Daily report, 2022 April 4

Collection:
Georgia Government Publications
Title:
Daily report, 2022 April 4
Creator:
Georgia. House of Representatives. Office of Communications
Contributor to Resource:
Georgia. General Assembly. House of Representatives
Publisher:
Atlanta, Ga. : Georgia. House of Representatives. Office of Communications
Date of Original:
2022-04-04
Subject:
Georgia. General Assembly. House of Representatives--Periodicals
Bills, Legislative--Georgia--Periodicals
Periodicals
Location:
United States, Georgia, 32.75042, -83.50018
Medium:
legislative records
Type:
Text
Format:
application/pdf
Description:
This publication is the daily report for the Georgia House of Representatives.
Metadata URL:
http://dlg.galileo.usg.edu/id:dlg_ggpd_i-ga-bl412-b-ps1-bd3-b2022-s4-h4-belec-p-btext
Digital Object URL:
http://dlg.galileo.usg.edu/do:dlg_ggpd_i-ga-bl412-b-ps1-bd3-b2022-s4-h4-belec-p-btext
Language:
eng
Holding Institution:
University of Georgia. Map and Government Information Library
Rights:
Rights Statement information

DAILY REPORT Monday
April 4, 2022
House Budget & Research Office (404) 656-5050
Today on the Floor

40th Legislative
Day

Conference Committee Reports
HB 517 Education; calculation of minimum revenue obligations for scholarships and tuition grants; provide for the inclusion of earned interest
Bill Summary: House Bill 517 amends O.C.G.A. 20-2A-2 relating to student scholarship organizations by clarifying that interest earned on deposits and investments from donations for scholarships or tuition grants will be rolled back into the fund. This Code section is further amended by requiring student scholarship organizations to do the following: an audit within 120 days of completing the student scholarship organization's fiscal year to be provided to the Department of Revenue within 60 days of the audit's completion; immediately notify the Department of Education if the Department of Revenue has ceased preapproving contributions; annually submit a copy of the most recent Form 990 to the Department of Revenue; and be solely responsible for verifying student eligibility.

O.C.G.A. 48-7-29.16 is amended to increase the tax credit to $2,500 for a single individual or head of household, $5,000 for a married couple filing a joint return, and $25,000 or the amount expended for a business, whichever is less.

Authored By: Rep. John Carson (46th)

Rule Applied: Modified-Structured

Conference Committee Reports: The House adopted the Conference Committee Report with a vote of 98-68. The Senate has adopted the Conference Committee Report. (Adoption of the conference committee report represents final passage of the bill.)

HB 911 General appropriations; State Fiscal Year July 1, 2022 - June 30, 2023
Bill Summary: House Bill 911, the FY 2023 budget, is based on a revenue estimate of $30.2 billion, an increase of 10.8% over original FY 2022 budget.

The bill and tracking sheet may be found on the House Budget and Research Office website: https://www.legis.ga.gov/house/budget-research-office

Authored By: Rep. David Ralston (7th)

Rule Applied: Modified-Open

Conference Committee Reports: The House adopted the Conference Committee Report with a vote of 160-5.

The Senate has adopted the Conference Committee Report.

(Adoption of the conference committee report represents final passage of the bill.)

HB 1425 Medical cannabis; Governor to issue initial Class 1 and Class 2 production licenses for a limited time period; authorize
Bill Summary: House Bill 1425, concerning the medical cannabis process in Georgia, allows for the issuance of two initial Class 1 production licenses, the issuance of four initial Class 2 production licenses, the potential creation of one Class 3 production license (100,000 square feet of cultivation space), and the potential creation of two Class 4 licenses (50,000 square feet of cultivation space) for the manufacture of low THC oil and products. If an applicant had previously applied for a Class 1 or Class 2 production license during the November 23, 2020, bidding process, no application fee shall be required. In addition, no applicant may apply for a Class 1 or Class 2 license who is a party to an active protest or legal action concerning the bidding process. Class 3 and Class 4 licenses shall be

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issued to Georgia applicants selected by the commission following a competitive bidding process. The bidding process shall be assisted by a qualified third-party consultant. Capital, security, and production requirements are detailed. The Department of Administrative Services shall develop a process for reissuing Class 1 and Class 2 production licenses that have been revoked, expired, or surrendered. This process shall be developed in consultation with the commission. Complaints related to acts of the commission shall be resolved at the Georgia State-wide Business Court. In addition, the commission shall review the scoring of prior license applications.

Authored By: Rep. William Werkheiser (157th) Rule Applied: Modified-Structured Conference Committee Reports: The House adopted the Conference Committee Report with a vote of 95-73.
The Senate has not adopted the Conference Committee Report at this time.

HB 1437 Income tax; revise rates of taxation on income
Bill Summary: House Bill 1437, the 'Tax Reduction and Reform Act of 2022,' amends Chapter 7 of Title 48 of the O.C.G.A., relating to income taxes, by eliminating the personal income tax brackets and replacing them with a tax rate of 5.49 percent. The bill allows for future annual reductions of one-tenth of one percent until reaching 4.99 percent if the governor's revenue estimate for the succeeding fiscal year is greater than three percent above the revenue estimate for the current fiscal year, the prior fiscal year's net revenue collection was higher than each of the preceding five fiscal years' net tax revenue collection, and the revenue shortfall reserve contains a sum that exceeds the amount of the decrease in state revenue projected to occur as a result of the reduction in the tax rate set to occur in the following year. HB 1437 eliminates the standard deductions of $5,400 for single and head of household taxpayers and $7,100 for married taxpayers filing a joint return, as well as the additional deductions of $1,300 for taxpayers over the age of 65 or blind. The bill increases the personal exemptions from $2,700 to $12,000 for single and head of household taxpayers and from $7,400 to $18,500 for married taxpayers filing a joint return. The personal exemption for married taxpayers filing a joint return increases to $20,000 for 2024, $22,000 for 2028, and $24,000 for 2030. The bill also increases the amount of earned income allowed to be included in the retirement income exemption from $4,000 to $5,000 and caps the amount of state and local taxes allowed to be deducted at $10,000.

On or before May 1, 2023, the House Ways and Means Committee and the Senate Committee on Finance are to jointly undertake a thorough review of any and all state tax credits, deductions, and exemptions. No later than December 1, 2023, the committees must submit a report of their findings and recommendations to the presiding officer of their chamber.

Authored By: Rep. Shaw Blackmon (146th)

Rule Applied: Structured

Conference Committee Reports: The House adopted the Conference Committee Report with a vote of 167-2.

The Senate has adopted the Conference Committee Report.

(Adoption of the conference committee report represents final passage of the bill.)

SB 218

Vacation of Office; suspension of compensation for certain public officers who are suspended because of indictment for a felony; provide
Bill Summary: Senate Bill 218 creates the Prosecuting Attorneys' Oversight Commission, which consists of a five-member investigative panel and a three-member hearing panel. The investigative panel is responsible for investigating alleged conduct that constitutes grounds for discipline, which is specifically outlined in the bill and includes various grounds such as mental or physical incapacity; willful misconduct in office; willful and persistent failure to perform duties; conviction of a crime involving moral turpitude; conduct prejudicial to the administration of justice; allowing an assistant district attorney or assistant solicitor-general to commit acts that would constitute removal; and violating the State Bar of Georgia's Rules of Professional Conduct. Complaints made to the investigative panel are required to show evidence that constitutes a ground for discipline, and if the complaint makes an allegation on the basis of a charging decision, plea offer, or one of the other specific issues in the bill, then the complaint must also show that it was plausible that the decision was made based on one of the specific criteria, such as undo bias or an undisclosed conflict of interest.

The bill also provides for the suspension of compensation of certain public officials when the official is suspended from their respective office due to a felony indictment.
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SB 218 authorizes local legislation for non-partisan elections for district attorneys and solicitorsgeneral.

Authored By: Sen. Larry Walker III (20th)

Rule Applied: Modified-Structured

Conference Committee Reports: The House adopted the Conference Committee Report with a vote of 98-62.

The Senate has not adopted the Conference Committee Report at this time.

Motions to Insist
SB 374 Georgia Data Analytic Center; establish as an agent of all executive state agencies; definitions; provide
Bill Summary: Senate Bill 374 defines the Georgia Data Analytic Center (GDAC) as an agent of all executive state agencies that shares and receives government information. Executive state agencies shall cooperate with GDAC requests for receipt of or access to data unless an attorney general review determines and explains that the request would result in a violation of law. Sharing of data to and from GDAC does not constitute a disclosure or release under law, and any confidential or privileged designation of government information shall be maintained when sharing with GDAC. Protections for individually identifiable information are included, with criminal penalties for obtaining, attempting to obtain, negligently communicating, or disclosing methods for securing individually identifiable information.

Senate Bill 374 also concerns user fees, requiring the collection of fees imposed by law, rule, or regulation to be paid into the State Treasury. Additionally, departments and agencies charged with collecting user fees shall report to the House and Senate budget offices by August 1 of each year both whether each existing user fee sufficiently covers the costs of the corresponding services as well as whether an opportunity for a new user fee exists.

Authored By: Sen. Blake Tillery (19th)

Rule Applied: Modified-Structured

Motions to Insist: (A motion to insist sends the bill back to the Senate for consideration.)

