a vote of 52-2.

• SB 129 - Primaries and Elections; time off for employees to advance vote; provide (ETHICS-25th). The bill passed by a vote of 51 to 4.

• SB 145 - "Landscape Equipment and Agricultural Fairness (LEAF) Act"; enact (SLGO(G)-48th). This legislation passed with a Floor Amendment by a vote of 37-16.  (The Floor Amendment added a repeal of the law as of June 30, 2031.)

• SB 159 - Correctional Institutions of States and Counties; wireless communications and stand-alone electronic devices behind guard lines; prohibit (Substitute) (PUB SAF-29th).

Committee Reports

Senate Health and Human Services Committee

The Senate Health and Human Services Committee, chaired by Senator Ben Watson (R-Savannah), met on Monday to consider the following legislation:

• SB 164, authored by Senator Chuck Hufstetler (R-Rome), amends Title 43 to provide for licensure of advanced practice registered nurses.

Hufstetler presented the bill to the Committee, explaining that there is not currently licensure for APRNs separate from licensure for RNs. This bill will create separate licensure. This legislation was previously passed by the House and Senate, but it was vetoed by Governor Kemp as it did not go through the Georgia Occupational Regulatory Review Council. The bill has now gone through GORRC.

The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• SB 168, authored by Senator Rick Williams (R-Milledgeville), amends Title 44 to allow a chiropractic practice to have a lien on a cause of action accruing to an injured person for the costs of care and treatment of injuries arising out of the cause of action.

Williams presented the bill to the Committee, and the Georgia Chiropractic Association appeared in support. These liens are already available for hospitals, nursing homes, physicians, and burn centers.

• SB 197, authored by Hufstetler (R-Rome), amends Title 43 to prohibit deceptive or misleading terms or false representations by health care practitioners in advertisements and representations. The bill also prohibits the misappropriation of medical or medical specialty titles by healthcare practitioners in advertisements and representations.

Hufstetler presented the bill to the Committee, explaining that the bill is intended to make sure health practitioners are open and clear about their credentials in advertising and representations. In response to a question from Senator John Kennedy (R-Macon), a representative of the Georgia Alliance for Patient Protection explained that penalties for violating the Code section would be determined by the individual licensing boards implicated.

The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• SB 223, authored by Watson (R-Savannah), amends Title 31 to authorize reimbursement of patient-incurred expenses related to participation in a cancer clinical trial. Specifically, the bill clarifies that these reimbursements are not illegal inducements and requires that reimbursement provisions be addressed in clinical trial documentation.

Watson presented the bill to the Committee, explaining his own experience as a participant in a clinical trial. Lynn Durham of the Georgia Center for Oncology Research and Education explained the broad scope of cancer clinical trials available in Georgia and the importance of diversity of participants in trials.

The Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Public Health Committee

The Committee hearing today was dedicated to an extensive presentation and brief public comment on the new mental health legislation from the Behavioral Health Reform and Innovation Commission, HB 520.  Representative Mary Margaret Oliver (D-Decatur) and Representative Todd Jones (R-South Forsyth) went through the bill section by section, after first describing the 2022 work resulting from HB 1013 passed in 2022. One interesting result was an increase in the number of law enforcement visits accompanied by mental health support from 35 to over 200. The members of the committee asked lots of positive questions and several made the point that they hoped the several study committees in the 2023 legislation were not “top down” efforts but lifted up what is occurring locally. There was widespread acknowledgement of workforce issues underlying all the efforts to increase local mental health services. The members particularly liked the proposed study of bed capacity statewide. In the face many questions, Chair Sharon Cooper (R-Marietta) said she would not allow a vote on the bill today but would call another Committee meeting in the next day or so to allow everyone time to study the bill. The bill was supported broadly with public testimony from NAMI, the Georgia Mental Health Policy Partnership, Georgians Against Torture, several substance abuse alliances, Georgia ACT, and Georgians for a Health Future. Several minor amendments were suggested, and it appears a new substitute will be brought forth on Tuesday before another Committee meeting Wednesday.

