Daily report, 2023 March 1

DAILY REPORT Wednesday March 1, 2023

26th Legislative
Day

House Budget & Research Office (404) 656-5050

The House will reconvene for its 27th Legislative Day on Thursday, March 2 at 10:00 a.m. The Rules Committee will meet at 9:00 a.m. 20 bills / resolutions are expected to be debated on the floor.

Today on the Floor

Rules Calendar
HB 43 Council on American Indian Concerns; revise membership
Bill Summary: HB 43 adds a requirement to the membership of the Council on American Indian Concerns to include at least one member representing each of the American Indian tribes of Georgia identified in Code. It updates the address list of American Indian tribes recognized by the State of Georgia.

Authored By: House Committee: Floor Vote:

Rep. Marvin Lim (98th)

Rule Applied:

State Planning & Community Affairs Committee Action:

Yeas: 164 Nays: 0

Amendments:

Modified-Structured 02-21-2023 Do Pass

HB 51

Education; local boards of education use vehicles other than school buses for transport of students; authorize
Bill Summary: HB 51 amends O.C.G.A. 20-2-1076 to allow local boards of education to utilize alternative means of transportation other than school buses to transport students to school and schoolrelated activities where appropriate.

Authored By: House Committee: Floor Vote:

Rep. Clay Pirkle (169th) Education
Yeas: 164 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2023 Do Pass by Committee Substitute

HB 63

Insurance; insurers providing policies for groups of 20 or more to furnish claims experience at the request of a group policyholder; require
Bill Summary: HB 63 allows group policyholders with at least 20 covered employees to receive claims experience from the insurance company.

Authored By: House Committee: Floor Vote:

Rep. Noel Williams (148th) Insurance
Yeas: 166 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-22-2023 Do Pass

HB 130 Georgia Student Finance Authority; student loan repayment for peace officers; provide
Bill Summary: HB 130 establishes a student loan repayment program for eligible full-time peace officers. The total repayment amount must not exceed $20,000 or the total student debt amount, whichever is less. Payments will be paid in annual installments for a period not exceeding five years.

House of Representatives

Daily Report for March 1, 2023

Today on the Floor

The Georgia Student Finance Authority is authorized to establish rules and regulations to implement the program, and the program is contingent upon appropriation of funds by the General Assembly.

Authored By: House Committee: Floor Vote:

Rep. Matthew Gambill (15th) Higher Education
Yeas: 172 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2023 Do Pass by Committee Substitute

HB 185

Education; provide for HOPE Inclusive Postsecondary Education (IPSE) grants
Bill Summary: HB 185 provides for the establishment of Inclusive Postsecondary Education (IPSE) grants. The grants would be awarded to eligible Georgia students enrolled on or before July 1, 2028, in authorized IPSE programs at qualified postsecondary institutions in an amount equal to the current academic year undergraduate tuition at each student's qualified institution.

Authored By: House Committee: Floor Vote:

Rep. Houston Gaines (120th) Higher Education
Yeas: 165 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2023 Do Pass by Committee Substitute

HB 298

Courts; exemption or deferment from jury service for natural or adoptive mothers of children six months of age or younger; provide
Bill Summary: HB 298 excuses or defers from jury service a natural or adoptive parent who has a child six months of age or younger and has custody of that child, with the excusal or deferment granted upon the parent executing an affidavit.

Authored By: House Committee: Floor Vote:

Rep. Lauren Daniel (117th) Judiciary
Yeas: 163 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2023 Do Pass by Committee Substitute

HB 308

Revenue and taxation; certain medical preceptor rotations; revise tax credit
Bill Summary: HB 303 amends O.C.G.A. 48-7-29.22 to replace the structure for tax credits provided to a physician for medical preceptor rotations from a $500 credit for each of the first three rotations and a $1,000 credit for the fourth through 10th rotation in a calendar year to $1,000 for every medical preceptor rotation up to 10 in a calendar year.

The structure for an advanced practice registered nurse or physician assistant is also revised from a $375 credit for each of the first three rotations and a $750 credit for each of the fourth through 10th rotation in a calendar year to $750 for every preceptor rotation up to 10 in a calendar year. The bill adds licensed dentist as eligible for the same tax credit as a physician.

Authored By: House Committee: Floor Vote:

Rep. Mark Newton (127th) Ways & Means
Yeas: 169 Nays: 1

Rule Applied: Committee Action: Amendments:

Structured 02-23-2023 Do Pass

HB 311

Ad valorem tax; optional temporary tax relief to certain properties located in nationally declared federal disaster areas; provide
Bill Summary: HB 311 amends O.C.G.A. 48-5-33, relating to ad valorem taxation of property, to create an optional temporary tax relief mechanism for buildings damaged by a natural disaster that may be utilized by local governments, pursuant to Article VII, Section I, Paragraph III(h) of the Georgia Constitution.

During a disaster response operation, the local emergency management director of an impacted area will travel to and assess whether buildings damaged by the disaster are qualified as either "major" or "destroyed". Assessments will be provided to the relevant county tax commissioners, who will identify eligible tax parcel numbers within the assessment before providing the assessment to each affected governing authority located within the disaster area.

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Today on the Floor

Upon receipt of the report, a governing authority may adopt a resolution providing a defined amount of temporary tax relief to eligible damaged or destroyed buildings. The temporary tax relief may be offered in the form of either a millage rate reduction or a credit.

Authored By: House Committee: Floor Vote:

Rep. Lynn Smith (70th) Ways & Means
Yeas: 164 Nays: 0

Rule Applied: Committee Action: Amendments:

Structured 02-23-2023 Do Pass

HB 318

Education; reestablishment of Office of Charter School Compliance under State Charter Schools Commission
Bill Summary: HB 318 amends Chapter 2 of Title 20 to reestablish the Office of Charter School Compliance, create the Office of District Flexibility, and require administrative fees held back by the state or local school system for the administration of charter schools to be used solely for that purpose.

The Office of Charter School Compliance is reestablished under the State Charter Schools Commission and assists with the administration, review of, and creation of new local charter schools. The bill creates the Office of District Flexibility under the Department of Education to help school systems become and remain a charter system.

Up to three percent may be retained by local boards of education from the charter school funding to provide administrative services for the local charter school. The local board of education must spend these funds solely and directly on administrative services performed for the local charter school. Any funds not expended should be remitted to the local charter school each year by June 30th.

The Department of Education may retain up to three percent for the administration of state chartered special schools. Any funds not used by June 30th for the administration of the state chartered special school will be remitted to the school. The State Charter School Commission must follow the same structure relating to retaining and reimbursing state charter schools for the three percent administrative fee collected.

Authored By: House Committee: Floor Vote:

Rep. Scott Hilton (48th) Education
Yeas: 145 Nays: 17

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2023 Do Pass by Committee Substitute

HB 336

Buildings and housing; prohibit Georgia state minimum standard codes from prohibiting use of certain refrigerants
Bill Summary: HB 336 stipulates that no provision within the Georgia state minimum standard codes will prohibit the use of a refrigerant if the refrigerant has been approved for usage after July 1, 2023 under the provisions of 42 U.S.C. 7671. The equipment containing the refrigerant must also be listed and installed according to standards stated in 42 U.S.C. 7671.

