Daily report, 2022 March 1

Tuesday March 1,
2022

DAILY REPORT 22nd Legislative Day

House Budget & Research Office (404) 656-5050

The House will reconvene for its 23rd Legislative Day on Thursday, March 3 at 10:00 a.m. 12 bills / resolutions are expected to be debated on the floor.

Today on the Floor
Rules Calendar
HB 389 Employment security; change definition of employment to include services performed by an individual for wages
Bill Summary: House Bill 389 codifies existing case law to determine whether work classifies a person as an employee or an independent contractor. Further, the bill provides for an enforcement mechanism, which adds a civil penalty paid to the Department of Labor when an employer misclassifies its employees. Fines for companies with less than 100 employees are capped at $2,500 for each misclassified employee, while fines for companies with 100 or more employees are capped at $7,500 for each misclassified employee.

The bill states that employment does not include services performed by or facilitated through a network company, so long as the network company has a written contract with the individual that expressly states that the network company shall not unilaterally prescribe specific dates, times, or a minimum number of hours that an individual is required to be logged onto the network company's application. To apply, the contract must not be terminated by the network company if a person does not: accept a specific delivery or transportation request; restrict an individual from performing transportation or delivery services through other network companies; and contractually restrict an individual from working in any other lawful occupation or business. The bill defines "ride share network service" and "network company."

Authored By: House Committee: Floor Vote:

Rep. Todd Jones (25th) Industry and Labor
Yeas: 162 Nays: 6

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-15-2022 Do Pass by Committee Substitute

HB 961

Torts; authorize apportionment of damages in single-defendant lawsuits; provide for evidence of fault of nonparties
Bill Summary: House Bill 961 amends Code Section 51-12-33 to authorize apportionment of damages in single-defendant lawsuits rather than solely in multi-defendant lawsuits. In lawsuits against one or more defendants, following a reduction of damages attributed to the plaintiff's percentage of fault, the damages shall be apportioned to the liable person or persons according to each person's percentage of fault.

Authored By: House Committee: Floor Vote:

Rep. Chuck Efstration (104th) Judiciary
Yeas: 168 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 01-25-2022 Do Pass

HB 974 Property; deeds; require electronic filing
Bill Summary: House Bill 974 requires recorded instruments, such as deeds, mortgages, liens, maps/plats, and state tax executions, to be filed electronically or delivered in person to the clerk of

House of Representatives

Daily Report for March 1, 2022

Today on the Floor

the superior court. The clerk shall make available a public computer terminal for electronic filing access. In addition, when filing, an incorrect or missing tax parcel identification number on a recorded instrument shall not affect the validity or enforceability of the instrument. Finally, a deed to secure debt must include the following items on the first page: date, names of signatories, mailing address, map/parcel identification information, original loan amount/outstanding principal amount, initial debt maturity date, and amount of intangible recording tax or citation for a tax exemption.

Authored By: House Committee: Floor Vote:

Rep. Joseph Gullett (19th) Judiciary
Yeas: 164 Nays: 3

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-16-2022 Do Pass by Committee Substitute

HB 1009 Motor vehicles; use of personal delivery devices to transport cargo; authorize
Bill Summary: House Bill 1009 provides definitions and operation guidelines for personal delivery devices. The bill prohibits local authorities from enacting ordinances regarding personal delivery devices under specified conditions.

Authored By: House Committee: Floor Vote:

Rep. Todd Jones (25th) Motor Vehicles
Yeas: 112 Nays: 53

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2022 Do Pass by Committee Substitute

HB 1188 Criminal procedure; each act of child molestation charged as a separate offense; provide
Bill Summary: House Bill 1188 revises the crimes of "child molestation" and "sexual exploitation of children" to specify that each individual violation of the crimes can be charged as its own count in a charging document.

Authored By: House Committee: Floor Vote:

Rep. Jodi Lott (122nd) Judiciary Non-Civil
Yeas: 163 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-16-2022 Do Pass

HB 1292 Education; prohibit students who participate in 4-H sponsored activities or programs from being counted as absent from school
Bill Summary: House Bill 1292 prohibits students who participate in 4-H sponsored activities or programs from being counted as absent from school. The school principal or their designee may request documentation, as proof, from a 4-H representative.

