Tuesday February 8, 2022
The House and Senate floors were busy today as lawmakers quickly got back to work after the three-day weekend. The Senate passed several weighty measures, including SB 338, which would extend Medicaid coverage for low-income mothers from six months after childbirth to one year after childbirth. The senators also signed SB 342, which requires annual reporting of mental health parity in health insurance plans, and SB 257, which cleans up several provisions related to the deletion of criminal records. In the House of Representatives, members passed several bank-related measures and bills involving two cities – Lost Mountain (HB 826) and Vinings (HB 840). Full coverage of the day’s ground actions, committee meetings and new legislation in this #GoldDomeReport.
In this report:
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ground action
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committee reports
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New legislation
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What’s next
ground action
The House considered the following measures on Monday
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HB 780 – Retirement and Pensions; Membership of the full-time judges of the regional business court in the pension scheme set up for the judges of the courts of appeal; deploy – PASS (152-0)
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HB 826 – Lost Mountain, City; integrate – PASS (98-54)
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HB 840 – Vinings, town; integrate – PASS (99-56)
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HB 891 – Banking and Finance; financial institutions; ensure numerous updates – PASSED (151-0)
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HB 899 – Contracts; Legal consequences of the abolition of LIBOR; Regulations – PASS (154-0)
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HB 961 – Torts; authorize the apportionment of damages into single-defendant lawsuits; Provide evidence of bystander fault – POSTPONED
The Senate examined the following measures on Monday:
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SB 257 – Georgia Crime Information Center; limitations on criminal records for certain individuals who have been produced for certain offenses or convicted of certain offences; deliver – PASS (48-3)
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SB 326 – State Flag, Seals, Symbols; placement of a memorial honoring the Honorable Clarence Thomas within the Capitol building or grounds; deliver – PASS (32-22)
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SB 338 – Medicaid; Postpartum coverage under Medicaid from six months to one year after childbirth; increase – PASS (54-0)
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SB 342 – Insurance; annual reporting of mental health parity in health plans; deliver – PASS (48-3)
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SB 363 – “Fair Business Practices Act 1975”; Class Actions and Compensation for Breach of Requirements for Calls for Business Filing; deliver – PASS (51-0)
committee reports
Judiciary of the Senate
The Senate Judiciary Committee, chaired by Senator Brian Strickland (R-McDonough), met Monday to consider the following proposals:
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SB 316, authored by Senator Jason Anavitarte (R-Dallas), amends Titles 16 and 20 to provide that a person 18 years or older who commits the offense of stalking a minor shall be guilty of a felony and felony . The bill also requires local education authorities to alert students and students’ parents that some acts of bullying and cyberbullying may constitute criminal offenses.
Senator Anavitarte presented the committee with the replacement bill (LC 49 0783S) proposed by a student in his district. The student who proposed the law to Senator Anavitarte also appeared and supported the bill. Chairman Strickland later explained that the replacement altered the language of the original version, which would have made the offense a felony; The deputy adjusts the language to maintain offense status. Mazie Lynn Guertin of the Georgia Association of Criminal Defense Lawyers expressed appreciation for addressing this issue but raised other concerns about the legislation, including that the bill will specifically target those aged 18 and over and not bullying behavior by youth versus youth.
Senator Bill Cowsert (R-Athens) expressed concern about the bill, saying he spent four years on the Criminal Justice Reform Council reassessing appropriate punishments for crimes and expressing frustration that lawmakers spent the last four years undoing that work and increasing penalties bit by bit. The committee recommended the DO PASS by Committee Substitute bill by a vote of 7-1.
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SB 359, written by Senator John Albers (R-Roswell), is the Safe and Secure Georgia Act. The bill amends several titles to address a range of criminal law issues. First of all, the draft law requires that courts of account be subject to statutory oversight. It provides for an increased penalty for the possession of a firearm by certain convicted felons and probation officers, as well as mandatory minimum sentences for repeat offenders convicted of abusing a disabled or elderly person. The bill also targets gang offenders by barring them from contesting established facts from a guilty or nolo plea in a subsequent civil lawsuit and providing for multi-state jurisdiction for criminal prosecution. The law amends the code relating to criminal procedure and also gives the GBI jurisdiction over state crimes relating to child abuse and kidnapping, elder abuse and disabled adult abuse, criminal gang activity, organized crime activity, elections and domestic cyber, biological, chemical and nuclear terrorism.