SB 516

Solid Waste Management; Environmental Protection Division to contract with the Department of Revenue to collect certain fees; require
Bill Summary: Senate Bill 516 requires that fees collected for the disposal of solid wastes and hazardous wastes be annually appropriated to the Hazardous Waste Trust Fund and establishes a new method of collecting the one-dollar tire fee assessed on the purchase of new tires. The fee will shift from being collected by the Environmental Protection Division to being collected by the Department of Revenue as a part of the sales and use tax collection and remittance process. The bill also adds a representative of the tire industry to the Recycling Market Development Council.

Authored By: Sen. Randy Robertson (29th)

Rule Applied: Structured

Motions to Insist: (A motion to insist sends the bill back to the Senate for consideration.)

Motions to Recede
SB 346 Department of Administrative Services; companies owned or operated by China to bid on or submit a proposal for a state contract; prohibit
Bill Summary: Senate Bill 346 requires a company that submits a bid or a contract proposal to certify that the company is not a Chinese government affiliated entity or owned or operated by the government of China. A company's false certification will result in civil liability, termination of contract, and ineligibility for future contracts.

Authored By: Sen. Jeff Mullis (53rd)

Rule Applied: Modified-Structured

Motions to Recede: (A motion to recede represents final passage of the bill.)

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Motions to Agree
HB 56 Blue Ridge Judicial Circuit; superior court; provide additional judge
Bill Summary: House Bill 56 increases the number of judges for superior courts in the Blue Ridge Judicial Circuit from three to four. The additional judge shall be appointed by the governor for a term beginning July 1, 2022, until December 31, 2024. A successor shall be elected at the non-partisan judicial election held in 2024, and the elected successor shall take office January 1, 2025.

Authored By: Rep. Wesley Cantrell (22nd)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 275

Fire protection and safety; random drug tests for certain firefighters, emergency medical services personnel, paramedics, and cardiac technicians; require
Bill Summary: House Bill 275 prohibits insurance companies from canceling, modifying, or refusing to issue life insurance based on an individual's status as an organ donor. The legislation provides for a $25,000 tax credit for organs donated and the costs of donation.

Authored By: Rep. Lauren McDonald (26th)

Rule Applied: Modified-Structured

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." The bill also exempts "music industry professionals."

Authored By: Rep. Todd Jones (25th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 412

Professions and businesses; licensure of individuals in the practice of applied behavior analysis; provide
Bill Summary: House Bill 412 creates the Georgia Behavior Analyst Licensing Board, which is composed of five members appointed by the governor. Eight new terms are defined, including: "applied behavior analysis," "behavior technician," "board," "board certified," "certifying entity," "licensed assistant behavior analyst," "licensed behavior analyst," and "practice of applied behavior analysis." The board is composed of three members who are either board-certified behavior analysts or board-certified behavior analyst-doctoral and who are eligible for licensure; one member who is a board-certified assistant behavior analyst and who is eligible for licensure; and one member of the public. Board terms are for three years, although initial terms can be staggered, and the board will regulate matters related to licensing.

An applicant for a behavior analyst license shall provide proof of successful passage of the behavior analyst examination, proof that he or she holds a master's degree based on applied behavior analysis, and proof of active status as a board-certified behavior analyst. An applicant for an assistant behavior analyst license shall provide proof of successful passage of the assistant behavior analyst

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examination, proof that he or she holds a bachelor's degree based on applied behavior analysis, proof of active status as a board-certified assistant behavior analyst, and will have ongoing supervision by a licensed behavior analyst. Violations of the unlicensed practice as either a behavior analyst or an assistant behavior analyst are subject to $1,000 fines.

These provisions do not apply to: 1) licensed psychologists, so long as the applied behavior analysis services are within that psychologist's training; 2) a behavior technician who delivers applied behavior analysis services under the authority of a licensed behavior analyst or licensed assistant behavior analyst; 3) a caregiver of a recipient of applied behavior analyst services who delivers the services under the authority of a licensed behavioral analyst or licensed assistant behavior analyst; 4) a behavior analyst who practices with non-human or non-patient clients or consumers; 5) a licensed professional authorized to practice in the state who is not a behavior analyst, so long as the licensed professional does not represent that he or she is a licensed behavior analyst or assistant behavior analyst; 6) an enrolled graduate student or postdoctoral fellow whose activities are part of a defined behavior analysis program provided that the program is supervised by a licensed behavior analyst or an instructor in a course sequence approved by a certified entity; 7) unlicensed individuals who pursue experience in applied behavior analysis consistent with the experience requirements of a certifying entity; 8) professionals who provide general applied behavior analysis services to organizations, so long as those services are for the benefit of the organizations and do not involve direct services to individuals; 9) individuals who teach behavior analysis or conduct behavior analysis research, so long as that does not involve the direct delivery of applied behavior analysis services; 10) behavior analysts licensed in another jurisdiction or certified by a certifying entity to practice independently and who work in Georgia for a maximum of 30 days in a year and have received a temporary behavior analyst license; 11) an individual employed by a local school board of education who performs the duties of their positions; 12) and a licensed physician who is practicing medicine.

Temporary licenses can be issued to those individuals who reside in and practice in another state and who do not practice in Georgia for more than 30 days. Licenses can also be issued through reciprocity with other states, and licenses issued by the board are granted for two years. Further, the board is required to post a link on its website of the certifying entity or entities. The bill is effective on July 1, 2023.

Authored By: Rep. Katie Dempsey (13th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 469

Income tax; rehabilitation of historic structures; revise tax credits
Bill Summary: House Bill 469 amends 48-7-29.8, relating to tax credits for the rehabilitation of historic structures, by extending the sunset to December 31, 2024, and capping the credits at $5 million per year for historic homes and $30 million per year for certified structures other than historic homes.

The bill amends 48-7-40.26, relating to tax credits for film, gaming, video, or digital production by establishing a sunset of December 31, 2024.

Authored By: Rep. Ron Stephens (164th)

Rule Applied: Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 733

Insurance; guaranteed asset protection waiver; revise definition
Bill Summary: House Bill 733 allows guaranteed asset protection waivers to provide a benefit that waives an amount or provides a borrower with a credit towards the purchase of a replacement vehicle with or without a separate charge.

The bill also requires health plans to provide coverage for breast cancer diagnostic examinations at the same cost-sharing standards as mammography screenings.

Authored By: Rep. Tyler Smith (18th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

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HB 918

Georgia Rare Disease Advisory Council; provide establishment
Bill Summary: House Bill 918 creates the Georgia Rare Disease Advisory Council under the Department of Public Health, which advises the General Assembly and agencies on the needs of those with rare diseases in Georgia. The council will meet no less than quarterly and have opportunities for public comment. The council will also convene public hearings, consult with experts, evaluate recommendations, publish resources, and identify best practices.

Council members are appointed by the governor, lieutenant governor, and speaker of the House. Members will include a non-state employee chair; a representative from an academic research institution in the state that receives grant funding for rare disease research; a representative from the Division of Medical Assistance Plans of the Department of Community Health; a representative of the Division of Family and Children Services; a geneticist; a registered nurse or advanced practice registered nurse with experience treating rare diseases; a physician with experience treating rare diseases; a pediatric specialist trained in treating children with rare diseases; two patients with a rare disease; a caregiver of a person with a rare disease; a representative of a rare disease patient organization; a representative of the biopharma industry; a representative from a state health plan company; and a social worker with experience with rare disease patients. Members will not be compensated, but will be allowed reimbursement in performance of their duties.

An annual report detailing activities of the council, funding status update, and recommendations will be provided to the governor and General Assembly and be made available for public comment. The first report is due no later than June 30, 2023.

Authored By: Rep. Mike Cheokas (138th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 972

Professional counselors; licensing requirements; change certain definitions
Bill Summary: House Bill 972 updates the 'Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law.' The bill allows for people participating in an internship, a practicum under supervision, or under the direction of a person certified as a rehabilitation counselor, to be exempt from licensure requirements for practicing professional counseling, social work, or marriage and family therapy.

The bill also removes the authorization for those exempt under O.C.G.A. 43-10A-7 to serve as supervisors without being licensed. The requirement that applicants have at least two personal references from supervisors or teachers is replaced with a requirement that they have completed a graduate level course or equivalent.

In order to obtain an associate professional counselor license, a candidate must have a minimum of a master's degree in clinical counseling or counseling psychology and must have registered an acceptable contract with the board for obtaining the post-degree experience required for licensure as a professional counselor. In order to obtain a professional counselor license, a candidate must have a minimum of a master's degree in clinical counseling or counseling psychology and two years of postdegree experience under direction and supervision in an acceptable work setting.

The bill raises the minimum fine for individuals who violate O.C.G.A. 43-10A-19 or O.C.G.A. 4310A-7 to $500 for each offense, and expands the potential punishment for business entities who violate O.C.G.A. 43-10A-21 to include imprisonment for up to 12 months.

Authored By: Rep. D. C. Belton (112th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 974 Property; deeds; require electronic filing
Bill Summary: House Bill 974 requires clerks of superior courts to offer electronic filing for recorded instruments such as deeds, mortgages, liens, maps/plats, and state tax executions. The clerk shall make available a public computer terminal for electronic filing access. In addition, 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,
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initial debt maturity date, and amount of intangible recording tax or citation for a tax exemption.

Authored By: Rep. Joseph Gullett (19th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

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. Local authorities are authorized to enact ordinances related to the operation and regulation of personal delivery devices within the local authority's jurisdiction, subject to specified limitations. Personal delivery devices are prohibited from operating within a surface transportation project.

