Friday, February 11, 2022
Thursday marked the halfway point to Crossover Day, and members of the House Appropriations Committee got to work early approving their version of the Amended FY23 Budget. Although the House is proposing minimal changes overall from the Governor’s proposal unveiled last month, several interests are receiving gifts in the form of targeted appropriations while the House also looks to use overflowing coffers of tax revenue and federal funds to forward fund some capital expenses typically financed through the annual bond package. The House is expected to vote on the spending plan on Friday, and we have an overview of select agency allocations in this #GoldDomeReport.
Committees have also been active under the Gold Dome over the past two days, churning out 27 measures on Wednesday alone. Read on for full coverage of meetings from Wednesday and Thursday.
In this Report:
House Unveils Amended FY23 Budget Proposal
The House Appropriations Committee and its subcommittees met beginning at 7:00 AM on Thursday morning, moving forward its version of the spending plan which carries the State through June 30, 2022. The total funds for the plan are $29,889,163,593. Among the plan’s inclusions are the increase of funds for a $5,000 pay increase for full-time, benefit-eligible state employees to address agency recruitment and retention needs as Georgia, like private businesses, struggles with finding and keeping its employees. The increase is across all state agencies. There are also funds included for several entities so as to address employees who may be state employees but who have jobs that may be funded by federal or other funds to create parity for those individuals with other state employees.
The House is expected to vote on the proposal on Friday. Allocations for select agencies are as follows (increases from the Governor’s proposal indicated in green, decreases in red):
Behavioral Health and Developmental Disabilities |
Governor’s Proposal |
House Proposal |
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Increase funds for a $5,000 pay increase for all full-time, benefit eligible state employees to address agency recruitment and retention needs. (Agency-Wide) |
$56,381,943 |
$56,381,943 |
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Increase funds for a one-time salary adjustment to provide parity for all full-time, benefit-eligible state employees funded by federal and other fund to address agency recruitment and retention needs. $133,219 |
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Adult Developmental Disabilities Services |
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Increase funds for Georgia Options. $400,000 |
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Reduce funds to reflect delayed contract implementation. ($850,000) |
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Adult Mental Health Services |
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Provide funds for technology upgrades to the Georgia Crisis Access Line in preparation for interfacing with the national ‘988’ hotline. $310,000 |
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Child and Adolescent Developmental Disabilities |
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Provide funds for the Matthew Reardon Center for Autism $16,875 |
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Direct Care Support Services |
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Provide funds for capital maintenance and repairs. $5,000,000 |
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Community Health |
Governor’s Proposal |
House Proposal |
||||||||||
Increase funds for a $5,000 pay increase for all full-time, benefit eligible state employees to address agency recruitment and retention needs. (Agency-Wide) |
$5,714,182 |
$5,714,182 |
||||||||||
Departmental Administration |
||||||||||||
Increase funds for Medicaid Management Information System (MMIS) contractual services to reflect enrollment growth. |
$3,446,489 |
$3,446,489 |
||||||||||
Increase funds for waiver advisory services. |
$290,000 |
$290,000 |
||||||||||
Increase funds to replace the Medicaid Management Information System (MMIS) with the Medicaid Enterprise System Transformation (MEST). |
$6,735,410 |
$6,735,410 |
||||||||||
Increase funds for the All-Payer Claims Database to enable analysis and public reporting of health care costs and utilization for medical, dental, and pharmaceutical services |
$2,815,000 |
$2,815,000 |
||||||||||
Increase funds for the Enterprise Analytics Solution for Everyone (EASE) data warehouse. |
$424,535 |
$424,535 |
||||||||||
Indigent Care Trust Fund |
||||||||||||
Increase funds to provide the state match for Disproportionate Share Hospital (DSH) payments for private deemed and non-deemed hospitals. |
$2,714,137 |
$2,714,137 |
||||||||||
Medicaid – Aged, Blind, and Disabled |
||||||||||||
Provide funds for the Medicaid reimbursement of clinical trials. |
$1,040,534 |
$1,040,534 |
||||||||||
Provide funds for skilled nursing centers for an add-on payment of an additional $10 per patient day. $26,232,673 |
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Medicaid – Low-Income Medicaid |
||||||||||||
Provide funds for the Medicaid reimbursement of donor milk. |
$447,465 |
$447,465 |
||||||||||
Provide funds for the Medicaid reimbursement of clinical trials. |
$3,580 |
$3,580 |
||||||||||
State Health Benefit Plan |
||||||||||||
The State Health Benefit Plan shall provide coverage of FDA-approved medications for the treatment of obesity. |
Yes |
|||||||||||
Georgia Board of Health Care Workforce: Graduate Medical Education |
||||||||||||
Provide funds for residency slots to fully fund the actual number of residents. |
$1,741,888 |
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Georgia Board of Health Care Workforce: Mercer School of Medicine Grant |
||||||||||||
Reduce funds to reflect expenditures. ($500,000) |
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Georgia Board of Health Care Workforce: Morehouse School of Medicine Grant |
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Provide funds to support planning efforts for a new nursing program at Morehouse School of Medicine. $500,000 |
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Education |
Governor’s Proposal |
House Proposal |
||||||||||
Increase funds for a $5,000 pay increase for all full-time, benefit eligible state employees to address agency recruitment and retention needs. (Agency-Wide) |
$2,537,489 |
$2,537,489
|
||||||||||
Increase funds for a one-time salary adjustment to provide parity for all full-time, benefit-eligible state employees funded by federal and other funds to address agency recruitment and retention needs. $1,382,737 |
||||||||||||
Agricultural Education |
||||||||||||
Increase funds to offset the austerity reduction for the Area Teacher Program, Extended Day/Year, Young Farmers, and Youth Camps. |
$253,606 |
$253,606
|
||||||||||