Senate Education & Youth Committee

The Senate Education & Youth Committee, chaired by Senator Clint Dixon (R-Gwinnett), met early on Monday to consider several measures:

• SB 4, authored by Senator Gail Davenport (D-Jonesboro), is the “Blind Persons' Braille Literacy Rights and Education Act.” The bill amends Title 20 to require an evaluation of a blind or visually impaired student to determine such student's need for Braille instruction. It also requires Braille instruction and other requirements in the individualized education program of a blind or visually impaired student as appropriate.

Davenport presented the bill to the Committee, where at least one member expressed surprise that Braille instruction was not already required for blind students. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

• SB 98, authored by Senator Jason Anavitarte (R-Dallas), amends Title 20 to prohibit local board of education members from discussing individual personnel matters with school officials except under certain circumstances provided by law. The bill also prohibits board of education members from retaliating against the local school superintendent or a school administrator, teacher, or other school personnel for engaging in protected political activity.

Anavitarte presented the bill to the Committee, explaining that its impetus is in a situation that occurred in Paulding County that involved a school board member bullying a teacher by slow-rolling her contract because of the teacher’s political activity. The bill is intended to leave personnel matters to the professionals hired by the board to manage them. The Committee heard a substitute that included exceptions for discussion of fair dismissal, personnel complaint policies, tribunals considering local school law, and in executive session. Senator Greg Dolezal (R-Cumming) asked how board members are supposed to forward concerns with personnel that are shared with them in the community, to which Anavitarte explained that the bill is not intended to squelch that kind of communication. Dolezal said that he does not read the language that way. Legislative Counsel said the prohibition could turn on how “discussion” is defined and suggested that the Committee might consider an amendment that would clarify that such communications forwarding concerns are allowed. Legislative Counsel proposed an amendment stating “the mere referral of a personnel matter to the local school superintendent shall not be prohibited.”

The Georgia School Board Association expressed appreciation to the author for incorporating proposed revisions in the bill but notes that the Association believes that the conduct prohibited by the bill is already covered in a school board code of ethics. The Georgia School Superintendent Association spoke to the bill, calling it “sound”. The Georgia Association of Educational Leaders expressed appreciation for the issue raised by Dolezal and the proposed amendment.

The Committee adopted the amendment proposed by Legislative Counsel, and the Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.

• SB 202, authored by Senator Sheikh Rahman (D-Lawrenceville), amends Title 20 to provide for an outdoor learning spaces pilot program.

Rahman presented the bill to the Committee, explaining that it implements the recommendations of a study committee in 2021. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Education Committee – Policy Subcommittee

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

• HB 469, authored by Representative Penny Houston (R-Nashville), amends Title 20 to require public schools to cooperate with local law enforcement agencies and other emergency management agencies to ensure that detailed and accurate school building plans, school property site plans, and crisis response mapping data are shared. The bill also provides for requirements of crisis response mapping data.

Houston presented the bill to the Subcommittee, explaining that the point of the bill is to get accurate maps of schools to public safety officials. There was substantial conversation about the effective date of the bill, which is July 1, 2023, as initially drafted. Houston expressed an interest in schools completing this mapping as soon as possible. Legislative Counsel proposed an amendment that would provide a “no later than” implementation date. There was also a question about the cost of the mapping, which Houston said she thought was approximately $3,500 per school.

Alex Carney of the Critical Response Group, a vendor who provides this mapping, spoke to the bill. In response to a question, he stated that a July 2024 implementation deadline “would be fair.” Representative Will Wade (R-Dawsonville) asked if GEMA was involved in the bill, to which Houston said that GEMA “was aware” and had no issues. Representative Rick Townsend (R-Brunswick) asked whether the requirements in the bill favored any particular vendor, to which Carney responded that creating maps to the specifications in the bill is not that complicated or proprietary. Butch Ayers of the Georgia Association of Chiefs of Police spoke in support of the measure.

The Subcommittee deferred action on the bill for further discussions and perfection.

