2023 Legislative Overview.pdf

2023 Legislative Overview.pdf

• 1. 2023 Legislative Overview I. Health a. HB 85 – require health benefit policy coverage for biomarker testing when the testing is supported by medical and scientific evidence per certain conditions b. HB 203 - revise provisions in re restrictions on sale and dispensing of contact lenses c. HB 309 - revise provisions relating to financial stability requirements for applicants and licensees of personal care homes and assisted living communities d. HB 332 – annual controlled substances bill e. HB 383 – enact Safer Hospitals Act to provide for enhanced penalties for aggravated assault and battery committed upon emergency health workers and healthcare workers located on a hospital campus f. HB 414 - grant program within the Department of Behavioral Health and Developmental Disabilities to provide behavioral health services to military service members, veterans, and their families g. HB 416 - authorize qualified pharmacy technicians to administer certain vaccines h. HB 453 - repeal a requirement that every ambulance service pay an annual license fee i. HB 493 - relating to renewal, surrender, and restoration of registered professional nursing licenses and continuing competency requirements j. SB 164 - provide for licensure of advanced practice registered nurses; to revise definitions; to provide for licensure requirements; to provide for renewal of license k. SB 223 - authorize reimbursement of patient incurred expenses related to cancer clinical trials II. Public Health a. SB 1 - remove the automatic repealer on the prohibition on state and local governments from requiring proof of COVID vaccination for government services b. SB 46 - require physicians and healthcare providers to test all pregnant women for HIV and syphilis at the first prenatal visit, at 28–32 weeks' gestation, and at delivery c. SB 47 - relating to offenses against public health and morals, so as to provide that vaping in restricted areas is a misdemeanor punishable by fine d. SB 106 – enact “Healthy Mothers, Healthy Babies Act,” to provide for a three-year pilot program to provide coverage for remote maternal health clinical services under the Medicaid program e. SB 107 - enact "Izzy's Law"; Department of Public Health shall develop and make available for download from its website a model aquatic safety plan based on national standards for private swim instructors f. SB 109 - require the Department of Community Health to include continuous glucose monitors as a pharmacy benefit for Medicaid recipients g. SB 140 – prohibiting gender affirming care for transgender minors III. Natural Resources/ Environment a. HB 31 – dedicate proceeds to Hazardous Waste Trust Fund b. HB 165 - relating to when public disclosure not required relative to inspection of public records, so as to include certain documents from the Department of Natural Resources c. HB 273 - relating to the Sapelo Island Heritage Authority, so as to amend the composition and chairmanship of the Sapelo Island Heritage Authority d. SB 95 - specify the manner in which funds appropriated to the Solid Waste Trust Fund shall be used e. SB 115 – in re navigable streams and waterways IV. K-12 Education a. HB 87 – enact Nontraditional Special Schools Act b. HB 147 – enact Safe Schools Act; provide for a school safety anti-gang endorsement for eligible certificated professional personnel and require intruder alert drills in all public schools c. HB 318 - reestablish Office of Charter School Compliance under the State Charter Schools Commission
• 2. d. HB 340 - provide for daily duty-free planning periods for teachers in grades six through 12 e. HB 402 - require public schools and local school systems to provide water safety education information upon initial enrollment to parents and guardians of students under 18 years of age f. HB 440 - authorize public and private schools to stock a supply of undesignated ready-to-use glucagon g. HB 538 - provide for the "Georgia Early Literacy Act"; to require the State Board of Education to approve high-quality instructional materials to be used for teaching students in kindergarten through third grade h. SB 45 - relating to health of students in elementary and secondary education, so as to provide for the care of students being treated for epilepsy or a seizure disorder i. SB 204 - provide for the recognition of certain accrediting agencies as evaluators of the quality of education offered in public schools in this state j. SB 211 – establish Georgia Council on Literacy to require local school systems to develop and implement five-year literacy plans for students in kindergarten through grade five V. Higher Education a. HB 142 - establish unified campus police forces through agreements entered by colleges and universities b. HB 163 - provide for student loan repayment for medical examiners employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation c. HB 228 - tuition equalization grants at private colleges and universities d. HB 249 - relating to the needs based financial aid program, so as to provide for a definition; to provide for a maximum award amount e. HB 319 - abolish the Georgia Higher Education Assistance Corporation f. HB 607 - revise the definition of "Zell Miller Scholarship Scholar" by changing the ACT score requirement for certain students g. SB 86 - allow eligible students participating in the Dual Enrollment program to access HOPE career grant funds for certain CTAE courses irrespective of whether they have reached maximum credit hour caps h. SB 246 - provide for student loan repayment for certain nursing