Authored By: Rep. Todd Jones (25th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 1044 Local government; creation of regional development authorities; provide
Bill Summary: House Bill 1044 allows for the creation of regional development authorities by a group of three to five contiguous counties. The bill stipulates that at least half of the members of the governing body from each county complete a basic economic development training course certified by the Department of Community Affairs. Each regional development authority is an active authority with a board of directors that meets quarterly, develops an operational business plan, owns property lying within one or more of the participating counties, and maintains an active agreement for sharing expenses and proceeds. A county cannot belong to more than one regional development authority. The bill provides a tax credit for each new quality job in qualifying investment properties for the lowest tier participating county within the regional development authority.

HB 1044 clarifies the definitions of cable and video services related to franchise fees. Cable and video services shall not include video programming accessed via a service that enables users to access content offered over the internet, including streaming content. Video service shall not include any video programming provided by a direct broadcast satellite service provider.

Authored By: Rep. Clay Pirkle (155th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 1053 Income tax; certain expenditures made by postproduction companies; extend tax credit
Bill Summary: House Bill 1053 amends 48-7-40.26A, the 'Georgia Entertainment Industry Postproduction Investment Act,' by extending the tax credit through December 31, 2025, and reducing the carry forward time of the tax credits earned from five years to three years.

The bill also requires each company that claims the post-production tax credit or film tax credit to be subject to Georgia income tax for income that is derived from residual payments due to employment, trade, business, profession, or other activity performed within Georgia with respect to a state-certified production.

Authored By: Rep. Ron Stephens (164th)

Rule Applied: Modified-Structured

HB 1084 Education; curricula or training programs which encourage certain concepts; prevent use of
Bill Summary: House Bill 1084 creates the 'Protect Students First Act,' which prevents the use of and reliance on curricula or training programs in state public schools that espouse "divisive concepts," such as: one race is inherently superior to another race; the United States of America is fundamentally racist; an individual, by virtue of their race, is inherently racist or oppressive toward individuals of other races; an individual should be discriminated against or receive adverse treatment because of their race; an individual bears responsibility for actions committed in the past by other individuals of the same race; an individual should feel anguish, guilt, or any other form of psychological distress solely because of his or her race; the appreciation of character traits such as hard work ethic are racist or have been advocated for by individuals of a particular race to oppress individuals of another race; any other form of race scapegoating or race stereotyping.

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No later than August 1, 2022, each local board of education is to adopt a complaint resolution policy to address complaints alleging violations of this new policy. Within three school days of receiving a written complaint, the school principal, or their designee, will determine whether the alleged violation occurred and communicate that decision as well as remedial steps to the complainant within five days. The school principal's determinations will be reviewed by the local school superintendent, or their designee, within 14 days of receiving a written request, and their decision is subject to review by the local board of education or the State Charter Schools Commission.

Decisions may be appealed to the State Board of Education who shall make written findings of any violations. In cases where a local school system has been granted one or more waivers, the State Board of Education will immediately suspend one or more waivers in the local school system's contract. In cases where a school system has not been granted a waiver, the state school superintendent will determine whether to exercise their suspension authority.

House Bill 1084 adds a new subsection of 20-2-316 that no high school that receives Quality Basic Education Act (QBE) funds shall participate in, sponsor, or provide coaching staff for interscholastic sports events that are conducted under the authority of any athletic association unless that association provides for an executive oversight committee and for reimbursement for such oversight committee.

A compliant athletic association has a charter, bylaws, and a ten-member executive oversight committee. The athletic association must also provide for reimbursement for travel expenses incurred by the executive oversight committee for the performance of their duties.

If an athletic association determines that it is necessary and appropriate to prohibit students whose gender is male from participating in athletic events that are designated for students whose gender is female, then the athletic association may adopt a policy to that effect, and that policy shall be applied to all of the association's participating high schools. Any school that does not comply with this code section shall forfeit its allotted funding provided for under Article 6.

Authored By: Rep. Will Wade (9th)

Rule Applied: Modified-Structured

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 two years. A private nuisance action cannot be brought against an agricultural facility or operation unless the plaintiff possess the real property affected by the alleged nuisance. 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: Rep. Robert Dickey (140th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 1175 Georgia Raw Dairy Act; enact
Bill Summary: House Bill 1175 provides for the standards related to the safety, transportation, and sale of raw milk in Georgia. The Department of Agriculture shall be responsible for the enforcement of this article and establishing any related rules and regulations, including rules related to the labeling of raw milk for human consumption, specifications for any glassware used for bottling, and the installation of recording thermometers on bulk farm tanks.
Any person that manufactures, stores, or sells raw milk for human consumption must be in possession of a permit from the department. Permits must be held before the beginning of an operation and are not transferable. All permits are valid for one year and are renewable upon submission of relevant forms. Any person operating under this article must provide the department with any requested data or statistics.
Prior to the issuance of a permit, samples of raw milk shall be collected and tested to ensure
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acceptable pathogenic results. Following the issuance of a permit, the department shall test raw milk for consumption as frequently as necessary to determine a product is not adulterated, misbranded, or otherwise not in compliance. At least four samples must be collected in a six-month period in at least four separate months. Samples must show the raw milk for human consumption conforms to the following standards: bacteria limits below 20,000 per mL; no positive results for drugs; somatic cell count below 500,000 per mL; coliform counts below 10 per mL; and any organisms of Escherichia coli. If the freezing point of milk is greater than -0.525 degrees Celsius, the raw milk is to be considered to contain water and is in violation of this article, the penalty for which is a two-day suspension for a violation of greater than three percent. Raw milk is to be considered adulterated if the presence of drugs, pesticides, herbicides, or other poisonous substances are found; if milk is adulterated, it should be disposed of outside of the human or animal food chain and a penalty shall be imposed. Further, if a drug residue test is positive, a recall shall be initiated. Samples shall be analyzed by a laboratory in compliance with the latest edition of Standard Methods for the Examination of Dairy Products (SMEDP) of the American Public Health Association and the latest edition of Official methods of Analysis (OMA) of the Association of Official Agricultural Chemists (AOAC) International.
HB 1175 requires all raw milk for human consumption to be bottled, packaged, and sealed in the same location the milk is produced. All vessels, including bottles, shall be labeled in accordance to requirements set by the 'Federal Food, Drug, and Cosmetic Act,' as amended by the 'Nutrition Labeling and Education Act of 1990' and any other relevant federal regulations. Bottles, containers, and packages containing approved raw milk for consumption shall also be marked with the following: "Grade A Raw" on the exterior; the identity of the farm in which the product was produced; the statement, "This is a raw milk product that is not pasteurized" in no smaller than 12point font; and the common name of the hoofed animal that produced the milk.
Raw milk for consumption shall be cooled to 10 degrees Celsius or less within four hours and to 7 degrees Celsius or less within two hours of the commencement of milking. Finished, processed, and packaged raw milk shall be kept at 7 degrees Celsius or less during storage and transportation.
Lactating animals that show evidence of milk with abnormalities or that have been treated with or consumed medicinal or radioactive agents must be milked last or using separate equipment and the extracted milk must be discarded. Milk from lactating animals that have consumed medicinal agents as prescribed by a veterinarian or that has been exposed to insecticides shall not be offered for sale. Milking equipment that has been exposed to an animal with milk abnormalities shall be sanitized before being used again to reduce the possibility of re-infection or cross infection. All animals producing raw milk for human consumption must be tested for brucellosis and tuberculosis every 12 months; animals shipped into Georgia for the purpose of milking shall be tested no more than 30 days before being brought into the state. If an animal tests positive, it shall be separated from the herd, retested, and, if necessary, disposed of according to guidelines published by the United States Department of Agriculture.
Each producer of raw milk for human consumption must develop and maintain procedures to notify regulatory officials, consumers, and conduct product recalls.
Any person that violates any of the following shall be found guilty of a misdemeanor: handling of raw milk in unclean or unsanitary places or manners; storage or preparation of any raw milk for human consumption in the same structure where hide or fur of any cow, horse, hog, or other livestock is kept; handling or shipment of raw milk in unclean or unsanitary vessels; exposure of raw milk to flies or another contaminated influence; possession of a branded or registered raw milk can or container for any purpose other than the handling, storage, or shipment of raw milk; the sale of raw milk that is not pure, fresh, and handled with clean equipment; the sale of raw milk from diseased or unhealthy animals or that came in contact with a person suffering from a contagious disease; the sale of raw milk that has been exposed to contaminant that would render the raw milk unsuitable for human consumption; or the sale of raw milk that does not meet the standards set by this article.
HB 1175 exempts any testing equipment used to determine whether a substance has been adulterated with a synthetic opioid from being considered a drug-related object.

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Today on the Floor

Authored By: Rep. Clay Pirkle (155th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 1183 Criminal procedure; increase time allotted to try a criminal case in judicial emergencies; provide
Bill Summary: House Bill 1183 revises the timeline for remission of bonds in criminal cases from payment of judgment to entry of judgment and may consider whether any delay by the surety prevented the prosecution of the accused. The bill also reduces the collateral required for bond companies to have available to five percent of the current outstanding liability, when a bond company has operated for 18 months continuously in a county. Further, the bond companies are not required to have more than $1 million available on deposit.

Authored By: Rep. Stan Gunter (8th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

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.

Further, the bill defines "commercial social networking" and "high-risk sex offender" and makes it a crime for any high-risk sex offender to access or use a commercial social networking website to communicate with a person who the offender believes is under 16 years old, impersonate a person under the age of 16 years old, or gather information about a person who the offender believes is under 16 years of age. The penalty for this crime is a felony with imprisonment of between one to ten years, a maximum fine of $10,000, or both.