Authored By: House Committee: Floor Vote:

Rep. Brent Cox (28th) Natural Resources & Environment
Yeas: 162 Nays: 2

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2023 Do Pass

HB 338 Student Technology Protection Act; enact
Bill Summary: HB 338, the 'Student Technology Protection Act', amends the 'Quality Basic Education Act' by revising O.C.G.A 20-2-324 to provide that schools promote the safe and appropriate use of technology.
By October 1, 2023, each local board of education and charter school governing body will adopt an acceptable use policy with the purpose of preventing and prohibiting any computer or network from accessing obscene materials. Each system will take necessary steps to implement and enforce the

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Daily Report for March 1, 2023

Today on the Floor

acceptable use policy to filter grade-appropriate content on school-owned devices.

Authored By: House Committee: Floor Vote:

Rep. Chris Erwin (32nd) Education
Yeas: 163 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2023 Do Pass by Committee Substitute

HB 402

Education; water safety education information to parents of students under 18 years of age and to students 18 years of age and older; provide
Bill Summary: HB 402, the 'Edna Mae McGovern Act', amends O.C.G.A. 20-2-779.3 to require each public school to provide parents or students over 18 years of age with information on water safety education. At the beginning of each school year, the school will provide information to promote safety in, on, and around bodies of water. This may include information on local water safety courses and swim lessons.

Authored By: House Committee: Floor Vote:

Rep. Scott Hilton (48th) Education
Yeas: 159 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2023 Do Pass by Committee Substitute

HB 406

Georgia Public Service Commission; regulation of the provision of certain electricity used as a motor fuel in electric vehicles; provide
Bill Summary: HB 406 amends the Code defining terms related to electric vehicles and adding language regarding the sale of electricity at electric vehicle charging stations, making it similar to the sale of gasoline. It gives regulative authority over electric vehicle charging stations to the Department of Agriculture and clarifies that the supply of electricity by an electric utility to premises that are electric vehicle charging stations will be considered a sale at retail. The provision of electric vehicle charging services will not violate the 'Georgia Territorial Electric Service Act', as long as it occurs on the same property as the charging station.

The commissioner of the Department of Agriculture may hire charging station inspectors and investigators, and is expected to enforce rules and regulations upon those employed. All electric vehicle charging stations are required to provide accurate readings of electricity charged to each vehicle on a per kilowatt-hour basis and will be further equipped with meters that record numbers for total hours.

Stations found to give inaccurate readings will be deemed inoperable until reapproved by the department, and those found to provide accurate readings will be marked with a seal by an authorized inspector. The department is given the power to implement rules necessary to carry out inspections in the manner provided by in this Code. The bill makes it unlawful to tamper with an inspector-issued seal and outlines penalties for further violations.

Authored By: House Committee: Floor Vote:

Rep. Rick Jasperse (11th) Technology and Infrastructure Innovation Yeas: 161 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-22-2023 Do Pass by Committee Substitute

HB 436 Surface mining; revise maximum criminal penalties for violations
Bill Summary: HB 436 amends O.C.G.A. 12-4-84, relating to surface mining, by raising the maximum fine for violating requirements set in the Code section or for willfully misrepresenting information from $1,000 to $10,000.

Authored By: House Committee: Floor Vote:

Rep. John Corbett (174th) Natural Resources & Environment
Yeas: 164 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2023 Do Pass

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Daily Report for March 1, 2023

Today on the Floor

HB 460

Courts; child's right to legal representation in legitimation cases; provide
Bill Summary: HB 460 provides a right to counsel for a child who is the subject of a legitimation petition and a child who is party to a hearing to determine whether continuation or termination of a temporary guardianship is in the best interests of a child. Custodians or guardians whom are subject to a sworn complaint or affidavit and any other respondent to a dependency proceeding have the right to an attorney at all stages of the dependency proceedings.

A child receiving extended care youth services from the Division of Family and Children Services is provided a right to counsel for all stages of dependency proceedings. The bill requires that affidavits or sworn complaints only be used when a child is taken into custody under exceptional circumstances.

A trial court can appoint an attorney for a child at all stages of proceedings for extended care youth services. The child will be provided notice of their right to an attorney and be given the opportunity to: use, waive the right, obtain an attorney of their choice, or obtain the court-appointed attorney in the court's discretion.

Authored By: House Committee: Floor Vote:

Rep. Mandi Ballinger (23rd) Juvenile Justice
Yeas: 165 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2023 Do Pass by Committee Substitute

HB 500

Crimes and offenses; offense of arson of law enforcement vehicle; provide
Bill Summary: HB 500 creates the offense of arson of a law enforcement vehicle. Any person convicted of the offense is punished by a fine up to $100,000 or by imprisonment for a minimum of five years with a maximum of 20 years, or both.

Authored By: House Committee: Floor Vote:

Rep. Deborah Silcox (53rd)

Rule Applied:

Public Safety & Homeland Security Committee Action:

Yeas: 100 Nays: 69

Amendments:

Modified-Structured 02-23-2023 Do Pass

HB 505 Crimes and offenses; riot; provide for a felony penalty
Bill Summary: HB 505 makes the offense of riot a felony offense punishable by imprisonment for a minimum of one year up to a maximum of 20 years.

Authored By: House Committee: Floor Vote:

Rep. Mike Cheokas (151st)

Rule Applied:

Public Safety & Homeland Security Committee

Action:

Yeas: 98 Nays: 73

Amendments:

Modified-Structured 02-23-2023 Do Pass

HB 508

Crimes and offenses; orders be served on a respondent within 24 hours of the court's issuance of such order; provide
Bill Summary: HB 508 requires the clerk of a superior court to issue a summons and deliver it for service to the party whom the order is against within 24 hours of the issuance of an ex parte order under O.C.G.A. 16-5-94 for temporary relief for a petitioner or minor from stalking.

Authored By: House Committee: Floor Vote:

Rep. Mandi Ballinger (23rd) Juvenile Justice
Yeas: 167 Nays: 0

Rule Applied: Committee Action: Amendments:

Modified-Structured 02-23-2023 Do Pass

HB 509 Crimes and offenses; burglary; include an act of family violence
Bill Summary: HB 509 expands the crime of burglary in the first and second degrees to include when a person enters the house, or other specified building or structure, of another person with the intent to commit an act of family violence.

Authored By:

Rep. Mandi Ballinger (23rd)

Rule Applied:

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Modified-Structured

House of Representatives
House Committee: Floor Vote:

Daily Report for March 1, 2023

Today on the Floor

Juvenile Justice Yeas: 163 Nays: 4

Committee Action: Amendments:

02-23-2023 Do Pass by Committee Substitute

Postponed Until Next Legislative Day
HB 212 Niche-Beauty Services Opportunity Act; enact
Bill Summary: HB 212 repeals and replaces the Code sections pertaining to cosmetology by modernizing and revising the following provisions. The Code allows for the following license categories: barber II; barber II apprentice; esthetician; esthetician apprentice; hair designer; hair designer apprentice; hair removal technician; hair removal apprentice; instructor; master barber; master barber apprentice; master cosmetologist; master cosmetologist apprentice; nail technician; and nail technician apprentice.
The State Board of Cosmetology and Barbers will remain in existence, and the board membership and membership terms will remain the same. All board rules and regulations will remain in existence. The board consists of nine members, and the board will be required to meet at least once a year to adopt rules and regulations, and handle other required matters.
Licenses are required for an individual to engage in, teach, hold themselves out as licensed in, or advertise that they are qualified to offer services in the practice of barbering II, aesthetics, hair design, master barbering, master cosmetology, or nail care. It is unlawful to own, operate, or open a service salon or school of instruction without a license.
The following are exempt from licensing: braiding hair by hairweaving, wrapping, or using extensions; applying cosmetics; washing, shampooing, combing, or brushing hair in a licensed service salon, provided that activities do not include application or removal of any chemicals that alter hair structure; and washing hair, blow drying or styling hair, threading, or any combination of those activities.
In order for an individual to wash hair, blow dry or style hair, engage in threading, or do any combination of those activities for compensation, they must complete a health and safety course approved by the board for a maximum of four hours and maintain proof of course completion.
To obtain an occupational license, an applicant must be at least 17 years old, meet minimum education requirements, and meet the study course requirement at a board-approved school or the apprentice requirement. Licenses must be stored in a conspicuous place, and are renewable for a period of two years. Upon renewal, a licensee must have proof of five hours of continuing education taken during the two-year term. The board can require that either three or four hours of continuing education be satisfied by a health and safety course.
The bill provides for a license by endorsement for an applicant who holds a license or certification in another state as long as the applicant completes the application and is in good standing in the other state. The board can issue an expedited license by endorsement to any occupational license to any current or discharged member of the military who holds a license in another state.
A person can learn under one of the apprentice licenses if they are at least 16 years of age and file the required application. These licenses are effective for a four-year period and are not eligible for renewal.
The board has the power to: refuse to grant, renew, or restore a license; revoke a license; suspend any license for a definite period of time or an indefinite period of time; administer a reprimand; require coursework; limit or restrict a license as the board deems necessary for the public health, safety, and welfare; and impose a fine independent of any other action.
For more strenuous violations, the board can impose an additional $500 fine for each violation, although a violation of not following board rules and regulations is only punishable by a maximum fine of $100 for the first violation, $200 for the second violation, and $300 for any subsequent

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Daily Report for March 1, 2023

Today on the Floor

violation.
Authored By:

Rep. David Jenkins (136th)

Rule Applied: Modified-Structured

HB 244

Board of Natural Resources; effective date for certain rules and regulations; extend
Bill Summary: HB 244 amends O.C.G.A. 27-1-39 by extending the date for which the rules and regulations of the Board of Natural Resources are in effect. The bill amends O.C.G.A. 24-4-136 by requiring licensed seafood dealers to report non-activity to the department in the same manner as provided by rule or regulation.

O.C.G.A. 27-4-188 is revised by defining the term "cage" and stipulates that for a larger outer unit holding smaller units inside, the entire unit should be treated as a single cage. Language is updated to give the department authority over decisions regarding whether or not violators of O.C.G.A. 27-2-25 should have their harvester permit revoked. HB 244 eliminates the current cage fee in effect, and makes it legal to hunt bobcat and fox using electronic calls or sounds.

Authored By: Rep. Jesse Petrea (166th)

Rule Applied: Modified-Structured

HB 273 Board of Natural Resources; extend date by which rules and regulations must be in effect for purposes of establishing criminal violations
Bill Summary: HB 273 revises the effective date for rules and regulations promulgated by the Board of Natural Resources to January 1, 2023.

The bill makes the following changes to the composition of the Sapelo Island Heritage Authority: allows the governor to appoint a designee; increases the number of members from the Hog Hammock community from one to two; removes the commissioner of the Human Relations; and designates the commissioner of the Department of Natural Resources the chairperson and the governor as the vice chairperson of the authority.

Authored By: Rep. Buddy DeLoach (167th)

Rule Applied: Modified-Open

HB 295

Insurance; consumer protections against surprise billing; revise certain procedures
Bill Summary: HB 95 relates to surprise billing and clarifies provisions relating to arbitration. The bill requires the designation of plans that are subject to the exclusive jurisdiction of the 'Employee Retirement Income Security Act of 1974'. The bill extends the time insurers have to submit data after an arbitration request is made from 30 to 60 days.

Authored By: Rep. Lee Hawkins (27th)

Rule Applied: Modified-Structured

HB 362

Insurance; benefit provider to disclose certain payments to a treating healthcare provider; provide
Bill Summary: HB 362 requires benefit providers to provide a written account of payments and reimbursements for services to treating providers upon 30 days of a request being made.

Authored By: Rep. Karen Mathiak (74th)

Rule Applied: Modified-Structured

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Daily Report for March 1, 2023

Next on the Floor

Next on the Floor from the Committee on Rules
The Committee on Rules has fixed the calendar for the 27th Legislative Day, Thursday, March 2, and bills may be called at the pleasure of the Speaker. The Rules Committee will next meet on Thursday, March 2,
at 9:00 a.m., to set the Rules Calendar for the 28th Legislative Day.

HB 31

Conservation and natural resources; Hazardous Waste Trust Fund; dedicate proceeds of certain hazardous waste fees
Bill Summary: HB 31 amends O.C.G.A. 12-8-95, relating to the Hazardous Waste Trust Fund, by dedicating hazardous waste management and substance reporting fees collected by the state to the Hazardous Waste Trust Fund.

Authored By: House Committee:

Rep. Debbie Buckner (137th) Ways & Means

Rule Applied: Committee Action:

Structured 02-27-2023 Do Pass

HB 128

Revenue and taxation; representation of minority business enterprises, women and veteran owned businesses in procurement of state contracts; provide
Bill Summary: HB 128 revises definitions and language regarding minority owned businesses. The term 'member of a minority' is removed and replaced with 'classified subcontractor'. This definition is for a small business certified as a minority owned business. The commissioner of the Department of Administrative Services is required to maintain a list of classified subcontractors and make the list available to the general public by December 31 of each year. 'Minority' is defined as a member of a race which makes up less than fifty percent of the total state population and belongs to one or more of the following groups: Black, Hispanic, Asian pacific, Native American, or Asian-Indian American. A 'veteran owned business' is defined as a business owned by an individual who has served as a reservist or on active duty with a branch of the United States military and did not receive a dishonorable discharge. A 'woman owned business' is required to be operated by one or more women. The requirement for an application containing business history and documentation for classification as one of these terms is removed.

Authored By: House Committee:

Rep. Soo Hong (103rd)

Rule Applied:

State Planning & Community Affairs Committee Action:

Modified-Structured 02-14-2023 Do Pass

HB 144

George L. Burgess Act; enact
Bill Summary: HB 144 updates the rights of a ward in a guardianship by clarifying that a ward can communicate freely and privately with people other than the guardian through visitation, telephone calls, email, or personal mail. If a guardian violates the right of the ward to communicate, visit, or interact with others, in O.C.G.A. 29-4-22(b), then a ward or interested party can petition the court with evidence alleging that the guardian violated that right.

If the court finds the guardian violated the ward's right, then a court can impose a maximum fine of $1,000 for each violation. After two violations have been reported and ruled on by a court, the court can impose temporary suspension of the guardianship and appoint another guardian until the violations are resolved.

Authored By: House Committee:

Rep. Regina Lewis-Ward (115th) Juvenile Justice

Rule Applied: Committee Action:

Modified-Structured 02-23-2023 Do Pass by Committee Substitute

HB 163

Georgia Board of Health Care Workforce; student loan repayment for medical examiners employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation; provide
Bill Summary: House Bill 163 establishes a student loan repayment program for full-time medical examiners employed with the Division of Forensic Sciences of the Georgia Bureau of Investigation. The total repayment amount must not exceed $120,000 or the total student debt amount, whichever is

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Daily Report for March 1, 2023

Next on the Floor

less, and the payments will be paid in annual installments, for a period not exceeding five years. The Georgia Student Finance Authority is authorized to establish rules and regulations to implement the program and the program is contingent upon the appropriation of funds by the General Assembly.

