With two legislative days remaining, legislative leaders embarked today on the final phase of budget negotiations for the FY 2019 budget. After the Senate adopted its proposal for HB 684 by a 52-0 vote, three ranking officers from each chamber convened a Conference Committee to work out differences. After a short introductory meeting, lawmakers receded behind closed doors, where they will work over the weekend to reconcile the House and Senate proposals. Budget watchers may get their first glimpse of the reconciled version on Tuesday, but legislators could hold out until Legislative Day 40 to reveal the contents, which must be adopted before the General Assembly can adjourn Sine Die. Follow that action next week here and on Twitter by following the #GoldDomeReport.

There was also an air of sadness in the halls today as legislators and lobbyists learned of the passing of former U.S. Senator and Governor Zell Miller, as well as prominent Georgia attorney A.J. "Buddy" Welch, Jr., father of Rep. Andy Welch (R-McDonough). We hope you will join us in keeping the families of both of these great Georgians in thoughts and prayers in the coming days.

In this Report:

• Floor Action
• Committee Reports
• New Legislation
• Rules Calendars for Legislative Day 39

Floor Action

The House took up the following propositions today:

• HR 913 (Rep. Paulette Rakestraw, R-Hiram)  House Study Committee on Incorporating Law Enforcement in the Pathway to treatment and Social Services for Persons Having Challenges with Drug Use and Mental Health; create 158-2
• HR 1398 (Rep. Matt Dollar, R-Marietta)  House Study Committee on Reforming Real Property Taxation; create 142-16
• HR 1473 (Rep. Tom McCall, R-Elberton)  House Study Committee on Industrial Hemp Production; create 152-1
• SB 8 (Sen. Renee Unterman, R-Buford, presented by Rep. Richard Smith, R-Columbus)  "Surprise Billing and Consumer Protection Act"; health insurance; provide consumer protections; definitions 92-63
• SB 191 (Sen. Rick Jeffares, R-McDonough, presented by Debbie Buckner, D-Junction City) Petroleum Pipelines; regulation and permitting in this state; definitions; provide  This was on the agenda, but was not heard.
• SB 194 (Sen. Jesse Stone, R-Waynesboro, presented by Rep. Barry Fleming, R-Harlem)  Garnishment Proceedings; maximum part of disposable earnings subject to garnishment; change 154-2
• SB 332 (Sen. Tyler Harper, R-Ocilla, presented  by Rep. David Knight, R-Griffin)  Department of Natural Resources; hunter mentor program; provide  This was on the agenda, but was not heard.
• SB 365 (Sen. William Ligon, Jr., R-Brunswick, presented by Rep. Wendell Willard, R-Sandy Springs)  Code Revision Commission; statutory portion of said Code; revise, modernize, correct errors or omissions in and reenact 154-1
• SB 397 (Sen. Sam Watson, R-Moultrie, presented by Rep. Ron Stephens, R-Savannah)  Real and Personal Property; municipalities to hire state licensed real estate brokers to assist in sale; allow 156-1
• SB 402 (Sen. Steve Gooch, R-Dahlonega, presented by Rep. Jay Powell, R-Camilla)  Achieving Connectivity Everywhere (ACE) Act" 161-6
• SB 422  (Sen. Renee Unterman, R-Buford, presented by Rep. Sharon Cooper, R-Marietta) Clinical Laboratories; exempting pharmacists from provisions of said chapter when performing certain tests; provisions; change 158-1
• SB 451 (Sen. Larry Walker, III, R-Perry, presented by Rep. Tom McCall, R-Elberton)  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 167-1
• SR 537 (Sen. Brandon Beach, R-Alpharetta, presented by Rep. Matt Hatchett, R-Dublin)  State Property; unauthorized vehicular traffic; provide closure 106-59

The Senate took up the following propositions today:

• HB 271 (Rep. Jesse Petrea, R-Savannah, presented by Sen. Tyler Harper, R-Ocilla)  Water resources; shore protection; revise various provisions  37-16
• HB 684 (Rep. David Ralston, R-Marietta, presented by Sen. Jack Hill, R-Reidsville)  General appropriations; State Fiscal Year July 1, 2018 - June 30, 2019 52-0 (Transmitted to the House)
• HR 51 (Rep. Jay Powell, R-Camilla, presented by Sen. Ellis Black, R-Valdosta)  Forest land fair market value; prescribed methodology; remove 52-1
• HB 85 (Rep. Jay Powell, R-Camilla, presented by Sen. Ellis Black, R-Valdosta)  Ad valorem tax; methodology used to establish forest land fair market value; revise 52-1
• HB 930 (Rep. Kevin Tanner, R-Dawsonville, presented by Sen. Brandon Beach, R-Alpharetta) Georgia Regional Transportation Authority; creation of certain community improvement districts; provisions 47-3
• HB 735 (Rep. Patty Bentley, D-Butler, presented by Sen. Steve Gooch, R-Dahlonega)  Income tax credit; expenditures on the maintenance of a railroad track owned or leased by a Class III railroad; create 47-5
• SR 989 (Sen. John Wilkinson, R-Toccoa) Federal Motor Carrier Safety Administration (FMCSA); withdraw Electronic Logging Device (ELD) regulations on the agriculture industry; encourage 51-1
• HB 121 (Rep. Chuck Efstration, R-Dacula, presented by Sen. Jesse Stone, R-Waynesboro) Trusts; minor or unborn beneficiaries; change provisions 42-1
• HB 927 (Rep. Chad Nimmer, R-Blackshear, presented by Sen. Renee Unterman, R-Buford) Courts; certain information be provided to caregiver upon placement of a child; require 34-12
• HB 899 (Rep. Dominic LaRiccia, R-Douglas, presented by Sen. Mike Dugan, R-Carollton) Contracts; limitation on disqualification of bidders; change 42-1
• HB 904 (Rep. Meagan Hanson, R-Brookhaven, presented by Sen. Blake Tillery, R-Vidalia)  Torts; effect of a landowner charging an admission price or fee; clarify provisions 46-4
• HB 65 (Rep. Allan Peake, R-Macon, presented by Sen. Matt Brass, R-Newnan)  Low THC Oil Patient Registry; conditions and eligibility; change provisions 31-17
• HB 93 (Rep. John Corbett, R-Lake Park, presented by Sen. John Albers, R-Roswell)  Sales and use tax; no interest shall be paid on refunds; provisions 49-0
• HB 374 (Rep. David Knight, R-Griffin, presented by Sen. Matt Brass, R-Newnan)  Ad valorem tax; property; allow electronic filing of returns in certain cases 46-0
• HB 314 (Rep. Jason Shaw, R-Lakeland, presented by Sen. Chuck Hufstetler, R-Rome)  Georgia Agribusiness and Rural Jobs Act; enact 47-1
• HB 410 (Rep. Alan Powell, R-Hartwell, presented by Sen. William, Ligon, Jr., R-Brunswick)  Condominiums; certain fees imposed on purchasers; provide for limits 45-5
• HB 489 (Rep. Tom McCall, R-Elberton, presented by Sen. Matt Brass, R-Newnan)  Local government; use Georgia Procurement Registry in addition to official legal organ to advertise certain bid opportunities; provide 46-1
• HB 571 (Rep. Sam Watson, R-Moultrie, presented by Sen. Ellis Black, R-Valdosta)  Magistrates Retirement Fund; member in arrears for dues payments for 90 days shall be suspended; provisions 48-0
• HB 696 (Rep. Trey Kelley, R-Cedartown, presented by Sen. Steve Gooch, R-Dahlonega)  Sales and use tax; certain computer equipment sold or leased to certain entities for use in high-technology data centers; create exemption 42-5
• HB 721 (Rep. Alan Powell, R-Hartwell, presented by Sen. John Albers, R-Roswell)  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 43-1
• HB 760 (Rep. Eddie Lumsden, R-Armuchee, presented by Sen. Bruce Thompson, R-White)  Insurance; certain policies, definitions, and property insurance; revise 32-14
• HB 763 (Rep. Randy Nix, R-LaGrange, presented by Sen. Matt Brass, Newnan)  Education; student attendance protocol committees to school climate; expand 50-0
• HB 782 (Rep. Trey Rhodes, R-Greensboro, presented by Sen. Larry Walker, III, R-Perry)  Crimes and offenses; provisions relating to permissible users with access to prescription drug monitoring program data base; revise 49-0
• HB 790 (Rep. Chuck Efstration, R-Dacula, presented by Sen. Brian Strickland, R-McDonough)  State government; recommendations of the Court Reform Council; implement 48-1

Committee Reports

Senate Health and Human Services Committee

The Senate Health and Human Services Committee, chaired by Sen. Renee Unterman (R-Buford), met briefly on Thursday to hear HB 301. Authored by Rep. Jodi Lott (R-Evans), the bill replaces a tax deduction with tax credit for preceptors for physicians, physician assistants, and advance practice registered nurses. The Committee recommended the bill DO PASS and be sent to the Rules Committee.