Authored By: Rep. Jodi Lott (122nd)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

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 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: Rep. Lauren McDonald (26th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 1276 Community Health, Department of; statistical reports data relating to state health plans be posted on department website; require
Bill Summary: House Bill 1276 requires the Department of Community Health to post on its website statistical reports with data relating to administered state health plans. Reports must include the number and type of enrolled providers; primary care providers per 1,000 people; hospital utilization and costs; membership and beneficiary enrollment data; prescription drug spending data; financial results by aid category; and long-term care data. Updates on the reports will be posted at

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House of Representatives

Daily Report for April 4, 2022

Today on the Floor

least biannually.

Authored By: Rep. Lee Hawkins (27th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 1283 Quality Basic Education Act; recess for students in kindergarten and grades one through five; provide
Bill Summary: House Bill 1283 amends the O.C.G.A 20-2-323 to provide for recess for students in kindergarten and grades one through five every day, beginning in the 2022-2023 school year. Recess is not required on any school day on which a student has had physical education or for other reasons. Each local education board shall establish written policies on recess.

Authored By: Rep. Demetrius Douglas (78th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 1291 Sales and use tax; exemption for sale or lease of computer equipment of high-technology companies; revise spending threshold and extend sunset date
Bill Summary: House Bill 1291 amends O.C.G.A. 48-8-3, relating to exemptions from sales and use tax, by extending the sunset on the exemption for sales or leases of computer equipment to hightechnology companies from June 30, 2023, to December 31, 2028, and modifying the exemption process. The bill removes the ability of the Department of Revenue to issue sales tax exemption certificates for computer equipment and replaces it with a requirement for companies to submit requests for refunds following the completion of the tax year. Companies are eligible for refunds, without interest, on all sales taxes paid on eligible computer equipment, with the exception of 10 percent of the first $15 million of purchases. The bill also specifies that computers or devices issued to employees and prewritten software are not eligible expenses.

The bill further amends O.C.G.A. 48-8-3 by extending the sunset date for the sales tax exemption for high-technology data center equipment to be incorporated or used in a high-technology data center from December 31, 2028, to December 31, 2031, and revising new job creation and expenditure requirements. In counties with a population of greater than 50,000, the job creation requirement is increased from 20 to 25 quality jobs. In counties with a population between 30,000 and 50,000, the new job creation requirement is reduced from 20 to 10 quality jobs, and the expenditure requirement is reduced from $150 million to $75 million. In counties with a population of less than 30,000, the job creation requirement is reduced from 20 to 5 quality jobs, and the expenditure requirement is reduced from $100 million to $25 million.

Authored By: Rep. Vance Smith (133rd)

Rule Applied: Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

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.

Authored By: Rep. Katie Dempsey (13th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 1405 The Zoning Procedures Law; revise
Bill Summary: House Bill 1405 revises the 'Zoning Procedures Law' to establish procedures and notice requirements for specified zoning hearings before quasi-judicial officers, boards, or agencies.

Authored By: Rep. Shea Roberts (52nd)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

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House of Representatives

Daily Report for April 4, 2022

Today on the Floor

HB 1435 Education; needs based financial aid program; include eligibility for students with a financial aid gap
Bill Summary: House Bill 1435 amends the O.C.G.A. 20-3-360 to include eligibility for needsbased financial aid programs for students, part-time and full-time undergraduates, with a financial aid gap. A "financial aid gap" is defined in the bill as the monetary amount remaining after other funding for the cost of attendance certified by a qualified institution. Qualified students are those who have completed the Free Application for Federal Student Aid, who are eligible for a scholarship or grant, and who have completed 80 percent of the credit requirements toward the credential of their study program. Qualified institutions include all University System of Georgia schools, Technical College System of Georgia schools, and non-proprietary institutions eligible for Tuition Equalization Grants. The bill clarifies the maximum award amount to be $2,500 in total per each eligible student. HB 1435 has a sunset date of June 30, 2025.

Authored By: Rep. Chuck Martin (49th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 1461 Local government; annexation of territory; revise provisions relating to dispute resolution
Bill Summary: House Bill 1461 requires a municipal corporation to provide notice of a petition of annexation to any impacted school system. The bill provides proposed annexation objection and arbitration guidelines and procedures for impacted school systems and county governing authorities.

Authored By: Rep. Victor Anderson (10th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HB 1516 Georgia Music Hall of Fame Authority; provide for definitions; provisions
Bill Summary: House Bill 1516 repeals provisions for joint operations between the Georgia Music Hall of Fame and the Georgia Sports Hall of Fame and instead allows for joint operations between the Georgia Music Hall of Fame Authority and the Classic Center Authority.

Authored By: Rep. Houston Gaines (117th)

Rule Applied: Modified-Structured

Motions to Agree: (A motion to agree represents final passage of the bill.)

HR 664 Property; conveyance of certain state owned property; authorize Bill Summary: House Resolution 664 is a conveyance resolution for properties located in eight counties, conveying property owned by the State of Georgia or amending those conveyances, as follows:
Article 1 conveys approximately 13.943 acres located in Carroll County, under the custody of the Technical College System of Georgia, by competitive bid for fair market value or to a local government or state entity for fair market value.
Article 2 conveys approximately 0.045 acres located in Carroll County, under the custody of the Department of Public Safety, to Carroll County for consideration of $10 for title clearing purposes.
Article 3 amends the lease between the State of Georgia, under the custody of the Department of Behavioral Health and Developmental Disabilities and Coastal Center for Developmental Services, Inc., over approximately 2.232 acres in Chatham County for an additional 50-year term under the same terms and conditions as the current lease for the consideration of $1,000 annually.
Article 4 conveys approximately 1.82 acres in Chatham County, under the custody of the Department of Agriculture, to Garden City for a consideration of $10.
Article 5 surpluses approximately one acre in DeKalb County, being a portion of Panola Road Parkand Ride, under the custody of the State Road and Tollway Authority, by competitive bid for fair market value or to a local government or state entity for fair market value.
Article 6 leases approximately 119.25 acres in Fulton County, under the custody of the Department of
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House of Representatives

Daily Report for April 4, 2022

Today on the Floor

Public Safety, to the Justice Federal Credit Union at a fair market rate for a three-year term, with an option for an additional three-year term.

Article 7 surpluses approximately 0.926 of an acre of improved property in Hall County, under the custody of the Department of Agriculture, commonly known as the Gainesville District Office, by competitive bid for fair market value or to a local government or state entity for fair market value.

Article 8 conveys approximately 15 acres in Hall County, under the custody of the Department of Driver Services and the Department of Community Supervision, to Mar-Jac Poultry, Inc for the consideration of exchange of a like or better property.

Article 9 conveys approximately 16 acres in Lumpkin County, under the custody of the Department of Natural Resources, to Lumpkin County for a consideration of $10.

Article 10 amends the existing ground lease of approximately 0.015 of an acre in Rabun County, under the custody of the Department of Natural Resources, to add two ten-year renewal options, while maintaining the existing terms of $16,337.82 annual base rent with an escalation of 3 percent compounded annually and additional rent of 25 percent of annual gross revenue generated by any subleases.

Article 11 leases approximately 0.057 of an acre in Rabun County, under the custody of the Department of Natural Resources, to Southern Communications Services, Inc. for a period of five years with two five-year renewal options for fair market value.

Article 12 conveys approximately 50.08 acres of improved property in Sumter County, under the custody of the Department of Juvenile Justice, commonly known as the Sumter Youth Development Center, to Sumter County Board of Commissioners for $10, so long as the property is used for a public purpose in perpetuity, and the Sumter County Board of Commissioners does not take, nor fail to take, any action that would cause any outstanding tax-exempt bonds to be deemed private activity bonds or arbitrage bonds under the tax Code and does not use the above-described property for any non-governmental purpose, or any purpose that would give rise to private business use within the meaning of the tax Code, any of which cause a reversion to the State of Georgia.

Authored By: Rep. Gerald Greene (151st)

Rule Applied: Modified-Open

Motions to Agree: (A motion to agree represents final passage of the bill.)

HR 683

Property; granting of nonexclusive easements; authorize
Bill Summary: House Resolution 683 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 Bartow, Douglas, Emanuel, Fulton, Gilmer, Gwinnett, Haralson, Paulding, Sumter, and Thomas as follows:

Article 1 grants an easement to Georgia Power Company or its successors and assigns over approximately 0.15 of an acre in Bartow County under the custody of the Department of Economic Development to construct, install, operate, and maintain underground distribution line, and associated equipment at the Toyo Tire Facility, to serve two separate electric vehicle charging stations for fair market value not less than $650.

Article 2 grants an easement to Douglasville-Douglas County Water and Sewer Authority or its successors and assigns over approximately 0.14 of an acre in Douglas County under the custody of the Department of Natural Resources for stormwater culvert repair for the benefit of Sweetwater Creek State Park for $10.

Article 3 grants an easement to Georgia Power Company or its successors and assigns approximately 0.28 of an acre in Emanuel County under the custody of the Department of Corrections to construct, install, operate, and maintain overhead and underground electrical distribution lines and associated equipment to serve the Emanuel Women's Facility for $10.

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Article 4 grants an easement to the Georgia Power Company or its successors and assigns over approximately 0.48 of an acre in Fulton County under the custody of the Department of Public Safety to remove existing facilities and construct, install, operate, and maintain overhead and underground electrical distribution lines and associated equipment to serve the new public safety headquarters building (DPS-043) for $10.