Authored By: House Committee: Floor Vote:

Rep. Rick Jasperse (11th) Education
Yeas: 162 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2022 Do Pass

HB 1302 Income tax; one-time tax credit for taxpayers who filed returns for both 2020 and 2021 taxable years; provide
Bill Summary: House Bill 1302 adds 48-7-20.1, relating to income taxes, which provides a one-time income tax refund equal to the lesser of the taxpayer's 2020 income tax liability or $250 for a taxpayer filing as single, $375 for a taxpayer filing as head of household, or $500 for a married couple filing a joint return. The refund is not available for non-resident alien individuals, individuals who were claimed as a dependent for the 2020 or 2021 tax years, nor estates or trusts. The refund is automatically credited once a taxpayer files an individual income tax return for 2021, and any refunds due shall be credited against outstanding income tax liability prior to being either electronically transmitted or sent by check to the taxpayer.

Authored By: House Committee: Floor Vote:

Rep. Josh Bonner (72nd) Ways & Means
Yeas: 148 Nays: 18

Rule Applied: Committee Action: Amendments:

Structured 02-24-2022 Do Pass by Committee Substitute

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Today on the Floor

HB 1303 Education; transition a pilot program for elementary agricultural education to an ongoing program
Bill Summary: House Bill 1303 revises O.C.G.A. 20-2-154.3 relating to a pilot program for agricultural education in elementary schools to transition the pilot to an ongoing program. The Department of Education will provide a program evaluation to the House and Senate related committees by December 31, 2022.

Authored By: House Committee: Floor Vote:

Rep. Robert Dickey (140th) Education
Yeas: 162 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2022 Do Pass

Postponed Until Next Legislative Day
HB 1194 Motor vehicles; federal regulations regarding safe operation of commercial motor vehicles and carriers; update reference date
Bill Summary: House Bill 1194 is the annual update to the 'Uniform Carriers Act.' It updates the effective date from January 1, 2021, to January 1, 2022, to comply with federal law.

Authored By: Rep. Clint Crowe (110th)

Rule Applied: Modified-Structured

HR 732

Local government; date temporary loans are payable from end of calendar year to fiscal year; change - CA
Bill Summary: House Resolution 732 proposes an amendment to the Georgia Constitution to change the payable date of temporary loans for counties and municipalities from December 31 of each year to within 12 months of the initial funding.

Authored By: Rep. Chuck Martin (49th)

Rule Applied: Modified-Open

Local Calendar
HB 1408 Shellman, City of; selection of mayor pro tempore; revise provisions
Bill Summary: House Bill 1408 revises provisions relating to the selection of the mayor pro tempore of the city of Shellman.

Authored By: House Committee: Floor Vote:

Rep. Gerald Greene (151st) Intragovernmental Coordination Local Yeas: 155 Nays: 6

Rule Applied: Committee Action: Amendments:

02-28-2022 Do Pass

HB 1411 Putnam County; State Court; district attorney shall represent the state in all criminal prosecutions and perform the duties of solicitor-general; provide
Bill Summary: House Bill 1411 provides that on and after January 1, 2023, the district attorney of the judicial circuit within which Putnam County is located shall represent the state in all criminal prosecutions brought in the Putnam County State Court.

Authored By: House Committee: Floor Vote:

Rep. Trey Rhodes (120th) Intragovernmental Coordination Local Yeas: 155 Nays: 6

Rule Applied: Committee Action: Amendments:

02-28-2022 Do Pass

HB 1412 Greene County; qualifications for participation in health insurance program; clarify
Bill Summary: House Bill 1412 clarifies the qualifications for participation in the Greene County health insurance program.

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Today on the Floor

Authored By: House Committee: Floor Vote:

Rep. Trey Rhodes (120th) Intragovernmental Coordination Local Yeas: 155 Nays: 6

Rule Applied: Committee Action: Amendments:

02-28-2022 Do Pass

HB 1445 Long County; Board of Commissioners; revise provisions for staggering of terms of office
Bill Summary: House Bill 1445 revises provisions for staggering the terms of office for the Long County Board of Commissioners.

