When the Senate adjourned at last night at 9PM after considering over 40 propositions, the House was just getting started. When the gavel fell on Crossover Day just after 1AM this morning, the House had voted on over 60 measures, which included several significant wins and a few notable defeats.

In the healthcare arena, the Senate adopted a number of bills, including SB 351, Sen. Renee Unterman’s (R-Buford) effort to extend healthcare through advanced practice registered nurses (41-10); and SB 359, Sen. Chuck Hufstetler’s (R-Rome) “balance billing” bill (52-0). The House approved HB 818, Rep. Lee Hawkins’s (R-Gainesville) proposition allowing health care providers to choose their method of reimbursement form insurers (168-0).

For education interests, the action was in the House, which approved HB 978, Rep. Chad Nimmer’s (R-Blackshear) bill allowing for automated speed enforcement devices in school zones (94-76); but decisively defeated HB 482, Rep. Wes Cantrell’s (R-Woodstock) proposition to create educational scholarship accounts (or vouchers) for K-12 students (60-102). The House declined to take up HB 781 and HR 992, Rep. Kevin Tanner’s (R-Dawsonville) effort to allow local option sales tax proceeds to be used for educational maintenance and operations.

It was also a big day for child welfare, with the House adopting HB 605, Rep. Jason Spencer’s (R-Woodbine) “Hidden Predator Act” (170-0); HB 920, Rep. Katie Dempsey’s (R-Rome) bill allowing DFCS to share information in the case of the death or abuse of an adopted child (167-0); and HB 972, Rep. Wendell Willard’s (R-Sandy Springs) allowing extension of foster care services to youth up to age twenty-one (162-3). 

More on the Crossover Day action in this #GoldDomeReport.

In this Report:

• Senate to Consider Tax Bill Sans Delta Exemption
• Crossover Day Votes
• Committee Reports
• Rules Calendars for Legislative Day 29

Senate to Consider Tax Bill Sans Delta Exemption

The Senate is set to consider HB 918 today, Governor Deal’s tax proposition following federal tax reform. Authored by Sen. Chuck Efstration (R-Dacula) and carried by Sen. P.K. Martin IV (R-Lawrenceville) in the Senate, the bill allows Georgia taxpayers to take the increased standard deduction at the federal level and take either standard or itemized deductions at the state level. The legislation also enhances personal exemptions by 25 percent. The original version of the bill also included a provision exempting jet fuel from sales and use tax, largely to benefit Delta Air Lines. That provision is expected to be absent from the version adopted by the Senate today, as Senators make a statement about Delta’s cutting of ties with the National Rifle Association. In a press conference late yesterday, Governor Deal stated that he would sign a tax bill without the tax exemption but called on legislators to curb election year “antics”. Governor Deal’s statement is available online here.        

Crossover Day Votes

The following propositions were considered in the House on Crossover Day. Any bill or resolution that failed or has not yet been taken up by the House (that would require Senate consideration) is dead for this session.