Authored By: House Committee:

Rep. Lauren McDonald (26th) Higher Education

Rule Applied: Committee Action:

Modified-Structured 02-27-2023 Do Pass by Committee Substitute

HB 227

Crimes and offenses; offense of criminal interference with critical infrastructure; provide
Bill Summary: HB 227 clarifies that the offense of criminal damage to property in the first degree can be committed through electronic means against critical infrastructure or any vital public service. The penalty for this crime is increased to imprisonment of between two to 20 years. The bill revises the misdemeanor crime of interfering with property of public utility companies, municipalities, or political subdivisions owning critical infrastructure, by prohibiting a person from altering or interfering with critical infrastructure. The definition for "critical infrastructure" in O.C.G.A. 16-11220 is amended to include other vital public services.

Authored By: House Committee:

Rep. Rob Leverett (123rd) Judiciary Non-Civil

Rule Applied: Committee Action:

Modified-Structured 02-27-2023 Do Pass by Committee Substitute

HB 230

Revenue and taxation; qualified consolidated government special purpose local option sales tax; provide
Bill Summary: HB 230 amends O.C.G.A. 48-8-6, relating to sales and use taxes, to allow for a qualified consolidated government to implement a special purpose local option sales tax (SPLOST) for a coliseum capital outlay project, which is defined as any capital outlay project related to a multiuse coliseum or civic center type of facility. The tax will be set at a rate of 0.5 percent. The bill provides for the mechanism to implement the SPLOST as well as the ballot language to be used.

Authored By: House Committee:

Rep. Mark Newton (127th) Ways & Means

Rule Applied: Committee Action:

Structured 02-27-2023 Do Pass

HB 264

Revenue and taxation; handling of appeals of property tax assessments; revise certain deadlines and procedures
Bill Summary: HB 264 amends O.C.G.A. 48-5-311, relating to the creation of county boards of equalization, duties, review of assessments, and appeals, by changing the following deadlines related to appeals of property tax assessments.

The deadline for the county board of tax assessors to notify a taxpayer of any corrections or changes is changed from 180 days to 90 days after receipt of a notice of appeal. The deadline for county boards of equalization to hold a hearing on questions presented in an appeal is changed from 180 days to 90 days from the receipt of a notice of appeal. The time period for a county board of tax assessors to review a taxpayer's written appeal is changed from 90 days to 60 days. The deadline for a taxpayer to deem changes unacceptable is changed from 30 days to 15 days from the mailing of a notice of changes made following a written appeal by the county board of tax assessors. The time period for a county board of tax assessors to send or deliver documentation to an appeal administrator is changed from 30 days to 15 days from a taxpayer rejecting changes. The deadline for a taxpayer to forward an appeal to the board of equalization is changed from 30 days to 15 days following the mailing of a county board of tax assessors notice of no changes or corrections.

In the case of certain actions not being taken by the county board of tax assessors within 90 days, appeals will be forwarded to the county board of equalization. If a hearing is not scheduled within 180 days from the date of an appeal being sent to an appeal administrator, the assessed fair market value for the taxpayer's property for the tax year in question will default to the property value asserted by the taxpayer in the appeal. A fair market value set in this manner may not be used as a comparison in future tax appeals. The bill allows for electronic notifications from the county board of equalization for notices of hearings or decisions if the taxpayer or taxpayer's authorized agent

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Next on the Floor

approves such correspondence.

The bill amends O.C.G.A. 48-5-299, relating to changing real property values established by appeal in prior year or stipulated by agreement, by striking language stating that a taxpayer failing to attend an appeal hearing or provide written evidence is as an exception for the board of tax assessors to be unable to raise a new valuation for two successive years. The bill strikes exception language that includes errors in a description or characterization of property in the records of the board of tax assessors' records.

Authored By: House Committee:

Rep. Vance Smith (138th) Ways & Means

Rule Applied: Committee Action:

Structured 02-27-2023 Do Pass by Committee Substitute

HB 302

Crimes and offenses; issuance of a temporary or permanent protective order by the court; provide
Bill Summary: HB 302 allows courts to issue either temporary or permanent protective orders to protect against conduct that constitutes stalking.

Authored By: House Committee:

Rep. Lehman Franklin (160th) Judiciary Non-Civil

Rule Applied: Committee Action:

Modified-Structured 02-27-2023 Do Pass

HB 327 Crimes and offenses; incest; include step-grandparent and step-grandchild relationship
Bill Summary: HB 327 adds a grandparent and step-grandchild to O.C.G.A. 16-6-22(a)(4), which is a list of people whom it is prohibited to have sexual intercourse or sodomy with. Existing language applies to a grandparent and grandchild.

Authored By: House Committee:

Rep. Mike Cameron (1st) Judiciary Non-Civil

Rule Applied: Committee Action:

Modified-Structured 02-27-2023 Do Pass

HB 373 State holidays; September 11 as First Responders Appreciation Day; designate
Bill Summary: HB 373 designates September 11 of each year as "First Responders Appreciation Day".

Authored By: House Committee:

Rep. Sheila Jones (60th) Special Rules

Rule Applied: Committee Action:

Modified-Open 02-27-2023 Do Pass

HB 375

Guardian and ward; authority of conservator and cooperation with guardian or other interested parties; define gross settlement
Bill Summary: HB 375, relating to conservatorships and guardians, defines "gross settlement" as the present value of all amounts paid or to be paid in settlement of the claim, including: cash; medical expenses; expenses of litigation; attorney's fees; and any amounts allotted to a structured settlement or other similar financial arrangement.

Authored By: House Committee:

Rep. Rob Leverett (123rd) Judiciary

Rule Applied: Committee Action:

Modified-Structured 02-23-2023 Do Pass

HB 384

Insurance; annual notification by insurers to male insureds of coverage for prostate-specific antigen tests; provide
Bill Summary: HB 384 requires insurers to notify covered males about annual prostate-specific antigen tests. This notification applies to covered males who are at least 45 years old and if ordered by a physician, those age 40 years and older.

Authored By: Rep. Sharon Henderson (113th)

Rule Applied: Modified-Structured

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Next on the Floor

House Committee:

Insurance

Committee Action:

02-28-2023 Do Pass

HB 408

Sales and use tax; exemption for competitive projects of regional significance; change sunset provision
Bill Summary: HB 408 amends O.C.G.A. 48-8-3, relating to sales and use tax exemptions, to extend the sunset date for an exemption on sales of tangible personal property used for construction of a competitive project of regional significant to December 31, 2026.

Authored By: House Committee:

Rep. Bruce Williamson (112th) Ways & Means

Rule Applied: Committee Action:

Structured 02-27-2023 Do Pass

HB 545

Agricultural Commodity Commission for Citrus Fruits; provide
Bill Summary: HB 545 creates the Agricultural Commodity Commission for Citrus Fruits beginning July 1, 2023, for producers who own or operate at least five acres of citrus fruit-bearing trees. Every three years a ballot will be taken to determine whether or not to continue the commission for another three years.

Authored By: House Committee:

Rep. Charles Cannon (172nd) Agriculture & Consumer Affairs

Rule Applied: Committee Action:

Modified-Structured 02-27-2023 Do Pass

HR 96

Ad valorem tax; rate reduction for sale or harvest of timber; provide - CA
Bill Summary: HR 96 amends the Georgia Constitution, relating to the ad valorem taxation of timber, by reducing the rate of taxation from 2.5 times the rate of other real property to the same rate as other real property, beginning January 1, 2025.

