DAILY REPORT Wednesday
March 31, 2021
House Budget & Research Office (404) 656-5050
40th Legislative
Day
Today on the Floor
Conference Committee Reports
HB 81 General appropriations; State Fiscal Year July 1, 2021 - June 30, 2022
Bill Summary: House Bill 81, the FY 2022 budget, is based on a revenue estimate of $27.2 billion, an increase of $1.3 billion, or 5.2%, over original FY 2021 budget.
The bill and tracking sheet may be found on the House Budget and Research Office website.
Authored By: Rep. David Ralston (7th)
Rule Applied: Modified-Open
Conference Committee Reports: The House adopted the Conference Committee Report with a vote of 148-21. The Senate has adopted the Conference Committee Report.
(Adoption of the conference committee report represents final passage of the bill.)
SB 6
"Tax Credit Return on Investment Act of 2021"; enact
Bill Summary: Senate Bill 6 includes the 'Tax Credit Return on Investment Act of 2021', the 'Georgia Economic Renewal Act of 2021', and the 'Georgia Economic Recovery Act of 2021' among other changes.
The bill adds a new Code section, relating to fiscal bills generally, to allow the chairpersons of the House Ways and Means Committee and the Senate Finance Committee to request from the Department of Audits and Accounts an economic analysis of up to five existing or proposed tax incentives per committee. The requests must be made by May 1, and the department must return the economic analysis to both committees by December 1 of the same year. The economic analysis must include an estimate of the annual fiscal impact of the law or proposed law for the next five years, as well as the net change in state revenue, state expenditures, economic activity, and, if applicable, public benefit resulting from the tax incentive. During the following legislative session, if a fiscal note is requested and a relevant economic analysis was completed, then a summary of the relevant economic analysis must be attached to the fiscal note. Prior to December 1, 2021, an economic analysis shall be conducted on the performance and outcomes of the Georgia Agribusiness and Jobs Act.
The bill adds a new Code section that establishes an additional tax credit for jobs created by a medical equipment and supplies manufacturer or a pharmaceutical and medicine manufacturer. The credit of $1,250 per job is available for jobs that qualify for the current job tax credit or quality jobs tax credit to the extent that those jobs are engaged in the activity of manufacturing medical equipment or supplies or manufacturing pharmaceuticals or medicine. The credits must be claimed separate from the current job tax credit or quality jobs tax credit. When the credits exceed the taxpayer's income tax liability, the credits may be used to cover the taxpayer's quarterly or monthly employee withholding payments and the credits may be carried forward for up to 10 years. A taxpayer may not claim both the job tax credit for PPE manufacturers and this credit.
The bill also amends O.C.G.A. 48-7-40.24, relating to conditions for taking the job tax credit, by repealing the 4,500 job cap for the job tax credit.
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
Senate Bill 6 also amends O.C.G.A. 48-7-40.25, relating to the income tax credit for business enterprises with existing manufacturing facilities, by establishing specific requirements for highimpact aerospace defense projects. A "high-impact aerospace defense project" must be constructed by a business enterprise that is a prime aerospace defense contractor with greater than 40 percent of its revenues from sales to the United States government in its most recent tax year and must be certified by the commissioner of the Department of Economic Development as materially supportive of the mission of the Georgia Joint Defense Commission and the Governor's Defense Initiative. The bill allows a high-impact aerospace defense project to start claiming manufacturing facility tax credits in the tax year in which the taxpayer achieves 1,000 jobs and a $500 million investment; however, the taxpayer must certify that it will later achieve 1,800 jobs and an $800 million investment. For highimpact aerospace defense projects, the qualifying jobs must be located in Georgia, but are not required to be located at the manufacturing facility. The bill also increases the aggregate cap on credits for any individual project from $50 million to $100 million for high-impact aerospace defense projects and allows high-impact aerospace defense projects to claim either a quality jobs tax credit or mega project tax credit along with existing manufacturing tax credits. Any taxpayer that claims these tax credits shall annually report the total number of full time employees working at the taxpayer's qualified project by December 31 of each year.
The bill also amends 48-7-40.34, relating to the tax credit for Class III railroads, by extending the sunset date to earn credits from December 30, 2023, to December 30, 2026, as well as extending the deadline to freely assign credits from January 1, 2024, to January 1, 2027.
SB 6, amends O.C.G.A. 48-8-3, relating to exemptions from sales and use taxes, by extending the sunset on the exemption of sales of tangible personal property used for and in the construction of a competitive project of regional significance from June 30, 2021, to June 30, 2023, and providing a state and local sales tax exemption for the sale of tickets, fees, or charges for admission to a fine arts performance or exhibition conducted by a 501(c)(3) organization or a museum of cultural significance, provided that the organization's or museum's primary mission is to advance the arts in Georgia.
The bill also amends O.C.G.A. 48-8-3.2, relating to a sales tax exemption for certain machinery and equipment used in manufacturing, by reinstating the exemption on maintenance and replacement parts for the equipment used to mix, agitate, and transport freshly mixed concrete in a plastic and unhardened state. Motor fuel used in a motor vehicle that is a manufacturing plant is not exempt from sales and use tax. This exemption expires June 30, 2026.
Senate Bill 6 also amends O.C.G.A. 48-8-3.2, relating to the maximum amount of sales and use tax imposed to maintain, repair, or refit a boat, by extending the sunset from June 30, 2025 to June 30, 2031.
SB 6 amends O.C.G.A. 48-7-29.8, relating to tax credits for the rehabilitation of historic structures, by extending the program through 2022 at which point it will sunset and by capping projects with greater than $300,000 in credits at $25 million and projects with up to $300,000 in credits at $5 million.
The bill amends 48-7-40.12, relating to tax credit for qualified research expenses, is amended by revising the definition of 'business enterprise' by specifying that any business or headquarters of any business that otherwise meets the definition of a business enterprise shall not be considered a retail business due to the retail activities of any of its affiliates.
Senate Bill 6 amends O.C.G.A. 48-8-3, relating to exemptions from sales and use taxes, by updating the NAICS codes for the sales and use tax exemption for the sale of certain computer equipment when the total qualifying purchases by a high technology company exceed $15 million and exempting any wireline or wireless telecommunication system. The bill also requires high-technology companies that have been issued a sales tax exemption certificate to report annually, within 90 days of the end of the calendar year, to the commissioner a list of facilities for which equipment exempted from sales tax is located as well as the amount of taxes exempted during the preceding year. This exemption sunsets on June 30, 2023.
Page 2 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
Authored By: Sen. John Albers (56th)
Rule Applied: Structured
Conference Committee Reports: The House adopted the Conference Committee Report with a vote of 146-25. The Senate has adopted the Conference Committee Report.
(Adoption of the conference committee report represents final passage of the bill.)
SB 195
Hemp Farming; definition; revise
Bill Summary: Senate Bill 195 revises the Code to clarify that provisions relating to low THC oil also include resulting products, which is defined in O.C.G.A. 16-12-200. The Georgia Access to Medical Cannabis Commission's responsibilities are increased by adding that the commission should review new treatment and delivery methods of low THC oil and products that result from medical research. Further, the bill clarifies that the commission is required to provide documents and information promptly to the Medical Cannabis Commission Oversight Committee, as requested, and clarifies the overall duties of the oversight committee.
The bill also allows local jurisdictions to use their zoning powers to allow for additional locations of dispensaries, if needed. The number of dispensaries in the state is limited to five for each of the six licensed growers. The bill allows licenses to be issued and replacement licenses to be offered if others are revoked, suspended, or surrendered and if certain license thresholds are met. An exemption is created from disciplinary action by a licensing board or civil penalties for those transporting low THC oil on behalf of their licensed company. SB 195 also allows for universities and other colleges that meet the specific criteria to engage in joint research with licensees, so long as the partnership is to conduct medical research.
SB 195 exempts products that are approved by the federal Food and Drug Administration from definitions in state law, including low THC oil under O.C.G.A. 16-12-190, marijuana under the 'Georgia Controlled Substances Act', and tetrahydrocannabinols under Schedule I controlled substances. The bill also removes epidiolex from Schedule V controlled substances.
Authored By: Sen. Jeff Mullis (53rd)
Rule Applied: Modified-Structured
Conference Committee Reports: The House adopted the Conference Committee Report with a vote of 164-2. The Senate has adopted the Conference Committee Report. (Adoption of the conference committee report represents final passage of the bill.)
Motions to Insist
HB 409 Judicial Legal Defense Fund Commission; establish
Bill Summary: House Bill 409 establishes the Judicial Legal Defense Fund Commission to facilitate the provision of state-funded legal representation to justices of the Supreme Court, judges of the Court of Appeals, the Georgia State-wide Business Court, and superior courts when these judges are sued for actions taken pursuant to their official duties.
The commission shall be governed by five members who are active judges and appointed by the chief justice of the Supreme Court, the governor, the lieutenant governor, the speaker of the House, and the Council of Superior Court Judges of Georgia. The bill provides for the terms, occurrence of vacancies, officers, and voting of the membership.
In the event that a suit is filed against a judge and the attorney general does not provide representation and the costs of litigation are not covered by an insurance policy maintained by the Department of Administrative Services, it shall be the purpose of the commission to evaluate requests for representation and determine if the suit seeks relief from actions taken pursuant to the judge's official duties. With the assistance of the State Bar of Georgia, the commission shall maintain a list of attorneys to provide representation to the judges subject to the governor's approval.
If the commission endorses a judge's request to receive representation funded by the Judicial Legal Defense Fund, which is also established in the bill and funded by the Governor's Emergency Fund, the judge shall select an attorney from the list maintained by the commission and the attorney shall prepare an estimated budget for the representation. The judge's request, commission's endorsement, selected attorney, and attorney's budget shall be sent to the governor for approval. In the event that
Page 3 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
the attorney exceeds his or her budget, the attorney must submit an amended budget for approval.
Authored By: Rep. Stan Gunter (8th)
Rule Applied: Modified-Structured
Motions to Insist: (A motion to insist sends the bill back to the Senate for consideration.)
Motions to Agree
HB 32 Income tax; credit for teacher recruitment and retention program; provide
Bill Summary: House Bill 32 amends O.C.G.A. 20-2-251 to create a refundable income tax credit for a teacher recruitment and retention program managed by the State Board of Education. Eligible teachers include those with a bachelor's degree in education from a postsecondary institution in Georgia that has a teacher certification program certified by the Georgia Professional Standards Commission. Additionally, a teacher must accept their first school-year contract in the 2021-2022 school year in a high-need subject area in a rural school or a school that performed in the lowest five percent of schools in this state and must hold a valid five-year induction or professional certificate from the Georgia Professional Standards Commission. Regional Education Service Agencies determine which three content areas are considered a high-need subject area. Eligible teachers must submit an application to the Department of Education to participate.
The department will identify no more than 100 rural and low-performing schools, and the recruitment and retention program is limited to 1,000 participating teachers. Participating teachers are eligible for a non-refundable tax credit of $3,000 per each school year for no more than five years. The tax credit earned may be carried forward for up to three years.
Beginning with the 2023-2024 school year, the Office of Student Achievement will evaluate the program and provide the governor, the General Assembly, and the State Board of Education with a report that includes the number of participants and the length of participation in the program.
This income tax credit program sunsets on December 31, 2026.
Authored By: Rep. D. C. Belton (112th)
Rule Applied: Structured
Motions to Agree As Amended: (A motion to agree as amended sends the bill back to the Senate for consideration.)
HB 43
Motor vehicles; require registration application forms to include optional information regarding certain conditions which may interfere with a registrant's ability to communicate
Bill Summary: House Bill 43 requires motor vehicle registration application forms to include a section which allows the applicant to disclose a physical, mental, or neurological condition which impedes the ability of the applicant or an expected driver of the vehicle to communicate.
Authored By: Rep. Wesley Cantrell (22nd)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 94
Crimes and offenses; provide for the crime of theft by possession of stolen mail
Bill Summary: House Bill 94 designates a new felony crime of "theft by possession of stolen mail," with resulting punishment of between one to five years in prison, although the presiding judge is given the discretion to instead sentence a defendant to a misdemeanor. A person is guilty of the crime if he or she possesses stolen mail addressed to three or more different addresses, and possesses a minimum of 10 separate pieces of stolen mail. Each set of 10 separate pieces of stolen mail, addressed to three or more different addresses, constitutes a separate crime.
The bill also designates a new felony crime of "porch piracy," with resulting punishment of between one to five years in prison, although the presiding judge is given the discretion to instead sentence a defendant to a misdemeanor. A person is guilty of the crime if he or she takes, or removes, three or more envelopes, bags, packages, or other sealed items of another person from that person's porch, steps, or entranceway without permission and so long as those items were taken from at least three different addresses.
Page 4 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
Authored By: Rep. Bonnie Rich (97th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 98
State government; conditions for meetings and public hearings to be held by teleconference in emergency conditions; provide
Bill Summary: House Bill 98 establishes that when agencies hold meetings, under emergency conditions, persons or agencies who participate by teleconference must be treated as fully participating, as if they were physically attending the meeting.
Authored By: Rep. Eddie Lumsden (12th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 124
Funeral directors and embalmers; multiple cremation devices; provide
Bill Summary: House Bill 124 allows for crematories to use aquamation by creating a new definition for "cremation device", which is used to expand the current references to a "retort" to also include vats and containers in which cremation occurs by traditional flame, alkaline hydrolysis, or other approved means.
Further, the bill allows the Board to adopt regulations, including for the inspection of any retort by the manufacturer, or authorized crematory repair company, once every five years.
Authored By: Rep. Ricky Williams (145th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 128
Health; prohibit providers from discriminating against potential organ transplant recipients due solely to the physical or mental disability of the potential recipient
Bill Summary: House Bill 128 creates Gracie's Law to establish provisions to prevent the discrimination of individuals with disabilities from receiving an anatomical gift or organ transplant. Additionally, this bill revises parental requirements for consent as it relates to cardiopulmonary resuscitation.
