Yesterday in the Georgia Legislature – 03/07/21

This is an informal rundown of the legislative happenings. These bills are from the most recent legislative day – 03/05/21, or Day 27.

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The House of Representatives passed the following measures, all of which now head to the Senate:

HB 44 – Rep. Wes Cantrell

LINK→ https://www.legis.ga.gov/legislation/58836 
WHAT THE BILL DOES:

• Sets daylight savings time as the standard time, year round, for all of the state and all of the political subdivisions of the state 
• Only becomes effective in Congress enacts daylight savings time as the standard time for the US

ISSUES: Premature to federal action but has no negative impacts.
PASSED: 112-48

HB 81 – Rep. David Ralston 

LINK→ 
WHAT THE BILL DOES:

• FY 2022 Budget 

ISSUES: 
PASSED: 136-31

HB 92 – Rep. Matt Gambill

LINK → https://www.legis.ga.gov/legislation/58923 
WHAT THE BILL DOES:

• Changes the dates for eligibility period for vital records as it relates to birth and death certificates back to previous specifications 
• Current law says retention is 125 years for birth and 100 for death certificates to state archives 
• This moves it to 100 years for birth and 75 years for death

CONCERN: None.
PASSED: 156-0

HB 302 – Rep. Martin Momtahan 

LINK→ https://www.legis.ga.gov/legislation/59342 
WHAT THE BILL DOES:

• Requires local governments that collect/assess regulatory fees to use the money for that specific regulatory activity (and not general gov’t operations) but does not require a separate account for the regulatory fees  
• Strikes ‘taxicabs and limo operators’ from the code section outlining ‘examples of businesses subject to regulatory fees’, also strikes ‘firearms dealers,’ ‘shooting galleries and firearms ranges’ but redefines under different terms at the bottom of the code section as ‘sports shooting ranges’ and firearms dealers as referenced in the USC. 

ISSUES: None.
PASSED: 91-65

HB 316 – Rep. Ron Stephens

LINK →https://www.legis.ga.gov/legislation/59358 
WHAT THE BILL DOES:

• Pharmacy Tech ratio under Pharmacist
• Reduces current structure of 3-1 with one of them being certified to 4-1 with 2 of them being certified 

CONCERN: None. (Unless you have previously opposed these types of supervision expansions)
PASSED: 159-0

HB 328 – Rep. Momtahan

LINK →https://www.legis.ga.gov/legislation/59393 

• This is a Rules substitute
• From the version published ahead of the vote (which is different from the public and does not reflect all changes): defines ‘due compensation’ as the accrual beginning when the facilities are installed in the rights of way
• Assesses a civil penalty for any telephone company that fails to comply with due compensation for 4 or more quarters (must be within 3 years of past due status and cannot be more than 10% of total due)
• Municipal authority where due compensation has not been assessed is also within their right to prohibit additional permits/permissions for new/changed rights of way access when the telephone company is delinquent 
• ‘Due compensation’ is permitted to include a one-time compensation permitting fee.
• Defines rate of pay beginning January 1, 2022 as $0.05 per linear foot 
• PASSED: 119-40.

HB 333 – Rep. Chuck Efstration

LINK → https://www.legis.ga.gov/legislation/59399 
WHAT THE BILL DOES:

• Ethics in Government Act of 2021
• Changes Act name to ‘Georgia Government Transparency and Campaign Finance Act’ to reflect the unnecessarily long name of the Commission
• Further defines ‘loan’ (to be something borrowed that is paid back with interest) and ‘personal asset’ (which includes autos and real estate in addition to money and other items)
• Strikes ‘every constitutional officer’ to list statewide constitutional officer (so as not to include county commissioners, sheriff’s officers, district attorneys etc in the definition of constitutional officers at the top)
• Defines ‘staff attorney’ for the GGTCF Commission as person who is licensed bar member
• Funds to fund the Act come from the State Accounting Office (Strikes that they come from the SOS office)
• Prohibits the GGTCF Commission from requiring more information than is on campaign contribution reports/personal disclosure reports
  • Except under OCGA 21-5-33
• Requires a staff attorney review any complaints and verify in writing in order for the Commission to initiate an investigation against an individual
  • And thus requires a staff attorney to be employed by the Commission
• Further requires the staff attorney to be the mechanism to file charges against a person when alleging wrongdoing following an investigation 
• Strikes language that automatically awards attorneys fees to the other party if the complaining party fails to appear at the preliminary hearing for violations
• Stipulates that the Commission cannot initiate an investigation, even with approval of staff attorney, if the complaint is not in writing and under oath
• An action alleging a violation must begin within 3 years of the alleged act occurring ( or within 5 years if the person in the violation serves a term of 4 years or more)
• Requires a person running for office to: 
  • keep records for 3 years if the term is less than 4 years
  • keep records for 5 years if the term is 4 or more years but less than six years 
  • Keep records for 7 years if the term is six or more years
  • Keep records for 3 years for any constitutional amendment, referendum, or local referendum 
• Clarifies that it is expressly prohibited for campaign funds to be used for loans to candidate, candidate business, candidate 501(c)3, family  members, candidate trust, etc
• Gives the Commission the authority to raise or lower the contribution limit in increments of $100 at the end of every gubernatorial election cycle 
• Soil & water conservation directors are not required to file personal financial disclosures 