• HB 504, authored by Representative Matt Hatchett (R-Dublin), amends to exclude amounts attributable to level 1 freeport exemptions for purposes of calculating local five mill share.

Hatchett presented the bill to the Subcommittee, explaining that Dublin City Schools are unable to receive equalization due to the lack of this exclusion. He stated that, while we may not know the dollar impact of this legislation for several years, it will certainly have a positive financial impact on the district. In response to a question, Hatchett clarified that, while the legislation will benefit Dublin City Schools, other districts across the state will also stand to benefit.

The Subcommittee recommended the bill DO PASS and be sent to the full Education Committee.

Senate Committee on Veterans, Military and Homeland Security

The Committee met early this morning and took up the following legislation:

• SB 195, authored by Senator Larry Walker, III (R-Perry), addresses Georgia’s licensure processes for transitioning service members and their spouses and would enact the “Freedom to Work Act.”  It would allow, in Chapter 1 of Title 43, a process for expedited licensure for individuals who have certifications from or work experience from the military (United States Armed Forces).  This legislation addresses concerns raised by individuals stationed at Robins Air Force Base in Walker’s district. The legislation received a DO PASS recommendation, and the bill moves forward to the Senate Rules Committee.

House Higher Education Committee

The Committee had a speedy meeting Monday morning to pass out the House version of a sports betting bill, HB 380, by Representative Marcus Wiedower (R-Watkinsville). The bill authorizes online sports betting as a lottery game and is not accompanied by a constitutional amendment, relying instead on the constitutional authority for the lottery. Wiedower brought a substitute that increases the privilege fee (state tax) to 25% and changes the annual licensing fee for online betting operators to $1.5 million. The Committee also approved Representative Lauren McDonald’s (R-Cumming) HB 163 authorizing the Board of Health Care Workforce to include student loans for medical examiners.  The Committee had a discussion on Representative Rick Jasperse's (R-Jasper) HB 392, creating the Georgia Endowment for Teaching Professionals, which allows tax-exempt contributions to the Georgia Technical College System for teachers in high-end jobs, such as welding.  Several questions were raised about how to include other entities as contributors of such teachers, and Chairman Chuck Martin (R-Alpharetta) hinted the bill may still move before Crossover Day if the questions can be answered and a substitute created.

House Judiciary Non-Civil Committee - Leverett Subcommittee

Chairman Rob Leverett (R-Elberton) and his Subcommittee met to take up these bills:

• HB 383, authored by Representative Matt Reeves (R-Duluth), seeks, in part, to provide in Titles 31 and 36 for enhanced penalties for aggravated assault and aggravated battery committed upon emergency health workers and healthcare workers located on a hospital campus and to provide for P.O.S.T. certified peace officers employed by hospitals to serve as hospital peace officers and to provide for law enforcement authority of hospital peace officers on hospital campuses.

• HB 231, authored by Representative Joseph Gullett (R-Dallas), seeks to create in Chapter 18 of Title 15 the Prosecuting Attorneys Oversight Commission. Gullett presented his initiative. 

DA Moseley from Clayton Judicial Circuit and as president of the Prosecuting Attorneys Council. She opposed the legislation as it covers 74 district attorneys and solicitor generals. 4.05 percent (of all DAs and solicitors) is causing the issue for the creation of the Commission. Misfeasance and malfeasance is being added and can bring a DA before this new commission. Due process is another issue she raised. The articles of impeachment will allow the review much quicker for a DA and they can still be voted out if the electorate is not happy. Representative Steven Sainz (R-St.Marys) asked if she felt like she was being a good DA, and he asked about the voters oversight. DAs and solicitors are members of the State Bar; that is different from judges (as there are some judges which are not attorneys). Representative Barry Fleming (R-Harlem) inquired about the Judicial Qualifications Commission and a prosecutor argued that entity should be eliminated she did not agree with that being eliminated as not all judges are attorneys where DAs and solicitors are members of the State Bar. Has PAC weighed into the non-partisan DA bill; Reeves asked that the PAC relook at that decision on whether those offices should be partisan. Supreme Court decision on DUIs? PAC has reviewed that as legislation will be introduced on this.  On impeachment, Reeves asked about that as judges can be impeached. Reeves stated that a pool to address backlog cases would be useful.  Reeves indicated that for him the “JQC” model works.