Authored By: Rep. Ricky Williams (145th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 141
Criminal procedure; requirements for awards made from Georgia Crime Victims Emergency Fund to medical service providers; provide
Bill Summary: HB 141 makes it a requirement that payments made by the Georgia Crime Victims Emergency Fund to medical service providers be in accordance with the list of reasonable charges published by the State Board of Workers' Compensation, unless an investigation by the Georgia Crime Victims Compensation Board shows that there is a reasonable justification for the deviation. Payments made to, and accepted by, a medical provider are considered to be payment in full.
Authored By: Rep. Houston Gaines (117th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 153
Fair Business Practices Act of 1975; solicitations of services for corporate filings required by the Secretary of State; provide for requirements
Bill Summary: House Bill 153 requires any person who mails a solicitation for services related to corporate filings to include the following disclaimer at the top of the document in 16-point Helvetica font: "THIS IS A SOLICITATION. THIS IS NOT A BILL OR OFFICIAL GOVERNMENT DOCUMENT AND HAS NOT BEEN SENT BY THE GEORGIA SECRETARY OF STATE'S OFFICE." The disclaimer must be both larger than and two inches from any other text in the solicitation. Any violation of this provision shall be considered an unfair and deceptive act.
Authored By: Rep. Marcus Wiedower (119th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
Page 5 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
HB 154
Domestic relations; protection of children; strengthen, clarify, and update provisions
Bill Summary: House Bill 154 clarifies and refines the Code regarding statutory adoption provisions. The bill clarifies the venue alternatives when a child is placed for adoption with an out-ofstate resident. The exception to the general venue rule applies when a child is placed in accordance with the Interstate Compact on the Placement of Children (ICPC) or when the petitioner is a resident of another country. HB 154 reduces the statutory age at which a person is allowed to petition for adoption from 25 to 21 years old. The bill clarifies that adoption petitioners are not subject to the requirements of the ICPC when the ICPC's relative exception applies or when the petitioners are residents of another country. Further, the bill clarifies the deadline for submitting a revocation and the method for doing so.
HB 154 amends several sections regarding service of process to authorize the use of certified mail, including when service is upon a parent and when state law does not require a surrender or termination of parental rights, or when state law authorizes the termination of a parent's rights based on certain circumstances. The bill allows the required search of the putative father registry to be performed after the adoption petition is filed and the results to be attached as an amendment to the petition. The bill requires the petitioner to request the appointment of an investigator to verify the allegations in the adoption petition if the court fails to appoint one. HB 154 creates a presumption that a non-resident petitioner can appear for the final hearing via electronic means if the petition for adoption is uncontested. For adoption petitions, the bill also clarifies the naming conventions to be used and to appropriately preserve anonymity in the event that there are appeals. When examining the evidence for a child born in a foreign country, the court shall determine whether a sufficient amount of evidence has been provided to show that a child has a viable path to lawful permanent resident status, if not already attained, rather than if the child will be able to obtain lawful permanent resident status.
HB 154 creates both a civil cause of action as a tort claim under Georgia law as well as a felony crime to address adoption scams where individuals intentionally misrepresent a pregnancy, or their intention to place a child for adoption, when the individual is not pregnant. The felony crime shall be punished by imprisonment of between one to 10 years, a maximum fine of $10,000, or both, in addition to the convicted individual being subject to a court order that mandates the individual pay back any restitution to the harmed victim. This includes when the individual has no intention of placing a child for adoption and no money has been obtained by the individual, but the potential adoptive parents have expended money based on the misrepresentation. This bill also updates the required forms to reflect additional language.
Further, the bill allows for the Division of Family and Children Services (DFCS) to file a petition for the appointment of a guardian for a minor that is under the custody of DFCS so long as the minor is within six months of reaching the age of 18 years old.
Authored By: Rep. Albert Reeves (34th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 160
Revenue and taxation; water and sewer projects and costs tax (MOST); provide for audits of tax by state auditor under certain conditions
Bill Summary: House Bill 160 amends O.C.G.A. 48-8-200, relating to water and sewer projects and
costs tax (MOST), by changing the definition of a "municipality" to include a municipality that
operates a waste-water system that interconnects with the waste-water system of a municipality that
has an average waste-water flow that is at least 85 million gallons per day. The bill also allows the
governor, the speaker of the House of Representatives, or the lieutenant governor to order an
independent and comprehensive audit of a MOST tax through the state auditor.
Authored By: Rep. William Boddie (62nd)
Rule Applied: Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
Page 6 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
HB 207
Motor vehicles; electronic submission of certain documentation required of manufacturers, distributors, dealers, secondary metals recyclers, used motor vehicle parts dealers, and scrap metal processors by the Department of Revenue; provide
Bill Summary: House Bill 207 requires certain specified documents and registrations to be submitted to the Department of Revenue electronically rather than through the mail.
Authored By: Rep. John Corbett (174th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 208
State holidays; second Wednesday of February of each year as National Swearing-in Day in Georgia; provide
Bill Summary: This bill provides that the second Wednesday of February be designated as a "National Swearing-in Commitment Day" state holiday in Georgia. The state holiday celebrates the Junior Reserve Officers' Training Corps (JROTC), which allows young men and women to experience a sample of military life.
Authored By: Rep. Mike Cheokas (138th)
Rule Applied: Modified-Open
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 231
Crimes and offenses; victims of stalking; expand applicability of protective orders
Bill Summary: House Bill 231 creates a separate temporary protective order (TPO) for dating violence that is not covered by a TPO for family violence. These TPOs cover felonies, simple battery, battery, simple assault, and stalking, so long as it is between two people with whom there has been a pregnancy together or who are currently in a "dating relationship" or have been in a "dating relationship" within the last six months. "Dating relationship" is defined as a committed, romantic relationship that involves an intimacy level above those of mere friends, although the definition does not require sexual involvement. A hearing shall be held on a filed petition within 10 days, at which time the petitioner must prove the allegations by a preponderance of the evidence. The presiding judge shall consider the factors specifically outlined to confirm the existence of a dating relationship.
Authored By: Rep. Houston Gaines (117th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 245
Professions and businesses; podiatry; amend a provision relating to fingerprint and criminal background checks
Bill Summary: House Bill 245 amends a provision relating to fingerprint and criminal background checks used for the practice of podiatry by requiring the need for satisfactory results from a fingerprint records check for only new license applicants and reinstatements, not license renewals.
Authored By: Rep. John LaHood (175th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 254 Insurance; Commissioner's enforcement authority with regard to adjusters; increase Bill Summary: House Bill 254 amends current public adjuster laws to increase consumer protections from fraud.
Sections One and Two give the Department of Insurance (DOI) the authority to adopt rules and regulations and requires all public adjusters to be licensed by DOI.
Section Three requires public adjusters to use contracts approved by DOI, outlines what these contracts must include, and specifically prohibits the public adjuster from working in multiple capacities, including as a contractor or appraiser.
Sections Four through Six outline the fees that public adjusters can collect, sets a cap for the total commission allowed to be collected from the settlement of the claim at 33.3 percent, and prohibits adjusters from receiving a commission if the insurer commits to paying the policy limits within 72
Page 7 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
hours of the reported loss. Public adjusters are permitted to endorse a check from an insurer to an insured only if it goes into the adjuster's escrow account.
Public adjusters are required to file proof of financial responsibility with DOI and must keep records of all transactions for at least five years for review. Additionally, this bill adds new regulations for public adjuster advertisements and prohibits adjusters from soliciting during natural disasters. Furthermore, contractors are prohibited from acting as public adjusters on property that contracting services are being provided and prevents adjusters from offering public adjusting services whose license has been revoked.
Authored By: Rep. Eddie Lumsden (12th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 258 Crimes and offenses; response to State v. Williams, 2020 Ga. LEXIS 85; provisions
Bill Summary: House Bill 258 clarifies that consent of an alleged victim under the age of 16 is not a defense for crimes of sexual battery and aggravated sexual battery.
Authored By: Rep. Steven Sainz (180th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 273
Distilled spirits; initiate a referendum election for the authorization of the issuance of licenses; provide additional method
Bill Summary: Section 1 of House Bill 273 repeals and replaces the limited exception to the threetier system of alcoholic beverages for distillers, in which it increases the cap to 750 barrels of distilled spirits per year that can be sold on the licensed premises of distilleries. Further, distilleries are now permitted to have three licensed locations in which they exercise their rights under this exception, and the cap is increased for retail sales on the premises for purposes of off-premises consumption to 4,500 milliliters of distilled spirits per individual per day. Beginning on April 1, 2022, distillers will only be allowed to sell their product on their licensed premises if they also produce distilled spirits on that premises, unless the premises operates under the same federal distilled spirits permit, is designated as one of the distiller's three licensed premises under the statute, is using the facility for aging its product for a period over one year, or the facility has at least 500 barrels of distilled spirits that are being aged in wooden containers. Also starting on April 1, 2022, each licensed facility using this exception for retail sales will be limited each quarter to sell no more of its distilled spirits than it produces at that facility during the quarter. If a facility is falling under an exception listed in O.C.G.A. 3-4-24.2(b)(7), then the maximum amount of distilled spirits that a facility can sell under the exception is the difference between the total on-site production volume of all the distiller's premises in the state during the quarter and the total retail sales of the distiller made pursuant to the exception allowing retail sales for all of the distiller's facilities in the state for the quarter. The bill also allows for distillers to transfer their finished product between their licensed facilities.
Section 2 of the bill allows for breweries with multiple licensed facilities to transfer beer between those licensed properties so long as the facilities have the same 100-percent common ownership and the brand and brand label are solely owned by the brewer. Further, the bill increases the maximum amount of beer a brewery can sell on-site, either for on-premises or off-premises consumption, via this exception to the three-tier system to 6,000 barrels annually among all licensed facilities. Any transfers of beer under these provisions will be required to be reported on a quarterly report, as provided by the Department of Revenue.
Authored By: Rep. Mandi Ballinger (23rd)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 282
Ad valorem tax; qualified timberland property; add a definition
Bill Summary: House Bill 282 amends Article 13 of Chapter 5 of Title 48, relating to ad valorem taxation of qualified timberland property. The bill allows an applicant to declare a tract of land as contiguous even if the tract is divided by a county boundary, public roadway, public easement, public
Page 8 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
right of way, natural boundary, land lot line, or railroad track. The bill also specifies that the qualified timberland property manual shall include appraisal instructions stating that market approach to valuation shall constitute 50 percent of the value and the income approach to valuation shall constitute 50 percent of the value. The commissioner of the Department of Revenue shall accept a parcel map drawn by the county cartographer or Geographic Information System technician and signed by the county board of assessors and the qualified owner, a legal description of the property, a plat of the property, or a written legal description of the property delineating the meets and bounds and measured area. With respect to certifying bona fide production of trees, the qualified owner shall not be required to submit a simple Forest Management Plan.
Authored By: Rep. Steven Meeks (178th)
Rule Applied: Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 286 Local government; restrict ability of county governing authorities to reduce funding for county police departments
Bill Summary: House Bill 286 prohibits counties and municipalities from reducing their police force budgetary appropriations by more than five percent unless specified conditions exist.
The bill requires state and local governments to provide, when requested, payroll deductions to public safety employees to purchase insurance.
Authored By: Rep. Houston Gaines (117th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 287
Education; tobacco and vapor products in course of instruction regarding alcohol and drugs; include
Bill Summary: House Bill 287 amends O.C.G.A. 20-2-144 to include tobacco and vapor products in the list of mandatory instruction concerning drug and alcohol use for students in every grade, every year.
This legislation amends O.C.G.A. 20-2-142 to require the State Board of Education to prescribe a course of study in human trafficking awareness for grades 6 through 12, incorporated into the student's health and physical education course of study.
Authored By: Rep. Bonnie Rich (97th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
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
Bill Summary: House Bill 290, known as the 'Patient and Resident Representation Act,' prohibits a hospital or long-term care facility from implementing any policy that limits a patient or resident's access to in-person contact with a legal representative for less than one hour per day during any hospitalization, treatment, or residence that last longer than 12 hours. For patients in operating rooms, transplant wards, burn units, or requiring physical isolation for violent emergency psychiatric or immunocompromised conditions, the attending physician may restrict or postpone a patient's access to in-person physical contact with their designated legal representative for the duration of the medical necessity. Hospitals and long-term care facilities may impose reasonable safety requirements and must post these requirements on the facility's website and be made available upon request in printed form. The governor cannot waive or otherwise limit these provisions, including during a public health emergency.
HB 290 also prohibits long-term care facilities from implementing any policy that limits a resident's ability to have in-person physical contact with at least two legal representatives or essential caregivers for no less than a single period of two hours each day for any treatment or residence that lasts longer than 24 hours. Long-term care facilities may impose reasonable safety requirements and must post these requirements on the facility's website.
Page 9 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
The bill allows for instances when a hospital or long-term care facility may temporarily suspend or terminate the access of a legal representative as well as allows for a patient or resident to bring civil action in court only for injunctive relief for the failure of a facility to comply with the provisions of the bill. Additionally, the bill allows for instances when a long-term care facility may temporarily suspend or terminate the access of an essential caregiver as well as allows for any resident to bring civil action in court for only injunctive relief for the failure of a long-term care facility or governmental entity to comply with the provisions in this bill.
The provisions of this bill are conditions for hospitals and nursing homes to obtain operational permits and begin on July 1, 2021.
The Department of Community Health shall establish rules and regulations for the provisions of this bill and is authorized to take civil, disciplinary, or administrative action against any hospital or longterm care facility for non-compliance with the provisions in the bill.