Provide funds for agricultural education equipment and facilities. $4,280,287 |
|
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Curriculum Development |
|
|||||||||||
Reflect a delayed implementation date for the rural coding program. ($240,000) |
|
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Non-Quality Basic Education Formula Grants |
|
|||||||||||
Recognize savings based on Residential Treatment Facility Program Manager position start date and salary. ($41,602) |
|
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Nutrition |
||||||||||||
Increase funds to provide a one-time salary supplement of $1,000 to all nutrition workers. |
$10,142,000 |
$13,782,420 |
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Preschool Disabilities Services |
||||||||||||
Increase funds to provide a one-time salary supplement of $2,000 to full-time employees and $1,000 to parttime employees, to include QBE-funded instructional staff, school support staff, school administration, and central administration. |
$1,968,130 |
$1,968,130
|
||||||||||
Increase funds to offset the austerity reduction for grants. |
$1,682,204 |
$1,682,204
|
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Pupil Transportation |
||||||||||||
Provide funds to replace 1,747 buses statewide over three years at a base bus cost of $88,110 and provide funds for reimbursement of key safety features. |
$188,001,658 |
$188,001,658
|
||||||||||
Increase funds to provide a one-time salary supplement of $1,000 to all bus drivers. |
$14,065,549 |
$14,065,549 |
||||||||||
Provide funds to incentivize school systems to purchase alternative fuel buses. |
$5,000,000 |
|||||||||||
Quality Basic Education Program |
||||||||||||
Increase funds to provide a one-time salary supplement of $2,000 to full-time employees and $1,000 to parttime employees, to include QBE-funded instructional staff, school support staff, school administration, and central administration. |
$315,900,085 |
$315,900,085
|
||||||||||
Increase funds to provide a one-time salary supplement of $1,000 to all school nurses. |
$2,070,595 |
$3,159,720 |
||||||||||
Increase funds to offset the austerity reduction for K-12 education. |
$382,696,501 |
$382,696,501 |
||||||||||
Increase funds to provide a one-time salary supplement of $1,000 to all custodians. $8,492,509 |
||||||||||||
Regional Education Service Agencies |
||||||||||||
Increase funds to offset the austerity reduction for grants to RESAs. |
$593,006 |
$593,006 |
||||||||||
Technology/Career Education |
||||||||||||
Increase funds to offset the austerity reduction for Extended Day/Year, Vocational Supervisors, Industry Certification, and Youth Apprenticeship programs. |
$282,460 |
$282,460 |
||||||||||
Provide funds to purchase equipment for construction industry certification, statewide. $2,600,000 |
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Testing |
||||||||||||
Increase funds to administer Georgia Milestones in accordance with Federal requirements. |
$2,392,938 |
$2,392,938 |
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Human Services |
Governor’s Proposal |
House Proposal |
||||||||||
Increase funds for a $5,000 pay increase for all full-time, benefit eligible state employees to address agency recruitment and retention needs. (Agency-Wide) |
$27,071,420 |
$27,071,420
|
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Departmental Administration |
||||||||||||
Increase funds for the Integrated Eligibility System costs for the implementation of the Patients First Act (2019 Session). |
$4,016,595 |
$2,719,534
|
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Reduce funds to reflect workforce efficiencies. ($514,871) |
||||||||||||
Redirect $4,100,000 in unutilized funds to address programmatic costs associated with high-need youth and reduce operating. ($2,600,000)
|
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Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation Program |
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Increase funds for upgrades to the case management system. |
$100,000 |
|
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Restore funds for Georgia Radio Reading Service. $27,000 |
||||||||||||
Restore funds for the Statewide Independent Living Council of Georgia $202,250 |
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Juvenile Justice |
Governor’s Proposal |
House Proposal |
||||||||||
Increase funds for a $5,000 pay increase for all full-time, benefit eligible state employees to address agency recruitment and retention needs. (Agency-Wide) |
$14,228,866 |
$14,228,866
|
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Community Service |
||||||||||||
Increase funds to reflect the loss of Title IV-E funds associated with the October 1, 2021 implementation of the Family First Prevention Services Act and the statewide transition to increased family-based placement settings. |
$525,980 |
$525,980
|
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Increase funds for Room, Board, and Watchful Oversight to reflect the loss of Title IV-E federal funds. |
$2,063,736 |
$2,063,736
|
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Secure Commitment (YDCs) |
||||||||||||
Provide funds for capital repairs and maintenance. $3,249,000 |
||||||||||||
Secure Detention (RYDCs) |
||||||||||||
Provide funds for capital maintenance and repairs. $6,751,000 |
||||||||||||
Public Health |
Governor’s Proposal |
House Proposal |
||||||||||
Increase funds for a $5,000 pay increase for all full-time, benefit eligible state employees to address agency recruitment and retention needs. (Agency-Wide) |
$29,217,937 |
$29,217,937
|
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Infectious Disease Control |
||||||||||||
Increase funds to address the state funds shortfall for the AIDS Drug Assistance Program (ADAP) per the state match requirement in the Ryan White Care Act Title II Award. |
$9,900,884 |
$9,900,884
|
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Georgia Trauma Care Network Commission |
||||||||||||
Increase funds to reflect 2021 Super Speeder collections and reinstatement fees. |
$7,391,635 |
$7,391,635 |
||||||||||
Increase funds to reflect fireworks excise tax revenue collections. |
$1,144,171 |
$1,144,171 |
Floor Action
The House of Representatives took up the following measures on Thursday:
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HB 412 – Professions and businesses; licensure of individuals in the practice of applied behavior analysis; provide – PASSED (158-2)
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HB 430 – Professions and businesses; licensure of advanced practice registered nurses; provide – PASSED (162-0)
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HB 1049 – State Board of Nursing Home Administrators; revise composition – PASSED (159-1)
The Senate took up the following measures on Thursday:
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HB 841 – East Cobb, City of; incorporate – PASSED (31-18)
