The House and Senate capped off a busy pre-Crossover week with several weighty propositions on their respective floors. In the Senate, members considered the “Keep Faith and Freedom in Adoption and Foster Care Act”, a follow-on to the “clean” adoption bill passed earlier this session. The House considered a number of propositions, as well, including the recommendations of the Court Reform Council and the Psychology Interjurisdictional Compact, known as PSYPact. More on these actions, and a look back at the work in yesterday’s House Committee meetings inside today’s #GoldDomeReport.

In today’s Report:

• Senate Approves “Keep Faith and Freedom in Adoption and Foster Care Act”
• House Adopts PSYPact, Court Reform Recommendations
• Committee Reports
• New Legislation
• House Rules Calendar for Legislative Day 26

Senate Approves “Keep Faith and Freedom in Adoption and Foster Care Act”

After passing a “clean” adoption bill (HB 159) earlier this session, the Senate kept a promise by taking up the religious freedom provisions attached to the adoption bill late last session. Today, the Senate considered SB 375, Senator William Ligon, Jr.’s (R-Waynesboro) “Keep Faith in Adoption and Foster Care Act.” The proposition amends Title 49 to allow a child-placing agency to decline to accept a referral for foster care or adoption services under a contract with the State based on the child-placing agency’s sincerely held religious beliefs. The legislation also bars the State from taking an adverse action against such an agency, including failing to renew a contract or license, withholding funding, or taking an enforcement action. In the Senate Judiciary Committee, Sen. Ligon stated that at least three states have taken adverse actions against faith-based adoption programs (IL, MA, CA), and the current state of law in Georgia has prevented faith-based providers from securing contracts. He also stated that these types of bills have passed in numerous other states.

While the bill was supported by Citizen Impact and the American Principles Project, the ACLU, Anti-Defamation League, Children’s Rights, and Voices for Georgia’s Children all opposed the proposition. The Senate approved the measure with a party-line vote, 35-19.

House Adopts PSYPact, Court Reform Recommendations

Amongst the floor action in the House today were two bills or particular interest:

• HB 790, authored by Rep. Chuck Efstration (R-Dacula), codifies the recommendations of the Court Reform Council to improve efficiencies.  Specifically, it provides administrative law judges with the authority to issue final decisions, requires agencies to forward a request for a hearing to the Office of State Administrative Hearings within 30 days, and provides administrative law judges with the power to enforce subpoenas and sanction parties. The House adopted the bill by a 162-0 vote.  
• HB 847, authored by Rep. Joyce Chandler (R-Grayson), is an interstate compact which would be known as the Psychology Interjurisdictional Compact (“PSYPact”) in Chapter 39 of Title 43.  It would allow the practice of telepsychology and provide for the temporary authorization for psychologists to practice by psychologists within and through states who enter this Compact.  It would address additional regulatory authority for the Georgia State Board of Examiners of Psychologists. The House adopted the bill by a 171-0 vote.

Committee Reports

House:

Education Committee

The House Education Committee, chaired by Rep. Brooks Coleman (R-Duluth), met to consider two propositions today.

• HB 908, authored by Rep. Robert Dickey (R-Musella), allows for certain individuals who are 20 years old or older to enroll in a state charter school that provides instruction for over-age students. There were questions in a previous meeting about where funds would come for these “over-age” students, so a Committee Substitute was presented that would require the State Board of Education to request and the General Assembly to make an annual appropriation for these students outside of QBE. The Committee recommended the bill DO PASS by Committee Substitute.
• HB 963, authored by Rep. Buzz Brockway (R-Lawrenceville) is intended to encourage middle and high school students to pursue industry credentials. The bill requires the State Workforce Development Board to annually develop a list of industry credentials and state licenses that are linked to an occupation in high demand and lead to an occupation with wages of at least 70 percent of the average annual wage in the state. The Department of Education is then required to distribute that list to middle and high schools. The bill was presented as a Committee Substitute that addressed concerns of DOE and TCSG, and the DOE spoke in favor of the bill. The Committee recommended the bill DO PASS by Committee Substitute.