Authored By: Rep. Ed Setzler (35th)
Rule Applied: Modified-Structured
Motions to Agree As Amended: (A motion to agree as amended sends the bill back to the Senate for consideration.)
HB 306
Corporations, partnership, and associations; corporations may hold shareholders' meetings by means of remote communication; provide
Bill Summary: House Bill 306 allows the board of directors of corporations and non-profit corporations to hold annual and special shareholder meetings wholly or partially by means of remote communication unless otherwise provided by the corporation's by-laws or articles of incorporation.
When authorized by the board, shareholders and holders of proxies may participate in, be deemed present for, and vote at a shareholder meeting remotely if the corporation implements reasonable procedures to verify that those present and voting at a shareholder meeting are in fact shareholders or holders of proxies; and provide shareholders and holders of proxies a reasonable opportunity to participate in such meeting and to vote on matters. When a shareholder or holder of a proxy votes or takes other action remotely, the corporation must maintain a record of such vote or action.
Authored By: Rep. Stan Gunter (8th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 307
Georgia Telehealth Act; revise
Bill Summary: House Bill 307 authorizes health care providers to provide telehealth services from home and patients to receive telehealth services from their home, workplace, or school. Additionally, HB 307 prohibits insurers from requiring separate deductibles or an in-person consultation before paying for telehealth services. This bill allows for audio-only care under certain circumstances, such as a lack of broadband connection.
HB 307 restricts insurers from requiring providers to use a specific telehealth platform or vendor. Insurers are not allowed to restrict the prescribing of medications through telehealth that are more restrictive than what is required under applicable state and federal laws for in-person prescribing of medications. Additionally, this bill requires that each provider maintain documentation of each health care service provided through telehealth in a manner that is at least as extensive and thorough as documentation maintained for in-person services.
Authored By: Rep. Sharon Cooper (43rd)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 317
Excise tax; revise definition of innkeeper to include marketplace facilitators; provisions
Bill Summary: House Bill 317 amends Article 3 of Chapter 13 of Title 48, relating to excise tax on rooms, lodgings, and accommodations, by expanding the definition of "innkeeper" to include any dealer that is required to collect and remit sales tax as a marketplace facilitator for facilitating the sale of rooms, lodgings, or accommodations. The definition expansion requires the innkeepers acting as marketplace facilitators to collect and remit the local excise taxes due on rooms, lodgings, or
Page 10 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
accommodations. The bill also modifies the five-dollar hotel/motel excise tax found in O.C.G.A. 4813-50.3 to apply to all rooms, lodgings, or accommodations, with the exception of extended stay rentals, lodgings, or accommodations that do not provide shelter.
Authored By: Rep. Ron Stephens (164th)
Rule Applied: Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 327 Organized Retail Crime Prevention Act; enact Bill Summary: House Bill 327 is the 'Organized Retail Crime Prevention Act'.
The bill adds several requirements for the resale of gift cards by merchants who specialize in the sale of gift cards that are not authorized by the corporate issuer nor its agent and refers to these merchants as "third-party card dealers." These third-party card dealers must maintain records for three years on applicable data, including: the date of transaction; name of the person conducting the transaction; name, age, and address of the seller; a description of the general appearance of the customer and the customer's driver's license number; and value amount on the gift card and the price paid. These entries must be open to the inspection of authorized law enforcement officers during ordinary business hours or at any other reasonable time.
Further, this bill creates a misdemeanor offense for a third-party card dealer, or its agents or employees, who knowingly fails to make an entry of any material matter in the records; makes any false entry; falsifies, destroys, or removes the record book; refuses to allow an authorized law enforcement agent to inspect the records or any stored gift card; or fails to maintain a record of each required transaction for at least four years.
The bill revises the Code to say that the definition of "retail property" for purposes of retail property fencing, civil forfeiture, or other matters is not required to be new items. The definition of "conviction" is also broadened for purposes of the crimes of theft by shoplifting and refund fraud to include pleas of nolo contendere.
HB 327 creates a felony crime for organized retail theft, which occurs when a person intentionally organizes others to steal property of a store for purposes of reselling that property for monetary gain. The aggregate value of the property must be $25,000 or more, and the property must be fenced to another for resale or intended to be. The punishment for the crime is imprisonment of between 3 to 20 years, a maximum fine of $50,000, or both.
Authored By: Rep. Martin Momtahan (17th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 334
Superior courts; clerks; notaries public; provisions
Bill Summary: House Bill 334 provides for the creation and allowance of remote online notaries public and remote online notarizations (RON). Electronic seals and digital signatures must be used when performing any electronic in-person notarization or RON. The bill establishes the process to become, and the performance requirements of, a remote online notary public. The maintenance and retention requirements of RON related documentation and digital recordings are provided. The Georgia Superior Courts Clerk's Cooperative Authority shall have the authority to adopt standards for RON.
Notary publics located in the state of Georgia may perform an electronic in-person notarization for an individual in the notary's physical presence. Remote online public notaries physically located in Georgia may perform RON for individuals located within the United States and internationally if certain requirements are met. Notarial acts required for wills, codicils, or testamentary trusts may not be performed by or through RON.
The bill establishes fees that may be charged by a remote online notary public. Upon the termination of a remote online notary public's commission, such notary public must disable certain technologies related to the performance of their duties. Electronic journals, which keep a record of notarial acts, must be created and maintained by remote online notaries public and such journals must be retained
Page 11 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
for 10 years after the date of the last notarial act. Audiovisual recordings notarial acts must be submitted to secure repositories and maintained for a minimum of 10 years.
The 'Fair Businesses Practice Act' is amended to specifically include that presenting a residential real document for recording, that the presenter knew was created through actions constituting the unauthorized practice of law, is an unfair or deceptive practice.
Clerks of the superior court are specifically relieved of any further duty to examine the circumstances of the witnessing of any instrument submitted to them if the apparent signatures of both witness and any required seals are present. Witnessing requirements for real estate documents are further specified.
Authored By: Rep. Joseph Gullett (19th)
Rule Applied: Modified-Structured
Motions to Agree As Amended: (A motion to agree as amended sends the bill back to the Senate for consideration.)
HB 336
Agriculture; hemp farming; compliance with federal laws and regulations; provide
Bill Summary: HB 336 makes changes to Chapter 23 of Title 2, which addresses hemp farming, to ensure compliance with federal laws and regulations. Upon receipt of an application, prospective growers and processors must submit one set of classifiable fingerprints for the purpose of conducting a search of records; the Department of Agriculture must provide the fingerprints to the Federal Bureau of Investigation. Among other changes to meet compliance, the bill removes the term "background check" and replaces it with "history report", removes language regarding a growerprocessor affidavit requirement, and swaps the term "destroy" with "dispose of".
The bill eliminates language that raises the processor permit fee to $50,000, keeping the fee set at $25,000. The amount required for a processor's surety bond is increased from $100,000 to $300,000.
Authored By: Rep. John Corbett (174th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 346
Jarom's Act; enact
Bill Summary: House Bill 346 authorizes emergency medical service providers to administer hydrocortisone sodium intramuscularly for the purpose of providing emergency care to a patient who: has congenital adrenal hyperplasia or any other adrenal insufficiency; is believed to be in adrenal crisis; is in possession of hydrocortisone sodium succinate in packaging that clearly states the appropriate dosage and has an unbroken seal.
Authored By: Rep. Dominic LaRiccia (169th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 354
State Board of Cemeterians and Funeral Service; report suspected unlawful activity to the sheriff's office and the Attorney General; require
Bill Summary: House Bill 354 requires that any complaints received by the State Board of Cemeterians be investigated within 30 days of receipt, and if that investigation finds any potential violations of state or federal criminal law, then the board must provide notice of those potential illegalities to the attorney general's office and the local sheriff's office within seven days. The attorney general then has 60 days to investigate the complaint and report this information to the local prosecuting attorney with relevant information uncovered during the investigation.
Authored By: Rep. Ricky Williams (145th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 363
Crimes and offenses; protection of elder persons; revise definitions
Bill Summary: House Bill 363 removes various subsections of the Code that escalate punishment for elder crimes due to rule of lenity concerns with existing law, in particular with statutory interpretation in favor of the defendant due to crimes with overlapping elements as codified in the subsections below and in O.C.G.A. 16-5-102.
Page 12 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
The bill adds a new definition under O.C.G.A. 16-5-100 for "abuse of access" and also references that definition in the definition of "exploit".
A subsection of O.C.G.A. 16-5-20 is rescinded that escalates the punishment to an aggravated crime when simple assault is committed against an individual who is 65 years of age or older. A subsection of O.C.G.A. 16-5-23 is rescinded that escalates the punishment to an aggravated crime when simple battery is committed by an employee, agent, or volunteer of a licensed long-term care facility, assisted-living community, personal care home, or those licensed for home health care, or against a person who is admitted to or receiving services from one of the applicable facilities, persons, or entities. A subsection of O.C.G.A. 16-5-23.1 is rescinded that escalates the punishment for when battery is committed by an employee, agent, or volunteer of a licensed long-term care facility, assisted-living community, personal care home, or those licensed for home health care, or against a person who is admitted to or receiving services from one of the applicable facilities, persons, or entities. A subsection of O.C.G.A. 16-8-12 is rescinded that escalates the punishment for when theft by deception is committed against an individual who is 65 years of age or older and the property is worth more than $500 in value.
Authored By: Rep. John LaHood (175th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 370
Health; term limits for members of joint hospital authorities; provide
Bill Summary: House Bill 370 provides term limits for members of joint hospital authorities of 12 years or three consecutive terms. This bill only applies to the Fulton and DeKalb hospital authorities. Additionally, this bill restricts hospital authorities from utilizing revenues to perform any power or duty delegated in a lease.
Authored By: Rep. Jan Jones (47th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 392
Alcoholic beverages; licenses for retail sale packages of alcoholic beverages for consumption off premises shall be subject to regulation as to distance from schools as determined by the local governing authority; provide
Bill Summary: House Bill 392 makes new alcoholic beverage licensees for package sale for offpremises consumption of beer or wine subject to the local jurisdiction's distance requirements from school and educational buildings. These distance requirements can be less restrictive than those in Code, but cannot be more restrictive. If the local jurisdiction does not have specific distance requirements enacted for school and educational buildings, then the state's distance requirements shall control. The bill also clarifies the definition of "in-room service" for hotels and that the limitation on distilled spirits applies to package sales.
Authored By: Rep. Jason Ridley (6th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 409
Judicial Legal Defense Fund Commission; establish
Bill Summary: House Bill 409 establishes the Judicial Legal Defense Fund Commission to facilitate the provision of state-funded legal representation to justices of the Supreme Court, judges of the Court of Appeals, the Georgia State-wide Business Court, and superior courts when these judges are sued for actions taken pursuant to their official duties.
The commission shall be governed by five members who are active judges and appointed by the chief justice of the Supreme Court, the governor, the lieutenant governor, the speaker of the House, and the Council of Superior Court Judges of Georgia. The bill provides for the terms, occurrence of vacancies, officers, and voting of the membership.
In the event that a suit is filed against a judge and the attorney general does not provide representation and the costs of litigation are not covered by an insurance policy maintained by the Department of Administrative Services, it shall be the purpose of the commission to evaluate requests
Page 13 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
for representation and determine if the suit seeks relief from actions taken pursuant to the judge's official duties. With the assistance of the State Bar of Georgia, the commission shall maintain a list of attorneys to provide representation to the judges subject to the governor's approval.
If the commission endorses a judge's request to receive representation funded by the Judicial Legal Defense Fund, which is also established in the bill and funded by the Governor's Emergency Fund, the judge shall select an attorney from the list maintained by the commission and the attorney shall prepare an estimated budget for the representation. The judge's request, commission's endorsement, selected attorney, and attorney's budget shall be sent to the governor for approval. In the event that the attorney exceeds his or her budget, the attorney must submit an amended budget for approval.
Authored By: Rep. Stan Gunter (8th)
Rule Applied: Modified-Structured
Motions to Agree As Amended: (A motion to agree as amended sends the bill back to the Senate for consideration.)
HB 443 Torts; transfer of structured settlement payment rights; provide new requirements
Bill Summary: House Bill 443 creates the 'Georgia Structured Settlement Protection Act' to provide new requirements regarding the transfer of structured settlement payment rights.
The bill defines certain terms and establishes registration and application requirements for persons or entities acquiring, or proposing to acquire, structured settlement payment rights (defined in the bill as "transferees"). A person or entity shall not act as a transferee, attempt to acquire structured settlement payment rights from a Georgia resident, or file a structured settlement transfer proceeding unless the person or entity has registered with the Secretary of State to do business in Georgia. Applications must be renewed annually and include a sworn certification providing that the applicant has secured a surety bond, has been issued a letter of credit, or has posted a cash bond in the amount of $50,000. The bond, letter of credit, or cash bond shall be effective concurrently with an applicant's registration with the Secretary of State and shall remain in effect for not less than three years after expiration or termination of that registration and shall be renewed each year when the registration of the applicant is renewed. The Secretary of State shall be authorized to set and charge a fee to offset the costs of processing and maintaining the required registration. Transferees or structured settlement purchase companies are prohibited from engaging in certain actions, and a cause of action is created for the violation of such prohibitions.
At least 10 days before the holder of a structured settlement signs a transfer agreement that transfers his or her interest in such settlement to a transferee, the transferee must provide such holder with certain disclosures. No transfer of structured settlement payment rights shall be effective unless the transfer has been approved in advance in a final court order based on certain express findings by the court. Notice of a transferee's application for the approval of such transfer must be provided at least 20 days prior to any scheduled hearing on the application. Requirements for such notice and application are also provided.