Authored By: House Committee: Floor Vote:

Rep. Buddy DeLoach (167th) Intragovernmental Coordination Local Yeas: 155 Nays: 6

Rule Applied: Committee Action: Amendments:

02-28-2022 Do Pass

HB 1447 Grovetown, City of; Redevelopment Powers Law; provide for a referendum
Bill Summary: House Bill 1447 authorizes the city of Grovetown to exercise all redevelopment powers found in Code and the Georgia Constitution.

Authored By: House Committee: Floor Vote:

Rep. Barry Fleming (121st) Intragovernmental Coordination Local Yeas: 155 Nays: 6

Rule Applied: Committee Action: Amendments:

02-28-2022 Do Pass

SB 466 DeKalb County; change the description of the education districts; change
Bill Summary: Senate Bill 466 changes the description of the DeKalb County Board of Education's districts.

Authored By: House Committee: Floor Vote:

Sen. Emanuel Jones (10th) Intragovernmental Coordination Local Yeas: 155 Nays: 6

Rule Applied: Committee Action: Amendments:

02-28-2022 Do Pass

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Next on the Floor

Next on the Floor from the Committee on Rules
The Committee on Rules has fixed the calendar for the 23rd Legislative Day, Thursday, March 3, and bills may be called at the pleasure of the Speaker.

HB 508

Commerce and trade; commercial recordings, musical performances, and audiovisual works; provide protections
Bill Summary: House Bill 508 makes it unlawful for a person to advertise or conduct a performance or production in Georgia by using any false, deceptive, or misleading affiliation, connection, or association without authorization. Each advertisement, performance, or production in violation of this Code section would constitute a separate infraction. Section 2 of the bill creates the Georgia 'True Origin of Digital Goods Act,' which requires a person who owns or operates a website or online service that distributes commercial recordings or audiovisuals to consumers to clearly disclose its physical address, telephone number, and email address on such website or online service. The article shall be supplemental to those provisions of state and federal criminal and civil law that impose prohibition or provide penalties, sanctions, or remedies against the same conduct. A violation of this article is considered an unfair or deceptive act or practice of the 'Fair Business Practices Act of 1975.'

Authored By: House Committee:

Rep. Kasey Carpenter (4th) Creative Arts & Entertainment

Rule Applied: Committee Action:

Modified-Structured 02-22-2022 Do Pass

HB 916

Superior and State Court Appellate Practice Act; enact
Bill Summary: House Bill 916, the 'Superior and State Court Appellate Practice Act', rewrites the procedure to appeal from a lower judicatory (any government body exercising judicial or quasijudicial authority) to superior or state court. Finding that many appeals are dismissed on complex procedural grounds and not on the merits, the bill replaces the current certiorari review process and notice of appeal statutes with a single "petition for review" procedure. Courts are required to render decisions on the merits instead of dismissing on procedural grounds unless the dismissal is expressly required by statute. The bill establishes the appellate jurisdiction of superior and state courts over a final judgment of a lower judicatory, while preempting any local law or ordinance in conflict with the Act.

The bill establishes the general procedures for the petition for review, to include: a filing requirement within 30 days after the date of the final judgment; the format for filing the petition; the amendment/extension procedures; and policies related to service of process and venue. The bill creates limited grounds for dismissal and enacts policies related to filing costs and recording of proceedings. The bill provides procedures for requiring a bond and outlines damage costs for frivolous appeals.

The bill includes conforming amendments throughout the Code, both by replacing terms and making technical changes to adopt the Code to the petition for review appellate procedure. The effective date for the bill is July 1, 2023.

Authored By: House Committee:

Rep. Rob Leverett (33rd) Judiciary

Rule Applied: Committee Action:

Modified-Structured 02-24-2022 Do Pass by Committee Substitute

HB 997 Ad valorem tax; timber equipment and timber products held by timber producers; provide exemption
Bill Summary: House Bill 997 amends 48-5-41.1, relating to the exemption of qualified farm products and harvested agricultural products from ad valorem taxation, by expanding the exemption of agricultural equipment to include timber equipment. Timber equipment includes all equipment owned or held under a lease-purchase agreement by a timber producer and is directly used in the production or harvest of timber products but does not include motor vehicles. Timber producers are defined as any one or more individuals or an entity, registered to do business in this state, which is primarily involved in the subsistence or commercial production or harvest of timber products. The
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Next on the Floor

bill also provides language for a referendum to be included on the November 2022 ballot.

