Gold Dome Report Legislative Day 23 - February 2024 | Nelson Mullins Riley & Scarborough LLP

August 2024 · 36 minute read

Take a deep breath — this week is going to be a doozy. With Crossover Day looming just nine days away, committees shifted into high gear on Tuesday as legislators scrape and claw to get their bills and resolutions on track for a floor vote. The result was a pileup of committee meetings forecasted to continue until at least Thursday, the last day legislation can pass out of Senate committees and make it to the floor for pre-Crossover consideration. So, hang on and we’ll try to keep you up to speed with the #GoldDomeReport.

Amongst Tuesday’s major activity was the unveiling of the Senate Appropriations Committee’s version of HB 915, the State’s Amended FY24 spending plan. The budget is a $37.5 billion document and funds many large projects and infrastructure items, which are detailed in this report. Another major bit of news is the announcement that Representative Penny Houston (R-Nashville) will not be seeking reelection. In her retirement remarks, she mentioned how the House anteroom used to be a smoking room and where a lot of the work got done. Houston has served under seven speakers during her tenure in the House, and her passion and fire will certainly be missed.

In this Report:

Floor Notes

The House took up the following measures on Legislative Day 23:

The Senate took up the following measures on Legislative Day 23:

Committee Reports

Senate Appropriations Committee

Chairman Blake Tillery (R-Vidalia) and the Appropriations Committee met Tuesday morning and discussed the following:

Judicial Council

Council of Juvenile Court Judges

Department of Administrative Services

Department of Agriculture

Department of Behavioral Health and Developmental Disabilities

Department of Community Affairs

Department of Community Health

Department of Corrections

Department of Early Care and Learning

Department of Economic Development

Department of Education

Employees Retirement System

Department of Human Services

Department of Insurance

Department of Juvenile Justice

Department of Labor

Department of Natural Resources

Department of Public Health

Department of Public Safety

Public Service Commission

Board of Regents

Secretary of State

Technical College System of Georgia

Department of Transportation

Chairman Tillery indicated the budget reflects that they have held the cash close despite record high inflation — they have utilized cash to purchase items that typically the state must borrow to fund. Overall, this will be a savings of millions and a smart and prudent move per Tillery. Tillery closed some of his remarks by noting the number of state employees who make less than $40,000 annually.

HB 915 received a DO PASS recommendation.

House Regulated Industries

Chairman Alan Powell (R-Hartwell) and the House Regulated Industries Committee took up the following bills on Monday afternoon:

House Public Health Committee

The House Public Health Committee was called to order by Chairwoman Sharon Cooper (R-Marietta) on Tuesday afternoon to discuss the following measures:

Representative Michelle Au (D-Johns Creek) asked about the parental rights of those dropping off the infant and if they changed their mind. Cooper explained that the department goes to court for guardian rights, and the child goes into foster care. Crowe explained this bill does not affect parental rights. Representative Shelly Hutchinson (D-Snellville) also explained the chain of custody. Cooper asked how many other states use these. 20 states approve these devices, but only 15 have actively used them. It requires local participation. Representative Jodi Lott (R-Evans) asked about fire stations. What if there was a fire, but a child was dropped off? Most children are dropped off at fire stations because of the lack of foot traffic. There are three alarms — one being the front door is opened, the second that the baby has been placed inside, and the third that the door has been locked. These devices are tested every week. The cost associated with each box is raised through donations from the area. The lease is $15,000 with a $500 service and upgrade fee. Representative Clay Pirkle (R-Auburn) asked about anonymity. Representative Scott Hilton (R-Peachtree Corners) asked about teenagers playing a prank. Representative Devan Seabaugh (R-Marietta) asked about anonymity and identifying the child for foster care. There is no way unless the parent leaves the information.

Pam Strenzel from Safe Haven (a potential vendor), a representative from Citizen Impact, and Rashon Mitchell-Jefferson, a Pediatric Nurse at Children’s Healthcare of Atlanta, expressed support for the measure.

Since this was the first hearing on the measure, no action was taken.

