The General Assembly got back to work on Tuesday with a slate full of committee meetings to advance bills and resolutions through the legislative gauntlet. But before legislators receded into the meeting rooms in the State Capitol and Coverdell Legislative Office Building, the House and Senate each took up measures on their floors. The House voted unanimously to pass HB 385, which allows retired educators who meet certain requirements to return to the classroom and help address the teacher shortage in K-12 education. Meanwhile, the Senate signed off on SB 330, the “Giving the Gift of Life Act" which encourages individuals to become living organ donors, as well as SB 332, the “Inform Consumers Act” which provides for certain disclosures by third-party high-volume sellers of consumer products on online marketplaces.

Details on Tuesday’s committee actions, as well as a look ahead at Wednesday’s floor action in this #GoldDomeReport.

In this Report:

• Committee Reports

• New Legislation

• What’s Next

Committee Reports

House Education Committee – Academic Innovation Subcommittee

The Academic Innovation Subcommittee of the House Education Committee, chaired by Representative Todd Jones (R-South Forsyth), met to consider one measure today:

• HB 999, authored by Representative Wes Cantrell (R-Woodstock), is the “Georgia Educational Freedom Act.” The bill amends Title 20 to create a new “promise scholarship” program for K-12 students. The legislation provides a $6,000 annual stipend for eligible students to pay for education-related expenses at participating private schools. Participating students must waive their rights to public education services, including rights and accommodations available pursuant to an IEP or Section 504 Plan.

Representative Cantrell presented the bill to the Subcommittee, contending that “one size does not fit all” in K-12 education and that HB 999 “funds students, not systems.” He stated that the only requirement for student eligibility is attendance in a public school and presented statistics suggesting overwhelming support for school choice. Representative Cantrell extolled that school choice is not anti-public school, and he described his proposal as one to give students options. He also described differences in HB 999 from HB 60: any student is eligible; flat $6,000 annual funding for each student; subject to appropriations with no separate cap or escalator.

Representative Doreen Carter (D-Lithonia) asked how low-income parents would be able to afford private schools even with the $6,000 award, to which Representative Cantrell noted that the funds can be used for a variety of education-related expenses. Representative Carter also asked how participating schools would be held accountable, to which Representative Cantrell stated that parental choice is the ultimate accountability for participating schools. He also stated that he did not anticipate issues with parental waiver of IEP or Section 504 rights since he had not heard of a single issue around such waivers since first introduced in SB 10. Representatives Mike Cheokas (R-Americus) and Ed Setzler (R-Acworth) spoke in support of the legislation, noting that parents have the responsibility to do what is right for their children which may include picking a different school. Representative Carter expressed concern about sending State tax dollars to private schools but called for means-testing and other safeguards if the bill is to advance.

The following spoke in support of HB 999: Frontline Policy Action and one parent.

The following expressed concerns with HB 999: the SPLC Action Fund, Georgia Coalition for the People’s Agenda, Intercultural Development Research Association, the Georgia Budget, and Policy Institute, the Professional Association of Georgia Educators, the Georgia School Board Association, Gretchen Walton of the Cobb County School District, Chuck Clay, the Georgia Education Coalition, the Georgia Educators Association.

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

House Education Committee

The House Education Committee, chaired by Representative Matt Dubnik (R-Gainesville), met to consider the following measures:

• HB 60, authored by Representative Wes Cantrell (R-Woodstock), is the “Georgia Educational Scholarship Act.” The bill amends Title 20 to allow for certain public school students to receive public education funds to pay for private "qualified educational expenses." Specifically, the legislation allows any student whose family income is below 200% of the federal poverty level, adopted foster children, active duty military children, students with one of several disabilities and IEPs, those with a documented case of bullying, and students who “spent the previous school year enrolled in a public school which is part of a local school system not currently offering an option for students to receive 100 percent of instruction in person" to seek an allocation equal to the state-wide average per student allocation of state funds for public education. Students may use this allocation to pay for expenses including tuition and fees for private and postsecondary schools, nonpublic online learning courses, therapy services, transportation, and educational technology and materials. Unused funds may also be applied to tuition at a Georgia postsecondary institution after a student graduates high school.

Representative Cantrell presented the bill to the Committee, noting that it differs from HB 999 in that it has additional eligibility requirements for students (low income, military student, foster/adopted student, IEP/Section 504/diagnosis, or virtual instruction) and has an initial cap at 0.25% of statewide enrollment that escalates each year subject to full funding of QBE. This version also sets the scholarship amount at 95% of the statewide per student average.  

Representative Tommy Benton (R-Jefferson) asked why Georgia needs a third voucher program, to which Representative Cantrell noted that this proposal offers more flexibility because funds do not have to be used for private school tuition alone. Representative Benton also asked about the transparency and accountability of participating private schools. Representative Ed Setzler (R-Acworth) asked about testing, noting that the Milestones test is standard-oriented, whereas other tests measure other competencies. Representative Bee Nguyen (D-Atlanta) asked about the cost of the proposal, which she posited would start at around $24M and grow to over $200M at full implementation. Representative Mesha Mainor (D-Atlanta) had several specific questions about how the program would work if implemented. Representative Will Wade (D-Dawsonville) asked if the author would be open to an amendment requiring certification for participating private school teachers, to which Representative Cantrell stated that it would be an unfriendly amendment because “some of the best teachers” are not certified.