Authored By: House Committee:

Rep. Sam Watson (172nd) Ways & Means

Rule Applied: Committee Action:

Structured 02-24-2022 Do Pass

HB 1058 Income tax; affiliated corporations file separate or consolidated returns; provisions
Bill Summary: House Bill 1058 amends 48-7-21, relating to income taxation of corporations, by eliminating the requirement that affiliated corporations have prior approval from or have been requested to file a consolidated income tax return by the Department of Revenue and allowing the affiliated corporations elect to file a Georgia consolidated income tax return without the request or approval of the department. For the purposes of allocation and apportionment, each member of a Georgia affiliated group shall be considered a separate taxpayer. Any taxable loss of a member of a Georgia affiliated group shall be deductible against the taxable income of any other member of the group only if the loss is apportioned and allocated to Georgia. The choice to file a consolidated income tax return is irrevocable and binding for a period of five years. At the end of the five-year period, the taxpayer may elect to file a consolidate return again.

Authored By: House Committee:

Rep. Bruce Williamson (115th) Ways & Means

Rule Applied: Committee Action:

Structured 02-24-2022 Do Pass by Committee Substitute

HB 1150 Freedom to Farm Act; enact
Bill Summary: House Bill 1150 eliminates definitions for "agricultural area," "changed conditions," and "urban sprawl" in order to prevent a nuisance lawsuit from being brought against a farming operation that has been active for more than one year. The start of a concentrated animal feeding operation (CAFO) shall constitute a separate and independent established date of operation, regardless of whether the CAFO is started on a pre-existing farming operation. The bill adds that the provisions of the subsection do not apply if a nuisance is caused by negligence or illegal operations.

Authored By: House Committee:

Rep. Robert Dickey (140th) Agriculture & Consumer Affairs

Rule Applied: Committee Action:

Modified-Structured 02-24-2022 Do Pass by Committee Substitute

HB 1216 Traffic offenses; enhanced penalties for violations of fleeing or attempting to elude a police officer; provide
Bill Summary: House Bill 1216 enhances the penalties for fleeing or attempting to elude a police officer. The minimum fine for a first conviction increases from $500 to $1,000 and a minimum 30day imprisonment. A second conviction within a 10-year period has an increased minimum fine of $2,500, up from $1,000 and a minimum period of imprisonment of 90 days. Third convictions within a 10-year period of time carry a $4,000 penalty, increased from $2,500 and a minimum imprisonment of 180 days. These first three convictions are a high and aggravated misdemeanor. A fourth or subsequent conviction within a 10-year period becomes a felony and is punished by a fine not less than $5,000 nor more than $10,000 and imprisonment not less than 12 months nor more than 10 years.

Anyone fleeing the police who causes and accident, passes a school bus camera, is drag racing, or is found to be reckless driving is guilty of a felony and punished by a fine of at least $5,000, but no more than $10,000. That person is also subject to imprisonment for not less than 12 months nor more than 10 years.

Authored By: House Committee:

Rep. Lauren McDonald (26th)

Rule Applied:

Public Safety & Homeland Security Committee

Action:

Modified-Structured 02-23-2022 Do Pass by Committee Substitute

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Next on the Floor

HB 1324 Health and insurance; clarify that the prudent layperson standard is not affected by the diagnoses given
Bill Summary: House Bill 1324 requires insurers to provide coverage for emergency physical or mental health care regardless of the diagnosis given.

Authored By: House Committee:

Rep. Beth Camp (131st) Insurance

Rule Applied: Committee Action:

Modified-Structured 02-16-2022 Do Pass by Committee Substitute

HB 1348 Georgia Smoke-free Air Act; revise
Bill Summary: House Bill 1348 adds vaping to the 'Georgia Smoke-free Air Act,' which prohibits smoking inside most public areas, including restaurants and government buildings. A person vaping in violation of this law will face a $100 to $500 fine.