The provisions of the Act may not be waived by a payee. Any transfer agreement entered into by a payee in this state shall provide that disputes under such transfer agreement shall be determined by Georgia law. Rights under a structured settlement shall not extend to payments that are contingent on life unless, the transferee establishes and agrees to maintain procedures that periodically confirm the payee's survival and give an annuity insurer and the structured settlement obligor prompt notice of the payee's death. The Act shall not be construed to imply that any transfer agreement entered into prior to the Act's effective date is valid or invalid, or affect the validity of any transfer of structured settlement payment rights, whether under a transfer agreement entered into prior to or subsequent to the Act's effective date, in which the obligor and annuity issuer have waived, or have not asserted their rights under, terms of the structured settlement prohibiting or restricting sale, assignment, or encumbrance of the structured settlement payment rights.
Authored By: Rep. Rob Leverett (33rd)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
Page 14 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
HB 445 South Fulton, City of; change corporate boundaries Bill Summary: House Bill 445 changes the corporate boundaries of the city of South Fulton.
Authored By: Rep. Roger Bruce (61st)
Rule Applied:
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 451
Ad valorem tax; property; fair market value applicable to inventor; provisions
Bill Summary: House Bill 451 amends O.C.G.A. 48-5-48.1, relating to the tangible personal property inventory exemption, by allowing a taxpayer that claimed the finished goods inventory exemption for the 2020 tax year to have the option for the 2021 tax year to claim the exemption using the fair market value of finished goods as of January 1, 2020 or January 1, 2021.
Authored By: Rep. Eddie Lumsden (12th)
Rule Applied: Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 454
Insurance; certain coverage requirements concerning providers that become out-of-network during a plan year; provide
Bill Summary: House Bill 454 requires an insurer to reimburse a provider at the most recent innetwork rates for 180 days after a provider's contract terminates or until the last day of a person's coverage, whichever is sooner, if the insurer's provider directory included a provider as a participating provider during the open enrollment period. During a public health emergency and for 150 days after the expiration of the public health emergency, the bill prohibits an insurer from terminating a provider from the insurer's network and requires in-network reimbursement rates to be maintained. This bill is effective on January 1, 2022.
Authored By: Rep. Mark Newton (123rd)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 458
Georgia Composite Medical Board; require certain training relating to sexual misconduct for members
Bill Summary: House Bill 458 requires all newly appointed board members of the Georgia Composite Medical Board to participate in training and education to support greater understanding of sexual misconduct, sexual boundaries, and impacts of trauma and implicit bias within three months of such appointment. All board members in office as of January 1, 2022, will be required to participate in this training by March 30, 2022.
On or after January 1, 2022, continuing education requirements for dentists will include legal ethics and professionalism in the practice of dentistry. These new requirements will include: education and training regarding professional boundaries; and unprofessional conduct relating to the commission of acts of sexual intimacy, abuse, misconduct, or exploitation.
Additionally, this bill authorizes the board to refuse a license, certificate, or permit and issue discipline for members who have pleaded guilty or were found guilty by a court of law of committing a sexual assault on a patient. If the board finds that the public health, safety, or welfare imperatively requires emergency action pursuant to an alleged sexual assault on a patient by a licensee, the board may suspend a license, pending proceedings for revocation or other action.
On or after January 1, 2022, all physicians will be required to receive one-time education and training, for a minimum of two hours, regarding professional boundaries and physician sexual misconduct. This education and training will include subject matter on how to proceed with basic as well as sensitive or intimate examinations and the effective communication techniques with patients.
No later than January 1, 2022, the board will develop and identify education resources and materials for physicians, board members, and board staff to support greater understanding of sexual misconduct, sexual boundaries, and impacts of trauma and implicit bias. On or after June 30, 2022, this same type of education and training applies to each medical or osteopathic school in good standing with the board.
Page 15 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
Furthermore, House Bill 458 requires physicians, registered professional nurses, licensed practical nurses, and physician assistants to report the name of a physician to the board if such provider has reasonable cause to believe that the physician committed a sexual assault. No provider required to report a physician to the board, who in good faith either reports or fails to report, will be subject to civil or criminal liability or discipline for unprofessional conduct.
Any provider required to report a physician to the board who knowingly and willfully fails to do so will be subject to a fine of no less than $1,000, or greater than $5,000, as determined by such provider's licensing board. Law enforcement officers investigating cases of alleged sexual assaults on a patient by a physician are authorized to send pertinent and confidential records on such cases to the board.
The board will compile a report to the governor and General Assembly on January 1 of each year on the number of physicians the board has conducted sexual assault investigations on and the outcome of such investigations. In no event will any identifying information be included in this report for investigations that exonerated the physician, or did not result in the refusal, revocation, or suspension of a license, or a private or public disciplinary order.
Authored By: Rep. Sharon Cooper (43rd)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
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
Bill Summary: House Bill 465 allows a local government to establish ordinances requiring alarm system contractors to pay fines or fees as a result of a false alarm only when the false alarm is attributed to the alarm system contractor's error. If the false alarm was not due to the contractor's error, the local government may hold the alarm user responsible for any fines, fees, or other penalties related to the false alarm.
Authored By: Rep. Joseph Gullett (19th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 466
Motor vehicles; number of required hours in the intervention component of DUI Alcohol or Drug Use Risk Reduction Programs; reduce
Bill Summary: House Bill 466 lowers the required course hours from 20 to 16 for intervention programs related to the use of alcohol or drugs while driving. The bill allows for driver education training courses and driver training courses to be conducted in-person, online, or via remote participation platforms.
The bill allows, in specified instances, driver training schools and public or private high schools to administer the skills test required for a commercial driver's license. The Department of Driver Services commissioner is authorized to issue a special license to qualified driver training school instructors allowing them to serve as driver's license examiners and conduct tests required for the issuance of a driver's license. The bill requires the department to be notified when there is a change in ownership of a driver training school.
Authored By: Rep. Alan Powell (32nd)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 477 Income tax; applications for credit for qualified donations of real property; extend sunset date
Bill Summary: House Bill 477 amends O.C.G.A. 48-7-29.12, relating to the tax credit for the qualified donation of real property, by extending the sunset date from December 31, 2021, to December 31, 2026.
The bill also amends 48-8-19, relating to the exemption of jet fuel from certain taxes and regulatory authority, by removing the sales tax exemption on jet fuel sales on or after July 1, 2021 while maintaining the various suspensions of the sales tax on jet fuel.
Page 16 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
The bill also amends 33-1-25, relating to the 'Georgia Agribusiness and Rural Jobs Act,' by authorizing an additional $50 million to the 2021 allocation of funding to begin August 1, 2021. The bill also increases the application fee from $5,000 to $25,000, establishes an annual maintenance fee of $7,500, and expands the annual reporting requirements for the rural funds to include the fund's total eligible capital investments as a percentage of its total capital investments.
Authored By: Rep. Sam Watson (172nd)
Rule Applied: Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 479 Criminal procedure; revise certain arrest powers; provisions
Bill Summary: House Bill 479 repeals the citizen's arrest statute from the Code, provides instances in which law enforcement officers may make arrest outside of their jurisdiction, and establishes when certain private citizens may detain individuals.
Law enforcement officers may make an arrest for an offense outside of their jurisdiction: if the offense is committed in an officer's presence or within an officer's immediate knowledge; when in immediate pursuit of an offender for an offense committed within the officer's jurisdiction; or while assisting another law enforcement officer in the jurisdiction of the other officer.
Owners and employees of a retail establishment may detain an individual if they reasonably believe that the individual committed, or attempted to commit, theft by shoplifting, refund fraud, or theft by unlawful use of receipts or universal product code labels. The owner or employees of any business entity operating on their own property, or on the property of others on which they are doing business, may detain an individual if they reasonably believe that the individual committed, or attempted to commit, theft by taking or theft of services. Weight inspectors with the motor carrier compliance division of the Department of Public Safety when needed for purposes of his or her duties, and licensed or registered private detective or private security businesses when conducting their business, may detain individuals. Any of these private persons who detain an individual shall either release the individual or contact law enforcement within a reasonable time. Any individual detained by these private persons who is not released shall be surrendered to a law enforcement officer along with any personal belongings removed from the individual.
Nothing in this bill is construed to limit or alter any immunity or defense provided under Article 2 of Chapter 3 of Title 16. Except in circumstances involving use of force in defense of self or others, involving use of force in defense of habitation, or involving use of force to prevent the commission of a forcible felony, any of the private persons provided for in the bill who detain an individual shall not use force intended or likely to cause great bodily harm or death, but may use reasonable force to the extent the private person reasonably believes is necessary to detain the individual.
Code Section 51-7-60, relating to the preclusion of recovery for detention or arrest of persons suspected of shoplifting, is amended to conform to the provisions created by the bill.
Authored By: Rep. Albert Reeves (34th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 480
Property; creation, declaration and priority of liens for labor, services, or materials performed or furnished by registered interior designers; provide
Bill Summary: House Bill 480 amends Part 3 of Article 8 of Chapter 14 of Title 44 of the Code, relating to mechanics and materialmen liens, to establish liens for labor, services, or materials performed or furnished by registered interior decorators.
The bill also amends 43-40-8, relating to the qualifications of applicants for real estate broker licensure, to provide that applicants who maintain a salesperson's license in active status for at least three of the five preceding years, or maintain a broker's license in active status for at least five years to become a broker, are qualified applicants, subject to other qualifications currently in the Code.
Authored By: Rep. Dale Washburn (141st)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
Page 17 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
HB 488
Courts; increase minimum compensation for chief magistrates and others; provide
Bill Summary: House Bill 488 raises the minimum salary and compensation of chief magistrates and clerks of magistrate court. For chief magistrates, the new minimum salary is equal to the previous minimum salary, plus previously-enacted cost-of-living adjustments, plus an additional five percent raise. Monthly minimums for magistrate court clerks are increased by the same percentage.
Authored By: Rep. Mitchell Scoggins (14th)
Rule Applied: Modified-Structured
Motions to Agree As Amended: (A motion to agree as amended sends the bill back to the Senate for consideration.)
HB 498
Ad valorem tax; property; expand an exemption for agricultural equipment and certain farm products
Bill Summary: House Bill 498 amends O.C.G.A. 48-5-41.1, relating to the exemption of qualified farm products and harvested agricultural products from taxation, by adding dairy products and unfertilized eggs of poultry to the list of qualified farm products and by modifying the definition of "family-owned farm entity." Family-owned farm entity is expanded to allow an entity created by the merger or consolidation of two or more entities that would qualify independently as a family-owned farm entity. The bill requires approval by referendum and includes ballot language for the November 2022 election.
The bill also amends 48-8-3, relating to exemptions from sales and use tax, by adding an exemption for sales of mechanically propelled watercraft by a dealer to an individual who resides outside of this state provided that such watercraft is taken immediately outside of the state and exclusively used outside of the state.
Authored By: Rep. Sam Watson (172nd)
Rule Applied: Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 553
State government; participation in hearings by electronic communications; provide
Bill Summary: House Bill 553 amends the 'Georgia Administrative Procedure Act' to allow for administrative law hearings, which were previously permitted to be conducted by telephonic communication, to be conducted using broader electronic communication means. The Office of State Administrative Hearings may require the electronic filing of documents and to serve any party electronically unless law requires alternative means of service. Records of hearings may be made available and transferred by electronic means. The bill also adds the Department of Community Health as a "reviewing agency" under Code Section 50-13-41(d).
Authored By: Rep. Stan Gunter (8th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 562
Criminal procedure; add DFCS case managers to people for whom arrest warrants may be issued only by certain judicial officers
Bill Summary: House Bill 562 requires that an arrest warrant of a Division of Family and Children Services (DFCS) case manager, being brought for an offense alleged to have been committed while in the official's work capacity, be issued by a superior court judge, state court judge, or probate court judge.
Further, the bill allows for a prosecutor, in any criminal case in which there is a jury trial, to move for a change of venue in writing if that prosecutor determines that an impartial jury cannot be impaneled in the county where the alleged crime was committed and either a previous prosecutor has recused himself or herself, been disqualified, or been removed from the cause for cause, or a local government official has publicly released prejudicial information that has the potential to taint the jury pool. The judge has the discretion to transfer the case to any county that is agreed upon by both the defendant and prosecutor.
Authored By: Rep. Kasey Carpenter (4th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
Page 18 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
HB 567
Newborn Screening and Genetics Advisory Committee; create
Bill Summary: House Bill 567 authorizes the Department of Public Health (DPH) to promulgate rules and regulations creating a newborn screening system for the prevention of serious illness, severe physical or developmental disability, and death caused by inherited metabolic and genetic disorders.
Additionally, this bill establishes the Newborn Screening and Genetics Advisory Committee that consists of no less than 11, nor more than 21 members, appointed by the DPH commissioner. This committee will consider and make recommendations to the commissioner related to the inclusion of screening for any disorder added to the federal recommended uniform screening panel within one year of an addition. As part of such recommendations, the advisory committee will advise the commissioner on the estimated cost to DPH for screening for new disorders.
Furthermore, this bill adds a 30 day timeline for health care providers, facilities, and pharmacies to provide access to the Maternal Mortality Review Committee to medical records associated with cases under review.
Authored By: Rep. Sharon Cooper (43rd)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 574
Animals; Companion Local Government Animal Trust Fund for reimbursement of impoundment expenses incurred by local governments; provide
Bill Summary: House Bill 574 creates the Companion Local Government Animal Trust Fund and dedicates no more than $50,000 of collected pet dealer, kennel, stable, and animal shelter fees to the fund, provided the fund's total does not exceed $200,000. Local governments may apply for reimbursement of expenses related to impounding more than 29 dogs or cats or more than nine equines as part of an investigation. The Department of Agriculture determines which expenses are reasonably and appropriately incurred and qualify for reimbursement. The department shall retain up to $10,000 for the administration of the fund and develop rules and regulations. The commissioner shall provide a report on the fund to the House and Senate Agriculture and Consumer Affairs committees by February 1 of each year. The fund stands abolished on July 1, 2031.