Article 5 grants an easement to the City of Atlanta or its successors and assigns over approximately 0.13 of an acre in Fulton County under the custody of the Department of Economic Development for stormwater culvert upgrades to increase drainage capacity to serve the Georgia World Congress Center for $10.

Article 6 grants an easement to the Georgia Power Company or its successors and assigns over approximately 0.010 of an acre in Gilmer County under the custody of the Department of Agriculture to construct, install, operate, and maintain underground distribution lines, and associated equipment at the Ellijay Farmers Market, for their Grid Investment Plan for $9,350.

Article 7 grants an easement to the Atlanta Gas Light Company or its successors and assigns over approximately 0.26 of an acre in Gwinnett County under the custody of the Technical College System of Georgia to construct, install, operate, and maintain underground natural gas lines and associated equipment to serve Gwinnett Technical College, Building 100 renovations and addition (TCSG-361) for $10.

Article 8 grants an easement to the Georgia Power Company or its successors and assigns over approximately 10 acres in Gwinnett County under the custody of the Technical College System of Georgia to construct, install, operate, and maintain overhead and underground electrical distribution lines and associated equipment to serve Gwinnett Technical College, Building 100 renovations and addition (TCSG-361) for $10.

Article 9 grants an easement to Georgia Power Company or its successors and assigns over approximately 0.42 of an acre in Haralson County under the custody of the Technical College System of Georgia to construct, install, operate, and maintain remote-controlled, motor-operated switches to serve the Waco Substation to efficiently and quickly restore services to the West Georgia Technical College campus for $10.

Article 10 grants an easement to the GreyStone Power Corporation or its successors and assigns over approximately 0.34 of an acre in Paulding County under the custody of the Department of Natural Resources to construct, install, operate, and maintain underground power lines and associated equipment at Sheffield Forest Wildlife Management Area to serve an adjacent property owner for fair market value not less than $650.

Article 11 grants an easement to the Georgia Power Company or its successors and assigns over approximately 12.78 acres in Sumter County under the custody of the Technical College System of Georgia to construct, install, operate, and maintain overhead and underground electrical distribution lines and associated equipment to serve South Georgia Technical College, CDL Facility and Improvements (TCSG-360 ) for $10.

Article 12 grants an easement to Sumter County Schools or its successors and assigns over approximately 0.3 of an acre under the custody of the Technical College System of Georgia to construct, install, operate, and maintain an underground sewer line at South Georgia Technical College to serve the new Sumter County High School for fair market value not less than $650.

Article 13 grants an easement to various public utility companies in an approximate 56-foot wide utility easement area in Thomas County under the custody of the Department of Juvenile Justice to construct, install, operate, and maintain overhead and underground utilities and associated equipment to serve Loftiss Regional Youth Detention Center 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.)

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House of Representatives

Daily Report for April 4, 2022

Today on the Floor

HR 820 James J. Boss Memorial Roundabout; Barrow County; dedicate Bill Summary: HR 820 is the annual road facility dedication package and includes the following dedications:
HR 820, dedicating the intersection of State Route 211 and Old Hog Mountain/Covered Bridge Road in Barrow County as the James J. Boss Memorial Roundabout;
HR 572, dedicating the portion of State Route 139 from Church Street to State Route 85 in Clayton County as the Gold Star Fathers of Georgia Highway;
HR 573, dedicating the portion of State Route 54 from the Clayton/Fayette line to U.S. 41 in Clayton County as the Arnold Fountain Professional Club Highway;
HR 574, dedicating the bridge on State Route 70 at Interstate 285 in Fulton County as the Rev. Joseph Jones Sr. and Darnella Jones Memorial Bridge;
HR 582, dedicating the portion of State Route 372 from Ball Ground Highway to Interstate 575 in Cherokee and Pickens counties as the Roger William Cavender Memorial Highway;
HR 628, dedicating the intersection of State Route 78 and Oak Drive in Gwinnett County as the SPC Etienne J. Murphy Memorial Intersection;
HR 649, dedicating the intersection of State Route1/U.S. 27 and Little Texas Valley Road in Floyd County as the Judge Larry Salmon Memorial Intersection;
HR 668, dedicating the interchange of Interstate 575 at Exit 11 in Cherokee County as the Joseph W. Burson Memorial Bridge;
HR 685, dedicating the State Route 11/Social Circle Bypass bridge at the Little River in Walton County as the Sgt. James Terry Savage Memorial Bridge;
HR 706, dedicating the bridge on State Route 109 over Gola Creek in Pike County as the Rex J. Yerkes Memorial Bridge;
HR 708, dedicating the portion of State Route 53 from the Hall/Forsyth County line to Little Hall Road in Hall County as the Officer Bobbie Sue Hoenie Memorial Highway;
HR 757, dedicating the portion of State Route 26 from mile marker 15 to mile marker 16 in Marion County as the Memorial Mile for Sheriff Horace Irving Snider;
HR 771, dedicating the intersection of State Route 8 and State Route 378/Beaver Ruin Road in Gwinnett County as the SPC Adam L. Harrell Memorial Intersection;
HR 818, dedicating the intersection at State Route 48 and State Route 157 in Chattooga County as the Bobby Lee Cook Memorial Intersection;
HR 819, dedicating the bridge on State Route 51 over the Middle Fork Broad River in Franklin County as the Fred Pulliam Memorial Bridge;
HR 821, dedicating the portion of State Route 211 from the intersection of Old Hog Mountain Road/Covered Bridge Road to the Little Mulberry River Bridge in Barrow County as the Seixas Milner Memorial Highway;
HR 897, dedicating the portion of State Route 144 from mile marker 6 to mile marker 11 in Tattnall County as the Quinton Rush Highway;
HR 620, providing a spelling correction to an existing dedication for the Charlie D. Rogers Memorial Highway WW II ' US Navy;
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Today on the Floor

HR 621, providing a title to an existing dedication for the Hugh L. Moore Memorial Bridge, WW II MIA Purple Heart Recipient;
SR 648, dedicating the intersection of State Route 54 and Ebenezer Road in Fayette County as the Ronald Davis Memorial Intersection;
SR 649, dedicating the intersection of U.S. 19 and Old Zebulon Road in Pike County as the Jerry C. Colwell Memorial Intersection;
SR 665, dedicating the portion of State Route 120/Dallas Highway from John Ward Road to Barrett Parkway in Cobb County as the C.W. and Myrtle Matthews Memorial Highway;
SR 684, dedicating the portion of State Route 155 from Commerce Place to College Street in Henry County as the Joeann Compton Highway;
SR 682, dedicating the interchange of Interstate 75 at Bethlehem Road (GDOT Project #0017182) in Henry County as the Cheri Hobson-Matthews and Andrew Jackson Welch III Interchange;
SR 742, dedicating the bridge on State Route 100 over the Tallapoosa River in Haralson County as the Sammy Robinson Bridge;
SR 749, dedicating the bridge on State Route 54 over the Flint River near Thomas Road in Clayton County as the Jesse Thomas Blalock Bridge;
SR 752, dedicating the intersection of State Route 71 and Wolfe Street/Old Dalton Cleveland Highway in Whitfield County as the Ethel Oliver "Granny" Rogers Memorial Intersection; and
Unnumbered SR, dedicating the intersection of State Route 341 and Lee Clarkson Road in Walker County as the Senator Jeff Mullis Intersection.

Authored By: Rep. Terry England (116th)

Rule Applied: Modified-Open

Motions to Agree: (A motion to agree represents final passage of the bill.)

SB 220

"The Georgia Civics Renewal Act"; enact
Bill Summary: Senate Bill 220 provides for a mandatory course of instruction in financial literacy for students in eleventh or twelfth grade and creates the Georgia Commission on Civics Education. Beginning in the 2024-2025 school year, the State Board of Education adopts content standards for minimum course of instruction in financial literacy to be completed by students in eleventh or twelfth grade. By January 1, 2023, the Professional Standards Commission establishes requirements and procedures to ensure educators are deemed licensed to teach financial literacy.

SB 220 cites 'The Georgia Civics Renewal Act,' which creates the Georgia Commission on Civics Education, consisting of 17 members. The purpose of the commission is to provide for and enhance the education of students on the importance of civic involvement, public service, and communication and collaboration among organizations in the state.

Authored By: Sen. Chuck Payne (54th)

Rule Applied: Modified-Structured

SB 612 City of Stockbridge; corporate limits of such municipality; change
Bill Summary: Senate Bill 612 changes the corporate limits of the city of Stockbridge and provides for the city council districts.

Authored By: Sen. Emanuel Jones (10th)

Rule Applied:

Motions to Agree: (A motion to agree represents final passage of the bill.)

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House of Representatives

Daily Report for April 4, 2022

Today on the Floor

Rules Calendar
HR 798 Joint Study Committee for Cannabis Waste Disposal and Recycling; create
Bill Summary: House Resolution 798 creates a House study committee to study the waste created from products related to medical cannabis and potential uses and value of that waste in producing renewable energy. The study committee consists of five members of the House of Representatives and shall stand abolished on December 1, 2022.