Authored By: House Committee:

Rep. Bonnie Rich (97th) Health & Human Services

Rule Applied: Committee Action:

Modified-Structured 02-22-2022 Do Pass

HB 1349 Natural Resources, Dept. of; attempt to prevent net loss of land acreage available for hunting on state owned lands; extend date
Bill Summary: House Bill 1349 changes the qualifying date from July 1, 2005, to July 1, 2022, for land the Department of Natural Resources shall withhold from actions that result in the loss of stateowned acreage available for hunting.

Authored By: House Committee:

Rep. Jason Ridley (6th) Game, Fish, & Parks

Rule Applied: Committee Action:

Modified-Structured 02-23-2022 Do Pass

HB 1355 Childhood Lead Exposure Control Act; revise
Bill Summary: House Bill 1355 updates several provisions relating to lead poisoning testing and remediation. The bill reduces the required blood level of lead that would prompt public health action from 20 to 3.5 micrograms per deciliter, which can be detected through a single venous blood test or two capillary blood tests taken within 12 weeks of each other. Removal of lead-based paint and disposal activities are added to the definition of "lead hazard abatement," and lead within soil is added to the definition of "lead poisoning hazard."

Authored By: House Committee:

Rep. Katie Dempsey (13th) Health & Human Services

Rule Applied: Committee Action:

Modified-Structured 02-22-2022 Do Pass

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Committee Actions

Committee Actions
Bills passing committees are reported to the Clerk's Office and are placed on the General Calendar.

Energy, Utilities & Telecommunications Committee
HB 1372 Georgia Utility Facility Protection Act; revise provisions and short title
Bill Summary: House Bill 1372 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 9-1-1 to be contacted if an excavator damages a gas or hazardous liquid pipeline.

The bill states that all owners or operators that maintain underground facilities must participate as members of the Utilities Protection Center (UPC). An "underground facility" is defined as an underground fiber, conductor, pipe, or structure used to provide traffic control; traffic management; electric service; communications service; or carry gas, oil, sewage, wastewater, storm drainage, or other water or liquids. The bill states that all underground facilities, excluding sewer cleanouts and water meter boxes, must be located within the public right-of-way and in accordance to the specifications in the bill. Sewer cleanouts and water meter boxes that establish the exact location of an underground facility must be located within ten feet of the public right-of-way to be considered a permanent marker of the related underground facility.

No person shall blast or excavate with mechanized excavating equipment until the person has submitted a locate request for underground facilities to the UPC. The locate request must include a specific "effective date" or date for which the requested blasting or excavating is expected to start, and the duration of time in which the blasting or excavating is expected to take place. The locate request must also include "appropriate notice", which is associated with the expected effective date for the blasting or excavating to begin. The appropriate notice may not be less than two business days or more than eight business days.

Starting July 1, 2023, the Department of Transportation (DOT) shall participate in and cooperate with the UPC for purposes of receiving locate requests in DOT's right-of-way. DOT shall not participate in the funding of the UPC or its activities.

HB 1372 is effective on September 1, 2022.

Authored By: House Committee:

Rep. Vance Smith (133rd) Energy, Utilities & Telecommunications

Committee Action:

03-01-2022 Do Pass

Health & Human Services Committee
HB 937 Medicaid; coverage for annual mammograms at no cost to recipient; provide Bill Summary: HB 937 requires the Department of Community Health to provide Medicaid coverage for mammograms at no cost to the patient.

Authored By: House Committee:

Rep. Sharon Henderson (113th) Health & Human Services

Committee Action:

03-01-2022 Do Pass by Committee Substitute

HB 1042 OneGeorgia Authority Act; grant program to establish primary care medical facilities in health professional shortage areas; provide
Bill Summary: House Bill 1042 requires the OneGeorgia Authority to create a grant program subject to appropriations. This program provides grants to eligible development authorities seeking to establish primary care medical facilities in health professional shortage areas. "Primary care medical facility" is defined as any facility where the majority of the services provided are primary care, dental care, or mental health services. Awarded grant amounts shall not to exceed $200,000 and are

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Committee Actions

determined by the review of the primary care shortage; local commitment; consistency with local healthcare objectives; readiness and feasibility; geographic distribution of current primary care facilities; and cost estimates. Pending grant awards are approved by the governor and the Board of Community Health.