• HB 81 – (Rep. Tom McCall, R-Elberton) Income tax; certain health care facilities to receive tax refund setoffs for collection of medical debts; allow.   94-71
• HB 332 – (Rep. Sam Watson, R-Moultrie)  Georgia Outdoor Stewardship Act; enact  169-2
• HB 374 – (Rep. David Knight, R-Griffin)  Ad valorem tax; property; allow electronic filing of returns in certain cases.  Property tax assessors are being too aggressive.  And robbing tax payers.  173-0
• HB 410 – (Rep. Alan Powell, R-Hartwell) Condominiums; certain fees imposed on purchasers; provide for limits  153-18
• HB 482 – (Rep. Wes Cantrell, R-Woodstock) Georgia Educational Scholarship Act; enact 60-102
• 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 172-0
• HB 494 – (Rep. Katie Dempsey, R-Rome) Early care and learning; safety of children in early care and education programs; revise certain provisions 170-1
• HB 513 – (Rep. Pam Dickerson, D-Conyers)  Domestic relations; signs to be posted at certain medical facilities where a newborn child may be left; provide 171-0
• HB 519 – (Rep. Sharon Cooper, R-Marietta) Insurance; health benefit plans; utilize certain clinical review criteria to establish step therapy protocols; require 172-0
• HB 605 – (Rep. Jason Spencer, R-Woodbine) Hidden Predator Act of 2018; enact. 170-0
• HB 623 – (Rep. Andrew Welch, R-McDonough) Georgia Crime Information Center; retain fingerprints of certain individuals under certain circumstances and submit to the Federal Bureau of Investigation; allow. Rep. Gonzalez combats this bill. Bio data is dangerous to keep.  This data isn’t kept secure and will provide it to the FBI.  (Reconsidered) 84-85
• HB 624 – (Rep. Paul Battles, R-Cartersville) Georgia Legislative Retirement System; define certain terms; change certain provisions 117-42
• HB 642 – (Rep. Chad Nimmer, R-Blackshear) Local government; provide definitions; provisions 163-7
• HB 673 – (Rep. John Carson, R-Marietta) Motor vehicles; prohibit actions which distract a driver while operating a motor vehicle; provisions 151-20
• 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 (Reconsidered) 120-48
• HB 713 (Rep. Joyce Chandler, R-Grayson) Amendment to change to 95% 146-25
• HB 718 (Rep. Sandra Scott, D-Rex) Education; certain absences of students with parents in service of the armed forces of the United States; excuse 171-0
• HB 754 – (Rep. Jason Shaw, R-Lakeland) Insurance; division of a domestic insurer into two or more resulting domestic insurers; provisions 173-0
• HB 759 – (Rep. Scot Turner, R-Holly Springs) Georgia Special Scholarship Program; prior school year requirement; require  171-0
• HB 764 – (Rep. David Clark, R-Buford) Crimes and offenses; lawful possession of certain quantities of low THC oil and marijuana; provide 145-17
• HB 775 – (Rep. Alan Powell, R-Hartwell) Professions and businesses; real estate management companies; provisions 172-0
• HB 779 – (Rep. Alan Powell, R-Hartwell) Emergency management; homeland security division; provisions 169-1
• 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 177-0
• HB 793 – (Rep. Dominic LaRiccia, R-Douglas)  Sales and use tax; certain aquarium construction; provide exemption (Reconsidered) 107-62
• HB 803 – (Rep. Wendall Willard, R-Sandy Springs) Crimes and offenses; trafficking a disabled adult, elder person or resident; prohibit 165-1
• HB 808 – (Rep. Chad Nimmer, R-Blackshear) Courts; term of court in certain counties in the Waycross Circuit; change 173-0
• HB 811 – (Rep. Jay Powell, R-Camilla) Revenue, Department of; authorized to share tax information that assists in the identification of noncompliant taxpayers; provide 170-0
• HB 818 – (Rep. Lee Hawkins, R-Gainesville)  Insurance; health care provider shall choose the method of reimbursement by insurer; provide 168-0
• HB 820 - ( Rep. Beth Beskin, R-Atlanta) Revenue and taxation; procedure for counties following a rejection of a tax digest; establish 164-5
• HB 831 – (Rep. Terry Rogers, R-Clarksville) Georgia’s Employment First Act; enact  174-1
• HB 834 – (Rep. Mandi Ballinger, R-Canton) Landlord and tenant; termination of a rental or lease agreement under circumstances involving family violence; provide.  166-0
• HB 843 – (Rep. Jason Shaw, R-Lakeland) Revenue and taxation; tax credits; include any census tract to a county that contains a federal military installation and industrial park. 173-0