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

• HB 885, authored by Representative Dave Belton (R-Buckhead), amends Title 20 to expand the definition of “military student” and provide that a military student may attend any public school in the local school system in which such student resides. The bill also allows students to remain in a school for the remainder of a school year if his or her residence changes or through 12th grade if the change occurs during 11th grade.

Representative Chris Erwin (R-Homer) presented the bill to the Committee in Representative Belton’s absence. Representative Ed Setzler (R-Acworth) expressed concern about which military members and families would be eligible, and an amendment was offered to add “or has separated from active or reserve military service” at the end of line 21. The amendment was adopted, and the Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee. 

Senate Insurance and Labor Committee

Chairman Dean Burke (R-Bainbridge) and the Senate Insurance and Labor Committee took up two bills - both bills were before the Committee by substitutes and received unanimous DO PASS recommendations.  Those bills moving forward are:

• SB 342, the legislation by Senator Kay Kirkpatrick (R-Marietta), is a mental health parity bill (LC550067S). The legislation adds annual reporting requirements for insurers, who offer mental health and substance abuse coverage to consumers, to the Department of Insurance in O.C.G.A. 33-24-59.1.  This brings those insurers into reporting requirements that are not ERISA plans.  It does apply to individual, small, and group plans. The legislation makes these insurers provide DOI information on meeting parity requirements like the federal requirements and does permit DOI to add additional reporting requirements. The Department of Insurance is also required to post a summary on its website so that consumers may do comparisons among insurers.  There are penalties outlined in the legislation.  Co-pays for instance will be required to be the same as for physical disorders and treatment. Senator Kirkpatrick indicated the legislation is modeled after Kentucky, Indiana and Maryland provisions.  Data collected that the DOI will share from the insurers will be aggregate data; no individual data. Senator Kirkpatrick indicated that there would be no added costs for the non-ERISA plans.  A number of groups supported the legislation including the Medical Association of Georgia, Georgia Association of Health Plans, Georgians for Healthy Future, Georgian Council on Substance Abuse, and NAMI-Georgia. Senator Kirkpatrick did note for the Committee that additional funds would be needed by the DOI to carry out this work, analyzing data.

• SB 341, also by Senator Kirkpatrick, is a continuation of SB 80 from 2021 regarding prior authorizations for medications (LC 550066S).  This legislation is also modeled after Kentucky law.  It addresses individuals who have chronic medical conditions so that prior authorizations for individuals who are stable on medications will only be done once per year in O.C.G.A. 33-46.23.1. There was support raised for the bill by the Medical Association of Georgia, Georgia Association of Health Plans (indicating that the bill strikes the right balance and looks at clinical safety) and Georgians for Healthy Future.

House Health and Human Services

Chairwoman Sharon Cooper (R-Marietta) called the House Health and Services Committee to order to discuss two bills.

• HB 918 by Representative Mike Cheokas (R-Americus) establishes a Rare Disease Advisory Council. Representative Cheokas presented a substitute for his bill (LC 33 88961S). The measure aims to establish a council to bring attention to rare diseases in the form of advocacy, research, caregiving, education, and furthering the prospect of cures. The council will be comprised of 15 members, five appointed by the Governor, Lt. Governor, and Speaker. The Advisory Council will evaluate newborn screenings and create a website to educate and disseminate information for diagnosis. The Council will be able to solicit contributions for various purposes.

Representative Cheokas has two guests to speak on behalf of the legislation. Nathan Peck and Beth Nguyen who both have a rare disease with symptoms that could have been prevented had there been knowledgeable providers and quick diagnoses.

Megan Andrews from the Department of Public Health spoke in favor of the bill but raised concern regarding overlap with the Newborn Screenings and Genetics Advisory Committee. Currently, the measure includes language which would require the Rare Diseases Advisory Council to "evaluate and make recommendations to implement necessary improvements to Georgia newborn screening programs" which could create duplicity and confusion with the Newborn Screenings and Genetics Advisory Council within the Department of Public Health. Another request from the Department was clarity on which agency this council would be administratively attached.

Representative Cheokas agreed to add two members to the council. One from the Department of Public Health and a pediatric specialist in rare diseases.

The committee took no action and Chairwoman Cooper commented the measure would remain in the House Health and Human Services Committee until next Tuesday so the language could be clarified.

• HB 1049 by Representative John LaHood (R-Valdosta) adds two positions to the state long term care administrator board. To move it from 9 to 11 for assisted living professionals and other professionals on the board. Rep. Petrea asked if this ensures representation from all types of care professionals. Rep. LaHood agreed that it would. Currently, there are three board members from small facilities. This would add one assisted living nurse from a large facility and one nursing home administrator. The committee voted that the bill DO PASS.