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SB 231 – Education; pilot program; individuals between ages 21 and 35 who have not attained a high school diploma; provide – PASSED (51-3)
-
SB 277 – Firearms; extend the exemptions from carry laws for court officials to include carrying inside of a courthouse – PASSED (40-14)
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SB 340 – Hospital Authorities and Designated Teaching Hospitals; definitions; revise – PASSED (50-0)
-
SB 358- Georgia Public Safety Training Center; reimbursement of certain costs incurred by active duty, retired, or honorably discharged members of the US armed forces who are attending basic law enforcement training; provide – PASSED (52-0)
-
SB 361 – “Law Enforcement Strategic Support Act” or “LESS Crime Act”; enact – PASSED (52-0)
-
SB 458 – County of Richmond; description of the school board districts; change – PASSED (31-22)
Committee Reports
House Education Committee
On Wednesday, Chairman Matt Dubnik (R-Gainesville) and the Education Committee met to take up for hearing only:
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HR 496, a resolution by Representative Kasey Carpenter (R-Dalton), a constitutional amendment to provide that the qualifications, duties, and salary of the school superintendent shall be established by the board of education as provided by general law and to authorize the General Assembly to provide by law that local school superintendents shall be elected by voters as an alternative to being appointed by local boards of education, if approved by local referendum. It permits counties to choose for these elections of school superintendents. Politics is in education; the resolution is partly due to what happened in Gwinnett County when the school board flipped control. Representative Carpenter read a part of a letter from former Superintendent Wilbanks. Representative Dominic LaRiccia (R-Douglas) if it was not true that lots of counties had great superintendents who were hired by the school board with good graduation rates and are not in favor of elections of school superintendents. The resolution does not require elections per Representative Carpenter. A local bill would have to be introduced and that electorate would have to vote on whether to have an election – like how cityhood is done. Representative Becky Evans (D-Atlanta) also asked about legislation and concerns from other districts; yes, per Representative Carpenter that there are other areas, but it is not personal for his area. There are none elected now; that changed in 1993. Representative Mike Cheokas (R-Americus) asked if it would be similar to how the state school superintendent is selected; yes, it would be. Representative Will Wade (R- Dawsonville) inquired about “qualifications” which board would make that determination; that would be done by the local school board. Representative Rick Jasperse (R-Jasper) asked what Representative Carpenter’s district thought of this idea – but Jasperse noted that this gives a community a choice. Only 13 states elect the State School Superintendents according to Representative Chris Erwin (R-Gainesville). Representative Erwin noted his interest in local control. Representative LaRiccia is concerned about adding back in politics. Some counties elect a chairman at large per Representative LaRiccia.
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HB 1084, a bill by Representative Will Wade (R-Dawsonville), LC 49 0827S was presented. The measure prevents divisive concepts from encroaching on educating students in Georgia’s K-12 classrooms. This measure includes espousing ideas that one race is superior to another, the United States is fundamentally racist, an individual is inherently racist, race determines one’s character, and meritocracy as well as any other form of racial stereotyping or scapegoating. Representative Wade’s goal is that identifying these will prevent students “from being used a pawn.” The measure requires the local board of education adopt a complaint resolution policy to address violations of this bill. Students and/or parents report the incident and file the incident with the principal. The principal or their designee will evaluate and either dismiss or take necessary remedial steps. The principal’s determination shall be reviewed by the local school superintendent or their designee. Students and parents are given the right to an appeal based on the determinations to the State Board of Education. Representative Wade reminded the Committee that this bill does not change the educational standards or subjects being taught. Chairman Dubnik asked the first question on how one’s freedom of expression will be impacted. The author read to the Committee line 60 that nothing in this measure will “inhibit or violate the rights protected by the Constitution of Georgia and the United States of America”. Representative Wilson (D-Atlanta), a former teacher, asked how teachers were expected to teach facts and not violate this bill. He referenced the Trail of Tears and specific aspects of American history and how it could a teacher not describe American as racist during those periods. Representative Wade noted that his mother, a teacher, discussed how “is” and “was” are two different words, and that words matter. He added that nothing in this bill prevents teachers from teaching on facts. Representative Wade specifically used the word “is” in line 30. Representative Wilson still raised his concern over other people’s interpretations.
House Education Committee – Academic Innovation Subcommittee
The Academic Innovation Subcommittee of the House Education Committee, chaired by Representative Todd Jones (R-South Forsyth) met on Wednesday to consider one proposition:
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HB 1084, authored by Representative Will Wade (R-Dawsonville), is the “Protect Students First Act”. It amends Title 20 to prevent the use of and reliance upon curricula or training programs which act upon, promote, or encourage certain concepts. Specifically, the bill prohibits public schools from acting upon, promoting, or encouraging several enumerated “divisive concepts.” The legislation also requires local school districts to create a complaint resolution policy for concerns relating to the prohibition.
Representative Wade presented the bill to the Subcommittee as a substitute (LC 49 0827S). He noted this is the 14th revision of the legislation based on input from stakeholders. Representative Wade explained that the bill is aimed to encourage school employees and students to practice tolerance and mutual respect and to refrain from judging others based on race. He said, “teachers are not the target” and that he recognizes that high school students will talk about current events. He also explained that bill does not change the existing Georgia Standards of Excellence. Representative Wade reviewed the divisive concepts in the bill, which are located at lines 27-42 of the substitute.
