Completing their last convening before Crossover Day on Wednesday, the House and Senate dispensed with long calendars today. Although the House considered 24 measures and the Senate considered 29, the mood under the Gold Dome was decidedly subdued as legislators and lobbyists rested up--and traded horses—in advance of Legislative Day 28, which is sure to be a marathon meeting.

The Senate approved number of bills of interest today, including SB 325, the “Interstate Medical Licensure Compact Act”; SB 406, the “Georgia Long-term Care Background Check Program”; and SB 407, Governor Deal’s proposal relating to criminal justice and bail reform.  Details on these propositions and more in today’s #GoldDomeReport.

In this Report:

• Senate Approves Criminal Justice, Healthcare Measures
• Committee Reports
• New Legislation
• Rules Calendars for Legislative Day 28
• This and That

Senate Approves Criminal Justice, Healthcare Measures

Amongst the 29 measures considered by the Senate today were several criminal justice and healthcare measures of potential interest to readers:

• SB 325, authored by Sen. Kay Kirkpatrick (R-Marietta) proposes that the State can enter into the “Interstate Medical Licensure Compact” in Chapter 34 of Title 43.  The legislation would also empower the Georgia Composite Medical Board the ability to administer this Compact, and allow another pathway for licensure for physicians but will not otherwise change Georgia’s existing laws governing the practice of medicine.  The legislation requires the physician to be under the medical board jurisdiction of where the patient is located.  Twenty-two states have adopted this compact (including neighboring Alabama and Tennessee). The Senate adopted the measure by a 49 to 0 vote.
• SB 406, authored by Sen. Brian Strickland (R-McDonough), requires criminal background fingerprint checks for employees at senior facilities who have direct patient access. The bill requires those checks for existing employees by October 2019 and applies for new hires when it goes into effect. The Department of Community Health will process these checks. Nursing homes, assisted living facilities, personal care homes, senior day programs, home health facilities and hospices are covered. The Senate adopted the measure by a 52 to 1 vote.
• SB 407, authored by Sen. Brian Strickland (R-McDonough), enacts comprehensive reforms for offenders entering, proceeding through, and leaving the criminal justice system to promote an offender’s successful reentry into society, benefit the public, and enact reforms recommended by the  Criminal Justice Reform. This bill specifically provides reforms relating to bail in Georgia. The bill amends Titles 16, 17, 24, 31, 35, 40, 42, 43, and 49. The Senate adopted the measure by a 53 to 0 vote.
• SB 434, authored by Sen. Renee Unterman (R-Buford), amends Title 49 to change the name of the Georgia Board for Physician Workforce to the Georgia Board of Health Care Workforce. It also expands the Board’s duties to include location and determination of underserved areas in need of advanced practice registered nurses in addition to physicians. The Senate adopted the measure by a 52 to 0 vote.
• SR 774, authored by Sen. Jesse Stone (R-Waynesboro), creates a Joint Study Committee on Adoption Expenses. The resolution follows the passage of HB 159 earlier this session, which permits the payment of expenses for biological parents in private adoptions. The Senate adopted the measure by a 48 to 1 vote.

Committee Reports

House Judiciary Non-Civil Committee – Reeves Subcommittee

The Reeves Subcommittee of the House Judiciary Non-Civil Committee, chaired by Rep. Bert Reeves (R-Marietta), to consider two bills:

• HB 802, authored by Rep. Wendell Willard (R-Sandy Springs), precludes the sentencing of death or life without parole for an individual convicted of a crime allowing such sentence if the individual committed the crime while under the age of eighteen. For these individuals, the legislation also limits sentences for homicide offenses to 25 years before consideration for parole and for other offenses, 15 years before consideration for parole. Nikola Nable-Juris, senior policy counsel for the Campaign for Fair Sentencing of Youth, spoke in favor of the bill, reviewing the Supreme Court precedent and other states’ legislative action in this field. Eric Alexander, who was sentenced to 25 years at age 17 and earned parole after 10 years, spoke on the importance of this legislation to allowing meaningful rehabilitation of youthful offenders. Atteeyah Hollie of the Southern Center for Human Rights also spoke in favor of the bill. Chairman Reeves stated that the author and interested parties are continuing to work to perfect the bill, and he expects to have another Subcommittee meeting tomorrow to pass the bill.
• HB 910, authored by Rep. Paulette Rakestraw (R-Hiram), criminalizes sexual extortion. The legislation prohibits an individual from forcing another to engage in sexually explicit conduct or distributing sexually explicit materials in an attempt to threaten or coerce a person to act. The substitute considered by the Subcommittee reduces the definition of coercion to better capture the intended conduct. It also creates a misdemeanor offense (without requiring registration on the sex offender registry) for the first offense of distributing materials and retains felony treatment (and registration) for subsequent offenses or those involving three or more persons. Forcing another to engage in sexually explicit conduct remains a felony offense requiring registration on the sex offender registry. As with the prior bill, Chairman Reeves indicated that he would work to perfect the bill and consider at a Subcommittee meeting tomorrow.

