Gold Dome Report - March 2018 #2

Nelson Mullins Riley & Scarborough LLP

Lawmakers returned to the State Capitol today refreshed and renewed after a three-day weekend following Crossover Day last week. As committees began taking up propositions that have passed out of their sister chambers, so begins the push toward Legislative Day 40.

Governor Deal closed a momentous chapter for adoption advocacy in Georgia today as he signed HB 159 into law. Governor Deal noted that this “critical and bipartisan bill streamlines the adoption process and updates Georgia's adoption laws for the 21st century. . . . With the signing of this bill into law, we are giving children, including the 13,500 children in foster care, renewed hope for a forever family.” Governor Deal’s full statement can be found here.

Qualifying for elected offices also began today, with many new and returning faces appearing to throw their hats in the ring at another round under the Gold Dome. More on who is not coming back, along with much more, in today’s #GoldDomeReport.

In today’s Report:

  • Retiring Legislators
  • Committee Reports
  • New Legislation
  • Rules Calendars for Legislative Day 31
  • This and That

Retiring Legislators

Qualifying for elected offices began today, and while many new individuals will be qualifying for the upcoming elections, there are many current faces under the Gold Dome that have announced that they will not return in 2019 to their current seats, including:

  • Rep. Paul Battles (R-Cartersville)
  • Rep. Buzz Brockway (R-Lawrenceville)
  • Rep. David Casas (R-Lilburn)
  • Rep. Joyce Chandler (R-Grayson)
  • Rep. Brooks Coleman (R-Duluth)
  • Rep. Earl Ehrhart (R-Powder Springs)
  • Rep. Bubber Epps (R-Dry Branch)
  • Rep. Rich Golick (R-Smyrna)
  • Rep. Bill McGowan (D-Americus)
  • Rep. Allen Peake (R-Macon)
  • Rep. Brad Raffensperger (R-Johns Creek)
  • Rep. Wendell Willard (R-Sandy Springs)
  • Sen. Josh McKoon (R-Columbus)
  • Sen. David Shafer (R-Duluth)
  • Sen. Michael Williams (R-Cumming)

We appreciate the dedicated service of these veteran legislators.

Committee Reports

Senate Education and Youth Committee

The Senate Education and Youth Committee, chaired by Sen. Lindsey Tippins (R-Marietta), met today to consider four propositions but took no action. Sen. Tippins noted that the Committee would likely take action on these bills next Monday.

  • HB 740, authored by Rep. Randy Nix (R-LaGrange), bars the expulsion or suspension for five or more days of a student in preschool through third grade before that student receives a multi-tiered system of supports, such as Response to Intervention. If a student has an IEP or Section 504 plan, the bill also requires a school also convene an IEP or Section 504 meeting to review appropriate supports being provided as part of such plan prior to expulsion or suspension for five or more days. Arianne Weldon, of Get Georgia Reading Campaign Director; Erica Sitkoff, of Voices for Georgia’s Children; and Rachel Davidson, of the Office of the Child Advocate spoke in favor of the bill. Jane Robbins, of the American Principles Project, requested that parents be required to give informed consent before evaluations and interventions proceed. Rep. Nix noted that he asked the Department of Education about this requirement, and DOE did not see the need as it already exists in federal law. 
  • HB 743, authored by Rep. David Clark (R-Buford), is the “Jeremy Nelson and Nick Blakely Sudden Cardiac Arrest Prevention Act.” The bill requires the Department of Education to develop and post on its website guidelines and other relevant materials to inform and educate students participating in interscholastic athletics, their parents or guardians, and coaches about the nature and warning signs of sudden cardiac arrest. The bill also requires the student participating in interscholastic athletics and the student’s parent or guardian to sign and return an acknowledgement of receipt and review of the sudden cardiac arrest symptoms and warning signs each year. A school would also be required to hold an informational meeting prior to the start of each athletic season for all ages of competitors regarding the symptoms and warning signs of sudden cardiac arrest.
  • HB 763, authored by Rep. Randy Nix (R-LaGrange), expands the scope of a public school’s existing student attendance protocol committee to include a focus on school climate in addition to attendance. The legislation was recommended by a juvenile court judge in Rep. Nix’s district. Jane Robbins, of the American Principles Project, spoke again and requested that parents be required to give informed consent before a tiered system of supports is implemented.
  • HB 852, authored by Rep. Michael Smith (D-Marietta), allows students who move to a new attendance zone in the same school district to remain in their current school through the completion of the current school year.

Senate Insurance and Labor Committee

The Senate Committee on Insurance and Labor, chaired by Sen. Burt Jones (R-Jackson), heard three bills today:

