The General Assembly returned to work today with a fresh spirit of cooperation. After delaying action Thursday on the compromise version of HB 159, the much-debated adoption bill, the Senate voted 53-2 to approve the proposition. The bill now goes to Governor Deal for his signature and enactment. The passage is expected to thaw the freeze on most legislation moving through the chambers as the General Assembly returns to the Capitol tomorrow for Legislative Day 16.

In this Report:

• Committee Reports
• New Legislation
• Rules Calendars for Legislative Day 16

Committee Reports

House Education Committee

The House Education Committee, chaired by Rep. Brooks Coleman (R-Duluth), met today and assigned several bills to subcommittees.

• Academic Support Subcommittee, chaired by Rep. Wes Cantrell (R-Woodstock), was assigned the following bills: HB 718, HB 740, HB 787, HB 788.
• Academic Achievement Subcommittee, chaired by Rep. Joyce Chandler (R-Grayson), was assigned the following bills: HB 743, HB 762, HB 801

The Subcommittees will set and disseminate meeting dates and times to consider these bills. The full Committee also heard three propositions:

• HB 655, authored by Rep. Rick Williams (R-Milledgeville), amends Title 20 to require every public school to post a sign containing the toll-free telephone number operated by the Division of Family and Children Services of the Department of Human Services to receive reports of child abuse or neglect. Rep. Tommy Benton (R-Jefferson) expressed concern of students calling the telephone number as a prank, to which Rep. Williams responded that the potential benefit outweighs this risk. Rep. Williams also reported that he has not received any negative feedback from school counselors or social workers. Several other Committee members expressed concern about children not understanding the gravity of calling the phone number and how DFCS feels about the bill.  Chairman Coleman reiterated that the bill simply provides for posting of
• HB 722, authored by Rep. David Casas (R-Lilburn), amends the Move On When Ready Act in Title 20 to expand the definition of “eligible postsecondary institution” where a student may earn dual credit. The bill expands the definition to include any nonprofit, baccalaureate degree granting institution that has been in 10+ years with a physical location in Georgia and is accredited by an accrediting agency that is recognized by either the Council for Higher Education Accreditation or the U.S. Department of Education. A representative of the Georgia Student Finance Commission noted that this legislation would result in approximately 13 additional institutions becoming eligible to enroll Move On When Ready students, and, although the Commission has no position on the bill, it expects the bill to have a fiscal impact. There was some concern that the bill would allow for diversion of public funding for additional private schools, but other members viewed the legislation as simply adding additional options for students. The Committee recommended the bill DO PASS.
• HB 739, authored by Rep. Al Williams (D-Midway), would allow O.C.G.A. § 20-2-200.2 to be cited as the “Tracy Rainey Act.” The law relates to the employment of certificated professional personnel in elementary and secondary education and the qualification of certain certificates for military spouses. The bill does not change the substance of the law, and the Committee recommended that the bill DO PASS without debate.
• HR 898, authored by Rep. Brooks Coleman, would create a Joint Study Committee on the Establishment of a State Accreditation Process to evaluate the propriety of Georgia establishing its own accreditation process for K-12 schools. The study committee was previously authorized, but the State Senate failed to appoint its representatives, so Chairman Coleman is seeking to have the committee re-authorized. The study committee would complete its work by December 1, 2018. The Committee recommended that the bill DO PASS.

The Committee will hear the following bills in a full committee meeting on Thursday: HB 759, HB 763, HB 781 (companion to HR 992).

Senate Judiciary Committee

The Senate Judiciary Committee, chaired by Sen. Jesse Stone (R-Waynesboro), met and considered two propositions today:

• SB 365, authored by Sen. William Ligon (R-Brunswick), is the annual code cleanup bill presented by the Code Revision Commission. The bill does not make substantive changes to the code but rather makes grammatical and other changes to resolve discrepancies and conflicts. The Committee recommended the bill DO PASS without debate.
• SB 373, authored by Sen. Lindsey Tippins (R-Marietta), adds an additional superior court judge to the Cobb Judicial Circuit. Sen. Tippins indicated that the Administrative Office statistics indicate the Circuit’s workload justifies an additional judgeship and unanimously recommended the addition. Sen. Tippins also indicated that there will be funding provided for the position in the FY 2019 budget. The Committee recommended the bill DO PASS.

Kelley Subcommittee of the Judiciary (Civil) Committee

The Kelley Subcommittee of the Judiciary (Civil) Committee, chaired by Rep. Trey Kelley, met Wednesday to hear discussion on three propositions.