Authored By: Rep. Beth Camp (131st)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 575
Ad valorem tax; authorize on premises processing and marketing of agricultural products as a qualifying conservation use
Bill Summary: House Bill 575 adds a new Code section relating to Local Option Sales Taxes that allows any consolidated government created by the consolidation of a county and one or more municipalities to impose an addition one percent local option sales tax. The additional one percent must be approved by a resolution of the governing authority of the consolidated government. A referendum on the additional one percent must also be approved. Following the imposition of the additional tax, the consolidated government imposing the tax must reduce the millage rate for ad valorem taxation of tangible property. For the year following the initial year of imposition, the millage rate for ad valorem taxation must be reduced by five mills and for the following years, the millage rate for ad valorem taxation must be reduced by an amount that in aggregate equals the amount of revenue generated by the additional one percent local option sales tax. The additional one percent expires after five years and must be approved by referendum to be continued.
Authored By: Rep. Robert Dickey (140th)
Rule Applied: Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 577
Highways, bridges, and ferries; proposal guaranty for bids upon certain projects; provide
Bill Summary: House Bill 577 is the Georgia Department of Transportation's annual housekeeping bill. Section One requires the Board of Natural Resources to provide rules and regulations containing specific criteria for approval or denial by the director of requests for variances for road construction and maintenance projects undertaken by GDOT.
Page 19 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
Sections Two and Three require bids for capital construction or capital maintenance to be accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the department treasurer for an amount deemed necessary by the department to ensure that the successful bidder will execute the contract on which he or she bid.
Section Four, related to airport licensing, is updated for public airports. The legislation establishes the distinction between public and private airports and removes the requirement for consultation with the Georgia Aviation Trades Association in the establishment of minimum standards and promulgation of rules relating to airport licensure. HB 577 makes it unlawful to operate an airport that is open to the public for general aviation purposes without first obtaining and then maintaining a valid license. The bill establishes the process for the department's ability to take action against violators as well as provides penalty for violating the requirement to have a license to operate.
Section Five updates the Code relating to the State Road and Tollway Authority and conduit bonds issued for public private partnership projects.
Section Six clarifies that the maximum speed limit in any urban area is 30 miles per hour unless otherwise designated by appropriate signs. In order for a posted speed limit to be higher than 30 miles per hour in an urban district, a traffic and engineering study is required.
Authored By: Rep. Kasey Carpenter (4th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 588
Transportation; eligible expenditures; Georgia Freight Railroad Program; provisions
Bill Summary: House Bill 588 updates Georgia's Code section on projects completed as a public private partnership (P3) by defining what constitutes a public benefit. Projects that provide public benefit are those that result in enhanced public safety; enhanced mobility of goods; congestion mitigation; enhanced trade and economic development; improved air quality or land use; a reduction of public expenditures due to improved transportation efficiency or infrastructure preservation; and other public benefits identified and approved by a majority of the State Transportation Board. The legislation requires that the public benefit also align with goals in the statewide strategic transportation plan or the state's freight plan defined in federal code.
House Bill 588 authorizes the Georgia Department of Transportation to utilize an alternative contracting method for project delivery that includes either an agreement in which a construction manager/general contractor performs two phases of work which include preconstruction and construction services; a predevelopment agreement that has one or more contractors collaborate with the department on one or more projects for the conceptual, preliminary, and final planning for projects, and to perform if elected by the department, the construction work; or a comprehensive development agreement that allows for expedited project delivery through the concurrent design and construction of a project under a single multiphase contract that requires the contractor to collaborate to advance development of the project concept, perform the design and construction services, and perform any operations or maintenance work required for the project. In selecting an alternative contracting method, the department must consider codified criteria, and when chosen, the method/project proposal must be approved by the state transportation board. Additionally, every five years the department must report to the governor, lieutenant governor, speaker of the House, and each chamber's transportation committee members detailing all contracts executed to deliver an alternative contracting method and the benefits realized in utilizing that method.
The legislation amends the definition of a P3 project to include intermodal rail-related and multimodal transportation solutions deemed appropriate for letting by the Georgia Department of Transportation (GDOT).
GDOT staff is required under this law to identify and report in odd numbered years to the board potential undertakings best suited for delivery under Georgia's letting procedures Code section related to public private partnerships that are expected to provide the greatest public benefit, reflective of the new definition of "public benefit."
Page 20 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
House Bill 588 dedicates the collection of sales and use tax on fuel used exclusively for the operation of locomotives to GDOT for use exclusively on freight and logistics projects as defined in the bill. Each year, by February 1, GDOT submits a report accounting for the funds received and expended to the House and Senate Transportation Committees, as well as members of the public upon request. This dedication is subject to all conditions imposed by the Constitution of Georgia and is not operational should this provide for the dedication of state revenues in an amount that is equal to or exceeds one percent of the total state revenues based on the previous fiscal year's state revenues that were subject to appropriations.
Finally, HB 588 amends the Code relating to highway impact fees and hotel/motel fees so that if any time the amount collected is not appropriated for two fiscal years to transportation purposes with up to ten percent of such amount appropriated to transit projects, as determined by the House Budget and Research Office and Senate Budget and Evaluation Office, then the amount collected is reduced by 50 percent. Upon the conclusion of a third fiscal year where the appropriation requirements are not met, the collection ceases. The bill requires the budget offices to certify lack of appropriation to the Code Revision Commission for the purpose of updating the Code in accordance with the reduction practices outlined in the bill.
Authored By: Rep. Rick Jasperse (11th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 591
Mental health; marriage and family therapists to perform certain acts which physicians and others are authorized to perform; authorize
Bill Summary: House Bill 591 authorizes licensed marriage and family therapists to admit individuals for involuntary evaluation of mental or substance use disorders. Additionally, this bill requires emergency receiving facilities to report a variety of de-identified and aggregated data related to 1013s to the Department of Behavioral Health and Developmental Disabilities.
No later than February 15, 2023, and annually thereafter during each legislative session, the department will prepare a report to the General Assembly, the governor, the president of the Senate, and the speaker of the House. The report will include the following data from the previous calendar year received from each emergency receiving facility.
Authored By: Rep. Don Hogan (179th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 611
State government; definition of small business; change
Bill Summary: House Bill 611 divides the state "small business" definition into three tiers. Tier One has 10 or fewer employees or $1 million or less in gross receipts per year. Tier Two has 100 or fewer employees or $10 million or less in gross receipts per year. Tier Three has 300 or fewer employees or less than $30 million or less in gross receipts a year. The bill also amends Chapter 7 of Title 50 of the Code, relating to the Department of Economic Development, by defining innovation, innovative product, and start-up. "Innovation" means the use of a new idea, a new or emerging technology, or a new use of existing technology to address a problem, provide a benefit, or offer a product or service. "Innovative product or service" means a product or service that includes an innovation. "Start-up" is an entity that offers an innovative product or service as its principal function; is registered as a business in the state; has its principal place of business in the state; and was created or developed by one or more people who have never owned more than 25 percent of any business that has had more than $100,000 in gross receipts in a single year.
Authored By: Rep. Mike Cheokas (138th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 617
Postsecondary education; student athletes may receive compensation for use of name, image, or likeness; provide
Bill Summary: House Bill 617 creates O.C.G.A. 20-3-680 to allow student athletes to receive compensation for the use of the athlete's name, image, or likeness as long as such compensation is not
Page 21 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
in exchange to attend, participate, or perform at a particular postsecondary education institution. HB 617 requires the postsecondary institution to provide a financial literacy and life skills workshop at the beginning of the student's first and third academic years.
House Bill 617 allows team contracts to provide for pooling up to 75 percent of the student athlete's compensation for their name, image, or likeness for the benefit of student athletes previously enrolled at the same institution. This legislation will remain in effect until a federal law is passed relating to student athlete compensation; rules, polices, or regulations are adopted pertaining to such compensation; or until June 30, 2025, at which time this legislation stands repealed.
Authored By: Rep. Chuck Martin (49th)
Rule Applied: Modified-Structured
Motions to Agree As Amended: (A motion to agree as amended sends the bill back to the Senate for consideration.)
HB 619
Heritage trust program; sale of Patrick's Fishing Paradise to a private entity; authorize
Bill Summary: HB 619 allows for the removal of a heritage preserve designation from land known as "Patrick's Fishing Paradise" to allow the Department of Natural Resources to convey the property to a private entity. The conveyance is subject to the approval of the General Assembly and the State Properties Commission.
Authored By: Rep. Penny Houston (170th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 631
Georgia Crime Information Center; develop a system to collect information on an individual's ability to communicate with law enforcement or emergency responders; provisions
Bill Summary: House Bill 631 establishes the authorization for the Georgia Emergency Communications Authority to provide assistance to any requesting public safety answering point, with its locally managed processes, the collection, storage, retrieval, and dissemination of information, voluntarily submitted, indicating that an individual has a physical, mental, or neurological condition which impedes their ability to communicate with a law enforcement officer or emergency responder. These locally managed processes would be regarded as Logan's List.
Authored By: Rep. Mike Cheokas (138th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
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
Bill Summary: House Bill 635 allows superior, state, probate, and magistrate court judges to perform any lawful, judicial act from any location. Previously, the Code required such judges to be physically located in Georgia to perform such acts. A judge's ability to conduct courts of inquiry by audio-visual communication is expanded.
The bill also authorizes superior and state courts to hold any court session in an alternative facility that is deemed to be in the best interest of the public by county governing authorities; with considerations of travel burden being paramount. Such alternative facilities must be within the same county or an adjoining county and be open and accessible to the public. Criminal jury trials may only be conducted in an alternative location if the governing authority owns the facility or has a contractual relationship with the alternative location.
Superior courts of counties with a state court that utilizes courtrooms outside of the county site may only hold court sessions outside of the county site if the chief judge enters a written order to hold the session outside the county site. The order must include a finding as to why it is impracticable to hold the session at the county site and a judge of the state court enters a written order consenting for the session to be held in the courtroom of the state court. Such off-site sessions shall not affect the place of filing for superior court documents. Any state court making courtroom space available to the superior court is authorized to hold sessions of state court in the superior court facilities.
In counties where the county site is located in an unincorporated area and the governing authority
Page 22 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
determines that building a courthouse annex or satellite courthouse outside of the county site is in the best interest of the public, the state and superior courts of such counties are authorized to conduct any court sessions, grand juries, or other related business of the courts at such sites.
The bill also allows for a defendant to waive his or her right to a jury trial, so long as the defendant is not being tried for the death penalty or a serious violent felony, and have the case tried by the presiding judge as a bench trial. While a prosecuting attorney's objection to this waiver does not preclude the court from granting the defendant's request for the waiver, the court maintains the discretion to order a jury trial regardless of the waiver. Procedurally, when the defendant makes the waiver, the court shall advise the defendant about the right to a trial by jury; the differences between the types of trial; and inquire as to whether the waiver is being made knowingly, intelligently, and voluntarily.
A district attorney may file an accusation without convening a grand jury, provided the accusation is not a serious violent felony and meets other requirements. The defendant must have expressly waived a commitment hearing, been released on bond pending a commitment hearing, been confined in jail for at least 45 days since his or her arrest, and there must have been a finding of probable cause. The felony violations that fall within this section are revised to include crimes falling under O.C.G.A. 1613-30 relating to the purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana. The provisions of this section shall sunset on June 30, 2022.
Authored By: Rep. Rob Leverett (33rd)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 714
Georgia Civil Practice Act; revise and provide for new requirements
Bill Summary: House Bill 714 amends the 'Georgia Civil Practice Act' to provide that the material terms currently required to be contained in a settlement offer for personal injury claims arising from a motor vehicle collision shall be the only required terms for such settlement offer, unless the parties otherwise agree to include additional terms. When making an offer to settle, the offeror must include medical or other records related to the claim that are in the offeror's possession and are sufficient to allow the recipient to evaluate the claim. An offer to settle may also include a requirement that a recipient provide a statement, under oath, that all liability and casualty insurance issued by the recipient that provides or may provide coverage for the claim at issue has been disclosed to the offeror or claimant.
Settlement offers for personal injury claims arising from a motor vehicle collision must now also include an address, facsimile number, or email address to which a written acceptance may be provided. Any payment requirement included in a settlement shall not have a payment deadline of less than 40 days from the receipt of the offer.
Code Section 33-7-11, relating to motor vehicle insurance, is amended to allow an insured party to collect either 25 percent of the recovery or $25,000, whichever is greater, from an insurer if the insurer refuses in bad faith to pay the insured after the insured makes a demand to be paid. Currently, the Code limits an insured party from collecting above 25 percent of the recovery.
The bill also amends the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965' to provide that any actions brought under the act may be brought in the state court of Fulton County, in addition to the superior court of Fulton County.
Authored By: Rep. Trey Kelley (16th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
HB 759 Thunderbolt, Town of; levy an excise tax Bill Summary: House Bill 759 authorizes the town of Thunderbolt to levy an excise tax.
Authored By: Rep. Jesse Petrea (166th)
Rule Applied:
Motions to Agree: (A motion to agree represents final passage of the bill.)
Page 23 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
HR 130 Board of Community Affairs; approving transfer of Forsyth County from Georgia Mountains Regional Commission to Atlanta Regional Commission; ratify action
Bill Summary: House Resolution 130 ratifies and approves the transfer of Forsyth County from the Georgia Mountains Regional Commission to the Atlanta Regional Commission.
Authored By: Rep. Lauren McDonald (26th)
Rule Applied: Modified-Open
Motions to Agree: (A motion to agree represents final passage of the bill.)