Nicole Whitworth explained how one of her first service dogs was attacked. The law, the way it is currently written, does not provide recourse for her to receive another service dog at the time nor criminal charges. Brandy Paul, Dream Run Dog Training, explained more about the changes in the definition and harassment of service animals. Former police officer Jenny Hill with Wounded Blue highlighted their organization. All expressed support for the changes.

Representative Clay Pirkle (R-Auburn) asked about provisions relating to service dogs becoming aggressive. This was the first hearing on the measure so no action was taken.

Senate Children & Families Committee

Chairman Kay Kirkpatrick (R-Marietta) and the Children & Families Committee met on Tuesday to discuss the following measures:

House Ways and Means Committee

Chairman Shaw Blackmon convened the House Ways and Means Committee on Tuesday morning to discuss the following measures:

House Education Committee - Policy Subcommittee

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

Leverett presented the bill to the subcommittee as a substitute that requires notice upon hiring and at least every five years (rather than all employees annually). Lisa Morgan of the Georgia Association of Educators spoke in support of the measure but asked that the subcommittee consider amending it to also provide for similar notice at separation. The amendment was adopted, and the subcommittee recommended the bill DO PASS by substitute as amended and be sent to the full Education Committee.

Hilton presented the bill to the subcommittee, describing its contents as “clean-ups” for charter schools. Dr. Bonnie Holliday, Chief Strategy Officer for the Georgia Charter School Association, appeared in support of the bill. An amendment was proposed to clarify that part-time employees must work at least 20 hours per week to qualify for the child attendance privileges in the bill. The amendment was adopted, and the subcommittee recommended the bill DO PASS as amended and be sent to the full Education Committee.

Smith presented the bill to the subcommittee, explaining that it creates “additional public options” for students and keeps districts from “holding students hostage” when they want to move. He explained that he was one of these out-of-district students, living in unincorporated Haralson County and attending (and paying tuition to) Bremen City Schools. Hilton clarified that the real policy change in the legislation is removing the requirement that the residence district provide permission for a student to transfer. There were several questions about under what circumstances a receiving district would be able to refuse admission of a transferring student.

Josh Stephens, with the Professional Association of Georgia Educators, spoke on the bill, calling for transparency on who is participating in transfer programs, finances, and student performance. Stephanie Tanner of the Georgia School Board Association also spoke, expressing concern about the legality of school boards paying other school boards for a student’s tuition. She called on the subcommittee to strike lines 41-45 to remove this penalty to resident school districts. Terrence Wilson of the IDRA also expressed concern about the requirement that lower-performing resident school districts contribute toward transferring student tuition. Mason Goodwin of the Georgia Youth Justice Coalition noted that the bill circumvents local control and expressed concern about the financial contribution requirement. Michael O’Sullivan of GeorgiaCAN spoke in support of the bill.

The subcommittee took no action on the bill on Tuesday. Chairman Hilton encouraged members to talk with the author about proposed changes, noting that he expects the bill to be back in the subcommittee soon.

House Education Committee - Curriculum Subcommittee

The Curriculum Subcommittee of the House Education Committee, chaired by Representative Bethany Ballard (R-Warner Robins), met on Tuesday to consider the following measures:

Carpenter presented the bill to the subcommittee, which recommended the bill DO PASS and be sent to the full Education Committee.

Ballard presented the bill to the subcommittee as a substitute that pushed the implementation to the 2027-2028 school year. Anthony Owen of Code.org, Tim Cairl of the Metro Atlanta Chamber, and the Technology Association of Georgia spoke in favor of the legislation. Jody Reeves of the Georgia Association for Career & Technical Education also spoke in support of the Substitute presented on Tuesday.

Representative Matt Dubnik (R-Gainesville) offered an amendment to the bill to clarify that the graduation requirement only applies to students seeking a regular or accelerated career diploma. The subcommittee adopted the amendment and recommended the bill DO PASS by Substitute as amended and be sent to the full Education Committee.