Representative Doreen Carter (D-Lithonia) asked about the impetus for this legislation, and Representative Wade described the bill as “proactive” but also stated that he had been shown examples of the divisive concepts in his bill being discussed in schools. In response to a further question, Representative Wade reviewed several excerpts from the Georgia Standards of Excellence that relate to teaching all aspects of history, including the Holocaust and the Civil Rights Movement. Representative Bonnie Rich (R-Sugar Hill) read from social media posts authored by the chair of the Gwinnett County School Board that caused her concern. Representative Chris Erwin (R-Homer) asked how the author worked with the Department of Education to develop this bill, to which Representative Wade noted numerous conversations with the Department and Legislative Counsel during the drafting process. Representative Carter asked how the bill will affect waivers and funding, to which Representative Wade stated that “as a last resort”, local decisions on complaints can be reviewed by the State Board of Education and, if wrongdoing is found and the local district refuses to rectify, the State Board may suspend associated waivers. He further stated his bill “does not go after QBE funding.”
The following persons and organizations spoke in support of the legislation: Cole Muzio of the Frontline Policy Council; Mike Griffin of the Georgia Baptist Mission Board; and Representative Brad Thomas (R-Holly Springs).
The following person and organizations expressed concerns with the legislation: James Wilson, a college student and former public school student; Alex Ames, a former public school student; Koko Papy of the Deep Center; Stephanie Ali of New Georgia Project; Isabel Otero of SPLC Action Fund; Marla Quertin, a parent; Andrea Young of the ACLU of Georgia; Jordan Madden, a student at Georgia State University; Joshua Anthony, a student at Georgia State University; Margaret Ciccarelli of the Professional Association of Georgia Educators; Michael Bernstein, a rabbi from Marietta; Mikayla Arciaga of the Intercultural Development Research Association; Justin Pauly of the Georgia School Board Association; Representative Donna McLeod (D-Lawrenceville); Cecily Harsch-Kinnane of Public Education Matters Georgia; and Katie Howard of the Atlanta Board of Education.
In closing, Representative Wade noted that his legislation does not restrict educators, but it rather empowers parents to engage in their children’s education. He expressed openness to feedback but reiterated that many of the concerns expressed by the public are not included by the bill. The Subcommittee recommended the bill DO PASS by Substitute with two no votes and be sent to the full Education Committee.
House Education Committee – Academic Support Subcommittee
The Academic Innovation Subcommittee of the House Education Committee met on Thursday and took up one proposition:
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HB 1217, a bill by Representative Chris Erwin (R-Gainesville), which seeks to update Georgia’s current law on promoting safe and appropriate use of technology and responsible digital citizenship in Chapter 2 of Title 20. The legislation will be known as the “Student Technology Protection Act” and is an update to the law originally placed on the books in 2006 (HB 1055). Representative Erwin indicated that there is a need for the legislation as the law originally contemplated internet use and did not address use of such technology as iPhones and Chromebooks. Much has evolved in technology since 2006 and over the last two years students have had to learn using virtual means and state-owned equipment. Representative Erwin reminded the subcommittee that the federal law addressing technology protections is the E-Rate law which was passed in 2000. The legislation provides for the Department of Education to give expertise on filtering and grade appropriate material and provide information to the systems to make protections. There is transparency and permission as well as monitoring of on-line activity as well as what occurs if something is found during the monitoring which is harmful. Filters will not be one-size fits all and it will be adapted by grade. Chairman Will Wade (R-Dawsonville) inquired who had worked on the legislation or had been consulted about the proposal; Representative Erwin stated that GAEL, GSSA, GSBA, GAE, the Department of Education, the Public Service Commission, and the Governor’s office. Further, he stated that these groups were friendly to this bill. Representative Matthew Wilson (D-Brookhaven) asked some questions about whether the language in the proposal would capture the use of a student’s personal device under the “acceptable use policy” and somehow place a student in violation of the appropriate digital citizenship. Representative Erwin indicated that would only occur if the student was somehow accessing content through a school’s server. There were also questions about the possible withholding of funding should a system not put appropriate policies in place and there were also questions relating to “carve-outs” for materials (what material is contained a whitelist by grade which would be reviewed by the Department of Education). There was a bit of public comment: Mike Griffin, with the Georgia Baptist Mission Board, testified in support of the bill, noting it was good to have transparency and accountability; Taylor Hawkins, with Front Line Policy Action, testified in support; and Mikalya Arciaga, with The Intercultural Development Research Association, spoke about her entity’s concern with the definition of “obscenity” and how it might not necessarily protect the rights of marginalized students. The legislation received a DO PASS recommendation and now moves to the full Education Committee for consideration.
Senate Health and Human Services Committee
Chairman Ben Watson (R-Savannah) and the Health and Human Services Committee met twice on Wednesday to take up these pieces of legislation:
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SB 456, a bill by Senator Bruce Thompson (R-White), seeks to add a new Chapter 9C in Title 31, the “Women’s Health and Safety Act.” It seeks to prohibit the use of mail order abortion-inducing drugs to terminate a pregnancy. There were a number of groups which spoke to the legislation. Among the speakers in favor of the bill included the Georgia Life Alliance, Georgia Baptist Mission Board; and Georgia Faith and Freedom Coalition. There were others who testified in opposition of the legislation, including the ACLU; a past president of the Georgia OB/GYN Society, a fetal medicine doctor, Ann Patterson, a representative from the Georgia Reproductive Justice, and Planned Parenthood Southeast. There were questions raised about the medications identified and whether other qualified providers could prescribe medications. Senator Kay Kirkpatrick (R-Marietta) indicated that the FDA still considers the medication among high-risk medications. There were also questions concerning what would be done for individuals who violate the provisions (there are civil penalties and reports may be made to the Composite Board of Medical Examiners). After some minor amendments were made, SB 456 passed with a 7-5 vote. A minority report is expected to be filed on the measure.