The Education Committee also considered several bills yesterday:

• HB 494, authored by Rep. Katie Dempsey (R-Rome), on behalf of DCAL.  This bill creates adjustments in Georgia legislation that are required by federal law to get federal funding and allows for the cleaning up of regulations.  It notes that if a teacher hasn’t worked in a school in a year or in instances where the children may be in imminent danger, they have to undergo a mandatory background check.  There is no additional cost to this legislation.  The Committee voted unanimously DO PASS.
• HB 718, authored by Rep. Sandra Scott (D-Rex), this gives the children of current and former military parents an excuse for missing school under certain circumstances.  The Committee voted unanimously DO PASS.
• HB 781, authored by Kevin Tanner (R-Dawsonville), substantially reduced the amount this bill does in its current, substitute version.   These reductions including noting that the funds cannot be used for charter schools, all language around ESPLOTs was removed and that these funds cannot be used for core curriculum position salaries or for nurses.  However, it does allow for a vote to use money for something other than just building a new structure, such as enhancing school safety or updating existing buildings.  It does not affect QBE funding and these funds can’t be counted against QBE.  The main goal is to give the local school board and citizens more flexibility.  While not everyone on the Committee liked the bill, the majority voted DO PASS by a vote of 13 – 5.
• HB 844, authored by Rep. Penny Houston (R-Nashville), this bill was introduced on behalf of Georgia Hearing and Hearing Impaired Georgians.  It allows for the test of children at an earlier, i.e., before kindergarten, in order to catch those that are deaf and hard of hearing.  Since 80-90% of a child’s brain is created in the first three years, this allows for greater care for these children.  This bill has been worked on by various committees in the deaf and hard of hearing community, and has their full support.  The Committee voted unanimously DO PASS.
• HB 971 – authored by Joyce Chandler (R-Grayson), allows any school to administrate the PSAT.  Currently, those at certain private schools or who home school may not have an easily accessible place to take the test.  She noted that in order to become a National Merit Scholar, a student has to take the PSAT.  Thus, she wants to create easier access for all students in the state.  The Committee unanimously voted DO PASS.
• HR 992, authored by Rep. Kevin Tanner (R-Dawsonville), allows for flexibility in ESPLOT. This substitute did change for flexibility from 50% to 30%.  While not everyone on the Committee liked the resolution, the majority voted DO PASS by a vote of 13 – 5.
• HR 1036, authored by Rep. Dar’shun Kendrick (D-Lithonia), this is an urgent resolution to have the state create a campaign to urge students to take classes in STEM and to educate their parents.  The Committee voted unanimously DO PASS.
• HR 1162 – authored by Chairman Brooks Coleman (R-Duluth), this resolution creates the House Study Committee on Education.  The Committee unanimously voted DO PASS.

Insurance Committee

The House Insurance Committee, chaired by Richard Smith (R-Columbus), met today to consider two bills:

• HB 519, authored by Rep. Sharon Cooper (R-Marietta), requires health benefit plans to utilize certain clinical review criteria to establish step therapy protocols for prescription drugs. The Committee recommended the bill DO PASS.
• HB 878 by Rep. Heath Clark (R-Warner Robins) addresses requirements to cancel insurance policies. This legislation permits insurers to cancel policies by telephone. Current law requires requires written notice to cancel or submission of policy. The Committee recommended the bill DO PASS.

The Committee was also slated to hear HB 799, but Chairman Smith pulled the bill from consideration.