DA Sherry Boston also spoke to the Subcommittee, pointing out a couple of questions from Sainz and Reeves. The State Bar fulfills the “JQC”-type function for DAs — the State Bar may address bad actions by a DA through the disciplinary board. There are rules which may prohibit certain information which can be disclosed. The State Bar cannot remove a DA from office but they can disbar or suspend an attorney and therefore the DA cannot continue to serve in his/her role.

Sainz asked if the State Bar is a private or public entity. The Bar is an entity of the Supreme Court. There are three lay people on the disciplinary panel. Georgia Bar Rules of Professional Conduct can allow action to be taken for lack of prosecuting specific crimes.

Reeves asked about former DAs who have been hired in other roles as attorneys. The Albany Judicial Circuit has 10,000 caseloads; Reeves indicated he wanted a process to clean up that issue more quickly. She pointed out the $55,000 starting salary which is paid by some counties when they do not have supplements.

Fleming asked when she left the disciplinary panel of the State Bar — he asked about the special master process. That was beyond her process but is a mini-trial, which puts forth a decision. Fleming brought up questions about Ms. Gonzalez in Athens; the standard is the Rules of Professional Conduct. 

Representative Dar’shun Kendrick (D-Lithonia) clarified who can regulate judges and attorneys. The State Bar, though, cannot regulate the conduct of judges. Georgia requires attorneys to be a member of the State Bar.

Solicitor General of Forsyth County Bill Finch also testified. He reflected upon the oaths of office and the violations that these individuals take.  He recited several code sections including  O.C.G.A. 16-11-10 and O.C.G.A. 45-11-4.

The subcommittee gave the legislation a DO PASS recommendation despite opposition.

• HB 450, authored by Representative Stan Gunter (R-Blairsville), seeks in part to provide for the reestablishment of the Criminal Case Data Exchange Board as an advisory board to the Administrative Office of the Courts. Chairman Gunter presented this initiative — a substitute is needed — clerks to the Judicial Council rather than the AOC. The Criminal Data Exchange Board is putting standards together now.  Moving it to the Judicial Council will make it more effective. The legislation also has appropriations tied to it.  There is funding in it for the Clerks’ Authority. What does this Exchange Board do? It collects information for GCIC reports, criminal histories of individuals. There is enough technology now that this should be simple per Chairman Gunter. No action was taken today so that a Substitute may be drawn. The Subcommittee also discussed the funding necessary for this Criminal Case Data Exchange Board. There was a request for funding made in the FY 2024 Budget; the Board rejected the idea for the funding despite the inclusion in the Governor’s Budget. The Board will collect the data and attach it to an entity that has more information. Representative Deborah Silcox (R-Sandy Springs) asked about the collection and organization of the data. 

Jill Travis, with the Georgia Association of Criminal Defense Lawyers, requested that the criminal defense lawyers be included in the Board membership since they use the data which is created. Mike Holimon discussed the history of the Board created under then-Governor Deal. Dispositions were not getting into the criminal case histories. Clerks have had issues with charge mapping since 2007. CJEP (JDX) or criminal case history system. CJEP needs $25 million with three to five years for implementation. SB 441 was brought up as it addressed standards for reporting data. Disposition reporting and charge mapping difficulties were also shared with the Subcommittee. GCIC may indicate charge mapping but is an impediment to getting the final disposition into the system. There was a listing of common errors also provided to the Subcommittee. Representative Barry Fleming (R-Harlem) explained this is an attempt to fix the data — an electronic filing system for civil records. If we do an agency addressing criminal records, why don’t we just look at the private sector for a criminal records system? The Clerks Association is proposing a “hub” system. The hub would be under the Board. Mr. Holimon did not know of the wealth of data held by the  Judicial Council.  Chairman Gunter’s frustration is the length of time that is being taken to get data that can be reviewed by judges. Representative Yasmine Neal (D-Jonesboro) asked about the database which will identify what is missing.