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SB 403, a bill by Senator Bill Watson (R-Savannah), presented his legislation which is a Title 37 bill pushed by Lt. Governor Geoff Duncan. Senator Watson explained that the legislation, LC 33 9007S, is known as the “Co-Responder Bill.” Regina Quick, counsel to Lt. Governor, and others have provided input into the legislation. Watson, as a primary care doctor, also does some form of psychiatry to help patients with mental health problems. It is the role of the government to serve as the safety net for individuals who are in crisis; it will not end all concerns around mental health but a piece of the puzzle. When mental health professionals co-respond with law enforcement help with interventions in crisis situations. Many times, law enforcement, CSBs, and local mental health professionals know the individuals in the community who have mental health issues. There are already communities which have developed these co-responder units – this legislation will direct CSBs to come up with a framework for this effort to work with law enforcement as a community-based partnership. Judge David Sweat, Athens-Clarke Judicial Circuit senior judge, spoke to the suffering that he has seen, and the co-responder will allow a more coherent model for these partnerships. CSBs are the front-line workers for working with individuals with mental health needs and they are required to develop a co-responder program. It allows the law enforcement agencies to move towards this model at their own speed. There will be uniform training for law enforcement – CIT is in place but only in some jurisdictions. It also requires training for communications’ officers, the 9-1-1 staff. 40 percent of 9-1-1 calls are from family members about another family member in crisis. This will help with the dispatch of co-responder teams to handle the situations. Senator John Albers (R-Roswell) thanked the Lt. Governor and Senator Watson’s measure, articulating that it is a game changer particularly for the dispatchers/communications officers. It also creates a follow-up visit when a co-responder responds (two days from the event to get them into voluntary treatment to prevent another occurrence). It also creates a mechanism to address mental health disorders to create jail in-reach to CSBs to get folks treated in the community rather than in jails or in emergency departments. It is about funding as it will not be free. CSBs can make determination on what is needed and can make a funding request by submitting a request to the Department of Behavioral Health and Developmental Disabilities. Dr. Mark Johnson, board certified psychiatrist and CEO of Gateway of CSB, supported the legislation. Savannah began this co-responder effort about five years ago. He shared the “sequential intercept model” which helped Savannah and Chatham County in their co-responder approach. The right intervention by the right team to the right place is needed as is continuity of care. Savannah-Chatham used grant dollars to develop their program. A clinician rides with two designated officers (both are trained with CIT and “enhanced CIT”). Savannah-Chatham also trains other personnel including EMS, firefighters, and others. Senator Nan Orrock (D-Atlanta) thanked them for the helpful example presented – she asked about the involvement of the CSB and the grant funding. Savannah got funds from a federal opioid grant as a subgrantee ($756,000). Savannah does track the folks they have been in contact with. Tammy Conlin spoke to the proposal Advantage Behavioral Health System and the Athens model, which also used a grant (it started its program as early as 2015). Athens looked at Johnson County, Kansas program in developing its co-responder program. Athens has collected outcome data and looked at follow-up. Cindy Levi shared her support of the legislation as CEO of Avita Community Partners (CSB in northeast Georgia). Forsyth County Sheriff Freeman also testified in support and how that county got funding through the CJCC. Dan Snipes, an attorney, did not rise in opposition to the bill but noted that there are provisions relating to immunity at line 54 for transport persons. It goes beyond – with acts that could harm the general public – broader than law enforcement immunity given to law enforcement responding to an emergency. He noted the need but said provisions were too broad. He asked for changes to address those concerns. Jeff Breedlove, Georgia Council on Substance Abuse, spoke in favor of the bill on behalf of the peer community. Senator Gloria Butler (D-Stone Mountain) suggested that the DeKalb CSB is likely doing this but asked for more work with Mr. Snipes. Senator Butler also asked about line 241 on “continued on appropriation” and what that amount would be. The presenters noted that it was around $60-70,000 for the officers and around $250,000 for the behavioral health side; it would also depend on the number of teams needed for a community. Senator Orrock suggested that it would be good for the committee to get clarity on the transport issue and immunity. CSBs are also agencies of the state so have immunity. Senator Bill Cowsert (R-Athens) – isn’t the point to get people to offer services? Yes, that is the case. Senator Greg Dolezal (R-Cumming) moved DO PASS and a second was offered by Senator Kay Kirkpatrick (R-Marieta). The legislation received a DO PASS recommendation, moving the proposal forward to the Senate Rules Committee.
Senate Education & Youth Committee
The Senate Education & Youth Committee, chaired by Senator Chuck Payne (R-Dalton), met on Wednesday to consider the following measures:
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SB 435, authored by Senator Marty Harbin (R-Tyrone), is the “Save Girls Sports Act”. The bill amends Title 20 to provide that it shall be unlawful for Georgia public schools or participating private schools whose students or teams compete against a Georgia public school to operate, sponsor, or facilitate athletic programs or activities that permit a person of one gender to participate in an athletic program or activity that is designated for persons of the opposite gender.
Senator Harbin presented the bill to the Committee, which was heard and passed by the Committee last year. Senators Lester Jackson (D-Savannah) and Elena Parent (D-Atlanta) expressed concerns with the legislation, and Senator Matt Brass (R-Newnan) inquired as to whether female athletes would be allowed to compete in male sports under the bill. In response to a question from Senator Sonya Halpern (D-Atlanta), Senator Harbin noted that nothing in his bill bars a school from offering co-ed sports.