The resolution 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. The annual appropriation is to begin January 1, 2026. Ballot language is included.

Authored By: House Committee:

Rep. Noel Williams (148th) Ways & Means

Rule Applied: Committee Action:

Structured 02-23-2023 Do Pass

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Committee Actions

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

Agriculture & Consumer Affairs Committee

HB 458

Agriculture; hemp farming; provide for intent
Bill Summary: HB 458 amends O.C.G.A. 2-32-2 relating to hemp farming licensure, permitting, and product analysis. To sell hemp products in a retail setting, the establishment must be licensed annually by the Department of Agriculture. Consumable hemp products must have a QR code visible to allow customers to access the certificate of analysis conducted on the product. The department will randomly test consumable hemp products to ensure compliance with this Code section. The bill prohibits retailers from selling hemp products to any individual under the age of 21.

Authored By: House Committee:

Rep. Clay Pirkle (169th) Agriculture & Consumer Affairs

Committee Action:

03-01-2023 Do Pass by Committee Substitute

HB 471

Fair Business Practices Act; add example of an unfair practice regarding brokerage engagements
Bill Summary: HB 471 creates O.C.G.A. 10-1-393.18 to require a notice on each unsolicited mailing from unlicensed entities trying to purchase or purchase an option in real property from the addressee that the addressee is under no obligation to respond. The notice must be in capital letters and at least two inches from other text at the top of the mailing. The front of the envelope must have similar wording, "SOLICITATION, YOU ARE UNDER NO OBLIGATION TO OPEN OR TO RESPOND", in an effort to warn elderly consumers of their right to disregard any solicitations to sign away their property rights.

The bill prohibits brokerage engagements from attaching a lien, encumbrance, or other real property security interest, and deems such items void if one is attached.

Authored By: House Committee:

Rep. Clint Crowe (118th) Agriculture & Consumer Affairs

Committee Action:

03-01-2023 Do Pass

HB 528

Georgia Online Automatic Renewal Transparency Act; enact
Bill Summary: HB 528 the 'Georgia Online Automatic Renewal Transparency Act', relating to deceptive and unfair trade practices regarding the automatic monthly charges for a service or product. Companies must have a clear and conspicuous method of cancellation online if the company also allows consumers to accept an automatic renewal or continuous service online. The bill requires companies to provide consumers with notice if there is a material change in the terms of the renewal offer.

Authored By: House Committee:

Rep. Houston Gaines (120th) Agriculture & Consumer Affairs

Committee Action:

03-01-2023 Do Pass by Committee Substitute

Banks & Banking Committee

HB 531

Local government; provide investment policies
Bill Summary: HB 531 sets criteria for local government investment policies, requiring investment objectives of the policies to account for safety of capital, sufficient liquidity, obtaining a market rate of return that takes into consideration cash flow requirements, and ensuring diversified investments to reduce portfolio risks. An investment policy will specify appropriate performance measures, describe prudent and ethical standards to be followed by the local government in carrying out its investment activities, and provide for appropriate reporting of investment activities.

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Committee Actions

Local governments that elect to not adopt a written investment policy will only invest surplus public funds in the local government investment pool, registered money market funds and shares, U.S. Treasury obligations, or bank deposits held for investment purposes.

Authored By: House Committee:

Rep. Carter Barrett (24th) Banks & Banking

Committee Action:

03-01-2023 Do Pass by Committee Substitute

Governmental Affairs Committee

HB 48

Elections; district attorneys and solicitors-general of state courts be elected in nonpartisan elections; provide
Bill Summary: HB 48 allows the General Assembly to pass local legislation that requires district attorneys and solicitors general of state courts to be elected in nonpartisan elections.

Authored By: House Committee:

Rep. Jesse Petrea (166th) Governmental Affairs

Committee Action:

03-01-2023 Do Pass by Committee Substitute

HB 374

Local government; municipal deannexation; repeal certain provisions
Bill Summary: HB 374 provides guidelines and requirements for municipal deannexations. The bill prohibits deannexations that result in the formation of unincorporated islands or noncontiguous areas within the municipality.

Authored By: House Committee:

Rep. Brad Thomas (21st) Governmental Affairs

Committee Action:

03-01-2023 Tabled

HB 514

Housing Regulation Transparency Act; enact
Bill Summary: HB 514 creates the 'Housing Regulation Transparency Act'. The bill establishes a 180-day time limit, subject to specified exceptions, for any local ordinance or resolution that would result in a temporary moratorium on single-family residential zoning decisions or permit issuance or approval for single-family residential purposes.

The bill authorizes local governments to levy and collect specified fees related to exercising zoning powers and issuing associated permits. The proceeds of such fees are required to be used to fund the administration and enforcement of zoning ordinances. Local governments are authorized to waive any zoning-related fees for single-family housing developments or projects of less than 2,500 square feet of conditioned space per unit.

Authored By: House Committee:

Rep. Dale Washburn (144th) Governmental Affairs

Committee Action:

03-01-2023 Do Pass by Committee Substitute

HB 559

Elections; preferential treatment during advance voting to voters accompanied by children five years of age or under; provide
Bill Summary: HB 559 allows voters who are 70 years of age or older, disabled, or who are accompanied by one or more children five years of age or younger to move to the front of the line during advance voting or on election day.

Authored By: House Committee:

Rep. Saira Draper (90th) Governmental Affairs

Committee Action:

03-01-2023 Do Pass by Committee Substitute

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Committee Actions

Health Committee

HB 441

Professions; authorize and regulate teledentistry by licensed dentists pursuant to permits issued by Georgia Board of Dentistry
Bill Summary: HB 441 prevents licensed dentists from providing teledentistry unless the dentist has been issued a permit by the Georgia Board of Dentistry. Permits will only be issued after a licensed dentist proves there is an established referral relationship with a dentist who practices in a physical dental office in Georgia within 50 miles of where the teledentistry interaction will occur.

The teledentistry permit allows a dentist to: authorize a licensed dental hygienist to perform dental hygiene functions; prescribe medications that are not controlled substances; authorize digital scans; and authorize the transmittal of patient records. The bill includes conditions for providing dental care through teledentistry as well as insurance coverage requirements.

The bill allows dental assistants to perform coronal polishing on a patient under the direct supervision of a licensed dentist.

Authored By: House Committee:

Rep. Katie Dempsey (13th) Health

Committee Action:

03-01-2023 Do Pass by Committee Substitute

HB 445

Professions and businesses; administration of anesthesia by certified registered nurse anesthetists; revise a provision
Bill Summary: HB 445 relates to the administration of anesthesia by certified registered nurse anesthetists, and adds dentists and podiatrists as providers who can authorize an order for anesthesia that will be administered by a certified registered nurse anesthetist. The bill states that anesthesia administered by a certified registered nurse anesthetist is considered the practice of nursing.

Authored By: House Committee:

Rep. Karen Mathiak (74th) Health

Committee Action:

03-01-2023 Failed

HB 455

Professions and businesses; professional programs to address career fatigue and wellness in healthcare professionals; provisions
Bill Summary: HB 455 provides that no person or entity is required to report information to a licensing board regarding a healthcare professional who is participating in a professional program that addresses issues related to career fatigue and wellness in healthcare professionals unless the person or entity determines that there is a reasonable probability that the professional is not competent to practice or is a danger to themselves, patients, or the public.