• HB 844 – (Rep. Penny Houston, R-Nashville) Georgia Commission on Hearing Impaired and Deaf Persons; revise provisions 171-1
• HB 852 -- (Rep. Michael Smith, D-Marietta) Quality Basic Education Act; student's continued enrollment in a public school under certain circumstances; provide 169-0
• HB 877 -- (Rep. Chad Nimmer, R-Blackshear) Revenue and taxation; tax rate on modified risk tobacco products; lessen 59-109
• HB 878 – (Rep. Heath Clark, R-Warner Robins) Insurance; cancellation of an insurance policy by an insured; change certain provisions 127-44
• HB 879 – (Rep. Jan Jones, R-Milton) Water resources; notice to local governing authorities prior to the dewatering of coal combustion residual surface impoundments; provide 169-3
• HB 887 – (Rep. Jay Powell, R-Camilla) Georgia Communications Services Tax Act; enact; 170-3
• HB 897 – (Rep. Chuck Efstration, R-Dacula) Georgia Power of Attorney Act; revise 169-0
• HB 899 – (Rep. Dominic LaRiccia, R-Douglas) Contracts; limitation on disqualification of bidders; change 167-0
• HB 904 – (Rep. Meagan Hanson, R-Brookhaven) Torts; effect of a landowner charging an admission price or fee; clarify provisions
• HB 917 – (Rep. Matt Dollar, R-Marietta) Crimes and offenses; restitution; update terminology and change provisions 165-0
• HB 920 – (Rep. Rick Jasperse, R-Jasper, presented by Rep. Katie Dempsey, R-Rome) Domestic relations; department’s information concerning the parties to an adoption under certain circumstances; allow for the use 167-0
• HB 927 – (Rep. Chad Nimmer, R-Blackshear) Courts; certain information be provided to caregiver upon placement of a child; require 170-0
• HB 929 – (Rep. Chuck Efstration, R-Dacula) Water and sewer projects and costs tax (MOST); additional renewals of tax; allow 172-1
• HB 930 – (Rep. Kevin Tanner, R-Dawsonville) Georgia Regional Transportation Authority; creation of certain community improvement districts; provisions  162-13
• HB 938 – (Rep. Darlene Taylor, R-Thomasville) Insurance; limited credit  insurance agency license; provide 167-5
• HB 940 – (Rep. Geoff Cauble, R-Locust Grove) Driver Services, Department of; mark and return surrendered licenses and personal identification cards; allow 171-0
• HB 951 – (Rep. Jason Shaw, R-Lakeland) Education; establish Center for Rural Prosperity and Innovation; provisions  167-3
• HB 956 – (Rep. Clay Pirkle, R-Ashburn) Georgia Veterinary Practice Act; enact 162-4
• HB 972 – (Rep. Wendall Willard, R-Sandy Springs) Human Services, Department of; Division of Family and Children Services to offer extended care youth services under certain circumstances; allow 162-3
• 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  171-0
• HB 978 – (Rep. Chad Nimmer, R-Blackshear) Motor vehicles; automated traffic enforcement safety devices in school zones; provisions.  94-76
• HB 982 – (Rep. Chad Nimmer, R-Blackshear) Courts; relative searches conducted by DFCS; change provisions 168-0
• HB 986 – (Rep. Chad Nimmer, R-Blackshear) Waycross Judicial Circuit; judges of superior courts; increase supplements  168-0
• HB 992 – (Rep. Jodi Lott, R-Evans) Health; use of automated external defibrillators; eliminate certain requirements 173-0
• HB 995 – (Rep. Mark Newton, R-Augusta) Local government; certain disclosures from consultants who enter into contracts to prepare requirements for bids; provide 175-0
• HB 996 – (Rep. Katie Dempsey, R-Rome) Georgia Technology Authority; Strategic Integrated Data System; establish 170-4
• HB 999 – (Rep. Christian Coomer, R-Cartersville) Weapons; carry license; inpatient hospitalization; provisions 161-4
• HR 238 –  (Rep. Sam Watson, R-Moultrie) Sales and use tax; annual allocation of 875 percent of revenue from sale of outdoor recreation equipment for protection and preservation of conservation land; provide – CA 164-2
• HR 444 – (Rep. Tom McCall, R-Elberton) Willie Thomas Murray Memorial Bridge; Lincoln County; dedicate 151-21
• HR 993 – (Rep. Chuck Efstration, R—Dacula) Business court; state-wide jurisdiction; create – CA 142-25
• SB 2 – (Sen. Mike Dugan, R-Carrollton) “The FAST Act – Fairness, Accountability, Simplification, and Transparency – Empowering Our Small Businesses to Succeed”  66-106.

