Gold Dome Report — Legislative Day 39 | Nelson Mullins Riley & Scarborough LLP | #specialneeds | #kids


As expected (and feared), March madness has engulfed the State Capitol as legislators press to pass measures on the penultimate day of the 2021 Legislative Session. From late-arriving Rules Committee substitutes and amendments, to measures being sent to the floor only to be recommitted for further perfection, to outright flops on final consideration, no lawmaker, lobbyist, or piece of legislation is safe amidst the storm. Votes continue on the House and Senate floors as today’s Report is published; keep track of continuing action on Twitter by following #GoldDomeReport.

The General Assembly is in adjournment tomorrow to give the legislative printing presses a chance to catch up before reconvening on Wednesday for Legislative Day 40.

In today’s Report:

  • Floor Action
  • New Legislation

Floor Action

HOUSE

The House took up the following measures after publication on Thursday:

  • SB 47 – Georgia Special Needs Scholarship Act; revise prior school year requirement — PASSED 91-71

The House has taken up the following measures today as of our deadline:

  • SB 42 — Education; school climate rating does not include discipline data; provide PASSED 149-13
  • SB 49 — Buildings and Housing; procedures for alternative plan review, permitting, and inspection by private professional providers; provide PASSED 148-15
  • SB 59 — Education; additional QBE funding for each full-time equivalent student within a local charter school; provide PASSED 138-31
  • SB 85 — “Max Gruver Act”; enact PASSED 164-0
  • SB 92 — Controlled Substances; sale to and by minors of drug products containing dextromethorphan; prohibit PASSED 162-4
  • SB 95 — State Government; conditions for meetings and public hearings to be held by teleconference in emergency conditions; provide FAILED 76-89; MOTION TO RECONSIDER PASSED
  • SB 105 — State-Wide Probation System; conditions and procedures under which probation may be terminated early; revise PASSED 169-2
  • SB 107 — Postsecondary Education Grants; waiver of tuition and all fees, for qualifying foster and adopted students by units of the University System of Georgia and the Technical College System of Georgia; provide) PASSED 166-0
  • SB 117 — Department of Human Services; offenses of improper sexual contact by employee or agent in the first and second degrees; revise PASSED 170-0
  • SB 144 — Housing Authorities; ability of city housing authorities to operate outside municipal boundaries without authorization; limit PASSED 145-23
  • SB 156 — Labor and Industrial Relations; appointment, oath, bond, power, duties, and authority of a chief labor officer; provide FAILED 85-84; MOTION TO RECONSIDER PASSED
  • SB 198 — Department of Public Safety; subsistence and per diem allowances; receipt of badge and duty weapon upon retirement; provide PASSED 169-0
  • SB 213 – Contracts and Purchases by Public Schools; payment on guaranteed energy saving contracts; proceeds from local option sales taxes collected for educational purposes; provide — PASSED 164-2
  • SB 215 — Regulation of Hospitals; certified medication aides to administer certain medications to nursing home residents; authorize PASSED 154-9
  • SB 220 — “The Georgia Civics Renewal Act”; enact PASSED 159-7
  • SB 225 — License Plates; individuals who served in the armed forces for an ally of the United States during active military combat; provide a veteran’s license plate PASSED 173-0
  • SB 236 — Alcoholic Beverages; food service establishments to sell mixed drinks for off-premises consumption in approved containers under certain conditions; allow PASSED 120-48
  • SB 246 – “The Learning Pod Protection Act”; exemptions applicable to learning pods, student attendance, administrative and judicial proceedings; provide — PASSED 155-7
  • SB 260 — Soil Amendments; exclude from regulation FAILED 87-75; MOTION TO RECONSIDER PASSED; PASSED 92-69
  • SR 39 — Charlotte Nash Intersection; Gwinnett County; dedicate ADOPTED 147-0
  • SR 84 — Airport Infrastructure and Improvements; create Joint Study Committee ADOPTED 156-8
  • SR 102 — Georgia Commission on E-Commerce and Freight Infrastructure Funding; create PASSED 168-0

The House took the following further actions on legislation today as of our deadline:

  • HB 146 — Public officers and employees; paid parental leave for eligible state employees and eligible local board of education employees; provide AGREED TO SENATE SUBSTITUTE (FINAL PASSAGE)
  • SB 6 — “Tax Credit Return on Investment Act of 2021”; enact INSISTED ON HOUSE POSITION & APPOINTED CONFERENCE COMMITTEE

SENATE

The Senate took up the following measures after publication on Thursday:

  • HB 98 – State government; conditions for meetings and public hearings to be held by teleconference in emergency conditions; provide — PASSED 43-1
  • HB 205 – Insurance; framework for regulating the offering or issuance of travel insurance; provide — PASSED 47-3
  • HB 268 – The Occupational Therapy Licensure Compact Act; enact — PASSED 50-0
  • HB 353 – Motor vehicles; clarify what constitutes an obstruction for purposes of exceptions to when a vehicle is to drive on the right side of roadway — PASSED 38-12
  • HB 354 – State Board of Cemeterians and Funeral Service; report suspected unlawful activity to the sheriff’s office and the Attorney General; require — PASSED 51-0
  • HB 363 – Crimes and offenses; protection of elder persons; revise definitions — PASSED 47-0
  • HB 370 – Health; term limits for members of joint hospital authorities; provide — PASSED 46-2
  • HB 453 – Special license plates; certified, volunteer, and retired firefighters; provide standards for proof of eligibility — PASSED 49-0
  • HB 459 – Local government; prohibit annexations of county operated airport property — PASSED 49-0
  • HB 465 – Local government; imposing civil penalties upon an alarm systems contractor for a false alarm that occurs through no fault of alarm systems contractor; prohibit — PASSED 41-7
  • HB 553 – State government; participation in hearings by electronic communications; provide — PASSED 48-0
  • HB 611 – State government; definition of small business; change — PASSED 49-0
  • HR 119 – Senator Johnny Isakson Bridge; Chatham County; dedicate — ADOPTED 47-0

The Senate has taken up the following measures today as of our deadline:

  • HB 67 — State government; public property; extend automatic repeals of certain provisions PASSED 47-6
  • HB 124 — Funeral directors and embalmers; multiple cremation devices; provide PASSED 48-3
  • HB 128 — Health; prohibit providers from discriminating against potential organ transplant recipients due solely to the physical or mental disability of the potential recipient PASSED 52-0
  • HB 134 — State government; meetings relating to cybersecurity contracting and planning from open meeting requirements; exclude PASSED 51-0
  • HB 143 — Property; granting of non-exclusive easements; authorize PASSED 51-0
  • HB 152 — Postsecondary education; exemption applicable to certain institutions operating on military installations or bases; revise provisions PASSED 53-0
  • HB 153 — Fair Business Practices Act of 1975; solicitations of services for corporate filings required by the Secretary of State; provide for requirements PASSED 50-1
  • HB 165 — Motor vehicles; use of mounts on windshields for the support of wireless telecommunications devices and stand-alone electronic devices under certain circumstances; allow PASSED 50-0
  • HB 174 — Motor vehicles; federal regulations regarding safe operation of motor carriers and commercial motor vehicles; update reference date PASSED 52-0
  • HB 179 — Special license plates; support breast cancer related programs; amend logo design PASSED 45-0
  • HB 218 — Crimes and offenses; weapons carry license reciprocity in this state; expand PASSED 34-18
  • HB 254 — Insurance; Commissioner’s enforcement authority with regard to adjusters; increase PASSED 48-1
  • HB 255 — Insurance; Commissioner’s enforcement authority with regard to adjusters; increase PASSED 49-0
  • HB 273 — Distilled spirits; initiate a referendum election for the authorization of the issuance of licenses; provide additional method PASSED 48-4
  • HB 290 — Hospitals and nursing homes; policy during a declared public health emergency that limits patients’ abilities to be visited by designated family members and friends; provisions PASSED 49-2
  • HB 292 — Ad valorem tax; property; remove certain training requirements for members of county boards of equalization following their initial training for their first term PASSED 52-0
  • HB 307 — Georgia Telehealth Act; revise PASSED 52-0
  • HB 338 — Motor vehicles; issuance of veterans’ driver’s licenses; revise qualifications PASSED 51-0
  • HB 355 — Georgia Carbon Sequestration Registry; inclusion of building products in construction; provisions PASSED 52-0
  • HB 364 — Professions and businesses; exempt persons having completed Georgia Peace Officer Standards and Training from required fingerprint submission for application to be licensed as a private guard, watchman, or patrolman PASSED 51-1
  • HB 374 — Sales and use tax; local authorities providing public water or sewer service; exempt PASSED 52-0
  • HB 409 — Judicial Legal Defense Fund Commission; establish PASSED 48-3
  • HB 458 — Georgia Composite Medical Board; require certain training relating to sexual misconduct for members PASSED 53-0
  • HB 488 — Courts; increase minimum compensation for chief magistrates and others; provide PASSED 51-1
  • HB 495 — Georgia Bureau of Investigation and the Sexual Offender Registration Review Board; revise duties PASSED 50-1
  • HB 509 — Insurance; require certain insurers to make at least one reasonably priced comprehensive major medical health insurance policy available PASSED 51-1
  • HB 532 — Labor, Department of; employment security; change certain provisions PASSED 50-0
  • HB 534 — Crimes and offenses; promoting illegal drag racing and laying drags; provide for offense PASSED 46-3
  • HB 539 — Medical Practice Act of the State of Georgia; institutional licenses; revise provisions FAILED 17-33
  • HB 619 — Heritage trust program; sale of Patrick’s Fishing Paradise to a private entity; authorize PASSED 49-0
  • HB 635 — Courts; each judge of the superior court, state court, and probate court and each magistrate shall have authority to perform any lawful judicial act; provide PASSED 51-0
  • HB 714 — Georgia Civil Practice Act; revise and provide for new requirements PASSED 52-0
  • HR 130 — Board of Community Affairs; approving transfer of Forsyth County from Georgia Mountains Regional Commission to Atlanta Regional Commission; ratify action ADOPTED 53-0
  • HR 142 — Property; conveyance of certain state owned property; authorize ADOPTED 51-0