The following persons and organizations spoke in support of the legislation: Cole Muzio of the Frontline Policy Council and Mike Griffin of the Georgia Baptist Mission Board;
The following persons and organizations expressed concerns with the legislation: Jeff Graham of Georgia Equality; a parent of transgender student athlete; Terrence Wilson of the Intercultural Research Development Association; Bentley Hudgins, a nonbinary candidate for House District 90; Chris Lugo of the OUTGeorgia Business Alliance; Alex Ames, a former high school athlete; a student from the University of Georgia; James Wilson, a Georgia State University student; the ACLU of Georgia; Koko Papy of the Deep Center; and Camden Hughes, a female professional rugby player who plays with transgender teammates.
Robin Hines of the Georgia High School Association explained that GHSA accepts the gender determination of local schools and offered to provide any information that the Committee needed.
Senator Lindsey Tippins (R-Marietta) moved DO PASS, and the motion was seconded by Senator Steve Gooch (R-Dahlonega). Senator Lester Jackson (D-Savannah) moved to table, and the motion was defeated. Senator Matt Brass (R-Newnan) moved to amend the legislation by striking lines 39-43, which would allow female athletes to participate in male-designated sports. Senator Brass withdrew the amendment after discussing that the amendment might violate Title IX. The Committee then recommended the bill DO PASS by a 6-4 vote and be sent to the Rules Committee.
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SB 449, authored by Senator Clint Dixon (R-Gwinnett), is Governor Kemp’s “Parents Bill of Rights”. The bill amends Title 20 to provide for the protection of the fundamental right of parents to direct the upbringing and education of their minor children from undue infringement by a state or local government entity, local board of education, or any officer, employee, or agent thereof.
Senator Dixon presented the bill to the Committee, explaining that it is a transparency bill that “reaffirms the rights of parents” to direct the raising of their children. According to Senator Dixon, it codifies the rights of parents while protecting local control. Senator Elena Parent (D-Atlanta) asked how teachers and school districts were consulted in the drafting of the legislation, expressing concern about how it could affect “student directed learning”. Miranda Bradford of the Governor’s Office explained that such supplementary materials are excluded from the bill. Senator Parent also asked about the three-day response period for school districts, to which Mrs. Bradford explained that the period can be extended up to 30 days by the district.
The following persons and organizations spoke in support of the legislation: Cole Muzio of Frontline Policy Council and Mike Griffin of the Georgia Baptist Mission Board.
The following persons and organizations expressed concerns with the legislation: Angela Palm of the Georgia School Board Association (concerns about coverage of charter schools, opt-in for photo and audio recording and its effect on security surveillance and yearbooks, opt-out of only part of sex education); Stephanie Ali of the New Georgia Project Action Fund; and Cecily Harsch-Kinnane of Public Education Matters Georgia.
In closing, Senator Dixon expressed openness to addressing the issues identified by the Georgia School Board Association but asked that the Committee advance the bill today. Senator Lester Jackson (D-Savannah) moved to amend the bill by deleting subsection (F) from line 61-62 (“The right to consent in writing before a photograph or video or voice recording of his or her minor child is made”). Senator Elena Parent (D-Atlanta) suggested that consideration of the bill be suspended so that the author could work with stakeholders and Legislative Counsel to implement suggested changes. Chairman Payne deferred action of the bill and indicated it would be considered at a later date.
House Insurance Committee
Chairman Eddie Lumsden (R-Armuchee) called the meeting to order. The Committee passed House Bills 969, 1021, 1059, 1195, 1222, and Senate Bill 330.
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HB 969, by Representative Tyler Paul Smith (R-Bremen), updates the code to stay in keeping with the National Association of Insurance Commissioners updates. Primarily, the measure provides more information on insurance groups and holding companies for more transparency between insurance company and the Department of Insurance. If the measure does not pass, Georgia could be in jeopardy of losing accreditation.
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HB 1021, by Chairman Eddie Lumsden, amends code section 33-28-3, which changes the 1% floor to 0.15% for the differed annuity contracts. The interest rates are based on the United States Department of Treasury and with market volatility, without the change, differed annuities will not be able to be offered.
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HB 1059, authored Matthew Gambill (R-Cartersville), allows insurers to provide loss mitigation products and to make charitable contributions on behalf of customers. Contributions are limited to $100 per year and mitigation products can only be related to coverage. This follows the National Association of Insurance Commissioner model law and is approved by the State Insurance Department.
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HB 1195, also by Chairman Eddie Lumsden, updates the code section dealing with interlocal risk management agencies, Association of County Commissioners of Georgia and Georgia Municipal Association. Currently these agencies provide insurance coverage and file with the department of insurance. The state requires filings to be under general accepted accounting principles but ACCG uses statutory accounting principles, which is a higher standard of principles according to Legislative Counsel.
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HB 1222, by Representative Noel Williams (R-Cordele), had considerable debate. The goal is to bring parity to Transportation Network Companies. Currently a TNC, like Lyft and Uber, have to have $1 million for uninsured motorists’ coverage. This changes it to be in line with taxis and limos to make it the 25/50/25 rule. Debate centered around the full amount that would be provided to victims if an accident occurs.
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SB 330, by Senator John Albers and carried by Representative Micah Gravely in the House, is also known as “Giving the Gift of Life Act”. Senator Albers gave a kidney to his son which make this measure deeply personal. The bill is also known in the halls as the living donor tax exemption bill which increases tax exemption from $10,000 to $25,000 for donors and prevents life insurance from being canceled or denied because of donation. It allows businesses to apply for a tax credit, so employees do not have to use their vacation and sick leave.
House Insurance Committee – Life and Health Subcommittee
Chairman Darlene Taylor (R-Thomasville) and her Life and Health Subcommittee took up two measures on Wednesday morning. These were “hearing only” with no action taken on either bill.