CONCERN: Attorney oversight is only as good as the attorney hired for oversight. If this is to ensure that investigations are into matters that are actually within the purview of the Commission and re: alleged violations of law, it is a good thing. But it could easily be abused by an attorney who sees everything as a ‘gray’ area and refuses to allow things to advance because it ‘might not be considered’ a violation. 
PASSED: 164-0

HB 369 – Rep. Alan Powell

LINK → https://www.legis.ga.gov/legislation/59502 
WHAT THE BILL DOES:

• Authorizes PAs and APRN under physician to do 2 things: 1) issue schedule 2 drugs for up to 5 days and 2) issue handicap placards under number 2 
• if they are dispensing, the PA/APRN must report to the physician within 72 hours back to physicians,
• Powell told Rules this is a practice accepted by surrounding states and around the country for benefit of the patients

CONCERN:
PASSED: 143-12

HB 450 – Rep. Mark Newton

LINK → https://www.legis.ga.gov/legislation/59645 
WHAT THE BILL DOES:

• Allows Proved Researched Release for Cannabis Registry to match other regulatory terms
• Also allows confidential research to be done, in line with DPH phrasing

CONCERN: Procedural
PASSED: 153-0

HB 451 – Rep. Eddie Lumsden

LINK → https://www.legis.ga.gov/legislation/59646 
WHAT THE BILL DOES:

• Comes at the request of the Georgia Assn of Manufacturers
• Optional way to determine the applicable FMV on inventory for when a level 1 freeport exemption is sought
• Explanation/example: situation where an order was placed pre-covid, manufacturer filled order, order cancelled, as a result, manufacturer is sitting on inventory they would not otherwise have.
• One time fix, only applies to eligible finishing goods for year 2021 and based on FMV January 1, 2020 or FMV of January 1, 2021, whichever is less

CONCERN: The only issue is that this is a narrow pool of people who are ‘granted relief,’ as the bill desires. 
PASSED: 159-0

HB 554 – Rep. Stan Gunter

LINK → https://www.legis.ga.gov/legislation/59883 
WHAT THE BILL DOES:

• Defines ‘lis pendens’
• When dealing with real property interest, it cannot operate as a lis pendens until the official, public notice that a property has a pending lawsuit or claim is attached and issued by the court
• Requirements for the issuance include:
  • Filed, 10 day period for objection, plus decision by the court 
• Clerk of court must keep a lis pendens docket and record all notices of lis pendens on real property filed with them. 
• Dismissal of any action by a plaintiff, the plaintiff’s withdrawal, or the settlement or final judgement must be included on the face of the lis pendens record 
• Actions involving claims against real property from domestic relations are excluded

CONCERN:
PASSED: 159-0

HB 577 – Rep. Kasey Carpenter

LINK → https://www.legis.ga.gov/legislation/59925 
WHAT THE BILL DOES:

• Stipulates the OCGA 32-2-65 pertaining to bids and the requirement of the amount of guaranty
• Requires the guaranty to be included for project bids on capital construction or capital maintenance – otherwise the department cannot consider them.
• Adds reference to FAA guidelines for definition of an airport
• Cleans up old language from when the legislation was created, to include a number of references to ‘within 6 months of enactment’ and ‘within ‘one year of enactment’ etc. Just makes it the standard now.
• Gives the department the authority to issue a cease and desist order if it is believed someone is operating an airport without a license
• Said order is in place for 20 days. If the license issue is resolved, order does not become final. If the license issue is NOT resolved, the AG’s office can be used to petition the superior court in the county of the issue to order the cease and desist final subject to upwards $1,000 fine per day
• Requires the location, history of other violations, gravity of violation and other circumstances to be considered when determining the daily fine amount
• All funds go to the general fund for the state

CONCERN:
PASSED: 160-0

HB 591 – Rep. Don Hogan

LINK → https://www.legis.ga.gov/legislation/59958 
WHAT THE BILL DOES:

• Came out Behavior Health Commission which met all last year
• Allows licensed marriage and family counselors to do 1013s and 2013s (they’re professional mental health officials)
• They can treat mental and psychological disorders 
• Rick Jasperse asked a question from his sheriff – could they create a 10-13 without speaking to the person involved…an unhappy spouse, difficult family member, etc? Hogan said yes, just as other licensed professional people are able to do. 
• What other professions can issue 10-13? Licensed counselors in alcohol and drug, other licensed mental health professionals
• Alan Powell asked what a 20-13 is: Hogan said for alcohol and drugs
• Ballinger asked: what are some of the fallouts when someone gets 1013 or 2013 – they get mental health evaluation for up to 72 hours, secure, not free to leave. Their life must be in danger or danger to someone else. 