Juvenile Justice Committee

The House Juvenile Justice Committee, chaired by Rep. Mandi Ballinger (R-Canton) held an early morning meeting and took up these proposals:

• HB 166, by Rep. Betty Price (R-Roswell) received a DO PASS recommendation and permits an additional exception for parents with young children from jury Service. There was some opposition but the bill moves to House Rules.
• HB 242, by Rep. Brian Prince (D-Augusta), only had a hearing today. It is the Protecting Military Children Act. It would require a child advocacy Center to notify the Family Advocacy Agency on the military post if child abuse or neglect is suspected. 
• HB 972, by Rep. Wendell Willard (R-Sandy Springs), was held due to the Chairman needing to understand the fiscal impact.   Rep. Mary Margaret Oliver (D-Decatur) presented the legislation for Chairman Willard. This is the legislation known as CB21 so as to allow youth aging out of Foster Care to remain in care. The DFCS would be allowed to draw down federal funds for this program. A former foster youth Ann Campbell spoke in favor of the legislation.
• HB 982, by Rep. Chad Nimmer (R-Blackshear) was presented by Chairman Ballinger. This legislation addresses the length of time allowed for DFCS to find blood relatives of a child once such child is removed from the home- allowing six months. There is judicial discretion permitted when removal would be detrimental if removing the child from foster Care would be bad for the child. While there was discomfort from some members of the Committee, the Committee gave the legislation a DO PASS recommendation.

Senate:

Health and Human Services Committee

The Senate Health and Human Services Committee, chaired by Sen. Renee Unterman (R-Buford) met today and took up the following proposals:

• SB 318, authored by Sen. Michael Rhett (R-Marietta), provides for the execution of a physician's certificate for emergency examination of a person for involuntary evaluation and treatment for mental illness or alcohol or drug abuse based on consultation with an emergency medical technician or paramedic who has personally observed the person. The bill was heard by the Committee yesterday, where Sen. Dean Burke (R-Bainbridge) expressed concern about an influx of patients to hospitals caused by the legislation. The bill was presented again as a Committee Substitute changing the program to a pilot. The Committee recommended the bill DO PASS by Committee Substitute.
• SB 459, authored by Sen. Matt Brass (R-Newnan), is entitled the Rural Hospital Infusion Plan Act and is aimed specifically at allowing the expansion of Cancer Treatment Centers of America’s facility in Newnan. Sen. Brass noted that CTCA has invested $200M in capital improvements and paid $250M in salaries since its opening. He stated that the bill is intended to move CTCA from a special statutory provision to the existing Certificate of Need system for hospitals. The proposal removes the 35% cap on Georgia patients, allows for an additional 50 beds (50 beds already exist), and requires CTCA to pay 1% of its annual gross revenue into the Indigent Trust Fund. Sen. Bill Cowsert (R-Athens) asked whether CTCA would have to apply for a CON to do the expansion described by Sen. Brass above, to which Sen. Brass said no. Sen. Unterman noted that there were a number of people signed up to speak, but there would be no public testimony. She also noted that no vote would be taken and that this hearing was fulfilling a commitment to Sen. Brass made at the beginning of the legislative session.
• SR 772, authored by Sen. Bruce Thompson (R-White), creates the Joint Study Committee on Retrospective Emergency Room Policies. Sen. Unterman noted that she had spent significant time re-writing the resolution. Sen. Kay Kirkpatrick (R-Marietta) asked if the Chair would entertain a motion to return the legislation to its original version given the state of other “surprise billing” legislation, and the Chair declined to entertain the motion. The Committee recommended the bill DO PASS by Sen. Unterman’s Committee Substitute.
• SR 865, authored by Sen. Fran Millar (R-Atlanta), supports the creation of the State of Georgia Council on Respiratory Health Promotion. The resolution expands focus from asthma to other respiratory diseases, like COPD. The Committee recommended the bill DO PASS.