Senate Health and Human Services Committee

Chairman Ben Watson (R-Savannah) and the Senate Health and Human Services Committee took up two bills and had a presentation.  Both bills, presented by substitutes, received a DO PASS recommendation and now move forward to the Senate Rules Committee.

• SB 340, by Senator Kay Kirkpatrick (R-Marietta), amends O.C.G.A. 31-7-95 and addresses the designated teaching hospital definition and their residency programs’ accreditation.  It requires those to be accredited by the Accreditation Council for Graduate Medical Education (rather than the American Medical Association).  It also addresses the definition for hospital authority which requires the authority to offer a residency program approved by the Accreditation Council for Graduate Medical Education. These medical education programs are for less than 50 residents.  The bill was initiated by the late Executive Director of the Georgia Board for Health Care Workforce, LaSharn Hughes

• SB 338, authored by Senator Dean Burke (R-Bainbridge), amends O.C.G.A. 49-4-159 to permit Medicaid coverage for women for one year, rather than six months, post-pregnancy.  The Department of Community Health has indicated it is in support of the legislation according to Senator Burke.  Healthy Mothers Healthy Babies supported the legislation along with the Georgia OB/GYN Society, the American Heart Association, and VOICES.

A presentation was made to the Committee by Lynn Durham, President and CEO of the Georgia Center for Oncology Research and Education (“CORE”) about that organization’s work in bringing more cancer clinical trials to Georgia and advancing cancer research in the state to keep Georgians in the state for their care.  Through the organization’s work, they presently have 800 clinical trials across the state, increasing access to care especially in underserved populations and rural areas.  Georgia CORE works in partnerships with the Regional Cancer Coalitions, the health system cancer centers, and the Georgia Cancer Control Consortium. Ms. Durham noted some statistics for the Committee: cancer is the state’s second leading cause of death, contributing to 21 percent of the deaths in the state (2019); approximately 53,000 new incidents of cancer are estimated and 18,750 deaths due to cancer are estimated in 2022; cancers with the highest numbers of incidence are lung, colorectal, breast, cervical, and prostate; and there are 647,000 Georgians who are cancer survivors.  She also noted that when the Tobacco Settlement Agreement was entered into with the big tobacco companies that $.27 on each dollar was spent on prevention and treatment; now that is $.09 on each dollar.  The current annual amount in Georgia received from the Tobacco Settlement Agreement is approximately $14 million.  Ms. Durham asked the Committee to help move more funds to prevention and education and to consider an “advisory council” on cancer.

Senate Regulated Industries and Utilities Committee

Chairman Bill Cowsert (R-Athens) and the Senate Regulated Industries and Utilities Committee took up one bill:

• SB 352, authored by Senator Bruce Thompson (R-White), is a bill to work towards addressing workforce issues in the state by amending Chapter 1 of Title 43.  It provides for the issuance of expedited licenses for certain licenses of spouses of firefighters, healthcare providers, and law enforcement officers.  Senator Thompson noted that it was a tool to encourage folks to move to Georgia.  He recited that there is a 90 percent staffing shortage in public safety.  The Georgia Center for Opportunity and Americans for Prosperity supported the legislation. The Committee asked a number of questions, including whether it would be a better approach if the Commissioner of Labor made the decision on the professions to address (that was asked by Senator Frank Ginn (R-Danielsville).  Senator Lindsey Tippins (R-Marietta) was concerned that it did not include all professions.  Senator “Doc” Rhett (D-Marietta) suggested that it be more limited - for instance to certain healthcare providers. The Home Builders Association of Georgia supported the legislation.  One amendment was made to the legislation, offered by Senator John Kennedy (R-Macon), to address licensure checks in other states so that the applicant would have to acknowledge that he or she is not under investigation or have a disciplinary action. There were also questions around providing expedited licensure preference to non-Georgians and also what the optics might be seen with allowing massage therapists to expedite their licensure. While attempts were made to table the proposal due to the numerous questions, it received a DO PASS recommendation and moved forward by Committee Substitute as amended. 

Chairman Cowsert indicated that at Thursday’s Committee meeting, the Committee would either hear the three medical marijuana bills (SB 263, SB 264 and SR 165) or have a presentation from the EMCs, Georgia Power, and the convenience stores on electric vehicle batteries (he noted his reasoning on this was due in part to Rivian coming to Georgia and that he wanted  the Committee to have an understanding on the infrastructure which includes understanding the current system as well as what future ideas and solutions the groups had in supplying batteries for the vehicles). 

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 10 on Wednesday, February 2, at 10AM.

The House is expected to consider the following propositions on Legislative Day 10:

• HB 478 – Evidence; expert testimony in criminal cases; change rules

• HB 907 – Elections; dates for special elections; question related to sales and use taxes for transportation; revise provisions

The Senate is expected to consider the following propositions on Legislative Day 10:

• SB 369 – Board of Education of Gwinnett County; future elections for members of the board of education shall be nonpartisan; provide