Senator Albers introduced what he dubbed the “Omnibus Crime Bill” to the committee. Senator Harold Jones (D-Augusta) asked what concerns there were with accountability courts, and Senator Albers suggested that some judges act as “social workers” or “legislators” rather than jurists. Thomas Weaver appeared and expressed his concern about Section 3. Mazie Lynn Guertin of the Georgia Association of Criminal Defense Lawyers raised a number of concerns about the legislation. The committee took no action on the bill and will hear additional testimony on Tuesday.
Education and Youth Senate
The Senate Education and Youth Committee, chaired by Sen. Chuck Payne (R-Dalton), held only one hearing on the following actions:
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SB 377, authored by Senator Bo Hatchett (R-Cornelia), changes titles 20 and 50 to call for state agencies, the Board of Regents of the University System of Georgia, the State Board of the Technical College System of Georgia, units of the university System of Georgia, units of the Technical College System of Georgia, local education authorities, and local school systems to take action to prevent the use of any curriculum or training program that is based on, encourages, or encourages specific concepts.
Senator Hatchett presented the bill to the committee, stating that it aimed to ban classes on “divisive concepts,” not history classes. Then he read out the specific concepts in lines 27-43 of the legislation. Senator Hatchett then pointed to line 70 as what the bill “does not do,” stating it does not prohibit “the use of curriculum that addresses issues such as slavery, racial or ethnic oppression, racial or ethnic segregation, or racial or ethnic discrimination, including issues related to the enactment and enforcement of laws that lead to such oppression, segregation and discrimination.”
There has been considerable debate as to how this legislation could be improved. Concerns have been raised about the definitions of the separating subjects, teachers’ response to students’ questions about these subjects, and classroom monitoring. Senator Hatchett and Chairman Payne agreed that this legislation requires some work and will remain in committee for the time being.
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SB 15, from Sen. Tonya Anderson (D-Lithonia), was heard. This action amends Section 20-2-142.1 of the Code. Senator Anderson’s legislation would create a new category of coursework for black history and their contributions to the nation and particularly the state. Comments and questions on this bill came quickly as the committee weathered the debate on the previous measure. No committee action was taken.
House of Representatives Committee on Governmental Affairs – Subcommittee of the full government
The Government General Subcommittee of the House Government Affairs Committee, chaired by Rep. Steven Sainz (R-St. Marys), held a hearing Monday on only the following measures:
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HB 78, by Rep. Roger Bruce (D-Atlanta), would create the Supplier Diversity Division. This new bureau amends Chapter 5 of Title 50 and updates the Georgia Code to not only create an bureau focused on empowering minority-owned businesses, but also to report on how government contracts are awarded and to whom they are awarded be given. This disparity study would be updated every two years after implementation.
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HB 148, authored by Rep. Kim Scofield (D-Atlanta), amends Chapter 62 of Title 36 to make changes to development agencies to specifically address an issue in their district.
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HB 1182, by Representative Darlene Taylor (R-Thomasville), focuses on a local issue in Representative Taylor’s district. Your local district attorney asked for clarification of the law regarding a local property.
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HR 630, also by Rep. Darlene Taylor, outlines a study committee to review county governments and their school systems. Representative Taylor mentioned that the main goal of this study is to find ways to help smaller population counties.
New legislation
The following legislation of interest was brought into the House:
The following relevant bills have been introduced into the Senate:
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SB456 |
Health; requirements related to the use of abortion-inducing drugs; Offer |
GA Senator Bruce Thompson (R-GA-014) |
https://www.legis.ga.gov/legislation/61731 |
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SB460 |
Education; Non-citizen students who have received a Deferred Measures Grant for Childhood Arrivals; qualify for state classification; may receive the same consideration as United States citizens |
GA Sen. Nan Orrock (D-GA-036) |
https://www.legis.ga.gov/legislation/61747 |
What’s next
The General Assembly will reconvene on Tuesday 8 February at 10:00 am for the 13th Legislative Day.
The House is expected to consider the following proposals on the 13th Legislative Day:
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HB 56 – Blue Ridge Jurisdiction; Supreme Court; appoint additional judges
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HB 263 – Retirement; probate judge benefits; Revision of the method used to determine certain actuarial equivalents
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HB 1045 – Workers’ Compensation; Dissolving the Consequential Injury Trust Fund; extend period
The Senate is expected to consider the following proposal on Legislative Day 13:
Copyright ©2022 Nelson Mullins Riley & Scarborough LLPNational Law Review, Volume XII, Number 39