Authored By: House Committee:

Rep. Rick Jasperse (11th) Health & Human Services

Committee Action:

03-01-2022 Do Pass

HB 1279 Controlled substances; certain persons to carry prescription medications in a compartmentalized container; authorize
Bill Summary: House Bill 1279 allows people with a chronic disease or over the age of 65 to carry one or more medications prescribed by a licensed physician. Medications must be held in a compartmentalized medication container has the capacity to hold up to a 21-day supply. Persons must provide the names of medication to law enforcement if requested.

Authored By: House Committee:

Rep. Matthew Gambill (15th) Health & Human Services

Committee Action:

03-01-2022 Do Pass by Committee Substitute

HB 1453 Crimes and offenses; access to medical cannabis; revise provisions
Bill Summary: House Bill 1453 transfers the operation and maintenance of the Low-THC Oil Patient Registry from the Department of Public Health to the Georgia Composite Medical Board under the Department of Community Health. The Georgia Access to Medical Cannabis Commission will contract with a third-party non-profit organization with experience in accreditation to accredit independent laboratories. The board will also issue a request for proposal for a third party to operate the patient registry no later than October 1, 2022. The number of production licenses will increase from six to 12, with the Class 1 licenses increasing from two to four and the Class 2 licenses increasing from four to eight. One additional license will be issued for every 50,000 people added to the patient registry after the initial two Class 1 and four Class 2 licenses are provided. Applicants with an active lawsuit against the commission will not be eligible for a license at the time of the lawsuit. Patient registration cards will be valid for one year and 30 days.

Authored By: House Committee:

Rep. Sharon Cooper (43rd) Health & Human Services

Committee Action:

03-01-2022 Do Pass by Committee Substitute

SB 116

Children and Youth Services; registration of maternity supportive house residences to provide housing for pregnant women; provide
Bill Summary: Senate Bill 116 requires registration of maternity-supportive housing residences providing housing for pregnant and postpartum women aged 18 years or older. Registrants will be required to pay a $250 registration to the Department of Human Services, and registration certificates will be valid for one year. The department will not have authority to implement regulations for registration of maternity homes, but can maintain submitted records. No municipality can constrain the establishment of a maternity home to an extent beyond that of a single-family residence.

Authored By: House Committee:

Sen. Randy Robertson (29th) Health & Human Services

Committee Action:

03-01-2022 Tabled

Motor Vehicles Committee

HB 202

Georgia Driver's Education Commission; violation of traffic laws or ordinance under Joshua's Law; increase additional penalty
Bill Summary: House Bill 202 increases the additional penalty under Joshua's Law from 1.5 percent to 3 percent of the original fine. The bill removes the sunset provision on this Code section. The bill expands eligibility for specified driver education and training to persons 21 years of age or younger

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Committee Actions

in specified instances as well as establishes the Driver's Education Trust Fund.

Authored By: House Committee:

Rep. Bill Hitchens (161st) Motor Vehicles

Committee Action:

03-01-2022 Do Pass by Committee Substitute

Regulated Industries Committee

HB 884

Professions and businesses; expedited licenses for military spouses; provisions
Bill Summary: House Bill 884 requires professional licensing boards under the purview of the Secretary of State to provide expedited licenses by endorsement within 30 days from the application date, and receipt of all the required materials, to spouses of military service members within Georgia.

Authored By: House Committee:

Rep. D. C. Belton (112th) Regulated Industries

Committee Action:

03-01-2022 Do Pass by Committee Substitute

HB 1193 Funeral directors and embalmers; reinstatement of lapsed license under certain conditions; provide
Bill Summary: House Bill 1193 requires the Georgia Board of Funeral Service to allow licensees that had their license lapse for no more than 10 years to be reinstated after paying the required renewal fees for the lapsed time, in addition to a reinstatement fee. Licensees are also required to complete continuing education hours. In order to be eligible for reinstatement, licensees cannot have been subject to disciplinary action by the board. The bill also removes the limitation on apprenticeship registrations.