The bill provides for immunity from civil liability for members of any committee, board, group, or commission that reviews, evaluates, or makes recommendations on these professional programs. The bill provides that proceedings and related documents of a professional program are not subject to discovery or introduction into evidence in any civil action, with exceptions.

Authored By: House Committee:

Rep. John LaHood (175th) Health

Committee Action:

03-01-2023 Do Pass

HB 493

Professions and businesses; verification of competency for registered professional nursing licenses; revise a provision
Bill Summary: HB 493 relates to continuing competency requirements for registered professional nursing licenses and adds federally operated healthcare facilities as an eligible facility to verify competency.

Authored By: House Committee:

Rep. Matt Hatchett (155th) Health

Committee Action:

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03-01-2023 Do Pass

House of Representatives

Daily Report for March 1, 2023

Committee Actions

HB 546

Georgia Pharmacy Practice Act; pharmacy care; revise definition
Bill Summary: HB 546 amends the definition of "pharmacy care" within the 'Georgia Pharmacy Practice Act' to allow for adaption of a prescription drug order. The bill allows a pharmacist to adapt a prescription drug order, under certain circumstances, by changing the quantity of medication prescribed, changing the dosage form of the prescription, and completing missing information on a prescription drug order. Adaptions must be documented and done with patient consent.

Authored By: House Committee:

Rep. Rick Jasperse (11th) Health

Committee Action:

03-01-2023 Do Pass by Committee Substitute

Intragovernmental Coordination - Local Committee
HB 492 Hartwell, City of; corporate boundaries; revise provisions Bill Summary: HB 492 revises the corporate boundaries of the City of Hartwell.

Authored By: House Committee:

Rep. Alan Powell (33rd) Intragovernmental Coordination Local

Committee Action:

03-01-2023 Do Pass

HB 539

Wilkes County; Probate Court judge also serve as chief magistrate judge of Magistrate Court; provide
Bill Summary: HB 539 provides that the judge of the Probate Court of Wilkes County will also serve as the chief magistrate judge of the Magistrate Court of Wilkes County.

Authored By: House Committee:

Rep. Rob Leverett (123rd) Intragovernmental Coordination Local

Committee Action:

03-01-2023 Do Pass

HB 547 East Dublin, City of; extend corporate limits Bill Summary: HB 547 extends the corporate limits of the City of East Dublin.

Authored By: House Committee:

Rep. Matt Hatchett (155th) Intragovernmental Coordination Local

Committee Action:

03-01-2023 Do Pass

HB 569 Bryan County; State Court; judge shall serve in a full-time capacity; provide
Bill Summary: A bill to provide that the judge of the State Court of Bryan County will serve in a full-time capacity.

Authored By: House Committee:

Rep. Ron Stephens (164th) Intragovernmental Coordination Local

Committee Action:

03-01-2023 Do Pass

HB 580 Carroll County; Board of Education; compensation of members; change provisions Bill Summary: HB 580 provides for the compensation of the Board of Education of Carroll County.

Authored By: House Committee:

Rep. J Collins (71st) Intragovernmental Coordination Local

Committee Action:

03-01-2023 Do Pass

HB 586 Haralson County; Probate Court; authorize assessment and collection of a technology fee Bill Summary: HB 586 authorizes a technology fee by the Probate Court of Haralson County.

Authored By:

Rep. Tyler Smith (18th)
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Committee Actions

House Committee:

Intragovernmental Coordination - Committee

Local

Action:

03-01-2023 Do Pass

HB 596 Randolph County; Probate Court; authorize assessment and collection of a technology fee Bill Summary: HB 596 authorizes a technology fee by the Probate Court of Randolph County.

Authored By: House Committee:

Rep. Gerald Greene (154th) Intragovernmental Coordination Local

Committee Action:

03-01-2023 Do Pass

Judiciary Non-Civil Committee

HB 181

Controlled Substances; mitragynine and hydroxymitragynine are Schedule I; provide
Bill Summary: HB 181 adds two compounds that are found in kratom to Georgia's list of Schedule I controlled substances, which are prohibited drugs due to the high potential of abuse, no currentlyaccepted medical use in treatment in the United States, and lack of accepted safety for use of the drug under medical supervision. The bill prohibits any material, compound, or mixture that contains either: more than 15 milligrams per serving size, or 15 milligrams per gram, of mitragynine; or more than 0.3 milligrams per serving size, or 0.005 milligrams per gram, of 7-hydroxymitragynine.

The bill also limits the definition of the term "kratom" in O.C.G.A. 16-13-120 as being an amount of mitragynine that is less than or equal to 15 milligrams or of 7-hydroxymitragynine that is less than or equal to 0.3 milligrams per serving size or 0.005 milligrams per gram. The bill limits the methods that kratom can be ingested and requires that the sale of kratom be only behind the counter in stores. Entities that import, distribute, sell, or manufacture kratom must have a registered agent in the state, and the products must follow certain labeling requirements. The product must be either raw natural plant leaf or of a powder solely consisting of raw natural plant leaf.

If a person knowingly violates provisions in the bill, they will be guilty of a felony with a penalty of imprisonment of between one to 15 years, a maximum fine of $100,000, or both.

Authored By: House Committee:

Rep. Rick Townsend (179th) Judiciary Non-Civil

Committee Action:

03-01-2023 Tabled

HB 188 Georgia Dangerous Sexual Predator Prevention Act; enact
Bill Summary: HB 188 is known as 'Mariam's Law'.
Section 2-1 changes the name of the Sexual Offender Registration Review Board to the Sexual Offender Risk Review Board (SORRB).
Section 3-1 defines the term "sexual felony" to be a felony conviction of the following crimes: aggravated assault; kidnapping that involves a victim under the age of 14, except by a parent; sex trafficking; rape; aggravated sodomy; statutory rape; child molestation; aggravated child molestation; enticing a child for indecent purposes; improper sexual contact by employee or agent in the first or second degree or improper sexual contact by a foster parent in the first or second degree, unless the punishment was not subject to O.C.G.A. 17-10-6.2; incest; aggravated sexual battery; and sexual exploitation. Any person who was previously convicted of a sexual felony who is convicted of aggravated assault with the intent to rape will be subject to imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life. Electronic monitoring is imposed as a condition of probation.
Section 3-2: Any person who was previously convicted of a sexual felony that is convicted of kidnapping is subject to imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life that includes electronic monitoring as a condition of probation.
Section 3-3: Any person who was previously convicted of a sexual felony that is convicted of human trafficking for sexual servitude is subject to imprisonment for life or a split sentence that is a term of
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Committee Actions