• HB 219, authored by Representative Scott Hilton (R-Peachtree Corners), seeks to add a new Code section at O.C.G.A. 7-1-915.1 to provide for the venue for the offense of money laundering.  The bill states that the crime will be considered to have been committed in any county from where the unlawful movement of money or currency was transferred or where an attempt at unlawful transfer was made, taken, obtained, converted, or come into control of, or in any county where the transfer was received, in any county where the defendant resides or is found, or in any county in which any other part of the offense took place, regardless of whether the defendant was ever actually in such county.

House Judiciary Non-Civil Committee

Chairman Tyler Paul Smith convened the Committee to take up these proposals:

• HB 166, authored by Representative Karen Mathiak (R-Griffin), concerning the qualifications and use of constables. The Committee moved forward this legislation with a DO PASS recommendation.

• HB 227, authored by Representative Rob Leverett (R-Elberton), presented his legislation in Titles 16, 32, 35, and 42 and 43 by Committee Substitute. This legislation addresses damages done to power or other utilities stations when there is criminal interference. Georgia EMCs and cable companies have supported the legislation. The legislation received a DO PASS recommendation.

• HB 327, authored by Representative Mike Cameron (R-Rossville), addresses a step-grandfather's sexual relationship with a child. O.C.G.A. 16-6-22 is amended to incorporate a step-grandfather into the incest relationship list. A motion was made DO PASS and the motion passed.

• HB 302, authored by Representative Lehman Franklin (R-Statesboro), amends O.C.G.A. 16-5-94 to include language for issuance of temporary or permanent restraining orders.  The legislation received a DO PASS recommendation.

• HB 196, authored by Representative Alan Powell (R-Hartwell), was presented as a Substitute, amending Chapter 12 of Title 16 of the O.C.G.A.  In part, it provides that the Georgia Access to Medical Cannabis Commission shall be subject to the Administrative Procedure Act and laws governing open meetings and open records. It addresses the protests made by applicants for licensing of production facilities. Two new diseases are also added to the list of conditions where THC oil may be used for treatment. Representative Fleming (R-Harlem) brought up the lengthy process for the applicants — in the new substitute, it looks like more licenses may be issued. There is now a maximum of 15 licenses (previously it was at 6 — addressing the number of protestors). Representative Charlice Byrd (R-Woodstock) asked who can get the cards; it would be those individuals who have one of the diseases which are enumerated. She also asked about the number of Georgians who would have these cards. Sam Olens spoke to the Committee about the legislation, focusing on scoring issues, and he noted Section 8 was the most different. According to him, Section 8 is an issue; those suing the state are getting automatic licenses. This takes away the evaluation process by the Medical Cannabis Commission and its review. Les Schneider also addressed the Committee, indicating that there is no perfect answer on this issue and asked that the bill be passed as is. Fleming asked if what is in Section 8 was in the subcommittee; yes, but it is different.  It is an approach to eliminate litigation. Powell indicated that this bill is about money, not to “win the Mother Teresa award.”  Individuals need the product. The legislation received a DO PASS recommendation.  An amendment was offered by Chairman Smith making the language a requirement rather than it being permissive, moving the bill back to what it was at the beginning.  The goal is to address the issuing of a certain number of licenses. The Smith Amendment failed.  The measure, a House Judiciary Non-Civil Committee Substitute, passed 7-5 and now moves to the House Rules Committee.

• HB 181, authored by Representative Rick Townsend (R-Brunswick), amends O.C.G.A. 16-13-25 to provide that mitragynine and hydroxymitragynine are Schedule I controlled substances and how those substances are to be sold, including how the products are to be labeled. The legislation, providing more restrictions on kratom, was considered in the form of a new Substitute.  After much discussion, additional language was deemed necessary and a new Substitute will be brought on Wednesday while a representative from a national kratom group asked the Committee to “walk away.”