• HB 745, authored by Rep. Scott Holcomb (Atlanta-D), provides for the ability for victims of domestic violence living in residential properties to break their lease early (similar to the exceptions provided for members of the military who have been reassigned) in an effort to provide them safety.  They must swear of the instances under oath, and are still responsible for any previous fees or dues they owe. 
• HB 410, authored by Rep. Alan Powell (Hartwell-R), seeks to set an appropriate amount to be charged by management companies to research the charges and other fees associated with HOA properties during closings.  Currently, the law states that only $10 should be charged.  However, management companies state that they are required to provide more than the designated information according to the law, and need more compensation.  Bill has been tabled pending further discussion among the committee.
• HB 705, authored by Rep. Trey Kelley (Cedartown-R), bill provides for an increase in the maximum amount a magistrate court can levy from $15,000 to $25,000.  Both Magistrate and Circuit Judges discussed the pros and cons of such a move.

Senate Health and Human Services Committee

The Senate Health and Human Services Committee, chaired by Sen. Renee Unterman (R-Buford), met Thursday, February 1, and considered two propositions.

• SB 357, authored by Sen. Dean Burke (R-Bainbridge), and cited as “The Health Act,” SB 357 is an omnibus infrastructure change bill that seeks to create the Health Coordination and Innovation Council of the State of Georgia and the Health System Innovation Center.  The board will consist of the Director of Health Care Policy and Strategic Planning (who will report directly to the Governor), the Commissioner of Community Health, the Commissioner of Public Health, the Commissioner of Human Services, the Commissioner of Behavioral Health and Developmental Disabilities, and the Executive Director of Substance Abuse, Addiction and Related Disorders.  In addition, eight members will be appointed by the Governor for four year terms, including four representatives from medical schools, universities and academia and four representatives from the private health care sector.  The purpose of the Center, as advised by the Council,  will be to develop a research program that identifies and analyzes significant health system problems and to propose solutions and best practices; focus on access improvement to affordable health care in rural Georgia; synthesize existing studies, reports and data to provide a baseline assessment and set measurable goals as part of Georgia’s strategic reform plan, evaluate and make recommendations for the fiscal state of rural health care; and generally serve as a clearing house for state-wide data which will be used to create pilot projects to improve health care in Georgia.  Overall, this initiative is to create a health care system that is better coordinated, focused and effective at all levels.  The Committee unanimously recommended the bill DO PASS and be sent to the Rules Committee.
• SB 352, authored by Sen. Renee Unterman (R-Buford), establishes the Commission on Substance Abuse and Recovery with a Director of Substance Abuse, Addiction and Related Disorders in an effort to decrease fraudulent insurance acts for the excessive, high-tech or fraudulent drug testing of certain individuals, to increase education in high school, and generally decrease the use of opiods and increase the quality of treatment for addiction in Georgia—especially with peer to peer programs.  Several members of the health care and addiction treatment community expressed support for this bill, and expressed thanks that Sen. Unterman and the committee were working to combat this serious problem in Georgia.  Currently, some hospitals are seeing over 70 overdoses a month and some estimates suggest that four Georgians a day are dying from opiod overdoses.  The Committee unanimously recommended the bill DO PASS and be sent to the Rules Committee.

Senate Agriculture and Consumer Affairs Committee

The Senate Agriculture and Consumer Affairs Committee, chaired by Sen. John Wilkinson (R-Toccoa), met Thursday, February 1, and considered one proposition.

• SB 330, authored by Sen. John Wilkinson (R-Toccoa), provides for the extension of an agricultural education program in this state to include K-5th grades.  It is based on a three-component model that will help provide for a pilot program to develop and implement agricultural education in elementary schools; aide in the selection of at least 6 pilot sites; and assist the Professional Standards Commission to extend in-field certification for agricultural education to include K-5th grade.   The Committee unanimously recommended the bill DO PASS and be sent to the Rules Committee.