Authored By: House Committee: Floor Vote: Floor Action:

Rep. Mesha Mainor (56th) Regulated Industries
Yeas: 153 Nays: 3 Adopted (Resolution)

Rule Applied: Committee Action: Amendments:

Modified-Open 03-14-2022 Do Pass by Committee Substitute

HR 881

Public schools; study Civil Rights Era and related subjects; encourage
Bill Summary: House Resolution 881 encourages each public school in the state of Georgia to study the Civil Rights Era and related subjects in order to affirm the commitment of the people of Georgia to reject bigotry, to champion equal protection under the law, and to act in opposition to injustice wherever it occurs. HR 881 encourages the inclusion of curriculum on natural law, the natural rights principles of Rev. Dr. Martin Luther King Jr., and the tactics and strategy of nonviolent resistance.

Authored By: House Committee: Floor Vote: Floor Action:

Rep. Mack Jackson (128th) Education
Yeas: 160 Nays: 0 Adopted (Resolution)

Rule Applied: Committee Action: Amendments:

Modified-Open 03-23-2022 Do Pass by Committee Substitute

HR 894 General Assembly; appropriate all unanticipated federal funding allocated for a fiscal year if the sum exceeds $100 million; provide - CA
Bill Summary: House Resolution 864 amends the Constitution to entitle the General Assembly to specifically appropriate unanticipated federal funds that exceed $100 million in a fiscal year.

Authored By: House Committee: Floor Vote: Floor Action:

Rep. Beth Camp (131st)

Rule Applied:

Budget and Fiscal Affairs Oversight Committee Action:

Yeas: Nays:

Amendments:

Recommit to Rules

Modified-Structured 03-09-2022 Do Pass

HR 1024 House Study Committee on Indexing Maximum Weekly Workers' Compensation Indemnity Benefits; create
Bill Summary: House Resolution 1024 creates a study committee to research indexing the maximum amount of weekly workers' compensation benefits to the statewide average weekly wage. The study committee is composed of five members and shall stand abolished on December 1, 2022.

Authored By: House Committee: Floor Vote: Floor Action:

Rep. Tom Kirby (114th) Industry and Labor
Yeas: Nays: Recommit to Rules

Rule Applied: Committee Action: Amendments:

Modified-Open 03-23-2022 Do Pass

HR 1050 Water conservation; commend outstanding advancements made by Atlanta metro region and all Georgians; urge continued initiatives
Bill Summary: House Bill 1050 commends the achievements of the Atlanta metro region and all Georgians related to water conservation. The resolution also urges Georgians to continue water conservation efforts to help growing communities, the agricultural industry, and the state's economy.

Authored By: House Committee:

Rep. Lynn Smith (70th)

Rule Applied:

Natural Resources & Environment Committee Action:

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Modified-Open 03-24-2022 Do Pass

House of Representatives

Daily Report for April 4, 2022

Today on the Floor

Floor Vote: Floor Action:

Yeas: 164 Nays: 0 Adopted (Resolution)

Amendments:

HR 1082 House Study Committee on State and Local Law Enforcement Salaries; create
Bill Summary: House Resolution 1082 creates the House Study Committee on State and Local Law Enforcement Salaries.

Authored By: House Committee: Floor Vote: Floor Action:

Rep. Mike Cheokas (138th) Public Safety & Homeland Security
Yeas: 143 Nays: 0 Adopted (Resolution)

Rule Applied: Committee Action: Amendments:

Modified-Open 04-01-2022 Do Pass

HR 1103 Biden Administration; remove its veto and reapprove Georgia's Medicaid expansion waiver; urge
Bill Summary: House Resolution 1103 urges the Biden administration to remove the veto and reapprove Georgia's Medicaid expansion waiver.

Authored By: House Committee: Floor Vote: Floor Action:

Rep. Mark Newton (123rd) Health & Human Services
Yeas: 97 Nays: 73 Adopted (Resolution)

Rule Applied: Committee Action: Amendments:

Modified-Open 03-29-2022 Do Pass

HR 1147 President of the United States; consider current geopolitical tensions and support policies and take measures to ensure America's long-term energy affordability, security, leadership, and progress; urge
Bill Summary: House Resolution 1147 urges the president of the United States to consider current geopolitical tensions and support policies and take measures to ensure America's long-term energy affordability, security, leadership, and progress. Measures include actions that result in the continued operation of existing oil and natural gas pipelines, the construction of new pipelines, and an end to restrictions on developing the nation's onshore and offshore oil and natural resources.

Authored By: House Committee: Floor Vote: Floor Action:

Rep. Emory Dunahoo (30th) Energy, Utilities & Telecommunications Yeas: 99 Nays: 70 Adopted (Resolution)

Rule Applied: Committee Action: Amendments:

Modified-Open 03-30-2022 Do Pass

HR 1149 House Study Committee on Regulation, Affordability, and Access to Housing; create
Bill Summary: House Resolution 1149 creates the House Study Committee on Regulation, Affordability, and Access to Housing. The committee will be composed of seven members appointed by the speaker of the House, including four members of the House, a real estate industry professional, a serving mayor or county commissioner, and another individual who may be a serving mayor or county commissioner. The committee is abolished on December 1, 2022.

Authored By: House Committee: Floor Vote: Floor Action:

Rep. Dale Washburn (141st) Small Business Development
Yeas: 114 Nays: 43 Adopted (Resolution)

Rule Applied: Committee Action: Amendments:

Modified-Open 03-31-2022 Do Pass

SB 84

Peace Officers' Annuity and Benefit Fund; certain communications officers shall be eligible for membership in such fund; provide
Bill Summary: Senate Bill 84 allows certain communications officers who are certified or maintain compliance with Georgia Peace Officer Standards and Training Council's rules and regulations to become members of the Peace Officers' Annuity and Benefit Fund. The bill also directs .75 percent of 9-1-1 charges remitted to the Department of Revenue to be sent to the fund. This bill is certified by
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the Georgia Department of Audits and Accounts as a fiscal retirement bill. The actuarial investigation determines there is no cost to this legislation, as the increased revenues to the fund cover the cost of expanding membership.

Authored By: House Committee: Floor Vote:

Sen. John Albers (56th) Retirement
Yeas: 161 Nays: 1

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-22-2022 Do Pass

SB 89

Elections and Primaries; chief elections assistance officer; qualifications, appointment, supervision, and duties; provide
Bill Summary: Section 1 allows the State Election Board to appoint members of county boards of elections or county boards of elections and registration to performance review boards.

Section 2 requires ballots and ballot labels to be securely stored in sealed or locked containers, accompanied by ballot transfer forms. The State Election Board is required to promulgate rules and regulations regarding the security and handling of unused security paper.

Section 3 provides that employees must be permitted time off to vote on either Election Day or an advance voting day.

Sections 4 and 5 remove the requirement of sealing the copies of the consolidated primary and election returns that each election superintendent files with the clerk of the superior court.

Section 6 provides that the clerk or county records manager is required to retain and preserve specified election materials for 24 months and prevent such materials from being altered, amended, damaged, modified, or mutilated. Upon certification, election materials are subject to inspection by the public.

Sections 7 and 8 provide the Georgia Bureau of Investigation with original jurisdiction and subpoena power to investigate election fraud and election crimes in specified instances.

Authored By: House Committee: Floor Vote:

Sen. Butch Miller (49th) Special Committee on Election Integrity Yeas: 96 Nays: 69

Rule Applied: Committee Action: Amendments:

Modified-Structured 04-04-2022 Do Pass by Committee Substitute

SB 183

Office of Sheriff; qualification requirements; revise
Bill Summary: Senate Bill 183 requires peace officers who want to qualify as candidates for the office of sheriff to be in good standing with the Georgia Peace Officers Standards and Training (POST) Council. The bill requires the executive director of POST Council to create and provide for an affidavit attesting to the person's compliance with the new standard for qualifying. The director, or his designee, must sign the affidavit and the person seeking to qualify must present the affidavit to elections officials in order to qualify.

The legislation allows a sheriff to be compensated by a supplement for official services by up to two courts.

SB 183 includes clean up in Georgia Code relating to school zone speed detection cameras and the provisions for assessment of civil monetary penalties, the appeal process, and the recourse provided for the local government who was not able to collect payment for penalties. This provision gives the governing body of the county or municipality to apply for the permit for such devices.

Authored By: House Committee: Floor Vote: Floor Action:

Sen. Randy Robertson (29th) Public Safety & Homeland Security
Yeas: Nays: Recommit to Rules

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-24-2022 Do Pass by Committee Substitute

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SB 259

Dangerous Instrumentalities and Practices; firearms and the carrying and possession of firearms and weapons; revise various laws
Bill Summary: Senate Bill 259 revises the prohibition on the creation of a multi-jurisdictional database of those who have been issued a weapons carry license to include a prohibition on creating a database of those who have applied for a permit. SB 259 allows the judge of a probate court to implement online application processes for weapons carry licenses and renewal licenses. The probate court is also authorized to accept a weapons carry license application by first-class mail.

The legislation prohibits local governments from prohibiting the discharge of firearms on a parcel of land that is 10 acres or more when the owners or lawful occupants consent to the discharging of firearms. Local governments are required to dispose of all seized firearms at least once every 12 months during any time in which there is an inventory of five or more firearms. If they do not comply, a person interested in purchasing a firearm may bring an action to compel the disposition of the property.

SB 259 removes places of worship from unauthorized locations a weapon or long gun may be carried and allows places of worship to operate according to law governing private property.

The bill provides a prescriptive process by which an individual may petition the court for relief and apply for a permit after a mental health diagnosis.

The legislation amends Code to provide for prohibited actions by a government official or employee during a declared state of emergency; to provide limits upon the emergency powers of the governor; and to provide for civil remedy.