House Insurance Committee – Life & Health Subcommittee

The Life & Health Subcommittee of the House Insurance Committee, chaired by Representative Darlene Taylor (R-Thomasville), held a hearing only on the following bill:

• HB 417, authored by Representative David Knight (R-Griffin), amends Title 33 to prohibit insurers from discriminating against certain healthcare facilities and providers in connection with the procurement, delivery, and administration of provider administered drugs. Specifically, the bill targets “white bagging” and “brown bagging” practices and prohibits insurers from requiring insureds to obtain provider administered drugs through specific specialty pharmacies. The bill does not prohibit these practices if optional and selected, but it does bar insurers from requiring insureds to secure pharmaceuticals in this way.

Knight presented the bill to the Subcommittee as a Substitute (LC 46 0576S). The private right of action was eliminated in this Substitute. Representatives of the Shepherd Center spoke in support of the legislation, explaining concerns related to the timely delivery, safe handling, and constantly changing therapies. The Georgia Pharmacy Association, Georgia Hospital Association, and the Multiple Sclerosis Society also appeared in support. Pharmaceutical Care Management Association appeared in opposition to the legislation, explaining requiring insureds to obtain some drugs from specific pharmacies helps ensure access and affordability of those drugs. The Georgia Association of Health Plans also expressed concerns and promoted the affordability aspect, explaining that hospital and provider-administered drugs are subject to substantial markup, on average $7,000 more expensive in a hospital and $1,400 more expensive in a doctor’s office. Chairman Taylor suggested that stakeholders meet to discuss guardrails that might be erected to limit the markup on provider administered drugs. No action was taken on the bill.

House Ways & Means - Income Tax Subcommittee

Chair Bruce Williamson (R-Monroe) called the Income Tax Subcommittee to order to discuss the following:

• HB 82, authored by Representative Mack Jackson (D-Sandersville), amends Article 2 of Chapter 7 of Title 48 of the O.C.G.A. to provide a tax credit for rural physicians with a $2 million cap. The measure extends the sunset, which was set to expire in 2023. Representatives from the Medical Association of Georgia and Community Health Centers spoke in favor of the measure. No action was taken on this measure.

• HB 490, authored by Representative Spencer Frye (D-Athens), amends Chapter 7 of Title 48 of the O.C.G.A. to address affordable housing. This measure seeks to de-incentivize investors buying starter homes and adversely impact first-time buyers. This would remove the state income deduction for single-family rentals. Representative Dale Washburn (R-Macon) wanted to clarify that this would only exclude corporations for single families, not single owners. Frye noted that was accurate. No action was taken on this measure.

House Ways & Means - Ad Valorem Subcommittee

Chair David Knight (R-Griffin) called the Subcommittee to order to discuss the following:

• HB 264, authored by Representative Vance Smith (R-Pine Mountain), amends Code Section 48-5-311 of the Official Code of Georgia Annotated to adequately divide the time when an appeal is made to a property to the benefit of the taxpayer. A substitute, LC 43 2728S, strikes 96-101 and adds the “appeals admin shall schedule a hearing within 100 days of the date of the appeal.” Steve Swindle from the Georgia Association of Assessing Officials expressed concern over adding the new section. A short discussion was had on the new language. The measure received a DO PASS recommendation with the expectation a new substitute would be presented.

• HB 322, authored by Representative Sandra Scott (D-Rex), seeks to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated to prohibit real property assessments from including non-related taxes or fees on ad valorem tax bills. Larry Ramsey from the Association of County Commissioners expressed concern over the measure. Representative Ron Stephens (R-Savannah) provided an example of partial payments being made if someone in the tax office inaccurately applies their payment. Mr. Ramsey acknowledged this was possible, but there is no history of it happening. No action was taken on this measure.