New Legislation

The following House bills were read and referred to committee:

• HB 795 – Rep. Micah Gravley (R-Douglasville) introduced this legislation concerning the Department of Labor.  It authorizes the Commissioner of the Department of Labor to prescribe rules and regulations with Title 34 with the exception of Chapter 9.  It also adds a new Code Section at O.C.G.A. § 34-2-15 so as to provide the Commissioner of the Department of Labor the authority to require a criminal background check on any individual employed by the Department or applying for employment with the Department on or after January 1, 2019 and to require a criminal background check on any such individual with direct access to federal return information as a part of his or her job duties. These fingerprint checks would be conducted by the GCIC and Federal Bureau of Investigation..  It does allow an individual to obtain information concerning the accuracy of his or her criminal record; the Department would refer such individual to the appropriate state or federal law enforcement agency involved in the arrest or conviction. There is an immunity from liability provision provided to GCIC, the Department, Commissioner, law enforcement agency, and employee of the Commissioner.  It does propose that information received from GCIC or the Federal Bureau of Investigation is to be privileged and is to be used solely for the purposes of employment and not to be released or otherwise disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the employment file. The bill was referred to the Industry and Labor Committee.
• HB 796 – Rep. John Corbett (R-Lake Park) offered this legislation proposing to amend O.C.G.A. § 48-8-3 concerning exemptions from State sales and use taxes.  It seeks to renew Georgia’s sales tax holiday on the sale of eligible property for periods beginning at 12:01 a.m. on August 4, 2018 and concluding at 12:00 midnight on August 5, 2018 and commencing at 12:01 a.m. on September 29, 2018 and concluding at 12:00 midnight on September 30, 2018. The bill was referred to the Ways & Means Committee.
• HB 802 – Rep. Wendell Willard (R-Sandy Springs) proposed this bill addressing Titles 17 and 42.   It proposes considerations in the sentencing and paroling of a defendant who was less than 18 years of age at the time he or she committed a crime  (it adds that the court is required to also consider mitigating factors or circumstances which the court deems relevant  (in addition to other factors required by law) prior to the imposition of a sentence) and it seeks to eliminate the imposition of the death penalty and life without parole for a defendant who was less than 18 years of age at the time he or she committed a crime.    Further, it seeks to provide for retroactive parole consideration of inmates who are serving prison sentences for a crime committed when he or she was less than 18 years of age. The bill was referred to the Judiciary Non-Civil Committee.
• HB 803 – Rep. Wendell Willard (R-Sandy Springs) proposed this measure which seeks to add a new Code Section at O.C.G.A. § 16-5-102.1 to prohibit the trafficking of a disabled adult, elder person, or resident.  It outlines the elements of such crime and provides for penalties, mandatory sentences, and exceptions.  Subsection (b) outlines that a person commits offense of trafficking of a disabled adult, elder person, or resident when such person: “through deception, coercion, exploitation, or isolation, knowingly recruits, harbors, transports, provides, or obtains by any means a disabled adult, elder person, or resident for the purpose of appropriating the resources of such disabled adult, elder person, or resident for one's own or another person's benefit.”  Such individual, upon conviction, would be guilty of a felony punishable by a prison sentence, a fine or both. The bill was referred to the Judiciary Non-Civil Committee.
• HB 811 – Rep. Jay Powell (R-Camilla) authored this legislation which seeks to amend O.C.G.A. § 48-2-15(c).  It relates to state administrative organization so as to provide that the Department of Revenue is authorized to share tax information for the provision of services that assist the Department to identify taxpayers that are non-compliant with sales and use taxes.  It also authorizes the Department to compensate for such services on a contingency fee basis. The bill was referred to the Ways & Means Committee.
• HB 816 – Rep. Micah Gravley (R-Douglasville) introduced this legislation which seeks to amend O.C.G.A. § 48-2-6.  It proposes to provide for mandatory fingerprinting and criminal record checks for prospective employees, employees employed on or after January 1, 2019, prospective contractors, or contractors and subcontractors employed on or after January 1, 2019 by the Department of Revenue.  These criminal records checks would be conducted by the GCIC and Federal Bureau of Investigation.  It mirrors the bill, HB 795 above. The bill was referred to the Ways & Means Committee.
• HB 818 – Rep. Lee Hawkins (R-Gainesville) offered this initiative regarding insurance to provide that a healthcare provider is to choose the method by which such provider is to be reimbursed by an insurer for healthcare services performed.  It proposes that any health insurance plan issued, amended, or renewed on or after January 1, 2019 between a health insurer or its contracted vendor or a care management organization and a healthcare provider for the provision of healthcare services to a plan enrollee is prohibited from containing restrictions on methods of payment from the health insurer or its vendor or the care management organization to the healthcare provider in which the only acceptable payment method is a credit card payment.  It also sets up requirements for a health plan, including a health insurer or its contracted vendor, or care management organization to undertake certain actions prior to initiating or changing payments to a healthcare provider using electronic funds transfer payments (including virtual credit card payments).  It requires healthcare provider consent for each new type of electronic funds transfer payment initiated with a healthcare provider.  It prohibits the health insurance plan, insurer or its contracted vendor or care management organization from imposing any interchange, transaction, or processing fees or other charges on the healthcare provider beyond a nominal amount for receiving electronic funds transfer payments.  It also prohibits any of the provisions outlined in this new Code Section from being waived by contract and any contractual clause in conflict with this new section.  If passed, the provisions would become effective on January 1, 2019. The bill was referred to the Insurance Committee.
• HB 820 – Rep. Beth Beskin (R-Atlanta) introduced this initiative which would create a new Code Section at O.C.G.A. § 48-5-310.1.  It seeks to establish a procedure for counties following a rejection of a tax digest. The bill was referred to the Ways & Means Committee.
• HB 824 – Rep. Howard Mosby (D-Atlanta) proposed this legislation to amend O.C.G.A. § 48-7-27(a), relating to the imposition, rate, computation, and exemptions from State income tax.  His change seeks a change in the computation of State taxable income, which would include all itemized non-business deductions that the taxpayer could have used in computing federal taxable income. The bill was referred to the Ways & Means Committee.
• HB 827 – Rep. Trey Kelley (R-Cedartown) authored this initiative which would amend Article 2 of Chapter 7 of Title 48, relating to the imposition, rate, and computation of and exemptions from income taxes.  It proposes to increase the value of the rural hospital organization tax credit to 100 percent (it is presently 90 percent).  It also adds that from January 1 to June 30 each taxable year, an individual taxpayer is to be limited in its qualified rural hospital organization expenses allowable for credit – a single individual or head of household is $5,000.00; a married couple filing a joint return is $10,000.00; or an individual who is a member of a limited liability company, duly formed under Georgia law, a shareholder of a Subchapter “S” corporation or a partner in a partnership is $10,000.00.  The credit is currently set to be repealed on December 31, 2019; this proposal sets the repeal date at December 31, 2021. The bill was referred to the Ways & Means Committee.

