February 12, 2021

2021 Session Report – Week 5 Quick Links Georgia Defense Lawyers Association Troutman Pepper Strategies Legislative Days 13-16

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Resource Center Highlights

• AFY21 Budget Passes Both Chambers Contacts • Senate Introduces Bill Creating Special Council Robb Willis and Joint Committee on Tax Structure Principal • Senate Introduces Sports Betting Legislation 404.879.6501 • House & Senate Elections Committee [email protected] • House and Senate Committees Hold Hearings on Bills Related to Utility Service Connection Ragen Marsh • House and Senate Committees Hold Hearings on Principal Bills Related to EMC Investments in Gas 404.879.6503 Affiliates [email protected] • Update on Rural Broadband Expansion Efforts • Legal Issues Kade Cullefer • Update on Georgia’s COVID-19 Vaccine Rollout Director • In Other News 404.885.3753 [email protected]

Matt Ralston Schedule Senior Manager 404.885.3360 This week, the General Assembly convened on Monday, [email protected] February 8; Tuesday, February 9; Wednesday, February 10; and Thursday, February 11 for Legislative Hannah Irvin Days 13-16, respectively. Manager 404.879.6502 An Adjournment Resolution has set Legislative Day 25 [email protected] through Monday, March 1.

The General Assembly will reconvene on Tuesday, February 16 for Legislative Day 17 and continue as Justin Kirnon follows. Manager 404.885.3752 Tuesday, February 16 Legislative Day 17 [email protected] Wednesday, February 17 Legislative Day 18 Thursday, February 18 Legislative Day 19 Max Turner Legislative Analyst 404.885.3118

[email protected] Georgia General Assembly

AFY21 Budget Passes Both Chambers

On Thursday, February 11, House Bill 80, as amended by the House, passed both chambers of the General Assembly. HB 80, the AFY21 budget, was amended in the House to include one-time $1,000 payments to state employees making less than $80,000 a year. This includes over 57,000 state employees.

HB 80 passed the House by a vote of 149-20 and the Senate by a vote of 52-0. The bill will now go to Governor Brian Kemp for his review.

Senate Introduces Bill Creating Special Council and Joint Committee on Tax Structure

On Thursday, February 11, Senate Bill 148 was introduced by Senator . SB 148 would create the 2021 Special Council on Tax Reform and Fairness for Georgians and the Special Joint Committee on Georgia Revenue Structure. The bill provides that the Special Council, during 2021, shall conduct a through study of Georgia’s current revenue structure and make a report of its findings and recommendations for legislation to the Speaker of the House and the Lieutenant Governor, no later than January 10, 2022. During the 2022 legislative session, the Special Joint Committee shall be required to introduce one or more bills or resolutions incorporating, without significant changes, the recommendations of the council. Such legislation shall be referred directly and only to the Special Joint Committee.

SB 148 was referred to the Senate Committee on Finance.

Senate Introduces Sports Betting Legislation

On Wednesday, February 10, Senator Jeff Mullis introduced Senate Bill 142, the “Georgia Lottery Mobile Sports Wagering Integrity Act.” SB 142 would allow for mobile sports wagering under the supervision of the Georgia Lottery Corporation (GLC).

Any entity engaging in sports wagering in Georgia must obtain a license from the GLC. Individuals will be able to place bets on professional sporting or athletic events, including professional sports, permitted collegiate sports, motor sports, e-sports, and Olympic sporting. In SB 142, “Sporting Events” shall not include horse racing or collegiate sporting events in which a Georgia institution participates. Bets may be placed via online sport wagering platforms, utilizing internet websites and mobile apps.

Other notable changes from the House version include:

• Language prohibiting wagers on simulated sporting events; • Usage of credit cards to fund accounts; • A reduction on the licensee privilege tax to 10% from 14%; and • A sales and use tax exemption on wagers.

SB 142 was read and referred to the Senate Committee on Regulated Industries. HB 86, the House version introduced by Representative Ron Stephens, was withdrawn and recommitted to committee, after being favorably reported the week prior.

Update on Rural Broadband Expansion Efforts

Georgia’s Leaders Announce EMC Partnership for Rural Broadband Expansion

On Monday, February 8, Governor Brian Kemp, Lieutenant Governor , and House Speaker David Ralston made a joint announcement on the formation of a new EMC partnership to expand broadband internet in unserved rural areas. Central Georgia EMC (CGEMC) and Southern Rivers Energy (SRE) will form a new partnership with Conexon to provide high-speed internet to 80,000 homes and businesses in 18 middle Georgia counties. This partnership comes with an overall capital investment of more than $210 million. CGEMC will invest $135 million, SRE will invest $53 million, and Conexon will contribute $21.5 million. Monroe County has also committed $1.3 million in local funds to incentivize the EMCs to begin projects in Monroe County.

The terms of the agreement between the parties provides for the design and building of a 6,890-mile fiber network. The fiber network will serve two strategic purposes: to provide improved electric service and increased reliability through smart grid capabilities, and provide high-speed internet access to all 80,000 Georgians within the next four years.

Senate Committee Holds Hearing of Broadband Bill

On Thursday, February 11, the Senate Committee on Regulated Industries and Utilities held a hearing on Senate Bill 65. Sponsored by Senator , SB 65 would provide for the funding of the deployment of certain communications services throughout the state and would change provisions relating to the Universal Access Fund and powers of the Public Service Commission on fund contributions and distributions.

The committee heard presentations and testimony from the Public Service Commission, Verizon Wireless, Lumen Technologies, AT&T, Georgia Cable Association, and Chickamauga’s Public Service and Regal Telephone Companies.