imprisonment followed by probation for life that includes electronic monitoring as a condition of probation.
Section 3-4: Any person who was previously convicted of a sexual felony that is convicted of rape is subject to imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life that includes electronic monitoring as a condition of probation.
Section 3-5: Any person who was previously convicted of a sexual felony that is convicted of aggravated sodomy is subject to imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life that includes electronic monitoring as a condition of probation.
Section 3-6: Any person who was previously convicted of a sexual felony that is convicted of statutory rape is subject to imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life that includes electronic monitoring as a condition of probation.
Section 3-7: Any person who was previously convicted of a sexual felony that is convicted of aggravated child molestation is subject to imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life that includes electronic monitoring as a condition of probation.
Section 3-8: Any person who was previously convicted of a sexual felony that is convicted of enticing a child for indecent purposes is subject to imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life that includes electronic monitoring as a condition of probation.
Section 3-9: Any person who was previously convicted of a sexual felony that is convicted of improper sexual contact by an employee, agent, or foster parent in the first or second degree is subject to imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life that includes electronic monitoring as a condition of probation.
Section 3-10: Any person who was previously convicted of a sexual felony that is convicted of incest is subject to imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life that includes electronic monitoring as a condition of probation.
Section 3-11: Any person who was previously convicted of a sexual felony that is convicted of aggravated sexual battery is subject to imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life that includes electronic monitoring as a condition of probation.
Section 3-12 removes the crime for removing or inhibiting an electronic monitoring device who is required to wear it under O.C.G.A. 42-1-14, as a response in part to the Supreme Court of Georgia case Park v. State.
Section 3-13: Any person who was previously convicted of a sexual felony that is convicted of sexual exploitation of children is subject to imprisonment for life or a split sentence that is a term of imprisonment followed by probation for life that includes electronic monitoring as a condition of probation.
Section 4-1 changes the name of SORRB and requires that a defendant who was sentenced to probation submit to SORRB within 60 days of being sentenced for a risk assessment rather than the current requirement of 10 days.
Section 5-1 changes the name of SORRB.
Section 6-1 changes the name of SORRB and adds the crime of electronically furnishing obscene material to minors to the list of crimes defined as a "dangerous sexual offense" under O.C.G.A. 42-112(a)(10)(B.4).

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Committee Actions

Section 6-2 changes the name of SORRB.

Section 6-3 repeals and replaces O.C.G.A. 42-1-14, which was previously ruled unconstitutional. The section clarifies the procedure for when a sexual offender moves from another state or territory to Georgia, the risk assessment process for sexually dangerous predators, and the timelines for when risk assessment evaluations need to be made by SORRB. A person receiving a Level II risk classification, or as a sexually dangerous predator, may request re-evaluation after 10 years from the initial classification and then once every five years thereafter.

Section 6-4 requires the court to refer a case to an officer of the circuit for investigation and recommendation prior to sentencing when a life sentence may be imposed because of a previous conviction for a sexual felony. SORRB is also required to determine the classification level of the defendant in writing and report that determination to the court. The findings will be provided to the prosecutor and defendant no later than 10 days prior to the sentencing hearing.

Section 6-5 requires the Department of Community Supervision to file a petition on behalf of a person who is on probation for life for a sexual felony after that person has served 10 years if: all restitution has been paid; probation has not been revoked; the probationer has not been arrested for anything other than a non-serious traffic offense; and the probationer has not been classified as a sexually dangerous predator by SORRB. Upon issuing an order terminating an offender's probation, the court will provide written notice to the local district attorney and the State Board of Pardons and Paroles regarding the court's intention, and the prosecuting attorney will be given an opportunity to be heard during the 30 days prior to the issuance of the termination order by the court. The provisions changed by this portion of the bill are retroactive to any probationer under the supervision of the Department of Community Supervision. If the petition is not granted, a petition will be filed every five years afterward until the probationer meets the requirements.

Section 6-6 changes the name of SORRB in a reference and allows the person who was convicted as a sexual offender to obtain supervision records of the Department of Community Supervision.

Section 7-1 states that this will apply to all offenses committed on or after July 1, 2023.

Authored By: House Committee:

Rep. Steven Sainz (180th) Judiciary Non-Civil

Committee Action:

03-01-2023 Do Pass by Committee Substitute

HB 218

Evidence; sexual assault hearsay for disabled adults and 17 year olds; provide
Bill Summary: HB 218 allows for the admission of an out-of-court statement, which is currently hearsay, as testimony in court when a disabled adult or a 17- year-old who is mentally or physically incapacitated describes any act of nonconsensual sexual contact or any act of physical abuse performed with or on the disabled adult or 17-year-old. The person to whom the information was told must be available to be cross examined. The disabled adult or 17-year-old who is mentally or physically incapacitated must testify about the alleged abuse.

Authored By: House Committee:

Rep. Scott Hilton (48th) Judiciary Non-Civil

Committee Action:

03-01-2023 Do Pass by Committee Substitute

HB 219

Banking and finance; venue for offense of money laundering; provide
Bill Summary: HB 219 adds venue for any prosecution under Title 7 (Banking and Finance), Chapter 1 (Financial Institutions), Article 11 (Records and Reports of Currency Transactions) when it involves the transfer or movement of digital money or currency to be in any county where the accused exercise control over the money or currency; any county in which any act was performed in furtherance of the transaction; or any county in which an alleged victim lives.

The bill adds venue for any prosecution dealing with the applicable crimes of theft to be in any county where an act was performed in furthering the violation or in any county in which an alleged

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Committee Actions

victim resides.

Authored By: House Committee:

Rep. Scott Hilton (48th) Judiciary Non-Civil

Committee Action:

03-01-2023 Do Pass by Committee Substitute

HB 231

Prosecuting Attorneys Oversight Commission; create
Bill Summary: HB 231 creates the Prosecuting Attorneys' Oversight Commission, which consists of an investigative panel and a 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. 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.

Authored By: House Committee:

Rep. Joseph Gullett (19th) Judiciary Non-Civil

Committee Action:

03-01-2023 Tabled

HB 253

Crimes and offenses; offense of drug-induced homicide; provide
Bill Summary: HB 253 adds additional penalties for the purchase, possession, or control of fentanyl or a derivative or analog of fentanyl. If the aggregate weight of the mixture containing fentanyl is less than four grams, the penalty is imprisonment between three to seven years. If the amount is four grams or more, then O.C.G.A. 16-13-31(b) applies regarding the penalty. The mandatory minimums for trafficking drugs contained in O.C.G.A. 16-13-31 are not able to be probated, stayed, or deferred.

The bill makes it a felony for manufacturing, distributing, dispensing, or possessing with intent to distribute, a controlled substance within 1,000 feet of a public or private treatment facility. The first violation is penalized by imprisonment of up to 20 years, a maximum fine of $20,000, or both. A subsequent offense is penalized by imprisonment of between five years to 40 years, a maximum fine of $40,000, or both, with the prison sentence being a mandatory minimum of five years, served consecutively, and unable to be merged.

Authored By: House Committee:

Rep. Martin Momtahan (17th) Judiciary Non-Civil

Committee Action:

03-01-2023 Failed

HB 334

Georgia Crime Information Center; criminal history record information restrictions for certain persons cited with or convicted of certain criminal offenses; provide
Bill Summary: HB 334 revises O.C.G.A. 35-3-37 to make those who commit the crime of theft eligible for a record restriction. The bill removes the limitation that only two misdemeanor convictions, or a series of misdemeanors arising from one incident, could be requested to be restricted through a petition. It increases eligibility for who can petition the court to seal records to: those who have had records restricted pursuant to O.C.G.A. 17-10-21 (Vacating of Sentence for Trafficking Victim Defendants); and an individual who was cited for a criminal offense and later had the charge dismissed, nolle prossed, or reduced to a violation of a local ordinance.

The court will be required to order all records held by the clerk to be restricted and unavailable to the public if the record has been restricted through a pardon by the Board of Pardons and Paroles. The bill allows restricted information to always be available to criminal justice agencies for law enforcement or criminal investigative purposes. It removes the requirement that the prosecutor must

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Committee Actions

agree with a petition to the court for a retroactive grant of first offender status. The bill does not allow a court to provide retroactive first offender status for a conviction that was used as the underlying conviction pursuant to 16-11-131 (possession of firearms by convicted felons and first offender probationers) or if the conviction was used to enhance a sentence pursuant to 17-10-7 (punishment of repeat offenders).