faculty VI. Housing a. SB 62 - prohibit certain local ordinances or policies relating to public camping or sleeping b. SB 213 - prohibit local governments from preventing the continuance of lawful nonconforming use of property when a preexisting manufactured home or mobile home is replaced with another such home VII. Children and Families a. HB 129 - expand temporary assistance for needy families’ eligibility criteria to pregnant women b. HB 460 - provide for a child's right to legal representation in legitimation cases c. SB 131 - relating to permanent guardianship, so as to provide for service by publication d. SB 133 - create a uniform process to assume custody of children as a result of disposition orders e. SB 134 - provide that a child witness be deemed competent to testify without taking the oath; to allow the use of narrative form medical reports in dependency and termination matter f. SB 135 - relating to determination of paternity, so as to align evidentiary medical and genetic testing with the Uniform Parentage Act of 2017 g. SB 216 - authorize respite care for foster parents for longer periods of time pursuant to circumstances delineated in rules and regulations established by the Department of Human Services VIII. Economy/ Finance/ Tax Credits a. HB 55 – annual banks and banking bill b. HB 76 – regulating bare knuckle boxing matches, and in re training requirements for licensure in marriage and family therapy c. HB 86 - exempt sales of tangible personal property in the renovation or expansion of aquariums
• 3. d. HB 95 – annual Internal Revenue Code update e. HB 128 - provide for representation of minority, women, and veteran businesses in the area of procurement of state contracts for construction, services, equipment, and goods f. HB 132 - require the department to amend the Georgia state minimum standard codes to authorize certain uses of ungraded lumber g. HB 162 - one-time tax credit for individual taxpayers who filed income tax returns for both the 2021 and 2022 taxable years h. HB 353 - provide administrative procedures regarding bona fide coin operated amusement machines i. HB 408 - change the sunset provision for the exemption for competitive projects of regional significance j. HB 412 - repeal limitation on types of partnerships that may elect to pay income taxes at the entity level k. HB 482 - provide clarification to an income tax credit for establishing or relocating quality jobs; et al l. HB 545 - provide for an Agricultural Commodity Commission for Citrus Fruits m. SB 193 - provide for the Department of Community Affairs to determine locations that are eligible for state or federal funding programs administered by the state for improved broadband services IX. Transportation a. HB 52 – in re Transportation; to provide for negotiations in request for proposals relative to public- private partnerships (P3s); procurement procedures relative to alternative contracting; et al b. HB 120 – provide standards for issuance of limited driving permits for certain offenders c. HB 121 - provide for restrictions and requirements regarding wakesurfing and wakeboarding, including on certain state waters d. HB 175 - update the reference date to federal regulations regarding the safe operation of motor carriers and commercial motor vehicles e. HB 183 - revise terminology relating to temporary license plates and temporary operating permits; standards for issuance of temporary permits for motor vehicles failing to comply with emissions f. HB 189 - to provide for an allowable variance for weight limitations upon a vehicle or load; to repeal certain exceptions which allow for excess weight for vehicles and loads g. HB 207 - to provide for the carrying of night visual distress signals upon coastal waters of this state during certain hours; to provide for the carrying of such signals by vessels of a certain size h. HB 221 - revise the filing review process for private passenger motor vehicle liability coverage providing the minimum limits offered by the carrier; clarify filing review process for other motor vehicle coverage i. HB 242 - relating to the Georgia Driver's Education Commission, so as to provide for an additional penalty for violation of traffic laws or ordinances under "Joshua's Law j. HB 268 – to establish the Georgia Motor Vehicle Crime Prevention Advisory Board and create a grant program to support multi-jurisdiction task forces for motor vehicle related crime prevention initiatives k. HB 529 - provide for minimum amounts of uninsured and underinsured motorist coverage to be maintained by transportation network companies and taxi service companies l. HB 541 - provide for proper procedure for passing a postal service vehicle m. SB 35 - relating to special license plates with proceeds disbursed to the general fund; so as to establish a specialty license plate honoring Kappa Alpha Psi Fraternity, Inc n. SB 120 - update the reference date to federal regulations regarding the safe operation of motor carriers and commercial motor vehicles o. SB 146 - provide for the regulation and taxation of the provision of certain electricity used as a motor fuel in electric vehicles p. SB 217 - provide for the offense of operation of a motor vehicle with a fraudulent license plate X. Insurance a. SB 65 – authorize the Insurance Commissioner to create a state-based healthcare exchange b. HB 222 - clarify, streamline, and make transparent the practices of the Department of Insurance