New Legislation

The following propositions have been introduced in the House:

• HB 992, authored by Rep. Jodi Lott (R-Evans), amends Title 31 to eliminate certain requirements relating to the use of automated external defibrillators. Specifically, the bill removes all AED training recommendations and requirements codified at O.C.G.A. § 31-11-53.1. The bill was referred to the Public Safety and Homeland Security Committee.
• HB 1000, authored by Rep. Scott Holcomb (D-Atlanta), amends Title 43 to provide for suspension or revocation of the license of a physician who has committed a sexual assault on a patient. The bill also provides for mandatory reporting by health care professionals who have reasonable cause to believe that a physician has committed a sexual assault on a patient but limits the liability for such mandatory reporters. The bill was referred to the Health and Human Services Committee.
• HR 1296, authored by Rep. Kim Schofield (D-Atlanta), creates the House Study Committee on Service Animals for Physically or Mentally Impaired Persons. The Committee would study whether there is a need for a uniform certification process or the issuance of information cards, whether there is a need to criminalize the use of a "fake service animal," or whether the rights of trainers of service animals should be clarified, and to determine if legislative action is needed on any of these issues. The resolution was referred to the Special Rules Committee.
• HR 1318, authored by Rep. Sam Park (D-Lawrenceville), creates the House Study Committee on Comprehensive Health and Long-Term Care of Georgia's Aging Population. The Committee would study the critical need to formulate policy that provides opportunities for the elderly to remain vibrant in their homes and communities, which includes considering funding to support community-based programs that collaborate between health care and social service agencies, provide incentives and guidance to local planning boards and other bodies to incorporate community and housing design features for older adults, and consider other policies that ease the burden on families, elderly, and public funding to support aging in place. The resolution was referred to the Human Relations and Aging Committee.

The following proposition was introduced in the Senate:                             

• SB 476, authored by Sen. Elena Parent (D-Atlanta), amends Title 15 to provide that the superior court have exclusive original jurisdiction over a child between the ages of 13 and 17 alleged to have committed the offense of aggravated assault with a firearm.

House Rules Calendar for Legislative Day 27

The House will take up 17 propositions on Monday:

• HB 121 – (Chuck Efstration, R-Dacula) Trusts; minor or unborn beneficiaries; change provisions
• HB 392 – (Barry Fleming, R-Harlem) Move on When Ready Act; students taking dual credit courses at certain eligible postsecondary institutions; allow funding
• HB 493 – (Valencia Stovall, D-Forest Park) Open and public meetings; agency minutes and online videos; require public commentary be included
• HB 703 – (Bill Hitchens, R-Rincon) Governor’s Office of Public Safety Support; create
• HB 721 – (Alan Powell, R-Hartwell) Motor vehicles; criteria by which the Department of Driver Services shall authorize licensed driver training schools to administer on-the-road driving skills testing; revise
• HB 760 – (Eddie Lumsden, R-Armuchee) Insurance; certain policies, definitions, and property insurance; revise
• HB 761 – (Jason Ridley, R-Chatsworth) Motor vehicles; filing of certificates of title by dealers; provide
• HB 866 – (Scot Turner, R-Holly Springs) Commerce and trade; charging fee for placing a security freeze on a consumer’s account; prohibit consumer credit reporting agencies
• HB 871 – (Dominic LaRiccia, R-Douglas) Sales and use tax; 50 percent of the sales price of manufactured homes; create exemption
• HB 886 – (Sam Watson, R-Moultrie) Sales and use tax; exemption for agricultural machinery and equipment; provisions
• HB 890 – (Barry Fleming, R-Harlem) Crimes and offenses; make it unlawful to use an emergency exit after having shoplifted
• HB 898 – (Alan Powell, R-Hartwell) Motor vehicles; fleet vehicles and fleet vehicle registration plans; revise provisions
• HB 906 – (Katie Dempsey, R-Rome) Public records; public disclosure of personal information of certain foster parents; exclude
• HB 909 – (Deborah Silcox, R-Sandy Springs) Health; designation of perinatal facilities; provisions
• HR 1090 – (Sam Watson, R-Moultrie) Jeff Davis County; Crisp County; change of use of certain property; authorize
• HR 1103 – (Gerald Greene, R-Cuthbert) Property; conveyance of certain state owned real property; authorize
• HR 1104 – (Gerald Greene, R-Cuthbert) Property; granting of non-exclusive easements; authorize

The Senate Rules Calendar for Monday was unavailable at deadline. Find it online at http://www.senate.ga.gov/sos/en-US/SenateCalendars.aspx later this weekend.