The following Senate bills were read and referred to committee:

• SB 381 – Sen. Bruce Thompson (R-White) proposed this initiative in Chapter 5 of Title 33, addressing surplus line insurance.  It defines the term, 'domestic surplus lines insurer' at O.C.G.A. § 33-5-20.1 (1) as “a nonadmitted insurer that is domiciled in this state with which a surplus lines broker may place surplus lines insurance.”  At O.C.G.A. § 33-5-20.2 it outlines that a “nonadmitted insurer that is domiciled in this state shall be deemed a domestic surplus lines insurer if all of the following criteria are satisfied: (1) The insurer shall possess a policyholder surplus of at least $15 million; (2) The insurer is an eligible surplus lines insurer in at least one jurisdiction other than this state; (3) The board of directors of the insurer has passed a resolution seeking to be a domestic surplus lines insurer in this state; and (4) The Commissioner has issued a certificate of authority or otherwise provided written approval for the insurer to be a domestic surplus lines insurer.” The bill was referred to the Insurance and Labor Committee.
• SB 382 – Sen. P.K. Martin, IV (R-Lawrenceville) authored this legislation, which is a continuation of sorts from SB 153 passed and signed into law in 2017.  The legislation addresses injectable medications which an optometrist are permitted to administer. It specifically amends O.C.G.A. § 43-30-1 to provide for guidance and consultation by the Department of Public Health on certain training programs approved by the State Board of Optometry for doctors of optometry who administer pharmaceutical agents by injection.  The State Board of Optometry is required to seek guidance and consultation from the Department of Public Health  before the State Board of Optometry may approve such programs. The bill was referred to the Health and Human Services Committee.

Rules Calendars for Legislative Day 16

The House will take up four bills tomorrow:

• HB 398 – Peace Officers' Annuity and Benefit Fund; update a cross-reference; provisions
• HB 588 – Employees' Retirement System of Georgia; member may purchase annuity; revise method and manner
• HB 692 – Deferred compensation plans; governing authority of a municipality may pay costs or fees associated with an employee's participation in a plan; provide
• HB 729 – Ad valorem tax; property; repeal certain provisions

The Senate will take up three bills tomorrow:

• HB 38 – Motor vehicles; issuance of a noncommercial Class C and Class M driver's license; provide
• SB 315 – Computer Crimes; create a new crime of unauthorized computer access; penalties; provide
• SB 333 – Deferred Compensation Plans; governing authority of a municipality may pay costs/fees associated with employee's participation; provide