CONCERN: The issue re: mental health is not necessarily who can obtain a 1013, as even a law enforcement officer can initiate the process. The issue, instead, is where the person goes once they’ve been declared a 1013. This bill is about adding people to the list of those eligible to declare someone a danger to themselves or other (especially in contested domestic matters or with regard to drugs or alcohol). The threshold for someone being a danger to themselves as it pertains to alcohol/drugs is already fairly low, legally speaking. 
PASSED: 157-3

HB 601 – Rep. Stephens

LINK → https://www.legis.ga.gov/legislation/59976 
WHAT THE BILL DOES:

• Following Gravley’s bill of HB 645 and measures that need to be updated per the Department of Law review of the Cannabis Commission findings, this clarifies and makes sure no one classifies this as a class 1 narcotic, for drug updates, make sure it is not re-classified under state law 

CONCERN:
PASSED: 161-0

HB 605 – Rep. Sharon Cooper

LINK → https://www.legis.ga.gov/legislation/59980 
WHAT THE BILL DOES:

• Sunshine nursing home bill
• Parameters on the use of cameras, brings them out into daylight 
• Families have been so worried about family members particularly during the pandemic when the state has barred people from entering the facilities with no cause or reason at all.
• This bill allows family members/caregivers to place cameras and watch 24/7
• Family responsible for cost and placement, monitoring costs, etc
• Protects rights of roommate while making sure the other family can check on their loved ones amid pandemic and otherwise

CONCERN:
PASSED: 95-69 

HB 606 – Rep. Randy Nix

LINK → https://www.legis.ga.gov/legislation/59981 
WHAT THE BILL DOES:

• Adds Georgia Independent School Association to the list of accrediting agencies for our schools in Georgia for colleges and universities which are considering HOPE scholarship allocation to students that have graduated from one of the accredited schools.

CONCERN:
PASSED: 161-0

HB 620 – Rep. Rob Leverett

LINK → https://www.legis.ga.gov/legislation/60019 
WHAT THE BILL DOES:

• Increases from $15,000 to $25,000 for a child’s claim for court approval or when a conservator must be appointed
• Due to inflation, the $15,000 is no longer suitable 
• The purpose is to keep more of the settlement in the hands of the child or the hands of the parent instead of it going through legal proceedings and court costs
• As the amount of the settlement gets higher, a higher scrutiny would require approval of the court 
• Also adds the definition of ‘net settlement’ to include the reduction by attorneys fees, court costs, etc. (which is distinguished from the gross settlement)
• Bill is clear that the conservator must be appointed to receive the money and they have to apply and post a bond
  • Bond not required until the estate has a determined value. 
• Williams said $15,000 was set when minimum limited liability for auto insurance was $15,000 as well and that number is $25,000 as well

CONCERN:
PASSED: 164-0

HB 645 – Rep. Micah Gravley

LINK → https://www.legis.ga.gov/legislation/60088 
WHAT THE BILL DOES:

• 2 years ago, passed HB 324 for cultivation, formed a commission, and have been working to through legalities of applications. Applications released, returned, 70 submitted, should be end of April
• The Dept of Law wanted clarification of products defined in HB 324.
• Not adding anything to previous legislation
• Clarifies that substance can only be used through tincture, transdermal patch,  topical oil, or gelatin capsules
• Adding credit unions – they wanted to be able to be a part of this, want banking opportunity for proceeds
• Adding capability for the universities/colleges to provide data (only 2 allowed to grow was UGA and Fort Valley, they have yet to do that, state not mandating, but they have not wanted to)
• Georgia Southern, Clark Atlanta, etc have expressed desire to partner for data and analysis only. Will not be growing 
• Medical Composite Board to assist GBI to ensure compliance and ensure bad actors 
• The Commission will have authority to replace the license holder if there is a bad actor or one goes bankrupt but no expansion of license holders 

CONCERN:
PASSED: 161-0

HB 647 – Rep. Vance Smith

LINK → https://www.legis.ga.gov/legislation/60090 
WHAT THE BILL DOES:

• Identical to HB 929 last year
• Pertaining to Coal Ash generated by electric companies
• Current law requires a yearly inspection but also requires that they inspect/monitor for 30 years and this increases that term of inspection to 50 years
• Reporting mechanism outlined by law has to be in layman’s terms so those not experts can understand the reports
• Inspection will be annual for first 5 years and then every five years after that 
• Lynn Smith said has full support of subcommittee and committee 

PASSED: 161-2