Authored By: House Committee: Floor Vote:

Sen. Jeff Mullis (53rd)

Rule Applied:

Public Safety & Homeland Security Committee

Action:

Yeas: 94 Nays: 67

Amendments:

Modified-Structured 03-31-2022 Do Pass by Committee Substitute

SB 338

Medicaid; postpartum coverage under Medicaid from six months to one year following birth; increase
Bill Summary: Senate Bill 338 extends the period of postpartum Medicaid coverage from six months to one year after delivery.

Authored By: House Committee: Floor Vote:

Sen. Dean Burke (11th) Health & Human Services
Yeas: 142 Nays: 18

Rule Applied: Committee Action: Amendments:

Modified-Structured 04-04-2022 Do Pass

SB 352

Professions; issuance of expedited licenses by endorsement for certain licenses to spouses of firefighters, healthcare providers, and law enforcement officers who relocate to the State of Georgia; provide
Bill Summary: Senate Bill 352 incorporates the definition of "firefighter" from O.C.G.A. 45-9-81, creates a new definition for "healthcare provider," and incorporates the definition of "law enforcement officer" from O.C.G.A. 45-9-81.

This bill changes the requirements for military spouses to obtain an expedited license by endorsement to require that the spouse not be the subject of an investigation or a disciplinary proceeding by a processional licensing board in his or her previous state.

Further, spouses of firefighters, healthcare providers, or law enforcement officers are eligible to receive expedited licenses by endorsement so long as the individual applying and his or her spouse meet certain requirements.

Authored By: House Committee: Floor Vote:

Sen. Bruce Thompson (14th) Regulated Industries
Yeas: 164 Nays: 0

Rule Applied: Committee Action: Amendments:

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Modified-Structured 03-29-2022 Do Pass by Committee Substitute

House of Representatives

Daily Report for April 4, 2022

Today on the Floor

SB 359

"Safe and Secure Georgia Act"; enact
Bill Summary: Senate Bill 359, the 'Safe and Secure Georgia Act,' contains a number of criminal justice and other legal matters. The bill states that a conviction of possession of a firearm by a convicted felon or first-offender probationer shall be imprisoned for between five and ten years, provided the prior offense was a forcible felony, a domestic violence felony, or an act of family violence. Further, with respect to family violence, evidence of the accused's commission of family violence, domestic abuse, child abuse, or cruelty to children shall be admissible in a corresponding proceeding. This admissibility also applies in proceedings where one is accused of one or more offenses against an elder person or disabled adult. The prosecutor shall disclose evidence at least 10 days in advance of trial.

The bill provides findings with respect to criminal street gangs and requires that a plea of guilty or nolo contendere for a criminal gang offense shall preclude the defendant from disputing matters proved in the criminal proceeding during a subsequent related civil action or proceeding. Additionally, with respect to criminal gang activity, the bill aligns venue considerations for prosecution with the criminal racketeering venue statute.

Further, SB 359 requires that prior felons convicted for abusing a disabled person, elder person, or minor who is subsequently convicted of that same felony offense shall be sentenced for the longest period of time prescribed for that offense subject to probation or suspension of only the maximum sentence.

Authored By: House Committee: Floor Vote: Floor Action:

Sen. John Albers (56th) Judiciary
Yeas: Nays: Recommit to Rules

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-29-2022 Do Pass by Committee Substitute

SB 364

Telephone Service; class action suits and for damages against certain persons for violating provisions relating to telephone solicitations; provide
Bill Summary: Senate Bill 364 allows for citizens on the Do Not Call List who continue to receive unauthorized telephone solicitations, specifically more than two within any six-month period, to bring an action against the person or entity that made the solicitations and/or the person or entity the telephone solicitations were made on behalf of for injunctive relief and damages. When bringing an action, it must be proven that the solicitation was made with permission or acquiescence of the defendant. It is not a defense that the defendant did not make the telephone solicitation or that the defendant was unaware the solicitation violated the law.

Authored By: House Committee: Floor Vote: Floor Action:

Sen. Blake Tillery (19th) Judiciary
Yeas: Nays: Recommit to Rules

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-28-2022 Do Pass by Committee Substitute

SB 441

Courts; reestablishment of the Criminal Case Data Exchange Board as an advisory board to The Council of Superior Court Clerks of Georgia; provide
Bill Summary: Senate Bill 441 is the 'Criminal Records Responsibility Act.' This bill moves the Criminal Case Data Exchange Board, which was established in 2018 under the Criminal Justice Coordinating Council, to an advisory board under the Council of Superior Court Clerks of Georgia. The Council of Superior Court Clerks is required to submit the uniform standards adopted by the Criminal Case Data Exchange Board to the judges. The board consists of 19 members who meet quarterly and serve without compensation, except for the reimbursement of expenses. The board is required to create uniform standards for the creation and transmission of electronic criminal history data between local and state justice agencies. Data will include: arrests; indictments; accusations; information; and final dispositions from convictions. Further, the board must makes recommendations and carry out duties to receive and disburse federal funds for criminal case data exchange and management. By November 1, 2022, the board must make a recommendation for

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House of Representatives

Daily Report for April 4, 2022

Today on the Floor

adoption of an automated system for notifications to victims in certain situations. Further, this bill adds a requirement that district attorneys or solicitors general be required to ensure disposition information is submitted when a final disposition decision is made by a district attorney or solicitor general. The bill also adds a duty that the Georgia Crime Information Center (GCIC) advise and update the policies to reflect the uniform standards issued by the Council of Superior Court Clerks of Georgia. GCIC is required to provide a quarterly report to each clerk of superior court that details the number of open criminal charges, time expired restricted charges, and closed criminal charges of each county. The reports must also be presented to judges or prosecutors, upon request.
Further, the bill provides original jurisdiction to the Georgia Bureau of Investigation (GBI) to identify and investigate election-related claims if there is evidence that is sufficient to change or place in doubt the result of an election. In an election-related investigation, the GBI director, assistant director, and deputy director for investigations is authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of books, papers, documents, or other tangible items.

Authored By: House Committee: Floor Vote:

Sen. Bo Hatchett (50th) Judiciary Non-Civil
Yeas: 98 Nays: 69

Rule Applied: Committee Action: Amendments:

Modified-Structured 04-04-2022 Do Pass by Committee Substitute

SB 505

Communications Officers; 9-1-1 communications officers receive training in the delivery of high-quality telephone cardiopulmonary resuscitation; require
Bill Summary: Senate Bill 505 requires 9-1-1 communications officers to receive training in the delivery of high-quality telephone cardiopulmonary resuscitation in addition to basic training. On and after July 1, 2024, no person will be certified by the council without satisfying this requirement. By January 1, 2024 and in coordination with the Georgia Emergency Communications Authority, the council must establish an amount of continuing education units to be completed annually by communications officers.

Authored By: House Committee: Floor Vote:

Sen. Randy Robertson (29th)

Rule Applied:

Public Safety & Homeland Security Committee Action:

Yeas: 164 Nays: 1

Amendments:

Modified-Structured 03-31-2022 Do Pass by Committee Substitute

SB 516

Solid Waste Management; Environmental Protection Division to contract with the Department of Revenue to collect certain fees; require
Bill Summary: Senate Bill 516 requires that fees collected for the disposal of solid wastes and hazardous wastes be annually appropriated to the Hazardous Waste Trust Fund and establishes a new method of collecting the one-dollar tire fee assessed on the purchase of new tires. The fee will shift from being collected by the Environmental Protection Division to being collected by the Department of Revenue as a part of the sales and use tax collection and remittance process. The bill also adds a representative of the tire industry to the Recycling Market Development Council.

Authored By: House Committee: Floor Vote:

Sen. Randy Robertson (29th) Ways & Means
Yeas: 169 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 03-31-2022 Do Pass by Committee Substitute

SR 135

Sports Betting; related matters; provide -CA
Bill Summary: Senate Resolution 135 amends the Georgia State Constitution, relating to the ad valorem taxation of timber, by reducing the rate of taxation from two and one half times the rate of other real property to the same rate as other real property. The resolution also requires the General Assembly to annually appropriate funds to each county, municipality, or school district that experiences a revenue reduction resulting from the revised tax rate on timber in an amount equal to 50 percent of the revenue reduction for the jurisdiction's first three percent of ad valorem tax revenue and 100 percent of revenue loss that exceeds three percent of the jurisdiction's ad valorem revenue. Ballot language is included in the resolution.

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House of Representatives

Daily Report for April 4, 2022

Today on the Floor

Authored By: House Committee: Floor Vote: Floor Action:

Sen. Jeff Mullis (53rd) Economic Development & Tourism
Yeas: 160 Nays: 0 Adopted (Resolution)

Rule Applied: Committee Action: Amendments:

Modified-Structured 03-28-2022 Do Pass by Committee Substitute

SR 477

Joint Georgia Music Heritage Study Committee; create
Bill Summary: Senate Resolution 477 creates the Georgia Music Heritage Study Committee to examine: the economic impact of the music industry in Georgia, as well as ways to measure, expand, and promote the state's music economy and foster integration with other creative industries, including film, digital media, and gaming; the current state of the music tourism sector in Georgia and ways to support, promote, and grow that sector; musical tour and theatrical productions in Georgia and ways to develop, promote, and attract investment from that sector of the industry; and the Georgia Music Hall of Fame and its awards ceremony and ways that the institution can promote music in the state while providing for continued economic development. The committee is composed of 14 members: six members of the Senate and eight members of the House of Representatives. This committee is abolished on December 1, 2022.