• HR 98, authored by Representative Kasey Carpenter (R-Dalton), explained a local issue relating to airplanes and competing with Chattanooga. Currently, in code, only land can be exempted from ad valorem taxes. This measure seeks to allow local exemptions for ad valorem and homestead exemption. This would require a Constitutional Amendment, and Georgians would have to vote to approve it. Larry Ramsey from ACCG expressed concern over the measure because this would make an exception in the precedent of tax uniformity. No action was taken on this measure.

House Ways & Means - Sales Tax Subcommittee

Chair Chuck Martin (R-Marietta) called the Sales Tax Subcommittee to order to discuss the following:

• HB 230, authored by Representative Mark Newton (R-Augusta), amends Chapter 8 of Title 48 of the O.C.G.A. for a local project. This would allow local votes to vote on a half-of-a-penny sales tax for Augusta Richmond County to replace the coliseum capital outlay project. The measure received a DO PASS recommendation.

• HB 408, authored by Representative Bruce Williamson (R-Monroe), seeks to amend Code Section 48-8-3 of the Official Code of Georgia Annotated to extend the sunset to 2026 for exemptions on significant, competitive, regional projects. The measure received a DO PASS recommendation.

• HB 283, authored by Representative Beth Camp (R-Concord), amends Part 1 of Article 1 of Chapter 8 of Title 48 of the O.C.G.A. to tax mobile homes at 60% rather than on both their construction materials and labor. Jimmy Coty from the Georgia Association of Manufactured Housing explained this measure puts the construction of mobile homes in parity with site-built homes and expressed their support. Larry Ramsey from ACCG expressed concern over this measure. No action was taken on this measure.

• HB 431, authored by Representative Karla Drenner (D-Avondale Estates), amends Part 1 of Article 3 of Chapter 8 of Title 48 of the O.C.G.A. to remove restrictions so DeKalb County to work on capitol outlay projects. Dan Baskerville explained DeKalb had a HOST sales tax of 80% for prop tax relief and 20% for capital projects. Dekalb was unable to have SPLOST. A task force was formed, and they determined revisions of HOST were needed. DeKalb County CEO Michael Thurmond expressed his support. No action was taken on this measure.

House Ways & Means - Public Finance & Policy Subcommittee

Chair Ron Stephens (R-Savannah) called the Subcommittee to order to discuss the following:

• HB 31, authored by Representative Debbie Buckner (D-Junction City), amends Part 2 of Article 3 of Chapter 8 of Title 12 of the O.C.G.A. to dedicate the Hazardous Waste Trust Fund fees which have been collected to it. The measure received a DO PASS recommendation.

• HB 40, authored by Representative Marvin Lim (D-Norcross), seeks to amend Article 3 of Chapter 13 of Title 48 of the O.C.G.A. to exempt hotel vouchers from the local hotel motel excise tax. Representative Shaw Blackmon (R-Bonaire) asked if this is state or federal funding. Federal funds pass through local organizations. Representative Trey Kelley (R-Cedartown) inquired about entitlement designations. Representative Mark Newton (R-Augusta) asked what the average stay for someone in a hotel was and if this would affect the future formula funding. Lim would get back to him with some of those answers. Williamson asked if this would impact any state excise taxes. This measure is solely focused on local excise taxes. No action was taken on this measure.

• HB 223, authored by Chairman Ron Stephens, amends Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated. The measure prevents local governments from altering or changing their designated private-sector nonprofit organization engaged in promoting tourism, conventions, and trade shows. This only applies to local governments that have collected $500,000 or more for the last three fiscal years. No action was taken on this measure.

House Ways & Means Committee

Chairman Shaw Blackmon (R-Bonaire) called the full committee to order to discuss the following:

• HB 31, authored by Representative Debbie Buckner (D-Junction City), amends Part 2 of Article 3 of Chapter 8 of Title 12 of the O.C.G.A. to dedicate the Hazardous Waste Trust Fund fees which have been collected to the fund. The measure received a DO PASS recommendation and heads to the House Rules Committee.

• HB 230, authored by Representative Mark Newton (R-Augusta), amends Chapter 8 of Title 48 of the O.C.G.A. for a local project. This would allow local votes to vote on a half-of-a-penny sales tax for Augusta Richmond County to replace the coliseum capital outlay project. The measure received a DO PASS recommendation and heads to the House Rules Committee.