House Judiciary Non-Civil Committee

The House Judiciary Non-Civil Committee, chaired by Rep. Rich Golick (R-Smyrna), met to consider several measures today:

• HB 605, authored by Rep. Jason Spencer (R-Woodbine), is the Hidden Predator Act of 2018. Rep. Bert Reeves (R-Marietta) presented the bill on Rep. Spencer’s behalf, and noted that the bill creates a new tolling mechanism for civil actions based on childhood sexual abuse and is intended to mirror the standards related to the tort of fraud. The bill extends the statute of limitations for claims going forward and allows an individual for whom the statute has already run one year from July 1, 2018, to bring a claim against an entity that had responsibility for the care of the individual, knew or should have known of the abuse, and intentionally or with conscious indifference concealed evidence of the abuse. For future offenses, the bill provides for a tolling of the statute of limitations for a suit against an entity where the entity had a duty of care and intentionally or with conscious indifference concealed evidence of the abusive conduct. Chairman Golick noted that there remain issues to address with the bill but that it represents a balanced, well-thought-out proposal that could pass the House and continue to be perfected as it goes forward. The Committee recommended the bill DO PASS by Committee Substitute and be sent to the Rules Committee.
• HB 623, authored by Rep. Andrew Welch (R-McDonough) fills in a gap for criminal background checks for employees and contractors for the State. The legislation would allow GCIC to retain the fingerprints of such employees and contractors and allow the employing agency to enter into an agreement with GCIC to receive alerts if an employee or contractor is subsequently convicted of a crime entered into the FBI’s NCIC database. Rep. Deborah Gonzalez (D-Athens) expressed concern about the risk of retaining biometric data and sharing of such data with the FBI, which generally collects such data for individuals with criminal backgrounds. Rep. Welch noted that this data is segregated from criminal data. Rep. Ed Setzler (R-Acworth), who chaired the Subcommittee considering this bill, expressed concern about the reach of state requirements for fingerprinting and whether biometric data sent to the federal government would ever be deleted. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HB 764, authored by Rep. David Clark (R-Buford), expands the conditions for which low THC oil may be possessed and used to include post-traumatic stress disorder. Rep. Clark noted that he was hopeful that the legislation could broaden access to individuals with chronic pain, but Rep. Ed Setzler (R-Acworth), who chaired the Subcommittee considering this bill, noted that the Subcommittee was uncomfortable expanding that far in fear of excessively expanding access to the oil. Rep. Deborah Silcox (R-Atlanta) offered an amendment to preclude use of low THC oil use for PTSD by individuals under the age of eighteen. Rep. Clark noted that there have been significant positive effects for children through the use of low THC oil. Rep. Betty Price (R-Roswell) noted that she did not agree with extending the coverage to PTSD at all because of the “broad definition” for PTSD in the DSM. The Committee adopted the Silcox amendment. Rep. Micah Gravley (R-Douglasville) also offered an amendment to add “intractable pain for at least six months” to the list of conditions for which low THC oil may be possessed and used. Rep. Price stated that, in her professional opinion, there is no difference in intractable and chronic pain, and Rep. Setzler added that a similar amendment was offered and failed in the Subcommittee. The amendment was adopted by a vote of 5-4 with a tie broken by Chairman Golick. The Committee recommended the bill DO PASS by Committee Substitute (incorporating Rep. Gravley’s amendment) by a vote of 5-4 with a tie broken by Chairman Golick.
• HB 917, authored by Rep. Matt Dollar (R-Marietta) is a modernization of Georgia’s copyright law. The bill updates the terminology in the state’s piracy laws to cover modern forms of digital media. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

House Juvenile Justice Committee

The House Juvenile Justice Committee, chaired by Rep. Mandi Ballinger (R-Canton), met to consider two propositions today:

• HB 972, authored by Rep. Wendell Willard (R-Sandy Springs), amends Title 15 and 49 to extend the powers and duties of the Department of Human Services.  Specifically, the legislation allows the Division of Family and Children Services of the Department of Human Services to offer extended care youth services to individuals between 18 and 21 years of age. This extended care is commonly known as “CB 21.” The bill was presented as a committee substitute that tightens eligibility criteria for a youth to participate in the program. The Committee recommended the bill DO PASS and be sent to the Rules Committee.
• HR 1260, authored by Rep. Mandi Ballinger (R-Canton), creates the House Study Committee on Juvenile Court Judges. The Study Committee will be charged with reviewing compensation of juvenile court judges, their appointment, qualifications, and governance. The Committee recommended the resolution DO PASS without discussion.