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SB 330, a bill by Senator John Albers (R-Roswell), seeks to create the “Giving the Gift of Life Act.” It is a prohibition to modify or cancel a life insurance policy when a living donor donates a kidney or liver in O.C.G.A. 33-6-5. This change creates another unfair and deceptive act in the Insurance Code. Senator Albers noted that the fiscal note on the legislation is $1.7 million; however, he stated that it costs $250,000 per person per year to address’s healthcare needs with renal failure. His calculation indicated that it was a savings of $62 million per year. Further, Senator Albers indicated that about 80 percent of these costs are paid by Medicaid/Medicare. A single kidney donation can be a savings of $1 million annually. There was testimony in favor of the legislation including a woman who donated a kidney to an unrelated, unknown 14-year-old. Dr. Christina Klein, a Piedmont physician, also testified in support as did the National Kidney Foundation. There was also testimony that living donors move ahead of others on the transplant list if they need an organ in the future. More than 250 individuals died in Georgia last year waiting on a transplant. Bobby Potter, counsel to the American Council of Life Insurers, noted his organization worked with the National Kidney Foundation and supports the legislation. Representative Bruce Williamson (R-Monroe) asked about cancellations of policies as he was unaware that an insurer could cancel after two years; Mr. Potter indicated he was unaware of cancellations. Representative Williamson stated that this would be codifying a prohibition that actually never happens.
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HB 1003, a bill by Representative Erick Allen (D-Smyrna), seeks changes in Titles 20 and 45 to protect healthcare consumers – teachers and state employees who are covered by the State Health Benefit Plan overseen by the Department of Community Health. The language included for insertion is:
The board is prohibited from entering into or renewing any contract with an otherwise qualified entity to provide, administer, maintain, service, or reinsure, in whole or in part, a health insurance plan provided for under this Code section if the insurer has either terminated early without cause or forced a renegotiation of an unexpired contract with a Georgia-based hospital or healthcare system within the prior 24 months, unless the qualified entity is the only available qualified entity
Tim Kibler, with the Georgia Alliance of Community Hospitals, spoke in support of the effort indicating that it was intended to reduce numbers of patients/consumers who were caught in a disagreement between facilities and insurers. Kibler noted that such disagreements are not new and generally when contracts are on the cusp of expiring, they generally find middle ground to work out the dispute. Kibler also stated that consumers should have access to care and sometimes when facilities become “out-of-network” that requires those consumers to seek care outside of their local community, increasing their transportation burden. He urged that the legislation move forward. Tripp Coffield with the Georgia Hospital Association testified in support of HB 1003. Brandon Reese and Barbara Corey from WellStar also spoke in favor of the legislation as it puts patients first. Bethany Sherrer, with the Medical Association of Georgia, also rose in support of the legislation, noting it would help bring the parties to the table. Jesse Wethington, with the Georgia Association of Health Plans, spoke in opposition to the proposal – there is no reciprocal provision in the legislation for hospitals. Further, he mentioned that hospital consolidations have also had an impact on bargaining power. In closing, Representative Allen stated that the legislation does not prohibit negotiations.
House State Properties Committee
Chairman Gerald Greene (R-Cuthbert) and the House State Properties Committee met on these proposals with quorum difficulties:
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Red Hill Cemetery Overview Committee – Chairman Greene announced members to this Committee which include Representative Dunahoo (chairman) and members are Buckner, Gilliard, and Werkheiser. A contract has been drawn up addressing the cemetery issues. Mr. Atkins needed access to the site and a revocable license was drafted. This license will address the needs so that they can seek the numbers of graves; there will be phase 2, which will be done later to develop trails, etc. The Committee will go to Milledgeville to look at the area along with the Department of Corrections after the legislative session.
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HR 595, a resolution by Representative Becky Evans (D-Atlanta), was presented in a new substitute form. The purpose is to urge the Georgia Building Authority to develop a robust sustainable building program for buildings on capitol hill. Presently, there are some recycling efforts, but the Capitol does not do composting. They plan to create a plan to reduce waste. The Committee provided a DO PASS recommendation on LC 50 0041S, and this legislation now moves to the House Rules Committee.
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HB 1010, a bill by Representative Houston Gaines (R-Athens), which creates a new authority for the Classic Center in Athens. There is a local authority, but this proposes a state authority. Savannah did something similar with its convention center. The Commissioner and Mayor supports as do others in the community. The Classic Center is looking at a large economic development project which is the impetus for the bill. Paul Cramer, president of Classic Center Authority, spoke to the Committee. It has existed for 27 years and a new project would seat 7,500 folks in an arena. There have been professional studies with 300 events annually – $34 million economic impact. They will partner with local educational institutions as a “lab” for hospital and event management. Representative Dunahoo asked about the concerts/events expected – it would be completed 2023. A motion was made to suspend the rules, which was passed. The Committee then provided a DO PASS recommendation on HB 1010, LC 50 0306, and this legislation now moves forward to the House Rules Committee.
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HR 683, a resolution by Representative Gerald Greene (R-Cuthbert), was explained by Frank Smith. This resolution is the annual legislation addressing easements. There are 12 easements; all agencies have provided support. No objection has been raised by members of the General Assembly. If transferred for $10, there is “state benefit.” Otherwise, the easements are “fair market value.”
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Bartow County – Toyo Tires – FMV
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Sweetwater – $10
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Fulton County for new public safety $10
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Fulton County for storm water $10
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Gilmer County for Ellijay Farmers Market $950k
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Gwinnett Tech -$10
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Gwinnett Tech for $10 electrical
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Haralson County for motor switch $10
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Paulding County underground power FMV
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Sumter County electric lines $10
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Sumter County for high school sewer FMV
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Thomas utility easement for RYDC $10
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Mr. Smith indicated he had received no real complaints on the easements in question. Representative Tyler Paul Smith (R-Bremen) previously asked questions on one item. Representative Buckner asked that the committee rules be waived and that the resolution be voted upon. They voted to waive the rules. Representative Buckner moved DO PASS HR 683; the resolution passed unanimously.