The following propositions were considered in the Senate on Crossover Day. Any bill or resolution that failed or has not yet been taken up by the Senate (that would require House consideration) is dead for this session.

• SB 39 – Pimping and Pandering; increase the penalty provisions.  47-0
• SB 228 – Motor Vehicles; criminal offense and minimum finds for improper operation of an authorized emergency or law enforcement vehicle; provide 41-12
• SB 232 – “Facilitating Internet Broadband Rural Expansion (FIBRE) Act”; enact  55-0
• SB 236 – Driving Under the Influence; county department of family and children services be notified; endangering; require 50-0
• SB 264 – Board of Commissioners for Rockdale County; membership; reconstitute (Recommitted)
• SB 318 – Mental Health; involuntary evaluation and treatment based on consultation with paramedic; execution of a physician’s certificate for emergency examination; provide  54-1
• SB 335 – Trafficking of Persons for Labor; offense of trafficking an individual for sexual servitude; expand 52-0
• SB 336 – Georgia Bureau of Investigation; general provisions; subpoena issued for production of electronic communication; not provide notice to the subscriber 50-0
• SB 349 – Notaries Public; identification of persons evidenced satisfactorily by a valid Veterans Health Identification Card; provide 52-0
• SB 351 – Nurses; advanced nursing practice provisions; revise 41-10
• SB 354 – Technical College System of Georgia; classify certain active duty service members as in-state for tuition purposes; require 51-0
• SB 358 – Counties/Municipal Corporations; establishment of banking improvement zones; agreement for deposit of public funds; provide 52-1
• SB 359 – “Consumer Coverage and Protection for Out-of-Network Medical Care Act” 52-0
• SB 382 – Optometrists guidance and consultation by the Department of Public Health; provide 50-1
• SB 385 – Solid Waste Disposal Facilities; surcharge imposed by host local governments; change 45-7
• SB 386 – Sales and Use Taxes; exception to the ceiling on local sales and use taxes; transit special purpose local option sales and use tax; provide; Atlanta-region Transit Link “ATL” Commission; create 51-4
• SB 391 – State Road and Tollway Authority; requirements relating to identification and regulation of motor vehicles; exempt transit service buses, motor vehicles, and rapid rail systems 41-4
• SB 396 – Telephone System for Physically Impaired; state-wide dual party relay service and audible universal information access service; change provisions 48-0
• SB 401 – Individual Graduation Plans; guidance in career oriented aptitudes and career interests; provide 51-1
• SB 403 – Primaries and Elections; uniform election equipment in this state; provide (Engrossed) 50-1
• SB 404 – Public Water Systems; charging or assessing a separate fee for standby water service for fire sprinkler system connections; prohibit county, municipal and other public water systems 34-14
• SB 411 – Georgia Commission on African American History and Culture; create 49-0
• SB 414 – Charitable Solicitations; local governing authorities to issue written notices for failure to clean and maintain collection receptacles; allow 53-0
• SB 418 – Selling and Trade Practices; banning the sales of goods, products, or items regulated; sold at properly zoned retail establishments; prohibit county, municipal and consolidated governments 19-34
• SB 420 – Health; health clubs have at least one functional automated external defibrillator on site at such facility; require 42-11
• SB 425 – Professional Land Surveyors; provisions; change 52-0
• SB 426 – “Broadband Infrastructure Leads to Development (BILD) Act” 52-2
• SB 430 – Elections; compensation of various local government officials; modify 51-3
• SB 431 – Liability Not Limited; effect of an owner of land charging an admission price or fee; provisions; clarify 50-1
• SB 435 – School Buses; civil monetary penalties regarding violations of the duties of a driver; enforcement; revise
• SB 436 – Probate Courts; general provisions; change and modernize 53-0
• SB 437 – Resuscitate; parental requirement for consent; revise 52-0
• SB 444 – Georgia Alzheimer's and Related Dementias State Plan Advisory Council; create 55-0
• SB 450 – Unlawful Enticement of Game; hunting in vicinity of feed or bait; remove definitions 36-19
• SB 451 – State Soil and Water Conservation Commission; formulate certain rules and regulations in consultation with Environmental Protection Division of the Dept. of Natural Resources; remove authority 49-2
• SB 453 – Local Government; limit the distance between the new municipal corporations and existing municipal corporations; requirements for active municipalities; modify 46-7
• SB 457 – School Safety Plans; conduct drills on the execution of school safety plans based on guidance from Georgia Emergency Management and Homeland Security Agency; require 48-2
• SB 460 – “Metropolitan Atlanta Rapid Transit Authority Act of 1965”; adoption of a logo and a brand to include the term “ATL” by such Authority by certain date; provide  51-2
• SB 461 – Barbers and Cosmetologists; provisions; change 52-1
• SB 463 – Electric Motor Vehicles; exception for certain manufacturers; restrictions on the ownership, operation, and control of motor vehicle dealerships; provide  35-17
• SR 149 Childhood Cancer Awareness Day, designate September 1 53-1SR 537 – State Property; unauthorized vehicular traffic; provide closure 49-3
• SR 681 – U.S. Congress; propose the Parental Rights Amendment to the states for ratification; encourage 33-19