House Insurance Committee

The House Insurance Committee, chaired by Rep. Richard Smith (R-Columbus), met to consider one bill today. HB 818, authored by Rep. Lee Hawkins (R-Gainesville), permits an individual healthcare provider to choose which form of electronic funds transfer he or she uses with an insurer and to prohibit a requirement from a payor that its own EFT or credit card, with fees, be used. The bill considered by the Committee was the same as the version that passed out previously, but the Committee had to reconsider the bill due to a clerical error with the LC number. The Committee recommended the bill DO PASS.

New Legislation

The following propositions were introduced in the House

• HB 1002 – Rep. Sam Park (D-Lawrenceville) authored this legislation addressing Chapter 8 of Title 34 to change definitions to provide that services performed by an individual for wages shall be deemed employment unless the Department of Labor makes a contrary determination based upon evidence submitted of certain factors demonstrating that such individual has been and will continue to be free from control or direction over the performance of such services.  There are further requirements proposed that the Department of Labor must follow.
• HB 1005 – Rep. Deborah Gonzalez (D-Athens) offered this legislation which would add a new Code Section at O.C.G.A. § 51-1-56.   It defines the term, ‘sexual harassment’ in Tort Law to mean: “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.”  It also adds in paragraph (b) that “when the remedies provided under Title VII of the federal Civil Rights Act of 1964 do not apply, a private right of action is hereby created for the tort of sexual harassment when the sexual harassment explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. When an individual suffers an economic loss or personal injury, including emotional distress, as a result of sexual harassment, he or she may bring a civil action for the harm or damage sustained."
• HB 1006 – Rep. Ed Setzler (R-Acworth) proposed this legislation which seeks to amend Chapter 6 of Title 16, addressing “sexually explicit conduct.”  Further, it revises the crime of sexual assault by persons with supervisory or disciplinary authority.
• HB 1007 – Rep. Clay Cox (R-Lilburn) authored this initiative which seeks to amend Title 15 and create an eight member Student and School Safety Fund Commission (which would be assigned to the Department of Public Safety) and the Student and School Safety Fund.  It would add at O.C.G.A. § 15-21-227. 92 (a) that in “every case in which any state court, probate court, juvenile court, police, recorder's, or mayor's court, municipal court, magistrate court, or superior court in this state shall impose a fine, which shall be construed to include costs, for any criminal or quasi-criminal offense against a criminal or traffic law, including civil traffic violations and violations of local criminal ordinances, of this state or political subdivision thereof, there shall be imposed as an additional penalty a sum equal to the lesser of $50.00 or 10 percent of the original fine. In every case in which any state court, probate court, municipal court, magistrate court, recorder's court, mayor's court, or superior court shall order the forfeiture of bail or bond, the additional amounts provided for in this paragraph shall be paid over as provided in Code Section 15-21-228.”
• HB 1009 – Rep. Matt Gurtler (R-Tiger) proposed this initiative which seeks to enact the “Taxpayer’s Bill of Rights Modernization Act” by amending Titles 36, 48 and 50.
• HR 1343 – Rep. Earl Ehrhart (R-Powder Springs) offered this Resolution to create a Joint Study Committee on State Tuition Assistance for Independent College Students.  This Study would be looking at equalization grants made and would be conducted by four members from the Senate and four members from the House of Representatives.  It would be abolished on December 1, 2018.

The following propositions were introduced in the Senate:

• SB 479 – Sen. Michael Williams (R-Cumming) proposed this initiative which seeks revisions in Titles 16 and 31 regarding the regulation of low THC oil so as to provide for certain circumstances for the lawful possession or control of certain quantities of low THC oil and medical marijuana.  It would also establish the Medical Marijuana Patient Registry to be housed within the Department of Public Health.  Further, it would allow for the licensing for cultivation of marijuana for the purpose of producing, processing, and dispensing medical marijuana inside Georgia.
• SR 914 – Sen. Gail Davenport (D-Jonesboro) offered this Resolution which seeks to create the Senate Emergency Pursuits by Law Enforcement Officers Study Committee.  This Study would be conducted by five members of the State’s Senate and would stand abolished on December 1, 2018.
• SR 916 – Sen. John Albers (R-Roswell) authored this Resolution which proposes to create the Senate Special Tax Exemption Study Committee composed of six members of the State Senate.  It is a continuation of the Study conducted last year.  It would stand abolished on December 1, 2018.