HR 142 Property; conveyance of certain state owned property; authorize
Bill Summary: House Resolution 142 is a conveyance resolution for properties located in five counties, conveying property owned by the state of Georgia or amending those conveyances, as follows:
Article 1 amends the lease of approximately 754.105 acres, known as the Walter Williams Park, between the state of Georgia and Baldwin County, for a consideration of $250 and the Georgia Forestry Commission reserving timber rights over the entire leased area.
Article 2 conveys approximately 0.023 of an acre for right-of-way, 0.010 of an acre easement, and 0.029 of acre as a temporary easement, being a portion of the Augusta Technical College in Columbia County, under the custody of the Technical College System of Georgia, to the Department of Transportation for the reconstruction of a portion of SR 388/Horizon South Parkway for $12,850.
Article 3 surpluses approximately 115 acres of real property, commonly known as the Bainbridge PSATC in the Decatur County, under the custody of the Department of Corrections by competitive bid for fair market value; or to a local government or state entity for fair market value; or to a local government or state entity for a consideration of $10 so long as the property is used for public purpose in perpetuity; and other considerations and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
Article 4 surpluses approximately 0.005 of an acre of real property in Fulton County, commonly known as the Yellow Lot, under the custody of the Department of Economic Development to the Georgia Department of Transportation for a total consideration of $11,500 and such other consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the state of Georgia.
Article 5 surpluses approximately 2.144 acres of improved property in Hall County, commonly known as the Henderson Well, under the custody of the Department of Community Affairs and the Georgia Environmental Finance Authority, to a local government, state entity, or competitive bid for fair market value.
Authored By: Rep. Gerald Greene (151st)
Rule Applied: Modified-Open
Motions to Agree: (A motion to agree represents final passage of the bill.)
HR 143
Property; granting of non-exclusive easements; authorize
Bill Summary: HR 143 authorizes the granting of non-exclusive easements for the construction, operation, and maintenance of facilities, utilities, roads, and ingress and egress in, on, over, under, upon, across, or through property owned by the state of Georgia in the counties of Barrow, Bartow, Bibb, Camden, Carroll, Chatham, Glynn, Harris, Macon, Montgomery, Murray, Paulding, Polk, Rabun, Talbot, Troup, Walton, Ware, and Washington, as follows:
Article 1 grants an easement to the Granite-Active Networks or its successors and assigns over approximately .25 of an acre in Barrow County under the custody of the Georgia Department of Natural Resources for the construction, installation, operation, and maintenance of high-speed internet cable to serve the Park Kiosk and Visitors Center at Fort Yargo State Park for $10.
Article 2 grants an easement to Southern Company Gas or its successors and assigns over approximately 0.2 of an acre in Bartow County under the custody of the Technical College System of Georgia for the construction, installation, operation, and maintenance of underground gas distribution
Page 24 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
lines to serve the Center for Advance Manufacturing Emerging Technologies Building (TCSG-350) at the North Metro Campus of Chattahoochee Technical College for $10.
Article 3 grants an easement to Southern Company Gas or its successors and assigns over approximately 0.2 of an acre in Bartow County under the custody of the Technical College System of Georgia for the construction, installation, operation, and maintenance of underground gas distribution lines to serve the Center for Advance Manufacturing Emerging Technologies Building (TCSG-350) at the North Metro Campus of Chattahoochee Technical College for $10.
Article 4 grants an easement to Georgia Power Company or its successors and assigns over approximately 0.14 of an acre in Bibb County under the custody of the Department of Defense for the construction, installation, operation, and maintenance of overhead and underground electrical transmission lines and associated equipment to serve Building #4, Dining Facility at the Macon Readiness Center for $10.
Article 5 grants an easement to Okefenokee Rural Electric Membership Corporation or its successors and assigns over approximately 16.08 acres in Camden County under the custody of the Coastal Resources Division for the construction, installation, operation, and maintenance of electrical transmission lines and associated equipment to serve Cumberland Island for $12,100.
Article 6 grants an easement to Southern Company Gas or its successors and assigns over approximately 0.28 of an acre under the custody of the Technical College System of Georgia for the construction, installation, operation, and maintenance of underground gas distribution lines to serve the Classroom and Library Building (TCSG-265) at the Camden County Campus of Coastal Pines Technical College for $10.
Article 7 grants an easement to Carroll Electric Membership Corporation or its successors and assigns over approximately 1.36 acres in Carroll County under the custody of the Technical College System of Georgia for the construction, installation, operation and maintenance of underground electrical distribution lines and associated equipment to serve the new campus of West Georgia Technical College (TCSG-349) at West Georgia Technical College for $10.
Article 8 grants an easement to Atlanta Gas Light or its successors and assigns over approximately 0.28 of an acre in Chatham County under the custody of the Department of Economic Development for the construction, installation, operation, and maintenance of underground gas lines to serve the Savannah Trade Center for $10.
Article 9 grants an easement to International Paper - Port Wentworth Facility, or its successors and assigns over approximately 0.15 of an acre of water bottoms in the Savannah River in Chatham County, under the custody of the Georgia Department of Natural Resources, Coastal Resources Division for the construction, installation, operation and maintenance of the underwater diffuser for fair market value not less than $650, the agreement by International Paper to seek any necessary permits through, and otherwise comply with, the Coastal Marshlands Protection Act of 1970, O.C.G.A. 12-5-280, et. seq., and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the state of Georgia.
Article 10 grants an easement to the City of Savannah or its successors and assigns over approximately 0.38 of an acre in Chatham County under the custody of the Department of Economic Development for the construction, installation, operation, and maintenance of underground water and sanitary sewer lines to serve the Savannah Trade Center for $10.
Article 11 grants an easement to Georgia Power Company or its successors and assigns over approximately 0.27 of an acre in Chatham County under the custody of the Department of Economic Development for the construction, installation, operation, and maintenance of electrical transmission lines and associated equipment to serve the Savannah Trade Center for $10 and the abandonment and conveyance of the relocated easement area to the state.
Article 12 grants an easement to AT&T or its successors and assigns over approximately 3.24 acres in Chatham County under the custody of the Georgia Department of Natural Resources for the
Page 25 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
construction, installation, operation, and maintenance of aerial and underground communications cables to serve the Wormsloe Visitor Center and the University of Georgia buildings on the south end of the Wormsloe Historic Site for $10.
Article 13 grants an easement to Georgia Power Company or its successors and assigns over approximately 0.09 of an acre in Chatham County under the custody of the Georgia Bureau of Investigation for the construction, installation, operation, and maintenance of the underground distribution lines and transformer to serve the new Special Operations Building for $10.
Article 14 grants an easement to Comcast or its successors and assigns over approximately 0.70 of an acre in Chatham County under the custody of the Department of Natural Resources for the construction, installation, operation, and maintenance of high-speed internet and phone cables to serve the new Park Visitors Center at Skidaway Island State Park for $10.
Article 15 grants an easement to Glynn County or its successors and assigns over approximately 13.99 acres in Glynn County under the custody of the Department of Natural Resources for the construction, installation, operation, and maintenance of a paved road for access and to install culverts for drainage improvement at Sansavilla Wildlife Management Area and Clayhole Swamp Wildlife Management Area for $10.
Article 16 grants an easement to Diverse Power Company or its successors and assigns over approximately 0.69 of an acre in Harris County under the custody of the Department of Natural Resources for the construction, installation, operation, and maintenance of power lines and associated equipment to serve Franklin D. Roosevelt State Park for $10 and the abandonment and conveyance of approximately 0.83 of an acre easement area to the state.
Article 17 grants an easement to CitySwitch II-A, LLC, or its successors and assigns over approximately 0.60 of an acre in Harris County, at Franklin D. Roosevelt State Park, under the custody of the Georgia Department of Natural Resources, for access and the construction, installation, operation and maintenance of a tower for telecommunication for fair market value not less than $650, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the state of Georgia.
Article 18 grants an easement to Flint Electric Membership Corporation or its successors and assigns over approximately 0.211 of an acre in Macon County under the custody of the Department of Education for the construction, installation, operation, and maintenance of electrical transmission lines and associated equipment to serve the new caretaker's residence at Camp John Hope for $10.
Article 19 grants an easement to Altamaha Electric Membership Corporation or its successors and assigns over approximately 0.12 of an acre in Montgomery County under the custody of the Department of Corrections for the construction, installation, operation, and maintenance of overhead electrical transmission lines and associated equipment to serve a new egg-laying facility at Montgomery State Prison for $10.
Article 20 grants an easement to Georgia Power Company or its successors and assigns over approximately 0.35 of an acre in Murray County under the custody of the Department of Natural Resources for the construction, installation, operation, and maintenance of power lines and associated equipment to improve power reliability between Georgia Power Company's Chatsworth and Gravitt substations for fair market value not less than $650.
Article 21 grants an easement to Ronald Collum or its successors and assigns over approximately 2.48 acres in Paulding and Polk counties under the custody of the Department of Natural Resources for the construction, installation, operation, and maintenance of a road for ingress and egress at Paulding Forest Wildlife Management Area in exchange for Ronald Collum conveying access easements of over 2.51 acres to the state.
Article 22 grants an easement to Amanda Anne Hall, Margie J. Deer, Sally J. Grose, and Nollie Leigh Motes, or their successors and assigns over approximately 2.02 acres in Rabun County under the custody of the Department of Natural Resources for the construction, installation, operation, and
Page 26 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
maintenance of utilities and a road for ingress and egress for fair market value not less than $650.
Article 23 grants an easement to Upson Electric Membership Corporation or its successors and assigns over approximately one acre in Talbot County under the custody of the Department of Natural Resources for the construction, installation, operation, and maintenance of underground and overhead electrical distribution lines and associated equipment to serve Big Lazer Wildlife Management Area for $10.
Article 24 grants an easement to the City of LaGrange or its successors and assigns over approximately two acres in Troup County under the custody of Technical College System of Georgia for the construction, installation, operation, and maintenance of telecommunication lines to serve the East Campus of West Georgia Technical College for $10.
Article 25 grants an easement to Walton Electric Membership Corporation or its successors and assigns over approximately 0.5 of an acre in Walton County under the custody of the Department of Natural Resources for the construction, installation, operation, and maintenance of aboveground electrical distribution lines and associated equipment to serve the Wildlife Resources Division headquarters at the Walton Fish Hatchery for $10 and the conveyance of approximately 0.41 of an acre of an existing easement to be relocated.
Article 26 grants an easement to Ware County or its successors and assigns over approximately 0.08 of an acre under the custody of the Department of Community Supervision for the construction, installation, operation, and maintenance of road improvements along RC Davis Road at the Waycross Day Reporting Center for fair market value not less than $650.
Article 27 grants an easement to Southern Company Gas or its successors and assigns over approximately 1.06 acres in Washington County under the custody of the Technical College System of Georgia for the construction, installation, operation, and maintenance of underground gas distribution lines to serve the Transportation Center (TCSG-342a) at Oconee Fall Line Technical College for $10.
Authored By: Rep. Gerald Greene (151st)
Rule Applied: Modified-Open
Motions to Agree: (A motion to agree represents final passage of the bill.)
HR 144 Katie Poff Memorial Interchange; Baldwin County; dedicate Bill Summary: House Resolution 144 is the annual House road dedication bill. Included are the following resolutions:
HR 144, dedicating the intersection at State Route 49 and Blandy Road in Baldwin County as the Kathryn Poff Memorial Intersection;
HR 22, dedicating the interchange at State Route 81 and State Route 316/US 29 in Barrow County as the Judy Hill Loftin, LPC Memorial Interchange;
HR 32, dedicating the bridge on State Route 515 at Turniptown Creek in Gilmer County as the Cecil Mathews Memorial Bridge;
HR 54, dedicating the portion of State Route 8 from the Gwinnett/Barrow County line to Cedars Road in Gwinnett County as the Jimmy Wilbanks Highway;
HR 145, dedicating the bridge on State Route 22 adjacent to 603 West Montgomery Street in Baldwin County as the Dennette Odum Jackson Memorial Bridge;
HR 148, dedicating the intersection at US 27 and Commerce Street in Chattooga County as the Probate Judge Jon Payne Memorial Intersection;
SR 27, dedicating the portion of Interstate 285 from 1/2 mile east and 1/2 mile west of the North Peachtree Road Interchange in DeKalb County as the Dr. Charles F. Stanley Highway;
Page 27 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
SR 88, dedicating the intersection at SR 299 and US 11 in Dade County as the Sheriff Philip Street Memorial Intersection;
SR 96, dedicating the intersection at Chickamauga Avenue and Spring Street in Walker County as the Charles R. Lusk Memorial Intersection;
SR 112, dedicating the intersection at U.S. 27 and Osburn Road in Walker County as the Sergeant Henry "Gene" Mullis Memorial Intersection;
SR 138, dedicating the portion of State Route 154 from Polaris Way SW to Interstate 285 in Fulton County as the Henry "Hank" Louis Aaron Memorial Highway;
SR 149, dedicating the portion of State Route 20 from 1/2 mile west to 1/2 mile east of Sutallee Baptist Church in Cherokee County as the Pastor Billy Edmondson Highway;
SR 179, dedicating the portion of Interstate 285 from Exit 30 in DeKalb County to the Fulton County line as the Senator Fran Millar Highway;
SR 176, dedicating the bridge on State Route 80 over Baker Creek at the Talbot/Muscogee County line as the Corporal Mark Prevatt Memorial Bridge;
SR 193, dedicating the intersection of State Route 365 and Lanier Tech Drive in Hall County as the J.A. "Big Jim" Walters Intersection;
SR 205, dedicating the portion of State Route 108 from 1/2 mile to the east and west of Pleasant Arbor Road in Cherokee County as the Dr. Austin Flint Highway;
SR 247, dedicating the portion of State Route 61 north of Old Cartersville Road to the Bartow County line in Paulding County as the Chairman Jerry Shearin Highway;
SR 256, dedicating the bridge on State Route 13 over Flat Creek in Hall County as the Dave Anderson Memorial Bridge;
SR 264, dedicating the intersection of U.S. 27 and Round Pond Road in Walker County as the Navy Lieutenant Commander Hugh Lester Campbell Memorial Intersection; and
SR 299, dedicating the portion of State Route 20 from 1/2 mile East and West of the Georgia National Cemetery in Cherokee County as the Veterans Memorial Highway.