House and Senate Committees Hold Hearings on Bills Related to Utility Service Connection

On Wednesday, February 10, the House Energy, Utilities, and Telecommunications Energy Subcommittee held a hearing on a House Bill 150. HB 150, sponsored by Representation Bruce Williamson, would prohibit governmental entities from adopting any policy that prohibits the connection and reconnection of any utility service based upon the type or source of energy or fuel. The bill passed out of the subcommittee and will move forward to a full committee.

Senate Bill 102, a Senate companion, was introduced by Senator John Kennedy on Monday, February 8, and was referred to the Senate Committee on Regulated Industries and Utilities.

House and Senate Committees Hold Hearings on Bills Related to EMC Investments in Gas Affiliates

On Tuesday, February 9, the Senate Committee on Regulated Industries and Utilities held a hearing on Senate Bill 8. SB 8, sponsored by Senator Jeff Mullis, would modify the percentage limitation as to the amount of the investments an electric membership corporation can make and maintain in a gas affiliate from 15% to 60%.

The House companion to SB 8, House Bill 76, had a hearing in the House Energy, Utilities, and Telecommunications Energy Subcommittee on Wednesday, February 10. HB 76 will move forward to a full committee hearing after passing subcommittee.

House & Senate Elections Committee

House Hearing on Ballot Application Deadline

On Tuesday, February 9, the House Special Committee on Election Integrity held a second hearing on House Bill 270, after the bill was recommitted to the committee. HB 270 changes the time period in which registrars or absentee ballot clerks may mail absentee ballots to voters.

In the Tuesday hearing, the committee amended HB 270 to implement a deadline for a board of registrars or absentee ballot clerk to receive an absentee ballot application, rather than implement a deadline for such ballots to be mailed. The bill places the deadline at 5:00 PM on the second-to-last Friday before Election Day. The change came at the request of House Minority Whip David Wilkerson.

The committee substitute to HB 270 passed out of committee and is now eligible for consideration in the House Rules Committee.

House Elections Subcommittee Holds Hearing

On Thursday, February 11, the Special Committee on Election Integrity Rich Subcommittee held a hearing on House Bill 59, House Bill 64, and House Bill 136.

• HB 59, by Representative Wes Cantrell, authorizes the use of instant runoff voting for runoffs by overseas citizens and military personnel; • HB 64, by Representative Houston Gaines, provides for the manner of handling the death of a candidate prior to a nonpartisan election; and • HB 136, by Representative Eddie Lumsden, provides for the appointment of acting election superintendents in the event of a vacancy or incapacitation in the office of judge of the probate court of counties without a board of elections.

All three bills were favorably reported by the subcommittee.

Senate Ethic Committee Assigns Bills to Subcommittee On Thursday, February 11, the Senate Committee on Ethics assigned 4 pieces of election legislation to subcommittees for hearings. The subcommittees will meet early next week, with the intention of holding a full committee hearing on the legislation in the coming legislative days.

Legal Issues Senate Bill 155 On Thursday, February 11, SB 155 was introduced in the Senate by Senate Majority Whip Steve Gooch. SB 155 permits evidence of seatbelt nonuse to be presented to a jury in a civil action involving a motor vehicle accident. SB 155 is currently awaiting assignment to committee.

Senate Bill 33 On Thursday, February 11, Senate Bill 33 passed the Senate floor. SB 33 creates a new cause of action against a “perpetrator” of human trafficking who knows or should have known the activity was occurring. SB 33 passed the Senate floor unanimously and is being transmitted to the House to be read and referred.

House Bill 109 HB 109, which would permit entities to be sued for claims of child sex abuse even after the statute of limitations has run in cases where the entity knew the abuse was occurring or knew that a volunteer or employee had committed sex abuse in the past and intentionally concealed it or withheld information about it, is expected to be heard by the House Judiciary Subcommittee next week.

House Bill 112 On Tuesday, February 9, the House held a floor vote on House Bill 112. The bill would extend COVID-19 liability protections for businesses and healthcare provides through July 14, 2022. HB 112 passed the House by a vote of 99 to 68. HB 112 was first read in the Senate on Wednesday, February 10, and referred to the Senate Judiciary Committee.

Update on Georgia’s COVID-19 Vaccine Rollout

On Thursday, February 11, Governor Kemp announced that on Friday, February 12, CVS Pharmacy will begin vaccination appointments at 12 stores across Georgia. With the limited supply and increasing demand for vaccines, the decision to transfer vaccines from the long- term care pharmacy partnership to other vaccine providers comes with the state’s objective to complete the administration of the vaccine to Georgians in the Phase 1aA+ populations.

Appointments are open now, and vaccinations will begin on Friday, February 12. Vaccine appointments are also available through Kroger, Publix, Ingles, and Walmart.

As of 5:42PM on Friday, February 12, the Georgia Department of Public Health is reporting a total of 1,408,232 vaccines administered.

In Other News

• On Tuesday, February 9, the Office of the Governor announced January net tax revenues were up $175.6 million, or 7.5%, compared to January 2020. Year-to-date tax collections increased $898.1 million, or 6.3%, from previous fiscal year. • On Thursday, February 11, Russ Carreker was elected to serve District 3 on the Georgia Department of Transportation State Board. • On Tuesday, February 9, the House held a floor vote on House Bill 205. The bill would provide a framework for regulating the offering or issuance of travel insurance in the state. HB 205 passed in the House by a vote of 164 to 4. HB 205 was first read in the Senate on Wednesday, February 10, and referred to the Senate Committee on Insurance and Labor. • On Tuesday, February 9, the Senate Committee on Science and Technology held a hearing for Senate Bill 52. SB 52 creates cyber security liability protections for business who implement administrative, technical, and physical safeguards against data breaches. SB 52 passed through the Senate committee and is now eligible for consideration in the Senate Rules Committee.