Rules Calendars for Legislative Day 28

The House will take up the following propositions on Wednesday:

• HB 410 – (Rep. Alan Powell, R-Hartwell) Condominiums; certain fees imposed on purchasers; provide for limits
• HB 489 – (Rep. Tom McCall, R-Elbertown) Local government; use Georgia Procurement Registry in addition to official legal organ to advertise certain bid opportunities; provide
• HB 696 – (Rep. Trey Kelley, R-Cedartown) Sales and use tax; certain computer equipment sold or leased to certain entities for use in high-technology data centers; create exemption
• HB 754 – (Rep. Jason Shaw, R-Lakeland) Insurance; division of a domestic insurer into two or more resulting domestic insurers; provisions
• HB 759 – (Rep. Scot Turner, R-Holly Springs) Georgia Special Scholarship Program; prior school year requirement; require
• HB 775 – (Rep. Alan Powell, R-Hartwell) Professions and businesses; real estate management companies; provisions
• HB 781 – (Rep. Kevin Tanner, R-Dawsonville) Sales and use tax; comprehensive revision of tax for educational purposes; provisions
• HB 791 – (Rep. Chuck Efstration, R-Dacula) State government; limited waiver of the state’s sovereign immunity for declaratory or injunctive relief under certain circumstance; provide
• HB 808 – (Rep. Chad Nimmer, R-Blackshear) Courts; term of court in certain counties in the Waycross Circuit; change
• HB 811 – (Rep. Jay Powell, R-Camilla) Revenue, Department of; authorized to share tax information that assists in the identification of noncompliant taxpayers; provide
• HB 831 – (Rep. Terry Rogers, R-Clarksville) Georgia’s Employment First Act; enact
• HB 844 – (Rep. Penny Houston, R-Nashville) Georgia Commission on Hearing Impaired and Deaf Persons; revise provisions
• HB 930 – (Rep. Kevin Tanner, R-Dawsonville) Georgia Regional Transportation Authority; creation of certain community improvement districts; provisions
• HB 938 – (Rep. Darlene Taylor, R-Thomasville) Insurance; limited credit insurance agency license; provide
• HB 940 – (Rep. Geoff Cauble, R-Locust Grove) Driver Services, Department of; mark and return surrendered licenses and personal identification cards; allow
• HB 951 – (Rep. Jason Shaw, R-Lakeland) Education; establish Center for Rural Prosperity and Innovation; provisions
• HB 956 – (Rep. Clay Pirkle, R-Ashburn) Georgia Veterinary Practice Act; enact
• HB 973 – (Rep. Jan Jones, R-Milton) Ethics in government; lobbyists shall acknowledge and agree to abide by sexual harassment policy of General Assembly; provisions
• HB 986 – (Rep. Chad Nimmer, R-Blackshear) Waycross Judicial Circuit; judges of superior courts; increase supplements
• HR 992 – (Rep. Kevin Tanner, R-Dawsonville) Local sales and use tax; use for educational purposes for a school system; authorize
• SB 2 – (Sen. Mike Dugan, R-Carrollton) “The FAST Act – Fairness, Accountability, Simplification, and Transparency – Empowering Our Small Businesses to Succeed”

The Senate Rules Committee will meet tomorrow to set the Senate’s calendar for Wednesday. Readers should also expect supplemental Rules Calendars in the House on Wednesday.

This and That

• Congratulations are in order for Rep. Katie Dempsey (R-Rome) who was recently presented with the 2018 Charlotte Wilen Maternal and Infant Health Advocate of the Year Award by the Healthy Mothers, Healthy Babies (HMHB) Coalition of Georgia.   This award was based on the work that Rep. Dempsey did in 2017 on HB 198 which requires school systems to provide parents or guardians of students in grades six through 12 with information on influenza and the influenza vaccine.
• Yes, there is another push to incorporate yet another area of DeKalb County. This time, legislators and advocates wish to call the area Vista Grove – rather than LaVista Hills or some other such name in unincorporated DeKalb County. Rep. Tom Taylor (R-Dunwoody) seems to have decided to take on this charge, introducing HB 1001 last week.