Committee Reports

House Judiciary Non-Civil Committee – Setzler Subcommittee

The Setzler Subcommittee of the House Judiciary Non-Civil Committee, chaired by Rep. Ed Setzler (R-Acworth), met on Tuesday and heard three propositions:

• HB 860, authored by Emory Dunahoo (R-Gainesville), creates criminal responsibility for individuals who provide facilities for underage drinking. The bill provides for a $300 fine for offenders. Mike Griffin of the Georgia Baptist Mission Board spoke on behalf of the bill. Rep. Pam Dickerson (D-Conyers) offered an amendment to help protect unknowing landlords from liability, and the amendment was adopted without objection. Rep. Bert Reeves (R-Marietta) offered an amendment to preclude prosecution where a host learns of a violation and takes reasonable efforts to stop the violation, and the amendment was adopted without objection.
• HB 981, authored by Rep. Wendell Willard (R-Sandy Springs), is intended to allow courts to restrict and seal certain records of criminal conviction. Fulton County District Attorney Paul Howard spoke on behalf of the bill, noting it was focused on “giving individuals a second chance.” He noted that 39 states allow sealing of misdemeanor records, and 25 states allow sealing of felony records, and that in these states, the unemployment and non-violent crime rates dropped after adoption. Rep. Betty Price (R-Roswell) asked to what lengths prosecutors would have to go to notify victims of petitions to seal and restrict, to which Mr. Howard said there would be a diligent effort but it would ultimately be up to the Court to determine if the effort was sufficient. Rep. Deborah Silcox (R-Atlanta) referenced an AJC article noting Georgia’s high number of citizens with records and her hope that this proposition would help many of those citizens. Rep. Bert Reeves (R-Marietta) expressed support for the bill but also expressed concerns about the balance of what offenses are eligible and how they are considered. Rep. Setzler expressed concern that it should be businesses changing policies about dealing with individuals with criminal records rather than requiring government intervention.