The Senate took the following further actions on legislation today as of our deadline:

  • SB 6 — “Tax Credit Return on Investment Act of 2021”; enact INSISTED ON SENATE POSITION & APPOINTED CONFERENCE COMMITTEE
  • SB 28 — Juvenile Code and Domestic Relations; provisions relating to the protection of children; strengthen, clarify and update AGREED TO THE HOUSE SUBSTITUTE (FINAL PASSAGE)
  • SB 43 — “Noncovered Eye Care Services Act”; enact AGREED TO THE HOUSE SUBSTITUTE (FINAL PASSAGE)
  • SB 47 — Georgia Special Needs Scholarship Act; revise prior school year requirement AGREED TO THE HOUSE SUBSTITUTE (FINAL PASSAGE)
  • SB 59 — Education; additional QBE funding for each full-time equivalent student within a local charter school; provide AGREED TO THE HOUSE SUBSTITUTE (FINAL PASSAGE)
  • SB 80 — “Ensuring Transparency in Prior Authorization Act”; enact AGREED TO THE HOUSE SUBSTITUTE (FINAL PASSAGE)
  • SB 153 — “Graduation Opportunities and Advanced Learning (GOAL) Act”; enact AGREED TO THE HOUSE SUBSTITUTE (FINAL PASSAGE)
  • SB 163 — Judicial Emergency; suspension of statutory speedy trial requirements; providE AGREED TO THE HOUSE SUBSTITUTE (FINAL PASSAGE)
  • SB 238 — Code Of Georgia; enactment of the Official Code of Georgia Annotated; revise provisions AGREED TO THE HOUSE SUBSTITUTE (FINAL PASSAGE)

New Legislation

The following legislation of interest was recently introduced in the House and referred to committee:

  • HB 823, authored by Representative Mark Newton (R-Augusta), amends Title 33 to require all health insurers to pass at least 80 percent of all prescription drug rebates to enrollees. This bill was referred to the House Special Committee on Access to Quality Healthcare.
  • HB 825, authored by Representative Sharon Cooper (R-Marietta), amends Title 49 to provide for Medicaid coverage for medically necessary donor human milk. This bill was referred to the House Health and Human Services Committee.
  • HR 496, authored by Representative Kasey Carpenter (R-Dalton), proposes a constitutional amendment to allow the General Assembly to provide for the election of local school superintendents instead of their appointment by local boards of election upon the passage of a local referendum. This resolution was referred to the House Education Committee.

The following legislation of interest was recently introduced in the Senate and referred to committee:

  • SB 312, authored by Senator Jen Jordan (D-Atlanta), amends Title 17 to enact the Georgia Restoring Justice Act. The bill would provide a framework for individuals subject to an erroneous felony conviction to file a claim against the state for damages. To qualify for these damages the individual must establish by clear and convincing evidence that they are eligible for relief under the provisions of this bill. The bill also sets forth a civil process for claims including a jury trial. This bill was referred to the Senate Judiciary Committee.
  • SB 315, authored by Senator Matt Brass (R-Newnan), amends Title 33 to provide for the licensure and regulation of the practice of applied behavior analysis. This bill was referred to the Senate Regulated Industries and Utilities Committee.





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