Authored By: House Committee:

Rep. Tyler Smith (18th) Judiciary Non-Civil

Committee Action:

03-01-2023 Do Pass

HB 383

Safer Hospitals Act; enact
Bill Summary: HB 383 is known as the 'Safer Hospitals Act'. The bill defines the term "healthcare worker" as any employee or independent contractor of a hospital or other healthcare facility. Increased penalties are added when someone commits aggravated assault against a healthcare worker or an emergency health worker located on a hospital campus. The penalty is imprisonment between three to 20 years.

The bill increases penalties for committing aggravated battery against a healthcare worker or an emergency health worker located on a hospital campus. The penalty is imprisonment between three to 20 years.

A new chapter in the Code is created that defines "hospital", "hospital campus", and "hospital peace officer". The provisions allow a hospital guard to have arrest powers while on a hospital campus, and hospital security who are certified by the Georgia Peace Officer Standards and Training Council (POST) can be authorized by a hospital to carry a firearm or weapon. Each hospital that employs law enforcement are required to report to the Georgia Bureau of Investigation (GBI) and local law enforcement incidents of criminal gang activity that occurs on or adjacent to the hospital campus. The bill requires records not protected under a state disclosure law to be available for public inspection.

The bill is effective July 1, 2023.

Authored By: House Committee:

Rep. Matt Reeves (99th) Judiciary Non-Civil

Committee Action:

03-01-2023 Do Pass by Committee Substitute

HB 450

Courts; reestablishment of Criminal Case Data Exchange Board; provide
Bill Summary: House Bill 450 reestablishes the Criminal Case Data Exchange Board under the Judicial Council of Georgia. The board is required to promulgate regulations for the creation and transmission of electronic criminal history data by and between local and state law enforcement agencies, and provide for an automated system for notification of case information to victims, by July 1, 2023.

Authored By: House Committee:

Rep. Stan Gunter (8th) Judiciary Non-Civil

Committee Action:

03-01-2023 Do Pass by Committee Substitute

Public Health Committee

HB 565

Social services; temporary assistance for needy families; increase access to benefits
Bill Summary: HB 565 extends the lifetime maximum cash assistance available through the Temporary Assistance for Needy Families (TANF) program from 48 months to 60 months effective July 1, 2023. The bill increases the resource limit of an applicant to $5,000, excluding the value of a vehicle if it is used for activities related to work, training, or education. If there is an additional vehicle not used for these purposes, a $4,650 exclusion is applied.

Authored By: House Committee:

Rep. Tyler Smith (18th) Public Health

Committee Action:

Page 20 of 22

03-01-2023 Do Pass by Committee Substitute

House of Representatives

Daily Report for March 1, 2023

Committee Actions

Public Safety & Homeland Security Committee

HB 424

Courts; office of sheriff; revise qualification requirements
Bill Summary: HB 424 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 the POST Council to create and provide for an affidavit attesting to the person's compliance with the new standard for qualifying. The director, or their designee, must sign the affidavit and the person seeking to qualify must present the affidavit to elections officials in order to qualify.

The bill allows for any person desiring to run for sheriff to attend the basic law enforcement training course for peace officers as a pre-service candidate and to be reimbursed for tuition expenses upon being elected. These expenses are paid by the office of sheriff to which the candidate is elected.

The bill allows a sheriff who serves in more than one court to receive salary for up to three courts, and that salary would not be increased by any state cost-of-living adjustment (COLA) or general performance-based increases.

Authored By: House Committee:

Rep. Kenneth Vance (133rd) Public Safety & Homeland Security Committee
Action:

03-01-2023 Do Pass by Committee Substitute

HB 437

Georgia State Indemnification Commission; abolish and authorize commissioner of administrative services to assume duties; provisions
Bill Summary: HB 437 abolishes the Georgia State Indemnification Commission and moves its activities and duties to the commissioner of the Department of Administrative Services.

Authored By: House Committee:

Rep. Bill Hitchens (161st) Public Safety & Homeland Security Committee
Action:

03-01-2023 Do Pass by Committee Substitute

HB 525

Motor vehicles; suspension of driver's licenses; provide standards for acceptance by a court of any clinical evaluation related to substance use or abuse
Bill Summary: HB 525 requires anyone convicted of driving under the influence to undergo a clinical evaluation and complete a substance abuse treatment program if recommended as part of the evaluation. The bill establishes that any case where a defendant has undergone clinical evaluation relating to substance use or abuse, whether as an order of the court as part of a sentence or a condition of probation, or pursuant to participation in a pretrial intervention, release, diversion program, or similar pretrial program, the results will only be accepted when performed by clinical evaluators on the registry published by the Department of Behavioral Health and Developmental Disabilities.

Authored By: House Committee:

Rep. Jordan Ridley (22nd) Public Safety & Homeland Security Committee
Action:

03-01-2023 Do Pass

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Daily Report for March 1, 2023

Committee Meetings

Committee Meeting Schedule
This meeting schedule is up to date at the time of this report, but meeting dates and times are subject to change. To keep up with the latest schedule, please visit www.legis.ga.gov to view all upcoming events.

Thursday - March 2, 2023

8:00 AM INDUSTRY AND LABOR COMMITTEE (House)

515 CLOB

VIDEO Agenda

8:00 AM JUDICIARY NON-CIVIL COMMITTEE (House)

132 CAP

VIDEO Agenda

8:00 AM HIGHER EDUCATION COMMITTEE (House)

506 CLOB

VIDEO Agenda

8:00 AM REGULATED INDUSTRIES COMMITTEE (House)

606 CLOB

VIDEO Agenda

8:00 AM BUDGET & FISCAL AFFAIRS OVERSIGHT COMMITTEE (House) 406 CLOB

VIDEO Agenda

8:30 AM EDUCATION COMMITTEE (House)

415 CLOB

VIDEO Agenda

9:00 AM MOTOR VEHICLES COMMITTEE (House)

606 CLOB

VIDEO Agenda

9:00 AM RULES COMMITTEE (House)

341 CAP

VIDEO Agenda

10:00 AM FLOOR SESSION (LD 27) (House)

House Chamber VIDEO

1:00 PM PUBLIC HEALTH COMMITTEE (House)

506 CLOB

VIDEO Agenda

1:00 PM WAYS & MEANS COMMITTEE (House)

406 CLOB

VIDEO Agenda

1:30 PM JUDICIARY (CIVIL) COMMITTEE (House)

132 CAP

VIDEO Agenda

1:30 PM Ways & Means Income Tax Subcommittee (House)

406 CLOB

VIDEO Agenda

1:45 PM Ways & Means Ad Valorem Subcommittee (House)

406 CLOB

VIDEO Agenda

2:00 PM TRANSPORTATION COMMITTEE (House)

606 CLOB

VIDEO Agenda

2:00 PM Ways & Means Sales Tax Subcommittee (House)

406 CLOB

VIDEO Agenda

2:00 PM INTERSTATE COOPERATION COMMITTEE (House)

403 CAP

VIDEO Agenda

2:30 PM Ways & Means Public Finance & Policy Subcommittee (House) 406 CLOB

VIDEO

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Locations