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HR 664, a bill by Representative Gerald Greene (R-Cuthbert), came before the committee as a new substitute LC 54 0054S. This bill is the annual property conveyances legislation which includes:
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Chatham – 50-year term for lease prepares adults for community integration – property under the control of the Department of Behavioral Health and Developmental Disabilities which is proposed to be used by Coastal Center for Developmental Services
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DeKalb – property under the control of the State Road and Tollway Authority which is portioning off one acre (used as parking at Panola Rd.) – competitive bid
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Fulton – property is under control of the Department of Public Safety and which has a lease with Justice Federal Credit Union. The intention is to extend the lease and permit the group to have space in new headquarters.
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Glynn – the property is under the control of the Department of Natural Resources. The goal is to release the reversionary interest so that Morningstar may purchase a portion. This reversionary interest has been in place since 1978. Morningstar has asked that the reversionary interest and use restriction be removed as there are other needs for the property.
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Hall – the property is under the control of the Department of Agriculture and is located along Jesse Jewell Parkway. It is to be sold by competitive bid
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Sumter – the property is under the control of the Department of Juvenile Justice and is a former YDC. The goal is to convey the property to the county commissioners for $10 so that the property may be used for fire and rescue and a sheriff’s office.
Representative Pirkle asked about conveyances which are competitive bids. What if there are no competitive bids for fair market value. It authorizes the State Properties Commission to sell the property by competitive bid for fair market value. Authorize for all three opportunities.
Chairman Greene asked about the Glynn County portion for clarification. Morningstar will continue to stay there. The additional acreage will be for water and sewer and an additional use. Representative Dunahoo asked that the rules of the committee be suspended. The rules were suspended. HR 664 received a DO PASS recommendation, and the legislation moves to the House Rules Committee.
House Ways and Means Committee
Chairman Shaw Blackman (R-Bonaire) called the meeting to order to take up two measures.
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HB 1223, by Representative Chuck Martin (R-Alpharetta), amends section 48-8-3 of the Georgia Code to change the repeal date for the sales tax exemption on the sales and leases of computer equipment into a facility in this state to any high-technology company classified from June 30 to December 31, 2023. The Committee members did not have any questions or concerns on this bill and therefore received a DO PASS recommendation.
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SB 87, also known as the “Senator Jack Hill Veterans’ Act”, by Senator Doc Rhett (D-Marrietta), amends Article 3 of Chapter 7 of Title 48. Taxpayers can take a portion of their refund and direct the funds toward a disabled veteran benefit organization. This measure is in honor of former Senator Jack Hill who was a close friend and mentor of the author. Concerns were raised over the potential cost to the Department of Revenue. Chairman Blackmon noted that this measure is in line with the eight other acts and should not cause any undue burden. The bill also received a DO PASS recommendation.
Senate Science and Technology Committee
Chairman Greg Dozelal (R-Cumming) called the meeting to order to discuss SB 374 (LC 43 2211).
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SB 374, by Senator Blake Tillery (R-Vidalia), is a state workaround for data repositories to continue to comply with federal law but also shared within agencies. It adds the Georgia Data Analytics Center to every state department and agency. This measure was modeled after an Ohio law. The author used the example of hoteling a child within DFCs and DCH is covering the healthcare needs of a child. According to current law, DCH cannot tell DFCs what the child’s medical history is. Georgia Council on Substance Abuse, National Alliance on Mental Illness, Mental Health America of Georgia all spoke in favor of the bill. The measure received a DO PASS recommendation.
House Judiciary Committee
Chairman Chuck Efstration (R-Dacula) called the meeting to order to discuss several measures all received a DO PASS recommendation.
“Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”
Many spoke in favor and against the bill. Those in opposition, including the ACLU of Georgia, voiced concerns over the opposition of this definition and freedom of speech. No amendments were made, and the measure is headed to the Rules Committee.
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HB 1271 (LC 48 0542S), by Representative James Burchett (R-Waycross), amends Title 44 of the Official Code of Georgia. Representative Burchett informed the Committee that this was brought to his attention by a constituent. Homeowner’s Association and Condominium Associations can prohibit members from flying the American Flag on their property. This measure would prohibit organizations from banning the American Flag unless it is a safety risk. Representative Burchett voiced concerns about the size imposition in the original bill and asked for advice. Members agreed the bill was appropriate as is, and the substitute passed with no amendment.
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 convene for Legislative Day 15 on Friday, February 11, at 10AM.
The House is expected to consider the following propositions on Legislative Day 15:
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HB 910 – Supplemental appropriations; State Fiscal Year July 1, 2021 – June 30, 2022
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HB 1011 – Motor vehicles; amber strobe lights; permitting requirements; exempt low speed vehicles
The Senate is expected to consider the following propositions on Legislative Day 15:
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SB 281 – Sheriffs’ Retirement Fund of Georgia; increase in dues; provide
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SB 343 – Retirement; prohibition of granting postretirement benefit adjustments to any individual who became a member on or after July 1, 2009; remove
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SB 352 – Professions; issuance of expedited licenses by endorsement for certain licenses to spouses of firefighters, healthcare providers, and law enforcement officers who relocate to the State of Georgia; provide
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SB 396 – Georgia State Nutrition Assistance Program (SNAP); rename such program the Georgia Grown Farm to Food Bank Program (F2FB)
Copyright ©2022 Nelson Mullins Riley & Scarborough LLPNational Law Review, Volume XII, Number 42