  • HB 64, authored by Rep. Shaw Blackmon (R-Bonaire), enacts the “Protection and Guarantee of Service for Health Insurance Consumers Act.” This legislation seeks to add a new Code Section at O.C.G.A. § 33-24-59.21 to provide for the compensation of health insurance agents with commissions consistent with an amount proposed in the rates filed with the Department as required by the Commissioner of Insurance.  It is to be structured to compensate the insurance agent for the first term and for each renewal term thereafter so long as such agent reviews coverage and provides ongoing customer service for such plan.  No such compensation is required for any individual health benefit plan sold during a special enrollment period.  Also, this new subsection is not to apply to renewals of any individual health benefit plan sold during a special enrollment period that renews during the open enrollment period.  Further, nothing is intended to require a carrier to pay a commission to an agent who is an employee of such carrier. The Committee voted this bill DO PASS.
  • HB 592, authored by Rep. Eddie Lumsden (R-Armuchee), repeals the July 1, 2018 sunset for insurance compliance self-evaluative audits.  The Committee voted this bill DO PASS.
  • HB 760, authored by Rep. Eddie Lumsden (R-Armuchee), clarifies certain insurance policy definitions and revises the language on property insurance. It addresses definitions, including “renewal” and “reduction in coverage.”  Reduction in coverage is a change made by the insurer resulting in removal of coverage, diminution in scope or less coverage, or the addition of an exclusion.  It does not include the elimination of any coverage that the is no longer offered by the insurer in accordance to its filed rating plan or any change, reduction, or elimination of coverage made at the request of the insured. This bill was held until Wednesday to give the author time to tighten up the wording. 

House Judiciary Non-Civil Committee

The House Judiciary Non-Civil Committee, chaired by Rep. Rich Golick (R-Smyrna), met today and had a hearing on SB 407. Authored by Sen. Brian Strickland (R-McDonough), the bill is part of the Governor’s multi-year Criminal Justice Reform legislation. It creates a state-wide data exchange between law enforcement agencies and tackles misdemeanor bail reform. Several law enforcement groups spoke in favor of the intent of the bill, but did have questions on how the bill would be enforced. Today was only a hearing, so no action was taken. 

House Judiciary Committee – Kelley Subcommittee

The Kelley Subcommittee of the House Judiciary Committee, chaired by Rep. Trey Kelley (R-Cedartown) met today to consider three propositions:

  • SB 301, authored by Sen. John Kennedy (R-Macon), is the Revised Uniform Fiduciary Access to Digital Assets Act. The legislation amends Title 53 to allow an individual to make elections related to disclosure of their online accounts and records to a fiduciary after death through a will, trust, power of attorney, or online tool. The legislation is intended to help those settling an estate to access online records that online service providers generally protect from disclosure. The Subcommittee recommended the bill DO PASS and be sent to the full Judiciary Committee.
  • SB 321, authored by Sen. Blake Tillery (R-Vidalia), strengthens Georgia law relating to Medicaid fraud claims, increasing the penalty for false claims to match the federal False Claims Act penalty. This change will allow the state to retain an additional ten percent of funds recovered from false claims prosecutions. The bill was requested by the Attorney General’s office, who presented a substitute that would allow Georgia’s law to track the federal penalties and ensure continued compliance. The Subcommittee recommended the bill DO PASS by Committee Substitute and be sent to the full Judiciary Committee.
  • SB 431, authored by Sen. Blake Tillery (R-Vidalia), limits the liability of land owners who periodically charge others to enter their land for recreational purposes. The bill would limit such liability on days for which an owner does not charge for entry and entry is restricted. The Subcommittee recommended the bill DO PASS and be sent to the full Judiciary Committee.

New Legislation

The following propositions have been introduced in the House:

  • HR 1414, authored by Rep. Rick Jasperse (R-Jasper), creates the House Study Committee on School Security to help curb incidents of violence in schools and to facilitate life-saving responses when such incidents occur.
  • HR 1416, authored by Rep. Doreen Carter (D-Lithonia), creates the House Study Committee on Bail Reform to help prevent pretrial detention for those that are unable to afford the bail necessary for release. 
  • HR 1417, authored by Rep. Alan Powell (R-Hartwell), creates the Joint Study Committee on Cultivation, Manufacture, and Dispensing of Medical Cannabis Low THC Oil.  The Committee would undertake a study of the conditions, needs, issues and problems related to Medical Cannabis Low THC Oil and recommend any action or legislation which the committee deems necessary or appropriate.

The following propositions have been introduced in the Senate:

  • SR 953, authored by Sen. Steve Gooch (R-Dahlonega), creates the Joint Study Committee on Evaluating the School Year Calendar of Georgia Public Schools. The Committee would study the issue of varied school start dates to determine its economic impact to the travel and hospitality industry.
  • SR 955, authored by Sen. Greg Kirk (R-Americus), recognizes March 19, 2018, as Georgia Hearing Day.

Rules Calendars for Legislative Day 31

The House will take up the following propositions on Wednesday:

  • HR 1089 -- United States Congress; pass the federal Marketplace Fairness Act; urge
  • HR 1225 -- Congress; pass the Building Rail Access for Customers and the Economy (BRACE) Act; urge

The Senate will take up the following propositions on Wednesday:

  • HB 275 -- Game and fish; rules and regulations used to establish criminal violations; change provisions
  • HB 354 -- Georgia International and Maritime Trade Center; reconstitute and authorize Department of Economic Development to contract for certain projects
  • HB 448 -- Nonpublic Postsecondary Education Commission; require certain postsecondary institutions to qualify for exemptions; provisions

This and That

Congratulations to Brian K. Fortner!   Governor Deal announced Mr. Fortner’s appointment to a State Court Judgeship in Douglas County.  Mr. Fortner will fill the vacancy created by the resignation of Judge W. O’Neal Dettmering, Jr.  Most recently, Mr. Fortner has been serving as the district attorney for the Douglas Judicial Circuit.  He holds a law degree from Georgia State University School of Law.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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