Senate Judiciary Committee

The Senate Judiciary Committee, chaired by Sen. Jesse Stone (R-Waynesboro), met on Thursday to consider several propositions:

• HB 185, originally authored by Rep. Christian Coomer (R-Cartersville), was adopted by the Governor’s Office and Rep. Chuck Efstration (R-Dacula) and presented as a substitute creating a Statewide Business Court Council to provide for planning for a statewide business court that Governor Deal hopes to create through a constitutional amendment this session contained in HR 993. The Committee recommended the bill DO PASS by Committee Substitute.
• HB 497, authored by Rep. Chuck Efstration (R-Dacula), revises the juvenile code to provide for the consideration of de facto custodians in child custody proceedings. The legislation also provides for delay to juvenile delinquency proceedings when the child is participating in a diversionary program.
• HB 605, authored by Rep. Jason Spencer (R-Woodbine), is the “Hidden Predator Act of 2018.” The bill amends Article 2 of Chapter 3 of Title 9 of the O.C.G.A. to change provisions relating to the revival of certain claims involving childhood sexual abuse. For prospective claims, the substitute considered by the Committee increases the age by which a victim has to file suit from 23 to 30 years of age. For retrospective claims (for acts before July 1, 2018), suit must be brought within 12 years of the alleged act and, if concealed, within one year of discovery of the concealment. This replaces the one-year “lookback” window in the House version of the bill, which opened the courthouse doors for all claims, no matter the age, for one year beginning July 1, 2018. The substitute also requires that a person filing suit also file an expert affidavit opining that the alleged acts were indeed abusive, mirroring Georgia law for medical malpractice claims. Sen. Josh McKoon (R-Columbus) noted that since the bill does not expressly provide for a waiver of sovereign immunity, it is likely that the law will not be enforceable against public entities. The Committee recommended the bill DO PASS by Committee Substitute.
• HB 657, authored by Rep. Jesse Petrea (R-Savannah), makes it a felony to knowingly and willingly provide a felon with a firearm. The Committee recommended the bill DO PASS by Committee Substitute.
• HB 673, authored by Rep. John Carson (R-Marietta), is aimed at combating distracted driving caused by the use of cell phones and other devices by drivers of motor vehicles. The bill was presented as a substitute, with specific changes to the penalty structure. Whereas the House version provided for a $300 minimum fine for first offense, the substitute as presented provides a graduated scale: $75 and 1 point for a first offense, $150 and 2 points for a second offense, and $300 and 3 points for a third offense, all within two years. Smart watches and safety devices are exempted from the substitute version. The Committee recommended the bill DO PASS by Committee Substitute.
• HB 791, authored by Rep. Chuck Efstration (R-Dacula), allows for waiver of sovereign immunity for claims seeking injunctive relief or declaratory judgment against the State of Georgia. The Committee substitute considered varies from the House version in that it strikes and replaces the subsection that bars the seeking of injunction or declaratory relief against state where a plaintiff challenges the constitutionality of a statute while the plaintiff has a civil suit pending against a third party relating to the matter. The Committee recommended the bill DO PASS by Committee Substitute.
• HR 993, authored by Rep. Chuck Efstration (R-Dacula), proposes a constitutional amendment to create a statewide business court. The substitute considered by the Committee allows for there to be business divisions of local courts, provides access to statewide business court by agreement of parties, and provides that judges are not elected but are appointed by governor and approved by House and Senate Judiciary Committees. The Committee recommended the bill DO PASS by Committee Substitute.

House Judiciary Non-Civil Committee

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

• SB 154, authored by Sen. Greg Kirk (R-Americus), was replaced with the contents of Rep. Ed Setzler’s (R-Acworth) HB 1006, which expands the ability to prosecute adults in and around schools for sexual assault where there is sexual contact with a student. The Committee recommended the bill DO PASS by Committee Substitute.
• SB 315, authored by Sen. Bruce Thompson (R-White), is intended to close a loophole in the existing computer crime law in Georgia, making it a misdemeanor to simply access a network without authority to do so. The substitute considered by the Committee is same as Tuesday’s version with amendment to strike “and” from line 18 and inserting “or”. Rep. William Boddie (D-East Point) offered amendment to Subsection B to protect individuals working within the course of their employment and individuals who immediately report vulnerabilities to the vulnerable party. The amendment was lost due to concerns that it would protect some bad actors. The Committee recommended the bill DO PASS by Committee Substitute on party line vote.
• SB 407, authored by Sen. Brian Strickland (R-McDonough), is Governor Deal’s criminal justice reform legislation codifying certain recommendations of the Criminal Justice Reform Council. The Committee considered the bill as a substitute that added HB 15, last year’s bill requiring electronic filing in civil court cases. The substitute also included cleanups including adding a fingerprinting requirement for 4 misdemeanor offenses that can be enforced with citation instead of arrest; probation fees and maintenance of surcharges and provides for consideration of circumstances, revision of youthful offender requirements to allow petitions in the convicting court; consideration of educational advancement in certain sentencing; inclusion of PDMP language that passed House earlier this session; and alignment of TCSG police officers with USG. Rep. Mary Margaret Oliver (D-Decatur) proposed an amendment through Rep. Robert Trammell (D-Luthersville) requiring the Juvenile Court Council to adopt a rule on shackling of juveniles in court, but the amendment was withdrawn after explanation. The Committee recommended the bill DO PASS by Committee Substitute.