Authored By: House Committee:

Rep. Matthew Gambill (15th) Regulated Industries

Committee Action:

03-01-2022 Do Pass by Committee Substitute

HB 1400 Georgia Access to Medical Cannabis Commission; subject to state procurement laws; provide
Bill Summary: Section I: Contracts entered into by the Georgia Access to Medical Cannabis Commission pursuant to O.C.G.A. 16-12-203(2) will become subject to the state purchasing laws in Title 50, Chapter 5, Article 3.
Section II: The terms of office of the members currently on the Medical Cannabis Commission Oversight Committee will end on June 30, 2022. After July 1, 2022, the oversight committee will be composed of the members of the House Regulated Industries Committee and the Senate Regulated Industries and Utilities Committee. The bill removes the limitation on what the Georgia Access to Medical Cannabis Commission must provide to the oversight committee, including the requirements regarding personal identifying information, information marked as trade secrets, information that would interfere with an ongoing license application, or information that would create law enforcement or security risks. These requirements are replaced with a stipulation that the commission shall not share any information that would be exempt from public disclosure pursuant to O.C.G.A. 50-18-72 or pursuant to federal or state privacy laws.
Section III: The number of Class 1 production licenses is increased from two to nine. Class 1 licenses allow for growing cannabis in indoor production facilities for production of low-THC oil. The license is limited to 100,000 square feet of cultivation space.
Section IV: The number of Class 2 production licenses is increased from four to 19. Class 2 licenses allow for growing cannabis in indoor production facilities for production of low-THC oil. The license is limited to 50,000 square feet of cultivation space.
Section V: This section changes the start date from January 1, 2022, to January 1, 2024, for the retrospective study of the participation of minority and women-owned businesses as licensees. The period being studied is changed to January 1, 2022, through December 31, 2023.

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Section VI: This section, dealing with confidentiality, is revised to say that only working papers; recorded information; documents; and copies produced by, obtained by, or disclosed to the commission pursuant to the activities conducted pursuant to this part shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records.

Section VII: This section requires the commission to retain qualified third-party consultants to assist the commission in developing procurement solicitation documents and evaluation criteria, in reviewing and evaluating proposals, or to provide other advice to the commission. Also, the bill clarifies that replacement licenses can be awarded for any licenses that are revoked or surrendered. The commission is required to award up to seven additional Class 1 production licenses and up to 15 additional Class 2 production licenses by June 30, 2022. These awards are to be given to the apparent successful applicants identified in the commission's notices of intent to award, dated July 24, 2021, and shall be awarded to those applicants that filed post-award protests to such notices of intent to award. Those applicants challenging the awards are allowed to choose whether they want a Class 1 or Class 2 production license, so long as they applied for both, although the aggregate number of production licenses awarded shall not exceed 22.

Authored By: House Committee:

Rep. Alan Powell (32nd) Regulated Industries

Committee Action:

03-01-2022 Do Pass

Committee Meeting Schedule
This meeting schedule is up to date at the time of this report, but meeting dates and times are subject to change. To keep up with the latest schedule, please visit www.house.ga.gov and click on Meetings Calendar.

Wednesday - March 2, 2022 9:00 AM JUDICIARY COMMITTEE 9:00 AM AGRICULTURE AND CONSUMER AFFAIRS COMMITTEE 10:00 AM Regulated Industries Occupational / Professional Licensing Subcommittee 10:00 AM INDUSTRY AND LABOR COMMITTEE 10:00 AM LEGISLATIVE & CONGRESSIONAL REAPPORTIONMENT
COMMITTEE 11:00 AM HEALTH AND HUMAN SERVICES COMMITTEE 11:00 AM BUDGET & FISCAL AFFAIRS OVERSIGHT 12:30 PM DEFENSE AND VETERANS AFFAIRS COMMITTEE 1:00 PM HIGHER EDUCATION COMMITTEE 1:30 PM Ways & Means Income Tax Subcommittee 2:00 PM GOVERNMENTAL AFFAIRS COMMITTEE 3:00 PM JUDICIARY NON-CIVIL COMMITTEE 3:00 PM PUBLIC SAFETY & HOMELAND SECURITY COMMITTEE

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