• 4. c. HB 294 – provide for the administration of contracts reinsuring life, disability income or long-term care policies or annuities issued by a ceding insurer that has been placed into liquidation d. HB 315 - promulgate rules and regulations regarding cost-sharing requirements for diagnostic and supplemental breast screening examinations e. HB 317 - provide for the assignment of certain group term life insurance benefits to pay for funeral services of a deceased individual of members of ERSG, GLRS, or GJRS f. SB 158 - provide for an insurance premium discount or rate reduction for property owners who build a new residential or commercial property or who retrofit that better resists catastrophic windstorm event XI. Workers a. HB 155 - provide for the issuance of licenses by endorsement for certain licenses to spouses of firefighters, healthcare providers, and law enforcement officers who relocate to the State of Georgia b. HB 480 – related to workers compensation; increase compensation benefits for total disability and temporary partial disability; increase total compensation payable to a surviving spouse c. SB 3 – Reducing Barriers to State Employment Act of 2023 d. SB 61 - relating to use of sick leave for care of immediate family members, so as to repeal the sunset provision relating to such sick leave requirements e. SB 91 - relating to workers' compensation, so as to extend the time period for the dissolution of the Subsequent Injury Trust Fund f. SB 160 – suppression and divesting of the unemployment insurance fund g. SB 195 – Freedom to work Act; to facilitate licensure of transitioning service members, military spouses, and other qualified individuals who have certifications or work experience in the military h. SB 199 - relating to the state's Employee Benefit Plan Council, so as to require such council to establish health savings accounts and to continually provide for education or salary reductions for such accounts i. SB 240 - require certain social security coverage for all employees of a political subdivision who are members of the Public School Employees Retirement System XII. Consumer Protections a. HB 295 - revise certain procedures, timelines, and other matters concerning consumer protections against surprise billing; to provide grounds for new violations of unfair claims settlement practices b. HB 528 - enact the "Georgia Online Automatic Renewal Transparency Act" c. SB 20 - "Surprise Billing Consumer Protection Act," so as to ensure consumer access to quality healthcare by setting adequacy standards for network plans offered by an insurer d. SB 27 - prohibit a health care insurer from requiring an ophthalmologist or optometrist to extend any discounts on services that are not covered eye care services in order to receive other benefits e. SB 73 - provide for class action suits and for damages against certain persons for violating provisions relating to telephone solicitations f. SB 74 - require the disclosure of the nature and practices of businesses that provide legal services; to prohibit persons ineligible to provide legal services from holding themselves out as attorneys; et al g. SB 84 - "Georgia Uniform Securities Act of 2008," so as to provide for financial protections for elder and disabled adults who may be victims of financial exploitation h. SB 90 - require persons who provide commercial financing transactions to make certain disclosures i. SB 149 - enact the "Georgia Door-to-Door Sales Act"; to require sellers to furnish to buyers receipts and copies of any contracts; provide notice of how to cancel a sale; to restrict certain door-to-door sales j. SB 197 - prohibit deceptive or misleading terms or false representations by health care practitioners in advertisements and representations;
• 5. XIII. Voting and Elections a. HB 572 - rename the Georgia Government Transparency and Campaign Finance Commission as the State Ethics Commission; et al b. SB 129 - relating to primaries and elections generally; provide time off for employees to advance vote c. SB 222 - provide that all costs and expenses relating to election administration are paid for with lawfully appropriate public funds XIV. Judiciary Civil/ Courts a. HB 80 – enact Uniform Unsworn Declarations Act b. HB 91 – require personal representatives to send notices to beneficiaries regarding the issuance of letters testamentary or letters of administration c. HB 126 - change a provision relating to judgments deemed directly appealable d. HB 176 - increase the amount of court reporters' monthly contingent expense and travel allowance e. HB 182 - revise provisions for curing defective deeds and other instruments f. HB 186 - revise an exception applicable to the filing of petitions for review in reviewing courts from lower judicatories g. HB 444 - revise when an action may operate as a lis pendens h. HB 543 - relating to demand of jury panels from which to select jury in civil actions in the state courts and the superior courts, so as to revise an exception to six-person jury trials in civil actions i. HB 611 - provide for the disposition of state funds derived from certain legal judgments or settlements j. SB 13 - authorize online public sales under tax levies and executions; to provide a time frame for sales of real estate under foreclosure powers k. SB 103 - relating to disposition of unclaimed property, so as to provide for the handling of certain wills l. SB 148 - relating to nonprofit corporations, so as to comprehensively revise, simplify, and modernize said chapter; allow corporations flexibility in their articles and bylaws m. SB 168 - allow a chiropractic practice to have a lien on a cause of action accruing to an injured person for the costs of care and treatment of injuries arising out of the cause of action n. SB 272 - supplement duties of administrative judges; relating to Georgia Crime Information Center and technology empowerment fund, appropriations, initiatives, steering committee, and release of funds XV. Judiciary Non-Civil/ Public Safety a. HB 35 – expand arrest authority of officers at Georgia Ports Authority b. HB 88 – enact Coleman-Baker Act to review cold case murder files by law enforcement agencies c. HB 139 - restrictions of the disclosure of certain personally identifiable information of nonsworn employees of a law enforcement agency who are witnesses in felony and misdemeanor criminal cases d. HB 188 – enact Georgia Dangerous Sexual Predator Prevention Act or “Mariam’s Law” e. HB 219 - provide for venue for the offense of money laundering; provide for venue for the offense of theft of money held in a financial institution f. HB 227 - provide for the offense of criminal interference with critical infrastructure g. HB 302 - relating to restraining orders and protective orders, so as to provide for the issuance of a temporary or permanent protective order by the court h. HB 497 - authorize the use of certified medication aides in penal institutions i. SB 11 – enact Georgia Fights Terrorism Act j. SB 42 - relating to posting model notice with human trafficking hotline information in businesses and on internet, so as to increase the fine for failure to comply k. SB 44 - mandatory minimum penalties for violations of the Street Gang Terrorism and Prevention Act l. SB 60 - illegal for certain persons to purchase, possess, obtain, or sell or attempt to purchase, possess, obtain, or sell used, detached catalytic converters, used utility wire, or used communications copper m. SB 68 - include the offense of dogfighting as racketeering activity
• 6. n. SB 92 - create the Prosecuting Attorneys Oversight Commission o. SB 128 - raise the limit for the total percentage of funds that the Peace Officers' Annuity and Benefit Fund may invest in alternative investments p. SB 155 - provide for offense of interfering w/ harming a public safety animal/ search and rescue animal q. SB 159 - prohibit wireless communications and stand-alone electronic devices behind guard lines r. SB 215 – protect from public disclosure personal information of certain law enforcement officers s. SB 218 - provide for the issuance of identification cards to persons completing a term of incarceration XVI. State Government a. HB 373 - designate September 11 of each year as "First Responders Appreciation Day" in Georgia b. HB 437 - abolish the Georgia State Indemnification Commission and authorize the commissioner of administrative services to assume the duties of said commission c. HB 475 – annual Code Revision Commission act d. SB 21 – revise operations for the Georgia Veterans Service Foundation, Inc e. SB 23 - revise a committee name; to repeal provisions relating to inactive boards, panels, authorities, centers, commissions, committees, councils, task forces, and other such bodies f. SB 26 - permit meetings and public hearings of development authorities and community improvement districts to be held by teleconference g. SB 56 - require state revenue commissioner to contract with the board of ERS of Georgia to offer certain county tax commissioners option to participate in state administered deferred compensation plan h. SB 59 – establish Office of the Inspector General i. SB 93 - restrict the use of certain social media platforms on state equipment j. SB 181 - in re Georgia Technology Authority, require certain fingerprint criminal background checks of all employees, contractors, and subcontractors with access to state or federal filed tax documents k. SB 220 - establish the Georgia Farmland Conservation Fund and Georgia Farmland Advisory Council; to provide matching grants to certain or prospective holders of agricultural conservation easements XVII. Local Governments a. HB 193 - relating to public works contracting and bidding requirements, so as to increase the dollar values of certain public works construction contracts exempt from bidding requirements b. HB 230 - provide for a qualified consolidated government special purpose local option sales tax c. HB 254 - to provide an additional manner of publishing certain legal notices by counties and municipalities d. HB 288 – enact East Georgia Regional Airport Authority Act e. HB 311 - provide for optional temporary tax relief to certain properties located in nationally declared federal disaster areas f. HB 374 - repeal certain provisions relating to authority, procedures, identification, and status of lands relative to municipal deannexation; leafblower preemption g. HB 431 - relating to county special purpose local option sales tax, so as to remove provisions relating to the purpose of such tax in counties that also levy and collect an equalized homestead option sales tax h. SB 55 - relating to general provisions relative to counties, municipal corporations, and other governmental entities, so as to prohibit the regulation of businesses of persons under 18 years of age i. SB 116 - revise provisions relating to maximum term of certain leases or contracts for the use, operation, or management of real or personal property owned by a municipality for recreational facilities j. SB 121 - prohibit local governments from denying the drilling, servicing, or repair of new or existing water wells on single-family residential and farm properties k. SB 127 - provide procedures for certain local governments to change the designated private sector nonprofit organization engaged to promote tourism, conventions, and trade shows for such jurisdiction