Authored By: House Committee: Floor Vote: Floor Action:

Sen. Jeff Mullis (53rd) Creative Arts & Entertainment
Yeas: 159 Nays: 4 Adopted (Resolution)

Rule Applied: Committee Action: Amendments:

Modified-Open 03-10-2022 Do Pass

SR 504

Native American Tribes; recognize
Bill Summary: Senate Resolution 504 recognizes the significant role that Native American tribes have played in Georgia and dedicates a Georgia red cedar tree on the State Capitol grounds in their honor. A Native American Day ceremony will be held at the State Capitol on November 17, 2022.

Authored By: House Committee: Floor Vote: Floor Action:

Sen. Jeff Mullis (53rd)

Rule Applied:

State Planning & Community Affairs Committee Action:

Yeas: 164 Nays: 0

Amendments:

Adopted (Resolution)

Modified-Open 03-31-2022 Do Pass

Local Calendar
HB 1614 Forsyth County; levy an excise tax
Bill Summary: House Bill 1614 authorizes the governing authority of Forsyth County to levy an excise tax.

Authored By: House Committee: Floor Vote:

Rep. Todd Jones (25th) Intragovernmental Coordination Local Yeas: 158 Nays: 2

Rule Applied: Committee Action: Amendments:

04-01-2022 Do Pass

SB 321 DeKalb County; salary of certain judges, judicial officers, and county officers; increase
Bill Summary: Senate Bill 321 revises the compensation of certain judges, judicial officers, and county officers of DeKalb County.

Authored By: House Committee: Floor Vote:

Sen. Emanuel Jones (10th) Intragovernmental Coordination Local Yeas: 158 Nays: 2

Rule Applied: Committee Action: Amendments:

04-01-2022 Do Pass by Committee Substitute

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House of Representatives

Daily Report for April 4, 2022

Today on the Floor

SB 641 Chattahoochee Hills Convention and Visitors Bureau Authority; create
Bill Summary: Senate Bill 641 creates the Chattahoochee Hills Convention and Visitors Bureau Authority.

Authored By: House Committee: Floor Vote:

Sen. Matt Brass (28th) Intragovernmental Coordination Local Yeas: 158 Nays: 2

Rule Applied: Committee Action: Amendments:

04-01-2022 Do Pass

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House of Representatives

Daily Report for April 4, 2022

Committee Actions

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

Creative Arts & Entertainment Committee

SB 157

"Fair Business Practices Act of 1975"; deceptive practice of musical performance groups advertising; prohibit
Bill Summary: The committee substitute to Senate Bill 157 makes it necessary for a ticket sales entity to indicate whether a ticket is transferrable before the transaction is completed for the sale of the ticket.

Authored By: House Committee:

Sen. Bill Cowsert (46th) Creative Arts & Entertainment

Committee Action:

04-04-2022 Failed

Health & Human Services Committee
SB 338 Medicaid; postpartum coverage under Medicaid from six months to one year following birth; increase
Bill Summary: Senate Bill 338 extends the period of postpartum Medicaid coverage from six months to one year after delivery.

Authored By: House Committee:

Sen. Dean Burke (11th) Health & Human Services

Committee Action:

04-04-2022 Do Pass

Judiciary Committee

SB 52

Selling and Other Trade Practices; legislative findings; standards for cybersecurity programs to protect businesses from liability; provide
Bill Summary: Senate Bill 52 is the 'Wrongful Conviction Compensation Act.' The bill creates the Wrongful Conviction Compensation Review Panel under the authority of the Claims Advisory Board. The review panel is composed of five members serving three-year terms. Members of the panel include a judge who presides over felony criminal matters in any state court who is appointed by the chief justice of the Georgia Supreme Court; a prosecutor appointed by the governor; a criminal defense attorney appointed by the governor; an attorney, forensic science expert, or law professor with expertise in wrongful convictions who is appointed by the speaker; and an attorney, forensic science expert, or law professor with expertise in wrongful convictions who is appointed by the president of the Senate.

In order to be eligible for compensation, the claimant must establish by a preponderance of the evidence that: 1) the claimant was convicted of one or more felonies and subsequently incarcerated; 2) the claimant proclaims his or her innocence; 3) the claimant did not commit, or bribe or induce someone to commit perjury, fabricate evidence, or engage in conduct intended to bring about the conviction; and 4) the claimant was exonerated for the crime in which compensation is being requested.

In order to receive compensation, the claimant must establish by a preponderance of the evidence that: 1) the claimant received a pardon based on innocence for the conviction; 2) the claimant was exonerated based on grounds of innocence; or 3) the claimant did not commit the crime for which the claimant was convicted and did not commit any lesser-included offenses. The claim must be filed with the board within three years after the date that the claimant's eligibility was established. If a hearing is held, the claimant, the district attorney from the circuit that the conviction occurred, and the attorney general will be provided notice in advance.

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House of Representatives

Daily Report for April 4, 2022

Committee Actions

Recommendations to the board may include $100,000 for each year of wrongful incarceration, although they shall not be less than $50,000 per year. The review panel is allowed to include reasonable attorneys' fees, as well. Any monetary judgment or settlement agreement against the state or a locality that is related to the wrongful conviction will be deducted from the sum of money that is included in the recommendation of the review panel. The board will adopt the recommendation of the panel and transmit the recommendation to the chief justice of the Supreme Court of Georgia within seven days of receiving it. If the chief justice adopts the recommendation of the board, it will be paid from the judiciary budget, subject to appropriations by the General Assembly. Payment shall be made in the form of an annuity, with claimants who are 60 years or older receiving payments over a 10year period and claimants under the age of 60 receiving payments over a 20-year period.

The bill defines "exonerated" as having his or her judgment reversed or vacated, having been granted a new trial, and having the indictment or accusation dismissed or nolle prossed; having his or her judgment reversed or vacated, or was granted a new trial and, upon retrial, acquitted; or having received a pardon based on innocence.

Authored By: House Committee:

Sen. Bruce Thompson (14th) Judiciary

Committee Action:

04-04-2022 Do Pass by Committee Substitute

Judiciary Non-Civil Committee

SB 441

Courts; reestablishment of the Criminal Case Data Exchange Board as an advisory board to The Council of Superior Court Clerks of Georgia; provide
Bill Summary: Senate Bill 441 is the 'Criminal Records Responsibility Act.' This bill moves the Criminal Case Data Exchange Board, which was established in 2018 under the Criminal Justice Coordinating Council, to an advisory board under the Council of Superior Court Clerks of Georgia. The Council of Superior Court Clerks is required to submit the uniform standards adopted by the Criminal Case Data Exchange Board to the judges. The board consists of 19 members who meet quarterly and serve without compensation, except for the reimbursement of expenses. The board is required to create uniform standards for the creation and transmission of electronic criminal history data between local and state justice agencies. Data will include: arrests; indictments; accusations; information; and final dispositions from convictions. Further, the board must makes recommendations and carry out duties to receive and disburse federal funds for criminal case data exchange and management. By November 1, 2022, the board must make a recommendation for adoption of an automated system for notifications to victims in certain situations. Further, this bill adds a requirement that district attorneys or solicitors general be required to ensure disposition information is submitted when a final disposition decision is made by a district attorney or solicitor general. The bill also adds a duty that the Georgia Crime Information Center (GCIC) advise and update the policies to reflect the uniform standards issued by the Council of Superior Court Clerks of Georgia. GCIC is required to provide a quarterly report to each clerk of superior court that details the number of open criminal charges, time expired restricted charges, and closed criminal charges of each county. The reports must also be presented to judges or prosecutors, upon request.

Further, the bill provides original jurisdiction to the Georgia Bureau of Investigation (GBI) to identify and investigate election-related claims if there is evidence that is sufficient to change or place in doubt the result of an election. In an election-related investigation, the GBI director, assistant director, and deputy director for investigations is authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of books, papers, documents, or other tangible items.

Authored By: House Committee:

Sen. Bo Hatchett (50th) Judiciary Non-Civil

Committee Action:

04-04-2022 Do Pass by Committee Substitute

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House of Representatives

Daily Report for April 4, 2022

Committee Actions

Special Committee on Election Integrity Committee

SB 89

Elections and Primaries; chief elections assistance officer; qualifications, appointment, supervision, and duties; provide
Bill Summary: Section 1 allows the State Election Board to appoint members of county boards of elections or county boards of elections and registration to performance review boards.

Section 2 requires ballots and ballot labels to be securely stored in sealed or locked containers, accompanied by ballot transfer forms. The State Election Board is required to promulgate rules and regulations regarding the security and handling of unused security paper.

Section 3 provides that employees must be permitted time off to vote on either Election Day or an advance voting day.

Sections 4 and 5 remove the requirement of sealing the copies of the consolidated primary and election returns that each election superintendent files with the clerk of the superior court.

Section 6 provides that the clerk or county records manager is required to retain and preserve specified election materials for 24 months and prevent such materials from being altered, amended, damaged, modified, or mutilated. Upon certification, election materials are subject to inspection by the public.

Sections 7 and 8 provide the Georgia Bureau of Investigation with original jurisdiction and subpoena power to investigate election fraud and election crimes in specified instances.

Authored By: House Committee:

Sen. Butch Miller (49th) Special Committee on Election Integrity

Committee Action:

04-04-2022 Do Pass by Committee Substitute

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Locations