• HB 264, authored by Representative Vance Smith (R-Pine Mountian), amends Code Section 48-5-311 of the Official Code of Georgia Annotated to adequately divide the time when an appeal is made to a property to the benefit of the taxpayer. The measure received a DO PASS recommendation and heads to the House Rules Committee.

• HB 408, authored by Representative Bruce Williamson (R-Monroe), seeks to amend Code Section 48-8-3 of the Official Code of Georgia Annotated to extend the sunset to 2026 for exemptions on significant, competitive, regional projects. The measure received a DO PASS recommendation and heads to the House Rules Committee.

New Legislation

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

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

What’s Next

The General Assembly will reconvene for Legislative Day 25 on Tuesday, February 28 at 10:00 a.m.

The House is expected to consider the following measures on Legislative Day 25:

• HB 73 - Public utilities; written disclosure statement with any agreement for sale or financing of distributed energy generation systems; provisions

• HB 84 - Commerce and trade; provide for commercial financing disclosures (Substitute) (B&B-124th)

• HB 88 - Coleman-Baker Act; enact (Substitute) (JudyNC-120th)

• HB 155 - Professions and businesses; issuance of licenses by endorsement for spouses of firefighters, healthcare providers, and law enforcement officers who relocate to Georgia; provide (Substitute) (RegI-49th)

• HB 187 - Crimes and offenses; authorize for-profit credit repair services (Substitute) (A&CA-123rd)

• HB 204 - Georgia Municipal Court Clerks’ Council; create (Judy-152nd)

• HB 212 - Niche-Beauty Services Opportunity Act; enact (Substitute) (RegI-136th)

• HB 269 - Workforce Innovation and Opportunity Act; authorize local workforce development boards to conduct meetings via teleconference (GAff-146th)

• HB 291 - Guardian and ward; add to the list of providers who are authorized to participate in the processes for appointment of a guardian for an adult (Substitute) (JuvJ-14th)

• HB 301 - Motor vehicles and traffic; revise amount of civil monetary penalty for violations of improperly passing a school bus or speeding in a school zone (Substitute) (MotV-6th)

• HB 306 - Education; energy cost savings measures; revise definition (Substitute) (FAff-114th)

• HB 309 - Health; financial stability requirements for applicants and licensees of personal care homes and assisted living communities; revise provisions (HumR-45th)

• HB 332 - Controlled substances; Schedule I, IV, and V; provide certain provisions (JudyNC-158th)

• HB 396 - Oconee River Greenway Authority; add president of Georgia College and State University (NR&E-158th)

• HB 414 - Mental health; grant program to aid service members, veterans, and their families; provide (Substitute) (Hth-146th)

• HB 416 - Pharmacies; authorize qualified pharmacy technicians to administer certain vaccines (Hth-53rd)

• HB 475 - Code Revisions Commission; revise, modernize and correct errors in omissions (CR-18th)

• HB 497 - Health; use of certified medication aides in penal institutions; authorize (Substitute) (HumR-175th)

• HB 518 - Labor and industrial relations; employment security; change certain provisions (Substitute) (I&L-1st)

The Senate is expected to consider the following measures on Legislative Day 25:

• SB 19 - Courts; collection of passport application and processing fees by clerks of superior courts and probate court judges; provide (Substitute) (GvtO-32nd)

• SB 83 - Stalking; eligibility for restraining orders; revise (Judy-41st)

• SB 128 - Peace Officers' Annuity and Benefit Fund; the total percentage of funds that can be invested in alternative investments; raise the limit (Substitute) (Ret-56th)

• SB 149 - "Georgia Door-to-Door Sales Act"; enact (Substitute) (RI&U-56th)

• SB 169 - Public Schools; extension of hearing dates for student discipline tribunals; provide for limits (Substitute) (ED&Y-54th)

• SB 170 - "Students and Teachers SPEAK Act"; enact (ED&Y-56th)