House Health Committee

Chairman Lee Hawkins and the Health Committee took up the following measures Tuesday afternoon:

Steve Tippins, with McGuireWoods Consulting, spoke to the measure on behalf of the Georgia Dental Hygienists Association, but there are three issues expanded duty dental assistants (only required to have one four-hour course); in current law, dental hygienists have been providing preventative services in safety net settings (long term care, family violence shelters, etc.) and 42 states allow without an initial exam by a dentist but the legislation rolls that back; and the association only received the legislation but remains committed to work on the legislation. Assistants have been eliminated from the bill per Chairman Hawkins.

The legislation received a DO PASS recommendation, moving it forward to the House Rules Committee.

Several individuals signed up to speak to the legislation. AS Turner Funeral Home spoke in favor of the legislation. There is a need to speed up death certificates. Delays impact social security, for instance. The death certificates are supposed to be signed in 72 hours, but sometimes they wait between 4-6 weeks. A surgeon, Carmen Cavalli spoke on behalf of MAG explaining the bill has good intentions but unintended consequences. There is a shortage of home healthcare workers. The overall review of the plan of care by the APRN or PA is a step back. Signing the correct cause of death is a concern to physicians for legal and insurance purposes. Representative Karen Mathiak (R-Griffin) asked if there is a time deadline for the death certificate to be signed. Dr. Cavalli did not know of a time deadline the direct and proximate causes of death are equally important. Shelia Humberstone with Stonebridge Consulting on behalf of Georgia Association of Physicians Assistants, and these individuals are trained to do this work and support the legislation. Nancy Petra, with the Georgia Alzheimer's Association, supported the legislation, particularly the caregivers working with loved ones in rural Georgia and will extend services. Tim Davis, with the Georgia Nurses Association, supported the bill as APRNs are engaged in protocol agreements with authorizing physicians and the authority still lies with the physician. Lacey Hughes, RN, spoke on behalf of a home health agency in rural Georgia and supported the initiative. No vote was taken. The legislation will be revisited before Crossover Day.

Next on the agenda was a presentation about children receiving medications in school infirmaries or clinics. Frontline spoke to the issue. Frontline’s Taylor Hawkins spoke to the rise of school-based health centers (nationally) as safety nets particularly to provide primary care services. Frontline is concerned that the centers are using blanket consent forms or not getting consent from parents (treatment, counseling, diagnostic tests, etc. provided). Thus, he was asking for guardrails on the school-based health centers. There have been no lawsuits in Georgia. Parents should be present for informed consent. Hawkins asked for examples of informed consent used in Georgia. Petrea noted the passage of the Parental Bill of Rights, which may capture some of this. Hawkins wants increased clarity around the centers with parents and medical providers. Matt Sharp, with Alliance Defending Freedom, also spoke to the issue and his association’s representation of parents where they were denied to direct their physical and mental care of their child.

Senate Education and Youth Committee

Chairman Clint Dixon (R-Gwinnett) called the Senate Education & Youth Committee to order Tuesday afternoon to discuss the following measures:

Buddy Costley, Georgia Association of Educational Leaders, expressed support for the measure and thanked the Senator for his changes. Mikayla Arciaga, Intercultural Development Research Association, expressed concerns over the measure. LC 49 1763S passed 5-4, with Dixon breaking the tie.

Brook Mills, Nan Brown and Erin Baker, on behalf of the Georgian Librarian Association, Nora Vebetes, Tracey Nance, a former Teacher of the Year, and Ria Wench and Ella North students at Georgia State University expressed concern over the measure.

Mike Griffin from the Georgia Baptist Mission Board and Taylor Hawkins from Frontline Policy Council expressed support for the measure.

LC 49 1588 passed 5-4.

Due to time constraints, SB 154 was assigned to the subcommittee, which began immediately after the full committee adjournment to hear testimony on the measure.

New Legislation

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

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

What’s Next

The General Assembly will reconvene for Legislative Day 24 on Wednesday, Feb. 21, 2024, at 10 a.m.

The House is expected to take up the following measures on Legislative Day 24:

The Senate is expected to take up the following measures on Legislative Day 24:

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