The House and Senate had relatively short floor agendas on Wednesday, but each took up measures that will make waves in Georgia courts–and the court of public opinion. The House approved, HB 478, Representative Bonnie Rich’s (R-Sugar Hill) proposition to establish the Daubert evidentiary standard in Georgia criminal cases, by a 138-25 vote and left some wondering how the heightened evidentiary standard was not already established law here. Across the rotunda, the Senate took up the splashier question of whether Gwinnett County’s board of education elections should be statutorily nonpartisan. Senators agreed that they should, passing SB 369 by a 32-21 vote along party lines, sending the bill to the House for further consideration.

Meanwhile, after riding high on the prospect of being named Georgia’s State Marsupial by HB 1002, opossums were dealt a blow on Wednesday by the introduction of HB 1147, which will allow year-round hunting of the critters. Another reminder that you can’t win them all.

Recaps of today’s committee meetings and new legislation in this edition of the #GoldDomeReport.

In this Report:

• Committee Reports

• New Legislation

• What’s Next

Committee Reports

Senate Finance

Chairman Chuck Hufstetler (R-Rome) and the Senate Finance Committee cleared the way this afternoon for two pieces of legislation from Lt. Governor Geoff Duncan’s legislative package. 

• SB 361, carried by Senator Larry Walker, III (R-Perry), addresses a mechanism to create a state tax credit for contributions to law enforcement foundations.  The legislation is modeled after the Rural Hospital Tax Credit (which Lt. Governor Duncan passed when he was a member of the Georgia House of Representatives).  The legislation will be known as the “Law Enforcement Strategic Support Act” and added at O.C.G.A. 48-7-29.24. The funds received from the contribution proposed (which would generate a tax credit to the person or business making the contribution) is a way in which local communities can pay their officers more; help with hiring efforts of more officers; provide officers more training; purchase needed equipment for officers; and implement the co-responder model for mental health/behavioral health calls so that a mental health professional can ride along with officers in those situations.  The tax credit is capped at $100 million annually, and there is a cap of $5 million permitted to each qualifying foundation.  Individual taxpayers can receive a dollar-for-dollar credit up to $5,000.  There are also maximum amounts for married couples as well as business entities in the proposal.  The Atlanta Police Foundation spoke in favor of the proposal.  Senator John Albers (R-Roswell) noted that he had helped cities in his area to create similar foundations.  Lt. Governor Duncan indicated in his remarks that this legislation was an alternative way to address a bi-partisan problem by empowering communities.  It will take partisanship out of the issue and help make neighborhoods safer. Terry Norris, with the Sheriff’s Association, spoke about the proposal but noted that they wanted to see some additional work on the legislation to address local budget dynamics.  The legislation received a DO PASS recommendation.

• SB 370, carried by Senator Bill Cowsert (R-Athens), creates the “Fostering Success Act” in Chapter 7 of Title 48 in an effort to help children and youth who are aging out of the foster care system by providing tax credits for donations to qualified organizations which provide wraparound services to the youth aging out of the state’s care.  Lt. Governor Duncan indicated that this was really a policy credit and came about through his church, Northpoint, and its “Be Rich” program.  DFCS will be required to qualify any entity receiving the donations for an individual to receive the credits.  There are reporting requirements in the legislation so that the entities must report on how the money came to them and how it is spent. Chairman Hufstetler reminded the Committee that the Foster Child Tax Credit, which was previously enacted, was created at a time when foster care youth in care numbered around 14,000 in Georgia; now that number has dropped to around 11,000 - he noted that he saw that as 3,000 children received permanent homes.  Senator Albers remarked that this is a great bill and will create a savings for the state as there will be fewer youth incarcerated or needing public assistance as they will receive needed services to succeed.  This credit will apply, if passed and enacted, to the 2022 tax year.  There are approximately 500-1,000 children leaving the foster care system annually.  Senator Chuck Payne (R-Dalton) inquired about services for youth who are leaving a Department of Juvenile Justice facility and whether those youth will be able to get similar services; Senator Cowsert stated that was a brilliant idea and one which he would work on with Senator Payne going forward.  Two entities spoke in support of the legislation: Connections Home and NAMI-GA. Two amendments were made to the legislation - 1) adding that “funds made during taxable year” at line 50; and 2) a clean up of numbering at line 200.  The legislation received a DO PASS as amended recommendation.

House Industry and Labor

The House Industry and Labor Committee was called to order by Chairman Bill Werkheiser (R-Glennville) to discuss one measure.

• HB 1045, authored by Representative Houston Gaines (R-Athens), extends the dissolution of the Subsequent Injury Trust Fund and its funds. The fund was initially created to promote employers hiring individuals who had current worker's compensation injuries and disabilities. The Fund does not receive any new cases and of the current 45 cases left, there is $300 million left to be used for settlements. A debate was held on whether or not the Fund deserved an extension based on concerns of how claims are reviewed. Representative Robert Pruitt (R-Eastman) motioned for DO PASS, which led to a 5-5 vote at which the Chair voted in favor. The bill now moves to the 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 11 on Thursday, February 3, at 10AM.

The House is expected to consider the following propositions on Legislative Day 11:

• HB 752 - Psychiatric Advance Directive Act; enact

• HB 867 - Truth in Prescription Pricing for Patients Act; enact

• HB 873 - Gwinnett County; Board of Commissioners; revise district boundaries

The Senate did not set a Rules Calendar for Legislative Day 11.