Authored By: Rep. Ricky Williams (145th)
Rule Applied: Modified-Open
Motions to Agree: (A motion to agree represents final passage of the bill.)
SB 59
Education; additional QBE funding for each full-time equivalent student within a local charter school; provide
Bill Summary: Senate Bill 59 amends O.C.G.A. 20-2-165.1 to allow additional funding for local charter schools for each full-time equivalent student within the local charter school. The State Board of Education shall directly allocate the amount of appropriated funds to each local charter school. Local charter schools may not waive early intervention program requirements in local school system flexibility contracts. Local charter schools may elect to participate in the State Health Benefit Plan upon creation or upon contract renewal. Local school boards and local charter schools will collaborate and agree on specific ways all or part of the proportionate amount of federal funds owed to the local charter school is allocated to the charter school through in-kind services.
Authored By: Sen. John Albers (56th)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
Page 28 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
SB 165
Motor Vehicles; autonomous vehicles from certain vehicle equipment requirements; exempt
Bill Summary: Senate Bill 165 allows for the display of either an amber strobe light or a specified emblem to indicate a low-speed vehicle in certain instances. The bill requires county tag agents to issue any required permits for low-speed vehicles at the time of vehicle registration. The bill reduces the registration fee for an alternative fueled, low-speed vehicle to $100.
Authored By: Sen. Steve Gooch (51st)
Rule Applied: Modified-Structured
Motions to Agree: (A motion to agree represents final passage of the bill.)
Motions to Disagree
HB 68 Professions and businesses; certain military certifications; extend time to qualify
Bill Summary: House Bill 68 extends the deadline for current or former members of the military to apply for immediate issuance of a state license or certification from the applicable regulatory board from 180 days after his or her discharge to two years. This bill also provides the applicable licensing board with discretion by allowing the board to extend the two-year period via a rule or regulation or on an individual-case basis if the applicant meets certain circumstances, such as health, hospitalization, or other related emergencies.
Authored By: Rep. Heath Clark (147th)
Rule Applied: Modified-Structured
Motions to Disagree: (A motion to disagree sends the bill back to the Senate for consideration.)
HB 449
Georgia Utility Facility Protection Act; revise
Bill Summary: House Bill 449 revises the 'Georgia Utility Facility Protection Act' in order to enhance the processes for locate requests of underground utility facilities or infrastructure and to require that 9-1-1 be contacted if an excavator damages a gas or hazardous liquid pipeline.
The bill also sets a limitation on the recovery of costs of damages and establishes a statute of limitations on enforcement. An investigation of any damages will be initiated by the completion of the next business day following the repair of the reported damage, and all repair invoices must be sent to the excavator within 90 days. The person held liable will be responsible for all costs incurred by the facility owner or operator in repairing or replacing the damaged facilities, excluding betterments, which means an upgrade of the facility made for the benefit of the facility and not attributable to the damage. A facility owner or operator who received proper notice of blasting or excavating will be prohibited from seeking claims for damages if no designation of utility facilities or sewer laterals was made prior to the damage being incurred and if the person blasting or excavating complied with O.C.G.A. 25-9-8. Enforcement action must commence within three years of the date that the probable violation was reported to the Public Service Commission.
Authored By: Rep. Vance Smith (133rd)
Rule Applied: Modified-Structured
Motions to Disagree: (A motion to disagree sends the bill back to the Senate for consideration.)
HB 605
Health; provide for authorized electronic monitoring in long-term care facilities
Bill Summary: House Bill 605 allows for the use of authorized electronic monitoring devices in any skilled nursing facility, intermediate care home, assisted living community, or personal care home. A resident or his or her representative must submit to the facility the specified written notification and consent form that is approved by the resident's roommate, if applicable. If a resident's roommate refuses to consent, then the facility shall relocate the resident when able to a comparable room, and the resident may install a video-only electronic monitoring device until relocated.
The bill prohibits a resident's use of a facility's local area network to connect the electronic monitoring device to the internet, unless the facility provides written consent to the resident. A resident may arrange for access to the internet through an internet service provider. For any resident who is authorized to use electronic monitoring, the bill requires the facility to post at the entrance to the resident's room a sign that states in large, easy-to-read type, "This room is electronically monitored."
Page 29 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
No person shall knowingly hamper, obstruct, tamper with, or destroy an electronic monitoring device with the resident's permission, and no recording from an authorized electronic monitoring device may be accessed or disseminated without the permission of the resident or resident's representative. A facility may only move or adjust an electronic monitoring device to ensure it is installed, placed, or used as approved in the consent form.
A copy of a recording that contains alleged evidence for an allegation of neglect, abuse, negligence, or other misconduct must be provided by the resident or resident's representative to the facility upon the facility's written request. There is no requirement for a resident to retain material captured through authorized electronic monitoring.
The bill states that facilities are not liable for privacy violations due to authorized electronic monitoring devices and that facilities cannot discriminate against any current or future resident or roommate for using, requesting, consenting to, or refusing the use of authorized electronic monitoring.
Authored By: Rep. Sharon Cooper (43rd)
Rule Applied: Modified-Structured
Motions to Disagree: (A motion to disagree sends the bill back to the Senate for consideration.)
Rules Calendar
HR 11 House Study Committee on Innovative Ways to Maximize Global Talent; create
Bill Summary: House Resolution 11 creates the House Study Committee on Innovative Ways to Maximize Global Talent in Georgia. The committee will be composed of five representatives appointed by the speaker, one who represents the business community and one who is from a foreignborn community. The speaker shall designate one of the committee appointees as the chairperson. The committee is authorized to meet for no more than five days. The committee shall be abolished on December 31, 2021.
Authored By: House Committee: Floor Vote: Floor Action:
Rep. Wesley Cantrell (22nd) Small Business Development
Yeas: 154 Nays: 0 Adopted (Resolution)
Rule Applied: Committee Action: Amendments:
Modified-Structured 02-09-2021 Do Pass by Committee Substitute
HR 52 Joint Study Committee on Childhood Lead Exposure; create
Bill Summary: House Resolution 52 creates the House Study Committee on Childhood Lead Exposure to examine early intervention and prevention strategies for childhood lead exposure.
Authored By: House Committee: Floor Vote: Floor Action:
Rep. Katie Dempsey (13th) Health & Human Services
Yeas: 158 Nays: 0 Adopted (Resolution)
Rule Applied: Committee Action: Amendments:
Modified-Structured 02-16-2021 Do Pass
HR 222 House Study Committee on Annexation; create Bill Summary: HR 222 creates the House Study Committee on Annexation and Cityhood.
Authored By: House Committee: Floor Vote: Floor Action:
Rep. Victor Anderson (10th) Governmental Affairs
Yeas: 154 Nays: 0 Adopted (Resolution)
Rule Applied: Committee Action: Amendments:
Modified-Structured 03-17-2021 Do Pass by Committee Substitute
SB 20
Child Advocate Advisory Committee; composition; revise Bill Summary: Senate Bill 20 adds three new appointed members to the Child Advocate Advisory Committee, including a current or former foster parent; a former foster child who became an adult or graduated from high school while in Georgia; and an individual who has served for at least three
Page 30 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
years as a court-appointed special advocate.
Authored By: House Committee: Floor Vote:
Sen. Chuck Payne (54th) Juvenile Justice
Yeas: 156 Nays: 0
Rule Applied: Committee Action: Amendments:
Modified-Structured 03-18-2021 Do Pass
SB 27
Professional Licenses; extend the time a member of the military has to qualify for the issuance of a license; electrical contractor, plumber;
Bill Summary: Senate Bill 27 extends the deadline for current or former members of the military to apply for immediate issuance of a state license or certification from the applicable regulatory board from 180 days after his or her discharge to two years. This bill also provides the applicable licensing board with discretion by allowing the board to extend the two-year period via a rule or regulation or on an individual-case basis if the applicant meets certain circumstances, such as health, hospitalization, or other related emergencies.
Authored By: House Committee: Floor Vote:
Sen. Bruce Thompson (14th) Regulated Industries
Yeas: 155 Nays: 0
Rule Applied: Committee Action: Amendments:
Modified-Structured 03-16-2021 Do Pass
SB 46
Health; certain medical personnel to administer vaccines during public health emergencies under certain conditions; authorize
Bill Summary: Senate Bill 46 allows emergency medical technicians and cardiac technicians to administer vaccines during a declared public health emergency upon the order of a duly licensed physician. Additionally, this bill defines "Georgia Registry of Immunization Transactions and Services" or "vaccination registry" as the vaccination registry established by the Department of Public Health.
The definition of "vaccine" is expanded to include: vaccines on the adult immunization schedule recommended by the Advisory Committee on Immunization Practices (ACIP) of the federal Centers for Disease Control and Prevention administered to an individual 18 years of age or older; an influenza vaccine administered to an individual 13 years of age or older; and any vaccine for an illness that has resulted in a public health emergency.
Additionally, this bill requires firefighters to submit to random drug testing at least biannually for the first two years of being licensed or certified. The Georgia Firefighter Standards and Training Council is responsible for establishing rules and regulations for the collection and testing of firefighters. Should a test reveal the presence of drugs, the sample must be tested by a different method to confirm that positive test.
The legislation also amends Code relating to the certification of emergency medical services personnel, paramedics, and cardiac technicians by not disqualifying applicants who have been convicted of a felony more than five years prior, but less than 10 years prior, as long as they have completed required training approved by the Department of Public Health and sponsored by the Department of Corrections, as well as met all other requirements set forth in statute.
Furthermore, this bill authorizes the Department of Public Health to release de-identified data related to the Low Tetrahydrocannabinol (THC) Oil Patient Registry to government entities and others for statistical, research, educational, instructional, drug abuse prevention, or grant application purposes after removing all personal identifiers or any other information that could be used to identify prescribers.
Authored By: House Committee: Floor Vote:
Sen. Dean Burke (11th) Health & Human Services
Yeas: 109 Nays: 56
Rule Applied: Committee Action: Amendments:
Modified-Structured 03-16-2021 Do Pass by Committee Substitute
Page 31 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
SB 115
Drivers' Licenses; instructional course; educating drivers and the public on best practices to implement when interacting with law enforcement officers; provide
Bill Summary: Senate Bill 115 requires the Department of Public Safety, in collaboration with the Georgia Public Safety Training Center, to offer an instructional course to educate drivers on best practices for interacting with law enforcement officers.
The bill allows the local governing body of the city or county whose law enforcement agency is authorized to enforce speed limits to apply for school zone speed enforcement camera permits rather than have each school apply.
Authored By: House Committee: Floor Vote:
Sen. Randy Robertson (29th) Motor Vehicles
Yeas: 98 Nays: 72
Rule Applied: Committee Action: Amendments:
Modified-Structured 03-24-2021 Do Pass by Committee Substitute
SB 120
Solicitors-General of State Courts; honorary office of solicitor-general emeritus; provide
Bill Summary: Senate Bill 120, the 'Ethics in Government Act of 2021,' revises Chapter 5 of Title 21 of the Code. Definitions are provided to clarify terms already in the chapter. Restrictions on the Georgia Government Transparency and Campaign Finance Commission's authority to require additional reporting information are limited to campaign disclosure reports and personal financial statements. The ability for commission staff attorneys to initiate complaints and the commission's ability to initiate investigations based on such complaints are clarified.
No current or former members of the General Assembly shall be eligible to qualify for reelection until and unless all fines and fees owing to the commission have been paid, all disclosure reports due have been filed, and all outstanding taxes have been paid.
Deadlines for the commencement of actions by the commission for alleged violations are specified to coincide with the term of office and the occurrence of the violation, as opposed to the filing of a report containing such violation. Retention periods for accounts maintained by a candidate or treasurer of a campaign committee are clarified. Provisions regarding the allowable disposition of contributions are amended to include the transfer of contributions to political action committees.
The bill makes clear that a candidate may not utilize campaign funds for the purpose of making loans or investments directly to: the candidate; a member of the candidate's family; any business in which the candidate or a member of the candidate's family has an ownership interest; the candidate's trust or a trust of a member of the candidate's family; or any non-profit organization of which the candidate or a member of the candidate's family is on the payroll or has a controlling interest.
Updates of contribution limits by the commission will now be made after each gubernatorial election cycle, instead of each and every election cycle. The bill specifies when a candidate shall be deemed to have advanced to a subsequent election to clarify when the candidate may access contributions made for the subsequent election.
Public officers who have filed a financial disclosure statement within the previous year are exempted from having to submit an affidavit confirming that they took no official action in the previous calendar year that had a material effect on their private financial or business interests. Candidates seeking election as a public officer are now subject to the same requirement to file financial disclosure statements as the incumbent officers. Financial disclosure statements for candidates of statewide elected office shall be accompanied by a financial statement of the candidate's financial affairs for the five calendar years prior to the year that the election is held. The financial disclosure statements must also include the source or sources of the candidate's income.
Finally, the bill clarifies that lobbyists must file supplemental registration prior to any substantial or material change or addition in their registration.