Senate Education and Youth Committee

The Senate Education and Youth Committee, chaired by Sen. Lindsey Tippins (R-Marietta), met today to consider two bills:

• HB 787, authored by Rep. Scott Hilton (R-Peachtree Corners), is intended to deal with discrepancies in funding of state-authorized charter schools and traditional public schools. Chairman Tippins presented a substitute that would allow for such a charter school to be funded at the average allocation per student for its attendance zone if the school meets or exceeds the state average performance on CCRPI. Funding would remain unchanged for schools that underperformed on the CCRPI. The bill also still provides for charter participation in RESAs, which is unchanged from prior versions of the bill. The bill also still allows for forward-funding for new schools and expansions based on projection, but it includes a clawback provision if the projections do not pan out. Sen. Fran Millar (R-Atlanta) offered an amendment to the bill that would provide for a need-based grant program for needy students in the University System of Georgia. The program, originally in SB 405, would be dormant until a specific allocation is made by the General Assembly in the budget. The Committee recommended the bill DO PASS by Committee Substitute.
• HB 853, authored by Rep. Katie Dempsey (R-Rome), clarifies that, under Georgia law, a public school student placed in a psychiatric residential treatment facility pursuant to a doctor’s order is eligible to receive state educational funding for education received in the facility. The law already clearly allows for this funding for students placed by state agencies in these facilities. Chairman Tippins presented a substitute that also requires that PTRFs and their local education agencies have an up-to-date memorandum of understanding governing their relationship, including providing for this funding. The Committee recommended the bill DO PASS by Committee Substitute.

House Education Committee

The House Education Committee, chaired by Rep. Brooks Coleman (R-Duluth) met Thursday to schedule the following four study committees for this summer:

1. Special needs scholarships.  Initiated by HB 801, this is to evaluate special needs scholarships for Georgia’s students.  The chair expressed hope that this would be a quick committee and would finish about a month after the session ends.  This will be chaired by Randy Nix (R-LaGrange) and Scot Turner (R-Holly Springs).
2. Virtual schools.  This committee will assess the availability and feasibility of online schools, especially for elementary schools and rural areas.
3. A review of whether children’s needs are being met across the state, especially in rural areas.  Wes Cantrell (R-Woodstock) will chair the Committee.
4. Accreditation of schools in Georgia.   Spearheaded by HB 338, this will look at the accreditation process for schools in Georgia. 

As this was likely to be the last Education Committee meeting this section, several thanks were extended to the Chairman and other retiring committee members.

New Legislation

The following propositions have been introduced in the House and Senate. New legislation requiring consider by both chambers is not likely to advance this legislative session.

• SB 491, authored by Sen. Matt Brass (R-Newnan), makes several changes to Certificate of Need laws in the Code related to State Health Planning and Development. The bill creates definitions for freestanding emergency departments and “rural restriction areas”. The bill also adds a number of exemptions from CON law, including for certain ambulatory surgery centers, freestanding emergency departments, psychiatric and mental health centers, and Cancer Treatment Centers of America’s facility in Newnan.
• SR 1094, authored by Sen. Jack Hill (R-Reidsville), recognizes April 2018 as Child Abuse Prevention Month.

Rules Calendars for Legislative Day 39

The House will take up the following propositions on Tuesday:

• HR 1160 -- House Study Committee on Risks Associated with Kratom; create
• HR 1317 -- House Study Committee on Reforming Real Property Taxation; create
• HR 1397 -- Federal Motor Carrier Safety Administration (FMCSA); withdraw the Electronic Logging Device regulation on the agriculture industry; encourage
• SB 127 -- Failure to Provide Notice Not Rendering Responsible Person Liable; victim to file a motion in a criminal case to assert his or her rights; allow
• SB 335 -- Trafficking of Persons for Labor; offense of trafficking an individual for sexual servitude; expand
• SB 338 -- Administrative Procedure; agency rule making; modify requirements
• SB 339 -- Board of Regents and University System; establishment of free speech policies for institutions of the university system; provide
• SB 427 -- Child Support in Final Verdict or Decree; court's discretion in making a final determination of support; provisions; change
• SB 461 -- Barbers and Cosmetologists; provisions; change
• SR 146 -- Certain Rights for Victims; suffered or harmed due to an act committed; in violation of the criminal or juvenile delinquency laws; provide-CA

The Senate Rules Committee meets on Monday to set the Senate’s calendar for Tuesday, which will be posted online here late Tuesday.