Rebecca Grist, speaking on behalf of the Georgia Association of Solicitors-General, expressed concern about the bill and challenges caused by the lack of classification of misdemeanors in Georgia. A number of individuals also spoke in support of the proposition, including Cory Isaacson, speaking on behalf of the Georgia Justice Project; Roger Wise, a Fulton County citizen; Chris Watkins, a workforce development coordinator for a large landscaping company; Breezy Straton, of the Douglas County Economic Development Authority; and LaDawn Jones, Solicitor for the City of South Fulton.

• HB 1006, authored by Rep. Ed Setzler (R-Acworth), expands the ability to prosecute adults in and around schools for sexual assault where there is sexual contact with a student. The bill’s provisions apply to any teacher, principal, assistant principal, or other employee or agent of public and private schools that satisfy the State’s compulsory attendance requirement (excluding sports schools, dance academies, etc.). Under the bill, such a person would be guilty of sexual assault in the second degree if he or she had any sexual contact with a student and guilty of sexual assault in the first degree if he or she has any sexually explicit conduct with a student, with both terms defined in the legislation. Consent would not be a defense but could be considered on sentencing, and the bill provides for circumstances where sex offender registration may not be required. Rep. Mandi Ballinger (R-Canton) expressed concern about the wide sweep of the bill and the potential for unintended circumstances, like capturing a volunteer coach who might date a student not engaged in that coach’s sport or individuals with existing relationships. Kendra Mitchell, representing the Georgia Association of Criminal Defense Lawyers, expressed concern about the broad definition of agency and where prosecutors would draw the line between first and second degree offenses. Pete Skandalakis, representing the Prosecuting Attorneys’ Council, noted that the Council supports the bill and appreciates the broad definition and tiered approach that gives the ability to exercise prosecutorial discretion. Margaret Ciccarelli, representing the Professional Association of Georgia Educators, noted that her Association supports the bill and appreciates the flexibility regarding sex offender registration requirement.

House Judiciary Non-Civil Committee – Reeves Subcommittee

The Reeves Subcommittee of the House Judiciary Non-Civil Committee, chaired by Rep. Bert Reeves (R-Marietta), met on Tuesday to consider two propositions, HB 802, authored by Rep. Wendell Willard (R-Sandy Springs), which 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, and HB 910, authored by Rep. Paulette Rakestraw (R-Hiram), which criminalizes sexual extortion. Rep. Reeves stated that neither bill had reached full refinement, so he held both bills in Subcommittee.

House Judiciary Non-Civil Committee

The House Judiciary Non-Civil Committee, chaired by Rep. Rich Golick (R-Smyrna), met on Tuesday to hear two bills:

• HB 860, authored by Emory Dunahoo (R-Gainesville), creates criminal responsibility for individuals who provide facilities for underage drinking. The bill provides for a $300 fine for offenders. The bill failed for lack of a second on Rep. Bert Reeves’s motion that the bill do pass.
• HB 999, Rep. Christian Coomer (R-Cartersville), was requested by the GBI and precludes the automatic purge of involuntary hospitalization records from the GCIC after five years. According to the author, Georgia is the only state in the nation that requires automatic purging of such information. The bill was presented as a Committee Substitute that only strikes language in statute requiring a purge of records. The Council of Probate Court Judges spoke in favor of the bill. The Committee recommended the bill DO PASS and be sent to the Rules Committee. The bill was ultimately adopted by the House on Wednesday by a 161 to 4 vote.

Rules Calendars for Legislative Day 29

The House will take up the following propositions today:

• HB 655 -- Quality Basic Education Act; post sign containing telephone number to receive reports of child abuse; require every public school
• SB 131 -- South Fulton, City of; change corporate boundaries

The Senate will take up the following propositions today:

• HB 273 -- Quality Basic Education Act; daily recess for students in kindergarten and grades one through five; provide
• HB 287 -- Special license plates; honoring service members killed in action; provide at no cost to eligible family members
• HB 918 -- Revenue and taxation; Internal Revenue Code; provisions