Authored By: House Committee:
Sen. Lindsey Tippins (37th) Judiciary
Rule Applied: Committee Action:
Page 32 of 37
Modified-Structured 03-30-2021 Do Pass by Committee Substitute
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
Floor Vote:
Yeas: 150 Nays: 20
Amendments:
SB 156
Labor and Industrial Relations; appointment, oath, bond, power, duties, and authority of a chief labor officer; provide
Bill Summary: Senate Bill 156 creates the office of the chief labor officer, which has the power to provide timely reports and responses to financial audits of the Georgia Department of Labor and to inquiries from various members of the Georgia legislature. The Commissioner of Labor is required to provide the chief labor officer with the same information that the Department of Labor has access to, and the commissioner is also required to provide the chief labor officer with sufficient staff and resources to fulfill the duties of the office. The chief labor officer has standing to file a mandamus action in Fulton County Superior Court to compel certain actions if he or she contends that the Commissioner of Labor has abused his or her discretion regarding the required resources and staff provided by this bill. The chief labor officer is appointed by the speaker of the House, subject to confirmation by the Senate Committee on Government Oversight. The provisions of this bill shall stand repealed on December 31, 2022.
Further, the bill requires the Commissioner of Labor to submit a weekly report to members of the House and Senate leadership detailing the amount of unemployment claims filed with the department; unpaid claims; number of claims in each stage of the process; inquiries submitted by members of the General Assembly; and unresolved inquiries submitted by the General Assembly. The bill also provides authorization for members of the General Assembly to be granted access to private records pertaining to unemployment compensation claims for constituents if a consent form is signed.
Authored By: House Committee: Floor Vote:
Sen. Marty Harbin (16th) Industry and Labor
Yeas: 142 Nays: 22
Rule Applied: Committee Action: Amendments:
Modified-Structured 03-22-2021 Do Pass by Committee Substitute
SB 164
HIV Tests; modernization of HIV related laws to align with science; provide
Bill Summary: Senate Bill 164 modernizes human immunodeficiency virus (HIV) laws. These revisions ensure that laws and policies support current understanding of best public health practices for preventing and treating HIV, scientific evidence about routes of transmission, and the public health goals of promoting HIV prevention and treatment.
Additionally, this bill provides that persons charged with exposing someone to HIV through sexual acts must express the intent to transmit HIV and pose a significant risk of transmission based on current scientifically supported levels of risk of transmission. Furthermore, this bill removes criminal penalties for people living with HIV who share hypodermic needles or syringes.
Furthermore, this bill exempts any prescription drugs that are approved by the federal Food and Drug Administration from a Schedule I classification. Such prescription drugs will be designated, rescheduled, or deleted as a controlled substance pursuant to Code Section 16-13-22.
Authored By: House Committee: Floor Vote: Floor Action:
Sen. Chuck Hufstetler (52nd) Health & Human Services
Yeas: Nays: Recommit to Rules
Rule Applied: Committee Action: Amendments:
Modified-Structured 03-16-2021 Do Pass
SB 174
Bonds and Recognizances; appointed judges who are fulfilling a vacancy of an elected judge to issue an unsecured judicial release under certain circumstances; authorize
Bill Summary: Senate Bill 174 revises the ability of judges to issue unsecured judicial releases by requiring that the release be noted on the release order and requiring that the person not be charged with a "bail restricted offense" as defined in O.C.G.A. 17-6-12(a)(1). Appointed judges filling the vacancy of an elected judge are also now included within the requirements for unsecured judicial releases. In addition, the definition of "unsecured judicial release" is revised to clarify that it means a release that does not have a dollar amount required to be secured and that is either on a person's own recognizance or for purposes of entering a specified pretrial program.
Page 33 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
The bill adds felony offenses of burglary, entering an automobile with intent to commit theft or felony, and stalking to the definition of "bail restricted offense." Further, the bill adds the misdemeanor offense of "crimes involving family violence", as defined under O.C.G.A. 19-13-1 and the misdemeanor offense of stalking to the definition of "bail restricted offense."
Authored By: House Committee: Floor Vote:
Sen. Steve Gooch (51st) Judiciary Non-Civil
Yeas: 99 Nays: 71
Rule Applied: Committee Action: Amendments:
Modified-Structured 03-25-2021 Do Pass by Committee Substitute
SB 201
Revenue and Taxation; financial institutions to provide certain information related to delinquent taxpayers to the Department of Revenue under certain conditions; require
Bill Summary: Senate Bill 201 adds a new chapter to Article 2 of Chapter 2 of Title 48, relating to the administration of revenue and taxation, which allows the Department of Revenue to request information regarding delinquent taxpayers from financial institutions. The department is limited to four requests per year per financial institution. Within 30 days of receiving a request from the department, the financial institution shall submit a report to the department that identifies any accounts held by the financial institution on behalf of the delinquent taxpayer. The department may pay the financial institution a fee for conducting the required searches that does not exceed the actual costs incurred or $100, whichever is less. The department may enter into agreements with financial institutions to develop and operate an automated data exchange to accomplish the searches. The department may impose a fine of $1,000 on any financial institution that fails to submit a report within 30 days of the request or if the department finds that the financial institution willfully provided false information.
The bill also amends 48-5-359.1, relating to contracts with county tax commissioners to assess and collect municipal taxes and prepare the tax digest, by adding that a county or municipality within any county which contains 14 or more municipalities within such county, may contract for the county tax commissioner to assess and collect municipal taxes in the same manner as county taxes and the amount of the contract shall substantially approximate the cost to the county of providing the service to the municipality.
Authored By: House Committee: Floor Vote:
Sen. Chuck Hufstetler (52nd) Ways & Means
Yeas: 112 Nays: 55
Rule Applied: Committee Action: Amendments:
Structured 03-18-2021 Do Pass by Committee Substitute
SB 204
Education; State Board of the Technical College System of Georgia to award high school diplomas; provide
Bill Summary: SB 204 allows the State Board of the Technical College System of Georgia to award high school diplomas to students who are 16-years old or older through a pilot program known as the Dual Achievement Program. The students must have completed the necessary secondary school coursework requirements set forth by the college in order to receive a diploma. No later than February 1 of each year, the program must provide the General Assembly with a comprehensive report with recommendations on continued use and any needed changes to the program.
Authored By: House Committee: Floor Vote:
Sen. Lindsey Tippins (37th) Higher Education
Yeas: 155 Nays: 14
Rule Applied: Committee Action: Amendments:
Modified-Structured 03-24-2021 Do Pass by Committee Substitute
SB 222 State Symbols; pecan as the official state nut; designate Bill Summary: SB 222 relates to state symbols and designates the pecan as the official state nut.
Authored By: House Committee: Floor Vote:
Sen. Carden Summers (13th)
Rule Applied:
State Planning & Community Affairs Committee Action:
Yeas: 170 Nays: 0
Amendments:
Modified-Structured 03-18-2021 Do Pass
Page 34 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
SB 237
License Plates; specialty license plate supporting members of the United States Army Rangers; establish
Bill Summary: Senate Bill 237 creates a specialty license plate supporting members of the United States Army Rangers.
Authored By: House Committee: Floor Vote:
Sen. Ed Harbison (15th) Motor Vehicles
Yeas: 170 Nays: 0
Rule Applied: Committee Action: Amendments:
Modified-Structured 03-16-2021 Do Pass
SB 256
County Boards of Health; comprehensive reorganization; provide
Bill Summary: Senate Bill 256 provides that the district health director, who is appointed by the commissioner of the Department of Public Health for the health district in which the county is located, serves as the chief executive officer for such county's board of health.
Authored By: House Committee: Floor Vote: Floor Action:
Sen. Dean Burke (11th) Health & Human Services
Yeas: 79 Nays: 92 Failed
Rule Applied: Committee Action: Amendments:
Modified-Structured 03-16-2021 Do Pass
Local Calendar
SB 292 City of Decatur; independent school district ad valorem taxes for educational purposes; provide homestead exemption
Bill Summary: Senate Bill 292 provides for a homestead exemption from city of Decatur independent school district ad valorem taxes for tax years 2022 and 2023 in the amount of $200,000 for residents who are between the ages of 65 and 69 and whose income does not exceed $53,000. An additional exemption is provided for tax years 2022 and 2023 in the amount of $200,000 for residents who are 70 years or older, regardless of income.
Authored By: House Committee: Floor Vote:
Sen. Elena Parent (42nd) Intragovernmental Coordination Local Yeas: 162 Nays: 0
Rule Applied: Committee Action: Amendments:
03-31-2021 Do Pass
SB 300
Tattnall County; compensation and expense supplements of the chairperson and members of the board of commissioners; provisions; change
Bill Summary: Senate Bill 300 changes certain provisions relating to compensation and expense supplements of the Tattnall County Board of Commissioners chairperson and members of the board. Commissioners shall receive $650 per month and the chairperson shall receive $950 per month. Each commissioner shall receive an expense supplement of $600 per month and the chairperson shall receive an expense supplement of $700 per month.
Authored By: House Committee: Floor Vote:
Sen. Billy Hickman (4th) Intragovernmental Coordination Local Yeas: 134 Nays: 16
Rule Applied: Committee Action: Amendments:
03-30-2021 Do Pass
SB 301
City of Carrollton, Georgia; exercise all redevelopment and other powers ; authorize; referendum; effective dates
Bill Summary: Senate Bill 301 authorizes the city of Carrollton to exercise all redevelopment powers in the Constitution and Code.
Authored By: House Committee: Floor Vote:
Sen. Mike Dugan (30th) Intragovernmental Coordination Local Yeas: 162 Nays: 0
Rule Applied: Committee Action: Amendments:
03-31-2021 Do Pass
Page 35 of 37
House of Representatives
Daily Report for March 31, 2021
Today on the Floor
SB 302
Pulaski County; compensation of future county officers; revise
Bill Summary: Senate Bill 302 revises the compensation of future Pulaski County officers. Each officer shall receive the annual minimum salary, supplements, cost-of-living increases, and longevity increases as provided by general law for his or her respective office. The county commissioner shall receive an annual salary equal to the annual minimum salary of the sheriff.
Authored By: House Committee: Floor Vote:
Sen. Larry Walker III (20th) Intragovernmental Coordination Local Yeas: 134 Nays: 16
Rule Applied: Committee Action: Amendments:
03-30-2021 Do Pass
SB 304 Peach County Public Facilities Authority; create Bill Summary: Senate Bill 304 creates the Peach County Public Facilities Authority.
Authored By: House Committee: Floor Vote:
Sen. John Kennedy (18th) Intragovernmental Coordination Local Yeas: 134 Nays: 16
Rule Applied: Committee Action: Amendments:
03-30-2021 Do Pass
SB 305
Early County; school district ad valorem taxes; educational purposes; provide homestead exemption
Bill Summary: Senate Bill 305 provides a homestead exemption from Early County School District taxes for $150,000 for five years who are 70 years or older. An additional $300,000 exemption is provided for five years for residents who are 80 years or older.
Authored By: House Committee: Floor Vote:
Sen. Dean Burke (11th) Intragovernmental Coordination Local Yeas: 162 Nays: 0
Rule Applied: Committee Action: Amendments:
03-31-2021 Do Pass by Committee Substitute
SB 306 Henry County; board of commissioners vacancies; provisions; revise
Bill Summary: Senate Bill 306 revises provisions regarding vacancies on the Henry County Board of Commissioners.
Authored By: House Committee: Floor Vote:
Sen. Emanuel Jones (10th) Intragovernmental Coordination Local Yeas: 134 Nays: 16
Rule Applied: Committee Action: Amendments:
03-30-2021 Do Pass
SB 307
Pulaski County; board of elections and registration; create
Bill Summary: Senate Bill 307 creates a Pulaski County Board of Elections and Registration. The board shall be composed of five members. Two members shall be appointed by the governing authority of the county from nominations made by the chairperson of the county executive committee of the political party whose candidates in the last general election received the largest number of votes for members of the General Assembly. Two members shall be appointed by the governing authority of the county from nominations made by the chairperson of the county executive committee of the political party whose candidates in the last general election received the second largest number of votes for members of the General Assembly. One nonpartisan member shall be appointed by the governing authority of the county and shall serve as chairperson.
Authored By: House Committee: Floor Vote:
Sen. Larry Walker III (20th) Intragovernmental Coordination Local Yeas: 134 Nays: 16
Rule Applied: Committee Action: Amendments:
03-30-2021 Do Pass
Page 36 of 37
House of Representatives
Daily Report for March 31, 2021
Committee Actions
Committee Actions
Bills passing committees are reported to the Clerk's Office and are placed on the General Calendar.
Intragovernmental Coordination - Local Committee
SB 292
City of Decatur; independent school district ad valorem taxes for educational purposes; provide homestead exemption
Bill Summary: Senate Bill 292 provides for a homestead exemption from city of Decatur independent school district ad valorem taxes for tax years 2022 and 2023 in the amount of $200,000 for residents who are between the ages of 65 and 69 and whose income does not exceed $53,000. An additional exemption is provided for tax years 2022 and 2023 in the amount of $200,000 for residents who are 70 years or older, regardless of income.
Authored By: House Committee:
Sen. Elena Parent (42nd) Intragovernmental Coordination Local
Committee Action:
03-31-2021 Do Pass
SB 301
City of Carrollton, Georgia; exercise all redevelopment and other powers ; authorize; referendum; effective dates
Bill Summary: Senate Bill 301 authorizes the city of Carrollton to exercise all redevelopment powers in the Constitution and Code.
Authored By: House Committee:
Sen. Mike Dugan (30th) Intragovernmental Coordination Local
Committee Action:
03-31-2021 Do Pass
SB 305
Early County; school district ad valorem taxes; educational purposes; provide homestead exemption
Bill Summary: Senate Bill 305 provides a homestead exemption from Early County School District taxes for $150,000 for five years who are 70 years or older. An additional $300,000 exemption is provided for five years for residents who are 80 years or older.
Authored By: House Committee:
Sen. Dean Burke (11th) Intragovernmental Coordination Local
Committee Action:
03-31-2021 Do Pass by Committee Substitute
Page 37 of 37